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HomeMy WebLinkAboutMIDORI GARDENS - 2017City of Santa 1, to Clerk of the Cow icil ........................................ ...... ..... ................... . ...... COTC Off ice Use Only .......... ............ ................................. ..................... AGREEMENT TERMINATION FORM ff Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. City of Santa Ana Note', If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. C) 2 Is the agreement(s) a permanent record? Yes No Ci'erk of ihe Cowincil Return form to the Clerk of the Council Office (M-30). Cail 647-1520 if you have any questions. The agreement with No. A —2—c) was completed on (List all amendments. Use space below if needed.) Revised: 10- 18-16 i /� I Lac .1 S and final payment has been made. Department: vk I Phone/Ext.: qajc Signature: Date: T-S-�- INSURANCE ON FILE Professional Liability Insurance WORK MAY PROCEED required if contractor is or A-2017-215 UNTIL INS E EXPIRES w employs a licensed professional CLERK OF COUNCIL. DATE: AUG 2 9 2017 ° AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES �54 Lam% WITH MT)ORI GARDENS, INC. (DISTRICT 1) Silvia CNvv<,,u THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between Midori Gardens, Inc., a California Corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. On June 1, 2017, the City issued Request for Proposal ("RFP") No. 17-067, by which it sought proposals from qualified firms for landscape maintenance services in Districts 1 and 4. B. This RFP process was initiated after the prior contractor's services were terminated due to non-performance. A new contractor would be selected to handle services for the remainder of the term. C. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services regarding District 1 to the City described in the scope of work that is attached to this Agreement and identified as Exhibit A. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from aprofessional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform landscape maintenance services for District 1, as set forth in Exhibit A, and incorporated by reference to this Agreement. Contractor's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total amount to be expended for services during the term of this Agreement, including any extension exercised under Section 3, shall not exceed $938,580. Page Iofll For the initial term of the Agreement, as defined in Section 3, the total amount to be expended shall not exceed $114,461. This amount is based upon the yearly amount detailed for each extension period divided by the 5 months comprised for the shortened term detailed in Section 3 below. The amount for the initial term is $104,055 and a 10% contingency of up to $10,406 for services as may be performed by Contractor at the sole discretion of City. C. For each extension period exercised per Section 3 of this Agreement, the total yearly amount to be expended shall not exceed $274,706. This amount for each term is comprised of the sum of the costs for District 1 at $249,733 and a 10% contingency of up to $24,973 for services as may be performed by Contractor at the sole discretion of City. d. 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. 3. TERM This Agreement shall commence on September 1, 2017 and terminate on January 31, 2018, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to three (3) one year extensions upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data'). Page 2 of 11 Contractor shall require all subcontractors to agree in writing that City is granted a non-exchrsive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor'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 (e) 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: Page 3 of 1 I (i) Contractor shall maintain all insurance required above in fall 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 Contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise fiom the negligent operations of the Contractor or its Contractors, 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 Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights wises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Page 4ofII 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 4. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 5 of 11 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: and Gerardo Monet Executive Director, Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-4211 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 Contractor: Midori Gardens 3231 S. Main Street Santa Ana, CA 92707 Attn: Naga Hamamoto, President 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. Page 6 of 11 13, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor 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 Contractor. The parties agree that any terms or conditions of anypurchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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. Page 7 of 11 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 detenmined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such pen -nits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. --Remainder ofpage intentionally left blank; signaturepage to follow -- Page 8 of 11 EXHIBIT A SCOPE OF SERVICES Page 10of11 L MI : FEE SCHEDULE (OR) RATES AND CHARGES Page 11 of 11 �\. .� . . | | !! w- � § ; 2R , CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 6/7/2017 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 poilcy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not center rights to the PRODUCER Nary Amiri James G Parker Insurance Associates License #0554959 noN (661)284-17011 •MAltmamari@ erker.00m iFM 1339)2221724 P O Box 3947 INSURERf3)AFFUROINO COVERAGE___ Presno CA 93650 :A INSURSRArgonaut. Great Central Insurance 19860 INSD URE tdidori Gardens Inc { t,_ jot' l(C'' INSURERBiCyg r099 IRSUrbtlOe Companyr INSURER 02 __ • Midori Landscape Inc _ _ INSURSRDy__ _.� 3231 Main Street INSy9 R§ _ Santa Ana CA 92707 CYTVFRAY:FR nFRTICICATFMIl1AQ91C•17-1R fn..auta C W. DCenelnu AD anon. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE] 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. POLICPUF POLICY EXP CY NU B6 YYY)IMMIODNYYY' ! IN3R TYPEOFINBURANCE b07:(BOeR ---'— LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, Ob0 A i j CIAIMS•MADE X OCCUR L] YOHEN7ED --� SOO, O00 _J I FPRfzMM,ESjPygr4urmlxe $ __. LAN290101703 6/1/2C 17 6/L/2018MED E%P (ARYons person) -f B 000 FiPOUCY PERSONAL aAOV INJURY $ 1 000 OUO L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE I$ 2,000,000 I LJ JEC LOC I I PRODUCTS -COMP/OFAGO _rE � 2, 000,000 OTHER ;Employee Deaths S 1,000,000 AUTOMOBILE LIABILITY I SINGLE LIMIT SIN._ E 1 000, OCO - 1E4—a�eNED BODILY INJURY (Parpenan) f A X ANYAUTO I ALLOWNED SCHEDULED L_._. AUTOS AUTOS X HIRED AUTOS X A03NMED LAN290107703 6/1/2C77 6/1/201B BODIRY Fe BODILY INJURY IPeraxNenq PROPERiVOPlAAGE - $ I S �... ( (PsSApc4Mit_.....—. is UMBRELLA LUte_ OCCUR , EACHOCCURRENCE� $ EXCESSUAB CLAIMS -MADE (AGGREGATE $ O "NTIONS WORKERS COMPENSATION X EE I T. ERN_. AND EMPLOYERS LIABILITY YIN _l E.L.EACH ACCIDENT T.._ 3 1 000., 000 ANY PROPRIETORA'ARTNERA?XECUTIVE NIA B OFFICERIMEMBER EXCLUOE07 (Mandatory In NH) �colIC70B663 6/1/2017 6/1/2018 L DISEASE-EAEMPLOYE E_ 1, 000,,000. Ur de cNo under D23dRl TIDN OF E TIONS elaw ' ,EL DISEASE -POLICY LIMIT $ 1, Doc, 00 I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached Denote space Is Mqulred) Job: City of Santa Ana The City of Santa Ana, its officers, agents and employees are included as additions. reds as IF r attached endorsement #AGCG2010EPN 0704. 2nd insured 6/19/2017 copy a^mailed to Can \eV City of Santa Ana Parks, Recreation 6 Community Services Agency Attn: Silvia Cuevas 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABC THE EXPIRATION DATE ACCORDANCI! WITH THE James Parker III/MARY ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORC INS026 (2o14oi) 11; BE CANCELLED BEFORE WILL BE DELIVERED IN FM01 ,� POLICY NUMBER: LAN2901077-03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION BLANKET, PRIMARY, OR NON -CONTRIBUTORY — AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Effective Date 6/1/2017 Policy Expiration Date 6/1,"2018 Named Insured Midori Gardens & Midori Landscape Inc If the required policy information is n-ol shown above, it will be shown it the Declarations. SCHEDULE Name Of Additional Insured Person(s) OrOrganizationis : Location(s) OfCovered Operations Name of Person or Organization: Locatio Any person or organization with whom you agreed, because of a written "insured contract', written agreement Blanket as required by written "insured contract". or permit, is an Insured during the policy period. This insurance is excess over any other insurance available to the additional Insured(s) as an Insured whether primary, excess, contingent or on any other basis, unless a written "insured contract" or written agreement specifically requires that this insurance be either primary or non-contributing. This insurance applies as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim, loss or liability which is determined to be solely the result of the additional insureds negligence or solely the additional insured's responsibility. 