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HomeMy WebLinkAboutNAKA ENGINEERING CONTRACTORS - 2017City of Santa A►+a Clerk of the Coun core Off Ice use Only AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. City of Santa Ana Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. I j j 02 2021 Is the agreement(s) a permanent record? Yes No Clerk of the Council Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. Pl--3L6\1- (JCS was completed on \D4,751 I 11 and final payment has been made. (List all amendments. Use space below if needed.) Department: T �'_<5� / pckyw\ A-' Phone/Ext.: 5 (� Signature: 'CS�_ZC Date: -7 k�',4A Revised: 10-18-16 t� Lax- C3 C- j F - 66 A-2017-035 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 21" day of February 2017, by and between NAKA ENGINEERING & CONSTRUCTION, INC., a California corporation (hereinafter "Consultant"), 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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skull and knowledge in the field of engineering and structural repairs. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tenns and conditions hereinafter set forth, the parties agree as follows: I. ,SCOPE OF SERVICES Consultant shall provide engineering and structural repair services at prevailing wages at Angels Park. as set forth in Exhibit A (the "Project"), attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a forrn compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightabte material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer prograrns, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept Fifty Thousand Dollars ($50,000.00) as payment for its services as set forth in Exhibit A. Said compensation includes a contingency of $5,520.00 only to be used after written request by Consultant to Executive Director setting forth the circumstances substantiating the need to use the contingency arnount. 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 which may reasonably be expected by City. 3. TERM This Agreement shall cornrnence on the date first written above and terminate on December 31, 2017, or completion of the Project, whichever is earlier, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing; executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire teen 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising; from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single lit -nit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in fill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, e. if Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. G. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 direct or indirect operations of the Consultant or its contractors, 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 Consultant 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 nights 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. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the Mature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and fi€rther 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 inforniation 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation. of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF.INTEREST CLAUSE Consultant 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be 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 telefacsirnile 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.D. Box t 988 Santa Ana, CA 92702-1988 Facsimile (714) 647-6956 Copies to: Executive Director of Parks, Recreation & COMMUnity Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 57I -4221 City Attorney City of Santa Ana 20 Civic Center Plaza (NI-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 To Consultant: Naka Engineering & Construction, Inc, Nader Alex Kazemi, Principal Engineer, CEO P,O. Box 54442 Irvine, California 92619 Phone: (949) 295-7578 Facsimile: (949) 679-0600 A party may change its address by giving notice in writing to the other party, 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 nail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsirnile, 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 t1orth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. 