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HomeMy WebLinkAboutSUPERIOR PROPERTY SERVICES, INC. (5)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES E • 2Z•?mZ; CLERK OF COUNCIL DATE A-2022-076 AGREEMENT WITH SUPERIOR PROPERTY SERVICES, INC. TO PROVIDE HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS WASTE REMOVAL SERVICES IN THE 0963A( f M46 s0 A.) r s\ I SANTA ANA CIVIC CENTER C�, THIS AGREEMENT is made and entered into on this 17th day of May, 2022 by and between Superior Property �o Services, Inc., a California corporation ("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"). .- 4 _J RECITALS A. On January 24 2022 PRCSA issued Request for Proposal No. 22-010 � q p (RFP) for the hardscape pavement cleaning and infectious waste removal services. The RFP was posted on PlanetBids, where 30 vendors were notified, 26 vendors downloaded the RFP and one vendor submitted a proposal. B. The proposal that was submitted is from the existing vendor that currently provides service in the Civic Center. An evaluation committee consisting of representatives from PRCSA reviewed the proposal. Due to the experience of the vendor in working in the area as well as professional working relationship with the City, the evaluation committee made a recommendation to continue with Superior Property Services, Inc. for a four-year agreement, beginning July 1, 2022 through June 30, 2026. 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 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: 1. SCOPE OF SERVICES Contractor 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 described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total annual compensation for services provided under RFP 22-010 shall not exceed Three Hundred Sixteen Thousand Six Hundred Forty - Two Dollars and Zero Cents ($316,642). The annual sum is comprised of (a) the base amount of $263,868 and (b) a 20% contingency in the amount of $52,774 for additional services to be performed by the Contractor at the sole discretion of the City. 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. Cc7INEVIWIi31 This Agreement shall commence on July 1, 2022 for a four (4) year term ending June 30, 2026, unless terminated earlier in accordance with Section 15, 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 sub Contractor 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. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Contractor 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 $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: 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. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (S) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents priorto the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 9. 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. 10. 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. 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, 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 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 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 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. 13. NON-DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 is 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. 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(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 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. 17. 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. 18. 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. 19. 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. 20. 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 1988 Santa Ana, CA 92702-1988 Fax:714-647-6956 With courtesy copies to: Executive Director, Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax:714-571-4209 To Contractor: Ronald L. Bruneck President Superior Property Services, Inc. 9129 Perkins St. Pico Rivera, CA 90660 Fax: (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 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. 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. ATTEST: t CITY OF SANTA ANA Daisy Gomez Kris me Ridge Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Bra on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency SUPERIOR PROPERTY SERVICES, INC: f Ronald C Bruneck President SCOPE OF SERVICES ATTACEWMNT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS WASTE REMOVAL SERVICES IN THE SANTA ANA CIVIC CENTER RFP NO.: 22-010 Description of Work 1. GENERAL The Civic Center Campus boundaries are North -Civic Center Drive, South -Santa Ana Blvd, East - Sycamore Street, West -Shelton Street. The Contractor shall 5xmish all labor, vehicles, chemicals, tools, materials, equipment, transportation and supervision, except as specified herein, to manage and perform the pavement cleaning services as set forth herein. 1.1 All hardscape areas shall be cleaned (which shall include high pressure hot water washing), including but not limited to sidewalks, walkways, patios, boardwalks, quads, esplanades, concrete parking lots beneath the Plaza of the Flags and Fountains, terrazzo reflection pool north of the Orange County Courthouse, concrete drive entrance to the Main Library, Plaza of the Sun, Plaza of the Flags, Plaza of the Fountains, Orange County Historical Courthouse, Sasscer Park, Central Mall (East and West of Ross), Hall of Administration Entrance, County Administration Entrances (North and South), City Hall, and City Council Chambers. 1.2 Hardscape areas shall be cleaned 100% free of all dirt, stains, gum, oil, tar, and residue to present a high quality appearance following each scheduled visit. L3 Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 1.4 Until dry, the areas, where practical, shall be barricaded, locked or otherwise isolated. 1.5 The Contractor shall clean all areas up to the entrance doors of each building. This includes, but is not limited to, steps, handicap ramps, side entrances, etc. 1.6 The Contractor shall also meet the criteria for cleaning as specified below. 2. CONTAMINATED WATER 2.1 Only uncontaminated potable water may flow into surface drains. No cleaning agents or water contaminated from petroleum waste or any other hazardous waste may be allowed to flow into the surface drains. Contractor shall comply with all NPDES requirements regarding the containment of discharge into the storm drain system. 3. FREQUENCY 3.1 All paved areas covered by this contract shall be thoroughly cleaned per the specifications. Please refer to Attachment 3-6: Fee Schedule for locations and frequencies. 3.2 The Contractor shall have minimum two (2) employees continuously inspect all areas within the Civic Center for infectious waste and sharps (hypodermic needles) between the hours of 6:30am and 3:OOpm Monday through Friday. Any infectious waste (feces, urine, blood, vomit, or other bodily fluids) and/or sharps (hypodermic needles) discovered shall be removed and disposed of per federal, state, county and local laws and regulations. 