Loading...
HomeMy WebLinkAboutUNITED STORM WATER, INC. (2)-2017A-2017-157 AGREEMENT TO PROVIDE SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES THIS AGREEMENT is made and entered into this 20th day of June, 2017 by and between United Storm Water, Inc., a California corporation, (hereinafter "Consultant'), 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 (hereinafter "City"), RECITALS A. On March 20, 2017, the City issued Request for Proposal No. 16-144, by which it sought Contractors to provide Spill Response and Storm Brain Facility Cleaning for the City of Santa Ana Public Works Agency. WW a 'r_, B. Consultant represents that Consultant is able and willing to provide such services .t o ri to the City. r- 0 C. In undertaking the performance of this Agreement, Consultant represents that it is tui g_. knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the patties agree as follows: I. SCOPE OF SERVICES Consultant shall perforin those services as set forth in Exhibit A, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services provided under RFP 16-144, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. For each year of this agreement, and for any extensions exercised under Section 3, the total yearly amount to be expended shall not exceed $250,000.00. 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. 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. Page 1 of 9 3. TERM This Agreement shall commence on the date first written above and continue for two (2) years, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year extensions upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects, If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. Page 3 of 9 (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (t) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from tins Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete -and accurate records with respect -to - - - the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created Page 4 of 9 pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflicts may be finther specified in Certifications — Exhibit C, attached hereto and incorporated in this Agreement, by reference. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Executive Director Public Works Agency Page 5 of 9 and City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: 714-647-5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Consultant: United Storm Water, Inc. Attn: Eduardo Perry, Jr. 14000 E. Valley Blvd. City of Industry, CA 91745 Fax: 626-961-3166 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant 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 -,my party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior Page 6of9 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. 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. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities 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 and as further specified in Certifications — Exhibit C, attached hereto and incorporated in this Agreement by reference. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 9 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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 felly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: � '1 ✓ts�1 J MAMA D. HUIZAR Clerk of the Council Signatures continued on next page CITY OF SANTA ANA TYNTHIA J. KU TZ� Interim City Manager Page 8 of 9 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: w n -tw Jo n M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL ED MOUSAVIPO Executive Director Public Works Agency CONTRACTOR _ "t. Name•:Ed'uardo t5er y Jr. Title:President Page 9 of 9 Exhibit A - Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING RFP NO. 16-144 A. INTRODUCTION AND BACKGROUND: The City desires to engage qualified firms to detect, respond, investigate, and eliminate illegal and prohibited discharges of pollutants, and to maintain and clean the City's storm drain infrastructure. The City of Santa Ana implements a comprehensive program for detecting, responding, investigating and eliminating illegal and prohibited discharges of pollutants. The program establishes a process t1trough which discharges are actively detected and eliminated. In order to be effective, the program has been integrated with the municipal, industrial/commercial, residential and construction inspection programs, so that if a discharge is discovered during an inspection it can be property addressed and eliminated. Discharges are also reported by residents, other local agencies and various departments within the City. Discharges that are discovered as a result of these integrated efforts will be addressed through this agreement, specifically the clean-up element. The main objective in the clean-up operation is to restore the impacted area back to its original state (to the maximum extent practicable) and prevent further environmental degradation. It is important that the clean-up is completed in a timely and cost-effective manner. The work to be performed pursuant to this agreement consists of both scheduled and as needed inspection and cleaning of storm drain facilities (Catch Basins, Storm Drain Inlets, Parkway Culverts, Open Channels, etc.). The scheduled inspections will be performed annually during Dry Season (May 1 — September 30) and monthly during Storm Season (October I — April 30) or as directed after significant storm events. During the Storm Season, cleaning of the Catch Basins with Inserts (Automatic Retractable Screens (ARS) and/or Connector Pipe Screens (CPS)) will be required when they are filled to 40 percent capacity and all other Catch Basins will be cleaned as needed. On an annual basis, 80 percent of all storm drain facilities shall be cleaned and maintained and 100 percent biennial. The City has 1535 Catch Basins, of which, approximately 48% have been retrofitted with Inserts, The actual number of contractors to be selected will depend on the availability of qualified firms, evidenced by the proposal process. B. SCOPE OF SERVICES: A. Spill Response Firm shall be capable of performing the following tasks: City of Santa Ana RFP 16.144 Page Al—1 a. Deploy containment at various points along the projected travel path of the discharge and protect near- by storm drain facilities from contamination, The City shall provide a description of the site and discharge to the best of their ability during the initial request. The contractor shall respond within I hour of initial request. b. Deploy all necessary personnel, equipment and materials to recover the discharge. c. Conduct confined space entry and video camera inspection of storm drain facilities. d. Perform steam/pressure washing of the contarninated area, including storm drain facilities to the satisfaction of the City. e. Take discharge water samples for lab analysis and provide results to the City. f, Provide routine pick-ups of hazardous waste throughout the City and at the City Yard. g, Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (DTSC), the United States Department of Transportation, The Environmental Protection Agency and the EPA -permitted disposal facilities receiving the waste. It. Provide temporary storage, transport and proper legal disposal of recovered discharge. i. Provide an incident report with before and after pictures within I week of performing the work required by this Contact and an annual report of all incidents within 2 weeks alter the end of the City's fiscal year. The City shall provide sample formats for each report. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this Contract. The Contractor must obtain written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. B. Storm Drain Facility Cleaning and Maintenance Firm shall be capable of perfonning the following tasks: a. Perform thorough inspection of all Catch Basins throughout the City and provide an inspection schedule within 7 days of Notice to Proceed, Remove the existing manhole cover and reinstall and fasten the manhole cover whenever unattended. The replacement of missing or damaged screws or bolts shall be at no additional cost and should be noted on the Inspection Report. During Storm Season, Perform thorough inspection of all Catch Basin with Inserts throughout the City within 7 days of each Storm Season month. b. During each inspection, remove all trash and debris found in front of curb opening or on ARS Insert and all vegetation growing across andlor blocking the opening, City of Santa Ana RFP 16-144 Page Al -•2 c. Provide a completed Inspection Report that describes the physical condition of each Catch Basin including but not limited to: 1, Date of Inspection 2, Location (Northing/Easting) 3. Dimensions 4. Identification Number S. Insert Type G. Exterior Damage (Face Plate, Protection Bar, Manhole) 7, Stencil 8. Interior Damage 9. Volume of Trash and Debris (Percentage of Total Capacity) 10. Potential Blockages 11. Vegetation Growing The City reserves the right to add fields to the Inspection Report. The City shall provide sample formats for each report. d. Lock/Open all ARS Inserts prior to Storm Season and unlock (Close) all ARS Inserts prior to Dry Season. Make necessary mechanical adjustments to ensure the functionality of all ARS Inserts, e. Deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from storm drain facilities within 7 days of City's request. During Storm Season, deploy all necessary personnel, equipment aril materials to remove all trash and debris not limited to mud, vegetation and garbage from Catch Basins with Inserts when they are filled to 40 percent capacity within 7 days of the inspection, Upon completion of cleanout operation and prior to leaving, sweep/clear. the top surface and remove all resulting trash and debris within an area of at least 2 feet. No trash and debris is to be left for future pick-up. f Provide temporary storage, transport and proper legal disposal of recovered trash and debris. g. Stencil the "No Dumping, This Drains to Ocean" logo on the top slab of each Catch Basin if it is not already present, or if mark is faded. h. Report illicit connection or discharge not related to this Contract. i. Provide am Annual Report of all inspections and cleaning operations within 2 weeks after the end of the City's fiscal year. The Annual Report shall incorporate all Inspection Reports. The City reserves the right to add fields to the Annual Report. The City shall provide sample formats for each report. Provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Armual Reports. Supporting program and application formats will be provided by the City. City of Santa Ana RPP 16-144 Page Al -3 Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this Contract. The Contractor must obtain written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. C. Flood Control Assistance Under the direction of the City, the firm shall assist with flood control and flooding complaints during storm events. Finn shall be capable of performing the following tasks; a. Mobilize quickly and efficiently to flooded areas and/or historic problem areas under the direction of the City. b. Deploy all necessary personnel, equipment and materials to assist with flood control and flooding complaints. The equipment deployed must have the ability to remove excess water from the public right of way and dislodge stick material in storm drain infrastructure. c. Open ARS Inserts and stone drain manhole covers to facilitate faster drainage of flooded areas. d. Remove all trash and debris not limited to mud, vegetation, and garbage from ARS Inserts and storm drain facilities to facilitate faster drainage of flooded areas. e. Provide catch basin ID numbers and photos of the flooded storm drain infrastructure that was responded to within 7days of City's request. f Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. D. Other Requirements The City of Santa Ana's Sample Agreement is included herein as ATTACHMENT 2. The agreement term will be based on expenditure of funds. The City desires to enter into agreements with up to three (3) selectod firms for an initial two (2) year term with a City option for two one-year extension for a not to exceed amount of $250,000 per year for each film. After awarding the agreements, the City will use a Task -Order system to ensure tasks are equitability allocated to all contractors. Initially, the top three qualified firms will prepare a scope of work and fee for the first task order. Proposals will be evaluated for value, the qualifications of the staff assigned, and the completeness of scope. Once a firm is assigned to a task, that firm will be moved to the bottom of the list to await potential future assignments. The remaining top qualified firms will continue to compete for the subsequent task orders. City of Santa Ana RFP 16-144 Page A1--4 G. Prevailing Wages This agreement is subject to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. Contractors are required to inform themselves fully of the conditions relating to labor under which the work will be pertbrmed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link. htto://www.lir.ca.s;ov/nublie-worl(s/i)ublieworks, htnhl Finn shall provide certified payroll to the City upon invoicing. The City will not process invoices until certified payroll has been provided. F. License Requirements The selected Proposer will at it minimum have a valid Class A General Engineering Contractors' License. The contractor shall list and provide all required City, County, State and Federal ID Numbers/Licenses/Permits related to this Contract, including but riot limited to: - EPA Identification Number - EPA Acknowledgement of Notification of Hazardous Waste Activity - Hazardous Material Transportation License - Hazardous Substances Removal & Remedial Actions Certification - California Contractors State License with "HAZ" Designation - California DMV License with "H" Designation C. PROPOSAL, DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five -percent (5%) of the total proposed annual contract amount of $250,000 shall accompany each proposal, The proposal deposit must be in the form of it bid bond, cashier's check, certified check, bank draft, letter of credit, rust company treasurer's check or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful offerors will be returned upon award ofcontract by the City. The Successful offeror shall supply a performance bond in the amount of one. -hundred percent (100%) of the successfully awarded total annual contract amount of the proposal prior to execution of the agreement. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful offeror fails to execute the written agreement and furnish the required performance bond or to satisfy any other conditions present, within a reasonable time as determined by the City. D. CITY RESPONSIBILITIES 1. Furnish City program for detecting, responding, investigating and eliminating illegal and prohibited discharges of pollutants. 2. Furnish available maintenance records and hot spot areas. City of Santa Ana RFP '16-144 Y Page Al -5 l CONFIDENTIAL m CITY OF SANTA ANA --%MJ.P.E'l%W-bL';-E—A.e';-TORM-DRALRTACIII—TY CLEANING RFP NO. 16-144 14000 E. Valley TABLE OF CONTENTS ABOUT UNITED Rage No. Work Performed 3 Licenses & Permits- Attachment A 5 Transportation Equipment List -Attachment B 6 • Additional Equipment List 7 • Traffic Control Equipment List 6 RATES Operated Equipment 9 Unoperated Equipment 11 • Traffic Control Equipment 11 • Personnel/Emergency Response Units 11 • LoadinglExcavating Equipment 11 • Coring/Sampling Equipment 12 Personnel 13 Unoperated Equipment, Miscellaneous 14 Unoperated Cleaning Equipment 16 Unoperated Safety Equipment 17 Rental Equipment 16 Disposal Charges 18 Laboratory Charges 18 Consumables 19 Outside Service Charges & Equipment 21 +'N TYPES QF MATERIALS HANDLED United is licensed to remove and transport most categories of hazardous materials, excluding radioactive materials, explosives, and pressurized oxidizing gases such as Fluorine, Chlorine, as well as Anhydrous Ammonia. CAPABILITY $ EXPERIENCE IN THF�HANDLING OF HAZARDOUS MATERIALS Since 1970 United has had experience in the handling of hazardous materials on a daily basis. Our entire spill crew is trained in procedures relating to the safe handling of hazardous materials, is medically monitored, and has been trained and certified in the use of respiratory protection, confined space entry, and CPR. United owns substantial equipment commonly used in performing emergency spill cleanups. This includes a complete range of vacuum trucks, roll -off trucks, loaders, washing equipment, safety equipment and the like. PERMITS/LICENSES FOR HANDLING_ DI POSAL OF HAZARDOUS MATERIALS See Attachment A TYPES OF EQUIPMENT OWNED BY UNITED See Attachment B ANALYTICAL FACILITES FOR ONSITE IDENTIFICATION OF SUBSTANCES United has the capability to determine ignitability, corrosiveness, certain reactability parameters, etc., onsite by way of Hazcat (TM) test method. We also have analytical chemists available if/as required. LABORATORY CAPABILITIES Extensive and elaborated analysis is available with several prominent EPA and CAL -EPA approved commercial laboratories. DISPOSAL CHARGES Disposal fees are billed to the customer at cost plus 20% Service Charge, HA GE All charges are computed on a portal to portal basis from our City of Industry Terminal. A four hour minimum applies to all equipment and personnel called out. HOLIDAYS On the following holidays there will be an additional charge of $50,00 per man hour. Now Year's Day President's Day Memorial Day Fourth of duly Good Friday Veteran's Day SPECIAL NOTES Labor Day Thanksgiving Day Day after Thanksgiving December 24th Christmas Day + Repair or replacement costs shall be charged for equipment damaged by customer, Minimum charge of four (4) hours is applicable to all equipment and personnel. All personnel are radiolcell phone equipped, Terms are not 30 days with approved credit otherwise C,O.D is required, Service Charge of 1.5 % is charged against past due accounts, ATTACHMENT A LICENSES & PERMITS United is in full compliance with A.B, 718 registration of liquid waste carried with the State Water Resources Board and the State Department of Health Hazardous Waste Regulation. Ynited Pumping Service • Hazardous Waste Transporter Registration Number: 0063 • EPA Identification Number: CAD072953771 • California General Engineering Contractor: Class A License No. 617639 • Cal EPA/DTSC Transportable Treatment Unit Under Conditional Exemption: UPSDW1 • Hazardous Substance Removal & Remedial Actions Certification: License No. 617639 • Demolition Contractor: License No. 617639 • Traffic Control Contractor: License No. 617639 • SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company: Plan ID 576918 • OSHA Trench and/or Excavation: Permit No, 2015-904435 • Contractor State License Asbestos Certification: License No. 617639 Unitegd Storm Water • Hazardous Waste Transporter Registration Number: 4034 • EPA Identification Number: CAR000064931 • California General Engineering Contractor: Class A License No, 768583 • Cal EPAIDTSC Transportable Treatment Unit Under Conditional Exemption: USWDW1 • SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company: Plan ID 626397 • OSHA Trench and/or Excavation Permit Number: 2015-906094 5 ATTACHMENT B TRANSPORTATION EQUIPMENT LISTING 6 each 120 Barrel Mild Steel Vacuum Tankers 13 each 120 Barrel Stainless Steel Vacuum Tankers 2 each 60 Barrel Stainless Steel Vacuum Tankers 3 each 50 Barrel Stainless Steel Vacuum Tankers 2 each 120 Barrel Lined/Flberglass Vacuum Tankers 1 each 142 Barrel Stainless Steel 3 -Compartment Tanker 6 each 48' Enclosed Vans (drum hauling) 5 each 48' Drop Deck Trailers 9 each Vactor Trucks, Wet/Dry (4500.7500 C.F.M.) 3 each Vector and Jetter Combo Trucks, Wet only 12 each Vactron Trucks 9 each Semi -End Dumps, Demo pumps (swinging back door) 11 each Rall -Off Truck & Trailers 7 each Emergency Response Utility Trucks with Lift Gate 24 each Stakebed Trucks with Liftgate Hydraulic Hoists & Arrow Boards 16 each Pick -Up Trucks 1 each Bio Trailer 6 ADDITIONAL EQUIPMENT Minnie Excavator Open Qty 720 each Roll -Off Bins (10 to 40 cu yd capacity, dry waste and lined dewatering bins) 20 each Portable Liquid Storage Tanks (2,000 to 10,000 gal capacity) 12 each Various Washing Equipment & Pressure Washers (3,000 psl) 5 each Hydrotech High Pressure Heated Wash Units 8 each Generators (10 K and 6.5 K) 8 each Air Compressors (160-180 CFM) 2 each Plasma Cutters 5 each Acetylene Units 8 each Forklifts (4,000 lbs thru 12,000 Ibs) 1 each Kabota 4WD Tractor Front End Loader and Accessories 1 each 950 Cat Loader with Enclosed Cab 1 each 446 Cat Backhoe, (Including breaker & compactor attachments) Buckets available— 36" smooth, 21" & 15" with teeth 2 each 853 Bobcat -Loader (including breaker, sweeper & grappler attachments) 1 each Minnie Excavator Open Qty Safety Gear (Cascade Breathing Air Systems SCBA's, Protective Clothing, P.P.E.) 2 each Drum Crushers 10 each Wilden M-8 Pumps to M-15 Pumps 6 each Jetter Units (Towable) 4000 psi Pressure Washer 4 each Six (6) Person Air Purification Panels Misc. United has 24 hour access to any rental equipment in the marketplace, P TMEFtC CONTROL EQUIPMENT 12 each Flood Lights with Generators 12 each Arrow Boards, Trailer Mounted with Generators 3000 each Reflective Traffic Cones, CatTrans Approved 250 each Delineators, CalTrans Approved 150 each Barricades with CalTrans Approved Warning Lights Type A, B, & C 200 each Associated Construction Signs with Changeable Lettering Features 6 each Stakebed with Truck Mounted Crash Cushions (TMCCJ) (Attenuater or Shadow Trucks) RATES OPERATED EQUIPMENT— INCLUDES OPERATOR — INCLUDES ALL FUEL AND INSURANCE FEES ITEM Nig. EQUIPMENT RATE '"NOTE. Overtime =Rate Plus $20.001hr Holiday= Rate