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HomeMy WebLinkAboutMERCHANTS BUILDING MAINTENANCE 1 - 2008City of Santa P a t_ Clerk of the Couw,-d AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with Cify of Santa Ana r. 02 2621 Cicrk of the Council No. A-2008- )q�2 was completed on 5131114 and final payment has been made. PC -a©® �--oCAa 0 � Revised 12-07-07 Department: Phone/Ext.: ja n1 Signature: `C�CuwOLo Date: % INSURANCE ON FILE IL _ + WORK MAY PROCEED UNTIL INSURANCE EXPIRES 6 /-U, ? COUNCIL A-2008-092 CLERK OF DATE: 5 - w -0 Z CITY OF SANTA ANA CUSTODIAL AGREEMENT 0. PACs ')no)) R IS AGREEMENT, made and entered into this 23 day of May, 2008 by Merchants Building Maintenance (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. 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 "high-level" contractor 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 those services as set forth in the RFP (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit "B" hereto) attached to this Agreement. Contractor will provide janitorial services in Districts 1 and 2. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit `B". The total sum to be expended under this Agreement, shall not exceed the annual amount of $92,823 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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, which may reasonably be expected by City or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on May 22, 2010 unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $92,823. Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 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 its employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance 2 shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, J or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages 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, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. S. 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 parry 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. 9. 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. 10. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 4 t 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 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: George Rodriguez Merchants Building Maintenance 1639-C Edinger Avenue Santa Ana, CA 92705 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement 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 W terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and in the Specifications, Exhibit "A" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit "D" hereto). 9 1 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. 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 may, at the City's discretion, be cause for termination of this Agreement. 17. 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 frilly, 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. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: *TR1CIA('h-HEyAALqY' t Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By J dova Sr ssistant City Attom RECOMMENDED FOR GERARD0 MO T Executive Direct , Parks Recreation d Community Services Agency AL: E CITY OF NTA ANA: DAVID N. REAM City Manager CONTRACTOR: NAME) KEY RFP DATES: REQUEST FOR PROPOSAL RFP NO.08-021 PRCSA FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS Issue Date: Pre -proposal Conference: Proposal Due Date: March 18, 2008 March 27, 2008 April 10, 2008 REQUEST FOR PROPOSAL Notice is hereby given that proposals will be accepted for providing janitorial services for City of Santa Ana park restrooms, at the Parks, Recreation and Community Services Agency headquarters building, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA, 92701 until 5:00 p.m., April, 10, 2008. If further information is required, please contact Robert Carroll via e-mail rcarrollpsanta- ana.or or phone, (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2"d Floor Santa Ana, CA 92701 Attn: Robert Carroll If mailed, it is the responsibility of the proposer to see that any mailed proposal shall have sufficient time to be received by the Accounting and Budget Section prior to proposal due date and time. Late proposals will be returned to the vendor unopened. The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 2 1. GENERAL TERMS A. RFP TERMS AND CONDITIONS 1. PROPOSAL SUBMISSIONS Proposals must be submitted to the Accounting and Budget Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 08-021, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the contractor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Accounting and Budget Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Contractor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Exhibit A. Proposal should take into consideration the evaluation criteria included in Section III and should not exceed 20 pages. • Proposals should include job qualifications of key contract staff including general manager, superintendent, supervisor, and lead maintenance workers. • Completed Contractor's References form (Section IV); • Completed Proposal Summary and Deviations from Specifications form (Section V); • Signed Proposal Form (Section VI); • Exhibits B, C and D are for reference only, but will be required when the contract is awarded to the successful contractor. Contractor must submit one original and eight (8) photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. The City also reserves the right to enter into agreements with one or more contractors to complete the scope of this RFP. 6. AGREEMENT Successful contractor(s) will be required to enter into an agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with an all, or none of the contractors for a two-year period, with the option of extending the agreement for two additional two year terms. 7. SELL OR ASSIGN The successful contractor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all bids for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All bids shall comply with current federal, state, and other laws relative thereto. Contractor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that contractor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL CONTRACTOR The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the contractor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll@santa-ana.org. 13. E-MAIL COMMUNICATIONS To facilitate the request for proposal process, contractors are required to monitor and respond to e-mail requests on a daily basis. 14. PRE-PPROSAL CONFERENCE AND JOB WALK A mandatory pre -proposal conference and job walk will be held on Thursday, March 27, 2008 at 8:30 a.m. in the Parks, Recreation and Community Services Agency headquarters building large conference room, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA. The pre -proposal conference will last approximately one hour. Immediately following the pre -proposal conference, staff will conduct a job walk to view some or all of the restrooms covered in the RFP. Please RSVP to Robert Carroll by Monday, March 24, (714) 571- 4218. 15. PRE -QUALIFICATION PROCESS In addition to submitting all documentation required in this request for proposal, contractors may also be required to demonstrate their ability to successfully perform the type of maintenance work contemplated by this request for proposal, including but not limited to providing an adequate number of staff, suitable equipment and materials as determined by the Director's representative. 16. BONDING Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 17. REVIEW OF JOB SITE The Contractor shall be held responsible for carefully reviewing the sites and verifying all areas of work, prior to proposal submittal. The City recommends reviewing the sites during the busier evening and weekend hours to better understand the traffic that these facilities experience. II. SCOPE A. RESTROOMS AND FACILITIES The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform quality janitorial services at various park restrooms listed in Section V.A. Park Restroom Services. 1. QUALITY ASSURANCE The contractor's location supervisor shall inspect all areas weekly under this agreement and sign a weekly custodial logbook, which the City may review on a weekly basis. This logbook shall include all items required in the weekly service section of the specification. The contractor is required to ensure that all supervisors and staff are thoroughly trained in the implementation of this spec. New staff shall be trained in the specification before being deployed into the field to complete this specification. The contractor shall provide names of staff and crew leaders assigned to this contract, and the facilities they services, and shall inform the City when staff changes. 