3.2.1 All Contractor employees involved in the inspection, removal and disposal of infectious waste and sharps will have met all OSHA training requirements and their training shall be up to date. 3.2.2 All Contractor employees involved in the inspection, removal and disposal of infectious waste and sharps shall wear at all times Personal Protection Equipment (PPE's). 3.2.3 All infectious waste and sharps shall be properly removed and disposed. 4. OPERATING CRITERIA 4.1 All trash, debris, tar, freestanding oil, grease, liquids, "green waste," food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substances, and contaminants shall be removed from hardscapes (i.e. sidewalks, walkways, patios, boardwalks, quads, esplanades) prior to cleaning operations. 4.2 The removal of materials, substances, and contaminants prior to cleaning operations may require the use of scrub brushes, sponges, mops, or other tools or utensils. All cleaning agents or residuals thereof, used in this process must be completely removed prior to beginning cleaning operations. 4.3 During regular cleaning operations, the contractor shall use high pressure, low -volume washers, and steam cleaners as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4.4 Hardscapes shall receive a thorough cleaning according to approved Contractor's schedule. 4.5 At the beginning of cleaning operations, the Contractor shall strategically place approved signage at appropriate locations to identify to patrons that cleaning is taking place and that the walkways may be slippery. At all times Contractor shall safe guard the public from conditions made unsafe by the Contractor's operations. 4.6 During cleaning operations should the Contractor notice a hazardous condition they shall make the area safe by barricading the area and notifying the Executive Director's representative immediately. It shall be the City's responsibility to remedy the unsafe condition unless the Contractor created the condition. 4.7 In the event of hazards originating after or between cleaning frequencies, the Contractor may be requested to respond to the site and remove the hazard. Such requests shall be paid under Additional Work. 4.8 The nozzle pressure of equipment shall not be so great so as to dislodge tile/paver grout or cause damage to hardscapes. 4.9 If the nozzle pressure of equipment used to loosen and clean hardscapes is insufficient to thoroughly wash the surface, scrub brushes and cleaners may be required to remove the materials and produce a thoroughly clean surface. 4.10 All cleaned surfaces shall be rinsed clean and no fine grit or grime shall be allowed to remain 4.11 Glass surfaces, which may get wet as a result of cleaning operations, shall be hand -dried immediately after the conclusion of the operation in the immediate area. 4.12 Immediately following the cleaning of the hardscape areas, all materials generated by the operation shall be collected and placed in Contractor's trash containers or otherwise removed from the site. 4.13 All areas barricaded while drying shall be opened by Contractor and made available for use when the area(s) are completely dry. 5. SPECIAL CONSIDERATIONS 5.1 The Plazas of the Sun, Flags and Fountains have tar bubbling through the seams in the pavement. The Contractor shall remove the tar in these two areas and clean up any residue that the tar leaves, leaving the pavement clean and unblemished. 5.2 The North Orange County Courthouse reflection pool has a terrazzo finish. In addition to cleaning this pool one (1) time per week the Contractor shall buff the surface to a lustrous shine one (1) time per month using cleaning and buffing products approved by the Director's Representative. 6. PERSONNEL 6.1 Project Foreman. Unless the Contractor is available as required herein, the Contractor shall provide a Project Foreman to be available during the normal hours of operation to act with full authority for the Contractor. This individual shall be responsible for the supervision, overall administration, and coordination of all required services. The Contractor shall provide the name(s) and telephone number(s) of the Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director in advance of any change of the Project Foreman. The Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. The Project Foreman shall return all calls from the Director's Representative within two hours. 6.2 Alternate Project Foreman. The Contractor shall designate at least one Alternate Project Foreman to act for the Project Foreman with the same authority during absences of the Project Foreman (e.g., vacation and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director's Representative in advance of any change of Alternate Project Foreman. The Alternate Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. 6.3 Other Personnel Requirements 6.3.1 All pavement cleaning crews will have a minimum of two (2) employees per crew. One (1st) using the pavement cleaning equipment and the second (2nd) employee to serve as a spotter to alert the operator of any safety concern that may be approaching or encroaching into the operator's work space. 6.3.2 Legal Residents. The Contractor shall provide only those personnel who are legally entitled to work in the United State to accomplish work and services specified herein. 6.3.3 English Comprehension. All Contractor personnel working on the project shall read and understand the English language to the extent necessary to read and understand operation, safety, health, and security regulations relating to the performance of this Agreement, including the following: 6.3.4 Any necessary instructions concerning equipment to the extent that performing the employee's duties requires the employee to operate, maintain, repair, or in some way interact with the equipment. 6.3.5 Any regulations, directives, or policies that he must know in order to accomplish the work on the project as a Contractor employee. 6.4 Contractor Employee Skills Required. The Contractor's employees performing the services required by this Agreement shall have specialized training, prior work experience, or the demonstrated technical skills to fulfill the specific requirements of these Specifications and the Agreement. 6.5 Employee Physical Capabilities. There shall be no discrimination against employees on the basis of handicap or other physically disabling conditions. Contractor shall obey all State and Federal laws concerning the disabled. 6.6 Standards of Conduct for Contractor Personnel. The Contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and for taking disciplinary action against his employees as necessary. No Contractor employee under the influence of alcohol, drugs, or any other incapacitating agent shall be allowed on the jobsite. The removal from the job site of a Contractor employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the work specified in the contract. 6.7 Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free of wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than company identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be clearly distinguishable from City employee uniforms. 7. DIRECTOR'S AUTHORITY 7.1 The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub -standard, he may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay in assessed; and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 7.2 The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. 