Plus $50.00/hr ***** 101 Vacuum Truck, 50 BBLS Mild Steel $ 97,20 102 Vacuum Truck, 50 BBLS Stainless Steel $ 99.60 103 Vacuum Truck, 120 BBLS Mild Steel $ 99.60 104 Vacuum Truck, 120 BBLS Stainless Steel $106.80 114 Vacuum Truck, 120 BBLS Fiberglass Lined $138.00 107 Vacuum Truck, 142 BBLS 3•Compartment Stainless Steel $141,60 119 Water Truck $ 97.20 108 45' Enclosed Van $ 99.60 109 48' Drop Deck $ 99.60 110 End Dump Truck $10$.00 131 Dump Truck 2•Axie $ 94.80 111 Roll -off Truck $ 99.60 112 Roll -off Truck & Trailer (Tandem) $106.80 115 VaclorlGuzzler $ 180.00 161 VactoriGuzzler-Nigh Dail $195,60 117 Combo Vactor/letter Truck $ 2040 124 Vaotron $102.00 1128 Tractor for Spill Response Trailer (mobilization & demobilization) $ 93.60 4 OPERATED EQUIPMENT— INCLUDES OPERATOR— INCLUDES ALL FUEL AND INSURANCE PEES ,CONTD. ITEM NO. EQUIPMENT RATE ` NOTE: Overtime= Rate Plus $20.00/hr Holiday= Rate Plus $60.00/hr ""' 495 Mini -Me 125 Cushion Truck 11.6 Backhoe/Cat 960 Loader Transport 604 Overnight Demurrage on Vacuum Tanker 604A Overnight Demurrage on End Dump or Dry Van NOTES: $ 99.60 $123.60 $136.60 $250.00/day $ 50.00/day + Prevailing Wage Surcharge $ 40.00/hr When Prevailing Wage Rates or Davis Bacon Wage Rates apply there will be an additional charge of $40.00 per hour for all personnel and/or operated equipment, + Overtime: Applies to vehicles listed above during any period worked in excess of 8 hours per day Monday through Friday and from Friday Midnight through Sunday Midnight • Holidays are listed on Page 4 • All charges are computed on a portal to portal basis from our City of Industry Terminal. • A four hour minimum applies to all equipment and personnel called out. 10 UNOPERATED EQUIPMENT—OPERATOR BILLED SEPARATELY ITEM NO, EQUIPMENT RATES 202 446 Backhoe V TRAFFIC CONTROL EQUIPMENT Backhoe Breaker or Compactor Attachment 127 Arrow Board $ 60,00/day 128 Traffic Cones $ 1.00/day/ea 129 Traffic Signs $ 6.00/day/ea PERSONNEL(EMERGNGY REPONSE UNITS —INCLUDES ALL FUEL AND INSURANCE PEES Bobcat Loader Auger Attachment 152 Pickup Truck $ 24.00/hr 153 Utility Truck (E,R.) $ 48.00/hr 154 Company Auto $ 21.601hr 155 Stakebed'rruck W/Litigate $ 42A0/hr 1556 Stakebed Truck W/Liftgate (40 Mile Radius) $ 250.00iday 157 Biowaste Trailer $ 200,00/day 120A 60' Incident Response Trailer $ 900.00/day 120E 36' Incident Command Center Trailer $ 800.00/day LOADING/EXCAVATING EQUIPMENT 201 950 Loader $125.00/hr 202 446 Backhoe $ 75.00/hr 203 Backhoe Breaker or Compactor Attachment $ 425.00/day/ea 197 Excavator (Cat 330) $ 145.00/hr 268 Mini Excavatorwith Trailer $ 65.00/hr 204 Bobcat Loader with Trailer $ 55,00/hr 205 Bobcat Loader Auger Attachment $125.00/day 11 UNOPERATED EQUIPMENT — OPERATOR BILLED SEPARATELY, CONTO. ITEM NO. EQUIPMENT RATES 206 Bobcat Loader Sweeper Attachment $125.00/day 207 Bobcat Loader Backhoe Attachment $175.00/day 198 Bobcat Loader Grappler Attachment $125.00/day 208 Bobcat Loader Breaker Attachment $ 200,00/day 211 Shovel, push broom, squeegee, or scraper $ 5.00/day 225 Wheelbarrow $ 13.00/day CORINGISAMPLING EQUIPMENT 264 Concrete Coring Machine (6" max. dia,) $'150.00/day 265 Hand Auger Kit (excluding brass sleeves) $150.00/day 266 Brass Sample Sleeve $ 5.00/ea. 1.2 PERSONNEL ITEM NO. STAFF POSITION ****** NOTE. Overtime = Rate Plus $10.00/hr Doubletime = Rate Plus $32A0/hr ***** 300 Environmental Safety Coordinator 301 Supervisor 3011 Equipment Operator 302 Technician 304 Administrative Clerk 305 Chemist/Industrial Hygienist 306 Project Manager 520A 0sha Required Confined Space Rescue Trained Specialist 520 Confined Space Gear NOTES: $ 75.00 $ 52,00 $ 52.00 $ 47.00 $ 42,00 $195,00 $ 57,00 $ 97.00 $350.00/per/crew • Prevailing Wage Surcharge $ 40.001hr When Prevailing Wage Rates or Davis Bacon Wage Rates apply there will be an additional charge of $40.00 per hour for all personnel and/or operated equipment. • Straight Time: The first 8 hours worked between 7:00 a.m. and 5:00 p.m., Monday through Friday. • Overtime; Any period worked more than 8 hours and less than12 hours between 7;00 a.m. and 5:00 p.m. Monday through Friday; any period prior to 7;00 a.m, or after 5:00 p.m. Monday through Friday; and the first 12 hours worked on a Saturday. • Double Time: Any period worked in excess of 12 hours Monday through Saturday and all of Sunday, • All charges are computed on a portal to portal basis from our City of Industry Terminal. • A four hour minimum applies to all equipment and personnel called out. 13 UNOPERATEO EQUIPMENT w MISCELLANEOUS ITEM NO, EQUIPMENT RATES 213 Forklift (4000 thru 6000 lbs. capacity) with Trailer $ 295.001day 217 110.150 CFM Air Compressor $160.00/day 2178 375 CFM Air Compressor $ 250,00/day 255 9,2 CFM Air Compressor $140.00/day 218 Extension Ladder 28' $ 78.00/day 219 Folding Ladder 32' $ 65.00/day 220 Folding Ladder 8' $ 35.00/day 256 Plasma Cutter $175.001day 221 Cutting Torch $ 150.001day 222 Chain Saw (16") $ 70.00/day 226 Miscellaneous Tools (ropes, buckets, wrenches) $ 40.00/day 228 Concrete Saw (includes 1 -blade) $120.001day 228A Concrete Saw Additional Blade $ 45.00/ea 267 Gas Cut Off Saw $100.00/day 267A Gas Cut Off Saw Additional Blades $ 45.00/ea 229 Hydraulic thrum Turner $ 2%00/day 230 Gasoline Soil Tamper $ 45.00/day 231 Jack Hammer (electric) $100.00/day 232 Jack Hammer (air activated) $ 80.00/day 233 Rivet Buster/Chipper (includes 1 bit) $ 70.00/day 234 Rivet Buster/Chipper Extra Bits $ 15.00/ea 235 Rotary Hammer $ 80,00/day 240 Hazcat Test $ 55.00/test 14 UNOPERATED EQUIPMENT— MISCELLANEOUS, CONTD, ITEM NO. EQUIPMENT RATES 241 Hazcat Kit $175.00/day 236 Rall -About Tool Box (includes assorted tools) $ 260.00lday 237 SawzallISkili Saw $ 60.00/day 237A Sawzall/Skill Saw Extra Blade $ 14.00/ea 210 10 K Generator $ 90.00/day 243 3.6 K Generator $ 75,OOlday 245 3 Inch Trash Pump $ 90,00/day 246 Wilden M Series Diaphragm Pump $ 100.00/day 248 1 Yl' Submersible Pump $ 75.00/day 842 Disposable Hand Pump $ 64.00/oach 260 Bypass Plug 1 %"-4" $110.00/week 261 Bypass Plug 4'/d'-12" $140.00/week 262 Bypass Plug 13"-24" $ 300.00/week 263 Bypass Plug 25"»40" $ 530.00/week 839A Magnetic Patch.. Small $ 500.00/day 839B Magnetic Patch- Large $1,000,00/day 250 Auxiliary Lighting — Excluding Power Source $ 75.00/day/ea 251 Portable Light Plant $ 160.00/day 257 Fire Hose 50'x 2'/z' $ 30.00/day 258 Discharge Flose 25'x 3" $ 40.00/day 15 UNOPERATED CLEANING EQUIPMENT ITEM NO. EQUIPMENT RATES 489 Jetter Unit, Towable (4000 psi) $ 70.001hr 468 Hydrotech High Pressure Wash Unit $ 55,001hr 488A Hydro -Dig Attachment $ 200,00/day 402 Steam Cleaner $ 35,00/hr 411 Pressure Washer- Hot Water (3600 psi) $175.001day 209 Pressure Washer (2500 - 3000 psi) $175.00/day 403 Mercury Vacuum (Hope Vac) $150.001day 412 Wet Ory Vacuum .