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Home My WebLink AboutLANDSCAPE WEST MANAGEMENT SERVICES, INC. (2)INSURANCE ON FILE WORK MAY PROCEED N-2019-195 UNTIL INSURANCE EXPIRES 0e�yA CLERKOF OUNCIL W 2 7 201WIRST AMENDMENT TO AGREEMENT TO PROVIDE RIGHT OF WAY p `-Q W AL1 AND MEDIAN LANDSCAPE MAINTENANCE SERVICES R rkKto 4(�5�_� THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September z6* , 2019, by and between Landscape West Management Services, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-103, dated July 2, 2019, by which Contractor agreed to provide right-of-way and median landscape maintenance services for the Maintenance Services Division of the Public Works Agency ("Agreement"). The original term of the Agreement is for two years, and the Agreement remains in effect through June 30, 2021, with provision for extension. B. The parties wish to amend the Agreement to increase the scope of services and the amount expended under the Agreement to cover debris removal services on an on -call basis in order to address the impacts of homelessness. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to include debris removal and homeless encampment clean-up services on an on -call basis, as described in Exhibit A-1 to this First Amendment. 2. Section 2, Compensation, is amended to increase the not -to -exceed expenditure under the Agreement from $770,000 to $1,020,000 for the one-year term ending on June 30, 2020, and to include the rates and charges identified in Exhibit B-1. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST „►�W,. CITY OF SANTA ANA DAISY GOMEZ SIC}I TINE R115GE Clerk of the Council City Manager --signatures continued on nest page -- Page I of 2 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: UZe J6ffN M.FUNK Assistant City Attorney FOR APPROVAL MAD S. SWEISS, PE, PLS Executive Director Public Works Agency CONTRACTOR Name: pk cc? , Title: rf- »-dam? Pa.-e 2 of 2 EXHIBIT A-1 CITY OF SANTA ANA HOMELESS ENCAMPMENT AND DEBRIS CLEAN UP SERVICES INTRODUCTION AND SCOPE OF SERVICES The City of Santa Ana is seeking competitive quotes from contractors to maintain and perform HOMELESS ENCAMPMENT AND DEBRIS CLEAN UP SERVICES on City right-of-way, City owned properties (i.e. lots, culverts/channels, embankments, Santiago Creek), railroads or private areas designated by City Staff with the goal of keeping public spaces free of debris and open for safe use by the public. Work to be performed will include, but not be limited to, sections that are unimproved, run underneath streets, and lower than grade or sloped. II. TERM AND FUNDING AMOUNT OF CONTRACT City intends to award contract(s) up to $250,000 for each individual for this service until expended. Ill. TYPES OF SERVICES A. HOMELESS AND TRANSIENT ENCAMPMENT CLEAN UP Contractor shall remove transient/homeless encampments that may include, but is not limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on -call basis. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments, train tracks, creeks and other areas requiring alertness to the environment and pre -planning to prevent injury or illness. a. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. b. Removal and disposal of debris/rubbish, including: c. Trees, cut brush, dead trees, tree limbs, and similar materials, Furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices, e. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, f. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, City of Santa Ana Public Works Agency Homeless Encampment and Debris Clean Up Services 1 of 17 g. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 2. Contractor may be required to occasionally perform confined space clean up for entry into designated areas. 3. Contractor maybe assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 4. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 5. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work -scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. Contractor may be required to bag and identify personal property left behind at clean up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non -soiled duffel bags, and non -soiled and organized bedrolls. IV. GENERAL A. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. B. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. V. WORK ORDERS, ASSIGNMENTS, AND SCHEDULE Work shall be assigned by the City Projects Manager (or Inspector, Santa Ana Police Department or other City Designated Person) and shall be on an As -Needed or on a Set Schedule basis, subject to budget appropriation availability and changes by the Projects Manager. Work hours and staffing may be increased based on funding availability. The Projects Manager will work with the Contractor to prepare the most effective and productive schedules and work assignments. City of Santa Ana Public Works Agency Homeless Encampment and Debris Clean Up Services 2of17 VL WORK HOURS Contractor's regularly assigned activities shall be performed from 7:00 a.m. to 3:30 p.m., Monday through Friday and alternative hours during Early Morning, Late Night, Overnight, and Weekends. The schedule shall be provided by the Projects Manager. Deviation from these hours/days shall not be permitted without the prior consent or direction of the Projects Manager except for emergencies. VII. CREW SIZE Crew Unit Size(s) will vary based on task and assignment and as determined between Contractor and Projects Manager. Contractor shall provide the necessary staff/workers to perform work as specified in this Scope of Services. Contractor must have the ability to provide the necessary workers based on the amount AS -NEEDED and SET SCHEDULED assignments. At a minimum, Contractor shall perform the assigned tasks with the following: A. Two (2) Laborers— Laborer performs the necessary tasks to complete the required services on an AS -NEEDED and SET SCHEDULED basis. B. Additional Laborers may be required and requested as needed and per assignment from the Projects Manager. Vlll. CONTRACT PERFORMANCE REQUIREMENTS A. Quality Assurance Perform all work according to all current applicable codes, industry -standards, and to the highest quality commensurate with required work Ensure that all work is done only by experienced and professional personnel arriving at the project site(s) as scheduled and all work is performed in a skillful and workmanlike manner. 2. All services shall be subject to the inspection and approval of City either by Projects Manager or designee prior to acceptance and approval for payment. B. Compliance with Laws: 1. It shall be the Contractor's responsibility to attain the appropriate Contractor License Requirement if applicable. 2. Contractor shall perform all work performed in connection to this project in full compliance with all applicable standards, laws, statutes, restrictions, ordinances, requirements, rules and regulations of municipal, state, county and federal agencies applicable to the services provided. City of Santa Ana Public Works Agency Homeless Encampment and Debris Clean Up Services 3of17 IX. REMOVAL AND DISPOSAL OF DEBRIS A. Contractor shall remove and dispose of all weeds, litter, and debris generated during the performance of this contract from the work areas the same day it is generated. The use of the City Municipal Corporate Yard location will be allowed for the disposal of weeds and debris generated under this agreement and will be at no charge to the City. B. Disposal tickets, receipts or similar documentation produced by the disposal site indicating tonnage disposed of will be required as part of the invoicing and for payment by the City based on the price in Exhibit A. C. All debris, excess material, and parts, including those materials that could inflict injury (e.g., nails, wire, wood, etc.), shall be cleaned up continuously as work progresses and removed at the completion of the job and/or at the end of each work day. X. EQUIPMENT The Contractor shall perform all work necessary to complete the provisions of this contract in a satisfactory manner. The Contractor shall furnish all equipment, tools, materials, supplies, supervision and labor necessary to complete the work. It is mandatory that the equipment and tools identified below be readily available. All equipment shall be designed and used so as to properly protect all sidewalks, curbs, streets, and other improvements from damage. All tractors, back -hoes, loaders, and equipment will be operational, operated by qualified operators, maintained by the Contractor's expense and time. Loader Vehicle— Minimum 3 cubic yard loader with scrap grapple loader bucket or equivalent clamp bucket (including operator). Loader vehicle maybe required depending on the clean up services needed perjobsite. Equipment must be made available when needed for scheduled work and stored at Contractor's own storage facility. City staff will provide advanced notice when needed. Back -Hoe Vehicle with scrap grapple loader bucket or equivalent clamp bucket (including operator). Back -hoe vehicle maybe required depending on the clean up services needed per jobsite. Equipment must be made available when needed for scheduled work City staff will provide advanced notice when needed. Contractor shall furnish all labor, equipment, materials (including trash bags), tools, services, and special skills required to perform weed and debris removal services and other related services as set forth in these specifications and in keeping with the highest standards of quality and performance. Contractor shall ensure that all equipment, materials, supplies, and consumables meet or exceed all applicable manufacturer's published specifications and industry standards corresponding to required work as specified herein. XI. MAINTENANCE FUNCTION CHECKLIST AND REPORTS City of Santa Ana Public Works Agency Homeless Encampment and Debris Clean Up Services 4of17 A. Documentation — As Requested by the City 1. Digital Photo Sampler Report a) Take before -and -after photos of items, areas, or incidents that Contractor responds to by using the City mobile application or other specific method by the City. b) Maintain these photos electronically and make them available for inspection by City at any time and shall include location, description, etc. before or after, date and time of photo taken with timestamp. XII. CONTRACTOR EMPLOYEES AND UNIFORMS A. Contractor Laborer Employees 1. Ensure that all Contractor employees performing work in conjunction with this service are always courteous, professional, competent, and do not cause any undue disturbances. 2. Contractor staff and representative shall maintain the highest level of professional standards in uniforms, politeness, and interaction with the public and City personnel. Contractor staff must present a neat, well-groomed appearance at all times. Remove any employee who is determined by City to be incompetent, working inefficiently, disorderly, intemperate, or otherwise objectionable immediately removed from work under this agreement and replace with a satisfactory replacement. 1. Contractor shall provide and maintain clean uniforms for all Contractor employees under this contract at Contractor expense and must bear Contractor's company name or other acceptable designation type approved by the Projects Manager. 2. Must wear appropriate safety vest or safety color shirt at all times while working for the City. XIII. RECORDS AND INVOICING Invoices are to be submitted on the first day of each month, or as deemed necessary by the Projects Manager. The invoice shall identify the hours worked and/or location cleaned. Disposal tickets, receipts or similar documentation indicating tonnage disposed of will be required as part of the invoicing. Contractor shall mail all invoices to: CITY OF SANTA ANA PUBLIC WORKS AGENCY MAINTENANCE SERVICES DIVISION Projects Manager —Arturo Rodriguez 220 South Daisy Avenue Santa Ana, CA 92703 City of Santa Ana Public Works Agency Homeless Encampment and Debris Clean Up Services 5of17 XIV XV. e-mail: arodriquezC@santa-ana.org phone: (714) 647-3303 RESPONSE TIMES A. Emergencv Emergency: 1-hour response to site from time of contact for anything that is or could harm life or property. 2. Contractor's representative assigned to this contract must be equipped with a cellular phone, with the capability to respond when contacted (phone call or e-mail) within 30 minutes, but not later than one (1) hour of notification. Contractor's representative to direct crew to respond to and address emergency within one (1) hour after directive given. SAFETY REQUIREMENTS All work performed under this contract shall be performed in a manner as to provide maximum safety to the public and staff where applicable, comply with all safety standards related to personal protective equipment (PPE) required by CAL -OSHA or other applicable Local, State and Federal safety regulatory agencies. A. ENVIRONMENTAL CONDITIONS 1. Comply with all applicable local, state, federal regulations and requirements. 2. Transport, store, apply, dispose of all bio-waste and hazardous materials as required by law. 3. Remove from the work site and properly dispose of all spent materials, hazardous materials, debris, and the like on a daily basis. Do NOT accumulate waste materials unless the Projects Manager otherwise allows. 4. Minimize contamination from materials, wastes, spills, or residues at the jobsite to street, drainage facilities, or adjoining property by wind or runoff. B. TRAFFIC CONTROL Signs used for handling traffic during the course of this contract shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH), published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers, and warning devices are used during the work shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency. 2. The City reserves the right to issue restraint or cease and desist order to the Contractor or when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. City of Santa Ana Public Works Agency Homeless Encampment and Debris Clean Up Services 6of17 XVI. COMMUNICATIONS Contractor shall provide his crew with a cellular phone to allow direct communication with City staff at Contractor expense. The City shall require contract staff to utilize a technological device, such as a smartphone, tablet, laptop or similar device