7.3 The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection. 8. OTHER REQUIREMENTS 8.1 Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by contractor via e-mail for review/approval by City. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. 8.2 The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include areas to be cleaned, days of the week, times and what person/crewwill be performing specific work in accordance with the specification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. 8.3 Vehicle Passes. The Contractor and Contractor personnel shall obtain vehicle passes from The County of Orange Parking Administrator, Public Facilities & Resources Department. 8.4 Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor Owned Property. Contractor Responsibilities 1. GENERAL 1.1 Definitions: "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. "SAPRF" shall mean Santa Ana Park and Recreation Facilities. "Pavement Cleaning" shall mean the practice of removing foreign materials from paved and/or other hard surfaces. "Infectious materials" shall mean any fluid and/or instrument used to inject or withdraw bodily fluids. "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mowstrips, etc. 1.2 Scheduling of Work -The Contractor shall provide specific pavement cleaning and infectious waste removal/disposal maintenance between the hours of 6:30 a.m. and 3:00 p.m., Monday through Friday. The Contractor shall provide other pavement cleaning maintenance during hours approved by the Director's Representative. The schedule may be modified only with the Director's Representative consent. Maintenance operations that generate excess noise cannot begin before 8:00 a.m. 1.3 The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Services Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be entailed to Director's Representative by Thursday at 4:OOpm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. 1.4 Local Office -The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.5 Outside the Scope of Work - Damage or malfunction to property, including but not limited to, physical property, equipment, and materials, by any of the following may be considered outside the scope of this Agreement: -Acts of God -Civil Disorder -Vehicle Collision (excluding Contractor and its employees and subs) -Excavation or re -surfacing of the street -Power failures -Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of the Director's Representative that one of the above occurred in order to be excused from performing under the Agreement 1.6 Extra Work — Work that is requested from the Director's Representative that is outside of the scope of work shall be considered "extra." Upon request, the Contractor shall submit an Authorization for Extra Work (AEW) proposal (on the City's form) for consideration. Following the Director's review and written approval on the AEW form, shall the Contractor be approved to commence work. The City shall not be liable to pay for work performed by the Contractor without written approval by the Director's Representative. All materials used during the performance of extra work by the Contractor shall be charged to the City at a rate of 10% above the Contractors resale (contractor's price). 2. UNIFORMS AND VEHICLES IDENTIFICATION 2.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3. SAFETY REQUIREMENTS 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 4. SAFETY REQUIREMENTS 4.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 4.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, California MUTCD safety mandates on traffic closure, excavation/trenching/shoring, confined space, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 4.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 4.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan. 5. SAFETY NOTIFICATION 5.1 If Contractor identifies a potential safety issue, Contractor shall: Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. Notify the Director's Representative of the condition first by phone and then in writing (e- mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 6. UNDERGROUND ALERT SYSTEMS 6.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48-hours in advance prior to any excavation work. 7. PROPERTY DAMAGE 7.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 8. ACCESS TO PRIVATE PROPERTY 8.1 Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner 9. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 9.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre -approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). 10. TRAFFIC CONTROL 10.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee permit from the City. Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. 11. MONTHLY REPORTS 11.1 Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: 1) the Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A; 2) certified payroll of employees assigned to the contract areas; 3) organizational chart or equal listing the names, titles, schedules and assignments of all persons working on the project; 4) invoices and packing slips of name, type and quantities of commodities purchased; 5) a detailed description of area deficiencies; and, 6) a record of legal disposal of infectious waste materials. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. 12. WATER CONSERVATION & PROGRAMMING OF CONTROLLERS 12.1 The City shall be responsible for providing water for the Contractor to perform pavement cleaning and infectious waste removaUdisposal services. The Contractor shall be responsible for conserving water when and wherever possible. 13. SPECIFICATIONS INTERPRETATION 13.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations. 14. PROTECTION OF EXISTING FACILITIES AND STRUCTURES 14.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to Civic Center facilities, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana. The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. 14.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 14.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 15. SUBSTITUTIONS 15.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 16. CERTIFICATION & APPLICATION OF MATERIALS 16.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non -satisfactory items at his/her cost. 16.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 17. CONTRACTOR NEGLECT 17.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 18. CONSTRUCTION EQUIPMENT 18.1 The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 19. SOUND CONTROL REQUIREMENTS 19.1 The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 20. INQUIRIES AND COMPLAINTS 20.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director's Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 21. NOTIFICATION OF LOCATIONS OF WORK 21.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire week's work locations. 22. WORK FORCE 22.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 23. MATERIALS 23.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. 