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TSCM CORPORATION (6)
N-2025-159 §NSURANCE UPI FILE WORK MAY PROCEED UNTIL INSURWICE XMRk� 1�1 - CITY CLERk FATE. JUL 0 3 2025 AGREEMENT TO PROVIDE POWER WASHING AND SWEEPING SERVICES AT SANTA ANA REGIONAL TRANSPORTATION CENTER THIS AGREEMENT is made and entered into on this Ist day of July,2025 by and between TSCM L�11� urn Corporation,a California corporation("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor to provide power washing and power sweeping services at the City-owned Santa Ana Regional Transportation Center(SARTC). B. Contractor has previously provided such power washing and power sweeping services at SARTC under agreement with City. Contractor is able and willing to continue 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 consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set-forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City,the rates and charges identified in Compensation -Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed$49,999. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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. Page 1 of 9 3. TERM This Agreement shall commence on July 1, 2025 for a one (1) year term, expiring on June 30, 2026, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"maintenance"projects. If the services being performed are part of an applicable "public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all .Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 7. INSURANCE Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and$2,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code I (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers' Compensation (WIC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions: I. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials,employees,agents,or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each Page 3 of 9 insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten(10)days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:Public Works Agency,20 Civic Center Plaza,M-24,Santa Ana,CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate, Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting"coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Page 4 of 9 Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees, contractors,special counsel,and representatives from liability: (1)for personal injury,damages,just compensation, restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. Page 5 of 9 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a) has been disclosed in publicly available sources; (b) is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall Page 6 of 9 participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b)and (c) above. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party,which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Page 7 of 9 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 1.9. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California,the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box. 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Page 8 of 9 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: TSCM Corporation 17791 Jamestown Lane Huntington Beach, CA 92647 Attn: Margaret Pappano, President and CEO A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax., communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 9 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: - CITY OF SANTA ANA '0 _ V i er L. all Alvaro Nunez City C City Manager APPROVED AS TO FORM: SONIA R. CARVALNO CONTRACTOR: City Attorney Kyle .`O lesen Marg7entd no Assistant City Attorney PresiEO RECOMMENDED FOR APPROVAL: Aa 're�- Nabil Saba Executive Director Public Works Agency Page 10 of 9 TSCM CORPORATION CITY OF SANTA ANA January 31,2025 »• ,ems••b �M• SANTA ANA REGIONAL CITY OF SANTA ANA Hv,eny�on e•.ocn,CA 41A47 aice.�_�•ae TRANSPORTATIONAL CENTER 1000 E.SANTA ANA BLVD, visas-.+n Im. SANTA ANA,CA 92701 www.bcmewp-cam a°^"�!°^ •"',dO SWEEP&STEAM CLEANING 71a.5b5.zb92 714.565.2693 FAX FY26 BUDGET 2025 2026 SWEEPING FREQUENCY JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN ANNUAL SWEEP OUTSIDE LOT#I ON HOLD $0 SWEEP OUTSIDE LOT#2 ON HOLD $0 SWEEP OPEN PORTION OF LOT 92,PARKING LOT#2-3 X WEEK $787 $787 $787 $787 $787 $787 $787 $787 $787 $787 $787 $787 $9,444 STRUCTURE.AND ROADWAYS STRUCTURE&ROADWAY-2 X WEEK TOTAL SWEEP $787 $707 $787 $787 $787 $787 $787 $787 $787 $787 $767 $767 $9.444 2025 2026 STEAM CLEANING FREQUENCY JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN ANNUAL STEAM CLEAN AND PRESSURE WASH AREAS AS SEE SCOPE $3,250 $3,250 $3,250 $3,250 $3,251) $3,250 $3.250 $3,250 $3.250 $3,250 $3.250 $3,250 $39.000 LISTED BELOW UNDER STEAM SCOPE' TOTAL STEAM $3,250 $3,250 $3,250 $3,250 53,250 $3,250 53,250 $3,250 $3,250 $3,250 $3.250 $3,250 $39,000 'TOTAL ANNUAL PRICE DIVIDED OVER(12) MONTHS TOTAL SWEEP&STEAM $4,037 54,037 $4,037 $4,037 $4,037 $4,037 $4,037 $4,037 $4,037 $4,037 $4.037 $4,037 $48,444 I SCOPE OF WORK QUOTATION PREPARED BY Fi`Cw1!j Eq¢t1w, SWEEPING SWEEP ALL DESIGNATES AREAS TO REMOVE ALL TRASH AND DEBRIS(BETWEEN THE HOURS OF 11 PM-4 AM).INCLUDES AREAS UNDER AND AROUND PARKED VEHICLES.IN OR AROUND ALL IIWE ACCEPT THE WITHIN PROPOSAL.TSCM 