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HomeMy WebLinkAboutDMS FACILITY SERVICES, LLC 2A -2012City of Santa A. j Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with No. A -ac, 11` Hy was completed on (List all amendments. Use space below if needed.) P�---5L0l A- 1C11y� A-- 3� & I., SANTA ANA OF COUNCIL 1 and final payment has been made. Department: Phone/Exf.:a Signature: �111Ci t.t�l� Date: Revised 08-23-10 A- 2012 -112 ri NQ -av� ,LERK J (�,'T til FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 4, 2012, by and between DMS Facility Services, LLC, a California limited liability company ( "Contractor ") and y� 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: �J A. The parties entered into that certain Agreement A- 2011 -148, dated June 6, 2011, (hereinafter C "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks District 1. c B. The parties wish to amend said Agreement to extend the term for an additional nineteen months, and provide compensation for services provided during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all `- the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, as set forth in City's Request for Proposal 11 -004 (RFP), dated March 10, 2011, and the maps included therein. Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to said Agreement by reference. The parties agree that District 2 shall be expanded to include the property at 312 N. Bush and the Santiago Bike Trail, as depicted in maps attached hereto as Attachments 1 and 2. Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and Addendum 2, attached respectively to said Agreement as Exhibits A, A -1 and A -2, and Contractor's Proposal dated April 12 2011, attached to said Agreement as Exhibit B." 2. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services a monthly fee of $30,333.26, which represents the rates set forth in Contractor's proposal increased by a 1.5% CPI. The total sum to be expended under this Agreement shall not exceed Six Hundred Thirty - Three, Nine Hundred Sixty-Five dollars ($633,965.00), which includes a ten percent (10 %) contingency for unanticipated work, during the 19 month tern from July 1, 2012 through January 31, 2014. 3. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2011 and terminate on January 31, 2014 unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to three additional one- year terms on the mutual agreement of the parties. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LaurWSheedy Assistant City Attorney PA L M. WALT RS Interim City Manager DMS FACILITY SERVICES, LLC XREUMUMAUX CAROLE THORSELL RbM7AXD&&X Executive Vice President • n •ra �r" I li S � ir • ` -71 l i� i{-+ �7B¢ 4 ' st •ice`• r T • M e® �r 1 r � a s 4 F s • 1E ihi "J � a ' cs tiA7 w. • • 1. A AL k Ai Tj 4e LMW-p W I ....... 7E 'on MI Pd t it el. ft w b w �]Ijj Jill I OP ID: KU " -'Ila. ' CERTIFICATE OF LIABILITY INSURANCE DATE THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO 02 /29DMlYY, ozns/12 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 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 714 -327 -1400 Andreini & Company -South Coast License 0208825 714- 327 -1499 One MacArthur Place, Suite 100 South Coast Metro, CA 92707 NAME: T PHONN Ert � No): E -MAIL — -- — - ADDRESS: — PRODUCER DMSFA -1v CUST RID #: _ INSURERS) AFFORDING COVERAGE_ INSURERA: Wausau Underwriters Ins. Co. — _ NAIC # 26042 - -- •- - -- INSURED DMS Landscaping DIMS Facility Services, LLC 417 E. Huntington Drive INSURER B .._ _. •• -- - -- — - Monrovia, CA 91016 INSURER C : - - INSURER D A _X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 111 000 IN SURER E. INSURER F: 03101113 EACH OCCURRENCE RCYh71OR NUMDCR: 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 INIFIR SUB POLICY NUMBER 1160i5Y EFF MM/pD/YYYY P(NUIt Y XP POLICY EXP'- LIMITS y GENERAL LIABILITY A _X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X I YVJ -Z91 -458727 -012 03/01/12 03101113 EACH OCCURRENCE $ _ 1,000,00 _ 100,00 PREMISES (Ea occkrrencel MED EXP (Any one person) $ EXCLUDE PERSONAL & ADV INJURY -- - -- -- - - -- $ 1,000,00 GENERAL AGGREGATE $ — 2,000,00 - - -- - -- GEN'L AGGREGATE LIMIT APPLIES PER PRO• PRODUCTS - COMP /OP AGG _............-- ---- - -.... .......- --.. $ 2,000,00 _$ _. _. - POLICY X LOC .__._. —. _ ... AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X X_ ANYAUTO ALL OWNED AUTOS ASJ -Z91 -458727 -022 03/01/12 03/01/13 (Ea accident) $ 1,000'00 BODILY INJURY (Per person) _ —_ —_ -_ $ X SCHEDULED AUTOS BODILY INJURY (Per accident) _..._ $ PROPERTYDAMAGE X HIRED AUTOS $ (Peraccident) X NON -OWNED AUTOS $ UMBRELLA LIAR OCCUR E-1 EACH OCCURRENCE S EXCESS LU1B CLAIMS -MADE _ —_.. AGGREGATE $ DEDUCTIBLE - —_ -..-- $ - -._ ..