23.2 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All chemicals proposed to be used during this agreement shall have the manufacturer's original labels on the containers. Prior to the use of any chemical, the Contractor shall provide the Director's Representative the SDS sheet for their review and written approval. Al chemicals shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall, as specified herein, matching those existing at the work site, or as specified by the Director's Representative. 23.3 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. 24. TRASH DISPOSAL AND RECYCLING 24.1 All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City may allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service. Special Requirements See -ATTACHMENT 4: ADDITIONAL INFORMATION SANTA 1 A CIVIC CENTER R _r E_3 `O {♦ • EL Perimeter Sidewalks 2-person pressure washing crew - 3 days per week Pressure washing truck Cyclone TR5500/210 Tennant M-20 Vacuum/Auto Scrubber Interior Walkways & Plazas 2-person pressure washing crew - Monday - Friday 2-person Bio Clean crew will be use when cleaning Plaza of Flags Pressure Washing truck - 3 days per week Cyclone CY5500 - 2 days per week + 1 extra day if needed Tennant M-20 Vacuum/Auto Scrubber Petroleum Tar Removal (Plaza of Flags & Plaza of Fountains) 2 - person crew - 1 day per week Central Courthouse Terrazzo Cleaning/Buffed 2 - person janitorial crew 1 day per week Police Department & Jail grounds 2 - person pressure washing crew 2 day per month All work can be tracked and documented with our GeoPal tracking software with before and after pictures. STEP 1: Sweeping Crew (1-person team) Tennent Vacuum/Auto Scrubber M-20 City to provide dumpster STEP 2: Pressure Washing (1-person team) Cyclone CY5500 Pressure Washer STEP 3: Biohazard Waste Removal Independent company will be contracted with for pickup and disposal of hazard wastes All work can be tracked and documented with our GeoPal tracking software with before and after pictures. Superior has been providing pressure washing service to the City of Santa Ana for over five years. Over that time, we have adapted to the change in the scope of work and safety requirements. This latest RFP and Scope of Work addresses the encompassing requirements and demands of providing a safe and clean environment. We are confident with the additional staffing, the thousands of people who visit and work in and around the Civic Center will see a dramatic improvement. Our understanding of the unique requirements and our commitment to provide an innovative approach to meet these standards make Superior the right company for the City of Santa Ana. Suggestions or Concerns Suggestions Gum removal should be handled as a Bio Hazard and removed using steam only. Using a pressure washer to remove gum only spreads the possibility of spreading any contamination. Some flexibility in scheduling should be built in for equipment down time; rain days... Concerns The removal of the petroleum tar substance cannot be done with steam or a pressure washer without damaging the underlying surface. Practical Experience protecting surfaces Every dayl EXHIBIT B CONSULTANT PROPOSAL FEE SCHEDULE (OR) RATES AND CHARGES N +• U q d' 0 N ro In U! 0 N [ (O 60) 0 N m O fA 0 (Nv N Kf 0 yO• C r u7 0 O co � � vi 0 +00. o (0 fR 0 O O— N (ry 0 N rn n' (�' o 0 O 47 o}s fR 0 O � ou o *" M � b O co µ� M 0 O N LO CD O�j f4 i a a+ ry a y � a � � � p �❑❑ � +21❑ x OG O y a y S4 F 3 O at rn ti 'C1 Li g 01 a p e ' P. cn s^y� '43' cr O y O y C U a ti a •; a � � O V p 7 4 UA N N I cd y �^ e 1 1 z 3 N Fi °' v ❑ v y T U�] a rn ~R+ w coO a N�yy S y kn o b o o a a 1 q .o C o H •C i4�. b r� Vy � o a P+ vi G :� p0y p y eiy ai p + •po 7 i) a •, b �+ U ¢v� � .ya � Y rn bq 6➢ P, "' m b yN 7 O � N_y p O U U S ^J U O .4 0p w 00 o b W GG- a y y y .iJ �➢ Zsa '� ' a� cli Cl U ¢ w Qi O,yp U 0.y a b A A? (3 U U a b F�0 O U y w � ^y C w y q O O vN�d W VU Ue�q FI U N N ttlp N W W• W ��• mg age p N a) O y wN o UA O¢ O U n rnN Uy P� t U qU w w 0 x - �4 a :;� z o O N u 00 og N sv 0Op v N c Y 8U CO'1 C N vi C r ss � udu O c a A a C Q O � a+ p W d m > u N q N o N V CL v U CL C Q t C w w w 0 0 0 o b �N o N W �b 4 e m o o a a�' u ->o N y N Y .45 }5 •o � .o Ri q c N o �y a °> v 0� v '° 0 o . p.. 0'O q p v v •b a V 3 ,b, W aai .0,0 N Q� w d N m y •V � C y Flo i ypyp ••9- q vCA W •4 wm rpm °' a eo u o �rv1 o?a N Y n0 y❑❑yCe v uY�++ v W° p�E 6h G q 4 ee w N a.b' el 3 �W° 8 o.v o>° g N! 0 o t w o w • v v W a 0 Fi D iq Wq •i o� � .�d� � v U C hi E U 0 /J O co co Q U 12 7 E U c IL N rn ry ¢`m m 0 20220509115452119 Final Audit Report 2022-05-18 Created: 2022-05-18 By: Emerson Frankston (EFrankston@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAb1VEkNDXWLQ1nL J1d6Yx-NJ-bXAhtC8 "20220509115452119" History Document created by Emerson Frankston (EFrankston@santa-ana.org) 2022-05-18 - 3:22:54 PM GMT Cy Document emailed to Lisa Rudloff (Irudloff@santa-ana.org) for signature 2022-05-18 - 3:23:31 PM GMT Email viewed by Lisa Rudloff (Irudloff@santa-ana.org) 2022-05-18 - 3:23:36 PM GMT 6o Document e-signed by Lisa Rudloff (Irudloff@santa-ana.org) Signature Date: 2022-05-18 - 3:41:37 PM GMT - Time Source: server Agreement completed. 2022-05-18 - 3:41:37 PM GMT Q Adobe Acrobat Sign Angie Digitally signed CERTIFICATE OF LIABILITY INSURA CE by �M:n AND CONFERA" CERTIFICATE DOES NOT AFFIRM TIVE YAS AEOR NEGATIVELY AMENDOF INFORMATION ONL, EXTEND OR QT UVC =1QLjFjI'AT"WPff)JJ'1dI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE KiSJING 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 Arthur J. Gallagher & Co. Insurance Brokers of CA Inc. License #0726293 18201 Von Karmen Ave Suite 200 Irvine CA 92612 INSURED Superior Property Services, Inc. 9129 Perkins Street Pico Rivera CA 90660 COVERAGES CERTIFICATE NUMBER: 367710530 REVISION NUMBER: THIS IS 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. ITR TYPEOFINSURANCE Aimsm DOLBwUnj POLICY NUMBER POLICY EFF mwo MhVDD E%P LWRS A X COMMERCIALGENERALLUIBILITY CLAIMS -MADE IX IOCCUft Y Y ACP3049630195 6/2212022 6/2W023 EACH OCCURRENCE $1.000,000 PREMISES Fa pcaerence $100,000 MEOEXP(Arymmpersan) $5,000 PERSONAL S ADV INJURY $1,000,000 AGGREGATE LIMITAPPLIES PER: POLICY � JEST LOC GHJERALAGGREGATE $2,000,000 GEN'L %( PRODUCTS-COMPIOPAGG$2,000.000 $ OTHER: B AUTOMOSILELIABILITY Y Y ACP3049630195 6Y12f2022 6f22/2023 COMBNEOSINGLELIMIT Ea aceldenl $1,000,000 X ANY AUTO BODILY INJURY(P. person) $ 1 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE I'macdtlent $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEB I I RETENTION$ $ A ANDEMPLOYERS'LIABILRY YIN WORKERCOMPENSATION ANYPROPRIETORIPARTNERIEXECum"' ❑ OFFICERIMEMBEREXCLUDEDI MIA Y ACP3049630195 6122f2022 6/2212023 X STATUTE ER EL. EACH ACCIDENT $1,000.000 E.L.DISIEASE-EAEMPLOYEE $1,000,000 (Mandatory In NH) If yes, tlescdba antler E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS belmv DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe crashed R more apace Is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insureds when you have agreed, in a written Contract or written agreement, only With respects to the General Liability, Umbrella and Business Auto as per business liability coverage forms CG 20 33 04 13, CG 20 37 04 13 and CA 8810 01 13. Primary and non-cantdbutory wording is included as per forth CG 20 0104 13. A waiver of subrogation is Included regarding the General Liability as perform CG 24 04 05 09. Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) PO Box 1988 Santa Ana, CA 92701-1988 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD t,. It RinI1A1a11vgonolLDMalpn REVIESA/E06 APPROVm BY: A� Acwu(o Risk Management Specialist Policy No: ACP3029630195 COMMERCIAL GENERAL LIABILITY CG 72 88 12 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: If a customer's master or grand key, excluding electronic key card, is lost, damaged or stolen while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. 2. Limit of Insurance — For the purpose of this coverage, the most we will pay is $10,000 per "occurrence". B. Voluntary Property Damage 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: At your request, we will pay for "property damage" to property of others caused by you and while in your possession, arising out of your business operations and occurring during the policy period. 2. Limit of Insurance — For the purpose of this coverage the most we will pay is $1,500 per "occurrence". C. Non -Owned Watercraft Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions Exclusion g. Aircraft, Auto Or Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and C. Non -Owned Watercraft Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions Exclusion g. Aircraft, Auto Or Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and D. Expanded Property Damage Coverage 1. For the purposes of this endorsement only: Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions, Exclusion j. Damage To Property is amended as follows: a. Paragraphs (3), (5), and (6) are deleted in their entirety. b. Paragraph (4) Is deleted in its entirety and replaced with: (4) Personal property in the care custody, or control of the insured: (a) For storage or sale at premises you own, rent or occupy; or (b) While being transported by any aircraft, "auto", or watercraft owned or operated by or rented to or loaned to any insured. c. The coverage provided by this endorsement does not apply to "property damage": (1) Arising out of the disappearance or loss of use of personal property; or (2) Included in the "products -completed operations hazard". CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 t ' ® Risk Mwrgen,mt Division RwEWEDnAwaov®ar: A+fr Auuuta Rnk Management Specialist Policy No: ACP3029630195 CG 72 88 12 16 2. Limit of Insurance - The most we will pay F. Supplementary Payments for loss arising out of any one "occurrence" Under Section I — Coverages, Supplementary is $5,000. Payments — Coverages A and B Paragraphs 3. Deductible - Our obligation to pay for a 1.b. and 1.d. are replaced with: covered loss applies only to the amount of b. Up to $2,500 for cost of bail bonds required loss in excess of $250. because of accidents or traffic law violations We will pay the deductible amount to effect arising out of the use of any vehicle to which settlement of any claim or "suit" and upon the Bodily Injury Liability Coverage applies. notification having been taken you shall We do not have to furnish these bonds. promptly reimburse us for the deductible as d. All reasonable expenses incurred by the has been paid by us. insured at our request to assist us In the This insurance Is primary to any expanded investigation or defense of the claim or damage coverage provided by a separate "suit", including actual loss of earnings up to endorsement attached to this policy, and it $500 a day because of time off from work. will supplant any deductible in said G. Newly Formed And Acquired Organizations endorsement. Under Section It — Who Is An Insured E. Damage To Premises Rented To You Paragraph 3.a. is replaced with: 1. Under Section I — Coverages, Coverage A a. Coverage under this provision is afforded Bodily Injury And Property Damage only until the 1801" day after you acquire or Liability, the last paragraph of 2. form the organization or the end of the policy Exclusions is replaced with: period, whichever is earlier; If Damage To Premises Rented To You is H. Additional Insured — Automatic Status When not otherwise excluded, Exclusions c. Required In An Agreement Or Contract With through n. do not apply to damage by fire, You lightning, explosion, smoke, or sprinkler Section II — Who Is An Insured is amended to leakage to premises while rented to you or include: temporarily occupied by you with permission of the owner. A separate limit of insurance 4. Any person(s) or organization(s) described applies to this coverage as described in in Paragraphs a. — d. below with whom you Section III— Limits Of Insurance. have agreed in writing in a contract or 2. Under Section Ili — Limits Of Insurance, written agreement that such person or Paragraph 6, is replaced with: organization be added as an additional insured on your policy during the policy 6. Subto 5. above, the Damage To 1 9 period shown in the Declarations. Premises Rented To You Limit is the The person or organization added as an most we will pay under Coverage A for "property insured by this endorsement is an insured damages because of damage" only for liability due to: to any one premises, while rented to you, or in the case of damage by fire, a. Lessors of Leased Equipment with lightning, explosion, smoke or sprinkler respect to their liability for "bodily injury', leakage, while rented to you or "property damage", or "personal and temporarily occupied by you with advertising injury", caused in whole or in permission of the owner. The limit is part by your maintenance, operation or increased to $1,000,000. use of equipment leased to you by such 3. Under Section IV — Commercial General person(s) or organization(s). This Liability Conditions, Condition 4. Other insurance does not apply to any "occurrence' Insurance, b. Excess Insurance (1) (a) (if) which takes place after the is replaced with: lease expires. (if) That is Fire, Lightning, Explosion, However, their status as additional Smoke, or Sprinkler leakage insured under this policy ends when insurance for premises rented to their lease, contract, or agreement with you or temporarily occupied by you you for such leased equipment expires. with permission of the owner. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 72 88 12 16 ltiek Mnugement Diuieian REVIEiEDnAPPRw®Br. �a A+� Au�wta •. ® Risk Manzgement Spedaist Policy No: ACP3029630195 CG 72 88 12 16 b. Managers or Lessors of Premises d. Owners, Lessees, or Contractors with with respect to liability arising out of the respect to liability for "bodily injury", ownership, maintenance, or use of that "property damage", or "personal and part of the premises you own, rent, advertising injury" caused, in whole or in lease, or occupy. part, by: This insurance does not apply to: (1) Your acts or omissions; or (1) Any "occurrence" which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; that premises. in the performance of your ongoing (2) Structural alterations, new con- operations performed for that struction or demolition operations additional insured, whether the work performed by or on behalf of the is performed by you or on your person or organization. behalf. However, their status as additional The insurance does not apply to: insured under this policy ends when you (1) "Bodily injury", "property damage", cremises. ease to be a tenant of such p or "personal and advertising injury" c. State or Political Subdivision — arising out of the rendering of or the Permits Relating to Premises with failure to render any professional respect to the following hazards for architectural, engineering, or survey which the slate or political subdivision services, including: has issued a permit or authorization in (a) The preparing, approving, or connection with premises you own, rent failing to prepare or approve or control and to which this insurance maps, shop drawings, opinions, applies: reports, survey, field orders, (1) The existence, maintenance, repair, change orders, or drawings and construction, erection, or removal of specifications: or advertising signs, awnings, (b) Supervisory, inspection, archi- canopies, cellar entrances, coal tectural, or engineering activ- holes, driveways, manholes, ities. marquees, hoist away openings, sidewalk vaults, street banners, or (2) "Bodily injury" or "property damage" decorations and similar exposures; occurring after: or (a) All work, including materials, (2) The construction, erection, or parts, or equipment furnished in connection with such work, on removal of elevators; or the project (other than service, The ownership, maintenance, or use of maintenance or repairs) to be any elevators covered by this insurance. performed by or on behalf of the This insurance does not apply to: additional insured(s) at the 1 "Bodilyinjury" or "property dama a () j y location of the covered i9 or "personal or advertising injury" operations has been completed; arising out of operations performed or for the state or municipality; or (b) That portion of "your work" out (2) "Bodily injury" or "property damage" of which the injury or damagearises has been to its included within the "products- put intended use by any person or completed operations hazard". organization other than another However, such state or political contractor or subcontractor subdivision's status as additional engaged in performing insured under this policy ends when the operations for a principal as a permit ends. part of the same project. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Pane 3 of 5 RAManaganertDiWelcn •4'lN" NEVIEWED&APPRDvmaY: '. t% Risk Management SpeaAist Policy No: ACP3029630195 CG 72 88 1216 However, a person or organization's status as additional insured under this policy ends when your operations for that additional insured are completed. K. With respect to the insurance afforded to such additional insureds a. — d. described above the following is added to the 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. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. L. However, the insurance afforded to such additional insureds a. — d. described above: i. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide such additional insured. Aggregate Limit Per Project Under Section III — Limits Of Insurance The following paragraph is added to Paragraph 2: The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. J. Medical Payments Under Section III — Limits Of Insurance, Paragraph 7. is replaced with: 7. Subject to 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. This coverage does not apply if Coverage C — Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. Knowledge Of An Occurrence Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer, or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim, or suit from the agent or employee. I. The requirements in Paragraph b. will not be considered breached unless there is knowledge of occurrence as outlined in Paragraph e.above. Unintentional Failure To Disclose Hazard Under Section IV — Commercial General Liability Conditions, Condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. M. Waiver Of Subrogation Under Section IV — Commercial General Liability Conditions, B. Transfer Of Rights Of Recovery Against Others To Us the following paragraph is added: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. CG72881216 i RlAManagemmtDWlun REVIEWED&APPROVED BY. �. A.-P Auuaio ® Risk Management Specialist Policy NO: ACP3029630195 N. Liberalization Under Section IV — Commercial General Liability Conditions, the following condition is added: 10. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. CG 72 88 12 16 O. Broadened Bodily Injury Definition (Mental Anguish) Under Section V — Definitions Definition 3. "Bodily Injury" is replaced with: 3. 'Bodily injury' means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish, mental injury, shock, or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. REVIEWEo S APPROV®BY: A- f, AZ: Risk Management Specialist Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BUSINESS AUTO PROTECTION - GOLD This endorsement modifies insurance provided under the following: BUSINESS --- --- Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as Insureds — Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments — Bail Bonds F. Supplementary Payments — Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee — Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos — Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts — Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense — Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission N ��M°"� g 101t�B A-g�e Aav44 ��' Risk Management Specialist OF Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 0316 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEW`— �e .aso oR ",a Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest: if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 180" day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS The following is added to paragraph A.I. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. Dee.r.o s ae eo�r PERMIT OR AGREEMENT The following is added to A.I. Who Is An In- sured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury" or "property damage" occurrence is an "Insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.I. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS — BAIL BONDS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS — LOSS OF EARNINGS Supplementary Payments of the SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. G--------------- --- -- ----- The. Care, Custody or Control Exclusion of SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to "property damage" to property, other than your property, up to an amount not exceed- ing $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay up to $500 for your property that Is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission g, ttekum '' ` REVIEWED&Appa may: A+s,u Aaw44- R Risk Management Spea*it Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 0316 H — ""----- —-------------^e= substitute for a covered "auto" you own that r"e following paragraph is added to SECTION II is out of service because of Its: — COVERED AUTOS LIABILITY COVERAGE, a. Breakdown; 2. Coverage Extensions, a. Supplementary b. Repair; Payments: c. Servicing; (7) Prejudgment interest awarded against the d. "Loss"; or "insured" on that part of the judgment we pay. If we make an offer to pay the appll- e. Destruction