2. AGREEMENT START-UP Beginning from the start date of the agreement the Contractor shall have one month to visit each building and park restroom to provide a one-time start-up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality 9 of janitorial maintenance to the level specified in the agreement/specifications. Following the Contractor's start-up at each building/park restroom, the City representative will meet with the Contractor to inspect the facility and either approve or cite the areas within the specifications where the Contractor shall provide further quality janitorial maintenance. If at the end of the one month start-up period the Contractor has not completed the start-up service to the satisfaction of the City's representative, the City shall withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will provide the Contractor with a report on start-up work deficiencies, and the Contractor will have three days to correct all start-up deficiencies. 3. BUILDING SECURITY The Contractor's shall provide the City at the beginning of the agreement a matrix listing the name of his/her custodians, what buildings they will service, what time the buildings will be serviced, what vehicles they drive (make, model and license number). This information will be copied to the Santa Ana Park Rangers and the Santa Ana Police Department for security purposes. The contractor shall keep all exterior doors locked during the performance of work or as otherwise directed and shall ensure that all doors are locked at the end of the shift unless otherwise noted. Offices with security systems shall have them activated immediately after work is completed in that area. The Contractor shall be responsible for any lost keys, card keys and any inherent damages (i.e., re -keying of whole facility). This cost shall be withheld from contractor's payment(s). The decision to re -key the whole facility is solely that of the City's representative. 4. EQUIPMENT USAGE There shall be no usage of City equipment, telephones, or facilities by the contractor's staff. The City may ask the contractor to remove staff from the site if they are found to be in violation of this policy. Electrical power (110) volts will be furnished by the City at existing power outlets for the contractor's use to operate such equipment as is necessary in the conduct of his work. The Contractor shall be responsible for any damage caused to the electrical outlets and their covers caused by the improper disconnection of equipment. Cold water will also be made available as necessary for cleaning. 5. SUPERVISION AND SAFETY The contractor shall be responsible for the supervision and direction of the work performed by his/her employees and shall at all times provide a full-time manager or supervisor on the premises to carry out the responsibility. The manager or supervisor shall have the authority to act as agent for the Contractor in his/her absence and shall be fully qualified to implement the contract specifications. The contractor shall be responsible for instructing his employees in all safety measures. All equipment used by the contractor shall be maintained in safe operating condition at all times and free from defects or wear which may constitute a hazard to any persons. All employees will wear proper personal protective equipment while working on City premises. Contractor's 0 supervisors shall be literate and conversant in the English language because of the necessity to read chemical labels, job instructions and signs, as well as the need for conversing with management personnel. Contractor's supervisors shall also be capable of communicating fully with all employees in the event they do not speak English. The Contractor shall comply with and ensure that the Contractor's personnel and subcontracted personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health. The Contractor shall provide or cause to be provided all training, technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified to be performed by the Contractor. The Contractor shall provide all necessary barricades, signs to indicate safety conditions, detours and yellow safety caution tape as necessary to provide a safe environment. The City may require the removal of any of the contractor's employees who are found to be incompetent, careless or insubordinate; or appears to be alcohol or drug impaired or poses a safety risk. The Contractor shall provide an emergency telephone number where he can be reached during normal operating hours and a telephone number where he can be reached after normal operating hours. 6. REMEDY FOR FAILURE TO PERFORM REQUIRED SERVICE Should the contractor fail to perform in accordance to the agreement, the City may withhold a portion or all of the contractor's payment for work not performed for each inspection. This estimate is solely determined by the City, and may be based on the costs submitted by contractor in Section V.A. B. Specialized Services. The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 7. DAMAGE TO CITY PROPERTY Damage or theft of City property resulting from Contractor's performance of the work or negligence shall be repaired immediately by the Contractor or the damage will be repaired by the City at the Contractor's expense, if the Contractor fails to remedy such damage promptly. A written report of the loss and cause of damage must be submitted to the City in writing 24 hours of occurrence 8. METHOD OF PAYMENT The vendor will be paid monthly in arrears for his/her services after verification of completion of work and receipt of invoice. Payment terms will be net 30. 7 9. BONDS Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. III. EVALUATION OF PROPOSALS The response to this Request for Proposal should contain documentation of contractor's credentials and expertise in this field. Consideration will be given to contractors with demonstrable and documented experience in similar work. The responses received will be reviewed by an evaluation committee established by the Administrative Services Division of the Parks, Recreation and Community Services Agency. The successful proposal will be based upon cost competitiveness and the qualifications of the contractor submitting the proposal. The bids will be evaluated based on the following criteria: Capability and Experience of Contractor 25% 1. Ability of contractor to obtain the staff and equipment necessary to perform specifications 2. Training and safety precautions taken to perform specifications 3. Contractor's financial ability to provide uninterrupted custodial services throughout the term of the agreement 4. Experience of lead worker and maintenance staff assigned to the contract 5. Experience of supervisory and management staff assigned to the contract 25% Past Performances 1. Past record of performance on contracts with other cities, governmental agencies or similar organizations, including such factors as reliability, adherence to specifications and compliance with contract terms and conditions 2. Acceptable, verifiable references and site reviews 50% Cost of Proposal I. Cost of base proposal 2. Cost of add -on locations 3. Cost of specialized services FOLLOW-UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarrollpsanta-ana.org or by phone at (714) 517-4218. s IV. CONTRACTOR'S REFERENCES This sheet must be completed in full and returned with contractor's proposal. List and describe fully three contracts performed by your company, which demonstrate your ability to provide services in accordance with the RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. l Customer Name: City of Anaheim Address:p.B Box 3222, Anaheim Contract Amount: $ 84,000 Contact Individual: Phone Number: Year: 2006 Description of equipment and services provided: City buildings and various locations Reference No. 2 Yolanda Gaytan 714-765-6977 Customer Name:City of Santa Fe Contact Individual: Ted G„as ff Springs Address: 12636 Emmens Way Phone Number: 562-868-0511 an a Fe Springs, Ca Contract Amount: $ 46,000 _ Year: Description of equipment and services provided: City buildings, various locations and parks Reference No. 3 Customer Name: City of Yorba LindContact Individual: gtp,zp