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UNITED SITE SERVICES, INC.
INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 12-`�\ 22 CLERK OF COUNCIL DATE: A-2022-078-02 AGREEMENT TO PROVIDE ON -CALL CHAIN LINK FENCING SERVICES FOR THE CITY OF SANTA ANA N THIS AGREEMENT is made and entered into on this 17th day of May, 2022 by and between United `c Site Services Inc., a Delaware corporation ("Contractor"), and the City of Santa Ana, a charter city v and municipal corporation organized and existing under the Constitution and laws of the State of p California ("City"). Q RECITALS A. On October 14, 2021, the City issued Request for Proposals No. 21-123, by which it sough qualified contractors to provide on -call chain link fence furnishing and installation at various sites citywide on an as needed basis. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-123 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 On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-123, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide right of way specialty services on an on -call basis under RFP 21-123. The total compensation for these services provided by all such contractors selected under RFP 21-123 shall not exceed the shared aggregate amount of Three Hundred Thousand Dollars and Zero Cents ($300,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not Page I of 9 be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on May 16, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two (2) one-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 7. 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 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. 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. 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 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 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 01 04 13 as respects the City, its officers, officials, employees, and Page 3 of 9 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 the Contractor 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 ANII, unless otherwise acceptable to the City. 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 prior to 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. 8. 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. Page 4 of 9 9. 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 terns 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. Page 5 of 9 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, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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, Page 6 of 9 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. Page 7 of 9 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. 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 snail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 To Contractor: Jeff Dunlop, Vice President United Site Services, Inc. 4511 Rowland Avenue El Monte, CA 91731 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 Page 8 of 9 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. cif Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 1311aron Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: I ' KJ 4 g Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA �'0 Kristine Ridge City Manager CONTRACTOR: wq Sean Michael McDowell Jeff Dunlop Vice President Page 9 of 9 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CHAIN LINK FENCING SERVICES RFP NO.21-123 The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Chain Link contractor(s) to provide chain link fence installation and rental services for the City of Santa Ana on an on-call/as-needed basis. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. The total amount to be expended under this contract shall be shared among all contractors providing these services. The term of these contracts shall be for three years with two one year renewal options upon mutual agreement. All pricing shall remain firm during the initial one-year term. C9[619 BE$] OM DI AN [9I &1 The Contractor is required to provide a twenty-four (24) hour response time for all fence requests. Twenty-four hour response means fencing shall be in place within twenty-four hours from the time a request is made Monday through Friday. Most requests will not require a twenty-four hour response, however the contractor is required to provide this service upon request at no additional charge. Selection of a contractor to perform each task order shall consider past work completion performance. All fencing shall include "City Owned Property — Do Not Trespass" signage to allow for enforcement on the site. PRICING Pricing for lump sum and time and material charges. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, hardware, screws, bolts, welding material, paint, wires, disposal of materials, traffic control, assembly materials and travel for installation and removal. Orders shall be placed by authorized City personnel only for locations within the City of Santa Ana. City of Santa Ana RFP 21-123 Page Al-1 FEE PROPOSAL Contractor shall submit a fee proposal as described below in a sealed fee envelope. This fee proposal shall be based on ON -CALL CHAIN LINK FENCING SERVICES. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City. City of Santa Ana RFP 21-123 Page Al-2 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CHAIN LINK FENCING SERVICES RFP NO.21-123 FEE PROPOSAL Category 1 Standard 6ft chain link: short-term, month -to month, one move-in/move-out 1. Chain Link Fence: includes mesh, line posts, & rails LF $ 2. Swinging Gate: 4 ft Single including gate posts EA $ 3. Swinging Gate: 12 — 15 ft Single including gate posts EA $ 4. Swinging Gate: 24 — 30 ft Double including gate EA $ 5. Wheels SET $ 6. Privacy Screen (6ft height) LF $ 7. Boring for setting fence posts (if additional charge) EA $ 8. Discount for long term (percentage) (intervals) Category 2 Damaged Material Replacement Fees 1. Chain Link Fence: Mesh only LF $ 2. Top Rail EA $ 3. Privacy Screen (6ft height) LF $ 4. Line Post (1-5/8") EA $ 5. Gate Post (2-3/8") EA $ 6. Swinging Gate: 4 ft Single EA $ 7. Swinging Gate: 12 — 15 ft Single EA $ 8. Swinging Gate: 24 — 30 ft Double EA $ Category 3 Emergency Fencing Requests Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing. City of Santa Ana RFP 21-123 Page Al-3 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CHAIN LINK FENCING SERVICES RFP NO.21-123 FEE PROPOSAL (CONT'D.) TOTALS Category I total Category total Category 3 total GRAND TOTAL I certify that I have read, understand and agree to the terms and conditions of this REP. LEGAL NAME OF COMPANY BUSINESS ADDRESS AUTHORIZED SIGNATURE NAME (PRINT) EMAIL ADDRESS PHONE NUMBER City of Santa Ana RFP 21-123 Page Al-4 EXHIBIT B United - SITE SERVICES st 1.800-TOILETS J UnitedSiteServices.com City of Santa Ana, CA On -Call Chain Link Fencing — Various Sites RFP# 21-123 Cover Letter Enclosed is United Site Services of California, Inc's bid response for RFP# 21-123. .9 Vice President 11/04/2021 Authorized Signature Title Date 9-A A Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any imdisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refiain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, firrther, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization; bid depository, or to any member or agent thereof to effectuate a collusive or sham bird. Note: The above Non -collusion Affidavit is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned tlAmaking a false certification may subject the certifier to criminal prosecution. Signed State of Calicti9rnia-- Massachusetts Counryof Worcester Subscribed and sworn to (or affirmed) before me on this 3rd day of November 202_I by y- D,, INI} cp proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature SHARON L. WILDER Notary Pu 'S CCMMCNWIN%H OF MASSACHr,:WS U$ My Commission Expires July G, 2023 Notary Public Seal City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated fiords have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the malting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification. is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm United Site Services of California, Inc. Signed and Printed Name: Je f f Title Vice President. Date 11/03/2021 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or teimination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Iris/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page AM by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: W r/ Title: Vice President: Firm; United Site Services of California, Inc. Date: 11/03/21 City of Santa Ana RFP Page A3-4 ADDENDUM No. ONE RFP 21-123 MAYOR Vicente Sarmlento MAYOR PRO TEM David Panaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Wide Mendoza Thal Viet Phan November 2, 2021 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza, M-36 • P.O. Box 1968 Santa Ana, California 92702 www sanla-ana.om ADDENDUM No. ONE SUBJECT: RFP NO.21-123: ON -CALL CHAIN LINK FENCING SERVICES The following changes/clarifications have been made to the submittal requirements of the subject RFP: Modify Items: 1. PROPOSAL DUE DATE: EXTENTION OF TIME CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than Monday, November 08, 2021 at 2:00 PM, The Online Q&A timeframe in PlanetBids was extended accordingly. 2. UPDATED FEE PROPOSAL FORMS Attachment 1 Scope of Work on Page Al-3 thru A14: Replace with the attached pages Al-3 thra A14. The fee proposal forms will be updated in the RFP and re -uploaded into the PB system. RESPONSE TO QUESTIONS ASKED: 1. Category 1 requests 6' chain link fence — then says sliding/rolling gate. Please confirm items 1-3 are for slide gates only? a. Revised bid sheet included in Addendum 1. 2. Category 2, item #1 privacy panels. Are these panels to include privacy screen? Do they need to be individually wrapped? a. Revised bid sheet included in Addendum 1. Privacy screen is by linear foot and is not individually wrapped. 3. Category 3 request damage and replacement costs for items that are not on the bid, (items 1, 2, 4, 7, 8 & 9), Will all fence for this bid be free standing panel fence with screen on t-stands? If so, should we add sand bags? Will any in -ground 6' chain link fence be requested? a. Revised bid sheet included in Addendum 1. Pricing is for in -ground 6' chain link only. ADDENDUM No. ONE RFP 21 �123 RFP NO. 21-123: ON -CALL CHAIN LINK FENCINO ADDENDUM ONE Page 2 This addendum includes four pages. ALL OTHER ITEMS REMAIN FOR THE CITY OF SANTA ANA Edwin "William" Galvez, P,E. City Engineer (Wited SITE SERVICES 1-800-TOILETS / UnitedSlteServices.com City of Santa Ana, CA On -Call Chain Link Fencing —Various Sites RFP# 21.123 Concerns/Exceptions: 1. Please note pricing provided on price sheet doesn't include prevailing wage. All costs MUST add $63.13 per man hour, with 2 technicians per delivery, on all work, including installs, moves, pick ups, etc. 2. Page 12 — "Alifencing shall include "City Owned Property— Do Not Trespass"signage to allow for enforcement on the site." USS cannot accommodate this request. 3. Page 12 —"The term of these contracts shall be for three years with two one year renewal options upon mutual agreement. All pricing shall remain firm during the initial one-year term." 1. USS can hold pricing firm for the first year. Following years will be subject to a price Increase. 4. Page 17 —"The Contractor is required to provide a twenty-four (24) hour response time for ail fence requests. Twenty-four hour response means fencing shall be in place within twenty-four hours from the time a request is made Monday through Friday. Most requests will not require a twenty-four hour response, however the contractor is required to provide this service upon request at no additional charge." i. USS can accommodate a 24 hour response time for up to 700' of 6' fence (please note emergency fee will apply). If the footage of fence needed is more than that it will require additional time as additional trucks would be required, 5. Page 17 —"Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, hardware, screws, bolts, welding material, paint, wires, disposal of materials, traffic control, assembly materials and travel for Installation and removal." 