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HomeMy WebLinkAboutSTUDIOFOLIA, INC.i.J URANCE ON FILE N-2020-087 WORK MAY PROCEED IN FlL. INSURANCE EXPIRES QZ /ol IIYL 1 IRK OF COUNCIL AGREEMENT WITH STUDIOFOLIA TO PROVIDE LANDSCAPE DESIGN AND SERVICES THIS AGREEMENT is made and entered into on this 15th day of April, 2020, by and between Studiofolia, Ine -a California corporation ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). 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. In 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 the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 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 $35,825.00 for landscape design and services during the term of this Agreement. b. Subject to proper invoicing from Consultant confirming 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 $17,912.50, 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 $17,912.50, shall be issued within forty-five (45) after the successful completion of the Project. Payment 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. Page 1 of 9 3. TERM This Agreement shall be effective upon signature by both Parties and shall expire one (1) year from the date fast 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 -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 purposes 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 limited to protection against claims arising fiom 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 Page 2 of 9 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 furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 3 of 9 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 under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 9 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE 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 ternis 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 continuing 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, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, pennits, 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 (1\4-30) P.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 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. (Signatures on following page) Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: aisy Gomez Clerk of the Council APPROVED AS TO FORM; SONIA R. CARVALHO City Attorney By: Ryan O. UbdgJ Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency CITY OF SANTA ANA ITiitinCRidge / City Manager CONSULTANT: Junes Dinh el Owner Page 9 of 9 EXHIBIT A FEE PROPOSAL FOR LANDSCAPE WORK studio/i' James Dinh 12723 Park Street Cerritos, CA 90703 P: (562) 841-251.2 E: studiodinh@gmail.com Willits & Sullivan Public Art project Santa Ana FEE PROPOSAL FOR LANDSCAPE WORK 3/16/2020 DESIGN & MANAGEMENT I 1 I I 2,500.00 CLEARING, GRUBBING, DUMPING 1 4,730.00 PLANTS & INSTALLATION 1 1 1 I 15,279.00 DECOMPOSED GRANITE PATHWAY&INSTALLATION I 1 I I 3,696.00 LIGHTING & INSTALLATION I 1 I I 4,620.00 IRRIGATION REPAIR I 1 I I 5,000.00 TOTAL $35,825.00 DIESCRIPTI¢N, ' TY ' �lNITPRI�E, AMOUNT` THIS CERTIFICATE M ISSLIED ASA MATT ER a FIN FORM AT] ON ONLY AND CONFERS NO RIGHTS VP ONTHECEIT_ _ HEICAI'E HOLDER 1'I IIS CERTIFICATEDOES NOT ATE AcC) V RIG DATE(MM/DD/ 11/22l2019 CERTIFICATE OF LIABILITY INSURANCE Y) 'AMEND, EXTEND OR ALTER THC COVERAGE AFFORDCD BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOTCONSTITUTEA CONTRACT BLTWEENFTHEI ISSUING IHSURER(S}. AUTHORIZED REPRESENTATIVE OR PRODUCER AN )THE CERTIFICATE HOLDER. i SURED. the IMPORTANT: HIT, epolicy,cecertificate in ujj as rADmTIDIIALI rdwsern.m. AlFw Goneal anhi ADDITIONAL Igllnng