cable limit of insurance, we will not pay The coverage that applies is the same as any prejudgment Interest based on that the coverage provided for the vehicle being period of time after the offer. replaced. I. FELLOW EMPLOYEE — OFFICERS, MANAGERS, AND SUPERVISORS L. EXPANDED TOWING COVERAGE The Fellow Employee Exclusion in SECTION II 1. We will pay up to: — COVERED AUTOS LIABILITY COVERAGE is a. you own of fora covered "auto"or replaced as follows; the p the private passenger type, A. "Bodily injury' to any fellow "employee" of b . for a covered "auto" you own that the "insured" arising out of and in the course is no is not of the private passenger type, of the fellow "employee's" employment or while performing duties related to the con- for towing and labor costs incurred each duct of your business. This exclusion does time the covered "auto" is disabled. Howev- not apply to an "insured" who occupies a er, the labor must be performed at the place position as an officer, manager, or supervi- of disablement. sor. 2. This coverage applies only for an "auto" J. covered on this policy for Comprehensive or " covered "auto" designation symbols 1 or 8 ap- Specified Causes of Loss Coverage and ply to Liability Coverage and if at least one "au_ Collision Coverages. Id' you own is covered by this policy for Com- 3. Payment applies in addition to the otherwise prehensive, Specified Causes of Loss, or Colli- applicable amount of each coverage you sion coverages, then the Physical Damage have on a covered "auto". coverages provided are extended to "autos" you M. AUTO LOAN OR LEASE COVERAGE lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a covered provisions in the Business Auto Coverage Form "auto", we will pay any unpaid amount due applicable to Hired Auto Physical Damage apply on the loan or lease, including up to a max - up to a limit of $100,000. The deductible will be imum of $500 for early termination fees or equal to the largest deductible applicable to any penalties, for your covered "auto" less: owned "auto" for that coverage. Any Compre- a. The amount paid under SECTION III — hensive deductible does not apply to fire or PHYSICAL DAMAGE COVERAGE of lightning. this policy; and K. TEMPORARY SUBSTITUTE AUTOS — b. Any: PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain 1) Overdue lease/loan payments at the "loss"; Trailers, Mobile Equipment And Temporary time of the Substitute Autos of SECTION I - COVERED 2) Financial penalties imposed under a AUTOS: lease for excessive use, abnormal If Physical Damage Coverage is provided by wear and tear or high mileage; this Coverage Form, the following types of 3) Security deposits not refunded by a vehicles are also covered "autos" for Physi- lessor; cal Damage Coverage: 4) Costs of extended warranties, Credit Any "auto" you do not own while used with Life insurance, Health, Accident, or the permission of its owner as a temporary Disability insurance purchased with the lease; and AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Risk Maragemad Dlvlalmt t` REvIMM&APPR EDBY: ® Risk Management Specialist Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 03 16 5) Carry-over balances from previous No deductible applies to glass if the glass is re- leases, paired, in a manner acceptable to us, rather than 2. This coverage only applies to a "loss" which replaced. Is also covered under this policy for Com- P.--- — — ------------------ prehensive, Specified Causes of Loss, or This coverage applies only to a covered "au - Collision coverage. to" for which Physical Damage Coverage is 3. Coverage does not apply to any unpaid provided on this policy. amount due on a loan for which the covered "auto' 2, We will pay for rental reimbursement ex - is not the sole collateral. penses incurred by you for the rental of an N. o�.o.�..� Qe�.'M��r M^��'��r.,R�� "auto" because of "loss" to a covered "auto". ----- — =A"— ------- P—e"""" r Payment applies in addition to the otherwise oe' applicable amount of each coverage you "rider Paragraph C. Limit of Insurance of have on a covered "auto." No deductibles SECTION III — PHYSICAL DAMAGE apply to this coverage. COVERAGE, Section 4 is added as follows: 3. We will pay only for those expenses incurred 4. We will use new original equipment vehicle during the policy period beginning 24 hours manufacturer parts for any private passen- after the "loss" and ending, regardless of the ger type covered "auto" where required by policy's expiration, with the lesser of the the lease agreement which has a term of at following number of days: least six months. If a new original equip- a. The number of days reasonably ment vehicle manufacturer part is not in pro- required to repair or replace the covered duction or distribution we may use a like, "auto". If "loss" is caused by theft, this kind and quality replacement part. number of days is added to the number O. DEDUCTIBLE AMENDMENTS of days it takes to locate the covered The following are added to the Deductible provi- "auto" and return it to you. sion of SECTION III — PHYSICAL DAMAGE b. The number of days shown in the COVERAGE: Schedule. If another policy or coverage form that is not an 4. Our payment is limited to the lesser of the automobile policy or coverage form issued by following amounts: this company applies to the same "accident", the a. Necessary and actual expenses following applies: incurred. 1. If the deductible under this coverage is the b. $75 for any one day or for a maximum smaller (or smallest) deductible, it will be of 30 days. waived: 5. This coverage does not apply while there 2. If the deductible under this coverage is not are spare or reserve "autos" available to you the smaller (or smallest) deductible, it will be for your operations. reduced by the amount of the smaller (or 6. If "loss" results from the total theft of a cov- smallest) deductible. ered "auto" of the private passenger type, If a Comprehensive or Specified Causes of Loss we will pay under this coverage only that Coverage "loss" from one "accident" involves amount of your rental reimbursement ex - two or more covered "autos", only the highest penses which is not already provided for un- deductible applicable to those coverages will be der SECTION III — PHYSICAL DAMAGE applied to the "accident," if the cause of the loss COVERAGE Coverage Extension. is covered for those vehicles. This provision only Q --------- —.----------I--------- applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, aragraph A.4.a. of SECTION III —PHYSICAL and does not extend coverage to any covered DAMAGE COVERAGE is replaced b the follow - p y "autos" for which you do not carry such ing: coverage. We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc tom with its permission. �. +� aE%AEWED&APPrmvm BY: �� Rnk Management SpeoAw Policy No: ACP3029630195 COMMERCIAL AUTO covered "auto" of the private passenger type. AC 70 05 03 16 ment manufacturer or other sources in - We will only pay for those covered "autos" for cluding non -original equipment manu- which you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for tem- b. If a repair or replacement results in bet- porary transportation expenses incurred during the period beginning 24 hours after the theft and ter than like kind or quality, we will not ending, regardless of the policy's expiration, pay for the amount of the net improve - when the covered "auto" is returned to use or we ment. pay for its "loss". 