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HomeMy WebLinkAboutSUPERIOR PROPERTY SERVICES, INC. (2)INSURANCE ON FILE N-2020-082 WORK MAY PROCEED UNTIL INSURANCE EXPIRES C L E RK O /i(/72/yf�� `, F COUNCIL DATE: AGREEMENT WITH SUPERIOR PROPERTY SERVICES, INC. 0: C datol �v4ip` Le cEl" TO PROVIDE ANTI -GRAFFITI COATING a THIS AGREEMENT is made and entered into on this 2nd day of April, 2020, by and between U :;0 Superior Property Services, Inc., a California corporation ("Consultant'), and the City of Santa C:) Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). N 0 N o RECITALS A. The City desires to retain a consultant having special skill and knowledge to coat utility boxes that are part of the Utility Box Art Program with anti -graffiti coating, plus on- going maintenance and graffiti abatement from the listed coated boxes ("Project'). 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 terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services for the Project described and set forth in the Proposal, attached herewith as Exhibit A and incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement by the City to Consultant shall not exceed $15,250.00 for anti -graffiti coating and maintenance during the term of this Agreement. b. Subject to proper invoicing from Consultant confirming all expenditures from the Project, subject to City accounting procedures, payments shall be made from City to Consultant in two (2) installments for the anti -graffiti coating aspect of the Project. The first amount of $5,125.00, half of the total for anti -graffiti coating, shall be issued within forty-five (45) days after final execution of the Agreement. The second payment for $5,125.00, shall be issued within forty-five (45) after the successful completion of the Project. Page 1 of 9 c. Any work completed as part of the Maintenance Program shall be paid according to the rates identified in Exhibit A, subject to proper invoicing from Consultant confirming all expenditures from the Project, subject to City accounting procedures, up to a total contingent amount not to exceed $5,000.00, d. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. This Agreement shall be effective upon signature by both Parties and shall expire on June 30, 2022, unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. A. INDEPENDENT CONTRACTOR Consultant 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 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. 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 Consultant under this Agreement ("Documents & Data"). Consultant 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. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant 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. 6. 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 Page 2 of described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 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. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. 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 full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. 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. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fiilly executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this Page 3 of 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. 7. INDEMNIFICATION Consultant 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 Consultant, its subcontractors, agents, employees, or other persons acting on its 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 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 Consultant'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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 5101KIMMKINTM, Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant 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 Consultant under this Agreement. All such records and Page 4 of 9 invoices shall be clearly identiflable. Consultant 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. Consultant 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 Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature 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 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 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. 11. 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. 12. NON-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 affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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 Consultant or Page 5 of 9 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 is not embodied herein. 