or beendorsed. [IS UBROGATIONISWAIVCO,sr:biecttethetermgand rnntlltfons of the Poli y,aer[aln palldes may reRViramendorsement Ast remvnin thiv ce tiRaa[e do sI t unfar rlryhfs nr the cart Rcate holder in live ofi ch ondmsemmst(s) PRODUCER CONTACT - NAME: Why Lamrn(9755341-1) PHONE 2915 Red hull Ave Ste 1`201 ' (A/c No EXT) 866-416-8939 (A/C, ND) 866-Hi6-8939 i [.MAIL _._,. I Costs Mesa CA 92626-3428 [ADDRESS: kl2mfn@farmeisagent.com INSURER(S) AFFORDING CDVERAGE NFlICYf INSURED INSURERA 1­11Truck InSLIrance Exchange __ , 21709 DINH, JAMES INSURERS Faramrs lnslifance Exchange ! 21652 � STUDIOFOLIA INSURERC Mid Century Insulance Company - 21607 i 12723 PARK S'II INSURERD: - - -- CERRITOS iwsuarer..--�` CA 90703 INSUItLRF: I COVERAGES CERTIFICATE NUMBER: - - R ItEV15lON PLUMBER: rl'R51.SLMERr11Y f11Ar TOII it IOLION Or INSURNYC(ANCCCT R 11F,R HA/LETWITT RESPECT f1EIO VIR HD NAME ABOVE FOR f HEMAY POLICY LDOR INDICATEDNOTWjEsu"NCEAHOANY REOUIRFML5I, TERM OR CGPIUIID ION OF ANYCOPIEI U R S, EXCLUSIONS ONDI RESPECTTOP/11OLICI IS CERTSSHObMAYRE ISSE BEEN MAY PER DB1N.THE INSURANCE ApfORUEf3 BYTHE _ LUSItlNS AND CONDIT101L 01"SUCIIVOtICIF �. LIMITS SHOWN b1AYINVE BF;EPI REDIICEfJ BY PAID r'IAIMS j 1 1DOTL ILyn LTR v SllI3R POLICY MUMeCR T PQLICYEVF POLICY LXP -- !1 TYPE OFINSURANCE I I lu .)ALL THE IRMS f%C mu I(MM/DO/VYVV) (MM/DO/YYYY) LIMITS ' COMMERCIALfEDIFAALLMRILITV t ----- 7 --�- CT]--� I i I I I I CAf.H OCCURRENCE 8 1000,ODU 0.AINISMAI]E X OCCUR I DAMAGETO RCHILD Ij , -'---' ---- PREMISr.S(fa Occurrence) 75;000i NiCUEXP In Yon Par on) Iq t _ Y _ Y 605513299 - 02./0112020 02/01/2021 "FPSONAL&AD INJORY s iD0U 000F' CtN L ACrnRF.GAI E LIMII APPLIES PEfL Plo GENERALAGGRCGArE _-1S i 000 0OU, __ — ; POIIU VrtUl Efl !OC. I I I PRODUCT COM1IPr OR AGG j _11 OILIER:. -_ - ALnOMOaiLf: LIABILITY i rONiBINE11SINGLE LIMIT �- -ArvY AIIfD iEaaccfdentl -., b 1000,00(7 f BODILY INJURY We, I1aI, T) I$ A OWNIIDAUIOS I5CHEDIILF.D I -"- I UNLY AUTO.) BODILY INJURY par eccfden'1113 I 1 G055132.99 02/0112020 02/01/2021 I IIIRLOAHSOS ' X NOD QwNLJ ONLY ALRDSOPBY PROPERLY PDAMAGE PROPERTY UMRRCLLALIAIi '. OCCUR ! EXG,ESS LIMI CLYINIS h1ADE I E'A(51 OCCIINNENCt A , > ._ _ ___.__ AGGREGATE q DEC Rm CI RIGPI$ WORNERSCO PE RS'LIAILIT _ -- I PER APIs EMPLOYER5'UARIIIT\' OII IF.R ; S1AIU'f. ANYPROPFHETOR CXSCUHVFOFF1cFP MFNIRi Y/x EA. UCHACCIDCNT EXECu1 NF UI'fICER;MG41Rr-R -- N/A 15 I I EXCLUDED? (Mandate" In NhU El DISEASE F.AfMPwvEE p -- --� ffyeslucrhamtder DTCRIPTIUNOF --_--- ""-""-'-- -1 OPEIEAlIONS below I EA DISFASE P(IIICYLINIP d '. DESCRIPTION Op ORERATIONS/LOCATIONS/VEIIICLF,S (ACORO ItlI Atldltim al Remark Schadule, nlny be afta<hetlUmnre space is required) - - --- I I12723 PARK ST. CERRITOS. CA 90703. '1 HE CITY OF SANTA A AN(�,{'G$r = EMPLOYEES AGENTS AND VOLUNTEERS HAVE BEEN ADDED AS IAN ADDITIONAL INSURED VIA A PRIMAR C f7�'llkNfl 9EMENT. 30 DAY NOTICE OF CANCELLATION. EiIY RISC MANAGEMENT pNI510N CERTIPICAIE I IOLDER —_ _.. CI — OF nuANTA ANA— —_ _.-. 20 CIVIC CENTER PLA7A C _..-. _..._. ....._SANTA.ANA—.. CA V27GL_____. OF THE ABOVE DESCRIBED POLI Cl AUTHORIZED REPR ,Tf 3E CANCEIALED BEFORE THE EXPIRATION ORDAP(OC WI TH THE POLICY PROVISIONS ACORD 25 (2016/03) ©196-2015 ACORD CORPORATION. All Rights Reserved 31 1769 ILLS The ACORD name and 1090 are registered marks of ACOHO 0TY OF SANTA ANA RISK MANAGEMENT a ebwAn a 4HUMAN REsciuri Es tu'Im��� "r 1 ?lrk-1ging FPslk G»Ur �<t I''lJ'i1r VN (-ITrinciP ADDITIONAL INSURED ENDORESEMENT Insurance Company: —_� This endorsement modifies such insurance as is afforded by the provisions of Policy # r,(`{.`-it",%`("j relating to the following 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. 1"he 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, �?" /aC /" �,, > - / this endorsement form as a part of Policyt#�--- .. Issued to dd.<v\e:=. (Named insured) Countersigned by Aq, orized, epresentative REVIEWED & APPROVED By Risk MANAGEMENT DivislON i; I Risk Mgmtiinsurance Requii etnenislAdditionai Insured Endorsement 081.52019 'THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. POLICY NUMBER:605rd-32.99 OPA FAR MERS INSURANCE ADDITIONAL INSURED -SCHEDULED PERSON OR ORGANIZATION I l its endorsemel a modi flee Insurance providtd andrer rha Followhtg. BUSINES SOWN ERS LIABILI IY COVERAGE FORM BUSINFSSOWNERS COMMON POLICY CONDITIONS JGro840 god Edition Wit II respect to cuveragra provided by This endorsement. UIe Provisions of the Coverage Form apply unless Inoriffieri by the endorsement. r SCHEDULE ;Nance Of Additional Insured Person(s) r:ITY6F5AN1'AAPIA,IR6FFICF:rLS - Or Organlzatlon(s)I '.� EMPLOYLES. A(1EN16tPV(,LUNIELR1, Location Of Covered Operation(s): 12723PARKS1 CE RFKOS CA 90)03 Effective Date Of E n<lorsement: If nu enh+-a,r<tr abov<t. inlurmation rPd rured [o dour Este this endur.,enua - --_- --- ' 1 _FF ___. 1 p rn will beshownin thr. declarations ilre.L71JSIPIESSO4VP11:It5 LIABIL11YCOVERA61, FORM Lsaalondedas&,ilowrs: "- A. N rit respect to the additional iruufed described in Paragraph B. of this andorsement, the 10110winy exdtuions are added to Paragraph '1. Applicable To Business Liability Coverage uncle, Section B. Exclusions: 1 his insurance Boas not applyto: I. 'Bodily injury" or "pmpetty clamage" for which theaddihanal Insurerl(s) is obligated to pay damages by Ieason of [heassumptlonofll)woul namubact oragreernalrt. inufaclusrondoesnutapply Co liability fordamages that urn addil'ional Insureds) would have In the absenceoi the connacr or arjrec+men[ 2. "Bodily injury"o, "properly damage"oceurting after a. Your ongoing "Peradons at the Incat`IU11 of covered opelaCrnns omer than service rnaintenanre or repairs pertonned by you or un your behalf have been c:oulp,prod: nr b. fhe portion of your ongoing Operation Out of which the "bodily Injury" or "Lvoper'ty damage" arises has been Put to Its intomde I use byany person or organization. oat in no evenrshall Ws Insurance apply to "bodily unury" or "puriperty dannge"aris'ing out of your operations slat ware completed prior to Cha ef(ectivc dale of this endorsenlent- 3. "Bodily Injury" of 'Properly damage" ansing out of any act or omission of the additional in5'ured(s) of any of its "POIPloyaes", agents or ronnacturs other than you, ex,cpl for general suparvision by the addihonai heu r,o(s) of your ongoing operations performed for that addf tion:al insured. 9, "Property to a. Propertyowned,usedlor occupied byor rented to the additional insured(s); b. Property in the care cusmcly or Control of the additional insuredis) or over which the additional fnsured(s) exercise physical Control, or c. Any work including materials, was or er.luipntent funnshed fir anmection with such work which is performed for theaddilional insured by you- APPROVED IVS11,0-LD209-1& LA 'YL2h"J;.jrltet eAd`,ti � iw, ftllTel_l��`(-nv:ces'Jh•_.: Inc whl+its eenussinrr. ,16 Page 1 oF2 gy Rislc V'H M rrq.rown B. Section C. Who Is Art 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 addltlonal insured(s) is held liable for "bodily injury" or "property damage" caused in whole of I part by: 1. Your ongoing operations performed for such person or organization at the location designated above; 2. 1'be acts or omissions of your subcontractors acthtg on "Your" behalf on the schecluled project In the performance of your ongoing operations for the add ltlonal Insured(s) whlch start and are completed within the effective period of tills endorsement; or 3. The acts or omisslonsofsuch addition a lnsured(s) in connection with its general supervision of such operations. C. With respect to tills endorsement, "wrap up policy" means an Owner or Contractor Controlled Insurance Program providing one or a series of policies designed to cover a specific construction project that Insures al I of the persons and entitles worldng on such project. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended as follows: A. With respect to the additional insured described in Paragraph B. of thisendorsement, 5ectlon H. Other Insurance Is replaced by the following: H. Otherinsurance 1. Primary and Noncontributory insurance The coverage provided to an additional Insured under tills endorsement shall be primary and noncontributory ONLY Warty insurance issued directly to the additional insured If: a. The Named insured agreed In a written contract or written agreement to provide file additional insured coverage on a primary and noncontributory basis; b. Such written contract or written agreement referenced Ina. 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. I'hem is no "wrap up policy" in effect for the work performed at the location designated In the Schedule of tills endorsement. 2. Excess Insurance If there Is other valid and collectable Insurance available to the additional tnsured(s) as an additional Insured under other policies covering the work performed at the location designated and described in the schedule of this endorsement, tills insurance will be excess over those policies. This endorsement Is faartmfEWMIN APPIR( (l�nd controls anything to the contrary. It Is otherwise subject to all the terms of the policy. �By Risk MAppNACIEMENT DIVISION 1\ O 1684O-ED2. 09-18 In dudes copyri0htedmaterfal of Insurance services Office, Inc., with its permission. Page 2or2 93-e840 J6840202 I following herehy affirm under ponrdty of I certify on bola[ `of 5tudiofolia ----�.-....,......._.....,,�,_, that during the to eoattrart With the nT it D vetl0i'loll'nttoe QY, ) t�.. er �}', City Of Santa Ana, I wit t ni any person in any a anne so as to become subjCot to the evorlCerS' Compealaation California, and agr e tha� ifI Should become subject to the workers' competaSatb Provisions of Seed tT 37 0 of the Labor COLIC, 1941811 forthwith Comply with tho; provisiona. DAB; S©pte ber 4, 2019 i By, Name: James Dinh Title: Principal Telophono: of my employ tws of WARNING: FA B - 0 SECURE WOI KpRS, COMPBNSAI"ION COVB AGEIS UNLAWFUL, AN SI• .LSUBJECT AN EMPJ-oyVj� T'O CRIMINAL PEN LTCC S AND CIVIL PINB. UJP 1 O ONE HUNDRED TkIOUSAND DOLLARS ($100,0 0). IN AMAGES AS POVIDE I IN SRCTfON 370fi E �IB LOABOIZ COL"}II,�IN:I'B12LD",S1 AN[) A'C1 OItNE S B FOR S REVIEWED & APPROVED By Risk MnNngcmt NT DivisiON MAR 27? 12723 Park Street October 10, 2019 To Whom It May c( I will not be using a the Willits & Sulliva year from the signir Sincerely, James Dinh of 90703 1562,841,2512 1 James@studlofolia,com 1 (any owned, rented, or non -owned automobiles) for fication Project Permanent Display, The term of my agreement, REVIEWED & APPROVED E3y:f215k MANagemeNr DIVISION AR.'' )� ----- s related to will be one r, t d 0 12723 park Street 1 C rrltos CA 00703 I. 562.841 - 2512 1 James@studiofolia.com 1 November 14, 2019, To Whom It May C ncern I will not be hiring a liven ed professional such as an ;architect or engineer for the contract, which will be onyear from the signing of the agreement. James Dinh REVIEWED & APPROVED By frisk MnNAgemeNT DIVISION .Ctlm of my