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HomeMy WebLinkAboutU & I GENERAL CONTRACT, INC.INSURANCE ON FILE Nnc;K t:l o Ofl ,`FED -Vlf .S N-2025-261 --"-I aA Z0 CHY _.__. DAT` CLERK EOCT 17 1015 O:PV4A(2) Isub�l z) AGREEMENT BETWEEN THE CITY OF SANTA ANA AND U & I GENERAL CONTRACT, INC. FOR PINE STREET PARKING LOT ART SCULPTURE THIS AGREEMENT is made and entered into this 1' day of July, 2025 by and between U & I General Contract, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of public artwork construction and installation. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Contractor's Proposal, attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement shall not exceed $49,500. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on August 1, 2025 and terminate on July 31, 2026, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub -contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits. 2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code I (any auto), with combined single limit no less than $1,000,000. 3. Workers' Compensation (WC). As required by the State of California, with statutory limits, and Employers' Liability insurance with a limit of no less than$1,000,000 per accident, policy, employee for bodily injury or disease. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor's CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment famished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor's insurance. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it. 3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers" by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s). 5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non -renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Isabel Gomez, 20 Civic Center Plaza M-36, Santa Ana, CA 92701. Claims Made Policies If any coverage required is written on a claims -made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub -contractors. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. rd 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be 6 in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: David Simon, President 13271 Cherry Street Westminster, CA 92683 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. APPROVED AS TO FORM SONIA R. CARVALHO City Attorney ABy:/ / L re Nellesen ssistant City Attorney RECOMMENDED FOR APPROVAL Ru y Rosas, P.E. Acting Executive Director Public Works Agency CITY OF SANT ANA Aiw Alvaro Nunez City Manager CONTRACTOR David Simon President ESTIMATE U & I General Contract, Inc. 13271 Cherry St Westminster, CA 92683 Bill to Marina u igeneralcontract@yahoo.com +1 (714) 799-7405 www.uigeneralcontmct.com Estimate details Estimate no.: UIGC3286 # Date Product or service 1. Services 2. Services 3. Services 4. Services 5. Services 6. Services 7. Services Description Build block wall for tile artwork according to plans provided Wall will have 18-inch footing Prep area to pour new concrete following plan provided Place 12 x 12 Arlo Pavers - 3/4 inch thick as shown on plans Color: Spanish Inn Sealer needed for Pavers: Master Seal 100 (Arto product) Prep area as shown on plans for new DG Color: Southwest Brown Tile block wall(tile provided by designer) Bullnose at base At base, we will have santa Barbara coat to install plaque provided by designer Purchase and install one FL80 SOLAR 3W LED SIGN LIGHT SYSTEM Move sprinklers, provide irrigation for new planter pots Purchase and transport pot plants picked by designer: GT ECHEVERIA GT ECHEVERIA MORNING BEAUTY GT ASSORTED SUCCULENT GT SNAKE PLANTS U&I Genei<•al Contract, Inc. Because together, we make it work Qty Rate Amount 1 $7,000.00 $7,000.00 1 $9,000.00 $9,000.00 1 $7,000.00 $7,000.00 1 $9,500.00 $9,500.00 1 $5,000.00 $5,000.00 1 $4,000.00 $4,000.00 1 $5,500.00 $5,500.00 POTTING SOIL- SCREEN PANTS VIGOROUS ALL-PURPOSE 32QT BAG POTTING SOIL- POTS MIRACLE GROW CACTI & CITRUS 1CU FT BAGS STRING OF PEARLS PEPEROMIA RUBY CASCADE 1.27QT DONKEY TAIL 1,270T HYPOESTES SMARTPLANT 90M ASSORTED 3PK STRING OF BANANAS Purchase,transport, and plantthe following plants SCREEN PLANTS- PODOCAR PUS 5 GALLON CREEPING MYRTLE 8. Services Install wrought Iron decoration on top of 1 $2,500.00 $2,500.00 the monument provided by designer Total $49,500.00 Note to customer "If change order is required for unforseen items we will provide a written change order for approval before continuing work Accepted date Accepted by LU W v z a F w LLI a a V) N w z a F O Lo a w LL. 