HomeMy WebLinkAboutSTUDIOFOLIA , INC..� City of Santa Ana
a Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect.
Return form to the Clerk of the Council Office (M-30).
The agreement with i ttU��a TpUr yes ��}J_,
"TC_Office Use Only
-- n, rr 16 PH q,- 58
CITY OF SA T
CLERH OF COUNCAtJIA
IL
VW rJctjme�}
No. N 2020 - b--M was completed on "( la' 2,o jA and final payhcff- t-has been made.
(List all amendments. Use space below if needed.)
Department: C4)A4 6m,.QEc
Phone/Ext.: XS3EiJ�
Signature: jt4e,.-
Date: t{-((.,-U20
Revised 04-12-10
N-2020-079
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
2AIZa2 ,
CLERK OF COUNCIL
DATE: AGREEMENT WITH STUDIOFOLIA TO PROVIDE
0' Cllut,t�Yakh le dI LANDSCAPE DESIGN AND SERVICES
>. THIS AGREEMENT is made and entered into on this 23rd day of March, 2020, by and between
N Studiofolia, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city
o and municipal corporation organized and existing under the Constitution and laws of the State of
N� California ("City").
N
O
o RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
landscape design and services for the Willits & Sullivan Beautification Project Permanent
Display ("Project').
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. [n undertaking the performance of this Agreement, Consultant represents that it is
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 die mutual and respective promises, and subject to the
ternis and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services for the Project described and set forth in the Fee Proposal
for Landscape Work, attached herewith as Exhibit A and incorporated herein by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement by the City to Consultant shall not exceed $22,450.00 for landscape design
and services. A contingency amount of $2,365.00 shall be included, as well as
$5,000.00 for irrigation repairs, as needed, for a total not to exceed amount of
$29,815.00 during the term of this Agreement.
Subject to proper invoicing from Consultant confining all expenditures from the
Project, subject to City accounting procedures, payments shall be made from City to
Consultant in two (2) installments. The first amount of $11,225.00, half of the total for
landscape design and services, shall be issued within forty-five (45) days after final
execution of the Agreement. The second payment for $11,225.00, plus any
contingency amount or irrigation repairs, as applicable, shall be issued within forty -
Page 1 of 9
five (45) after the successful completion of the Project. Paytnent need not be made for
work that fails to meet the standards of performance set forth in the Recitals, which
may reasonably be expected by City.
3. TERM
This Agreement shall be effective upon signature by both Parties and shall expire one (1)
year from the date first written above, unless terminated earlier in accordance with this Agreement.
The term of this Agreement may be extended upon a writing executed by the City Manager and
City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant 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-employec 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 set -vices 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.
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 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 put -poses intended by this Agreement shall be at City's sole risk.
6. 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
Page 2 of 9
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,
and representatives as additional insured(s); (b) be primary and not contributory
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 provisions of Section
3700 of the 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 canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
V. Consultant shall supply City with a fully executed additional insured
endorsement.
If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to fiunish 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
Page 3 of 9
indemnify the City for any work performed prior to approval of insurance by the
City.
7, INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability; (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The 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 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 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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 Consultant to the City pursuant to this Agreement.
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 sunder 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
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 fiom the date of final payment to Consultant under this Agreement.
Page 4 of 9
10. CONFIDENTIALITY
If Consultant receives fiom 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
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, 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. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, 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 terms 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 any
party, which is not embodied herein.
Page 5 of 9
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
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. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. 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(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
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.
16. 'WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a contimung waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, andenforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. 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
Page 6 of 9
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
F.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
Fax:714-647-6549
To Consultant:
James Dinh
Owner
Studiofolia, Inc.
12723 Park Street
Cerritos, CA 90703
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 7 of 9
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and light 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.
(Signatures onfollowingpage)
Page 8 of 9
IN WPPNBSS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written,
a� a31 �
L-., ,..