1. USS doesn't provide welding material, paint, wires, or traffic control, Now �Un ted (United' SITE SERVICES 1-800-TOILETS 7 UnitedSite5ervices.com City of Santa Ana, CA On -Call Chain Link Fencing — Various Sites RFP# 21-123 Company Overview: United Site Services is the nation's leader in temporary site services including portable toilet rentals and services, luxury restroom trailers, shower trailers, office trailer systems, temporary fence rental services, temporary power, and other services including Roll Off Dumpsters, Storage Containers, Septic hauling etc. Our operating footprint is made up of 2,700+ associates across 4 operating regions, covering 30 states and 49 major MSAs. USS is unique and stands apart from the competition because we cover the largest footprint compared to any other site services company. We have an unmatched fleet, dedicated account managers, provide a one call resolution, and have a 24/7 customer service team. All USS employees go through pre -employment background checks, drug and alcohol screen and E-Verify to certify they are legally able to work in the United States. All service employees are issued OSHA approved Personal Protection Equipment and trained in its proper use, emphasizing our commitment to safety. The company is accountable; we deliver on our commitments. We develop positive and professional relationships with all our customers. We make sure to understand what pain points the customer has had In the past to make sure those don't happen and what values are most important to them. Our technicians are constantly learning and training with the weekly safety meetings the company holds. We set the industry standard. The closest competitor is 1/10`h our size. Our trucks have GPS trackers and our technicians have hand held electronics that track every stop and service from the exact GPS coordinates dawn to the exact minute. The hand helds can also record pictures and notes from technicians in case necessary. Our operations team and account managers work very closely and can always relay any messages to the customer if something comes up at a del ivery/! nstall/pickup/service. Key Personnel: Project/Account Manager: Shelley Cheney Shelley.chenev@unitedsiteservices.com 626-818-6825 Shelley has 22 years of experience in the temporary site services/sanitation industry. Shelley has complete product knowledge, including truck load and tank sizes, and their capabilities and time frames needed to complete a task. In addition to having Shelley as the Account Manager, our company provides a 24/7 customer service team. Understanding of Need: USS understands the requirements and will make sure they are fulfilled. Shelley, the dedicated account manager, will work closely with our operations team to make sure they receive the tickets from the orders placed. The orders will be keyed In with the contract rate and proper service schedule needed. USS also provides a 24/7 customer service phone line to call Into, There will be a team working together to ensure all rentals/installs/pickups/services are being completed and running smoothly, ensuring 7.00% customer satisfaction for the City of Santa Ana. (United (United' SITE SERVICES 1.800-TOILETS / UnitedSlteServlces,com Project Experience and References: City of Corona Maintenance, several jobs in the past 5 years, Moses Cortez, 951-830-0906 Moses CortezPCoronaCA.go City of Los Angeles, several jobs in the past 5 years. Larry Lopez, 562-360-8995.larry.Iopez@lacity.org City of Anaheim, several jobs in the past 5 years. Phil Yuhas, 714-765-5237 pvuhasC@anaheim.net City of Santa Ana Parks, several jobs in the past 5 years. Ali Borujerdi, 714-720-2460 City of Santa Monica, several jobs in the past 5 years. Chris Oliver, 310-925-9943 christophe r.oliver@smsov.net EXHIBIT C RFP NO.21-123 ON -CALL CHAIN LINK FENCING SERVICES FEE PROPOSAL — YEAR 1 Category 1 Standard 6ft chain link: short-term, month -to month, one move-in/move-out 1. Chain Link Fence: includes mesh, line posts, & rails LF $ 2. Swinging Gate: 4 ft Single including gate posts EA $ 3. Swinging Gate: 12 — 15 ft Single including gate posts EA $ 4. Swinging Gate: 24 — 30 ft Double including gate EA $ 5. Wheels SET $ 6. Privacy Screen (6ft height) LF $ 7. Boring for setting fence posts (if additional charge) EA $ 8. Discount for long term (percentage) (intervals) Category 2 Damaged Material Replacement Fees 1. Chain Link Fence: Mesh only LF $ 2. Top Rail EA $ 3. Privacy Screen (6ft height) LF $ 4. Line Post (1-5/8") EA $ 5. Gate Post (2-3/8") EA $ 6. Swinging Gate: 4 ft Single EA $ 7. Swinging Gate: 12 — 15 ft Single EA $ 8. Swinging Gate: 24 — 30 ft Double EA $ Category 3 Emergency Fencing Requests Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing. City of Santa Ana RFP 21-123 RFP NO.21-123 ON -CALL CHAIN LINK FENCING SERVICES FEE PROPOSAL — YEAR 1(CONT'D.) TOTALS