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HomeMy WebLinkAboutABM INDUSTRY GROUPS, LLC (2) INSURANCE big, 4F WORM MAY PROCEED UNTIL INSURANCE EXN'-«O N-2025-166 i 1TY C1ER DATL JUL 0 3 2025 CITY OF SANTA ANA r�y AGREEMEMENT WITH ABM INDUSTRY GROUPS,LLC TO PROVIDE RESTROOM MAINTENANCE SERVICES FOR FIESTAS PATRIAS 2025 AND 2026 THIS AGREEMENT is made and entered into on this 4th day of June, 2025 by and between ABM Industry Groups, LLC, a Delaware limited liability company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing restroom rental,cleaning, and maintenance services for the City's Fiestas Patrias events to be held in years 2025 and 2026. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 in Exhibit A, attached hereto and incorporated herein, on dates and times to be agreed upon by the parties. 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 Exhibit B, attached hereto and incorporated herein. The total amount to be expended during the term of this Agreement shall not exceed $10,000.00. 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. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s)with financial institutions. Page 1 of 9 c. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue through December 31, 2026,unless terminated earlier in accordance with Section 15,below. 4. 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-cxclusive 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. 6. INSURANCE Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: Minimum Scope and Limit of Insurance. Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: ® Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an"occurrence"basis, including products and completed operations, Page 2 of 9 property damage, bodily injury and personal & advertising injury with limits no less than$1,000,000 per occurrence and $2,000,000 aggregate. • Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers' Compensation(WIC): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. • If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: • CGL and AL policies: City of Santa Ana, its City Council, its officers,officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment, and personnel furnished in connection with such work or operations. • All required insurance policies: Insurance company(ics) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. • All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. • Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,voided,reduced in coverage or in limits,non-renewed by the carrier,or materially changed except after thirty(30) days prior written notice has been given to City. Ten(10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name Page 3 of 9 and location of the event should be included in the Description of Operations section of each certificate. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. City may require 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. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage. Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies. If any of the required policies provide coverage on a claims- made basis: • The retroactive date must be shown and must be before the date of the contract or the beginning of work. • Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. • 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, Company must purchase "extended reporting"coverage for a minimum of three (3) years after completion of work. Subcontractors. Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. 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. 7. 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 Page 4 of 9 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 snake 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. 8. 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. 9. 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. 10. 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 Page 5 of 9 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. 11. 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. 12. 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. 13. 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. 14. 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. Page 6 of 9 15. 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. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties 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. 18. PROFESSIONAI,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. 19. NOTICE Any notice, tender,demand, delivery,or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 7 of 9 To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Pax: 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 To Contractor: ABM Industry Groups, LLC Attn: Jorge Perez 14201 Franklin Ave. Tustin, CA 92780 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 now 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. 