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 either Consultant 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, 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assigiunent, 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 consultants retained by City. 12, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant 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 Consultant consents to the City's use thereof for such purposes as the City deerns appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement, 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, 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. Consultant affin-rs that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15, PROFESSIONAL LICENSES Consultant shall, throughout the terns 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. Consultant 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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 into Wrated 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. ATTEST: MARIA D. HUIZAR Clerk ofthe Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By.,. Lisa Storck Assistant City Attorney RECONINIEND APPROVAL: CITY OF SANTA ANA GERARDO.MO ET Acting City Manager & CONSTRUCTION, INC. Nader A ex R -rErn�rl.S. -�-- �" Chief Executive Officer Jeannie Jurado, Acting Exec. Director Tax ID# Parks, Recreation & Community Services Agency 7 EXHIBIT A SCOPE OF WORK Angels Community Park 914 West Third Street Santa Ana, CA 92702 For this location the following should be listed for a bid to be considered responsible and responsive for restroom structural repairs at prevailing wages at Angels Community Park restroom: 1. Remove and replace 4" stud wall 44'-0"x6'-8". Apply stucco on both sides, Refer to Drawing A-2 and A-3. 2. Replace wood siding with stucco. Refer to Drawing A-2 and A-3. 3. Replace any damaged wood members. 4. Apply rolled/torched-down roofing, 5. Painting of the stucco, doors and screens. 6. Protect in place existing plumbing equipment. 7. Protect in place existing electrical equipment. 8. Protect in place existing doors. 9. Perform lead -based paint testing and any necessary abatement. 10. Perform asbestos testing and any necessary abatement, 11. Install temporary fence around work site. 12. Maintain work area, equipment and materials free of graffiti. 13.Obtain necessary permits, if required, 8 Y 0 � k a - ali I� "A L- V y,� �o ai�i X Z-, q Z C 2 r- waa .. o CCII a '-7 .roc Ems-.s> r" �e horn V' a n �zw �i FV c11 �,� ux a Ka Y r�; Go ,fig! - _ HL210N L. illy zK l !I � 111 z yr<a� n �1 aNJ10 2 -- Su�i w � �� �I •I IIYF_ �v10 FZ o O ':: J nOT� IFI� sr r��ry, �dd�] ✓rGn �n �O �Jr Z� 2a 4Fz� •� G o "w w(�lt a=� ' �ni �z v�_ 'moo olnv f2 _Kaa o� oar �� r,��n oti Q U 3I in z z i� rc�E r o'F NX 19 CERTIFICATE OF LIABILITY INSURANCE DATEIMMri7DNYYY) 2-28-2017 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ISK Insurance services/ Slcyles Insurance Agency AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS IJ642 sand Canyon ave CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Irvine, CA 92619 COVERAGE AFFORDED BY THE POLICIES BELOW, 949-275-3648 INSURERS AFFORDING COVERAGE NAIL 4 INSURED INSURER A: Colony INS CO NAKA ENGINEERING & CONSTRUCTION INC INSURER B; 215t Century Insurance Company 26081 Merit Circle, Ste 11.4 INSURER c State Compensation insurance Fund Laguna Hills, CA 92653 INSURER R INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTft INSR INSRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATB 1NMID6 POLICY EXPIRATION DATE Mfi�16D7YY LIMITS ® GENERAL LIABILITY ® COMMERICAL GENERAL LIABILITY ❑❑ CLAIMS MADE ®OCCUR IOIGLOO51688 4/07/16 4/07/I7 EACH OCCURENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea oxurrenee} $100 000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 ❑❑ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGO $2,000,000 ® POLICY El PROJECT [I LOC $ B �I AUTOMOBILE LIABILITY ® ANY AUTO 10527507 1T,18-16 11-i8-E7 COMBINED SINGLE LIMIT jHach Occurrence) $1,000,000 ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS BODILY INJURY (Per parson) $ ® HIRED AUTOS ® NON -OWNED AUTOS BODILY INJURY (Per accident) $ ® Hired Auto pj sical dams a � eo PROPERTY DAMAGE (Per accident) $ ❑GARAGE LIABILITY El ANY AUTO ❑ r AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: qGG $ $ ❑EXCESSIUMBRELLA LIABILITY ❑ OCCUR ❑ CLAIMS MADE I-- {p� " EACH OCCURRENCE $ AGGREGATE $ ❑ DEDUCTIBLE (k $ ❑ RETENTION $� $ ®WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 3943582-2014 5/01116 5/0[l17 ® WCSTATU. ❑ OTH- TORY LIMITS ER ANY PRCPRiETORIPARTNER)EXECU- TIVE OFFICERIMEMBER EXCLUDED? E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - FA EMPLOYEE $1000,000 If yes, describe under SPECIAL PROVISIONS babw E-L- DISEASE - POLICY LIMIT $1000,000 ❑ OTHER DE`$CRIPTION OF OPERATION91 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDEO BY ENDORSEMENT! SPECIAL PROVISIONS 1 ERTIEi ICATE ROLDER IS NAMED AS ADDITIONAL INSURED. Additional insured certificates and endorsements will he sent to certificate holder direotly upon renweal dates. UITY OF SANTA ANA PURCHASING DEPARTMENT 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Vli1YMCl„I.M 1 IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDf COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICA;t HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATI09ORLIA -ATY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE,$. // AUTHORIZED RD 26 J2001/08j -- — ACORD CORPORATION 1988 FCC dra, GERTI �CA II E OF LIABILITY NSURANCE TE (MMIDWYYYY) DA0411312016 PRODUCER 