14. 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 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 consultants retained by City. 15. 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(s) 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 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. 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. 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 farther 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. 18. PROFESSIONAL LICENSES Page 6 of 9 Consultant 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. 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. 19. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box t988 Santa Ana, CA 92702-1988 Fax:7t4- 647-6956 With courtesy copies to: Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-6549 To Consultant: Superior Property Services, Inc. 9129 Perkins Street Pico Rivera, CA 90660 Pax:562-801-9230 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 Page 7 of 9 transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. 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. (Signatures on following page) Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: C. Daisy Gomez % Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Rya*ity Assiney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: fj i7v.lc C/G Page 9 of 9 EXHIBIT A PROPOSAL SUPERIOR .-0-#�" COMPANY: Community Development Agency ATTENTION: Gabriela Cramer STREET: 20 Civic Center Plaza CITY/STATE: Santa Ana, CA 92701 TELEPHONE: 714-647-5385 Direct Email: gcramer@santa-ana.org JOB ADDRESS: City of Santa Ana Utility boxes listed below PROPOSAL NO: 0016-11 (2"d revised) DATE: March 18, 2020 We hereby propose to furnish all the materials and perform all the labor necessary for the completion of the following services: Pressure wash utility box and remove graffiti, if necessary, before Applying anti -graffiti sacrificial coating to the following utility boxes: UTILITY BOXES ON SOUTH MAIN (11 BOXES): 1. Main/Chestnut-SW corner-1 new box 2. Main/Bishop-(Signal) -1 new box 3. Main/Bishop -(HUB)-1new box 4. Main/Cubbon- NWcorner - lnewbox 5. Main/McFadden-SWCorner- lnewbox 6. Main/Russell - NWcorner -lnewbox 7. Main/Borchard- NW Corner-1 new box 8. Main/Edinger - SW corner -1 new box 9. Main/Pomona- SECorner-lnewbox 10. Main/StAndrew- NEcorner-lnewbox 11. Main/St Gertrude -SE corner -1 new box 12. UTILITY BOXES ON BRISTOL (9 BOXES): 1. Bristol/Santa Clara -1 new box 2. Bristol/19th -1 new box 3. Bristol/Washington -1 new box 4. Bristol/Civic Center Drive -1 new box 5. Bristol/Bishop or Willits-1 new box 6. Bristol/MacFadden-1 new box 7. Bristol/Wilshire -1 new box 8. Bristol/Edinger (Signal) -1 new box 9. Bristol/Edinger (Hub) -1 new box 10. UTILITY BOX LILY KING PARK (1 BOX): Flower/Alton (near Lily King Park playground) -1 new box UTILITY BOX CLEAN UP/TOUCH UPS (20 BOXES): 1. 1st/Main 2. 3rd/Main 3. 4th/Main 4. 3rd/Broadway 5. 4th/Broadway 6. Sth/Broadway 7. 4th/Bush S. 1st/Bristol 9. 17th/Bristol 10. MacArthur/Bristol 11. Main/McFadden 12. Harbor/McFadden 13. Grand/Dyer 14. 17th/Centre on 17th 15. 1st/Downtown Plaza 16. Main/Washinton 17. Raitt/MacArthur 18. Greenville/Alton 19. Flower/Washington 20. Flower/Bishop Total Estimate $10,250.00 ($250 per box) Includes all labor and materials and pressure washing Maintenance Program (2 years of maintenance through June 30, 2022) SPS will continue to provide on -going maintenance and graffiti abatement from the listed coated boxes at the following rate(s). Remove Graffiti • Re -Application of Anti -Graffiti Coating when necessary Incident Documentation 24 hour response time Initial Call -Out charge is not to exceed $85/per hour Removal service rate is $150 per hour (most graffiti can be removed in less than 15 minutes) Upon completion of service payment for the full amount Due Net 30 Days From Completion of work. Superior to carry General Liability Insurance and Workers Compensation Insurance. All work is guaranteed to be as specified, and the above work to performed in a professional workmanlike manner. The above services and prices have been mutually agreed upon and SUPERIOR is hereby authorized to perform the above services. Payment will be made as outlined above. ACCEPTED BY: DATE: COMPANY: 9129 Perkins Street, Pico Rivera, CA 90660 PHONE 562.801.9200 FAxj 562.801.9230 EBSITE www.4superior.com