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HomeMy WebLinkAboutSUNNY HILLS ASSOCIATES, INC. DBA SUNNY HILLS RESTORATIONINSURANCE ON FILE N-2023-303 WORK MAY PROCEED UNTIL INSURANCE EXPIRES C -TRAM CITY CLERK DATE:NOV 0 J 20B D'• Hp- C II-i AGREEMENT WITH SUNNY HILLS ASSOCIATES, INC., DBA SUNNY HILLS e. L-y RESTORATION TO PROVIDE PROPERTY RESTORATION SERVICES THIS AGREEMENT is made and entered into this 26th day of October 2023 by and between Stymy Hills Associates, Inc., a California corporation dba Sunny Hills Restoration ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of property restoration services for a property restoration project at Fire Station 76. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete restoration services as set forth on their website, www.sunnyhilisrestoration.com, as it may be amended from time to time, and as further described in Contractor's Proposal and Fee Schedule, attached hereto and incorporated herein by this reference as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount authorized during the term of this Agreement shall not exceed $202,608.62. This sum is comprised of (1) the base amount of $168,840.52; and (2) a twenty percent (200/0) contingency in the amount of $33,768.10 for additional, as -needed services, to be exercised a City's sole discretion. a. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 9 3. TERM This Agrecmentshall commence on the date firstwritten above and terminate on October 25, 2025 unless terminated earlier in accordance with Section 17, below, A. 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 or 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 field the City, its elected officials, officers; employees and agents free and harmless from any claim or liability arising out or any failure or alleged failure to comply with the trevailing Wage Laws. S. 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 he 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 It manner consistent with all applicable standards and regulations governing ,such services, Contractor shall pay all salaries and wages, employer's social security taxes, uncroplayntent insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, 6. OWNERSM P 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 tiny tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all .Documents & Data, Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work herewnder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance, Coverage shall be at least as broad as: Commercial General Liability (CGL.): Insurance Services Office Form CG 00 Of 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. ii. Automobile Liability: 180 Farm 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 Iirnitno less than $1,000,000 per accident for bodily injury and property damage. iii. 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, iv. If the Contractor maintains broader coverage and/or higher limits than the r ninitnums 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 rninimum limits of insurance and coverage small be available to tine City. b. Other Insurance Provisions. 'The insurance policies are to contain, or be endorsed to contain, tine following provisions: Additional Insured Status. The City, its officers, officials, employees, and volunteers aree to be covered as additional insureds on the COL 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 feast as broad as 180 Form CG 20 10 1185 or if notavailable, through the addition of both CO 20 10, CG 20 26, CG 20 33, or CO 20 38;�rd CG 20 37 if a later edition is used). ii. Primary Coverage. For any claims related to this contract, tine 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 volunteers. Any insurance or self- insurance maintained by the City, its officers,of vials, employees, or volunteers shall Page 3 of 9 be excess of the Contractor's insurance and shall not contribute with it, iii, Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City, iv. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which 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 Detentions. Self- insured retentions must be declared to and approved by the City. The City may require the Contractor 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. vi. 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:Vll, unless otherwise acceptable to the City. vii, Claims Made Policies, if any of the required policies provide claims -made coverage: The Retroactive' Date must be shown, and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least - five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. viii. Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all acquired 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 priorto the work beginning shall notwaive the Contractor's obligation to provide them. ix, The City reserves the right to require earnpletc, certified copies of all required insurance policies„including endorsements required by these specifications, at any time. X. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature oftherisk, prior experience, insurer, coverage, or Page 4 of 9 other special circumstances, 81 INiDEMtNII•ICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims 11or personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of line 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 casts for the defense ofthe 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 doe to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City nmy matte ;all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above, indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INIDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives; and employees against any and all liability, including costs, and attorney's fees, for in'rringement of any United States' letters patent, tradernark, or copyright container) in the world product or documents provided by Contractor to the City pursuant to this Agreement. Ill. RECORIDS, 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 finial payment to Contractor under this Agrectrnent. Alt such records and invoices shall be clearly identifiable. Contractor shall allow a representative oi'the City to examine, audit, and make transcripts or copies of such records and any otter 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 Agrcement. 