-- --- -- RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY c "'— - -- -•- - --- WC STATU- OTH- $ ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ❑ NIA .I • - - TORY 11 ELZ- E.L. EACH Mandatory in NH) —- '- —' t l I f yes, describe under E.L. DISEASE , EA E L MP OYEE $ DESCRIPTION OF OPERATIONS below — E.L. DISEASE - POLICY LIMIT S ) DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) SEE ATTACHED HOLDER NOTES SANSANI City of Santa Ana Attn: Robert Carroll 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE %) 1985 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD NOTEPAD HOLDERCODE SANSAN1 DMSFA -1 PAGE 2 INSURED'S NAME DMS Landscaping OP ID: KU DATE 02/29/12 �r is included as an additional insured as respects only ,ver the attached forrns CG 20 10 07 04 and CG 20 37 part oT the insurance policy shown above. wording included pursuant to the attached LG part of fie insurance policy shown above. 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 O anization s : Location(s) Of Covered Operations As specified in a written agreement which is signed in advance of the 'occurrence" or offense for which the additional insured seeks coverage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on be- half of the additional insured(s) at the location of the covered operations has been completed; or CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. This endorsement is executed by the Wausau Underwriters Insurance Company Premium $ Included Effectioe Date 03/01/12 Expiration Date 03/01/13 For attachment to Policy No. YVJ -Z91- 458727 -012 Audit Basis Flat Issued To DMS Facility Services, LLC,etal Countersigned by p Authorized Representati Issued 02/28/12 Sales Office and No. San Ramon, CA End. Serial T. 1 Page 2 of 2 © ISO Properties, Inc., 2004 CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Location And Description Of Completed Opera - tions As specified in a written agreement which is signed in advance of the 'occurrence" or offense for which the additional insured seeks coverage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". This endorsement is executed by the Wausau Underwriters Insurance Company Premium $ Included Effective Date 03101/12 Expiration Date 03/01113 For attachment to Policy No. YVJ -Z91- 458727 -012 Audit Basis Flat Issued To DMS Facility Services, LLC, etal Issued 02/28112 CG 20 37 07 04 Countersigned by Authorized Repres tatNr Sales Office and No. End. Sena No. 2 San Ramon, CA © ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DirectSolutions for janitorial Service Contractors This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG 00 01. Index of modified items: Item 1 REASONABLE FORCE Item 2. - NON -OWNED WATERCRAFT EXTENSION Item 3. - ALIENATED PREMISES Item 4. - DAMAGE TO BORROWED EQUIPMENT Item S. - JANITORIAL SERVICES PROPERTY DAMAGE COVERAGE Item 6. - LOST KEY COVERAGE Item 7. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Item 8. - BODILY INJURY TO CO- EMPLOYEES Item 9. - HEALTH CARE PROFESSIONALS AS INSUREDS Item 10. - NEWLY FORMED OR ACQUIRED ENTITIES Item 11. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION MANAGERS OR LESSORS OF PREMISES Item 12. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION ONGOING OPERATION Item 13. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION PERSON OR ORGANIZATION Item 14. -ADDITIONAL INSURED STATE, MUNICIPALITY OR POLITICAL SUBDIVISION -PERMITS Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION LESSOR OF LEASED EQUIPMENT Item 16. - KNOWLEDGE OF OCCURRENCE Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Item 18. - BODILY INJURY REDEFINITION Item 19. - MOBILE EQUIPMENT REDEFINITION Item 20. - SUPPLEMENTARY PAYMENTS Item 21. - LIBERALIZATION These changes broaden the policy sections described unless differing language is separately endorsed to the coverage part. Item 1. - REASONABLE FORCE Exclusion a. of COVERAGE A is replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. - NON -OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of COVERAGE A (Section I - Coverages) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used for public transportation or as a common carrier. Item 3. - ALIENATED PREMISES 1. Subparagraph j.(2) of Exclusions of Secdon I replaced by the following: LG 32 37 09 07 Page 1 of 9 Coverages Bodily Injury And Property Damage Liability is (2) Premises you sell, give away, or abandon, if the property damage arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. - DAMAGE TO BORROWED EQUIPMENT A. Exclusion j. of COVERAGE A (Section I Coverages) is amended to add the following Paragraphs (3) and (4) do not apply to property damage to borrowed equipment either loaned to you or in your care, custody or conuol. B. Subject to Paragraphs 2., 3., and 5. of SECTION III LIMITS OF INSURANCE, the most we will pay for damages under this endorsement is $35,000 for all occurrences during the policy period. The insurance provided by this endorsement is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. Item 5. -JANITORIAL SERVICES PROPERTY DAMAGE COVERAGE 1. Subparagraphs (3), (4), (5) and (6) of exclusion j. of coverage A. do not apply to your building cleaning, maintenance or janitorial services. 