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM;
SONIAR, CARVALHO
City Attorney
By:
Ryan O, YbdgJ
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Steven Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
I ri, ine Ridge
City Manager
CONSULTANT:
James Dinh
Owner
Page 9 of 9
studiof olia
James Dinh FEE PROPOSAL FOR LANDSCAPE WORK
12723 Park Street
Cerritos, CA 90703
P: (562) 841-2512
E: studiodinh@gmail.com
Willits & Sullivan Public Art project 3/16/2020
Santa Ana
DESCRIPTIO
DESIGN & MANAGEMENT
1
UNIT PRICI��MOUN117
2,500.00
CLEARING, GRUBBING, DUMPING
1
4,730.00
PLANTS & INSTALLATION
1
15,279,00
DECOMPOSED GRANITE PATHWAY & INSTALLATION
1
3,696.00
LIGHTING & INSTALLATION
1
4,620.00
IRRIGATION REPAIR
1
5,000.00
TOTAL
$3S,825.00
DESCRIPTION QTY UNIT PRICE AMOUNT
ACORO�
�- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/pp7YYYY)
-- 11 /22/2019
THISCERTIFICATE IS ISSUED AS CMATTER OVERAGOFINFORMATION BY
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AUTH O, AUTHORIZED
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Kalhy Lamm(975534FI) NAME:
2915 Red Hill Ave Ste F201 PHONE FAx - —
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t'2723 PARK Si, CERRITOS. CA 90703 THE CITY OF SANTA S, EMPLOYEES AGENTS AND VOLUNTEERS HAVE BEEN ADDED AS
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BAN ADDITIONAL INSURED VIA A PRINIAR0"ElY&AVIAMBEIVIENT 30 DAY NOTICE OF CANCELLATION
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AuiHON12ED REPP - AT1VE� i : x - -""-- -
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ACORD 25 (2016/03) 11 1769 I Ii t 19AB-2015 ACORD CORPORATION, All Rights Reserved
The ACORD name and logo are registered marks of ACORD
CITY OFSANTji ANA
RI5HMANAGEMENT4 4 HUMAN RESOURCES
Mee �aginy Risk ny«.pn Positive CIT.unye =
ADDITIONAL INSURED ENDORESEMENT
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This endorsement modifies such insurance as is afforded by the provisions of
Policy It ;j`I`I relating to the following "I t ".-( I ` ',C, ( , (7-_
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees,
agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and
defense of suits arising from the operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf of the named
insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with
any other insurance carried by or for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is brought except
with respect to the company's limits of liability. The inclusion of any person or organization as an Insured
shall not affect any right which such person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced
in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20
Civic Center Plaza, Santa Ana, California 92701.
Completion of the following, including countersignature, is required to make this endorsement effective.
Effective �c i') , this endorsement form as a part of
Policy- - "
H iEC �_, I'.; �'i'I
Issued to jit,Vw-
(Named lnsured)
Countersigned by,
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REVIEWED & APPROVED
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I:IRiskNlgmlhnsurance 8equirementslAdditionol insured Endorsement 08152019 ! --�
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY.
F'Ul.lr! NUMBf. R.Fn SS I � i2 9'i
FARMERS
INSURANCE
ADDITIONAL INSURED - SCHEDULED PERSON OR
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NUS INLSSOWNERS LIABILI I COVLRAGt I ORM
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SCHEDULE
Name Df Addltionallnsored Person(s) .=IT'f Of Sarllt AH4.Ilb OFFICEks
Or OryanizaTlon(s): Eb,PL„,'EES •V,ENIb k VOLUN!H.ItS
Locatlon Of Covered Operation(s): 12" p4ro, l
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ENecINI Date Of End orsemenC t., [619 -'--
rfnn,,try appears, Love udorntallun reynired ht nnt!'letc this eudur5emwn trill Le Shown iu the Declarations
Inw BIISINESSU4VNLRS LIPaI LJ IY I.UVERIGI, "IMM's amonrkd is fA,ILtws
A. With iesperl to Rreaxuriunal in,u ..Fibtetlw Fataytal.1Bof nds en•aorseniur.Ihefulluwiny �tdusiuns arenidtal
t� t Paragraph 1. Applicable To Business Liability Coverage tinder Seehon e. Exclusions
IIits insurance does not apply to
1. ' Bodily rrr)uty' of "pluperey Udutaye" fur whu:n ttu_ adch[ianal mstu.. obhyated to tray Ln,I, es by ieav_r, of
the assungxiou of liability in a ; on na't ur ayl eeulsu t. file exclusnun dots mA apPly 0IiaL ill y if , damages that the
addi rinnal In5urEd 0 would I1:1vn In RIP absanr e,a the = nn r.arr :N agrera gryn
2. "Budilylntuly''•it 'property damage' nc:un LigjLer
a. your ongoing I., ari u+ at [I - lucauor of ad m r 'I.n.-t 0,411 seryiie nnnu tenar•ra ,u iehaits Pedunn'-d 6J rcat -n on ynm LAb ;..
b. Ill, Portion Of your •,rnyoln i I`con", r•ol -
O1' '� Ploperty-latnaz)e"<uises has ulLitsinlei,leduseb m er,nt ,n ur_: - jLien
P V� yp /... ..
Rtnlntl, everlsllall lhlsmsatraneakl.ly t'"L, a n, tlarnaye"ansinc •,n,fi uw r•
welecenlpleted Prior to tiueeffe,. owd:,te"Ith ,. J - V-Peramns that
3. Bodily injury. or (impel ly clal I aye, 1,-111q
usat ni I - add itiunal Idne, Its I or any of it.,
"our ongoing celati I1 Cuuforme s _ ri, (Ilan I t _xLd I r I • al -u � rv. urn b Ih-
your ongoing eucra!!uns Performed rot ghat addmon.tl n,sure,i I w Tdrlinrnal lnsm e,.Rs)ol
9. "Pr-pettydam.,ge"nr
a. (11,txrtlowned USLdhtr ue,_ u'ledb �r ten", P V' Jn,tlt=n,hPnmar
b. Properly in ill" care custody ur C"ou"I of 01F aU[nrt.C.11 im.m di or over Vhich the addihnnnl rrisuredis)
exercise Physical a=utw[ ur
c. Any vnxk including Inareuals. Parrs ur _11" prnenl tW n6rYFl Ili 1,,, 1 un arini such work oMith rs pertonnaJ frx the additional Insut�d by you
,t,,J,ti-EU[d,.lr, REVIEYJ D& PMoO vD.,.-_.rr:e .