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 riot use or disclose such information except in the perfortmance of this Agreement, and further agrees to exercise the saute degree of care it uses to protect its own information of like importance, but rn no event less that) reasonable care. "Confidential Information" shall include ail 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 panty by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources, (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11 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: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P,O. Box 1988 Santa Ana, CA 92702-1.988 Copies to: Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza (M-24) P.C), Box 1.988 Santa Ana, California 92702 Facsimile (714) 647-5311, To Contractor; Sunny Mills Associates, Inc., dba Sunny [fills Restoration 1999 Ritchey Street Santa Ana, CA 92705 Attn: Bill Roy, President Page: 6 of 9 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 newaddress. If sent by mail, cornrnunication 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 shrill 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 tirneftames, weekends, federal, state, County or City holidays shrill be excluded, 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties, ht the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement. shall prevail. This Agroement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Conhactor, 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 andvoid. 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 Agreeruent performed by City personnel or by other Consultants retained by City. lb. '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 shal I be deemed a waiver of any other breach, failure, right or remedy, whether or not similar„ nor shall any waiver constitute a continuing waiver unless the writing so specifies.. 17, TERMINATION This Agreement ntay be terminated by the City upon thirty (30)days written notice of termination. fi such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for al I services perfbrmed by Conti-actorpriorto receipt of such notice of termination, subject to the following conditions; Page 7 of 9 a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard ofperformanee specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement, Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Moth parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement, 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this. Agreement,. maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United. States, the State of California, the City of Santa Arta and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Bach 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 folly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that sucli authority or power is not, in fact, held by the signatory or is withdrawn. All exhibits referenced herein ,and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signaturc.s on next1mrgej Page 8 of 9 N-2023-303 SIGNATURE PAGE TO AGREEMENT WITH SUNNY HILLS ASSOCIATES, INC., DBA SUNNY HILLS RESTORATION TO PROVIDE PROPERTY RESTORATION SERVICES IN W ITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jen r L. Hall ` t Clerk t� APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Jonathan T. Martiff6z Assistant City Attorney RECOMMENDED FOR APPROVAL i1 Jason Motsick Executive Director Human Resources Agency CITY OF SANTA ANA Steven A Mendoza Acting City Manager SUNNY HILLS ASSOCIATES, INC. DBA SUNNY HILLS RESTORATION C '• President and CEO Page 9 of 9 ❑asePrint To: bli[r@shrl.com CC: Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE STAFF: PRINT THIS FAGE AND INCLUDE VJ1TH AGREE M ENT TOTH E CLERK OF THE COUNCIL Hills Associates Inc,. 77 Project greement With Sunny Hills Associates, Inc., DBA Sunny Hills Restoration To Name: Provide Property Restoration Services Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance irements. No further action is required at this time. The compliant coverage(s) are POLICY EXPIRATION TYPE OF INSURANCE NUMBER DATE AUTOMOBILE LIABILITY 5UAU458901 04/10/2024 G ENERAL LIABILITY PEIECC3520901 05/15/2024 KERSCOMPENSATION AND BNUWC0155323 11/14/2023 PLOYERS' LIABILITY ru� nk you, City of Santa Ana ,Risk Management Division n partnership with CTrax Plus Services Team 6112Q023 6:08 PM Close Print COI DATE FILE NAME 04/05/2023 I CityofSantaAna8104675.pdf 06/05/2023 CityofSantaAna8104675,pdf 11/15/2022 Cityof5antaAna8104675,pdf ® DATE(MM/DD/YYYY) ACC OR" � CERTIFICATE OF LIABILITY INSURANCE 5/29/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Rachel Garciano Chrysalis Insurance Agency(Incorporated) PHONE ,A/C,No,Ext: 714 464-8080 (A/C No) (714)464-8070 3001 Red Hill Ave,Ste.2-226 ADDRESS: service@ciapro.net INSURER(S)AFFORDING COVERAGE NAIC# Costa Mesa CA 92626 INSURER A: ADMIRAL INS CO 24856 INSURED INSURER B: AMGUARD INS CO 42390 Sunny Hills Associates Inc.d/b/a SUNNY HILLS RESTORATION INSURER C: MIDWEST EMPLOYERS CAS CO 23612 1999 RITCHEY ST INSURER D: OHIO SECURITY INS CO 24082 INSURER E: SANTA ANA CA 92705-5100 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE �OCCUR PREETT- MISES(Ea occurrence) $ 100,000 X POLLUTION LIABILITY MED EXP(Any one person) $ 5,000 A X PROFESSIONAL LIABILITY Y Y FEI-ECC-35209-02 05/15/2025 05/15/2026 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 x POLICY ❑ECT ❑LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED AUTOS ONLY AUTOS Y Y SUAU659174 04/10/2025 04/10/2026 BODILY INJURY(Per accident) $ /� HIRED NON-OWNED HF<UHEK I Y DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LAB x OCCUR EACH OCCURRENCE $ 1,000,000 E EXCESS LAB CLAIMS-MADE Y Y FEI-EXS-45093-02 05/15/2025 05/15/2026 AGGREGATE $ 1,000,000 DED I I RETENTION$ PRODUCTS/COMPLETI $ 1,000,000 WORKERS COMPENSATION ^ STATUTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 COFFICER/MEMBER EXCLUDED? Fy] N/A