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IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUEIRDGAT16 NIS WAIVED, subject to the terms and conditions of the pal ley, certainpol[oleo may require an endorsement. A statement on this certificate does not confer rights to the certificate holder ILL lieu of such andorsement(s . PRODUCER c4NTACT Alex Mendez Abe Rpder 730 E. Orange, Insurance LinColn CA 92865 _ PHONE o exss v(7�als2t aa4e E-MAIL —AOORE661 a19? OQI bond eri mixom License #; OC28298 IN URE R(SP AFFORDING DOVE ADS NAIC0 INSURERAi Atain SpeclaUInsurance — I ZREU IN$LRER e:._ Were LJry--Inst,trAD.gag-__-_. U&I G POStx700 Midway NERAL CONTRACT INC City, CA 92655'd700 INSURERCI Century Company ` r�Surety t INSURERS 7�ttidepftg_Natj,OBal..itlattratts0 __ INSU EELtE: UwER r COVERAGES I CERTIFICATE NUMBER: 000068762739721 REVISION NUMBER: 14 THIS IS TO CER FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE. BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY. PERIOD INDICATED. NOI ATHSTANDINOANY REOILHREMENT. TERM ORCONDITION OFANY CONTRACTOR OTNEAOOCUMENTVATHRESPEOTTOVMICFiTIIIS CERTIFICATE M YBE ISSUED OR MAY PERTAIN; THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS. SUBJECT TO ALL THE TERMS, FXbLUSIONSF+N4 CONDITIONS OF SUCH POVOIE6, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRTYPOP - RODp;SUBR, - - pOLIOYE P INSURANCE t POLICY NUMBER Al PO - EXP UJUMMI LIMnE A GOMN.ERbViL09NEAALLIASKM C'!:A4A 1 Y ' CP'S8124683 12721L2024 MADE � OCCUR 17J2112025 EAGuOCCURRENCE $ 1,r000,000 OAIA:rGE TO RENTED f+REA85E6 MED EXP Wy 9n3 CAN" 6 $000 I RERRONALSAOVINJURY $ 1,000.000 GEHL AGGREGATE NPOLICY (. u GENERAL AGGREGATE 6. 2G000,_,__ LWIIT APPLIES PER t FRO- I 1 LOO. tl - Ci PRODUCTS, COFIPMP AGO a � 2 1000,000 OTHER. AUTOMOBILEL EIOTY i i BA040000086911 10112612026 01/26/2020 OMccd2ntSINGI_LIMn 6 rrs, rr�ary�a ryry 4LXYY_ EOOILY INJURY IReI Pars'nI $ ANYAPlTO � OVkTi'ED J SCHEDULED AlmsCNI,.Y AUTOS H;RED NON.01MIEp Auto$ONLY _y AU74SONLY l I f F EOOILY INJURY tpereWVOLI PRUTPERTYOAhU1iiE ar n 6 _,- S - - -- C _ x UMERELLA,LLAB axOESE Li7}a occuq I i;LAIMSAVAn: CCP-1276930.3 1212112024 1212112025 EAeH,a2wFRFFc@ AOUNECro17E _ s 4,000,000 $� 4000000 OED !RETENTION6 $ CI ANDYIN OFFOERYMEM8AEAHIUMEU XELIJfIvE UE �MOtM9R EX AiUOPrSa n tMandatPry In NHlry T en OR OP_RhTk]NE Enlaw I DESCRIPTION6l, die MIA FR �5 E L EACTY H AL�IOENT j EL OIBLA EA EMPLOY 3 .EA. DISEASE - POLICY LINiiT3 f3 Pollution Itability A Contractoe Equipment ENVO6200207604 CPS8124683 011712024 1011, 7120251 12/2112024 121211202E Each Occurrence 1,000,000 $20,000 DESCRIPTION OF OPERA71ORS I. LOCATIONS[ VEHICLES IACOH0 rea; Amifiongl Ramaro SshadUn. away he altiChed Ar rnom $Rgee 1. nqulredl Tu Tran Dlgltallyslgnedby Tu Tran Nguyen Nguyen DMC2025W.02 09A6:20-07W APPROVED By.Tu Tran Nouven at 8:05 am.. Sep 02. 2026 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESGRI BED POLICIES BE CANCELLED BEFORE City of Santa Ana, Attentlow Isabel Gornez, THE EXPIRATION DATE REOF. NOTICE WILL BE DELIVERED IN ACCOPOANCS WITH T E LICY OVISIONS, 20 Civic Center Plaz Al If Y Santa Ana, CA 92701 AUTHOMM REPRR$ENfA Y5 I JAH 08.201 ACOR ORPORATiON, All rights reserved, ACORD 26 (2016/031 The ACORD name and loon are roaistored marks of A R❑ Printed hY JAH on O8r2c12025 at 02:39PM &?FH CERTIFICATE OF LIABILITY INSURANCE DATE ) `,� /30/2025 07/3012025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Held! GOcke Capital Providers Insurance HONE (818) 676-0016 FAx (818) 676-0015 (PA !C No Ext: AIC, No: License#CH52316 E-MAIL held)@cpisgroup.com ADDRESS: 20750 Ventura Blvd., Ste 305 INSURER(S) AFFORDING COVERAGE NAIC # Woodland Hills CA 91364 INSURERA: Endurance Assurance Corporation 11551 INSURED INSURER B U & I General Contract, Inc INSURER C : PO BOX 700 INSURER D : INSURER E : Midway CA 92655 INSURER F: COVERAGES