Risk' ANSI' ,.,• Page I ur:
BY r,a•r., „
B. Section C. Who Is An Insured Is amended to Include as an Insured the person(s) or organization(s) shown in the
Schedule, but only to the extent that the additional Insured(s) Is held liable for "bodily injury" or "property damage"
caused in wholeor in part by:
1. Your ongoing operations performed for such person ororganization at the location designated above;
2. The acts or omissions ofyour subcontractors acting on "your" behalf on the scheduled project in the performance of
your ongoing operations for the additional Insured(s) which start and are completed within the effective period of
this endorsement; or
3. The actsor omissions ofsuch additional Insured(s) in connection with ltsgeneral supervision of such operations.
C. With respect to this endorsement. "wrap up policy" means an Owner or Contractor Controlled Insurance Program
providing one or a series of policies designed to covet a specific construction project that insures all of the persons and
en titles working on such project.
The BUS INESSOWN ERS COMMON POLICY CON DITIONS are amended as follows:
A. With respect to the additional insured described In Paragraph B. of thisendorsement, Section H. other Insurance Is
replaced by the following:
H. Otherinsurance
1. Primary and Noncontributory Insurance
The coverage provided to an additional Insured under this endorsement shall be primary and noncon Wbutory
ONLY to any Insurance issued directly to the additional Insured f h
a. The Named Insured agreed In a written contract or written agreement to provide the additional insured
coverage on a primary and noncontributory basis;
b. Such wlltten contract of written agreement referenced in a. above was executed prior to the Issuance of
thisendorsement;
c. The additional Insured designated herein hasa policy with an Other Insurance provision making that policy
excess; and
d. There is no "wrap up Policy" in effect for the work performed at the location designated In the Schedule of
this endorsement.
2. Excessinsurance
If there is other valid and collectable Insurance available to the additional insured(s) as an additional insured
under other policies covering the work performed at the location designated and described in the schedule of
this endorsement, this insurance will be excess over those policies.
This endorsement is M 1E1Yc�ica./:PtRWMnd controls anything tothe contrary. It Is otherwise subject to all the
terms of the policy. ByR
8y Risk MaNAGeIxENr DivisioN
4Txz)---
J6840-ED2 09-18 indudes copyrighted material of insurance services Office. Inc., with its permisslou Page 2of2
93-6840
16840202
I
following
herehy affirm under penalty of
I certify on behnif of Studiofolia
(orgarilzation Name) that during the to
contract with the mnuuiity Devclo meni A gency City of Santa Ana, I will nt
any person in any
California, and ag
provisions of
provisions.
DATE:
WARNING: R
UNLAWFUL, I
AND CIVIL Fit
ADDITION TO
IN SECTION 3
nnor so as to become subject to the workers' compensation
tlta� if I should become subject to the workers' compensati
37W of the Labor Code, I sba;l forthwith comply with tho;
the
of my
employ
uws of
73,2119
Ely:
Name: _- James Dinh
Title: _ Principal
i
Telephone: 562-841-2512
JRE TO SECURE WORKERS' COMPENSATION COVERAGE IS
S1-LA,LL. S UBJECT AN E1vIPLOYER TO CRIMINAL PEN TIES
UP TO ONE HUNDRED THOUSAND DOLLARS (,$I00,0 ). IN
i COST OF COMPENSATION, DAMAGES AS PROVIDEFOR
)FTiE LABOR CODE, INTEI;EST, AND ATTORNEY S MEES.
REVIEWED & APPROVED
'By Risk MANAgEMENT DiviSiON
M R 271 _- 1�--
Audi pia
12723 Park Street 1 Ce rhos, ICA 90703 1562,841.2512 1 James@studiofolia.com 1
October 10, 2019
To Whom It May Co tern:
1 will not be using a ehicl (any owned, rented, or non -owned automobiles) for
the Willits & sulllva Beau Iflcation Project Permanent DlsPlay. The term of my,
year from the signin oft agreement.
Sincerely,
James Dinh
REVIEWED & APPROVED
By Risk MANAGEMENT DIVISION
AR, fr2L
f
i
s related to
will be one
, ('40
12723 Park Street i C�rritosl CA 40703 1562.841.2512 1 james@studiofolia.com j www.stLiofolia.cc
November 14, 201 1 I
To Whom It May C ncernl
I will not be hiring a licen�ed professional such as an .irchitect or engineer for the t rm of my
contract, which will be onle year from the signing of the agreement.
Sincerely,
James Dinh
REVIEWED & APPROVED
By Risk MANAgEMFNT DIVISION