-16 gal $ 35.001day 413 Dustless Bead Blaster, Walk Behind (media not included) $ 75.001hr 414 Hard Boom $ 6.001fUday 16 ITEM UNOPERATED SAFETY EQUIPMENT NO. EQUIPMENT RATES 600 Bottled Air, 300 cu. ft, Cylinder $ 90.00/day 501 Self -Contained 60 Minute Scott Air Pack $ 120,00/day 502 Extra 60 Minute Scott Air Cylinder $ 60.00/day 505 300 Cubic Feet or 60 Minute Cylinder Recharge $ 65,00/ea 507 Hazardous/Acid Suit (Level A) $ 225.00/day 506 Hazardous Suit (Level B) $ 85.00/day 609 Positive Pressure Mask W/Egress & Air Line $ 55.00/day 409 Tripod Manlift $ 45.00/day 510 Lifeline & Safety Harness $ 50.00/day 404 Air Gas Monitor $ 90.001day 611 Dual Cartridge Half -Face Respirator $ 20.00/day 512 Dual Cartridge Full -Face Respirator $ 35,00/ea 837 Respirator Cartridge $ 20.00/ea 408 Air Blower (Electric) $ 35.00/day 416 Venturi Air Blower (air compressor not included) $140.00/day 405 Draeger Tester Pump $ 30.00/day 407 Draeger Test Tubes $ 15,00/ea 520D Pre & Post Lead Exposure Blood Test $ 75.00/ea 17 ITEM RENTAL EQUIPMENT RATES NO. 600 Roll-off.Bin Rental, 10-15 Yard Bins $ B.00lday 600A Dewatering Bin Rental $ 25.00/day 601 Roll -off Bin Rental, 2040 Yard Bins $ 12.00lday 857 Roll -off Bin Liner: Plastic $ 30.00lea 868 Bin Dewater Liner: Fabric (130 micron) $ 225.00/ea 606 Portable Black Iron Tank Rental, Skid Mounted (7500— 10000 gal) $ 20.00lday 603 Rolloff Bin Delivery (40 mile radius) $ 250,00/ea 604 Overnight Demurrage on Vacuum Tanker $ 300.OQlday 604A Overnight Demurrage on End Dump or pry Van $100.00/day 605 Ramp Rental $ 20,00/pair/day 605A Towable Ramp Rental $100.00/day DISPOSAL CHARGES 700 Disposal Fee Cost Plus 0% 701 Disposal Service Charge Cost Plus 20% 702 Washout Fee, Hazardous Waste $ 200,00/ea 702A Washout Fee, Non -Hazardous Waste $135.00/ea 7026 Facility Washout Fee Cost Plus 20% LABORATORY CHARGES 859 Laboratory Analysis Cost Plus 20% 703 U.P.S profile charge (Administrative) $ 60.001ea 18 ITEM CONSUMMABLES NO, RATES 798 Cement — Regular (90 Ib. bag) $ 13.00/e8 799 Cement— Ready Mix (60 Ib. bag) $ 8.00/ea 801 Rubber Gloves $ 6.50/pair 846 Gloves — Viton (far PCBs) $ 90,00/pair 800 Disposable Tyvek Suit $ 12.001ea 827 Disposable Tyvak Suit (Poly) $ 18.00ioa 849 Sigel Suit (Acid Suit) $ 60.00/day, 848 Rain Gear — Heavyweight $ 22,00/ea 851 P.P.E. (gloves, tyvek, and respirator) $ 50.001day/person 803 Absorbent (Superfine) $ 10.001bag 805 Sorbent Pads $100.00/bale 806 Sorbent Booms (3" or 4" diameter) $ 200.0011bale 808 95 -gallon Overpack Poly Drum (new) $ 260.00/ea 808A 95 -gallon Overpack Poly Drum (reconditioned) $160.00/08 809 85 -gallon Overpack Drum (reconditioned) $125.00/ea 814 55rgallon D.O.T, Poly Drum Open Top (new) $ 70.00/ea 810 55 -gallon D.O.T. Poly Drum Open Top (reconditioned) $ 50.00/ea 811 55 -gallon D.O.T. Poly Drum Closed Top (reconditioned) $ 45,00/ea 819 30 -gallon D.O.T. Poly Drum Open Top (new) $ 65.001ea 812 30 -gallon D.O.T. Poly Drum Open Tap (reconditioned) $ 53.001ea 818 15 -gallon Poly Drum $ 35.00/ea 807 85 -gallon Overpack Steel Drum (reconditioned) $125.00/ea 19 ITEM NO. CONSt1MMABLES, CONTD. RATES 802 275 -gallon D.O.T. Poly Tote $ 275.00/ea 813 55 -gallon D.O.T. Steel Drum (reconditioned) $ 45.001ea 820 55 -gallon D,O.T, Fiber Drum (reconditioned) $ 50.00/ea 820A 55 -gallon D.O.T, Fiber Drum (new) $ 76.001ea 815 30 -gallon D,O.T, Fiber Drum $ 70.001ea 816 20 -gallon D.O.T. Fiber Drum $ 50.00/ea 817 5 -gallon D.O.T. Pail (with snap/screw lid) $ 26.00/ea 853 Super Sack $ 65,00/ea 855 Cubic Yard Box With pallet $140,001ea 821 Soda Ash $ 2.00/lb 822 Citric Acid $ 5.00111 824 Caustic Soda (flake) $ 2,2511b 820 Caustic Soda (bead) $ 7.601lb 825 Vermiculite $ 50.001bag 826 Sample Tubes (glass) $ 4.50/ea 831 Harris Caution Tape $ 35.00/roll 832 Duct Tape $ 12.00/roll 833 Plastic Sheeting $ 68.00/roil 834 Plastic Bags (heavy duty) $ 1.001ea 835 55 -gallon Drum Liner $ 5.00/ea 836 20" Stretch Film (shrink wrap) $ 70.00/roll 837 Respirator Cartridge $ 20.00/ea 020 ITEM NO. CONSUMMABLES, CONTR. RATES 838 Hazardous. Waste Labels $ 0.75/ea 839 Patch Kit $ 40A01ea 840 Sample Jar $ 6,001ea 841 Rags (box) $ 55.00/box 841A Rags (halt box) $ 30.001'/2 box 843 Subsistence: No Layover (8 hr. period) $ 12.001moallmon 844 Subsistence: With Layover $130,00/rnan 845 Portable Eyewash $ 26.001day 856 Chlor -D -Teets $ 31.00/ea 857 Roll Off Bin Liner: Plastic $ 30.00/ea 858 Hudson Sprayer $ 37.00/ea 868 Bin Dewater Liners: Fabric (130 micron) $ 226.001ea 863 Kleen Green I Simple Green $ 12,00/gal 865 Sand Beg $ 4.00/ea 866 Disposable Flex Hose — 6" $ 2.25/ft 867 Disposable Flex Hose -4" $ 1.50/ft 439 Neozyma $ 55.00/gal 876 Gold Crew $ 55.00/081 ITEM OUTSIDE SERVICES OR EQUIPMENT RENTAL RATES NO. 871 Outside Services or Equipment Rental Cost Plus 20% 21 Exhibit C Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT _ CGItTINCATIONS NON -COLI USION AFIFIDAVI'r (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPAR'T'MENT OF PUBLIC WORKS In accordance witli Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refl•ain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constifute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County o1' Los Angeles Subscribed and sworn to (or affirmed) before the on this "x) day of April 2017, by Eduardo Perry Jr., President , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature lllllan Valdivban a �'� � Comm.42142550 � " � Noary Public Coafornlu o - Los Angeles County r t" � Comm. Exnlree Pebl4, Ze%0 l bEE<,. -- Notary Public Seal City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to tiny person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub 9•ecipients shall certify and disclose accordingly. Firm United Storm Signed and Printed Name: Title Date 5` — City of Santa Ana RFP Page A3-2 xl�tpend AITAHIIFN7f3-°NqN t)DICtIMIyAT)Cl?iCErt�zF�ATIC)N t tltTJkT AWN The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, mid that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, 'the Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. I The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said tabor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all. provisions of Executive Order 1'1246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by odes, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (t) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted Clty of Santa Ana RFP — Page AM by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of Che United States. R. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, of sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Mardo Perry Jr. Title: President Firm: United Storm Water, Inc. Date: City of Santa Ana RPP Page A3-4 Issued in two (2) original counterparts. Performance Bond CONTRACTOR: United Storm Water, Inc. 14000 E. Valley Blvd. City Of Industry, CA 91746 OWNER: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 CONSTRUCTION CONTRACT Date: 06/20/2017 Bond Number: SU 1144801 Premium: $3,750.00 SURETY: Arch Insurance Company 865 South Figueroa Street, Suite 2700 Los Angeles, CA 90017 Amount: x$250,000.00 Two Hundred Fifty Thousand And 00/100 Dollars Description: Provide Spill Response and Storm Drain Facility Cleaning Services Job/Contract No.: Proposal No. 16-144 BOND Date: 06/23/2017 (Not earlier than Construction Contract Date) Amount: $250,000.00 Two Hundred FiftT Thousand And 00/100 Dollars Modifications to this Bond: ® None ❑ See Section 16 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond, CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal.) Company: (Corporate Seal) United Storm Water, Inc. Arch Insu tai cc Compare Signanixe: "� Signatux Name Rob�na r Nune Shaunna Rozelle Ostrom And Title: Secretary/Treasurer and Tide: Attorney -in -Face (An)additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Commercial Surety Bond Agency (Architect, Engineer or otherparzy .) 