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HomeMy WebLinkAboutPREMIER PEST SERVICES WESTINSURANCE NOT ON FILE N-2020-179 WORK MAY NET PROCEED CLERK OF COUNCIL DATE; AGREEMENT WITH PREMIER PEST SERVICES WEST V pW&0Xf�r y0 10 TO PROVIDE PEST CONTROL SERVICES ¢YY1c+r�pltZ� f A THIS AGREEMENT is made and entered into this 1 st day of November, 2020 by and between Premier Pest Services West ("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 City desires to retain a Contractor having special skill and knowledge in the field of pest control for the Water Resources Division of the Public Works Agency. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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: 1. SCOPE OF SERVICES Contractor shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement shall not exceed $25,000. This sum is comprised of (1) $23,800 as the base amount and (2) a contingency in the amount of $1,200 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 31, 2021, unless terminated earlier in accordance with Section 17, below. Pagel of 8 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws'), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection Page 2 of 8 against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (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. Workers' Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, 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. Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 3 of 8 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights 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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or Page 4 of 8 disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Premier Pest Services West PO Box 1867 Anaheim, CA 92815 Attn: Vicente Martinez, Owner 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 Page 5 of 8 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 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. This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. Page 6 of 8 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. 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. [signature page to follow} Page 7 of 8 N-2020-179 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ,I azsy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney JoU M. Funk Senior Assistant City Attorney RECOMMENDED FOR APPROVAL h o, ' v 11 f1 L-- Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Krisfine Ridge City Manager PREMIER PEST SERVICES WEST Name: V,�EN fE MA2 riNE2 Title: owNE2 Page 8 of 8 Exhibit A PREMIER ire rrst=iavicrivi=sr October 7, 2020 PEST CONTROL & MAINTENANCE PROPOSAL City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 To whom it may concern; Premier Pest Services West -truly appreciates the opportunity to provide you with safe and effective pest control services. QUARTERLY PEST CONTROL SERVICE Premier Pest Services West will provide quarterly pest control service that will consist of removing cobwebs, wasp nests within reach, and completing a detailed pest control treatment for all general pest concerns. These services include treatment of ants, roaches, spiders, crickets, earwigs, centipedes, fleas, wasp, and hornets. Rodent control or treatment of bees are not included, but can be completed at an additional cast. Areas to be treated will include pump station facilities, well station facilities, interior of vaults, landscaping of all sites and other specified areas. All products used are expected to dry in about one hour and have minimal scent. After each service, we will provide you with a detailed service report that explains what was completed, activity found and any recommendations, if needed. If any concerns arise between services, Premier Pest Services West will come back and inspect all troubled areas at no additional cost. V 714-353-20e2 EDVort+MPwW¢siCA:com @PWVMPE11SWVSWMr.00M Q PO B X 1Gb7ARM0M C 1.92a15 u (� ihm i�csT sc+zvie�es wr-sr SERVICE LOCATIONS Elevated Tank, Cambridge Station, East Station, J. Garthe Station, South Station, West Station, Well 16,18, 20, 21, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, PRV-1, PRV-2, PRV-3, PRV-4, Maxine, Segerstrorn, SA-1, SA-2, SA-3, SA-4, SA-5, SA-6, SA-7, Crooke Station. QUARTERLY SERVICE COST The quarterly charge forthe service locations referenced above will be $5,950 with an annual service charge of $23,800. ADDITIONAL SERVICES If needed, initial rodent bait station placement will be $30.00 e� r box -and $5.00 for the recurring maintenance per station. Any beehive removal will be an additional cost of $175 per occurrence. Please do not hesitate to call me if a problem or concern should arise. I hope to have the pleasure of doing business with you for many years to come. Thank you for giving Premier Pest Services West the opportunity to serve you. Best Regards, Vicente Martinez Enclosures: Vendor Information Form Certificate of Liability Insurance Additional Insured Endorsement W-9Form Electronic Payment Enrollment Form Pest Control Estimate `. 714-3153-20e2 ®virHM0PmW cA-0A Pa PEs4ss sWWr-C1, q Po8m18WA wmcA.a2els Of NOTE: The City of Santa is requesting intensive pest control on a consistent quarterly basis. At a minimum, pest control shall be utilized not only on the exterior landscaping of the sites, but also on the interior of vaults, pump station facilities, well station facilities, and other specified areas. Rain Did Item (bv �% 53tt tlx. �uat Fee Sifp� 1. Tank 14thlPoinseftia,Santa Ana, CA 92701 2. bridge Station 2736 N Cambridge SL Santa Ana, CA 90701 $ 3. Station 1730 S. Santa Fe, Santa Ana, CA 92706 $,__2Q 4. arthe Station 2401 N Bristol St, Santa Ana, CA 92706 $�y 5. h Sta 10 1727 W Alton Ave, Santa Ana,. CA 92705 _ $ Ii Ors,,,,,_,_ $,,,,,,,,,�,. Q(Z„„„„ 6. West Station 4426 W 1 st St, Santa Ana, CA 92703 7. ut Station 723 WWalnut St, SantaAna, CA92701 $ o $_600 96 1011 W. 6th St, SantaAnaCA92701 $_„tea,,,,,,,,._„ $417Q- 9 18 2401 N Bristol St, Santa Ana CA 92706 $..._LOGr $,,,,,,,;,,tr n10. ITkated 20 201 S Mountain View,: Santa Ana CA 92704 $„-_GQQ $„�y,Qo 11. 21 209 3/4 S Mountain View, Santa Ana CA92704 12. 24 1800 W 22nd St, Santa Ana CA 9270813. l 26 1730 S Santa Fe, Santa Ana CA 9270514.. 27 730 E Memory Ln, Santa Ana CA92706 28 730E Memory Ln, Santa Ana CA 92706 $„_,,,,, „. . $�W-12—1 29 S/E :1st St & Fbmr St, Santa Ana CA 92701 $lde17. l 30 4240 Simsburry Common, Santa Ana CA 92704 $ ..ivo $ 18. Well 31 1815 E Chestnut. St, Santa Ana CA 92701 $ aw— $—Lin„,,,_,_ 19.. Well 32 2801 N Westwood, Santa AnaCA92706 $ LQo,— $ 'J 20,.,.,.,,.,,„ 24 Well 33 921 W Walnut St, Santa Ana CA 92703 $ 2 _ $ - 800 2t... Well 34 ` 1727 W Afton Ave, Santa Ana CA 92705- $�QQ. $.-..__aQQ—' 22. - Well 35 1718 N Sydeny St, Santa Ana CA 92706 - $„,,,,,_ZQa ,,,_, . $..�.... `1 .._..._ 23 We1136 2415N Bristol St, Santa Ana CA 92708 24... Well 37 2007 W. -McFadden Ave, Santa Ana CA 92704 $ ioa...o; 257 Well 38- 2736 N Cambridge St, Santa Ana CA 92701 _ $ 00. 26. - Well 39 2315 N. Bristol. St, Santa Ana CA 92706 27.- Well 40 11753 E Fruit St, Santa Ana CA 92701 28. Well 41 1011 W. 6th St, Santa Ana CA 92703 $ i DQ;— $®N f o_ 29 PRV-1 501314 West Memory Lane, Santa Ana CA $/Q� $,._ 9 'r—; 30. RV-2 1345 3/4 N Grand, Santa Ana CA $.�,..1 Q-.�.-,., $ 1!^�..—.: MIX! I 1e Address Qua r _Few Annual Feg 31: PRVS - 399 314 E Unit Wat, Santa Ana CA $.V,� QQ $e,e„2QQ-..,-_-.... 32. PRV-4 1668 E 40r St, Santa Ana CA. 33. Maxine NE McFadden/Maxine, Santa Ana, CA- 92701 $ $ Y00 34. Segerstrom -. 2903 S Bristol St, Santa Ana CA 92704 35, SA-1 2315 N Bristol. S, Santa Ana, CA 92706 $„_„„JAW— 36. SA-2 Bristol St & First St, Santa Ana CA $_.LQQ— $„,.: YQ,Qw.�,_.. 37. SAS. 1300 W McFadden, Santa Ana, CA92704... $,_„_L92,.__._,. $ yvo 38. SA-4 1299 N Tustin Ave, Santa Ana, CA 92707 39. SA-5 113tistolSt& Alton Ave, Santa Ana CA 40. SA-6 2301 N Tustin Ave, Santa Ana, CA 92705 41. SA-7 2215 Ritchey St., Santa Ana CA92705 42, lCrooke Station 1702.E Memory Ln, Santa Ana. CA 92706 Digit Tori Pierson Dateazl021.1n1.1009:10:59e08'00' ACOR" CERTIFICATE OF LIABILITY INSURANCE Ill DATE(MM/DD/YYYY) 11 /10/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Palm Valley Insurance 45541 Oasis St CONTACT Aide Nunez NAME: AICNNo Ext : (760)775-7256 A/C No): (760)775-7222 E-MAIL E-MAIL ADDRESS: aide@palmvalleyinsurance.com Indio, CA 92201 License #: OF95113 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Mesa Underwriters Specialty Ins Co INSURED Vicente Martinez INSURER B : DBA: Premier Pest Services West INSURER C 7 713 N Hawthorn St INSURER D 7 Anaheim, CA 92805 INSURER E 7 INSURER F : COVERAGES CERTIFICATE NUMBER: 00064361-68742 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLSUBRTYPE INSD WVD POLICY NUMBER POLICY EFF MM DD YYYY POLICY EXP MM /DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y MP0004010006031 08/07/2021 08/06/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 1:1OCCUR PREM SESOEa occurDrence $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY JJECT LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY r $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, its officers, agents,employees, and volunteers are named as additional insured on this policy pursuant to written contract, agreement, or memorandum of Understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to general liability continued on ACORD 101 Additional Remarks Schedule City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOT!f `""' ' oo not nt000n ini ACCORDANCE WITH THE POLICY PROVI L 6 ArpRov� Br, YyIq i l.��xL�� IQXd�GG'z�E4wC AUTHORIZED REPRESENTATIVE ��j, Risk Management Clerer Mde ACORD 25 (2016/03) O 1988-2015 ACORD CGlrch•UKA l IVIM. Hu ngnis reserves. The ACORD name and logo are registered marks of ACORD Printed by ANN on 11/10/2021 at 08:49AM AGENCY CUSTOMER ID: 00064361 LOC #: Ac�o!zo® ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED Palm Valley Insurance Vicente Martinez DBA: Premier Pest Services West POLICY NUMBER MP0004010006031 CARRIER NAIC CODE Mesa Underwriters Specialty Ins Co EFFECTIVE DATE:08/07/2021 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) 30 Days Notice of Cancellation with 10 days Notice of Non-payment of premium In accordance with the policy provisions. ACORD 101 (2008/01) © 2008 ACORD CI csa managemenuenca rune The ACORD name and logo are registered marks of ACORD Printed by ANN on November 10, 2021 at 08:49AM MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY Endorsement # 1 Named Insured: Vicente Martinez Policy Number: MPoo04010006031 Effective Date: 10/26/2021 (The above information is required only when this form is added after the policy is issued) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of the additional premium (Fully Earned) of $150.00, it is hereby understood and agreed that the following Additional Insured is added to and made a part of this policy per the attached forms. Surplus Lines Tax: $4.50 Stamping Fee: $0.38 TOTAL: $154.88 tb All other terms and conditions of this policy remain unchanged. MB tb MUS 0101 10006 0412 Authorized Signature -- x•" & aprRwea Br: �.r Rislc Managem nClerical Aide Insured Copy MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY Policy Number: MP0004010006031 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON -RENEWAL - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT APPLIES TO ALL COVERAGE PARTS 6*1ya21 Bill 19 Person(s) or Organization(s) including Mailing Address: City of Santa Ana, officers, agents, employees, and volunteers Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 The Person(s) or Organization(s) listed or described in the SCHEDULE above have requested that they receive written notice of cancellation or non -renewal when this policy is cancelled or non -renewed by us for any reason other than non-payment. We will endeavor to mail or deliver 30 days written notice to the Person(s) or Organization(s) listed or described in the SCHEDULE. The notification of cancellation or non -renewal of the policy is solely for the purpose of informing the Person(s) or Organization(s) shown in the SCHEDULE the effective date of cancellation or non -renewal and does not grant, alter, or extend any rights or obligations under this policy. Our failure to provide such notification to the Person(s) or Organization(s) shown in the SCHEDULE will not extend any policy cancellation or non -renewal date nor impact or negate any cancellation or non -renewal of the policy. This endorsement does not entitle the Person(s) or Organization(s) listed or described in the SCHEDULE above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. MUS 01 01 10045 0120 Includes copyrighted material of Insurance Services Office, Inc., with its permis: "a RdaPcMn Diu Insured Copy ""I �f P REmewEa&M Bar; ,p �lltc ` %azi pVeewoq "" "� Risk Management Clerical Aic4e COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Insured Copy 1W,r✓y.R IkFIFl4.RMAi ---.DMafon Rweww & APPRovED Sr Risk Management Clerical Aide OF POLICY NUMBER: MP0004010006031 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Location(s) Of Covered Operations City of Santa Ana, officers, agents, employees and various Locations volunteers Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 04 13 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2012 Insured Copy W ryMye..�,,�.IkFIFl4RMAiy•�r..adDMapf ,n�,eww PRovED " %au p�eGt?ad ��Risk Management Clerical Aide C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 1GkN,�k ryMye..•�,, �.IkFIFl4. RMAiy •m�r..ad DMopWn r p," %au p�eG+�cte?ad ��Risk Management Clerical Aide POLICY NUMBER:MP0004010006031 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 6'iya21 Bill 19 Name Of Person Or Organization: City of Santa Ana, officers, agents, employees and volunteers Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -com- pleted operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Insured Copy r RSAMW&APPWVM8r ° Risl<Management Clerical Aide DA TE IMmrs.DD YYYY) C CERTIFICATE OF LIABILITY INSURANCE 10172/202I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLiCiES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL. INSURED provisions or be endorsed. If SUBROGATION IS WAIVED„ subject to the 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(s). PRODUCER Auto Insurance Specialists COANTACT_NME. ...... ........ 17785 Center Court Drive PHONE . 866-570ti-7335 � 00-496 3293 Suite600AM " Commercial(c aisinsurance.corn Cerritos CA 90703 IN5gRER,i*S)AFFORPINGCOVERAGE_..... ............... NA9C ,,,,,,,,,,California Automobile insurance Company {38342 INSURED Vicente Martinez INSURER B ; DBA: Premier Pest Services West RED fiNSU I 713 N. Hawthorn St INSURER u _ _.._. !.... . Anaheim CA 92805 ._.._ ....... - ._ INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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 CONMTIOINS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,.._,_,. � POLIC _I ILTR. � OLV X E POLPC(yYYY YEFF M9mPDD_ ...... TYPE 6F INSURANCE POUCYNUIIBER I COMMERCIAL GENERAL LIABILITYLi 1-i EACH OCCURRENCE S ® CLAMS -MADE OCCUR PRFM ISES,.i a oec,� ,etNe ? ... ItEO FXP An aswe atr oaa S PERSCbNAL S, AD INJURY S GEtTL AGGREGATE L1441T APPLIES PER GENERAL AGGRE GATE 5 PRO - POLICY JECT LOC ' PRCiUUCTS-COPPC&Pp,GC S w AUTOMOBILE LIABILITY AUTOMOBILE BA040000064760 0911112021 09111t2022ac- IEa P wryt w _ s 1,000,000 _ ............ ANY AUTO BODILY INJURY` (Per e r person) S A SSCHOEDULED AIJ'P�gESDONLY' BODILY INJURY (Per ' accident) SHIRECIDs NEB N OhdLYNO"IN-O5 Per i1CLi e ,tj 1 YJ s UMBRELLALIAB OCCUR EACH OCCURRENCE wa _ RE XCESS LI'AO CLAIMS -MADE AGGREGATE S D RETENTIONS S WORKERS COMPENSATION STAR�ITE EFt... ANDE1mIPLOYERS"LIABILITY YIN ANYPROPP ETOPIPARTNERIEXEC'UTIVE OFRCERICuEM?BEREXCLUDE NtA E L EACH AqCIDEPLj S (Mandatary in NMI L 6 ASE EA EP M1PLOYE S Ues desaibe under SC RIPTION OF OPERATIONS b0omw E L DISEASE - POLICY UNIT S ��r'''^^ �� t�.1 0.0 DESCRIPTION OF OPERATIONS I LOCATIONS d VEHICLES (ACORD 101, Additional Remarks Schedule, maybe, attached it more space is required) Re: Elevated Tank, Cambridge Station, East Station, J Garthe Station, South Station, West Station, Well 16, 18, 20„ 21, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 36, 37, 38, 39, 40, 41, PRV-1, PRV-2, PRV-3, PRV-4, Maxine, S®gerstrom, SA-1, SA-2, SA-3, SA-4, SA-5, SA-, SA-7, Carole Station. 30 Days notice of cancellation with 10 days notice of non-payment. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk, Management Division SHOULD ANY of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702 AUTIiORIZED REPRESENTATIVE .. �...__. Apr �'e Af'PRCri4Ei5�a"rr C71988-20 15 ACORD CDR( ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD R,sknn.,,,agemmitan,�lAide January 19, 2021 City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: Premier Pest Services West has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, Premier Pest Services West attests to the following: Premier Pest Services West consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By signing below, I Vicente Martinez, attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that Premier Pest Services West is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of $1 million per occurrence, the contract will be considered null and void and the company will be held fully liable for any and all damages. Sincerely; Vicente Martinez Owner & Operator Premier Pest Services West REV—&,"Cft t n4-353-2082 EJ VawE*PEsTWmTC� PMMM1PEST&�WEST.00M PO Box 186A RAM—.g--tCleri-I.Ajde CITYOFSANTAANA RISK MANAGEMENT. 4wa&* 4 HUMAN RESOURCES %,,maging Risk #,vtxTp F�os&t.Change I \ hereby affirm under penalty of perjury, the AJAxar,^4az� (Nome/Title) oil I certify on behalf of. P1zgm)e1z P4-s-r Ji-levIc-ex O65-r-that during the term (Consultant/Company Name) of my contract for Xr services with the City of Santa Ana, (Type of service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: Print Name: Print Title: Signature, Telephone: WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEYS FEES. 1:Risk h4gmtllnsurance Requirements� WC Declaration 08152019 RwEwED & AmovED Or Rmk M—g—n Clmif ) Aide hhy ERUMIER ....PEST SFRVI MAN City of Santa Ana lk"' 20 Civic Center Naza 702 Santa Ana, C17 92702 Re: Professional Liability Insurance Requirement 17-MMM9= l, Vicente Martinez, Premier Pest Services West has intent to enter into an agreement with the city of Santa Ana. Throughout the course of this agreement, Premier Pest Services West attests that I am not a licensed professional (other than Premier Pest Services West contractors license) and will not employ a licensed professional during the course of my contract with the City of Santa Ana. am • lllikimwmi VIU, Am -1L 1 1,19", 1411'�1111"1111 Vicente Martinez Owner & Operator Premier Pest Services West 714-743-7830 Vicente@Pestwestca.com Uk mowgmad omion F... & A"RovW ffr Rid, NW-3GericalAide —