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. [signature page follows] Page 8 of 9 SIGNATURE PAGE FOR AGREEMEMENT WITH ABM INDUSTRY GROUPS,LLC TO PROVIDE RESTROOM MAINTENANCE SERVICES FOR FIESTAS PATRIAS 2025 AND 2026 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Yp ATTEST: _ CITY OF S TA ANA Jennifer all Alvaro Nunez Cit City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney F onathan T. Martinez By: Jorge Perez Assistant City Attorney Title: District Manager RECOMMENDED FOR APPROVAL: Hawk Scott Executive Director Parks,Recreation, and Community Services Agency Page 9 of 9 EXHIBIT A SCOPE OF SERVICES VENDOR INFORMATION: ABM Industry Group, LLC EVENT: Fiestas Patrias 2025 and 2026 SERVICE DATE(S): 06/16/2025-1.2/31/2026 COMPENSATION DUE TO THE VENDOR: Not to exceed$10,000.00 DESCRIPTION: Provide restroom cleaning,maintenance, and rentals for Fiestas Patrias throughout Downtown Santa Ana. The Contractor will be paid the agreed amount of compensation within 45 days from an event. i i EXHIBIT B Invoice and Costs Rernitto: ABM Parking ABM 420 N MAIN 5T Building Value SANTA ANA CA 92701 714-543-4285 City Of Santa Ana Recreation&CommunityService Agency 20 Civic Center Plaza„Santa Ana CA 92701 Mleont@santa-ana.org ATTN:ptonique leon 714-975-4514 bate: 4116125 Due Date: 4130125 Total Due: S 3,372.00 Proposal# 105511 Description QTY. RATE Phase Waite Account plumber on your check Restrooms Cleaning fee Hours Saturday(12p-11pm) 11 S 33.00 4employees 5 1,452.00 Sunday(12pm-10pm) 10 $ 33,00 4 employees S 1,320.00 Plaza Restroon Rental Fee Saturday 1 $300.00 Plaza&Bush Restrooms S 300.00 Sunday 1 $300.00 Plaza 3 Bush Restrooms S 300.00 BALANCE; S 3,37200 Comments: Two employees per shift to perfom cleaning of all portable and public restrooms. t- , h Total Current Charges: $3,372.00 TOTAL BALANCE DUE: $3,372.00 PAYMENT IS {SUE UPON RECEIPT! Page 1 of 3 .a►coRo� CERTIFICATE OF LIABILITY INSURANCE ATE a5/z9/2025 /zozs THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT WTW Certificate Center NAME: Willis Towers Watson Southeast, Inc. PHONE 1-877-945-7378 FAX 1-888-467-2378 c/o 26 Century Blvd AfC No: P.O. Box 305191 E-MAIL ADDRESS: certificates@wtwco.com Nashville, TN 372305191 USA INSURER S AFFORDING COVERAGE NAEC# INSURERA: ACE American Insurance Company 22667 INSURED INSURERB: ACE Property S Casualty Insurance Company 20699 ARM Industries Incorporated an ABM industries Incorporated Company INSURER C; QBE Specialty Insurance Company 11515 4151 Ashford Dunwoody Road, suite 600 INSURER❑: Federal Insurance Company 20281 Atlanta, GA 30319 INSURER.E; AIG Specialty Insurance Company 26883 INSURERF: American Rome Assurance Company 19380 COVERAGES CERTIFICATE NUMBER W39165395 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 SUB.ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMfDDfYYYY MMIDDfYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 CLAIMS-MADE O OCCUR DAMAGE TO RENTED 2,0a0,000 PREMISES Ea occurrence $ A X $1,000,OOO SIR MED EXP(Any are person) 5 Excluded X XCU X Y XSL G48949757 11/01/2024 11/01/2025 PERSONAL&ADV INJURY 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 6,000,000 X POLICY E PRO 2,000,000 JECT LOC PRODUCTS-COMPIOPAGG 5 OTHER: 5 AUTOMOBILE LIABILITY COMBINED SINGLELIM[T 5 5,000,000 Ea accident IX ANY AUTO BODILY INJURY(Per person) 5 AOWNED SCHEDULED Y r ISA H11374211 11/01/2024 11/01/2025 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED x NON-OWNED PROPERTY DAMAGE 5 AUTOS ONLY /� AUTOS ONLY Per accident 5 B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 10,000,000 EXCESS LIAB CLAIMS-MADE Y Y XEU G27910865 010 11/01/2024 11/01/2025 AGGREGATE g 10,000,000 0ED I X�RETENTION$0 5 WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER A ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT 5 1,000,000 CFFICERJMEMBER EXCLUDED? No NIA Y WCU C72624762 11/01/2024 11/01/2025 - 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 5 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 C Professional Liability 130007484 07/01/2024 07/01/2025 Each Claim $5,000,000 Aggregate $5,000,000 Retention $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may he attached if more space is required) SIR - Excess Workers Compensation: Digitally signed by CA-$1,000,000 SIR TuTran Tu Iran Nguyen OH WA OR IL MI- $500,000 SIR Nguyen Date: 07'007 1 10:28:16-07'00' SEE ATTACHED - APPROVED By Tu Tran Nguyen of 10:20 am,Jun 17 2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Attention: Parks, Recreation, and Community Services Agency AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza M-23 Santa Ana, CA 92701 �r 91988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR In: 27837252 BATCH: 3982138 AGENCY CUSTOMER ID: _ LOC#: AC R" ADDITIONAL REMARKS SCHEDULE Page 2 Of 3 AGENCY NAMED INSURED Willis Towers Watson Southeast, Inc. ASH Industries Incorporated an ABM Industries Incorporated Company POLICY NUMBER 4151 Ashford Dunwoody Road, Suite 600 See Page 1 Atlanta, GA 30319 CARRIER NAIL CODE See Page 1 Sea Page 1 EFFECTIVE DATE: Sae Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Worksite Location : Through out the City of Santa Ana, Cleaning Services for Portable Restrooms for 2 day Festival Description of Job: Maintenance of clean Restroom through out the 2- day festival City of Santa Ana, Its City Counsel, officers, officials, employees, agents, and volunteers are included as Additional Insured as respects General Liability and Automobile Liability (Umbrella follows Form) as required by written contract with the Named Insured. If required by the written contract or agreement with said Additional Insured, this insurance shall be primary insurance to any other insurance available to said insured covering the same loss. Such other insurance available to said Additional Insured shall be excess to and non-contributing to this insurance. Waiver of subrogation applies in favor of Additional Insured as respects General Liability, Automobile Liability and Workers Compensation, where allowed by law, (Umbrella follows form) as required by written contract