at Contractor expense, to assist with the City's Asset Management and Work Order System. Such device will be utilized to perform basic data input and respond to work orders from the City. Operation of the software system shall include, but is not limited to, monitoring and responding to real-time work order service requests and taking before and after photos of work performed. XVII. AUDIT REQUIREMENTS City reserves the right to periodically inspect and audit Contractor's accounting procedures and supporting documentation in conjunction with the performance of the Scope of Services. XVIII. CONTRACT TERMINATION The City reserves the right to terminate contract, without penalty, for cause immediately or without cause after 30-days written notice thereof is delivered to the Contractor either personally or by mail addressed as shown on the quote. If the Contractorfails to meet the specifications of this contract for a period of 15 cumulative days, the City may at its option terminate the balance of this contract by written notice of termination to the Contractor. Notice of such termination shall take effect 15 days after such notice is mailed. XIX. CONTRACTOR OPTION FOR TERMINATION The Contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require ninety (90) days written notice prior to contract termination date requested. XX. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE City of Santa Ana authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be bome by the contractor. Contact City Staff prior to ordering. Signaae Type and Material Shall Be: • Plastic with Magnetic Backing. Painted on Vehicle or similar (Taped Signs Not allowed). Such Signage Shall State: City of Santa Ana Public Works Agency Homeless Encampment and Debris Clean Up Services 7of17 ' r °�'� ti t;1,W . flit 7-4 Mf s ' Y ', - • 710 S Harbor RIvA •�"'^"-'ba"n as Aria United State! y` v VIP Z, Nk .Y A �t, vw \AJ \ _k r AV L �`? f t � '-�.sY7iittg7r-s'Ye v� Exhibit B-1 "4 CITY OF SANTA ANA PUBLIC WORKS AGENCY ITEM FOR QUOTE FOR HOMELESS ENCAMPMENT AND DEBRIS CLEAN UP SERVICES QUOTE STATEMENT and PROPOSER ITEM PRICING EXHIBIT A Certification I certify that I have read, understand and agree to the terms and conditions of this quote. I have examined the Scope of Services and am familiar with the scope of work and locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my quote. Quote Item Price Pricing shall be based on the items listed below and described in the Scope of Services. supplies, travel, mileage and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by the City Projects Manager or designee in writing. The City has the option to Purchase and provide materials. Special material will be purchased and/or by the City or the City will reimburse the Contractor after authorization by City. u t, d scei af W_,3 F LEGAL NAME OF COMPANY I Z i; 44 A/ S1. BUSINESS ADDRESS Mc,hcw--1 (,, ha PRINTED NAME OF AUTHO IZED AGENT 7 SIGNATURE OF AUTHQ�IIED AGENT c. (7m) 90`17a-2=(7"-fi4&0-Ve&- rP}HONE AND FAX NUMBER TITLE DATE 36'-Q�TuC1r2 �'/7 FEDERAL IDENTIFICATION NUMBER OR TAX ID (IF APPLICABLE) EMAIL ADDRESS CONTRACTOR LICENSE LICENSE TYPE AND CONTRACTOR ID NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED IN THE QUOTE. QUOTES THAT DO NOT CONTAN THIS FORM WILL BE CONSIDERED NON -RESPONSIVE City of Santa Ana Public Works Agency Request for Quotes for Homeless Encampment and Debris Clean Up Services 11 of 17 EXHIBIT A - CONTINUED CITY OF SANTA ANA PUBLIC WORKS AGENCY ITEM FOR QUOTE FOR HOMELESS ENCAMPMENT AND DEBRIS CLEAN UP SERVICES PROPOSER'S CERTIFICATION and QUOTE ITEM PRICING HOMELESS ENCAMPMENT AND DEBRIS CLEAN UP SERVICES ITEM QUOTE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE Crew Laborer 1. (Hourly Rate shall Not include 1 HOUR $ (_ s-S markup for disposal charge) ADDITIONAL ITEMS AND SERVICES (AS NEEDEDI ITEM QUOTE ITEM DESCRIPTION UNIT UNIT PRICE Equipment - Loader 2. (With Operator) HOUR f-\- *As Requested/As Directed Equipment - Back Hoe 3. (With Operator) HOUR $ 13 S *As Requested/As Directed DEBRIS DISPOSAL CHARGE (AS NEEDED) 4. DEBRIS DISPOSAL CHARGE TON $ c S `- City of Santa Ana Public Works Agency Request for Quotes for Homeless Encampment and Debris Clean Up Services 12 of 17 EXHIBIT B OFFEROR'S REFERENCES List and describe fully the last three contracts performed by your firm of over $100,000, which demonstrate your ability to provide the supplies, equipment or services included in the Request for Quotes specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding yourfirm's qualifications. Reference No. Customer Name: C; jj hF S n Any Address: 220 So=1h Av,n i IQ eT2763 Contract Amount: 47�0, oe,v Description of supplies, Services provided: Contact Individual. 