888-gp0-gg8c0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SKYLES INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 9840 BUSINESS PARK OR, SACRAMENTO, CA 95827 INSURERS AFFORDING COVERAGE NAIC 4 INSURED NAKA ENGINEERING & CONSTRUCTION INC NADER ALEX KAZEMI P.O. BOX 54442 IRV€NE, GA 92619 I INSURERA: COLONY INSURANCE COMPANY INSURERB: INSURERC: rNsuRER D; INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ IN5R LTR IAA0'4 ! p POLICY NUMBER POLICYEFFECTIVE DATE POLICY EXPIRATION ❑ LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 PREMISES Eaoccurence 100,000 `A` X X COMMERCIAL GENERAL LIABILITY101GL0051G88-00 417116 417117 MED EXP(Any one person} $ 5,000 CLAIMS MADE [�j OCCUR FIERSONAL&ADVINJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS,COMPIOPAGG $ 2,006,000 i X POLICY P ar n LOC AUTOMOBILE LIABILITY ANYAUTO COMSINEDSINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person} $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON;OWNEDAUTOS BODILY INJURY (Per accident} $ PROPERTY DAMAGE (Par accident) $ GAR AGE LIABILITY AUTO ONLY iEAACCIDENT $ OTHERTHAN EA ACC AUTO ONLY: AGG S I ANY AUTO 5 EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE S OCCUR CLAIMSMADE 5 $ DEDUCTIBLEj{ RETENTION S e .Y $ WORKERS COMPENSATION AND - � TORY LIMY TS O R y E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY AMY PROPRIETO RIPARTN ERlEX ECUTIVE OFFICERWEMEER EXCLUDED? f yes, describe under 5RECIALPROVISIONS below p ,e ry0 i u��S Nz E.L. DISEASE, EA EMPLOYE£ Fi E.L. DISEASE i POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES EXCLUSIONS ADDED BYENDORSEMENT I SPECIAL PROVISIONS L­'I-I-'l 0 SAID i-A ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMFD AS ADDITIONAL INSURED PER COI*IDITIONS OF THE ATTACHED FORMS U156-03-10, U047-0310. RE:SANTA ANA, CA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF SANTA ANA, NI-93 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR 20 CIVIC CENTER PLAZA REPRESENTATIVES. AUTHOORIE,1 D$E)'� NTATIVE SANTA ANA, CA 92702 ---- Bpm ACORD 25 (2UO1108) / f ' AUUKU t UNIIUKA I IUN lVdd TUMPOSIM11V If the certificate holder is an ADDITIONAL. INSURED, the pollcy(ies) must be endorsed. A statement an this certificate does riot confer rights to the certificate holder in lieu of such endorse ment(s). ff 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. f ,4\e ACORD 25 (2001108) 101 GL 0051688-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULE.): E PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE DART ured Person(s) or dditional Insu SCHEDULE AS DESIGNATED IN WRITTEN CONTRACT WITH THE NAMED INSURED Location(s) of Covered Operations: AS DESIGNATED IN WRITTEN CONTRACT WITH THE NAMED INSURED It is further agreed that this insurance shall be Primary and Non -Contributory but only in the event of a Named Insured's sole negligence. A. SECTION II — WHO 15 AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: I. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. A persons or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability ��,��� "Bodily injury" or "property damage" for which the additional insured(s) are obliga#ed to pay y reason of the assumption of liability in a contract or agreement. L Finished Operations at Work�����,�`��,��C�, Bodily injury" or property damage occurring after: ��P° 1. All work, including materials, parts or equipment furnished in connection with?Lich work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2 with its permission. 101 GL 0051688-00 insured (s). ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 0S U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 2 of 2 with its permission. 101 GL 0051688-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph S. Transfer Cif Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" if: a. you agreed to such waiver; b. the waiver is included as part of a written contract or lease; and c. such written contract or lease was executed prior to any loss to which this insurance applies, ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, U047-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. POLICYHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 05-01-2016 GROUP; POLICY NUMBER: 1943582-2015 CERTIFiCATE 11 26 CERTIFICATE EXPIRES: 05-01-2017 05-01-2018/05-01-2017 CITY OF SANTA ANA SP 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this po#icy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the poilcy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which It may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - NADER ALEX KAZEMI, PRES,TRES - EXCLUDED, ENDORSEMENT #1600 - IRAN ALIGHOLIZADESUOMEH, SEC - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2012 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER I ENGINEERING & CONSTRUCTION INC PO BOX 54442 IRVINE CA 92619 •�e e G� SP [DEC,CN1 (REV.7-2014) PRINTED : 03-01-2017 �11 ar-,e^r 0 DATE IMM'IDDfYYYYI. C CERTIFICATE OF LIABILITY INSURANCE04103r2017 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 I'NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must, 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 Briana Casillas NAME: PHONE. ,.,...,.. 