1411 N. Batavia St., Suite 201 Orange, CA 92867, (714) 516-1232 By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbn.o) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 I the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 if there is no Owner Default tinder the Construction Contract, the Surety's obligation under this Bond shall arise after .1 The Owner fust provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be alloweda reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 when the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner fora contract for performance and completion of the Construction Contract, artangc for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, artange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and., as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 if the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.or) makes this form document available to its members, affiliates, and associates in t Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the. Contractor. § S if the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perforin its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailedor delivered to the address shown on the page on which their signature appears. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Constriction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract § 14.5 Contract Documents. All die documents that comprise the agreement between the Owner and Contractor. 5 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16 1Qodifications to this bond are as follows: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.o) makes this form document available to its members, affiliates, and associates in t Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be madeto the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, State of California County of Orange On 06/23/2017 before me, RILL Urieta personally appeared Shatmna Rmelle Ostrom Notary Public who proved to the on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RUDY URIETA COMM. (12159828 m ^iaa rq Notary PublioCalifornia U) tx DRANI'a F: COUNTY aM� My Comm. bplres1ul 14,2020 I certify under PENALTY OF PER.TURY under the laws of the state of California that the foregoing paragraph is True and correct. WITNESS m hand and official seal. Signature Rudy Urieta Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ MEMBER of LLC Z ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: Performance Bond Title or Type of Document Number of Pages 06/23/2017 Date of Document SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(IES) IIII IIIIIII VIII Bond No.ISIU 114480-1 AIC 0000212768 THIS POWER OFA TTORNEY`JSB�EVA�ID UNLESS I I�I BACKGROUND. - This-Powdf of Attorneylimits thus o�se named herein and th 9 vel 'I�' I Ill l tth rihy to bind the Com -ex in M � Y..Pam.. ceP� manner and to the extent herein stated. Not valid for Mortgage,. Note, Loan, Letter of Credit, Bank Deposit,: Currency Rate, Interest Rate or Residential Value Guarantees, l I OF ATTGFME III luau � I� 1111111 1111111 I I� — Know All Persons By These Presents: That the Arch Insurance Company, a corporation.organized and existing under the laws, of the State of Missouri, having its principal —admin strat-iyc�n Jersey Cit NewIrear ferred to as tin P dI I s SII, appoint ArtarVAyale Dame) Huckabay, Dwi� erg-- fchael Itaneda and Shaw ll�� IR I4,'IIe III lsP o' If range, CA (EACW its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliverfrom the date of issuance of this power for and on its behalf as surety, ansasAts act and deed: MA amkalr undertakings re'I '" V pp1111�h 101 1 t Ill rety obligations�he haft ir[ exceeding Nme�Million Dollars ($90,000,000. 191 IIIIIIIII VIII rill This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar _ limit of authonaZasset forth herein 7 excclanMfticn bonds unci ��,` VIII I�llllilllll ll p a r�gnzaac�and other su I� V ati ¶ irlljI�Il nce of these �att�a� bmf�uiJM-thy said Company illy�amplyto all intents and til, s ellllas i4l Il�me had been dq�exeerfeid Md acknowledged by its regularly elected officers at its principal administrative office in: Jersey City, New Jersey.. This Power of Attorney: is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company �n er ise —201,1 true and acc ellllr�ielsdenl f b are hereinafter se�orth=andjnqXl b� certified to by th�undersiga ao a WHerng full force and�l� , ��VOTED, That the Chairman of the B"rd, t"'e:or the Executive Vice PresiTent, or any Senior Vice Presides ofIffa Surety Business Divisionor their appointees designated in writing and filed: with the Secretary, or the Secretary., shall have. the power and authority to appoint agents and attorneys -in -fact and to authorize them subject to the limitations set forth in their respective powers of attorney, to-execule on behalf of the Compal and attach seal of the Cor lny there o d undertakings recognizances and IIII III III'11 � rrafgok�u ations obligatoryftthA��h�o�aMany such off rs a lappomt agentsJor�ccaptance�f press - � III �� This. Power of Attorney is signed, :sealed and certified by facsimile under and by authority of the following ,resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: fCLTEEI T t�nature of the ai q� hetPresident, orthe Exeeafl �eRwaldent, or an SenorVie -'mss- sides,�f2he�&ft9M ess Division, t p e eQQ ated in wntiru a #ed=git4AIrt� etaryandtarye sea f fhe Compan'i11111111111111 Illle Secretary, maaixeg6ys iue on any power o�trn�y-0Fbod executed pursuant to ,the resolution a opted by the Board. of Directors on September 15, 2011, and .any . such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company. Il�ll,lll�IU'llllllll�llll�,�III�V' I III � !� I uulll I DOMILQOtNQMH 03 h lPage 1 oft — Printed in U.S-A. II�IIIII lilll IIIIIII ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or -validity of that document. State of California County of Los Angeles On June 26, 2017 before me, Lillian Valdivieso, Notary Public (insert name and title of the officer) personally appeared Robert Plna who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/taer/th& authorized capacity(les), and that by his/hegtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. a *'; _ lUlian Valdivieso WITNESS my hand and official seal. Comm ►atazsso Notary Vablk Califoenk. �. Los. Angeles County �k, Comm. Fapines FW 2e, 71120 Signature _ t_. C�°��1%C�u (Seal) AC'Of2V CERTIFICATE OF LIABILITY INSURANCE OATS (MM DD YYYYI 0/22/201 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: It the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not center rights to the certificate holder in lieu of such endorsemant(s). PRODUCER Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 MEI PHONE �FA�---- EMU (628) 799-7000 IAIc. Noh (626) 583.2117 /NLD 0 KESS: INSURERll AFFORDING COVERAGE NAICM COMMERCIAL GENERAL LIABILITY CLAIMS -MAGE F✓ OCCU2RE INSURERAI Greenwich Insurance Company 22322 wo.w.bolton0o.com 0008309 INSURED United Pumpingater, Inc. Service, Inc, United Storm W INSURER BI XL Insurance America Inc. 4664 wsuRERc; xi.Specialty Insurance Company 37885 INSUReao: Indian Harbor Insurance Company 36940 4 Least Inc. 14000 East Valley Blvd. City of Industry CA 91748 INSURER E: INSURER P' CCVFRAn FR CFRTIFICATF MIIMRFR. aaaaacac RFVICInAl