4-'>nrfll Ilerrae!t_ Phone Number: (7N� &93 - 3��c Email: T)lk-kercndc P Year: ZU(R -- t?rc,/t�l- YIP�:� tl r,•,�,� <F wny Zc,� %�e.d ttci�ir�<,�rer in;�c-'i-±y�t t'l fed l�� Cit.eyn i'et_i er (� it C1f,4Dv:5' t' r;5a Reference No. 2 Customer Name: () ly 61C rN ssu V z. Address: zno Contract Amount: L<trocz:,c i K ro� cc Description of supplies, Services provided: Contact Individual: ry Wit Phone Number: (gyn)`I-7c- 3c r� Email: SHE If Year: ao I S — I = tcinds,a n'eldy , rlr :5 fna/fit io, = d$r.IN (Nc'sN i<nconr.• Ee last Cjuyitrll xl/ts= V� S)cr �. Reference No. 3 Customer Name: C'� of, GG3tna N') Address: 3ci ll Ofcw;, U,; /ley 'Lt� }J �..� I f A 22b v-r Contract Amount: Description of supplies, Services provided: Contact Individual: 'S rfy Sc•r/uw Phone Number: (elyff)) 362.-1130c Email: 55-11r;;,, C {�crinyu nr, e/o.� Year: 2616— P-s _f TO BE INCLUDED IN QUOTE PACKAGE City of Santa Ana Public Works Agency Request for Quotes for Homeless Encampment and Debris Clean Up Services 13 of 17 11I.►1 R►N%' i**11 1234 N. Blue Gum Street Anaheim, Ca 92806 0.714-860-4702 R 714-860-4705 Date: August 22, 2019 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 To Whom It May Concern: Landscape West will not hire professional or consultant any third party company to perform any work. All work will be performed by Landscape West Management Service, Inc. If you have any questions please contact our Office. Thank you, 14 Michael Garibay President Landscape West Management Services, Inc. o. 714.860.4702 f. 714.860.4705 Michael@lwmsine.com lwmsine.com /1 LAN D W ES-02 DATE 121201D9 A`oiry CERTIFICATE OF LIABILITY INSURANCE 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 a . PRODUCER License # 0757776 C ACT Diana Frausto PNONE FqX AreNe,Eat: 805)879-9524 grc`,Nel:(805 617-1762 Santa Barbara, CA - HUB International Insurance Services Inc. PO Box33t0 Santa Barbara, CA 93130-3310 . Diana.FraUatO HUBinternaUODBLC0111 INSUREFUSI AFFORDING COVERAGE NAIC N IINSURERA: Hartford Casualty Insurance Company 29424 INSURED INSURER :Oak River Insurance Company U630 INSURER C : Landscape West Management Services, Inc. WSURER : 1234 N. Blue Gum St Anaheim, CA 92806 INSURER : WSURER,: ^^1M0Anlce "OTIRIrATP IU IMRFR- REVISIr1N 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. er9R TYPEOFNSURANCE AWL. SUM POLICY NUMBER POLICY OFF POLICY EXP LIMITS X I —IMMAA COMMERCIAL GENERAL LIMT CWMMFX ocuR X2UUNOK7437 EACH OCCURRENCE 3 1,000.000 DAMAGE TO RENTED 300,00p MED EXP orc n 5 5,000 PERSONAL& AOV INJURY S 1,000,000 ML AGGR GATE UMITAPPLIES PER: POLICY JP Loc OTHER GENERA AGGREGATE 2,000,000 -COMP/OPAGG 2,000,000 S A AUTOMOBILE LIABILITY ANY AUTO A�gTU �O�SDONLY N TN�OSWyy�}I�.I��Dpo AUTOS ONLY X AUiIXeIY Ix 2UUNOK7437 4/112019 4MI2020 COMBINED SINGLE LIMIT S 1,000,000 BODILY IWURY Per on BpORDILY IMUR PN PeOawdeTYri gMAGE - UMBRELLA LWB EXCESS Like OCCUR CWMS41ADE EACH OCCURRENCE S AGGREGATE DEO I I RETENTIONS IS WORKERS COMPENSATION ANDEMPLOYERS LIANLIIY ,YIN ANY PRORIETORRARTNEREXECUT[VEONlaOW%AW4 EXCLDED! a eS 18 TIMOrFO DESCRIPTION F PERATIONS Oebr LAWC911216 10111/2018 10/1112019 OT X PER K HA 1,000,000 E.L DISEASE- EA EMPLOYE1,000,000 EL DISEASE- LIMB 1,000,00Q DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1ACORD 101. AddmoMl ReMitkS ScMd^ may be anacMd N Ram Splice b mgW,Wl Job Re: Right of Way and Median Landscape Maintenance Services RFP #19-01S. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; Its officers, employees, agents, volunteers and representatives are included as Additional Insureds under the General Liability policy, additional insured coverage applies when required by written contract per the attached form #HG 00 01 0916. -Primary and Non -Contributory wording is included under the General Liability policy as stated on the form #HG 00 01 09 16 attached only' `This certificate replaces and voids the certificate previously issued on 7/18/2019.' City of Santa Ana Risk Management Dh 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 26 2019 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. k M. LAMBERT AUMORIZED REPRESENTATIVE ACORD 25 (2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your Permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: . a. "Bodily injury" to a co"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. S. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequ nt to the execution of the contract or agreeme Page 12 of 21 A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b)Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d)Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (a) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (9) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or HG 00 0109 16 (h)"Bodily injury" or 'property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub- paragraphs (d) or (f); or (li) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "Occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or Premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect: engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the al or HG 00 01 0916 g4P[n omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any Professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; Page 13 of 21 (2) in connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a)The written contract or agreement requires you to provide such coverage to such additional insured; and (b)This Coverage Part provides coverage for "bodily injury" or "property damage" included within 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. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any Professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to Prepare or -approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any Professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III - Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Se 'on IV - Commercial General Liability Con t tions. Page 14of21 �(,,Iff No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or C. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury' or "property damage" included in the "products - completed operations hazard", and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence ". 6. Damage To Premises Rented To You Limit Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. HG 00 01 0916 (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer' or insurance manager, if you or the additional insured is a corporati on; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your Work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by Aou with permission of the owner: e Page 16 of 21 (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j, of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. HG 00 0109 16 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty undet Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective Premiums is the date shown as the due date on the bill. It the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. C. The first Named Insured must keep e0 ds of the information we ne for premium HG 00 01 09 16 � N computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the Page 17 of 21 0 HUB NUB w,.,. NWreem eo ce, 40 East Alamar Avenue Sane Bemare, CA 0105 Tel 50560 -2571 Fax W0 -io55 tic N. 075?/e To Whom It May Concern, RE: CERTIFICATE FORM CHANGE The certificate of insurance we have issued on your behalf has changed from previous forms. ACORD, the insurance industry standards leader for Fortes, updated the Certificate of Insurance Form 25 in May, 2010. Regulations require that agencies use current versions of ACORD. The new form is different from previous versions regarding the `notice of cancellation" clause provided to the certificate holder. Why was this change necessary? • To align the certificate with the policy contract. Cancellation provisions are rights under the policy and are not voluntary provisions that we can alter. The state department of insurance must approve policy forms by law. We are often asked to alter the certificate, or to issue proprietary certificates provided by the certificate requestor. However. there are a number of reasons we are unable to comply with these requests: • ACORD forms are copyrighted, and can only be used in the ways permitted by their licensing agreement, which states that they cannot be used after new forms have been released. • Any document that promises a policy right is considered a policy form. The state department of insurance must approve Policy forms by law. • Notice of cancellation is a policy right, not an unregulated service. No insurer shown on this certificate is able to provide the cancellation notice you desire by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to give you the notice you request. State law also grants the insurer the right to cancel for reasons such as nonpayment with less notice than you require. • Knowing that we cannot give notice under certain circumstances, giving a certificate promising notice would consist of misrepresentation or fraud, which could subject our agency and staff to civil and criminal penalties. • Our insurance company contracts only allow us to issue unaltered ACORD forms. Many proprietary certificates include broad, vague, or ambiguous language that may or may not comply with state laws, regulations, and insurance department directives. Therefore, we cannot issue any proprietary certificates that have not been reviewed by our state insurance department. We appreciate your understanding of the legal restrictions on our ability to comply with your request. Sincerely, Diana M. Frausto Assistant Account Manager