r p be 1 Address: 4845 Casa Loma Ave. Phone Number: 714-961-7168 $ 15,000 Year: 2005 Contract Amount: Description of equipment and services provided: City buildings and Various locations V. PROPOSAL SUMMARY AND DEVIATIONS FROM SPECIFICATIONS Contractors must provide costs for maintaining each of the parks restrooms, optional add -on locations, and service categories included below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Contractors must also list all deviations from specifications, if any. The 26 park restrooms included in Section A will serve as the basis for proposal evaluation, however, costs of specialized services in Section B will also be considered. The City may, at its sole discretion, choose to award contracts to up to four contractors, one for each District. oz+nviruc! A. rAlCl1 Park Address Cost/Mo. Cost/Yr. Deviations District 1 1 Campesino 3311 W.Fifth St. $586.00 $7,032 _2V Edna 2140 W. Edna Dr. $ 5 8 6 $7,032 3 l El Salvador 1825 W. Civic Center Dr. 4 J Riverview 1817 W. 21 st St. $ 5 8 6 $7,032 S l Rosita 706 N. Newhope St. $ 5 8 6 $7,032 District 2 1 j 2 Angels Cabrillo 914W.Third St. 1820 E. Fruit St. $586 $ 5 8 6 $7,032 $ 7, 0 3 2 3 7 Fisher 2501 N. Flower St. S 5 8 6 $ 7, 0 3 2 4 Logan 1009 N. Custer St. 6 $7,032 5 ,/ Portola 1700 E. Santa Clara Ave. $ 5 8 6 $7,032 6 / Santiago "A" 2535 N. Main St. 2 7 V Santiago "B" 2535 N. Main St. $ 5 8 6 $7,032 District 3 1 Delhi 2314S.Ha1ladaySt. $442 $5304 2-7 Madison 1528 S. Standard St. $ 5 8 6 $7,032 3 Memorial 2102 S. Flower St. $ 5 8 6 7, 0 3 4 Sandpointe 3700 S. Birch St. $ 5 8 6 $7,032 District 4 i t Adams 2302 S. RgEdinger 2 I Centennial "A" 3000 W. e. $ 3 8 7 $ 4 6 4 4 3 v ,Centennial "B" 3000 W. e. S 3 87 $ 4 6 4 4 4 Centennial "C" 3000 W. e. $ 3 8 7 $ 4 6 4 4 5 Centennial HGHS 3000 W. gve. $586 $ 7 , 0 3 6 DYSC "A" includes locker room and restrooms 3000 W. Edinger Ave. $ 6 8 5 $ 8, 2 2 10 Address Cost/Mo. Cosuvr. Deviations Jerome WThomton 3000 W. Edinger Ave. 4812 W. Camille St - 726 S. Center St. 3 8 7 5 8 6 6 $ 4 6 4 4 $ r' , 0 3 2 7 300 S. Figueroa St. $586 $7,032 1801 W_ Segerstrom St. 7 2 12Windsor 2915 W. LaVeme Ave. $586 $7,032 28 Total Totals 15 660 18 7 k. 9 9 The City reserves the right to delete one or more restrooms from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Labor Hourly Wage 1 Maintenance Supervisor $ 2 Maintenance ServiceLeadworker $ 16.50 3 Maintenance Service Laborer $ 15.00 Total (1-3) $ B. Cost For Add On Locations 1 Price By Square Foot Per Month — Park Restroom ix Day $ 1.4651 Price By Square Foot Per Month — Park Restroom 2x Day $ 2.7063 3 Price By Square Foot Per Job Pressure Wash Exterior 35 Entrances and areas around buildings/restrooms 11 V1. PROPOSAL FORM The undersigned contractor agrees to provide park restroom janitorial services in accordance with the specifications included in Exhibit A. I/We have stated herein the services and fees that Uwe will famish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. March n lAi nn Maintenance Name of Contractor (Person, Firm, Corp.) 1639-C Edin er Ave. Address Santa Ana, Ca 92705 Address 714- 973-9272 Telephone Number 12 Si gt of Authorized Rep. George Rodriquez Name and Title (Please Print) April 10 2008 Date 714-973-2124 Fax Number E*H+Bff-"A=GENERAL SPECIFICATION The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform janitorial services. Facilities shall be cleaned once daily. The sorking hours er week, for the dur ration days of this contract are from 11:00 pm to 6:00 am daily, seven (7) Y P directed by the Director's representative. Contractor shall supply and pay for clean, neat appearing uniforms, which shall be wom while working on City premises. Uniforms shall consist of a polo shirt, hat, jacket and full-length work pants with the contractor's identification. All municipal, state and federal safety regulations shall be adhered to in order to prevent injury to personnel and property damage. Smoking is not allowed in City facilities at any time. Daily Cleaning Schedule — Restrooms Showers and Locker Rooms NOTE: Use approved germicidal solution for all cleaning. 1. Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model to General Maintenance specifications upon discovery. Dispensers will be provided by the City. 2. Flush toilets and urinals using approved products. Check for stoppages and use plunger to unplug. 3. If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the Senior Park Maintenance Supervisor at (714) 647-3324. 4. Remove all litter and debris on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. 5. Empty, clean and sanitize receptacles inside and out. 6. Sweep and mop entire floor with approved germicidal cleanser/solution. Hosing out restrooms is not an acceptable practice. 7. Clean and sanitize all surfaces, including walls, doors, partitions, door/window jambs, vents, light fixtures, ceilings, etc. Tile floors and walls shall be cleaned and polished. 8. Clean, sanitize and polish mirrors and frames using approved products. 9. Clean and sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. 10. Clean, sanitize and polish thoroughly inside and outside of metal toilet bowls, urinals, dispensers, wash basins, flush valves, mounting plates, nuts, screws, traps, hose bibs, water connections etc. using approved germicidal cleanser. 11. Clean and disinfect benches using approved germicidal cleanser. 12, Inspect and replace burned out lights inside and outside the building using approved products. 13 13. Clean and disinfect lockers (sides and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 14. Clean and disinfect shower walls, fixtures and curtains using approved germicidal cleanser. 15. Pick up and remove trash and debris within 10' feet of the building in each direction. 16. Remove, clean and sanitize areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids within 10' in each direction of the building. 17. Clean exterior of the building free of all foreign materials including paper wads, confetti, etc. 18. Turn off lights once work is completed - Weekly Cleaning Schedule — Restrooms Showers and Locker Rooms Polish all tiles surfaces using approved product to achieve a high quality appearance. 2. Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative — maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. 3. Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. monthly Cleaning Schedule — Restrooms Showers and Locker Rooms 1. Clean and repaint floor surfaces using approved paint per the manufacturer's specifications. 2. Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. Approved Park Restroom Supplies Toilet Tissue - Acclaim White Singlefold Interfolded Bath Tissue item # 10101 — 00 Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches (Rosita women's restroom only). Approved Cleaning Supplies For cleaning urinals and commodes For cleaning polished and brushed chrome Metal/Chrome polish Disinfectant Colossus Safe -Dee or Glass Cleaner Briteboy Versatile 14 -E�' CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with anrdg local directives color,to race, religion, executive orders oregazdmg Wonnal origin; t it is in compliance with all federal, aggressively the discrimination in employment; and that it agrees to demonstrate positively and aggr Y principle of equal opportunity in employment. WE AGREE SPECIFICALLY: I. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY Merchants Building Maintenance TITLE OF PERSON SIGNING Branch Manager ,---7r,� — SIGNATURE — DATE A ril 10e 2008 Please include any additional information available regarding equal opportunity employment programs now in effect within your company 15 -E�H+-"C-2L -- SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Name Insured Countersigned by the endorsement form as part of 10 I SAMPLE AGREEMENT CITY OF SANTA ANA CUSTODIAL AGREEMENT THIS AGREEMENT, made and entered into this day of 2008 by (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. 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 "high-level" contractor 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 those services as set forth in the Custodial Services Agreement Description/Specifications/Work Statement (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit " " hereto) attached to this Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 17 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit " ". The total sum to be expended under this Agreement, shall not exceed the annual amount of $ during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 which may reasonably be expected by City or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $ . Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 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 its employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. 18 b. ivalent Business than $1,000,000 perocliability insurance, , with a combined crrence.Such insurance in mit of not ance shall include coverage for owned,hired lesshired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, insurance with limits not less than Contractor agrees to obtain and maintain any employer's liability $1,000,000 per accident. nsed professional such as an architect or engineer d. If Contractor is or employs a lice aliability (errors and omissions) insurance, with a Contractor must obtain and maintain Profession combined single limit of not less than $1,000,000 p e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: G) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7, INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, nj rt e of damage compensation, lost profits, restitution, judicial or equitable relief or any YP whatsoever arising out of claims for the samese , which may ployeesfromor other personthe direct or sacting con their the Contractor or its contractors, subcontractors, agents,Yreement; and behalf which relates in any way to the services provided by compensator ion, lost under this ut on or judic al(or from any claim that personal injury, damages,just equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. . This restitution,lostity or any harmless agreement applies to all claims for damages, j ust other judicial or equitable relief or damages suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of hold harmlese terms of, s, andcts pay allyng costsm this forthe Agreement. The Contractor further agrees to indemnify, 19 defense of the City, including fees and costs for special counsel to be selected by the City, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. S. 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; (e) 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. 9. 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. 10. 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 telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) 20 P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement 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 terms and conditions hereof, shall not bind or obligate Contractor nor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 21 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City s use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and in the Specifications, Exhibit "E" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit "" hereto). 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. 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 22 inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of this Agreement. 17. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency CITY OF SANTA ANA: DAVID N. REAM City Manager CONTRACTOR: By: orge Rodriquez TITLE) Branch Manager Tax ID 95-4558242 23 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we MERCHANTS BUILDING MAINTENANCE, LLC as Principal, hereinafter called the Principal, and HARTFORD FIRE INSURANCE COMPANY a corporation duly organized under the laws of the State of CONNECTICUT as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF SANTA ANA as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT THE AMOUNT BID IN Dollars ($ 10% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 08-021 PRCSA JANITORIAL SERVICES AT VARIOUS PARK RESTROOMS AND FACILITIES LISTED IN SECTION V.A. PARK RESTROOM SERVICES NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of April, 2008 Merchants Buildin Maintenance, LLC (P 'ncl al) (Seai) (Witness) (Title) '1 Hartford Fire Insurance Company A t L-1L E % 11 z G r�/ / (S (Seat) Donna M. Green (Wi ss) MARY SMI/TH, " (Title) Attomey-in-Fact l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On April 9, 2008, before me, DONNA M. GREEN, Notary Public, personally appeared MARY SMITH, who proved to me on the basis of satisfactory evidence to be the personO whose name is/are subscribed to the within instrument and acknowledged to me that he/she/thcexecuted the same in his/her/thei"uthorized capacity(io, and that by h4her/their-signature(4 on the instrument the persons), or the entity upon behalf of which the person(i) acted, executed the instrument. RLEN F' I certify under PENALTY OF PERJURY under the laws itJN1 tr, 303� sje t I ,,��I, auF_:ahlti � of the State of California that the foregoing paragraph is 1�k 2 Ls aw ttrue and correct. r WITNESS my hand and official seal. Place Notary Seal Above Signature - Signature of Notary Public Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. ATTACHED DOCUMENT_ CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR % OTHER: % SIGNER IS REPRRSN I1Nl NAME OF EEKSON(S) OR ENTITY(IES) DESCRIPTION OF • HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 aX Hartford Fire Insurance Company Twin City Fire Insurance Company El Hartford Casualty Insurance Company Hartford Insurance Company of Illinois 0 Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast 0 KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duty organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies") do hereby make, constitute and appoint, up to the amount of unlimited., John D. Hunsinger, Mary Smith, T.L. O'Loughlin of Pasadena, CA their true and lawful Attomey(s)-in-Fact, each in their separate capacity 'rf more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ��w.,.w'i: ;_ =.�,.„w,�, ,, aver „+.y �+""°► - a �� ,:: P �!�n•�.rf; �•wu•w �riTac? �raTo� I, pq,rs'rs Paul A. Bergenholtz, Assistant Secretary n John P. Hyland, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 191" day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. a Jean H. Wozniak CERTIFICATE mNotary Public My Comission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of April 9, 2008 Signed and sealed at the City of Hartford. I. �. NMMN 0 �rD7�� q. SfTf colleen Mastrolannl, Assistant Vice President Zoilo Reyes 2248 Canyon Drive Costa Mesa, CA. 92627 Employment: Merchants Building Maintenance: Area Supervisor, Orange County: January 1999 to Present Project Manager: December 1998 to January 1999 Area Supervisor, Los Angeles: March 1992 to December 1998 Janitorial Staff / Site Foreman: May 1988 to March 1992 Duties: • Manage cleaning staff of over 150 personnel servicing commercial, residential and industrial facilities throughout Orange County. • Perform nightly inspections of serviced locations. • Prepare and maintain labour and supply budgets. • Oversee all aspects of janitorial payroll. • Trouble -shoot discrepancies and determine corrective actions and procedures to be taken. • On -Call 24-hrs per day. • Meet with customers and tenants to maintain quality work standards. • Provide Safety Training and assistance to janitorial crews. • Schedule weekly, monthly, quarterly, etc, schedules per job site. Education: • Graduate Estancia High School, Costa Mesa, CA. • Quarterly Waxie training seminars: o Carpet Care. o Hard Floor Maintenance. o Window Washing Techniques. o New Product / Chemical uses. • MBM Monthly Safety Training meetings. • MBM Quarterly Supervisor Safety and Management training. r E XP E R=fi NCE EDUCATION GEORGE RODRIGUEZ 639 Fast Edinger Ave Unit C Santa Ana, CA 92705 2000-Present Merchants Bldg Maintenance Santa r1na, CA Branch Manager Manage cleaning crew of more than 500 personnel servicing commercial, and industrial f acilities through out Grange Counryand Los Angeles. s Administer an operational budget up to S700,000.00 monthly. Manage and oversee all phases of operations and administration staff. E Customer relations/visitations/satisfaction • Site Walk-thru of all job projects 1987-2000 DMS Santa Ana, CA Operations / Area Manager 1983-1987 COLS Santa Ana, CA Ar-i Mzrno • Manage cleaning staff of over 150 personnel servicing commercial, residential, and industrial facilities through our Orange County • Perform nighly inspections of serviced locations • Prepare and maintain labor and supply budgets • Oversee all aspects of janitorial payroll • Trouble -shoot discrepancies and determine corrective actions and procedures to be taken • On call 24 hours per day • Meet with customers and tenants to maintain quality work standards • Provide Safety Training and assistance to janitorial crews • Schedule weekly, monthly, quarterly, etc, schedules per job 1980-1983 Fullerton Collette B.A., Business Administration and Computer Science. A.A. Mechanical Drafting AA Computer Aid Drafting Fullerton, Cif y 1639 C Ednger Av. 714 / 973.5272 Santa Ana. CA. 927D5 iainieF- -11cma Experience 2003 — To Present Merchants Building M. Santa Ana, Ca. Operations Manager! Orange County • Manage Area Managers and cleaning personnel servicing over 80 commercial and industrial facilities throughout Orange County. • Meet with customers and tenants to maintain quality work standards. • Perform nightly inspections of serviced locations. • Schedule weekly, monthly, quarterly, etc schedules per job site. • Prepare and maintain labor and supply budgets. • Oversee all aspects of janitorial paymil. 