with the Named Insured. Umbrella/Excess policy applies excess of General Liability, Auto Liability and Employers Liability Policies, INSURER AFFORDING COVERAGE: Federal Insurance Company NAIL#: 20281 POLICY NUMBER: J06105798 EFF DATE: 11/01/2024 EXP DATE: 11/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Crime/Employee Dishonesty/ Each Occurrence $5,000,000 Fidelity INSURER AFFORDING COVERAGE: AIG Specialty Insurance Company NAIC$: 26883 POLICY NUMBER: CPO 16081985 EFF DATE: 05/01/2025 EXP DATE: 05/01/2026 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Contractor's Pollution Liability Each Loss $10,000,000 Aggregate $10,000,000 SIR $500,000 INSURER AFFORDING COVERAGE: American Home Assurance Company NAIL#: 19380 POLICY NUMBER: 080768613 EFF DATE: 05/01/2025 EXP DATE: 05/01/2026 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Property Coverage Per Policy $5,000,000 ADDITIONAL REMARKS: All Risk of Physical Damage at any location including customer's premises, subject to policy terms, ACORD 101 (2008101) Q 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 27837252 BATCH: 3962138 CERT: W39165395 AGENCY CUSTOMER ID: _ LOC#: ACC)R" ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY NAMED INSURED Willis Towels Watson Southeast, Inc, ABM Industries Incorporated an ABM Industries Incorporated Company POLICY NUMBER 4151 Ashford Punwoody Road, Suite 600 See Page 1 Atlanta, GA 30319 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE:See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance INSURER AFFORDING COVERAGE: ACE American Insurance Company NAIC#: 22667 POLICY NUMBER: ISA H11374311 EFF DATE: 11/01/2024 EXP DATE: 11/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Garage Keepers Legal Liability Limit $2,000,000 ADDITIONAL REMARKS: Automobile Liability includes Expass Garage keepers Liability. I I ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 27837252 BATCH; 3982138 CERT: W39165395 WILLIS TOWERS WATSON CANCELLATION NOTICE NAMED INSURED POLICY NO. ABM Industries Incorporated All policies listed on the enclosed certificate EFFECTIVE DATE SEE PAGE 1 Holder Name: City of Santa Ana Attention: Parks, Recreation, and Community Services Agency 20 Civic Center Plaza M-23 Santa Ana, CA 92701 Project: See Page 1 Cancellation Terms: IN ADDITION TO THE NOTICE. PROVISIONS IN THE POLICY, WILLIS TOWERS WATSON HAS AGREED WITH THE CARRIER THAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WILLIS TOWERS WATSON WILL SEND WRITTEN NOTICE TO THE CERTIFICATE HOLDER WITHIN 30 DAYS EXCEPT FOR NONPAYMENT OF PREMIUM. WILLIS TOWERS WATSON WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED. Cancellation Terms Apply to the Following Coverages: All policies listed on the enclosed certificate Willis 102 BLANKET ADDITIONAL INSURED Named Insured ABM Industries Incorporated Endorsement Number 26 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL IG48949757 11/01/2024 TO 11/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Any person or organization whom you have agreed to include as an additional insured in a written contract is included as an additional insured under this policy, but only to the extent required by and in accordance with the terms of such written contract executed prior to loss, provided that written contract does not specify an ISO endorsement or other specific wording, and only with respect to liability for"bodily injury", "property damage", or"personal and advertising injury" arising out of your ongoing or completed operations. MS-309963.2(11/20) @Chubb.2016.All rights reserved. Page 1 of 1 4 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number ABM Industries Incorporated 21 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XS I- G48949757 11/01/2024 to 11/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Schedule _Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. (if no infonnation is filled in, the schedule shall read. 'All persons or entitles added as additional insureds through an endorsement with the term`Additional Insured"in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IVA: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss and is primary (subject to satisfaction of the "retained limit"), meaning that we will not seek contribution from the other insurance available to the Additional Insured. Your"retained limit" still applies to such loss, and we will only pay the Additional Insured for the"ultimate net loss" in excess of the"retained limit"shown in the Declarations of this policy. Authorized Representative XS-20288a(05/14) ©Chubb.2016.All rights reserved. Page 1 of 1 i i i I CHUE3E32 x WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured Endorsement Number ABM Industries Incorporated x Policy Symbol Policy Plumber Policy Period Effective Date of Endorsement XSL G48949757 11/01/2024 to 11/01/2025 Issued By(Name of Iusurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Person or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract,provided such contract was executed prior to the date of loss. 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 policy.