Category I total Category 2 total Category 3 total 01 0 I certify that I have read, understand and agree to the terms and conditions of this RFP. LEGAL NAME OF COMPANY BUSINESS ADDRESS n rr:19HAVAN EMAIL ADDRESS PHONE NUMBER City of Santa Ana RFP 21-123 RFP NO.21-123 ON -CALL CHAIN LINK FENCING SERVICES FEE PROPOSAL — YEAR 2 Category 1 Standard 6ft chain link: short-term, month -to month, one move-in/move-out 1. Chain Link Fence: includes mesh, line posts, & rails 2. Swinging Gate: 4 ft Single including gate posts 3. Swinging Gate: 12 — 15 ft Single including gate posts 4. Swinging Gate: 24 — 30 ft Double including gate 5. Wheels 6. Privacy Screen (6ft height) 7. Boring for setting fence posts (if additional charge) 8. Discount for long term (percentage) LF EA EA EA SET LF EA (intervals) $ $ $ $ $ $ $ Category 2 Damaged Material Replacement Fees 1. Chain Link Fence: Mesh only LF $ 2. Top Rail EA $ 3. Privacy Screen (6ft height) LF $ 4. Line Post (1-5/8") EA $ 5. Gate Post (2-3/8") EA $ 6. Swinging Gate: 4 ft Single EA $ 7. Swinging Gate: 12 — 15 ft Single EA $ 8. Swinging Gate: 24 — 30 ft Double EA $ Category 3 Emergency Fencing Requests Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing. City of Santa Ana RFP 21-123 RFP NO.21-123 ON -CALL CHAIN LINK FENCING SERVICES FEE PROPOSAL — YEAR 2 (CONT'D.) TOTALS Category I total Category 2 total Category 3 total GRAND TOTAL I certify that I have read, understand and agree to the terms and conditions of this RFP. I0111I\ 61,10 BUSINESS ADDRESS < AUTHORIZED SIGNATURE NAME (PRINT) EMAIL ADDRESS PHONE NUMBER City of Santa Ana RFP 21-123 RFP NO.21-123 ON -CALL CHAIN LINK FENCING SERVICES FEE PROPOSAL — YEAR 3 Category 1 Standard 6ft chain link: short-term, month -to month, one move-in/move-out 1. Chain Link Fence: includes mesh, line posts, & rails LF $ 2. Swinging Gate: 4 ft Single including gate posts EA $ 3. Swinging Gate: 12 — 15 ft Single including gate posts EA $ 4. Swinging Gate: 24 — 30 ft Double including gate EA $ 5. Wheels SET $ 6. Privacy Screen (6ft height) LF $ 7. Boring for setting fence posts (if additional charge) EA $ 8. Discount for long term (percentage) (intervals) Category 2 Damaged Material Replacement Fees 1. Chain Link Fence: Mesh only LF $ 2. Top Rail EA $ 3. Privacy Screen (6ft height) LF $ 4. Line Post (1-5/8") EA $ 5. Gate Post (2-3/8") EA $ 6. Swinging Gate: 4 ft Single EA $ 7. Swinging Gate: 12 — 15 ft Single EA $ 8. Swinging Gate: 24 — 30 ft Double EA $ Category 3 Emergency Fencing Requests Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing. City of Santa Ana RFP 21-123 RFP NO.21-123 ON -CALL CHAIN LINK FENCING SERVICES FEE PROPOSAL — YEAR 3 (CONT'D.) TOTALS Category I total Category 2 total Category 3 total GRAND TOTAL I certify that I have read, understand and agree to the terms and conditions of this RFP. METLY5 _14reywcolW'E►N BUSINESS ADDRESS <� AUTHORIZED SIGNATURE NAME (PRINT) EMAIL ADDRESS PHONE NUMBER City of Santa Ana RFP 21-123 RFP NO.21-123 ON -CALL CHAIN LINK FENCING SERVICES FEE PROPOSAL — YEAR 4 (Extension Option) Category 1 Standard 6ft chain link: short-term, month -to month, one move-in/move-out 1. Chain Link Fence: includes mesh, line posts, & rails 2. Swinging Gate: 4 ft Single including gate posts 3. Swinging Gate: 12 — 15 ft Single including gate posts 4. Swinging Gate: 24 — 30 ft Double including gate 5. Wheels 6. Privacy Screen (6ft height) 7. Boring for setting fence posts (if additional charge) 8. Discount for long term (percentage) LF EA EA EA SET LF EA (intervals) $ $ $ $ $ $ $ Category 2 Damaged Material Replacement Fees 1. Chain Link Fence: Mesh only LF $ 2. Top Rail EA $ 3. Privacy Screen (6ft height) LF $ 4. Line Post (1-5/8") EA $ 5. Gate Post (2-3/8") EA $ 6. Swinging Gate: 4 ft Single EA $ 7. Swinging Gate: 12 — 15 ft Single EA $ 8. Swinging Gate: 24 — 30 ft Double EA $ Category 3 Emergency Fencing Requests Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing. City of Santa Ana RFP 21-123 RFP NO.21-123 ON -CALL CHAIN LINK FENCING SERVICES FEE PROPOSAL — YEAR 4 (Extension Option) (CONT'D.) TOTALS Category 1 total Category 2 total Category 3 total GRAND TOTAL I certify that I have read, understand and agree to the terms and conditions of this RFP. LEGAL NAME OF COMPANY BUSINESS ADDRESS AUTHORIZED SIGNATURE