2002 - 2003 Merchants Building M. Santa Ana, Ca. Project Manager/ Mainplace Shopping Center • Manage cleaning staff of over 28 personnel servicing a commercial indoor shopping center. • Meet with customer to maintain quality work standards. • Schedule weekly, monthly. quarterly job tasks for 3 working shifts. • Performed dally inspections of serviced mall. • Prepare and maintain labor and supply budgets. • Prepare cleaning staff payroll. 2001 - 2002 Merchants Building M. Orange, Ca Project Manager / Bloch Of Orange Mall • Manage cleaning staff of over 36 personnel servicing a commercial outside shopping center. • Meet with customer to maintain quality work standards. • Schedule weekly, monthly, quarterly job tasks for 3 working shifts. • Performed daily inspections of serviced mall. • Prepare and maintain labor and supply budgets • Prepare cleaning staff payroll. 1998-2001 Merchants Building M. Culver City, Ca Area Manager • Manage the Cleaning personnel servicing over 35 commercial, and industrial facilities throughout Los Angeles County and Long Beach Area. • Perform nightly inspections of serviced locations. • Schedule weekly, monthly, quarterly, etc schedules per job site. • Prepare and maintain labor and supply budgets. • Prepare janitorial payroll. Education 1986 - 1988 The Advertising Ails College La Jolla, Ca • Graduated Oiptoma in Advertising & Communication Arts • Graduated From Orange Coast College / 1984 • Graduated From Costa Mesa High School / 1982 ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS RFP Reference No. 08-021 PRCSA Date Due: April 10, 2008, 5:00 P.M. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No. 08-021 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on April 10, 2008. This addendum is provided in response to questions asked at the pre -proposal conference conducted on March 27, 2008. Re: Section I. A., Item 16, and Section II. A., Item 9 Bonding requirements will remain as follows: BONDING Each proposal shall be accompanied by a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 2. Exhibit "A", Item 12, Page 13 shall be revised to read as follows: Inspect and replace burned out lights inside and outside the building using existing type (manufacturer and wattage) lights products or approved equal. Contractor shall replace at their own cost a maximum 3 light bulbs per year per fixture Contractor must inform City of light bulb replacement within 48 hours of the bulb being replaced in order to receive credit for a replacement. 3. Exhibit "A", Item 15, Page 14 shall be revised to read as follows: Piek up and r-emove trash and debris within 10' feet of the building in eaeh - a nnLet a: —.Pick up/clean and remove any trash debris and/or foreign materials on the exterior of the building caused by the Contractor's service of the restrooms. 4. Exhibit "A", Item 16, Page 14 shall be revised to read as follows: Remove, clean and sanitize entrance areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids. within n 1�.=�=__ � in PF=o: difp.otian of the building. 5. Exhibit "A", Item 1 (Monthly), Page 14 shall be revised to read as follows: speeiFe,��s—No longer required. 6. Exhibit "A", Item 2 (Monthly), Page 14 shall be revised to read as follows: Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative — maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. Shower curtains shall be to match existing. Should you have any questions or require additional information, please contact Robert Carroll, (714) 571-4218. r Bean Cerdficate Prm a ing Bolton & Company 245 S. Los Robles Ave., Suite 105 CA 91102 Pasadena (626)799-7000 www.boltonco.com 0008309 Merchants Building Maintenance 1190 Monterey Pass Road CA 91754 Monterey Park THIS CERTIFICATE IS ISSUED AS AMA It crc vr••....,.•,-••—.• ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW — INSURER INSURER R INSURER C INSURER D_ INSURER & Casualty THE POLICIES OF IN URANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT SUBJECT WHICH TINS TERMS CEXCLUS ONS AND CONDIT ONS OF SUCH POLICIES A GREGATE LIMBS SHOWN ICE AFFORDED BY THE IMAY HAVECIES RBEEN RED IBED ICED BY PAID LAIMSL THE POLICY POLICY EFFECTIVE EXPIRAxION LIMITS A I� TYPE OF INSURANCE POLICY NUMBER RAL LIABILITY COVG. ELSEWHERE ,WERCIAL GENERAL LIAR ,LAIMS MADE OOCCUR MOBILE LIABILITY 810761G1704TIL07 AMD OWNED AUTOS EDULED AUTOS D AUTOS I -OWNED AUTOS ,GE LIABILITY ( AUTO SS LIABILITY XOOG23875354 ^Iw FICLNMSMADE WORKERS' COMPENSATION & XS108002201 C EMPLOYERS' LIABILITY EXCESS (CA) 6/112007 611/2007 16/1/2008 3/112008 131112009 IBINED SINGLE LIMIT ILY INJURY Pars°^) is Self -Insured under California Certificate of Consent to Self Insure #1793 for California operations. I of the Named Insured. City of Santa Ana 20 Civic Center Plaza Plaza (M-30C Santa Ana, A 92702-1988 „.. RATNNI DATE ERE TE HEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE THOLDER NAMED TO THE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION LIABILITY OF ANY KIND UPON THE COMPANY u ITS T AGEN t f Premium P D DATE IMMIDDIYYYY) 'AEORD CERTIFICATE OF LIABILITY INSURANCE MEROCHI-4'L 04/10/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (WC) Heffernan Insurance Brkra HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR (WC) Heffernan Carlback Ave, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Walnut Creek CA 94596 Phone:925-934-8500 Fax:925-934-8278 INSURERS AFFORDING COVERAGE NAIC# ,Nc„RED INSURER A, Star Insurance Company Merchants Building Maintenance sINSURER C: Compgparep�yp y Monter'eytPark CAas 91754 INSURER D: NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW RHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. [LTR NSR X TYPE OF INSURANCEPOLICY GENERAL LIABRITY ]( COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1K OCCUR x 250 PD DHD NUMBER CP0272727 DATE MWOD 06/01/07 DATE MWDO 06/01/08 LIMITSEACH OCCURRENCE 31,0OO,ODD PREMISES(E. $ 300, 000 MEO E%P (My one person)) $S, DDD) PERSONAL S ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 Per Occur. PRODUCTS - COMPIOP AGG $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ POLICY jE� LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALLOWNEDAUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per evident) $ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC AUTO ONLY: AGO $ ANY AUTO $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIMITS ER E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE -POLICY LIMB 1 $ If yes, deecdbe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROV SIGNS Project: As on file with the insured. City of Santa Ana, its officers, agents, volunteers, employees and representatives are named as additional insured (primary) on General Liability policy per attached endorsement. *Except 10 days notice for non-payment of premium. City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702-1988 ACORD CITY004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAN CELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSWRIr EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBIJGATgN OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) created at www.e CertsONLINE.com r, r Exhibit "C" ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, and the City of Santa Ana, located at 20 Civic Center Plaza, Santa Ana, California 92701; and their respective officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative Exhibit "D" � � A Date Name of person with ultimate authority Contractor's Name Address City, State, Zip Dear: On (date, time) Contractor failed to perform work specified in the City of Santa Ana contract specifications as outlined below: 1 Location: Spec Section: Class Rate CITY Sub -Total A. Labor: 0.00 0.00 B. Equipment: 0.00 0.00 0.00 C. Materials: 0.00 0.00 Total 0.00 TOTAL REDUCED FROM MONTHLY INVOICE FOR FAILURE TO PERFORM 0.00 According to the contract specifications the Executive Director's Representative determines all maters concerning the Contractors failure to perform to the specifications. Should you wish to appeal this matter you may do so by submitting in writing a letter to the Executive Director's Representative, the Park Superintendent, within seven calendar days from the date of this letter. Your appeal will be given serious consideration and you will be contacted with the final decision. Respectfully, Name of Supervisor/Manager Title CC: Maricruz Chavez Robert Carroll Contractor's AR ACORD. CERTIFICATE OF LIABILITY INSURANCE ORCPH-ID 4 Z DATE( 04/ 10/08 00 MEOB PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAnON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (WC) Heffernan Insurance Brkrs HOLDER HIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1350 Carlback Ave, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Walnut Creek CA 94596 Phone:925-934-8500 Fax:925-934-8278 INSURERS AFFORDING COVERAGE �NAICO INSURED A-2008-092 INSURERA. Star Insurance Company INSURER B. ' -- CMerchants Building Maintenance INSURER C. 1191ianNbntereYY Paso Rd. INSURER D Monterey Pares CA 91754- --- - - INSURER E: 4rV YCmMVLJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A001. POLIC.....CTNE POLICY' EXPIRATION'- LIMBS LTR IINSRD TYPE OF INSURANCE POLICY NUMBER DATE MMDDM DATE MMAX)fO GENERALLIABILITY `EACH OCCURRENCE DAMAGE TO RENTED S 1, 000, 000 X GENERAL LIABILITY CF0272727 06/01/07 I 06/01/08 PREMISES(E. vunudc.j 300,000 A X COMMERCIAL tf CLAIMS MADE X OCCUR MED EXP Any one peleooH {f 5,000 j 250 PD DED PERSONAL{ ADV INJURY S 1,000,000 Per occur. GENERAL AGGREGATE s2,000,000 GEWL AGGREGATE LIMIT APPLIES PER PRODUCTS � COMP(OP AGG S2,000,000 j I POLICY' ' PROECT LOG J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I { I ANY AUTO ilEe exitleml ALL OWNED AUTOS BODILY INJURY S (PerPmeon) SCHEDULED AUTOS i HIRED AUTOS BODILY INJURY S {Pa,Attldenq NON OWNED AUTOS PROPERTY DAMAGE f y (PW IEddeni) GARAGE LIABILITY AUTOONLY EAACODENT S ANYAUTO OTHER THAN EA ACC�S _ AUTO ONLY AGG S EXCESSfUMBRELLALLABLRY EACH OCCURRENCE f OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE $ RETENTION S S WORKERS COMPENSATION AN TORY LIMITS _ ER EL EACH ACCIDENT S ANY PROPRIETORR�NERIEXECUTIVE OFFICERNEMBER EXCLUDED? E.L DISEASE EA EMPLOYE f Il yea de¢dhe undo, SPECIAL PROVISIONS babe ,pISEASE POLICY LIMIT' { E.l— OTHER DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT) SPECIAL PROVISIONS Project: As on file with the insured. City of Santa Ana, its officers, agents, volunteers, employees and representatives are named as additional insured (primary) on General Lidbility policy per attached endorsement. *Except LO days notice for non-payment of premium. CITY004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAIS THEREOF, THE REELING INSURER WILL ENDEAVOR TO MAL 30* DAYSWRBTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Santa Ana 20 Civic Center Plaza (M-30) REPRESENT TIMES. Santa Ana, CA 92702-1988 AUTHOR Nrnrne IDnm mRl ®ACORD POLICY NUMBER: CP0272727 COMMERCIAL GENERAL LIABILITY INSURANCE CO: Star Insurance Company CG2010 03 97 NAMED INSURED: Merchants Building Maintenance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZAT ION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Santa Ana, its officers, agents, volunteers, employees and (representatives Project: As on file with the insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect liability arising out of your ongoing operations performed for that insured. PER FORM CG0001 07 98 Section 4 attached to the policy - This insurance is primary except when applying to rented premises. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in the policy. CG20 10 03 97 Copyright, Insurance Services Office, Inc 1996 Page 1 of 1 acoRD" CERTIFICATE OF LIABILITY INSURANCE °°"I110120 a1 o/2oa6 Prodooer Bolton Certificate Processing THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Bolton & Company 245 S. Los Robles Ave., Suite 105 Pasadena CA 91102 (626) 799-7000 www.boltonco.com THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER Travelers Property, & Casualty Com an of America INSURER ACE Property & Casualty 0008309 INSURER Majestic Insurance Company Insured Merchants Building Maintenance INSURER Federal Insurance Company 1190 Monterey Pass Road Monterey Park CA 91754 INSURER E COVERAGES 14 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 ERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS [TTRGENERAL LIABILITY COMMERCIAL GENERAL LIAB CLAIMS MADE nOCCUR COVG. ELSEWHERE EACH OCCURRENCE S FIRE DAMAGE (Any one rin) S MED EXP (An one son) $ PERSONAL& ADV INJURY S GENERAL AGGREGATE S GENT AGG LIMIT APPLIES PER PROW CTSCOMPIOP AGG $ $ POLICY ROJECT LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 810761G1704TIL07 6/1/2007 6/1/2008 COMBINED SINGLE LIMIT a 1000000 BODILY INJURY (Per person) $ BODILY INJURY (Per accmentl f PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO S ANY AUTO B EXCESS LIABILITY OCCUR CLAIMS MADE XOOG23875354 6/1/2007 6/1/2008 EACH OCCURRENCE $ AGGREGATE S Q S S DEDUCTIBLE RETENTION S S C WORKERSCOMPENSATION 8 EMPLOYERS' LIABILITY XS108002207 3/1/2008 3/1/2009 STATUTORY LIMIT THER EL EACH ACCIDENT s EL DISEASE - EA EMPLOYEE $ EXCBSB (CA) EL DISEASE -POLICY LIMIT f mp. TITa orgery imd e , 000 DESCRWIICN OF OPERATIONSILOCATIONS/VEHILEWEXCLUSIUNb AL1U1cU Uy ENDORSEMENTISPErIAL PRO Workers Comp is Self -Insured under California Certificate of Consent to Self Insure #1793 for California operations. Job: Operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION MBM CA, Operations of the Named Insured City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E30RA. IDA SATE THEREOF, THE WRTTEN NOTICE TOSTH THE HOLDER NAMED TOUING COMPANY WILL ENDEAVOR TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE 20 Civic Center Plaza (M-30) Santa Ana, CA 92702-1988 SENTATIVES. SDOaysforNRn-Pey~1ofPramium AUTHORIZED REPRESENTATIVE Cheryl Feia ACORD 25-S (7197) © ACORD CORPORATION. 19 88 merchants building maintenance, PLC Exhibit �B April 10, 2008 Robert Carroll Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2nd Floor Santa Ana, CA 92701 Dear Mr. Carroll, Thank you for giving Merchants Building Maintenance the opportunity to provide you with a janitorial proposal for your facility. Since 1961, Merchants Building Maintenance has provided California businesses with the very finest in janitorial services. By providing our clients with quality service we have been able to expand our organization every year. Our cleaning program is designed in such a manner as to reflect the high standards you require with strict adherence to the enclosed specifications. We recognize continued control of these specifications is dependent upon in-depth management, supervision, communications, and our flexibility to serve your requirements. Our company has been providing housekeeping service to companies like yours for the past forty-four years. In the process, we have gained valuable experience that will help make you proud of your decision to select Merchants to provide your housekeeping program. We look forward to being of service Sincerely, i Patricia Valera Business Development 1639-C East Edinger Ave., Santa Ana, Ca 92705 Ph:714-973-9272 Fax: 714-973-2124 P,C,., h0,1,,a aa_w Ea'D cage'_ of A nam:F/g2ODd 11 __ " vage ' Or R AI GATE MN CAORD CERTIFICATE OF LIABILITY INSURANCE OPID vH lID 4 06/04/089/OS N CERTIFICATE 13 MATTER OF IHFORMATIO� UED ASUPON ONLY AND CONFERS NTHIS O RIGHTS THE CERTIFICATE INC) Heffernan Insurance Brkrs I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1350naooaCarlback Ave, Suite 20D ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Walnut Creek CA 94596 925-934-950D iax:925-934-8278INSURERS NAIL 0Phone IrvsuRED j-tAFFORDINGCOVERAGE `:: =r• _Star Insurance Coopany T I I Mezchants Buildia 9 Maintenance, LLC r' - - 1190 Monterey Pass Rd. NSL EFc � Monterey Park CA 92754 THE POLICIES OF INSURANCE LISTED BELON HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAYPFRTAN THE INSURANCE AFFOROFD BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAIDCLAIMSS --06L lTi NSRO C,CJCINSURA.CE POLICY NUMBER ' p:.T£?µMADM'j TRGpA E YMALNYDIN' LMITS aENERiLUtBILITY cYF n,[n.-RE'c ;31,000,000 A X X ., CP0272727 06/01/O8 06/O1/09 - �t r'$300,000 nE�Flanc:'551000 X':8250 PD DBDE1,000,000 Per Occur. �ECERA: m�sPe anrFM 'F2,000,000 lP.: Al1TOMOPILFIILBIOT 'GM9"F'i , GARAGE MABIVTI y7u U, ;.•-EA j9TrEGTHN' EYCESSNNC9ELLA LMeNtt c✓'" 3.C.cpc.`` S — S NbRNERS COMPENSATION ANO / L 'fjFP FMPL OYER$ LIABILrtY A 2_ SAS MI'� 1II� 0" ESCRIPT'ON OF OFERAAONf ILOCATONSiYEHICLESIOXCLRSNAIS ADDED BY ENDORSEMENT I SPECIAL MOVISIONS Project As on file with the insured. City of Santa Ana, its officers, agents. Volunteers, employees and representatives are named as additional insured on General Liability policy Der attached endorsement. Such insurance is primary and noncontributory. -Except 10 days notice for non-paynient of premium. City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92102-1588 CITY004 I SWUM ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EYPIRATIC! OATETHEREOF, THE RSUN:INSURER MILL ENDEAVOR TO MAIL 30- DAYSNRITTEN NOTICE TO PRE CERTFWA TF NDLDFR NAMM M ME LEFT. BVI FAILME TO DO SO?4ALL IMPOSE NO OBLIGATpN OR LIABIUM1 OF ANY NIM IRON THE INSURER. ITS AGENFS OR From JW canna Race Fain Page 3 of G Gate 8 008 11 32 PM Page 3 of a IMPORTANT if me certificate hoidei is an ADDITIONAL INSURED, the policypesf must be endorsed A statement on this ceffificdte does not confer rights to the certificate holder in lieu of such endorsement(s) 11SUBROG„TION IS N2IVED. sub)ect to the terms and conditions of the policy certain policies may require an endrrsenwnt A statement on this cert hcate does not conler rights Co the c rtlflcate holder if, !ieu of suc.". endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s). authorized representative or producer, and the certificate holder not does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon onn JW,a nr a Rare F a'.IO Pagaa o14 Vara o.'t ,i11rinreye♦- POLICY NUMBER CP0272727 NAMED INSURED Mmchanls Boadiun Maintenance LLC Merchants Bldg Maint Co CG 20 10 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNER. LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization - City of Santa Ana, its officers, agents, volunteers, employees and representatives I IEREBY NAMED AS ADDITIONAL INSURED AS RESPFCTS TO WORK PERFORMED BY IE NAMED INSURED AT. oiect: Per contract on file with the insured. I i IS FURTHER AGREED COVERAGE AFFORDED BY THIS POLICY SHALL BE PRIMARY AND NON-CONTRIBUTING FOR THE BENEFIT OF THE ADDITIONAL INSURED BUT ONLY AS RESPECTS TO LIABILITY ARISING OUT OF THE WORK PERFORMED BY OR AT THE DIRECTION OF THE NAMED INSURED FOR THE BENEFIT OF THE ADDITIONAL INSURED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect liability arising out of your ongoing operations performed for that insured CG 20 10 03 97 ISO Properties, Inc., 2000 in. Cily III $e n!a Ann Fdrta FTOnOr J : BDiton Ce[t It Irate YrOCPGc inOy ACORl7 CERT1{CA f� Cif tt4illiY (!{E sr32oae PRurw BnYln CNIi6ea,c ProusvnR Bolton & Company •45 S Los Robles Ave SOtii 105 CA 91102 Pasadena wi Di wm 799-' u00 ww 0008309 TXIB CERirF6RTE IS ISSIIFD AS'A MPTTfR OF NifORMATTON ONLY AND CONFERS NO RIGNIS UPON INE CERTIFICATE HOLDER THIS CERTUKATE DOES El AMEND, E%IEND OR ALTER 1HE COVERAGE AFt011 BY TITLE POLGiS BELOW - � W$i R Travelers Property & Casualty A Com an of America I IrsuR,R ACE Property &Casualty NSURER Majestic Insurance COm"aEy Merchants Building Mamtenance INSURER Federal Insurance Company 1190 Monterey Class Road Monterey Park CA 91754 I INSrRrR .. TO .....-RAN NOTWITHSTANDING ANY REQUIREM ENT. 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, AGGRE AT IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POIiLy POLICY FFf ELTIVE EXPIRATION :CRAWS SR IyPt (S INSURANCE POLICY NUMBER DATE DATE IT LAP, OwiNFNCE 3 FIRE DABLEI T,new 3 LLGtrili LIABILnV (MMLPCRK OCNC?PLrt'IP1B CLAIMSMADL LJOCCIBI GOVG ELSEWHERE I uWLXP Al 3 POtSONALJ AOV,NAMY S — GEBL ACURECAIL 3 PRCWCIl{pW/pP POG 3 ICFNI 9(: I1A51 AIRIFS RR 5 A CIX1CY ROJ[CT LCK AUTO MOBR[. IIARIIdY AUTO Pll UTA III Atli I A10761G1704TIL08 6112008 6112009 DDMBNEDSyECLE LIMIT 1.000.000 BODILYWO)PY iii ,1VNnt S BODILY INJURY SCIBgII l U All11T N!Ia:00.UIU5 � ' (MI �KidMl 1 p,pOTT V DAMl NDN OVMED AUTOS EKNFN) L pUTO C+IY-[P PC.00ENT AU 3 _ OTN[RTHAN EAA AUTOONLY. Al t GARAGE LIABB III ANY Au10 B ExCL55 LNIBRIIY ncruR ❑PAll Maor I XCOG24649234 6112008 6112009 [API OGCWR[ t ACNxFaaTE 3 3 5 I STATIRORY LMIT 3 C r DEDITION RFIkNIgNi 10.000 WORKERSCOMPENSATION& MB0.ITY EMPLOYERS L Excess WC CA)LL XS108DO2201 3/12008 W/lli nEACH ACCIOFN} R p5EA5f EA EMPLOYLL > DISEASI . RRJCY UAPT ml Top e ge ly I Forgery pFSf,RNiY]H FOPFRAI N9LOCAl10N5NF H,GE51 fl USrt#IS POTRU BY NDORS MNI CW.PI10V151 5 Ana P2�ksalifornia Certificate of Consent to Sell Insure bl793 for California operations IDbAlok ers 7mPas Selt. insured s . R 3 SHOULD ANY OF TNF PBOVF DESCRIBED POLICIES BE WILL ENIMA BEFORE THE MaR`FIEffiFYTE NO ICE 0 THE COMPANY WkL ENDEAVOR T1 MAIL SD OATS WRITTEN NOTICE 10 THE CFRT,PgAiC HOLDER NPNtU 10 THE City Of Santa Ana ParXS_ E%P— DA GATE WRITTEN Recreation and Communlry LEE BUT FAILURE 10 MAR SUCH EAI ICE SHALL IMPOSE NO OBLIGATION Services Aqe n0YV OR LIABILITY OF ANY AND UPON THE COMPANY. ITS AGE%" ORRfPRF Attn Carla Nlack-ThompkinS SENTATIVES '10 Dny>brNPn P>yRl>ntMPremiRrR 888 W Santa Ara Boulevard Suite 2 0 92701 AVINPBzm Santa Ana D'RESENIATIA [� CheM Faa 7" 3635565 . , A W2112008 Prod" CNAHIn6 Liu THIS CERTIFICATE IS ISSUED P.S A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Bolton & Company 246 S. Los Robles Ave., Suits 105 Pasadena CA 91102 honw l om 0008309 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INKCI1KMEAE0=E=RAGE ATravelers INSURERIanoAmea�sualty om f INSURER ACE Property & Casualty INSIAER Majestic Insurance Company I'MUnKI Merchants Building Maintenance INSIIRFR Federal Insurance Company 1190 Monterey Pass Road Monterey Park CA 91764 INSURER E AM E OVE FOR THE P LICv PERIOD INDICATED. TO HE S EMOV HE POLICES OF INSU AN L S BEL W HAVE BEEN ISSUED 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 50. TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ENERAL LIA&Ln'Y COMMERCIAL CENTRAL LIAR CLAMS MADE ❑OCCUR CCIVG. ELSEWHERE EACH OCC RUNRUNCE Ij FIRE OA OE Is MED EIS A arc er E APVINJURY f OCNERAL AGGREGATE S N APT�iCCLIM� iUCS PER PIKIOUCTSGOMP/OP AGG E ! POUCY F_IPNOJECTM LW A E UAewTV AD NY AUTO ANY ND All OY/NFO AUTO! SCHEOULEO AUTOS 810761 G1704TILOS 6/1/2008 6/112009 COMBINED SINGLE LIMIT f 1 000 000 BODILY INJURY (PeWWI) ! aOD'LY INJURY IF' udd.4 % MIRED AUTOS NOWMED AUTOS PRO R DAMAGE (Nr N009 A) E GARAGE LIABILITY AUTO ONLY- EA ACCIDENT E *AINT AN rA AC E ANY AUTO s : AGG AUTGOONLTHYEXCESS B IURY �:IoceuRDAIS❑CWMSMAOE XOOG24649234 6f1/2008 6/1/2009 EACH OCCURRENCE AGGREGATE i s ^DEDUCTIBLE RETENTION! 10,000 S PRLOYERS'�ABILITY�NaVISTAT XSIOBO02201 3/1/2008 3/1/2009 EACH ACCIDENT Sy' Excim S WC ;CA) FL DISEASE • EA EMPLOYEE E EL DISEASE -POLICY LIMO mp Dyae For m e orkem Comp is Self -Insured Under California Certificate of Consent to Self Insure #1793 for California operations. The insured hereby agg�rees that their workers' Dompensetlon will be primary and non-contributing. Job: #33777. Various%anta Ana Parks. Revised replacing certificate previously issued on 613/08. RRP. UP SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE A, CIty Of So nts Ana Parks, Recreation and Community %RAjION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 9�0 DAYS VMrr1N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ,Services J4s�en Attn: Carla MSorc - Thompkins LEFT, BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REVIVE. 888 W. Santa Ana Boulevard, Sulte 200 SENTATNES. ' 10 DATs rer NBA.PBYMWM of P"191% Santa Ana. CA 92701 AUTHDuzED RVRESEWTATIVE QhRryl PRIG /l/��'/ ACbI@�p' }i1%B�i'9�. Ta, ..:: ,'�^;E . 1'":,:•� _ :" .., .. .. r�s' ..