2. Exclusions This insurance does not apply to: a. Borrowed equipment, b. "Property damage" to property in your care, custody and control while in transit., C. Lost keys, or d. Theft 3. Other Insurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 4. Application of Sublimit Subject to Paragraphs 2., 3., and 5. of SECTION III LIMITS OF INSURANCE, the most we will pay for insurance provided by paragraph 1., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one occurrence regardless of the number of persons or organizations who sustain damage because of that occurrence. The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item 6. - LOST KEY COVERAGE Exclusions j.(3) and j.(4) of COVERAGE A (Section I) and exclusion 2.a.(2) of WHO IS AN INSURED (Section II) do not apply to the loss of keys or key cards by an insured, subject to the following: A. The additional insurance provided by this endorsement /provision applies only to the following damages: 1. The actual cost of the keys or key cards; 2. Adjustment of locks to accept new keys or key cards; and 3. The cost of new locks, including the cost of their installation, due to your loss of keys; however, this provision does not apply to locks operated by key cards. B. The additional insurance provided by this endorsement/ provision does not apply to: 1. Misappropriation; LG 32 37 09 07 Page 2 of 9 2. Secretion; 3_ Conversion; 4. Infidelity; or 5. Any dishonest act on the part of any insured. C. Limits of Insurance: 1. The additional insurance provided by this endorsement/ provision is subject to a sublimit of $100.000 each occurrence. This sublimit is subject to the Each Occurrence Limit shown in the Declarations; it is not in addition to the Each Occurrence Limit. 2. The additional insurance provided by this endorsement /provision is subject the General Aggregate Limit shown in the Declarations. 3. These limits are the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or C. Persons or organizations making claims or bringing "suits ". Item 7. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I Coverage A is replaced by the following: Exclusions c. through n. do not apply to damage to premises rented to you or temporarily occupied by you with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section III Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section III Limits of Insurance is replaced by the following: Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of_ (a) damage caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage to premises rented to you, or temporarily occupied by you with permission of the owner; and (b) property damage (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. Item 8. - BODILY INJURY TO CO- EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (c) of SECTION II Who Is an Insured do not apply to your supervisory or management "employees" for "bodily injury" only. 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (c) of SECTION II Who Is an Insured do not apply to your "employees" or 'volunteer workers" for "bodily injury" arising out of a Good Samaritan act to a co- "employee" or co- "volunteer worker." A Good Samaritan act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co- employee or volunteer worker will be reduced by any amount paid or available to the injured co- employee or volunteer worker under any other valid and collectible insurance. Item 9. - HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section II Who Is An Insured is deleted unless: W You are engaged in the occupation or business of providing or offering medical, surgical, dental, x -ray or nursing services, treatment, advice or instruction; or (ii) The employee has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. LG32370907 Page 3 of 9 Item 10. - NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section II Who Is An Insured is replaced by the following: 3. Any organization, other than a joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until i. the 180th day after you acquire or form the organization; or ii. separate coverage is purchased for the organization; or iii. the end of the policy period, whichever is earlier. b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization; and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any past partnership, current or past joint venture or past limited liability company that is not shown as a Named Insured in the Declarations. Item 11. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION MANAGERS OR LESSORS OF PREMISES A. Section II Who Is An Insured is amended to include as an insured any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that: 1. the bodily injury , property damage or personal and advertising injury giving rise to liability occurs subsequent to the execution of the agreement; and 2. the written agreement is in effect at the time of the bodily injury , property damage , personal and advertising injury for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for bodily injury , property damage or personal and advertising injury arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state s law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. Any occurrence that takes place after you cease to be a tenant in that premises. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of the Additional Insured. 3. Any premises for which coverage is excluded by endorsement. LG 32 37 09 07 Page 4 of 9 D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 12. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION ONGOING OPERATIONS A. Section II Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that: 1. the bodily injury, property damage, or personal and advertising injury giving rise to liability occurs subsequent to the execution of the written agreement; and 2. the written agreement is in effect at the time of the bodily injury, property damage, or personal and advertising injury for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to bodily injury, or property damage, personal and advertising injury arising out of your work included in the products- completed operations hazard . There is no coverage for the additional insured for bodily injury , property damage or personal and advertising injury arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state s law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or LG 32 37 09 07 Page 5 of 9 b. Supervisory, inspection, architectural or engineering activities. 2. to "bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 3. to "bodily injury" or "property damage" that occurs during the ongoing operations of a project insured by an Owners & Contractors Protective Liability or Railroad Protective Liability Policy where you are the contractor designated in that policy s declarations. 4. when coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured would have had the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 13. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION PERSON OR ORGANIZATION A. Section II Who Is An Insured is amended to include as an additional insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf- 1. In the performance of your ongoing operations; or 2. In connection with premises owned by you provided that: (a) the bodily injury , property damage or personal and advertising injury giving rise to liability occurs subsequent to the execution of the agreement; and (b) the written agreement is in effect at the time of the bodily injury , property damage , personal injury or advertising injury for which coverage is sought. That person or organization shall be referred to as the additional insured. There is no coverage for the additional insured for bodily, injury , properry damage or personal and advertising injury arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state s law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any tight of recovery we may have against the additional insured because of payments we make for "bodily injury ", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions LG 32 37 09 07 Page 6 of 9 This insurance does not apply to: 1. Any premises or equipment leased to you. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 14. - ADDITIONAL INSURED STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Section II Who Is An Insured is amended to include as an additional insured any state, municipality or political subdivision with respect to any operations performed by you, or on your behalf, for which the state, municipality or political subdivision has issued a permit However, this insurance does not apply to: 1. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; or 2. Any "bodily injury" or "property damage" included within the "products - completed operations hazard ", except when required by written contract or agreement initiated prior to loss; or 3. Bodily injury, property damage or personal and advertising injury, unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION LESSOR OF LEASED EQUIPMENT A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment when you and such person or organization have agreed in a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. There is no coverage for the additional insured for bodily injury , property damage or personal and advertising injury arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured. A person s or organization s status as an additional insured under this endorsement ends when the agreement with you for such leased equipment ends. B. Waiver of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. C. Other Insurance LG 32 37 09 07 Page 7 of 9 This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 16. - KNOWLEDGE OF OCCURRENCE Subparagraph 2.a., b. and c. of Condition 2. Section IV Commercial General Liability Conditions are amended to add the following: As used in this paragraph, the word you refers to an executive officer , partner, member or legal representative, and any other employee with insurance or risk management responsibilities. Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Paragraph 6. of Section IV Commercial General Liability Conditions is amended to add the following: Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by this policy will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. Item 18. - BODILY INJURY REDEFINITION The definition of "bodily injury" in Section V - DEFINITIONS section is replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish, which results at any time from such physical harm, physical sickness or physical disease. Mental anguish means any type of mental or emotional illness or distress. Item 19. - MOBILE EQUIPMENT REDEFINITION Paragraph 12. f.(1) (a), (b) and (c) of Section V Definitions does not apply to self - propelled vehicles of less than 1000 pounds gross vehicle weight. Item 20. - SUPPLEMENTARY PAYMENTS Section I - Coverages, Supplementary Payments - Coverages A and B, item 1. b. and 1, d., respectively, are replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. LG 32 37 09 07 Page 8 of 9 Item 21. - LIBERALIZATION Section IV - Commercial General Liability Conditions is amended to add the following: 10. Liberalization If we adopt a change in our forms or rule which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. This endorsement is executed by the Wausau Underwriters Insurance Company Premium f Included Effective Date 03/01/12 ExpintionDate 03/01/13 For attachment to Policy No. YVJ -Z91- 458727 -012 Audit Basis Flat Issued To DMS Faciliry Services, LLC, etal Countersigned by Issued Sales Office and No. 02/28/12 San Ramon, CA LG 32 37 09 07 Page 9 of 9 S016785 ie !W CERTIFICATE OF LIABILITY INSURANCE DAT3 /15/2013 ) 3/15/2013 THIS CERTIFICATE 15 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not Confer rights to the ..certificate holder In lieu of such endorsement(s). PRODUCER Commercial Lines — 800- 868 -8834 Wells Fargo Insurance Services USA, Inc, CONTACT Kimberly S. Rooney PHONE 704- 553 -6464 F'ix 866- 332 -3051 C-No £ AIC No - EMAIL s.roone l b kimer wellsfar o.dom 9 ADDRESS: kimberly.s.rooney@wellsfargo.com 6100 FaINIeW Road _ .INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hartford Accident and Indemnity Company 22357 Charlotte, INC 28210 INSURED Strategic outsourcing, Inc. R ' _ INSURER B: $ _ INSURER C: COMMERCIAL GENERAL LIABILITY PO Box 241448 - INSURER 0: _ INSURER E: DAMAGERENTED. PREMISESS . (—RENTED occurrence Charlotte, INC 28224 1 INSURER F: $ COVERAGES CERTIFICATE NUMBER: b/43571 REVISION NUMBER: Rca hAl,,., 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. _F_ INSR LTR TYPE OF INSURANCE DDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP M IDDIN'YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGERENTED. PREMISESS . (—RENTED occurrence $ MED ENE (Any one person) $ CLAIMS MADE L—I OCCUR E RV GENERAL AGGREGATE $ �Lrc„J'0 pry �J '°'� GEN'L AGGREGATE LIMIT APPLIES PER: POLICY. PE� LOC PRODUCTS - COMPIOP AGO $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON- OWNED AUTOS -cc°p \.-1S� L n 51�it7n\Tt G\ (AS. r-^'.. j 0 �� �ttQi it y COMBINED SINGLE LIMIT Ea accident) $ BODILY INJURY (Par parson) $ BODILY INJURY (Per accident) — -- $ PROPERTY DAMAGE _(Per accident) $ UMBRELLA LIAR .00CUR EACH OCCURRENCE $ _ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEO RETENTION$ _ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE D OFFICEWMEMBER EXCLUDED? NIA 22WBRG30377 03/01/2013 03/01/2014 X WGSTATU OTH- TORY LIMI S ER EL EACH ACCIDENT _ § 1 000,000 E L DISEASE EA EMPLOYEE § 1 000,000 (Mandatory in NH) If yes describe under - DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) APPLIES ONLY TO DMS. FACILITY SERVICES LTC EMPLOYEES WHO HAVE BEEN ASSIGNED. TO STRATEGIC OUTSOURCING INC PURSUANT TO THE TERMS A FULLY EXECUTED SERVICE AGREEMENT. :RE:LANDSCAPING - CGF DO 37 04 05 FAX: 626- 305 -8581 CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES. BE CANCELLED BEFORE PO BOX 1988 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 1N ACCORDANCE. WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA (M -30) - ,ANTA ANA CA 92702 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) DMSFA -1 OP ID: KU 144c"l20 1. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODNYW) 02/22113 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 e — PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. !ORTANT: If the certificate holder is an ADDITIONAL INSURED, the polioy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to 'the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), - - - PRODUCER Phone: 714- 327 -1400 Andr14ini &Company -South Coast License 0208825 Fax: 714- 327 -1499 One MacArthur Place, Suite 100 South Coast Metro, CA 92707 CONTACT NAME: - PRONE FAX AIC'NO Ex[); "AIC No l: E -MAIL - ADDRESS: X. YVJZ91458727013- INSURER(S) AFFORDING COVERAGE NAICA INSURER A : Wa4SaU underwriters Ins. Co. 26042 PREMISES Ea occurrence INSURED pMS Landscaping DMS Facility Services, LLC 417 E. Huntington ,Drive INSURER B: $ EXCLUDED INSURER c $ 1,000,000 INSURER o: Monrovia, CA 91016 INSURER. E GENL AGGREGATE LIMIT APPLIES PER: JECT POLICY X' PRO- LOC PRODUCTS COMPIOP AGG INSURER F: - $ COVERAGES - CERTIFICATE NUMBER: REVISION NUMBER: THIS YS 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 DL BUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR -' X. YVJZ91458727013- 03/01/13 03/01/14 EACH OCCURRENCE $ 11000,000 PREMISES Ea occurrence $ 100,000 LED EXP(Any one person) $ EXCLUDED PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: JECT POLICY X' PRO- LOC PRODUCTS COMPIOP AGG $ 2,000,000 - $ ?AUTOMOBILE X LIABILITY ANY AUTO OWNED X. SCHEDULED ALL U TOS AU AUTOS NON-OWNED HIRED AUTOS X AUTOS ASJZ91458727033 - 03/01/13 03/01/14 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Par accident ) $ X PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? '❑ (Mandatory in NH) Yyes describe under DESCRIPTION OF OPERATIONS below NIA WC BTATJ- 0TH - T RY ?MIT ER E.L. EACH ACCIDENT $ E.L. DISEASE. EA EMPLOYEE $ E L DISEASE PGLICY LI..T $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) SEE ATTACHED HOLDER NOTES u ZK l IT n.A I Z n UL:U❑ K - -I:ANL:tLLAI PUN SANSANI 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 Attn: Robert Carroll 20 Civic Center Plaza (M -30) AUTHORIZED REPRESENTATIVE P.O. Box 1986 ACORD 25 (2010105) © 1988.2010 The ACORD name and logo are registered marks of ACORD All rights reserved 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): Location(s) Of Covered Operations As specified in a written agreement which is signed in advance of the "occurrence" or offense for which the additional insured seeks coverage. 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 B. 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 impart, by: 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) desig- nated above. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or " property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on be- half of the additional insured(s) at the location of the covered operations has been completed; or CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. This endorsement is executed by the Wausau Underwriters Insurance Company Premium $ Included Effective Date 03/01113 Expiration Date 03101/14 For attachment to Policy No. YVJ -Z91- 458727 -013 Audit Basis Flat Issued To DIMS Facility Services, LLC,etal Issued 02/28/12 Countersigned by Authorized Representative Sales Office and No. San Ramon, CA End, Serial No. 1 Page 2 of 2 © ISO Properties, Inc., 2004 CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Opera- tions As specified in a written agreement which is signed in advance of the "occurrence" or offense for which the additional insured seeks coverage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". This endorsement is executed by the Wausau Underwriters Insurance Company Premium $ Included Effective Date ]3101113 Expiration Date 03101114 For attachment to Policy No. YVJ -Z91- 458727 -013 Audit Basis Flat Issued To EMS Facility Services, LLC, etal Countersigned by Authorized Representative - Issued Sales Office and No. End. Serial No. 2 02 -11 -13 San Ramon, CA CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy Number: Yv,1.Z91- 458727 -013 Insured: DMS Facility Services, LLC, etal Issued by: Wausau Underwriters Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NON- CONTRIBUTORY— SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: As specified in a written agreement which is signed in advance of the "occun-ence" or offense for which the additional insured seeks coverage. ° If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule that is an additional insured on this policy, this policy will apply solely on the basis required by such written agreement If the applicable written agreement does not specify on what basis the liability insurance