CERTIFICATE NUMBER: 25 26 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADULSUEIR INSD WVD POLICY NUMBER POLCYEFF MMIDCIYI'YY EXP P MMIODIY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ED PREMISES Ea occurrence $ CLAIMS -MADE 1:1OCCUR MED EXP (Any one person) $ PERSONAL SADV INJURY $ GEN'LAOGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ POLICY PECOT LOG PRODUCTS - COMP/OPAGG $ $ OTHER: 1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Par person) $ ANYAUTO OWNED SCHEDULED A AUTOS ONLY UTOS H BODILY INJURY (Per accitlenl) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Perawident $ $ UMBRELLALIAB OCCUR - — EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CIAIMS-MADE DED I I RETENTION $ $ WORKERS COMPENSATION vl PER OTH- A AND EMPLOYERS' LIABILITY YIN My CUTIVE ❑ OFFICEoq In NH) EXCLUDEDp OFFICE MEMBEREXCL EXCLUDED? Ifyes,doryln NH) NIA Y EAW0000330600 07/01/2025 07/01/2026 STATUTE ER EL. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 11000,000 fyes,RIPTIONescribe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 11000-000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, AddRlonal Remarks Schedule, maybe attached If more space Is required) Walver of subrogation applies to the workers compensation policy with respect to the operations of the named Insured per attached endorsement. 30 day notice of cancellations applies to workers compensation with respect to the operations of the named Insured per attached endorsement. APPROVED By Tu Tran Nouven-at 8:05 am.-SeD 02.-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Isabel Gomez AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza M-36 Santa Ana CA 92701 01988-2015 ACORD CORPORATION. All rights reser 025 ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2_5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket Waiver of Subrogation As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. This endorsement changes the pollcy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07-01-2025 Policy No. EAW00003306-00 Endorsement No. Insured U & I General Contract, Inc. (a Corp) Insurance Company Endurance Assurance Corporation Countersigned By 01998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. COMMERCIAL GENERAL LIABILITY GG 20 3312 19 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ®- OWNERS, LESSEES OR GONTRAACTORS _" AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This w6qrsM.snt modi'ies wlsura%e prokoded under the falla,air19: COt. MEN RI LIIA.. C,FNF.:RAL LIABILITY COVERAGE PART A. Section ft > Who 1s An Insured Is cmonded to 1:-olude as an addiiorai Insured any pecspn or organizatior for %0om yru are performing oblations When you and such pers.:,r or woanizalidr have agread In ygltlnc in a mntract or agreement That such parson er crga-izafion tie adde9 as an acditirinal ianSurad on your go±lcy. Such person or organixatiori Is an ad firtenal insured only with respect to Iabihay for''nomly Injury!',"propery clamage" or "persurial era ©cNerl drag Injury" caused, in whole or in part, fay, 1. yow acts or omissions a- 2. The a stx or orft WlOns of thaw acting on Four tl ehalf; in ilia perfcrrntaroe of your ongoing operations toe lheadd,trunai In ured, However, ;the Insurance ;afforded to such additional Insured, 1 only appfies to trre 2X:srt perm lted by late. and 2, Wh nal be tkn;nder than that winch yrau are faqulre-d by tine WNn a£t or agreeme^t la provide for such adG,hcnsl insured. A persori's or eganWion's status as .art adda.ional Insorad under Ns end-=ement anc s when your operations for that addlilranz4 Infiurec are ow npleted.. B. With respect to the Insurance afforded to fnesia additional insureds, the following additional exctus ens apply. This Insurarnye do" not apply (w 1. "Brd6y Injury' •props ty damage` or "personal and advarlisaig injury' insirg cul of tho reindering of, or the failure to render, any p-vleBfiional srch iectti•.