NAME (PRINT) EMAIL ADDRESS PHONE NUMBER City of Santa Ana RFP 21-123 RFP NO.21-123 ON -CALL CHAIN LINK FENCING SERVICES FEE PROPOSAL — YEAR 5 (Extension Option) Category 1 Standard 6ft chain link: short-term, month -to month, one move-in/move-out 1. Chain Link Fence: includes mesh, line posts, & rails LF $ 2. Swinging Gate: 4 ft Single including gate posts EA $ 3. Swinging Gate: 12 — 15 ft Single including gate posts EA $ 4. Swinging Gate: 24 — 30 ft Double including gate EA $ 5. Wheels SET $ 6. Privacy Screen (6ft height) LF $ 7. Boring for setting fence posts (if additional charge) EA $ 8. Discount for long term (percentage) (intervals) Category 2 Damaged Material Replacement Fees 1. Chain Link Fence: Mesh only LF $ 2. Top Rail EA $ 3. Privacy Screen (6ft height) LF $ 4. Line Post (1-5/8") EA $ 5. Gate Post (2-3/8") EA $ 6. Swinging Gate: 4 ft Single EA $ 7. Swinging Gate: 12 — 15 ft Single EA $ 8. Swinging Gate: 24 — 30 ft Double EA $ Category 3 Emergency Fencing Requests Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing. City of Santa Ana RFP 21-123 RFP NO.21-123 ON -CALL CHAIN LINK FENCING SERVICES FEE PROPOSAL — YEAR 5 (Extension Option) (CONT'D.) TOTALS Category 1 total Category 2 total Category 3 total GRAND TOTAL $ I certify that I have read, understand and agree to the terms and conditions of this RFP. LEGAL NAME OF COMPANY BUSINESS ADDRESS <� AUTHORIZED SIGNATURE NAME (PRINT) EMAIL ADDRESS PHONE NUMBER City of Santa Ana RFP 21-123 Di CERTIFICATE OF THIS CERTIFICATE IS CERTIFICATE DOES NOT U AFFIRMATIVELY VE YAS A EOR NEGATIVELY AMEND, R OF INFORMATION Y EXTEND AND NQQQQF������ttttERAL ER�THE COVERA FGHTS UPON H AF wftu POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CON 0C--8C iC5r Cf dK'-.;+yT"�i21i{4tlTiIOR EB REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. VV ((Lp�/(�[9tvll��C��t1 L1QJ�L L�t�U I the If SUBROGATION ISORTANT: If the cWAIVED, subject to the ertificate holder is an ADDITIONAL and Lcondittiios of the ?policy, certainicy(les) must policies mayNe%tui ePi lan eng ega% A-5ta{trrl an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT 444 W. 47th Street, Suite 900 PHONEo Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRESS: kctsu@lockton.com INSURER(S) / INSURED UNITED SITE SERVICES OF CALIFORNIA, INC. 1508610 118 FLANDERS ROAD, SUITE 1000 WESTBOROUGH MA 01581 COVERAGES CERTIFICATE NUMBER: 1 R6OR922 REVISION NUMBER: 7C5tYY7rYi 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POUCYEFF MMMD POLICY EXP MINDD/l'YYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y GL4057787 12/31/2021 12/31/2022 EACH OCCURRENCE s 2,000,000 GE TO —RENTED P EMSES fEa occurrence — $ 1,000,000 MED EXP Any one person) $ 10,000 _ PERSONAL S ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY JECT LOC GENERALAGGREGATE PRODUCTS-COMP/OPAGGOTHER: F4,000,000 A AUTOMOBILE LIABILITY ANY AUTO SCHEDULED ONLY AUTOS NON -OWNED AUTOS ONLY AUTOS ONLY Y Y CA6675838 12/31/2021 12/31/2022 COMBINED SINGLE LIMIT Ea accident 0X BODILYINJURY(PerPerson) xXOWNED BODILY INJURY(Per accident)AUTOS XXHIRED PROPERTY DAMAGE Praccidet XX sXXXXXXX UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS -MADE NOTAPPLICABLE EACH OCCURRENCE $ XX$X)CKX AGGREGATE $ )OCXIXXZ DEO I I RETENTION$ $ XXXXXXX A WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY ANY PROPRIEfOR/PARTNEWEXECUTIVE OFFICEMMEMBER EXCLUDED? (Mandatory in NH) It s, describe under DESCRIPTION OF OPERATIONS below NIA Y LD54047370 11/11/2021 12/31/2022 X STATUTE ORTH- E.L. EACH ACCIDENT $ 1000000 E.L DISEASE- EA EMPLOYEE $ 1.000.000 E.L. DISEASE - POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 0 more space is required) The City of Santa Ana, its officers, employees, and volunteers are named as additional insured, as respects to liability arising out of the activities performed by or on behalf of the named insured, where coverage shall be primary and non-contributory to any policy held by the additional insured, and includes a waiver of subrogation where allowed by state law as required by written agreement, and subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER CANCELLATION See Attachments 18608922 CITY OF SANTT'A ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 S. DAISY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SANTA ANA CA 92703 ACCORDANCE WITH THE POLICY PROVISIONS. L11yl:1-IdFAAd. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD .. RAMmuge erADVIsIm 1 aI/-.Aon•~cr"c^ REVIEWED 6 APPROVED BY: 4p Aaev44o Risk Management Specialist Attachment Code: D608142 Certificate ID: 18608922 POLICY NUMBER: GL 4057787 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations As required by written contract or Location(s) of operations as per agreement when such written contract or written contract or agreement agreement is executed prior to an between you and the Additional occurrence, offense or loss to which this Insured. endorsement applies, but only for the limits agreed to in such contract or the Limits of Liability provided by this policy, whichever is less. Any individually scheduled additional insureds shall not be construed to override nor negate this blanket additional insured. 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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. CG 20 10 12 19 © Insurance Services Office. Inc. 2018 WVeMmwgemmtDi s[m /k REmEWED&APPROVEDRY: Ap Aav44 Risk Management Specialist `"' Attachment Code: D607825 Certificate ID: 18608922 POLICY NUMBER: GL 4057787 COMMERCIAL GENERAL LIABILITY CG20011219 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 LIQUOR 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 additional insured. This insurance is primary to and will not seek 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 CG 20 01 12 19 © Insurance Services Office, Inc., 2018 RiskMuugemmLDMs1on ��+ . flEmI D S APPRov® By. `ll i� 111' AAcaula ® 2i5k Management Spedariu Attachment Code: D607832 Certificate ID: 18608922 POLICY NUMBER GL4057787 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Person(s) or Organization(s) as required by written contract when such written contract is executed prior to an occurrence, offense or loss to which this endorsement applies. Any individually scheduled Waivers shall not be construed to override nor negate this blanket Waiver The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 :;. RIekMuagaoadDMs1an RwEvIE DnAw Br. A+fi AaN44 ® Risk Management Spedalist Attachment Code: D607830 Certificate ID: 18608922 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE WHERE A WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS IS REQUIRED BY WRITTEN CONTRACT, SUCH ADDITIONAL ENTITIES SHALL BE CONSIDERED AUTOMATICALLY SCHEDULED BY THE COMPANY. INDIVIDUALLY SCHEDULED WAIVERS SHALL NOT BE CONSTRUED TO OVERRIDE NOR NEGATE THIS BLANKET WAIVER. THIS FORM APPLIES ONLY TO THE FOLLOWING STATE(S) IF COVERED BY YOUR POLICY. IF A STATE IS NOT LISTED BELOW, THIS FORM DOES NOT APPLY IN THAT STATE. AL, AZ, AR, CO, CT, DE, DC, FL, GA, ID, IL, LA, ME, MD, MA, MN, MS, NE, NV, NY, NC, OK, OR, PA, RI, SC, TN, VA, WV This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/31/2021 Policy No. LDS4047370 Endorsement No. Insured UNITED SITE SERVICES, INC. Insurance Company Safety National Casualty Corporation Countersigned By WC 00 03 13 (04 84) © 1983 National Council on Compensation Insurance. Premium $ Included Page 1 of 1 _ Riele MaftonmtDivislan REVIEWED 6 APPROVED BY: ®' Risk Management Specialist Attachment Code: D610533 Certificate ID: 18608922 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE Name Of Person Or Organization: Person(s) or OrganiZation(s) as required by written contract when such written contract is executed prior to an accident to which this endorsement applies. Any individually scheduled Waivers shall not be construed to override nor negate this blanket Waiver. information required to complete this schedule, if not shown above, will be shown in the declaration LtHANUL We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for "bodily injury" or "property damage" to which this insurance applies, caused by an "accident' and resulting from the ownership, maintenance or use of a covered "auto". This waiver applies only to the person or organization shown in the Schedule above. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/31/2021 Policy No. CA 667583E Endorsement No. Named Insured UNITED SITE SERVICES, INC. Premium S Included SNCA 027 10 13 Safety National Casualty Corporation Page 1 of 1 p RIA Mvwgenayfl)W1m RsvIEwm& APPROVED BY: `® Risk Management Specialist