5. If we offer to pay the actual cash value of R. EXTRA EXPENSE — STOLEN AUTOS the damaged or stolen property, we will The following paragraph is added to Coverage value auto advertising wraps, paint cuslomi- zation, and similar business related advertis- Extenslons of SECTION III — PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE: cash value of the property. Auto advertising c. We will pay for up to $5,000 for the expense wraps, paint customization, and similar of returning a stolen covered "auto" to you, business related advertising modifications We will pay only for those covered "autos" will be valued at the cost to replace them for which you carry Comprehensive or Spec- with an adjustment made for depreciation ified Causes of Loss Coverage and physical condition. S " 1— —'--------- T. NEW VEHICLE REPLACEMENT COST rider SECTION III — PHYSICAL DAMAGE The following is added to the Limit of Insurance COVERAGE, Paragraph C., Limit of Insurance provision of SECTION III — PHYSICAL is replaced by the following: DAMAGE COVERAGE: C. Limit Of Insurance 5. The provisions of paragraphs 1. and 3. do 1. The most we will pay for "loss" in any one not apply to a covered "auto" of the private "accident" is the lesser of: passenger type or a vehicle with a gross a. The actual cash value of the damaged vehicle weight rating of 20,000 pounds or "new property as of the time of the less which is a vehicle." ""lloss", o� In the event of a total "loss" to your new ve- b. The cost of repairing or replacing the hicle to which this coverage applies, we will damaged or stolen property. pay at your option: 2. $1500 is the most we will pay for "loss" in a. The verifiable "new vehicle" purchase any one "accident" to all electronic equip- price you paid for your damaged vehi- ment that reproduces, receives or transmits cle, not including any insurance or war- audio, visual or data signals which, at the ranties purchased; time of "loss", is: b. If it is available, the purchase rice, as P P a. Permanently installed in or upon the negotiated by us, of a "new vehicle" of covered "auto" in a housing, opening or the same make, model, and equipment or the most similar model available, not other location that is not normally used "auto" including any furnishings, parts, or by the manufacturer for the in- stallation of such equipment. equipment not installed by the manufac- turer or manufacturers' dealership; or . b. Removable from a permanently installed C. The market value of your damaged ve- housing unit as described in Paragraph hicle, not including any furnishings, 2.a. above or is an integral part of that parts, or equipment not installed by the equipment; or manufacturer or manufacturer's dealer- c. An integral part of such equipment. ship. 3. An adjustment for depreciation and physical We will not pay for initiation or set up costs condition will be made in determining actual associated with loans or leases cash value in the event of a total "loss". As used in this endorsement, a "new 4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are a. Be based on an estimate which includes the original owner that has not been previ- parts furnished by the original equip - AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., with its permission xvk �ig�eo " a o � Reneximfi APPRW®av: - Risk Management Specialist Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 0316 ously titled and which you purchased less than 365 days before the date of the "loss". U. e,.---- -nder SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses If caused by: (1) Other than collision if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto" or (3) Collision only if the Declarations Indicate that Collision Coverage is provided for any covered "auto." However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. Vr �aoeR vo R.a re eF ®ao "e following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident" be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph A is amended as follows: 6 Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR— COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Conditions is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your covered "auto' and you are unable to enter such "auto' , or 2. Your keyless entry device battery dies and you are unable to enter such "auto" as a re- sult, 3. Your key, electronic key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc with its permission. AP 7n nS nx io Ride MatagemadDMsEan �Ie REAEWID6APPRov®aY: A4 f, A,wrd� `®' Rnk Management 5peaAw Policy No: ACP3029630195 4, Original copies of receipts for services of a locksmith must be provided before reim- bursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCELLATION applies except as follows: COMMERCIAL AUTO AC 70 05 0316 If we cancel for any reason other than non- payment of premium, we will mail or deliver to the First Named Insured written notice of cancellation at least 60 days before the ef- fective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancella- tion. AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission �} Q REVIEWED & AraRw®O a�r ®. A4 + fe Am RBk Management SpedXirt POLICY NUMBER: ACP3029630195 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 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 II — 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 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are 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. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All terms and conditions apply unless modified by this endorsement. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 KukMnsgemartDNWon ' REVIEwm 6 APmmm ft - Risk Management Speaalu[ , Policy No: ACP3029630195 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 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. CG 20 01 0413 © Insurance Services Office, Inc., 2012 RieleMnugemmtDtvWmr =Is RtviEwm&APPRO Y A+� Auc4lo M RiskMan 'z ca SUPERIOR June 29, 2022 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Superior Property Services, Inc Superior Graffiti Solutions Re: Professional Liability Insurance Requirement. Dear City of Santa Ana Risk Management Division: Superior Property Services, Inc. has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, Superior Property Services, Inc. attests that I am not a licensed professional and will not employ a licensed professional during the course of my contract with the City of Santa Ana By signing below, I, attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that Superior Property Services, Inc. is not adhering to any/all statements in this document, the contract will be considered null and void and the company will be held fully liable for any and all damages. i�N ancy Hern� Vice President of Operations Superior Property Services, Inc. DMsIm 9129 Perkins St., Pico Rivera CA 90660-4512 x VMBr , Ig _ Rfi+neNEo&APPRCN®6Y: 562-801-9200 •714-285-1200 • FAX 562-801-9230 • www.4supc ' , A4•guAcwela _�. - Risk Management Spedalis[ `.