-I eng:ne,Aring or survaylprd servio"s, rncludmg: a. The preparing approving, or falling to prepare or approve, maps, shop drawings, opinions, reports survoys, "Id crdcis. change Orders or drawings and speriflatif)w or bs Superftsc ry, inspection, arthaectural or englneeriq actaviliee. Thrs exchisw taco -,es even if ilro olalmG against ahy insured allege negr garlm or othef w'rorgrlv;ry In the supervision Kring, easptoyrnpnt, tfBiniN or morlitodng of otnars by Oiat insured, if the 'occurrence whin h cau eo the "bodily injury' or "prapeiN damage', nr ;n,e offer-sor,-ihith caused the personal and €sdaerisinp Injury" ,nvohod the landerntt of or the feibare :o render anv profossic-cal ertnhecr rah, englneertrag or suryaying, tePv7L'4."5. CG 20 33 12 11) t,' l.^.sur_anw 5s^NiCos OfflGc Inc , 2018 Page 1 of 2 2 "Sedily injury" o "property damage' occuirincg cites: a. A!; work hcludmg matpdals, pawls or equipmert furneNd in corneclion with sock work, on Cite p0jc4;;l Wt er thr:n. service Maintenance or repaire) to taa performed by or on b0al` of t; a atl(iiwnal €mauracts). at the Ioi 2eban of the covered operatlom has been comdlet&: or b. Tba, partiort of "your put of which IN 034ry'ar d€nnaa 4rlsa5 hers been pu a it4 tended use by any person or aryan 2a.lan other Chan another contrirtor a* s�tcon;raco engsge. In perforrr,rng cparanons fcr a Rrindpal as ar Fear; u` the Same project. C, 4vih f"pie ,t to the insurance afforded ie thasa additional Insureds, IN following is added to &action III ... I-Irr s Of Insurance: The most wu will pay on behaff of the aomtsonal 0surarl, is the wnourit of '+nsurance: 1. Ra(V fired bj the Gr71lir8C Or rdq eertient yc=, havo entered into vAh ttie addl.,ciral irwtrnd; 01 2. Aviil&ble under the applicable Prnhii of insurance; ;michevv Is less, Tn £ endorsement shalt appitrable Anvils of irsuramcc rat increaae ilia Page 2 rut 2 4� Insurance SeMces Off:r.e Inc. 2"'. CO 20 33 121g COMMERCIAL GENERAL LIABILITY CG 2d 53 12 19 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVES OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC Trj s eodorssmarit rnddlllos t-sturarca prov5dod larder the follo\uing: CORrMERC.IA- GENERAL LIASILITY COVERAGE PART ELECTRONIC DATA[.IASILf-,Y COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABIUTY COVERAGE PART OESIGNLATED SITES POLLUTION LIABILITY LIIMITRO COVERAGE PAF2T DESIGNATE O S[TES Pg03jCTS;C0ri?LETE0 OPERATIONS LIASsU Y CQV1 RAGS PART Rr' LROAD PFRoTEcTO/E L'ASI.ITY COVERAGE PART UNDERGROUND STORAGE TANK POLICYDESIGNATED TANKS Thtl loibviinq Is aadec to P-1m9raph 8. Transfer Of, Rights Of Recovery Against others To Us of Section IV - Gandltlons: Wa waive anyright of racovary aggmsL any person or organization„ baceuse of pray payplient wu hake vnder this Coverage PArl, to +°sham, the insured has ,valved lt6 right of racoYary In a written contract or mareament, Such warner by us opplles (AV to the extent [hat tho in=_umd has waved AS t,qh: of rf;cove:/ agalrs[ such ; ersrlrr arorgenlzator* prloi to [ogs; CG 24 5312 19 it Insurance Se vxea Gfi,.c Inc, 2v: G Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION Thi er*(sement a^nodifiga wsuranee provided 4i"==der the fbilowing: CL}AI tROIA.. GENaR,AL LIASAATY COVERAGE; PAR` LktQJORLJ;AKITY OVE13A4�EPA.RT PN0L)JCT$;'C SMP ETEDOPERATIONS LIABILITY OVERAGE FART The. following is added to the Other tnsurarace C'ofids4im and %.perseoes any provision, to thw co-tmry.. Pdmavy And Noncontr[butory Inauranre 7-h 5 Ire rare is primary° to and will not sock aantlh.460 fricra ary olhar insurance available to an, aUUtt onat lnr.;rred uncitir y*us policy pfi*dea that (1) Tne addj,:ana ;Watered im p Named iristr ed under goon uth,sr n-surancs, nd (2] You hiavo agreed 10 writing in a oontrzct d- Iagreement thai tb!iw In'-5-irenre %ovic taa ruir'rary and trout(! not wok ,commu;ior front any other insurance avOitable it tKa addi*inral insured. CG 20411121d �!: I^siifaxz-Patcfss Dffm-e Inc.. 2 It - Pape 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV — BUSINESSS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, the following is added: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the '.accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. MCA04440913 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section 11 - Liability Coverage, Paragraph A.I. Who Is An Insured Provision: Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. MCA20480711