A� b' P CERTIFICATE OF LIABILITY INSURANCE DATE(MMI020�) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 Ilou of such endorsoment s . PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA Inc. License #0726293 18201 Von Korman Ave Suite 200 ONTACT I PHONE — FA% A c Nn E:D 949-349-9800 (AID. Not: 949349-9900 ADDRESS Irvine CA92612 INSURERISI AFFORDING COVERAGE NAICB INSURER A: Nationwide Mutual Insurance Com an USE 23787 INSURED / SUPEPRO.04 Superior Property Services, Inc. 9129 Perkins Street INSURER B: Accredited $UTety and CeSUaky CO, IRC 26379 INSURER C: INSURER D: Pico Rivera CA 90660 INSURERE; INSURER F; COVERAGES CERTIFICATE NUMBER: 421571213 REVISION NUMBER: THIS 18 TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER POLIDYEFF MODDIYYYYI DLIOY E%P I ILMIDDMM LIMIT9 A X COMMERCIAL GENERAL LIA31LIyY CLAIM&MADE [ A IOC✓CUR Y ACP 3018842080 /019 0/2212 61221/2020 EACHOCCURRENCE $1000.000 PREMISES (Eao rm.l _ $60,000 MED EXP An ono arson $ L000 _ PERSONAL RAOV INJURY $1 000.000 GEM-1- AGGREGATE LIMIT APPLIES PER: %( POLICY Q JECT ❑ LOU GENERALAGGREGATE $2.000000 PRODUCTS - COMP/OP ADD $2000,000, $ _ OTHER: A AUTOMOaILELIA X OIL ANY AUTO ACP 3018842080 s 8/2272019 J'' 6/22/2020 CO M8INEDSINOLELIMIT y� S500,000 ✓ BODILY INJURY (Per person) $ X AUNED S TOS ONLY ... AUTOSULED HIRED X NON-0WNEO AUTO$ONLY AUTOS ONLY(Perazed.. BODILY INJURY (Per accMem) $ PROPERTY DAMAGE $ --,_ UMBRELLA LIAR OCCUR EACHOCCURRENCE AGGREGATE _ $ EXCESS LIAR CLAIMS -MADE_ DEB RITE ION $.._ 0 WORKERS COMPENSATION AND EMPLOYERS'LIABILITYSTATUTE Y/ ANYPROPRIET,DWPARTNEWEXECUTIVE OFF IC5MMEMBER F.XCLUDEDI NIA 1ATCA16001030 6/2212019 6/22/2020 X I PE OTH- ER E.L. EACH ACCIDENT $1,000000 E.L. DISEASE -EA EMPLOYEE $1.00D,000 /Mandatory In NH) D e, deecdb0 QF O DESCRIPTION FOPERAT ONS 49Irnv E.L. DISEASE - POLICY LIMIT $1,000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES IACORD 101, Addlllomd Romeft Schedule, may W atWehod if more apace R mqulrad) The City of Santa Ana, its officers, employDES, agents, volunteers and representatives are additional Insureds when you have agreed, In a written contract or written agreement, only Win respects to the General LlabllitY per businea911abilily Coverage for s CG 20 33 ftVI6G BB(7&4A� Ja non-contdbutory wording Is Included as perform CG 20 01 04 13. ✓ I<CY C W C Certificate of Insurance Shall provide thirty (30) day prior written notice of cancellation. By Risk MANAGEMENT D1V1510N AP 2020 CERTIFICATE HOLDER CANCELLATIONP"- - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE / THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana / ACCORDANCEWITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza, 4th floor A UTHORIZED REPRESENTATIVE Santa Ana CA 92702 // , 6 , W ,, 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This Insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional Insured Is a Named insured under such other insurance; and All terms and conditions of this policy apply unless modified by this endorsement. REVIEWED & APPROVED By Risk MANACEMENY Division APRt2020 ANGIE AGEVEdo CG 20 0104 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: ACP 3018842080 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. •WRIM01*1 lyi " IZOI:j A " ` • This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) "The City of Santa Ana, it's officers, employees, agents, and representative are named as additional insured" Location and Description Of Completed Operations Information required to complete this Schedule, If not shown above, will be shown in the Declarations. A. Section it — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described In the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The Insurance afforded to such additional Insured only applies to the extent permitted by law; and required by the contract or agreement to provide for such additional insured. B. With respect to the Insurance afforded to these additional insureds, the following is added to Section III — Limits Of insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. 2. If coverage provided to the additional insured This endorsement shall note r e the ap Ilcable Is required by a contract or agreement, the Limits of Insurance shown IVV +6E�t$tr,�PPROVED Insurance afforded to such additional Insured By Risk MANACEmmt DIVI5iON will not be broader than that which you are AP 6 2020 All terms and conditions apply unless modified by this endorsement. " ANgiE ACEVEdo CG 20 37 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1