916-361-9585 %2.6691'..6-361-9821 Skyles Insurance Agency E-MAIIFss: bcasillas@skylesinsurance.com ADD9840 Business Park Drive INSURER(S) AFFORDING COVERAGE NAIC q Sacramento CA 95827 INSURER A: Colony Insurance Company 39993 INSURED INSURER B Naka Engineering X Construction Inc INSURER C: Nader Alex Kazem" INSURER D : P.O. Box 5444E f INSURER E r Irvine A % .. ;CA92619 INSURER F COVERAGES CERTIFICATE NIIMIRER- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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. k"SR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY E%P MMIUDrPYYY LIMITS COMMERCIAL. GENERAL LIABILITY EACH OCCURRENCE. S 1,000,000 PREMIS S (Ea uc24rrenae S 100,000 CLAIMS -MADE J OCCUR . ME EXP (Any one person) S 5,000 PERSONAL BADVINJURY S 1,000,000 A Y 101GL0051688-01 04107/2017 04/07/2018 GEN'L AGGREGATE LIMIT APPLIES PER ; GENERAL AGGREGATE S 2,00D,000 POLICY El PRO- JECT L.00 PRODUCTS - COMP/OPAGG S 2,000,000 $ OTHER:, AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea =Idenl) $ ANY AUTOBODILY INJURY (Par person) 5 _ ALL OWNED ..._.. _., SCHEDULED AUTOS AUTD!S I BODtlLY INJURY (Per accident) I.,.S PROPERTY DAMAGE 3 NON' -OWNED HIRED AUTOS AUTOS.,. �. Per accidanl _ a S UMBRELLA UA8 Li OCCUR h4 i EACH OCCURRENCE $ AGGREGATE S EXCESS LIAR CLAIMS -MADE �� p DEO RETENTIONS S ,:. ( ° WORKERS COMPENSATION � .,� PER DT}a STATUTE ER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOMPARTNERIEXECUTIVE �r,,� �j q,�.,vr,�N�'^ `. Er. EACH ACCIDENT 5. r7FFOEWMEMBER FXCLUDED7 (Mandatory In NH)E.L. NIA E�q�0. " \C�.,v' DISEASE -EA EMPLOYEE 5 If yes describe under ago � DESCRIPTION OF OPERATIONS below ,re'• •. E L. DISEASE - POLICY LIMIT $ r, DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS WITH RESPECT TO GENERAL LIABILITY PER THE CONDITIONS OF THE ATTACHED FORMS: U 156-0310 AND U047-0310.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE, POLICY PROVISIONS. CITY OF SANTA ANA 20 CIVIC CENTER PLAZA AUTHORIZED REPRESENTATgVE SANTA ANA CA 92702 b 1988-20 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are r r Bred marks of ACORD 101 GL 0051688-ol THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - S C H E D U L E A PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL. GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organiza�tion(s) (Additional Insured): Location(s) of Covered Operations: AS DESIGNATED IN WRITTEN CONTRACT AS DESIGNATED IN WRITTEN CONTRACT WITH' THE NAMED INSURED WITH THE NAMED INSURED 11 is further agreed that this insurance shall be Primary and Non -Contributory but only in the event of a Namedd! Insured's sole negligence. A. SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person of organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or ornissions of those acting or) your behalf" in the performance of your ongoing operations for the additional insured(s) at the locatson(s) designated above. A person's or organization's status as an addifianal insured under this endorsement ends when your operations for that additional insured are completed, B, V\(ith respect to the insurance afforded to these additional insureds, the following additional exclusions apply, - This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or "property damage" for which the additional insured(s) are obligated tQ 4a m by reason of the assumption of liability in a contract or agreement. e� A Finished Operations at Work "Bodily injury" or "property damage" occurring after: C" 0 1. All work, including materials, parts or equipment fumished in connection wit r We project (other than service, maintenance or repairs) to be performe or, mof the additional insured(s) at the location of the covered operations has keen corrg 8. or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2 with its permission. 101 GL 0051e88-01 insured(s), ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. G�e2 000# U156µ0310 Includes, copyrighted material of ISO Properties, Inc., Page 2 of-2 with its permission. 101 GL 00516aa.o1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS1COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -- Conditions: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or "yourwork" done under a contract with that person or organization and included in the "products -completed operations hazard" if: a. you agreed to such waiver, bs the waiver is included as part of a written contract or lease, and c. such written contract or lease was executed prior to any loss to which this insurance applies, ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, U047-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission.