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QUALITY FENCE CO., INC.
INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES k0 - k -U= CLERKOFCOUNCIL DATE: A-2022-078-01 AGREEMENT TO PROVIDE ON -CALL CHAIN LINK FENCING SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 17th day of May, 2022 by and between Quality N Fence Co. Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and o municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). ("City„). 0 RECITALS Q A. On October 14, 2021, the City issued Request for Proposals No. 21-123, by which it sough qualified contractors to provide on -call chain link fence furnishing and installation at various sites citywide on an as needed basis. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-123 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 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: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-123, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide right of way specialty services on an on -call basis under RFP 21-123. The total compensation for these services provided by all such contractors selected under RFP 21-123 shall not exceed the shared aggregate amount of Three Hundred Thousand Dollars and Zero Cents ($300,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not Page 1 of 9 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 commence on the date first written above and terminate on May 16, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two (2) one-year periods upon a writing executed by the City Manager and City Attorney. 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 snakes 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. Page 2 of 9 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. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. if a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and Page 3 of 9 volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Page 4 of 9 Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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, 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 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 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. Page 5 of 9 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 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 interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 teens 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 is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Page 6 of 9 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. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 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. 18. 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. 19. 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. 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. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 To Contractor: William Cavanaugh, President Quality Fence Co., Inc. 14929 Garfield Avenue Paramount, CA 90723 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 Page 8 of 9 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ntavm I �� f� Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: s Br on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: +—i ^^—jSq4t-% Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Krist'ne Ridge City Manager CONTRACTOR: G1fLeLLriNL �!,ciLQ.LL�(. William Cavanaugh President Page 9 of 9 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CHAIN LINK FENCING SERVICES RFP NO.21-123 The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Chain Link contractor(s) to provide chain link fence installation and rental services for the City of Santa Ana on an on-call/as-needed basis. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. The total amount to be expended under this contract shall be shared among all contractors providing these services. The term of these contracts shall be for three years with two one year renewal options upon mutual agreement. All pricing shall remain firm during the initial one-year term. SCOPE OF SERVICES The Contractor is required to provide a twenty-four (24) hour response time for all fence requests. Twenty-four hour response means fencing shall be in place within twenty-four hours from the time a request is made Monday through Friday. Most requests will not require a twenty-four hour response, however the contractor is required to provide this service upon request at no additional charge. Selection of a contractor to perform each task order shall consider past work completion performance. All fencing shall include "City Owned Property — Do Not Trespass" signage to allow for enforcement on the site. PRICING Pricing for lump sum and time and material charges. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, hardware, screws, bolts, welding material, paint, wires, disposal of materials, traffic control, assembly materials and travel for installation and removal. Orders shall be placed by authorized City personnel only for locations within the City of Santa Ana. City of Santa Ana RFP 21-123 Page Al-1 FEE PROPOSAL Contractor shall submit a fee proposal as described below in a sealed fee envelope. This fee proposal shall be based on ON -CALL CHAIN LINK FENCING SERVICES. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City. City of Santa Ana RFP 21-123 Page Al-2 REQUEST FOR PROPOSALS FOR ON -CALL CHAIN LINK FENCING SERVICES RFP NO. 21-123 FEE PROPOSAL Category 1 Standard Carson 6ft chain link - sliding/rolling gate, short-term, month -to month, one move-in/move- out 1. 12ft Single EA $ 2. 15ft Single EA $ 3. 24ft Single EA $ 4. Wheels ST $ 4. Discount for long term (percentage) (intervals) Category 2 Misc. and/or add -on items and/or services, short-term, month -to -month. 1. Privacy Panels (6ft height) - indicate standard length EA $ 2. Three -strand barbed wire LF $ 3. Boring for setting fence posts (if additional charge) EA $ 4. Discount for long tern (percentage) (intervals) Category 3 Damaged Material Replacement Fees 1. Chain Link Fencing LF $ 2. Top Rail EA $ 3. Privacy Screen LF $ 4. Line Post (1-5/8") EA $ 5. Gate Post (2-3/8") EA $ 6. Freestanding Panel (circle size) 1 Oft 12ft EA $ 7. Swinging Gate — 4ft Single EA $ 8. Swinging Gate — 12-15ft Single EA $ 9. Swinging Gate — 24-30ft Double EA $ 10. Sliding Gate — 12ft EA $ 11. Sliding Gate — 1511 EA $ 12. Sliding Gate — 24ft EA $ Category 4 Emergency Fencing Requests Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing. City of Santa Ana RFP 21-123 Page Al-3 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CHAIN LINK FENCING SERVICES RFP NO.21-123 FEE PROPOSAL (CONT'D.) TOTALS Category 1 total Category 2 total Category 3 total Category 4 total GRAND TOTAL I certify that I have read, understand and agree to the terms and conditions of this RFP. LEGAL NAME OF COMPANY BUSINESS ADDRESS AUTHORIZED SIGNATURE NAME (PRINT) PHONE NUMBER City of Santa Ana RFP 21-123 Page A1-4 EXHIBIT B ADDENDUM No. ONE RFP 21-123 MAYOR Vicente Sarmiento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nellda Mendoza Thal Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza, M-36 • P.O. Box 1988 Santa Ana, California 92702 w .senta-sna.am November 2, 2021 ADDENDUM No. ONE SUBJECT: RFP NO.21-123: ON -CALL CHAIN LINK FENCING SERVICES The following changes/clarifications have been made to the submittal requirements of the subject RFP: Modify Items: 1. PROPOSAL DUE DATE: EXTENTTON OF TIME CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than Monday, November 08, 2021 at 2:00 PM. The Online Q&A timeframe in PlanetBids was extended accordingly. 2. UPDATED FEE PROPOSAL FORMS Attachment I Scope of Work on Page Al-3 thrut A14: Replace with the attached pages AI-3 thtu A14. The fee proposal forms will be updated in the RFP and re -uploaded into the PB system. RESPONSE TO QUESTIONS ASKED: 1. Category 1 requests 6' chain link fence -then says sliding/rolling gate. Please confirm items 1-3 are for slide gates only? a, Revised bid sheet included in Addendum 1. 2. Category 2, item #1 privacy panels. Are these panels to include privacy screen? Do they need to be individually wrapped? a. Revised bid sheet included in Addendum 1. Privacy screen is by linear foot and is not individually wrapped. 3. Category 3 request damage and replacement costs for items that are not on the bid, (items 1, 2, 4, 7, 8 & 9). Will all fence for this bid be free standing panel fence with screen on t-stands? If so, should we add sand bags? Will any in -ground 6' chain link fence be requested? a. Revised bid sheet included in Addendum 1. Pricing is for in -ground 6' chain link only. ADDENDUM No. ONE RFP 21-123 RFP NO.21-123: ON -CALL CHAIN LINK FENCING ADDENDUM ONE Page 2 This addendum includes four pages. Ly . ALL OTHER ITEMS REMAIN FOR T 14E CITY OF SANTA ANA C Edwin "William" Galvez, P.E. City Engineer ADDENDUM No. ONE RFP 21-123 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CHAIN LINK FENCING SERVICES RFP NO.21-123 FEE PROPOSAL Category 1 Standard 6ft chain link: short-term, month -to month, one move-in/move-out 1. Chain Link Fence: includes mesh, line posts, & LF $ rails la. 00 2. Swinging Gate: 4 ft Single including gate posts EA $ Z 00.00 3. Swinging Gate: 12 - 15 ft Single including gate EA $ posts 4 00.00 4. Swinging Gate: 24 - 30 ft Double including gate EA $ 1,d0tl.0p 5. Wheels SET $ 100.00 6. Privacy Screen (6ft height) LF $ yip 7. Boring for setting fence posts (if additional charge) EA $ kQp,OO 8. Discount for long term (percentage) (intervals) A6 74 Category 2 Damaged Material Replacement Fees 1. Chain Link Fence: Mesh only LF $ 8,00 2. Top Rail EA $ 4.00 3. Privacy Screen (6ft height) LF $ A.00 4. Line Post (1-5/8") EA $ i D0.00 5. Gate Post (2-3/8") EA $ 15 0.00 6. Swinging Gate: 4 ft Single EA $ 35 0. Q 0 7. Swinging Gate: 12 -15 ft Single EA $ wgp, 0O 8, Swinging Gate: 24 - 30 ft Double EA $ "n .nn Category 3 Emergency Fencing Requests Request for service with less than 24hrs notice, Monday through Friday $ 00 01- Request for service with less than 24hrs notice, weekend $ o0C7 00 Can you provide 24 hr, response time at no additional Yes No charge? All unit pricing shall Include installation and removal of fencing. ADDENDUM No. ONE RFP 21-123 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CHAIN LINK FENCING SERVICES RFP NO.21-123 FEE PROPOSAL (CONT'D.) TOTALS Category I total $ a 1 -4 (e .0 p Category 2 total $ a+weR.bp Category 3 total $ GRAND TOTAL $ I certify that I have read, understand and agree to the terms and conditions of this RFP. OFCOMPANY ' Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that makingoalse•eertit cation may subject the certifier to criminal prosecution. Signed State of California County of o b0_u5 Subscribed and sworn to (or affirmed) before me on this __4n day of Novamber, 20d1, by William C"aftaUUuh_ , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature * See A*AcheA City of Santa Ana RFP Page AV Seal CALIFORNIA NOTARY ACKNOWLEDGEMENT (INDIVIDUAL) A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles OnYJoWnnker $2021 before me, Natalia E. Hoover, Notary Public (insert name and title of the officer), personally appeared W i I I r'n �na rah who proved to me on the basis of satisfactory evidence to be the person(s) whose na e(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NATALIE E. HOOVER COMM. #2271468 WITNESS my hand and official seal. Notary Public • California o Z16— NlY San Bernardino County Comm. Expires Doc. 16 2022 Signature _. (Seal) Copyright 0 2018 NotaryAcknowledgement.com. All Rights Reserved. Appendix ATTACHMENT 3-2c NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her lmowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the malting of any federal grant, the malting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If awry funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Sign( Title Nreqi ent Date City of Santa Ana RFP Page A3.2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTITICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. in the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page AM by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Gr L ' - Title: Pre.sid.enl Firm: WUaUjnjn EeML LU.,14C. Date: till H 12D 9I1 City of Santa Ana RFP Page A3-4 Quality Fence Co Inc. September 8, 2021 14929 Garfield Avenue, Paramount, CA 90723 Ph:3231586-8585 Fax:562/869-7804 Experience Resume William Cavanauah • Acting general construction superintendent and the point of contact for this project if awarded. • William Cavanaugh is the owner of Quality Fence and has over 40 years of experience in the fencing industry. He is the head project manager and oversees all maintenance contracts. Proiects Overseen: Last 12 months • Metrolink Rail Long Beach $3M 5-Month Construction Duration • Charter Oak LSD San Dimas $2M 4-Month Construction Duration • Anaheim USD Anaheim $2.51M 4-Month Construction Duration • Cal Trans 5 Sites Los Angeles $1.21M 3-Month Construction Duration • Various Military Armories Through -out So Call Year Time Current/Past Annual Maintenance Proiects Overseen Last 12 Months Los Angeles City Annually 2.1 M San Diego County Annually 1.6M San Diego USD Annually 500K Should you have any questions and concerns regarding this experience resume; or request reference, please contact me on the number listed below. Respectfully, 6-1r.-G William (Ty) Cavanaugh, President Quality Fence Co., Inc. Cell: (323)712-3793 QUALITY FENCE CO., INC. 14929 Garfield Avenue, Paramount, CA 90723 Phone:323/585-8585 Fax:562/869-7804 To: Whom it May Concern RE: City of Santa Ana; Quality Commitment Statement Quality fence Co. Inc has been servicing Southern California for over 40 years in the fencing industry. Our level of performance, execution, commitment to our customer satisfaction as well safety standards are what we pride our companies long standing reputation on. 1) On -Time Delivery: Quality Fence certifies the timely and accurate delivery of or materials and services as promised. 2) Timely Response: Quality Fence guarantees a consistent timely response to ALL service requests. 3) Quality as Specified: Quality Fence guarantees to provide products and/or service meeting or exceeding the specification at our quoted price. 4) Quality Control: Quality Fence guarantees to use methods and procedures to assure quality control of service and the material supplied. 5) Customer Satisfaction: Quality Fence guarantees to resolve ANY customer concerns regarding the quality of service or material supplied. Our company looks forward to an Outstanding Working Relationship with the city of Santa Ana, Respectfully, William Cavanaugh President Quality Fence Co. Inc., Office: 323-585-8585 Cell: 909-223-5852 QUALITY FENCE CO., INC. 14929 Garfield Avenue, Paramount, CA 90723 Phone:323/585-8585 Fax:562/869-7804 Prriiect References 1.) 1. Project Detail: Baseball/Softball Field Fence Replacement 2. Client/Contractor Name: Sweetwater Unified School District 3.a Project Manager/Contact: Heather A. McMillan 3.b Phone Number: (619)407-4942 3,c Email: heather.mcmillan@sweetwaterschools.org 4. Project Description: Baseball/Softball Field Fence Replacement S. Scope: Replacement of removable and permanent fencing atthe baseball and softball field including gates, mow strip, ground sleeves for the fence panels and installation of new foul poles at each field 6.Original Final Completion Date: 11/21/2019 7, Actual Final Completion Date: 11/21/2019 8. Original Contract Amount: $127,407.00 9. Final Contract Amount: $127,407.00 10. Assessed Damages: None 2,) 1. Project Detail: Chain Link and Iron fencing and gates 2. Client/Contractor Name: Paramount USD 3.a Project Manager/Contact: Scott Law 3.b Phone Number: (562)244-0262 3.c Email: slaw@paramount.kl2.ca.us 4. Project Description: Yearly Maintenance Fencing Contract 5. Scope: Repair or New installation of chain link or wrought Iron fencing and gates throughout the Paramount Unified School District 6.Original Final Completion Date: Yearly Contract Renewal 7. Actual Final Completion Date: Current Contract B. Original Contract Amount: $300,000.00 9. Final Contract Amount: $300,000.00 10. Assessed Damages: None Page 1 of 5 3.) 1. Project Detail: Chain Link and Iron fencing and gates 2. Client/Contractor Name: Escondido Union School District 3.a Project Manager/Contact: Jessica Kimbrell 3.b Phone Number: (760) 855-8132 3.c Email: jkimbrell@eusd.org 4. Project Description: Yearly Maintenance Fencing Contract 5. Scope: Repair or New installation of chain link or wrought iron fencing and gates throughout the Paramount Unified School District 6.Original Final Completion Date: May 2017 7. Actual Final Completion Date: May 2017 8. Original Contract Amount: $300,000.00 9. Final Contract Amount: $300,000.00 10. Assessed Damages: None 4.) 1. Project Detail: Repair and Installation of Chain Link Fence at Various Schools 2. Client/Contractor Name: Palos Verdes Peninsula Unified School District 3.a Project Manager/Contact: Gerald Schober 3.b Phone Number: (805)495-1141 3.c Email: gerald@scminc.com 4. Project Description: Fencing at the following schools: Valmonte, Rancho Vista, Dapplegray, Miraleste Intermediate, Miraleste, Mfra Catalina, Point Vicente, Lunada Bay, Palos Verdes High, Palos Verdes Intermediate, Vista Grande, Montemalaga, Cornerstone, Silver Spur, Peninsula High, Soleado, Rldgecrest Intermediate S. Scope: Repair or New installation of 12' high chain fink, clear vegetation and demo. 6.Original Final Completion Date: July 31, 2019 7. Actual Final Completion Date: July 31, 2019 S. Original Contract Amount: $345,621.00 9. Final Contract Amount: $345,621.00 10. Assessed Damages: None 5.) 1. Project Detail: Labor and materials to complete PO #M77A0234 2. Client/Contractor Name: Los Alamitos USD 3.a Project Manager/Contact: Anthony Olvera 3.b Phone Number: (562)799-4592 3.c Email: aolvera@losal.org 4. Original Final Completion Date: 10/09/2019 5. Actual Final Completion Date: 10/09/2019 6.Original Contract Amount: $30,000.00 7. Final Contract Amount: $30,000.00 8. Assessed Damages: None Page 2 of 5 6.) 1. Project Detail: Repair or New installation of chain link or wfought iron fencing and gates throughout the ABC Unified School District 2. Client/Contractor Name: ABC USD 3.a Project Manager/Contact: Jeff Anema 3.b Phone Number: (562)926-5566 3.c Email: jeff.anema@abcusd.com 4. Project Description: Yearly Maintenance Fencing Contract 5. Original Final Completion Date: June 25, 2019 6. Actual Final Completion Date: Current Contract 7.Original Contract Amount: $300,000.00 8. Final Contract Amount: $300,000.00 9. Assessed Damages: None Private Projects 1.) 1. Project Detail: Installation of Double D-Fence throughout the County of Orange 2. Client/Contractor Name: Orange County Public Works - Flood Control 3.a Project Manager/Contact: Ceaser Segura 3.b Phone Number: (714)955-0232 3.c Email: ceaser.segura@acpw.ocgov.com 4. Project Description: Yearly Maintenance Fencing Contract 5.Original Final Completion Date: On -Going Yearly Contract Renewal Since 2016 6. Actual Final Completion Date: Current Contract 7.Original Contract Amount: $500,000.00 8. Assessed Damages: None 2.) 1. Project Detail: Various chain link and gates throughout the City of Long Beach 2. Client/Contractor Name: City of Long Beach 3.a Project Manager/Contact: Oscar Alaniz 3.b Phone Number: (562)570-4888 3.c Email: Oscar.alaniz@longbeach.gov 4. Project Description: Yearly Maintenance Fencing Contract 5. Original Final Completion Date: On -Going Yearly Contract Renewal Since 2015 6. Actual Final Completion Date: Current Contract 7.Original Contract Amount: $980,000.00 8. Assessed Damages: None Page 3 of 5 3.) 1. Project Detail: Fence and Gate Installation 2. Client/Contractor Name: City of Los Angeles 3.a Project Manager/Contact: Daniel Gage 3.b Phone Number: (213)276-3274 3.c Email: daniel.gage@lacity.org 4. Project Description: Yearly Maintenance Fencing Contract 5. Original Final Completion Date: On -Going Yearly Contract Renewal Since 2017 6. Actual Final Completion Date: Current Contract 7.Original Contract Amount: 11,000,000.00 8. Assessed Damages: None 4.) 1. Project Detail: Chain link fences and gates in the San Diego County area. 2. Client/Contractor Name: DOT- Caltrans San Diego 3.a Project Manager/Contact: Zachary Svelling 3.b Phone Number: (619)688-2518 3.c Email: Zachary_svelling@dot.ca.gov 4. Project Description: Yearly Maintenance Fencing Contract S. Original Final Completion Date: On -Going Yearly Contract Renewal Since 2017 6. Actual Final Completion Date: Current Contract 7. Original Contract Amount: 279,875.00 B. Assessed Damages: None 5.) 1. Project Detail: On- Call Fence Installation and Repair Service 2. Client/Contractor Name: City of Oxnard 3.a Project Manager/Contact: Bruce Ward 3.b Phone Number: (805)602-7312 3.c Email: bruce.ward@ventura.org 4. Actual Final Completion Date: Current Contract S. Original Contract Amount: 300,000.00 6. Assessed Damages: None 5.) 1. Project Detail: On- Call Service for Fence and Gate Repair 2. Client/Contractor Name: John Wayne Airport 3.a Project Manager/Contact: Nick Summers 3.b Phone Number: (949)292-3046 or (949)852-4005 3.c Email: nsummers@ocair.com 4. Actual Final Completion Date: Current Contract 5. Original Contract Amount: 100,000.00 6. Assessed Damages: None Page 4 of 5 6.) 1. Project Detail: As -Needed Chain Link Fence Repair Services 2. Client/Contractor Name: County of San Diego 3.a Project Manager/Contact: Eric Jones 3.b Phone Number: (858)694-3880 3.c Email: eric.jones2@sdcounty,ca.gov 4. Actual Final Completion Date: Current Contract 5. Original Contract Amount: 500,000.00 6. Assessed Damages: None 7.) 1. Project Detail: Housing Maintenance Fence 2. Client/Contractor Name: Los Angeles Development Housing Authority 3.a Project Manager/Contact: Jose Macias 3.b Phone Number: (323)855-2981 3.c Email: jose.macias@hacola.org 4. Actual Final Completion Date: Current Contract 5. Original Contract Amount: 500,000.00 6. Assessed Damages: None Page 5 of 5 EXHIBIT C ADDENDUM No. ONE RFP 21.123 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CHAIN LINK FENCING SERVICES RFP NO.21-123 FEE PROPOSAL Category 1 Standard 6ft chain link: short-term, month -to month, one move-in/move-out 1. Chain Link Fence: includes mesh, line posts, & rails 2. Swinging Gate: 4 ft Single including gate posts 3. Swinging Gate: 12 -15 ft Single including gate posts 4. Swinging Gate: 24 - 30 ft Double including gate 5. Wheels 6. Privacy Screen (6ft height) 7. Boring for setting fence posts (if additional charge) 8. Discount for long term (percentage) LF $ 1a• oq EA $ A0_.._9 00 EA $ g0o.00 EA $ I.a00.gn SET $ IOO.0- LF $ U.010 EA $ (00.00 (intervals) 5L5 qn Category 2 Damaged Material Replacement Fees 1. Chain Link Fence: Mesh only LF $ R,00 2.Top Rail EA $ Q,00 3. Privacy Screen (6ft height) LF $ 4.00 4. Line Post (1-5/8") EA $ 100.00 5. Gate Post (2-3/8") EA $ 150.00 6. Swinging Gate: 4 ft Single EA $ 350.00 7. Swinging Gate: 11-15 ft Single EA $ to 50.00 8. Swinging Gate: 24 - 30 ft Double EA $ $g0.00 Category 3 Emergency Fencing Requests Request for service with less than 24hrs notice, Monday through $ Friday —U 00.00 Request for service with less than 24hrs notice, weekend $ 1, 000.00 Can you provide 24 hr. response time at no additional Yes No charge? All unit nricinn %hall include installation and removal of feneinn. it ADDENDUM No. ONE RFP 21-123 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CHAIN LINK FENCING SERVICES RFP NO.21-123 FEE PROPOSAL (CONT'D.) TOTALS Category I total $ a, A-44.0 0 Category 2 total $ a.O(q b.00 Category 3 total $ 1 i (p )(M)0 GRAND TOTAL $ (o(pUu .D C) I certify that I have read, understand and agree to the terms and conditions of this RFP. OF I IITI:I� 7 Tracv.. __. Digitally signed - tYVALrt.roPHacy Jacob M U Date:2022.08. I DATE(MMIDD/YYYY) ,aco�ro CERTIFICATE OF LIABILITY IN 15:56:48 -07'0 6/1612022 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 15 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 endorsements . PRODUCER License#OC36861 LONrncr BeVerlyGoyen Inland Empire-Alliant Insurance Services, Inc. 685 E. Carnegie Dr Ste 265 San Bernardino, CA 92408 PHONE NN Ex[): (9D9 SB6-9661 FAX ( ) (AIC. No):(909) 886-2013 E-MAIESS. bgoyen@alliant.com INSURE S AFFORDING COVERAGE NAIL# INSURER A: Mt. Hawley Insurance Company 37974 INSURED INSURERB:AIIstate Insurance Company 19232 INSURER C : Cypress Insurance Company 10855 Quality Fence Company, Inc INSURER D 14929 Garfield Avenue Paramount, CA 90723 INSURER E NSURER 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 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 LTROLSUBR TYPE OF INSURANCE ADD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [XJ OCCUR j( MGLO195573 10/1/2021 10/112022 EACH OCCURRENCE 1 1,000,000 DAMAGE TORENTED ENTEante 60,000 NED EXP (My one erem) 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICVa JE�1-1 LOC OTHER: 5,000,000 per proj. cap. GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 X EBL AGG 1,000,000 B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOSpS AUTOS ONLY X ALLTNO5 ONLY X 648909969 10/1/2021 10/1/2022 COMBINED SINGLE LIMIT Ea accident 1,000 000 $ BODILY INJURY Per person) Ix BODILY INJURY Per accident fgerracakert MGE A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE MXL0431792 101112021 101112022 EACH OCCURRENCE $ 8,000,000 AGGREGATE 81000,000 DEO I X RETENTION$ D C AWORKERS D EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEREXECUTIVE YIN �FFICER/MEMBER EXCLUDED' Mantlalo In NR) DIf ESCdesc be under RIPTION OF OPERATIONS below NIA X QUWC202153 101112021 101112022 X STA UTE ERH E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE -EA EMPLOYE 1,000'000 E.L. DISEASE -POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, ma be attached If more space is required) City of Santa Ana, officers, agents, employees, and volunteers are additional insures, primary and non-contributory as respects to general liability per endorsements attached; additional insureds, primary and non-contributory as respects to auto liability per endorsements attached; waiver of subrogation as respects to workers' compensation per endorsement attached. Cancellation notice per attached endorsements. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92720 AUTHORIZED REPRESENTATIVE �/ / ltlaleMougelledD'Iavan �u� Jryw� ;,''' REVIEWED ✓< APPROVED BY! ACORD 25 (2016/03) (/„-. ©1988-2015 ACORD Imo; T7'�'= The ACORD name and logo are registered marks of ACORD ® Risk Management Analyst Policy Number: MGLO195573 Mt. Hawley Insurance Company 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 Organization(s): Location(s) Of Covered Operations: All persons or organizations where required by a written contract executed prior to the commencement of your work. 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 in- clude as an additional insured the person(s) or organi- zation(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 B. 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: not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, 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 re- pairs) to be performed by or on behalf of the addi- tional insured(s) at the location of the covered operations has been completed; or 1. The insurance afforded to such additional insured 2. That portion of "your work' out of which the injury only applies to the extent permitted by law; and or damage arises has been put to its intended use by any person or organization other than another 2. If coverage provided to the additional insured is contractor or subcontractor engaged in performing required by a contract or agreement, the in- operations for a principal as a part of the same surance afforded to such additional insured will project. Al'ry" wrkonIMM REVEWED&APPROVED ft CG 20 10 04 13 © Insurance Services Office, Inc., 2012 T'E7 JacoGt Insured Rbk Management Analyst 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 Insured itLkM�enateton a REVIEWED&APPROVED a`': LACY J" flick Management Analyst t= Policy Number: MGLO195573 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons) Location and Description of� or Organization(s) Completed Operations All persons or organizations where required by a written contract executed prior to the commencement of your work. All "Commercial Construction Projects". For the purpose of this Endorsement, "Commercial Construction Projects" are defined as buildings or structures constructed for commercial use and also include apartments, hotels, homes for the aged, dormitories or barracks. However, "Commercial Construction Projects" shall not include any building or structure which, in whole or in part,contains individual owner occupied units or dwellings. 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" or 'property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the 'products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. 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 re- quired 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 contractor 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 37 04 13 © Insurance Services Office, Inc., 2012 Insured x REMEWED� fiAPPRad T�.cc y d�coG: ® R6k Management Analyst Policy Number: MGLO195573 Mt. Hawley Insurance Company 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 (2) You have agreed in writing in a contract or agree - and supersedes any provision to the contrary: ment that this insurance would be primary and would not seek contribution from any other in - Primary And Noncontributory Insurance surance available to the additional insured. This insurance is primary to and will not seek con- tribution 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 �„ REVIeV/ED&MPROVmaY: CG 20 01 04 13 © Insurance Services Office, Inc., 2012 glx IFc a' T cy d�coGs Insured ®' �..... ae . Policy Number: MGLO195573 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliver- ing to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of can- cellation at least: a. 10 days before the effective date of cancella- tion if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancella- tion if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to US. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rate. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is author- ized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. Mt. Hawley Insurance Company C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the poli- cy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insur- ability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insur- ance inspections, surveys, reports or recommen- dations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommenda- tions we may make relative to certification, under state or municipal statutes, ordinances or regula- tions, of boilers, pressure vessels or elevators. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Insured o s FznEwm nay Tay J" .. Risk Management Analyst E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary. custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Insured REVIEWED•• T,P OVm B/1�',' �'. ® Risk Management Anatyst Policy# 648909969 COMMERCIAL AUTO AACW201011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT Coverage provided under this policy is modified by the attachment of this endorsement If there is any conflict in coverage provisions between this form and any state specific endorsement also attached to this policy, the provision(s) of the state specific form shall apply. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM In SECTION I - COVERED AUTOS, the following changes are made: The following is added: D. Physical Damage Coverage for Temporary Substitute and Leased Autos If Physical Damage Coverage is provided by this policy, the following kinds of "autos" are covered "autos" for the same coverages provided by the Policy: 1. Any private passenger "auto", or other than private passenger vehicle with gross vehicle weight of 20,000 lbs. or less, you do not own while used with the permission of the owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss", or e. Destruction. 2. Private passenger "autos" and other than private passenger vehicles with gross vehicle weight of 10,000 lbs. or less, leased, hired, rented, or borrowed for a period of 30 days or less. This does not include any vehicle you lease, hire, rent, or borrow from any of your "employees" or partners or members of their households. In SECTION II — LIABILITY COVERAGE, the following changes are made: Under A. Coverage, Who Is An Insured, the d. Any organization, other than a partnership or joint venture, over which you maintain ownership or in which you hold a majority interest. This provision applies only if there is no similar insurance provided to that organization. e. Any organization you acquire or form after policy inception, other than a partnership or joint venture, over which you maintain ownership, or in which you hold a majority interest. Coverage under this provision does not apply; (1) If there is similar insurance provided to that organization; or (2) To 'bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any person or organization that you are required to name as an additional insured under the terms of a written job contract, or by written insurance requirements executed prior to any covered 'loss" or claim. This protection applies only if the person or organization is liable for the conduct of an "insured" and only to the extant of that liability. Under A Coverage, Coverage Extensions, Supplementary Payments, subparagraphs (2) and (4) are replaced with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. following is added: Includes copyrighted material of Insurance Services Office, Inc., with its "L W�eMwgenaanb:aei REVIEW &APPROVIDBY: I, AA CW 20 10 11 Allstate Insurance Company Insu.d Full Copy Risk Management Malys[ (4) All reasonable expenses incurred by the "insured" at our request, including loss of earnings up to $500 a day because of time off from work. Under B. Exclusions, Fellow Employee, the following paragraph is added: But this exclusion does not apply to "bodily injury" to a fellow "employee" caused by any person whose position within the insured organization is at or above the level of manager or supervisor. Coverage afforded by this provision is excess over any other collectible insurance. In SECTION III - PHYSICAL DAMAGE COVERAGE, the following changes are made: Under A Coverage, Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles, the following is added: If damage to glass is repaired in lieu of being replaced, no deductible will apply for repair only. Under A Coverage, Coverage Extensions, the following is added: c. Personal Effects Coverage In the event of a total theft of your covered "auto", for which you carry either Comprehensive or Specified Causes of Loss coverage, we will pay up to $500 for the personal effects which are: 1. owned by you; and 2. in your covered "auto" at the time of the total theft of such "auto". No deductible applies to Personal Effects Coverage Under A Coverage, the following is added: 5. Lease and Loan Gap Coverage In the event of a total 'loss" to a covered "auto" shown in the Schedule or Declarations for which a specific premium charge indicates that physical damage coverage applies, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carryover balances from previous loans orleases. Under D. Deductible, the following paragraph is added: When Collision Coverage is provided by this policy, the deductible amount will not be subtracted from the loss payment in collisions involving your covered "auto" and another auto covered by Allstate Insurance Company or any of it's affiliates. In SECTION IV - BUSINESS AUTO CONDITIONS, the following changes are made: Under A Loss Conditions, Duties In The Event Of Accident, Claim, Suit Or Loss Condition, the following is added under subpart a: Knowledge of an "accident" or 'loss" by any of your agents, servants or "employees" shall not in itself constitute knowledge by you, unless you or one of your corporate officers or managers, or any assignee, shall have received such notice from the agent, servant or "employee". When you report an occurrence of any "accident" or'loss" to a Worker's Compensation carrier or self insured plan providing the named insured's Worker's Compensation insurance which later develops into a claim submitted under this policy, failure to report such "accident" or 'loss" to us at the same time shall not be deemed a violation of this condition. After you become aware of such liability claim arising from the "accident" or "loss", you must give us prompt notice. Under A Loss Conditions, Transfer of Rights of Recovery Against Others To Us, the following is added: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of work you perform under a contract with such person or organization, in which you have agreed to waive your right of such recovery. Includes copyrighted material of Insurance Services Office, Inc., with its AA C W 20 10 11 Allstate Insurance Company Mured Full Copy a�y �� RLkMwgeevd D'oiiow q x T" J" �� Risk Management Analyst 00 Under B. General Conditions, Concealment, l isrepresentadon Or Fraud, the following is added: This condition does not apply to any omission or failure to provide material facts if the omission or failure was unintentional. Includes copyrighted material of Insurance Services Office, Inc., with its AA CW 2010 11 Allstate Insurance Company Inwmd Full Copy % 1tlre Maagennd iloieion REVIEWED& APPROVED 9�. Tay JskaP R6k Management Analyst POLICY# 648909969 4. Loss Payment —Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Otherinsurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Insured Full Copy WIEWED�6uMAPROd �'. ® Risk lvianaganent Analyst Policy# 648909969 IL 02 70 07 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 07 20 © Insurance Services Office, Inc., 2020 e ; REVIEWED&APPRON/Mirl- T40LCY Jkd4 ® Ruk Management Analyst (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or Threaten our solvency (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part — Causes Of Loss — Special Form; or (2) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special. Page 2 of 4 © Insurance Services Office, Inc., 2020 ® Risk Management Analyst d. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not cancel this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may cancel: (1) When you have not paid the premium, at any time by letting you know at least 10 days before the date cancellation takes effect; (2) If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; or (3) If there are physical changes in the property insured against, beyond the catastrophe -damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If this policy provides coverage as described in the preceding paragraph, and we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at the mailing address shown in the policy, at least 75 days, but not more than 120 days, before the expiration or anniversary date. If we fail to give the first Named Insured shown in the Declarations notice of nonrenewal at least 75 days prior to the policy expiration, as required in the paragraph above, this policy, with no change in its terms and conditions, shall remain in effect for 75 days from the date that the notice of nonrenewal is delivered or mailed to the Named Insured. A notice to this effect shall be provided by us to the first Named Insured with the notice of nonrenewal. b. We may elect not to renew such coverage for any reason, except as provided in Paragraphs c., d. and e. below. c. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; IL 02 70 07 20 © Insurance Services Office, Inc., 2020 s RiEwm fiMrRo�vm Br "1n1Il 1.E' T4Acy J" �. Risk Manzyemen[ Anzlys[ (2) The Commissioner of Insurance finds However, we may nonrenew: that the exposure to potential losses will (1) If willful or grossly negligent acts or threaten our solvency or place us in a omissions by the Named Insured, or his hazardous condition. A hazardous or her representatives, are discovered condition includes, but is not limited to, a that materially increase any of the risks condition in which we make claims insured against; payments for losses resulting from an earthquake that occurred within the (2) If losses unrelated to the postdisaster preceding two years and that required a loss condition of the property have reduction in policyholder surplus of at occurred that would collectively render least 25% for payment of those claims; the risk ineligible for renewal; or or (3) If there are physical changes in the (3) We have: property insured against, beyond the catastrophe -damaged condition of the (a) Lost or experienced a substantial structures and surface landscape, which reduction in the availability scope result in the property becoming of reinsurance coverage; or uninsurable. (b) Experienced a substantial increase 3. We are not required to send notice of in the premium charged for nonrenewal in the following situations: reinsurance coverage of our residential property insurance a. If the transfer or renewal of a policy, without policies; and any changes in terms, conditions or rates, the Commissioner has approved a plan is between us and a member of our for the nonrenewals that is fair and insurance group. equitable, and that is responsive to the b. If the policy has been extended for 90 days changes in our reinsurance position. or less, provided that notice has been given d. We will not refuse to renew such coverage in accordance with Paragraph C.1. solely because the first Named Insured has c. If you have obtained replacement coverage, cancelled or did not renew a policy, issued or if the first Named Insured has agreed, in by the California Earthquake Authority, that writing, within 60 days of the termination of included an earthquake policy premium the policy, to obtain that coverage. surcharge. d. If the policy is for a period of no more than e. We will not refuse to renew such coverage 60 days and you are notified at the time of solely because corrosive soil conditions issuance that it will not be renewed. exist on the premises. This restriction (e.) e. If the first Named Insured requests a applies only if coverage is subject to one of change in the terms or conditions or risks the following, which exclude loss or covered by the policy within 60 days of the damage caused by or resulting from end of the policy period. corrosive soil conditions: f. If we have made a written offer to the first (1) Commercial Property Coverage Part — Named Insured, in accordance with the Causes Of Loss —Special Form; or timeframes shown in Paragraph CA., to (2) Farm Coverage Part — Causes Of Loss renew the policy under changed terms or Form — Farm Property, Paragraph D. conditions or at an increased premium rate, Covered Causes Of Loss — Special. when the increase exceeds 25%. f. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not nonrenew this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. I?Em&APPRovEoEh, "a Toy J" Page 4 of 4 0 Insurance Services Office, Inc., 2020 Rllk Manage ,.t Apt WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990410C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium (priorto adjustments) All CA Operations 1601.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/01/2021 Policy No.: QUWC202153 Endorsement No.: Insured: Premium $ Insurance Company: Cypress Insurance Company Countersigned by WC 99 04 10 C (Ed. 01-19) �,,� I RW, elnhiim '3, Rent &Aprxovmft —� Risk Management Malys Polioy# QUWC202153 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 07 D (Ed 10-17) CALIFORNIA CANCELLATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancellation: 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this Policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Non-payment of deductible billing; d. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; e. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; f. Material misrepresentation made by you or your agent; g. Failure to cooperate with us in the investigation of a claim; h. Failure to comply with Federal or State safety orders; i. Failure to comply with written recommendations of our designated loss control representatives, j. The occurrence of a material change in the ownership of your business; k. The occurrence of any change in your business or operations that materially increases the hazard for frequency or seventy of loss; I. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; m. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (g), we will give you 10 days advance written notice, stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to provide notice. If we cancel your policy for any of the reasons listed in Items (h) through (m), we will give you 30 days advance written notice; however, we agree that in the event of cancellation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. The policy period will end on the day and hour stated in the cancellation notice. 5. A short rate penalty applies if you cancel this policy or if we cancel due to non-payment of premium, failure to report payroll, or rion-payment of deductible billing. First, the standard premium, defined as the base premium (computed in accordance with Part 1, Section 2, Subsection 3 of the WCIRB's California Basic Underwriting Manual) adjusted for the experience modification factor and all other pricing factors except for premium discount and expense constant, will be multiplied by the quotient of the number of days for which the policy was written divided by the number of days the policy remained in force to produce the full standard premium. Second, the extended number of days will be determined by dividing the number of days the policy was in force by the number of days for which the policy was written and multiplying the quotient by 365 days. When the policy is written for a one-year period, the extended number of days will equal the number of days the policy remained in force. Third, the short rate percentage corresponding to the extended number of days will be obtained from the short rate cancellation table. Fourth, the short rate premium will be equal to the product of the full standard premium times the short rate percentage. The short rate table below will be used in computing the short rate premium. In no event will the final earned premium be less than the policy minimum premium. WC 99 06 07D Page 1 of 2 (Ed 10-17) REViEWED� SAPPROVEDBV: T" J" Risk Management Analyst WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 07 D Short Rate Table (Ed 10-17) Extended Number of Days Percent of Full Policy Pcamiun Extended Number of Days Percent of Full Policy Ptemiun Extended Number of Days Percent of Full Policy Premion 1 .. .... 5% 95-98 .. .... 37% 219-223 ...... 69% 2 .... 6% 99-102 ...... 38% 224-228 .. _ .. 70% 3-4 ...... 7% 103-105 ...... 39% 229-232 ...... 71% 5-6 ...... 8% 106-109 ...... 40% 233-237 ...... 72% 7-8 ...... 9% 110-113 ...... 41% 238-241 ...... 73% 9-10 ...... 10% I14-116 ...... 42% 242-246 (8 mos.) 74% 11-12 ...... 11% 117-120 ...... 43% 247-250 ...... 75% 13-14 .,,... 12% 121-124 (4 mos.) 44% 251-255 ...... 76% 15-16 ...., 13 % 125-127 ...... 45% 256-260 ...... 77% 17-18 ...... 14% 128-131 ...... 46% 261-264 ...... 78% 19-20 ... 15% 132-135 ...... 47% 265-269 ...... 79% 21-22 ...... 16 % 136-138 ...... 48% 270-273 (9 mos.) 80% 23-25 ...... 17% 139-142 ...... 49% 274-278 ...... 81% 26-29 ...... 18% 143-146 ...... 50% 279-282 ...... 82% 30-32 (1 mo.) 19 % 147-149 ...... 51% 283-287 ...... 83 % 33-36 ..,,.. 20% I50-153 (5 mos.) 52% 288-291 ...... 84% 3740 ...... 21% 154-156 ...... 53% 292-296 ...... 85% 4143 ,.... , 22% 157-160 ...... 54% 297-301 ...... 86% 4447 ...... 23% 161-164 ...... 55% 302-305 (10 mos.) 87% 48-51 ...... 24% 165-167 ...... 56% 306-310 .... 88% 52-54 ...... 25% 168-171 ...... 57% 311-314 ...... 89% 55-58 ...... 26% 172-175 ...... 58% 315-319 ...... 90% 59-62 (2 mos.) 27% 176-178 ...... 59% 321-323 ...... 91% 63-65 ...... 28% 179-182 (6 mos.) 60% 324-328 ...... 92% 66-69 ...... 29% 183-187 ...... 61% 329-332 ...... 93% 70-73 ...... 30% 188-191 ...... 62% 333-337 (11 mos.) 94% 74-76 ...... 31% 192-196 ...... 63% 338-342 ...... 95% 77-90 .... 32% 197-200 ...... 64% 343-346 ...... 96% 81-83 ...... 33% 201-205 ...... 65% 347-351 ...... 97% 84-87 ...... 34% 206-209 ...... 66% 352-355 ...... 98% 88-91 (3 mos.) 35% 210-214 (7 mos.) 67% 356-360 ...... 99% 92-94 ....., 36% 215-218 ...... 68% 361-365(12 mos.)100% This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is Issued subsequent to preparation of the policy.) - Endorsement Effective: 10/01/2021 Policy No.: QUWC202153 Endorsement No.: Insured: Insurance Company: Cypress Insurance Company ate. R1JelNougebd0biion Countersigned by w� ReAeNED&APPRov 11y: s. � _. �r , WC 99 06 07D - Page 2 of 2 868 Management Analyst (Ed 10-17)