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. All Other Terms And Conditions Remain Unchanged. I I Authorized Representative I I I I I i i i i XS-6W34a(02/20) Page 1 of x 8 ADDITIONAL INSURED DESIGNATED PERSONS OR ORGANIZATIONS Named Insured ABM industries Incorporated Endorsement Number 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement I SA H 11374311 11/01/2024 To 11/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparatlon of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following, BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you_have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto,"Who Is Insured is amended to include as an "insured,"the persons or organizations named in this endorsement. However, these persons or organizations are an "insured"only for"bodily injury"or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your"employees"or agents. 3. Any person operating a covered "auto"with permission from you, any of your"employees"or agents. B. The persons or organizations named In this endorsement are not liable for payment of your premium. Authorized Representative DA-91,174c(03/16) Page 1 of 1 3 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured ABM Industries Incorporated Endorsement Number 13 Policy Symbol Policy Number Policy Period Effective Date or Endorsement ISA H11374311 11/01/2024 To 11/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss (If no information is filled in, the schedule shall read.'All persons or entities added as additional insureds through an endorsement with the term 'Additional Insured"in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy,the following is added to the Other Insurance Condition under General Conditions: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. Authorized Representative DA-21886b(06/14) Page 1 of 1 i i 4 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured ABM Industries Incorporated Endorsement Number 11 Policy Symbol Policy Number Policy Period Effective Date of Endorsement I( k I H 11374311 111/01/2024 To 11/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insort the policy number.The remainder of the information is to bo completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM I We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. i SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. I i I I Authorized Representative DA-13115a(06/14) Page 1 of 1 3 RECOVERY FROM OTHERS Named Insured Endorsement Number ABM industries Incorporated 2 Policy Symbol Policy Number Policy Period Effective Date of Endorsement WCU C72624762 11/01/2024 to 11/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Specific Excess Workers Compensation and Employer's Liability Policy Solely with respect to a written contract with the organization named in the Schedule below, the final paragraph of I. Recovery From Others in PART SIX-CONDITIONS is deleted and replaced with the following: In the event of any payment under this policy for a Loss for which you have waived the right of recovery in a written contract entered into prior to the Loss, we hereby agree to also waive our right of recovery but only with respect to such Loss and only for the organization named in the Schedule below. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. This endorsement does not apply to policies in Missouri where the employer is in the construction group of classifications. Authorized Representative WC 99 04 91 (10/08) Page 1 of 1 Ngu even, Tu Tran From: Hoang,Julie Sent: Tuesday,June 17, 2025 9:56 AM To: RMD Cc: Leon, Monique; Hoang,Julie Subject: RE: Request for COI Review:ABM Industry Groups, LLC Hi Tu, The vendor reached out to their insurance company and got this response,,. "Good Morning Julie, The signature is on the first page of the COI, Per our carrier notes specifies the signature encompasses all pages. Please see image below.... 1 � WARNING: Keep ABM safe! If you aren't sure this email is safe please use the button instead of deleting it. This email originates ABM.DO NOT CLICK links or attachments unless you recognize the sender.Never give out your user ID or password. Jorge, Insurance carriers do not sign each endorsement within a policy. Our signature on the COI first page as the WTW broker for ABM,encompasses every page attached at the time of issuance of this certificate of insurance. Sincerely, Jennifer(Jenn)Alongi-Maniatakos,CISR Client Advocate—Geographies CA Insurance License#4342751 WTW Willis Towers Watson Southeast,Inc_ d/b/a WilGsTowers Watson Southeast Insurance Services,Inc. CA Insurance License#a761258 5 Concourse Parkway,le Floor I Atlanta,GA 30328 D+1813-323-9506 C+1727A04-6533 r r Si-Maniatakos[bwtwfa— www.IUTWco.com I JRotanticn Is1,000, DESCRIPTION OF OPERAYMM I LOCAInONG I VEHICLES(ACORO 101,Additional Remarks Schedule,may be attached if more space In r"Ukodl SIR - Excess Workers Compensation: CA-$1,000,000 SIR OH WA OR IL MI- $500,000 SIR SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLE THE EXPIRATION DATE: THEREOF, NOTICE: WILL. BE DE:Lr ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana AI11HOR1IED REPRivSIiNTAT1YE Attetntien: Fark5, Recreation, and Cmanunity Services Agency 20 Civic Cantor Plaza U-23 Saata Ana, CA 92701 1988-2016 ACORD CO PORATION. All right ACORD 25(2016/03) The ACORD name and logo are regis ared marks of ACORD gn 278372S2 r a: 3982138 Please let me know how I should respond... Thank you! O JuZ,ie� faa Management Aide City of Santa Ana, Parks, Recreation and Community Services r 20 Civic Center Plaza, Santa Ana, CA 92701 (714) 571-4228 I ihoang cl Santa-ana.org From: RMD Sent: Monday,June 16, 2025 4:04 PM To: Hoang,Julie<)hoang@Santa-ana.org> Cc: Leon, Monique<mleon@Santa-ana.org> Subject: RE: Request for C01 Review:ABM Industry Groups, LLC Hi Julie, It would be a representative from the insurance company. The insurance broker should be able to assist. Thank you, 3