Y BNUWC0164042 11/14/2024 11/14/2025 Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Misc Equipment $55,000 D Commercial Property&Inland Marine BKS61278353 4/7/2025 4/7/2026 Property of Others $302,575 Systems Breakdown $302,575 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) See ACORD 101 TU Tra n e yT�aT�a�' APPROVED Nguyen g Tu Tran Nguyen at 3:29 m,May 29,2025 Nguyen�ate:2025.05.29 YP Y 15:30:22-07'00' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Santa Ana,CA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _ LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Chrysalis Insurance Agency(Incorporated) Sunny Hills Associates Inc.d/b/a SUNNY HILLS RESTORATION POLICY NUMBER BNUWC0152685,SUAU238218, 12 EMP 22242 02, 12 EMX 22243 02 CARRIER NAIC CODE MIDWEST EMPLOYERS CAS CO 23612,423£1 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate Of Liability Insurance City of Santa Ana, Its Officers,Agents and Employees,Vendors are named as additional insured per attached ECP1004 04/10.30 days notice of cancellation. Waiver of Subrogation applies.Above coverage is primary and any insurance or self-insurance maintained by the Entity,its officers,officials,employees,or volunteers shall be excess of the Contractor?s insurance and shall not contribute with it. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Sunny Hills Associates Incorporated Endorsement Number: 4 Automatic Additional Insured — Owners, Lessees or Contractors This endorsement, effective 05/15/2023, attaches to and forms a part of Policy Number FEI-ECC-35209-01. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s)whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. ECC-319-0712 ©2018, Freberg Environmental, Inc. Page 1 of 1 Sunny Hills Associates Incorporated Endorsement Number: 5 Automatic Waiver of Subrogation Endorsement This endorsement, effective 05/15/2023, attaches to and forms a part of Policy Number FEI-ECC-35209-01. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s)to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. ECC-320-0712 ©2018, Freberg Environmental, Inc. Page 1 of 1 Sunny Hills Associates Incorporated Endorsement Number: 22 Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 05/15/2023, attaches to and forms a part of Policy Number FEI-ECC-35209-01. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Coverage Part(s) indicated below: COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY PROFESSIONAL LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s)whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of$Applied, and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. ECC-548-0317 ©2018, Freberg Environmental, Inc. Page 1 of 1 Sunny Hills Associates Incorporated Endorsement Number: 24 Additional Insured — Owners, Lessees or Contractors — Completed Operations This endorsement, effective 05/15/2023, attaches to and forms a part of Policy Number FEI-ECC-35209-01. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Or Organization(s): Completed Operations Any person(s) or organization(s)whom the Named Insured Those project locations where this agrees, in a written contract, to name as an additional endorsement is required by contract. insured. However, this status exists only for the project specified in that contract. 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 damage" 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 insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 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 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. CG 20 37 04 13 © ISO Properties, Inc., 2004 All rights reserved. Sunny Hills Associates Incorporated This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © ISO Properties, Inc., 2004 All rights reserved. Sunny Hills Associates Incorporated Endorsement Number: 25 Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization This endorsement, effective 05/15/2023, attaches to and forms a part of Policy Number FEI-ECC-35209-01. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any person(s) or organization(s)whom the Named Those project locations where this Insured agrees, in a written contract, to name as an endorsement is required by additional insured. However, this status exists only for contract. the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © ISO Properties, Inc., 2004 All rights reserved. Sunny Hills Associates Incorporated B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 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 © ISO Properties, Inc., 2004 All rights reserved. Sunny Hills Associates Incorporated Endorsement Number: 26 Additional Insured Endorsement— CPL This endorsement, effective 05/15/2023, attaches to and forms a part of Policy Number FEI-ECC-35209-01. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s)whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. Location And Description of Completed Operations: Those project locations where this endorsement is required by contract. Additional Premium: $Applied (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The term insured is amended to include as an additional insured the person(s) or organization shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage" 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. ECC-406B-0712 ©2018, Freberg Environmental, Inc. Page 1 of 1 COMMERCIAL AUTO BA 99 02 09 08 BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV- BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. BA 99 02 09 08 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 POLICY NUMBER: BNUWC0164042 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA(Blanket) 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0.020000 %of the California workers' compensation premium otherwise due on such remuneration. Schedule State Description CA Any party with whom the insured agrees to waive subrogation in a written contract. 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 Date: Policy Number: BNUWC0164042 Endorsement No.: Insured Name: Sunny Hills Associates Incorporated Insurance Company: Midwest Employers Casualty Company Countersigned By