-_ ��;, ,nr. Fax from 88/25/8B 00:09 Pill: 2 v THIS CERTIFICATE IS ISSUED AS AMAT TEROFINFORMATION ONLY AND CONFFR3 NO RIGHTS UPON THE CERTIFICATE HOLDER. Bolton & Company THIS CERTIFICATE DOES NOT AMEND. EXTEND On ALTER THE 245 S. Los Robles Ave., Suite 10ti COVERAGE AFFORDED BY THE POLICIF.e BElcrw. Pasadena, GA 91102 RRINN CM IHSI m Travelers Property & casualty (828) 789-7000 0008308 COm an of merics www.bollmoo,wili INS m— MI'IWG$t Employers Casualty Company Ifed iNsmER Twin City Fire Insurance Company Merchants Building Maintenance 1190 Monterey Press Road Ws"MrR Federal Insurance Company Monterey Paris CA 91754 INSURER NDTwITHSTRNDING ANY REQUIREMENT, TERiI! OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO wmcHH T14 S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU8JECT TO ALL THE TfRM& EXCL SI NS AND CONDITI S OF SUCH POLI 6G EGATE LI ITS V BEEN REQUQD By t CLAUyIS NSA TYPE OF INSURANCE EFFE T Y EXi ION LTR POLICY NUMBER D LIMITS FRERAL LABILITY CAdi QT:fA A CIIHAH,ILRDAI GENERAL LIAB 0308043NO84TIL09 0/1/2009 6/1 /2010 e CLAIMS RAGE 1731w1:ae 1] E cno ml - S - _ A1"AD rlUTO810329D1831TIL09 8/112009 6/1/2010 1w1CGAU1hDSINWUMrru.OW"AUTOS HEDuun AUTOSON1 MEDNt2QAJ f o V12M GW O�lumiyOM4N1uED AVEOS �AANIYAUTo ,tlos w, FL ESS LIABILITY A a�cu>i ❑"whIAOE CUP8043N684TIL09 6/1/2009 oEDIICTIBI£ paufflaus 0 B EMa LIABILITY EWC000280 EIcoseWC(CA) 3/1/2009 mtt am C 72WMMO out 01Slote 1111/2009 111/2010 wm is usimnsured under California Cerlincata of Consent to Self Insura #1703 for California oper�atlons. GL A Ndonal Insured per form CGD240 0805 attached, only If required by written contact. M Vskus Sena Ana Parks. Insurad(a}: City afSanta Ana. Its officers, eDents, volunteers. and 4"X06yaes. �xrUMUON DATE THEREOF. THE ISSUING COMPANY Wi(! FNOFAVOR 10 MAIL City Of Santa Ana . -.GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Atln: Alhana Martinez LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAD. WWOSE NO OBLIGATION 888 W. Santa Aria Blvd., Suite 2b0 [POT, OF ANY KIND UPON THE COMPANY. rTS AahlIS OR REPRE• Santa Ana, CA 92701 3ENTM1 •lea r*rWe oenwnu■j. AUTHMRr►RESENTAINE )n or, - .r....--• -- ryrFWA - --. ':WT RV., 442-use tww'r Can, WACIpl Bolt*& Gdttitsto I'm000ing '1124/2W 5,04.26 ou Ryo 1 et • IMPORTANT If the certificate folder is an ADDITIONAL INSURED, the poficy(tas) trust ba andorsed. A statement on this certfllcete does not confer rlghts to the cartigcote holder In Ilea of Such ondersernentils). if SURROOATION IS WAIVED, sub)wt to the terns and C00111 cans or the policy, rsttehi po[Uus may JOWNe an endorsement. A Statement en tlis cartilkate does net confer rights too* MUlIcate holder In lieu of such eadorsement(s). DISCLAIMER The Certificate of Irtsurerke on the reverse side of this form does not constitute a contract IretWean the issuing Inwrat(s), authorized mprusentathte or producer, and the cwtHIcete holder, nor does it afBanatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. LACORD 25-S (7/97) created at vwvW eCertsONLINE com cT M., 5.2045s cr-:rter �roav, ._.......... ue na raga 2 at a 6308043N684TIL09 aMMERCfAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modiffes Insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section 11) Is amended to Include any person or organization that you agree in a '`vrtrien contract requiring Insurance to include as an additional insured on kids Cover- age Part, but: a) OMy with respect to liability for "bcdNy injury', °Ireperty damage' or •personal InjuryP; and b) If, and only to the extent that, the Injury or damage Is caused by acts or onbsbns of You or your subcontractor in the performance of 'your work" to which the ' wiltten contract requiring insurance" applies. The parson or organization does not qualify as an additional insured with respect to the Independent acts or omissions of such person or organization. The Insurance provided. to the addtnonal Insured by this enndorsement Is Nmltod as follows: a) In the event that the Limits of Insurance of this Coverage Part shown In the Dacteratlons exceed the limits of liability requlred by the "written contract requiring insurance", the in- surance provided to the additional lnsumd shall be limited to the I1mlts of liability re- quired by that '\widen contract requiring in- surance'- This endorsement shalt not in- creasti the Iimlts of Insurance described In Sedlon 10 Limits Of insurance. b) The insurance provided to the additional In- sured does not apply to "bodily inlury", "prop- erty damage' or personal Injury* arising out of fie rendering of, or failure to render, any professional architectural, engineering or sur- veying services, Including: I. The preparing approving, or railing to prepare or approve, mops, shop dm►v- lolfs, opinions. reports, surveys, Nell or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawi►gs and speaKetlons, and N, Supervisory, Inspectlom architmwal or engineering ac(Miles. c) The insurance provided to the additional In- sured does not apply to 'bodily Injury" or "property damage' caused by *your woW and Included In the 'products -completed op- erations hazard' unless the 'written contract requiring Insurance' specifically requires you to provide such coverage for that additional Insured. and then the Insurance provided to the additional Insured applies only to such 'bodily Injury" Or "property damage" that oc- curs beibYe the end of the period of time for which the )N41(an contract requlrbtg insur- ance" requires YOU to provide such coverage or the end of the polloy period, whichever is earner. 3. The insurance provided to ft additional Insured by (his endorsement is excess over any valid and collectible 'Other insurance', whether primary, excess, contingent or on any other basis, that is avallable to the additional insured for a loss we COW under fMa endorsement. However, if the "Written conirnct requiring insurance spec(ticaffy requires that this insurance ripply on a primary basis or a primary and non-contributory basis, this Insurance Is primary to mother insurance" available to the additional insured which covers that person or organization as a named Insured (or such loss, and we VAN not sham with that 'Other Insurance". But (he Insurance provided to (he additional insured by We endorsement still is excess over any valid and collectible 'other in- surence", whether primary, exC,ess, contingent or on any other bests, that Is available to the addl- tional insured when that person or otganlzallon is an additional Insured under such 'other insur- Moen. 4. As a condition of Coverage provided to the additional Insured by this endorseroeni: a) The addnlonal Insured must give us written notice as soon as practicable of an 'occur+- rerx;e' or an offense which may resuk In a claim. To the extent possible, such notice should include: CC) D2 46 08 06 rib 2006 The SL Paul Travelers Componlea, Inc. .'.ERT 1>=., SUAa49 CL11Np CCCs, Ig1Klt_I Yekh . N,+if l�ltta 0.twatiN,7 if2</]PO! S,di.76 W Mgt 3 of f Page t of 2 COMMERCIAL GENERAL LiABILiTY 1. How, when and where fho °occurrence" or Offense took place; Ii, The names and addresses of any Injured persons and witnessos; and Ill. The nature and location of any Injury or damage arising out of the "occurrence" or offense. b) if a claim la made or'oulla Is brought against the additional insured, the additional Insured must: I. Immadiately record the apadlics of the claim WSW and the date received; and II. Notity us as soon as praclicabie. The additional Insured must sae to it that we receive written notice of the daim or "sWP as soon as pradicabie. a) The additional insured must immediately send us Copies of all legal papers received in oonnection with Uto claim or "soft', cooperate wfth us in the investigation or settlement of the claim or defense ag*N1 the "Butt', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "$ull" to any provider of "Othor Insurance" which would cover the additional Insured for a loss we cover under this endorsement. However. this condltion does not affect wftt►ter the incur- ante provided to the addhionai Insured by this endorsement is primary to mother Insur- ance" available to tha additional insured vdrkcr covers that person or organiomlion es a named Insured as described in paragraph 3. above. 5. The following definition is added to SECTIoN V. -- DiERNITIQNS: "Written contract requiring Insurance" means that part of any written contract or agyeeroent under which you are required to include a person or omganlzation aS 8n additional In. sured on this Coverage Part, provided that the "badliy injury' and "proparty damage" act. cure and the "personal Injury" is caused by an otfensc committed: a. After the Waninng and execution of The oontraal or agreement by you; b. While that part of the contract or agreement is in effect; and o. Before the end of the poiloy period. Page 2 of 2 0 2005 The St, Paul Travelers Companies, inc. C¢sT :11:.. S�IOJS� l•L7YNp OCCl. NY6ciI-� Y01to" d.tt[imEa ftmma.l"g 7/]i/2oaC stale:& PK Ny* 4 of 4 CO tit 46 08 05 Trujillo, Rose Ann From: Martinez, Athena Sent: Thursday, July 30, 2009 4:24 PM To: Trujillo, Rose Ann Subject: COI for Laser Fiche - Merchants Building Attachments: D00090730.pdf Hi Rose Ann: When you get a chance, please scan attached COI to A-2008-092. Thanks! Athena