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. �a lie �9 AG CG 2010 BPN 0704 Argo Group Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 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. AG CG 2010 BPN 0704 Argo Group Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ACORa CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) `.� 06/01/2018 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 CONTACT Meredith MCCaleb CISR NAME: James G Parker Insurance Associates PHONE (559)222-7722 Fax (559)222-1724 A/C No Ext: AIC, No: License #0554959 E-MAIL mmocaleb@jgparker.com ADDRESS: P O Box 3947 INSURER(S) AFFORDING COVERAGE NAIC N Fresno CA 93650 INSURER a: Financial Pacific ins Co 31453 INSURED INSURER B: State Compensation Ins Fund 35076 Midori Gardens Inc INSURER C: 3231 Main Street INSURER D: INSURER E : Santa Ana CA 92707 INSURER F: COVERAGES CERTIFICATE NUMBER: 18-19 GUBAM/C 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 AUDI. INSR SUUR WVD POLICYNUMBER POLICY EFF MMIDDIYI'YY POLICY UP MMIDDIYI'YY LIMITS X COMMERCIAL GENERALLIABILITY CLAIMS -MADE ❑X OCCUR EACH OCCURRENCE $ 1,000,000 JAMAUIE PREMISES Ea NIED occurrence) 100,000 $ MED UP (Any one Person) $ 5,000 PERSONAL SADV INJURY $ 1,000,000 A 60505090 06/01/2018 06/01/2019 GENTAGGREGATE LIMITAPPLIES PER POLICY ❑ PRO- ❑ JECT LOC GENERALAGGREGATE g 2,000,000 PRODUCTS-COMPIOPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS 60505090 06/01/2018 06/01/2019 BODILY INJURY (Per accident) $ X HIRED NON -OWNED AUTOS ONLY H AUTOSONLY PROPERTY DAMAGE Per accident $. 8 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNER/EXECUTIVE Y❑ IM OFFICEREMBER EXCLUDED? (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS bekrx NIA 9232562-2018 06/01/2018 06/01/2019 XSTATUTE EORH E.L. EACH ACCIDENT $ 1,000.000 E. L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be aaached if more space is required) VvV Job: City of Santa Ana The City of Santa Ana, its officers, agents and employees are included as additional insureds as per attached endorsement CG 2 `11Z1P1. 111 a City of Santa Ana Parks, Recreation & Community Arm Silvia Cuevas 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE AI � li" `� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 60505090 CG 20 10R 12 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION Any person or organization to whom or to which the named insured is obligated by a virtue of a written contract to provide insurance that is afforded by this policy. Where required by contract, the officers, officials, employees, directors, subsidiaries, partners, successors, parents, divisions, architects, surveyors and engineers are included as additional insureds. All other entities, including but not limited to agents, volunteers, servants, members and partnerships are included as additional insureds, if required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional insured. If an Owner Controlled Insurance Program is involved, the coverage applies to off - site operations only. If the purpose of this endorsement is for bid purposes only, then no coverage applies. WHO IS AN INSURED: (Section Ip This section is amended to include as an insured the person or organization within the scope of the qualifying language above, but only to the extent that the person or organization is held liable for your acts or omissions in the course of 'your work" for that person or organization by or for you. The "products - completed operations hazard" portion of the policy coverage as respects the additional insured does not apply to any work involving or related to properties intended for residential or habitational occupancy (other than apartments). This clause does not affect the "products - completed operations" coverage provided to the named insured(s). WAIVER OF SUBROGATION: We waive any right of recovery, when required by written contract, that we may have against the person or organization within the scope of CG 20 30R 1211 the qualifying language above because of payments we make for injury. LOCATION OF JOB: The job location must be within the State of domicile of the named insured, or within any contiguous State thereto. DESCRIPTION OF WORK: The type of work performed must be that as described under classifications in the CGL Coverage Part Declarations. PRIMARY CLAUSE: When this endorsement applies and when required by written contract, such insurance as is afforded by the general liability policy is primary insurance and other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. EXCLUSION This insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering or failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve, maps, designs, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. 6vi Endorsement EFFECTI��A�TE: Endorsement EXPIRATION DAT 9C. Includes copyrighted material of Insurance Services office, Inc., with its VN �taP`�l,de 1 of 1 gOG-