will apply, this insurance shall be excess over any other valid and collectible insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis. Condition 4 Other Insurance of Section IV is revised accordingly, LID 24 10 06 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 DMSFA -1 OP ID: KU CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIF16ATENUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DATE 01123/2014 0112312014l 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 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 Phone: 714- 327 -1400 Andreinl & Company -South Coast License 0208825 Fax: 714- 327 -1499 One MacArthur Place, Suite 100 South Coast Metro, CA 92707 NAMEACT PRONE FAX Ac No Ext: ac No: EMAIL AoDRESS: INSURERS AFFORDING COVERAGE NAIC k INSURERA: Wausau Underwriters Ins. Co. 26042 INSURED DMS Landscaping DMS Facility Services, LLC 417 E. Huntington Drive Monrovia, CA 91016 �1 �. `6Oj I -lLf p -20 -lix A- mtaa cgw INSURERS: 03/01/2013 INSURER C: EACH OCCURRENCE INSURER D: -TARAOT TO PREMISES RENT occurreD INSURER E: MED EXP (Any one person) I INSURER F: PERSONAL &ADV INJURY COVERAGES CERTIF16ATENUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE AD iNqP POLICY NUMBER POLICY EFF MMIDO/YVVV O P MMI00/Y LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR X 20 Civic Center Plaza YVJZ91468727013 03/01/2013 03/0112014 EACH OCCURRENCE $ 1,000,000 -TARAOT TO PREMISES RENT occurreD S 100,000 MED EXP (Any one person) $ EXCLUDED PERSONAL &ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 G 1 AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOG JECT PRODUCTS - COMPIOP AGO $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO X ALL OWNED X SCHEDULED AUTOS X HIRED X NON -OWNED AUTOS ASJZ91458727033 03101/2013 03/01/2014 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Peraccidenl) $ PROPERTY DAMAGE Per accident $ UM BRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE 0 4 p� L / EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORMARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA o- w .„.M "^""� "� 470' '1_1S(A E' t Cl PS`+ +Irian F�vI,� AttOYne) y "�� WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L, DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) THIS CERTIFICATE SUPERSEDES & REPLACES CERTIFICATE DATED 2/22/13 SEE ATTACHED HOLDER NOTES CERTIFICATE HOLDER CANCELLATION SANSANI 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 Attn: Purchasing Department 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: YVJZ91458727013 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 The City of Santa Ana, it's officers, employees, All Operations of the Named Insured agents, and representative Information re wired 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. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 1 That portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © ISO Properties, Inc., 2012 Page 1 of 2 ❑ POLICY NUMBER: YVJZ91458727013 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Santa Ana, its officers, employees, agents, and representative All operations of the Named 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to required by a contract or will pay on behalf of the amount of insurance: the additional insured is agreement, the most we additional insured is the 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © ISO Properties, Inc., 2012 CG 20 10 04 13 Policy Number: YVJ -z91- 458727 -013 Insured: DMS Facility Services, LLC, eta[ Issued by: Wausau Underwriters Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: As specified in a written agreement which is signed in advance of the "occurrence" or offense for which the additional insured seeks coverage. If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule that is an additional insured on this policy, this policy will apply solely on the basis required by such written agreement If the applicable written agreement does not specify on what basis the liability insurance will apply, this Insurance shall be excess over any other valid and collectible insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis. Condition 4 Other insurance of Section IV is revised accordingly. LD 24 10 06 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policynumber YVI -Z91- 458727 -013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Notice of Cancellation or Coverage Change Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by the Coverage Part, we agree to mail prior written notice of cancellation or material change to the name and address shown in the schedule. Name Schedule Address Nbr. of days advance notice The City of Santa Ana, it's officers, employees, Attn: Purchasing Deparhrnent agents, and representative 20 Civic Center Plaza 30 Santa Ana, CA 92701 GL0200 03 -92 Page 1 of I