MIIMIRCR, THIS 1$ 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. /NSR TYPE OFINSURANCE AUULla POuCYNUMBER elc F PCLIOY EXP 12/3112017 LIMITS A ,/ COMMERCIAL GENERAL LIABILITY CLAIMS -MAGE F✓ OCCU2RE ✓ GEC3001234 12/31/2016 EACHOCCURRENCE $ 11000,000 IEEE RENTED ce $ 50,000 ✓ MED EXP (Any oneperson) $ 5,000 Properly Damage Ded $26,000 .1J Bodily Injury [)ad $25,000 PERSONAL&AOV INJURY & 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY L✓ IJJ08T1:1 LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS• COMPIOP AGG $ 2,000,000 S OTHER: B AUTOMOBILE LIABILITY AECO048938 1213112016 12131/2017 COMBINED SINGLE LIMIT § 1000000 V ANYAUTo AECO048939 12/31/2016 12131/2017 __ BODILY INJURY person) $ ✓ OYVO HED AUTOS ONLY AUTOBULEO HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY BODILY INJURY (Per acesenn S ROPERTV DAMAGE Per eecid t $ _ Ded Comp & Collision $ 1,000 C UMBRELLAUAS ✓ OCCUR UECO048940 12/3112016 12131/2017 EACHOCCURRENCE $ 15000000 AGGREGATE S 15,000,000 ✓ E%GESS LIAa CIAIMS-MADE S DEO I ✓ I RETENTION 50 B WORXERSCOMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOMPARTNEMEXECUTIVE YIN OFFICERIMEMBEREXCLUDEOP FNI NIA WEC3001235 12131/2016 12131/2017 ✓ STATUTE ETM E.L. EACH ACCIDENT 5 1,000,000 sl., DISEASE - EA EMPLOYEE S 1000000 SAIIn NN) - If yes,reorder, under OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D Pollution Liability PE00048963 12/31/2016 12139/2017 15,000,000 Each Claim ! $25,000 (Detl D Professional Llab - Claims Made PECO048963 12/31/2018 12131/2017 15,000,000 Each CIBim 1$26,000 (Ded) DESCRIPTION GPOPERATIONSILOCATIONSIVENICLES (ACORD 01, Addlllonal Remarks Schedule, maybe aaached It mem space Is required) GL Additional Insured applies per CG20100413 & CG20370413 attached, only if required by written contraotlagreement. OL Primary & Non -Contributory Wording applies per XIL4240605 attached. Excess Pollcy follows form. Re! Project #16144. Additional Insured s): City of Santa Ana, Its officers, employees, agents, volunteers and representatives. REVIEWED BY- ..:. . . . ...:. EUINICE HERE[t/. F Cit of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20CivicCenter Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana, CA 92701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I Cassandra Rosales ©1988-2015 ACORD CORPORATION. All rights reserve ACORD 25 (2016163) The ACORD name and logo are registered marks of ACORD 16298131 1 UNITPUN-OS I I6 -LI GL, Auto, Drab, VC, LOLL, Prof Liub I OoLmn CertLficute Ptoceaatn9 , 6/22/2017 l: CL 2" PH (PDT) I Pala t of 5 POLICY NUMBER: GEC3001234 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS — SCHEDUL1 PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART �ralaxr�u Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person or organization where required by written All Locations as required per written contract, contract provided that such contract was executed prior to the date of loss. 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: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 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 2. 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, REVIEWED BY: EUNICE HERE IA.{t?G OF).. © Insurance Services Office, Inc., 2012 Page 1 of 2 1626BIll I VNITPNM-01 1 16-17 CL, A{rtn, pm4 W, Poll, Pwf l,lnb 1 Button C... ficnte PrOouautnq 1 6/22/2011 1:13:22 PIA tPDT1 I Pnqu 2 of I 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. REVIEWED BY: EUNICE11111111 HER�Z�Ia(Pe�+o>F Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 362961,11 I UNITY@I-01 1 16-17 6L, Ao Co. Um , M, ML, Prof Lieb I So1Con Ce[cS fl Ca Cv P—oopuioq 1 6/E /20]'1 10'32 PM Owl I N90 3 of 'i POLICY NUMBER: GEC3001234 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. 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 Or anlzation s Location And Description Of Completed Operations Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. All Locations as required per written contract., Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section If — 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. CG 20 37 04 13 B. With respect to the Insurance afforded to these additional Insureds, the following Is added to Section III — Limits Of Insurance: If coverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured Is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever Is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. Y/ REVIEwEO 0Y; EUNI%EFiEREyQI/1,("GL%OF�I Insurance Services Office, Inc., 2012 Page 1 of 1 1620.01 1 U"UPM-01 1 16-11 GL, Av m, gmb, 1YC, MI. Prof Lleb I tlniton Certificate Pr0005ring 1 6R2/2017 1:11125 PM IPIPPI I Pago 4 of 5 ENDORSEMENT# This endorsement, effective 12:01 8.m„1213v2016, forms a part of Policy Ne.GEC3001234 issued to United Pumping Service, Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance Is afforded to any Additional Insured under this policy, this Insurance shall apply as primary and not contributing with any Insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XI 424 0605 ©, 2005, XL America, Inc. iiEvtewED eY, T` NIH HEReatg 16280131. I UNSTPVN-01 116-1] FL, Anti: N b, WC. CC,LL, Pmt Liab I enitog Ceitlftcu[e PRoaeA my 1 6/22{2011 1:11122 K4 tP1YP1 1 Pella 5 of 5 ACORO0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1/3/2018 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 Bolton & Company CONTACT NAME: 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 PHONE o Ext: 62s 799-7000 AC No: 626 583-2117 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # 12/31/2017 INSURER A: Greenwich Insurance Company 22322 www.boltonco.corn 0008309 INSURED United Pumping Service, Inc. United Storm (Nater, Inc. INSURER B: XL Insurance America, Inc. 24554 INSURERC: XLSpecialty Insurance Company 37885 INSURER D: Indian Harbor Insurance Company 36940 4 Lease, Inc. 14000 East Valley Blvd. City of Industry CA 91746 INSURER E: INSURER F 1:17VI 1HAf;I=S CFRTIFICCTF NIIMRFR• 411797447 RFVI-Rlnlu NI IMRFR• 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. (NSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDDPOLICIYYY MOLD( DYE LIMITS A ,� COMMERCIAL GENERAL LIABILITY ✓ GEC3001234 12/31/2017 12/31/2018 EACH OCCURRENCE $1,000000 CLAIMS -MADE ✓ OCCUR DAM AG O RENTE PREMISES Ea occurrence s 50 000 ✓ Property Damage Ded $25,000 MED EXP (Any one person) $5,000 ✓ Bodily Injury Ded $25,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 7 JEST LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE ✓ LIABILITY ANY AUTO AECO048938 AECO048939 12/31/2017 12/31/2017 12/31/2018 12/31/2018 Ee BINEDISINGLE LIMIT $110001000 BODILY INJURY (Per person) $ OWNED SCAUTOS HEDULED AUTOS ONLY BODILY INJURY (Per accident) $ HIRED NON-OWNE✓ AUTOS ONLY ✓ AUTOS ONLDY(Peer acciZto) AGE $ Ded Comp & Collision $1,000 C UMBRELLALIAB ,/ OCCUR UECO04894 12/31/2017 12/31/2018 EACHOCCURRENCE $15,000000 ✓ EXCESS LIAB CLAIMS -MADE AGGREGATE $15,000,000 I'I DED ✓ RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N OFF ANYPROPRIETOR/PARTNERIEXECUTIV= a N / A WEC3001235 12/31/2017 12/31/2018 ✓ SPER TATUTE ETH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1-000000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1.000.000 D Pollution Liability PECO048963 12/31/2017 12/31/2018 15,000,000 Each Claim / $25,000 (Ded) D Professional Liab - Claims Made PECO048963 12/31/2017 12/31/2018 15,000,000 Each Claim / $25,000 (Ded) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) GL Additional Insured applies per CG20100413 & CG20370413 attached, only if required by written contract/agreement. GL Primary & Non -Contributory Wording applies per XIL4240605 attached. Re: Agreement #A-2017-157 in City of Santa Ana. Excess Policy follows form. Additional Insured(s): City of Santa Ana, its officers, agents, volunteers and employees. REVIEWED BY: EUNICE HEREDIA (PG I OF CERTIFICATE HOLDER CANCELLATION Cilof Santa Ana PubliC Works Agency M-22 Construction Engineering 20 Civic Center Plaza Santa Ana, CA 92702 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 REPRESENTATIVEi�Cat Cassandra Rosales ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 39727337 1 UNITPUM-01 1 17-18 GL, Auto, Umb, WC, POLL, Prof Liab I Matthew Nobriga 1 1/3;2018 2:34:27 PM (PST) I Page 1 of 5 POLICY NUMBER: GEC3001234 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 Any person or organization where required by written All Locations as required per written contract. contract provided that such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 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 2. 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. 141 REVIEWED BY: EUNICE HEREDIA (PG OF ) © Insurance Services Office, Inc., 2012 39727337 1 O14ITPUM-01 1 17-18 GL, Auto, Omb, WC, POLL, Prof Liab I Matthew Nobriga 1 1/3/2018 2:34:27 PM (PST) I Page 2 of 5 Page 1 of 2 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 Insurance shown in the Declarations; whichever is less. This endorsement shall not increase applicable Limits of Insurance shown in Declarations. REVIEWED BY: EUNICE HEREDIA (PG OF ) of the the Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 39727337 1 UNITPUM-01 1 17-18 GL, Auto, Umb, WC, POLL, Prof Liab I Matthew Nobriga 1 1.'3/2018 2:34:27 PM (PST) I Page 3 of 5 POLICY NUMBER: GEC3001234 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 Any person or organization where required by written contract provided that such contract was executed prior o the date of loss. All Locations as required per written contract., 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. CG 20 37 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. REVIEWED BY: EUNICE HEREDIA (PG OF © Insurance Services Office, Inc., 2012 39727337 1 U14ITPUM-01 1 17-18 GL, Auto, Umb, WC, POLL, Prof Liab I Matthew Nebriga 1 1;3/2018 2:34:27 PM (PST) I Page 4 of 5 Page 1 of 1 ENDORSEMENT # This endorsement, effective 12:01 a.m.,12/31/2017 , forms a part of Policy No.GEC3001234 issued to United Pumping Service, Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. REVIEWED BY: EUNICE HEREDIA (PG of ) 39727337 1 UNITPUM-01 1 17-18 GL, Auto, Umb, WC, POLL, Prof Liab I Matthew Nobriga 1 1/3,2018 2:34:27 PM (PST) I Page 5 of 5 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 12/28/2018 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 Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 CONTACT NAME: PHONE FAX A/c No Ext): 626 799-7000 A/C No): 626 583-2117 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 12/31/2018 INSURERA: Greenwich Insurance Company 22322 www.boltonco.com 0008309 INSURED United Storm Water, Inc. 14000 East Valley Blvd. City of Industry CA 91746 INSURER B: XL Insurance America, Inc. 24554 INSURERC: XL Specialty Insurance Company 37885 INSURER D: Indian Harbor Insurance Company 36940 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 46278676 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. INSR LTR TYPE OF INSURANCE ADDL SD SUBR WVD POLICYNUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYY LIMITS A �/ COMMERCIALGENERALLIABILITY ✓ GEC3001234 12/31/2018 12/31/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE ✓ OCCUR DAMAGETO"-"'EL PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 RO POLICY✓� ECT F7] LOC PRODUCTS - COMP/OP AGG $2000,000 $ OTHER: B AUTOMOBILE LIABILITY AECO048938 / AECO048939 12/31/2018 12/31/2019 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 BODILY INJURY (Per person) $ ANY AUTO 1✓ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ✓ HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY (per AMAGE cidenD$ $ C UMBRELLALIAB f OCCUR UECO048940 12/31/2018 12/31/2019 EACH OCCURRENCE $15,000,000 AGGREGATE $ 15,000,000 ✓ EXCESS LIAB CLAIMS -MADE DED I ✓ I RETENTION $10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN— I N WEC3001235PER 12/31/2018 12/31/2019 �/ STATUTE OERH- E.L. EACH ACCIDENT $ 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N / A 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 D Pollution Liability PECO048963 12/31/2018 12/31/2019 $15,000,000 Each Claim / $25,000 Ded. D Professional Liab - Claims Made PECO048963 12/31/2018 12/31/201,91$15,000,000 Each Claim / $25,000 Ded. REVIEWED BY: EUNICE HEREDIA (PG OF ) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) GL Additional Insured applies per CG20100413 & CG20370413 attached, only if required by written contract/agreement. GL Primary & Non -Contributory Wording applies per XIL4240605 attached. Re: Agreement #A-2017-157 in City of Santa Ana. Excess Policy follows form. Additional Insured(s): City of Santa Ana, its officers, agents, volunteers and employees. &":I:A112LhG\I=1111:L41ill U=1 101"gIII W-111 ILei ► City of Santa Ana Public Works Agency M-22 Construction Engineering 20 Civic Center Plaza Santa Ana, CA 92702 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 Cassandra Rosales Rosales ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 46278676 I UNITPUM-01 1 18-19 A11 Lines I Mary Messinger 1 12/28/2018 4:39:52 P11 (PST) I Page 1 of 5 POLICY NUMBER: GEC3001234 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 Any person or organization where required by written All Locations as required per written contract. contract provided that such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 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 2. 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 ©I age 1 of 2 46278676 1 UNITPUM-01 1 18-19 All Lines I Mary Massinger 1 12 REVIEWED BY: a EUNICE HEREDIA (PG SJ) 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 2of2 ©I 0 10 04 13 96276676 1 UNITPUM-01 1 18-19 All Lines I Mary Massinger 1 1 REVIEWED BY: EUNICE HEREDIA (PG SF q r) POLICY NUMBER: GEC3001234 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 Any person or organization where required by written contract provided that such contract was executed prior o the date of loss. All Locations as required per written contract., 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. CG 20 37 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. REVIEWED BY: EUNICE HEREDIA (a of © Insurance Services Office, Inc., 2012 96278676 1 UNITPUM-01 1 18-19 All Lines I Macy Massirger 1 12/28/2018 9:39:52 PM (PST) I Page 4 of 5 Page 1 of 1 ENDORSEMENT # This endorsement, effective 12:01 a.m.,12/31/2018 , forms a part of Policy No.GEC3001234 issued to United Pumping Service, Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. REVIEWED BY:EUNICE HEREDIA (PG OF XIL 424 0605 ©, 2005, XL America, Inc. 96278676 1 UNITPOM-01 1 18-19 All Lines I Mary Massinger 1 12/28/2018 9:39:52 PM (PST) I Page 5 of 5