15 AU€HORIZLO TO PERFORM THE WORK COMPREHENDED CORNERS,RECESSES,AND OTHER STRUCTURES LOCATES WTHIN THE AREA,AND ALONG ALL HEREUNDER AND 17WE AGREE TO PAY THE SAID AMOUNT UPON COMPLETION OF THE SERVICES. CURB AREAS.ALL TRASH AND DEBRIS COLLECTED ON SITE DURING THE SWEEP SERVICE USING THE SWEEP TRUCK WILL BE DISPOSED OF IN THE PROPERTY'S DUMPSTER.IF THERE IS NOT A TO ACCEPT THIS QUOTATION,PLEASE SIGN BELOW AND RETURN TO. jockr4tscm-P.Com OR FAX TO 7T4.041.3222 DUMPSTER ON SHE,ONE WILL NEED TO BE PROVIDED BY THE PROPERTY. NAME: DATE. STEAM CLEANING ALL STEAM CLEANING AND PRESSURE WASHING IS PERFORMED WITH ZERO DISCHARGE TO THE STORM DRAINS AND IN COMPLIANCE WITH ALL FEDERAL,STATE, AND LOCAL SWPPP WASTEWATER REGULATIONS,THE DISCHARGE FROM THE CLEANING PROCESS IS RECOVERED AND PLACED IN PROPER CONTAINERS FOR TRANSPORT AND TREATMENT.THE SOLID WASTE IS DISPOSED OF PROPERLY AND THE WATER.IS RE-USED. CONFIDENTIAL.-PROPRIETARY INFORMATION TSCM CORPORATION ` R ` O R AT I + N 714.8 Jamestown Lane (`Jl I�7 r`Jl Huntington Beach,CA 92647 714.841.1988 An Environmental! Sensitive Service Corporation www.t1.me fax y P www.tscrncorp.coan Contractors License#934760 SCOPE OF SERVICES & SCHEDULE A. Power Sweeping 1. Contractor shall supply all labor, materials, equipment, and transportation necessary for the removal of trash, dust, and debris from parking lots, vehicular entryways, bus parking stalls, and all four levels of parking structure as indicated on the attached map (Exhibit A) of the Santa Ana Regional Transportation Center (SARTC). 2. Contactor is required to sweep all designated areas following frequencies on attached sheet. All work at the SARTC to be done between the hours of 11 pm and 4am. 3. Contractor must leave the area clean and free of all trash, dust and debris. The Contractor must remove all of the trash dust and debris from the facility. The sweeping process must not damage any surfaces. The sweeping process must not damage adjacent areas in any way. The contractor will be responsible for all damage to the surrounding areas. 4. The contractor, upon completion of the job and prior to final acceptance, shall remove all supplies, materials, debris, rubbish, etc., caused by the operation and leave the finished site in a neat, orderly condition. 5. Sweeping must include area under and around vehicles parked in 4ots or in parking structure; in or around all corners and recesses and other structures located within the sweeping area. 6. All curbs adjacent to the SARTC property must be swept, removing all dirt and grime. 7. The Contractor will be responsible for the disposal of all waste. B. Power Washing 1. Contractor shall supply all labor, materials, equipment, and transportation necessary for the removal of stains and deposits from cement and brick paver sidewalks as indicated on the attached site plan (Exhibit A) of the SARTC. 2. All work at the SARTC shall be performed seven days a week between the hours of 11 pm and 4am. 3. The areas are described on the next page Jamestown Lane Huntington Beach, CA 9 2647TSCM CORPORATION 71484 . 8 714.841.3222 fax An Environmentally Sensitive Service Corporation www.tscmcorp.com Contractors License#934760 Steam Cleaninq Areas & Frequency Four levels of parking structure Annually (all floors, ceiling, ledges, landings, walls, & pipes) Pedestrian bridge over tracks Annually Walkway from main entrance to Santa Ana Blvd. Semi-Annually Concrete drive area from fountain to flags Semi-Annually North esplanade Semi-Annually East esplanade Semi-Annually Northbound platform* Semi-Annually Southbound platform Semi-Annually Parking Structure— North & south stairways and elevator landing areas Quarterly Parking Structure— 1 st floor east entrance area leading to Greyhound Quarterly area Courtyard stairways to second level Quarterly Walkways from courtyard to south driveway and trash area Quarterly Northbound platform* (from bridge to Car 4 sign) Quarterly East and west pedestrian bridge stairs Quarterly Four entry archways (interior and exterior walls) • Santa Ana Blvd. next to the tracks, • Santa Ana Blvd. main entrance Quarterly • Santiago St. main entrance, • Near bus bay#1 Bus Bays 1-10 Monthly Main entrance (fountain area) Monthly Courtyard Monthly South esplanade Monthly West esplanade Monthly All lower walls and columns/pillars with brick material in the areas described above are to be included in the work performed. *There is no water hookups located on or near the North Platform. 2 a CERTIFICATE OF LIABILITY INSURANCE r ATE(MMIDDIYYYY) 2/4/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAMEAC7 Account Manager Spectrum Risk Management PHONE g49-756-5730 u 74 Discovery 1PJC.N Not: 949-756-5740 E MA Irvine, CA 92618 ADDRESS: offlce@spertrumrisk.com INSURERS AFFORDING COVERAGE NAIClf vww,spectrumrisk.com OC77485 INSURER A: Travelers Property Casualty Co of America 25674 INSURED INSURER B: Travelers Indemnity Co of Connecticut 25682 TSCM Corp INSURER C: Insurance Company of the West 27847 17791 Jamestown Lane Huntington Beach CA 92647 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 83828803 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDD!YYW MMIDD[YYYY LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ 630-2W697831 1/1/2025 1/1/2026 EACH OCCURRENCE S1000000 CLAIMS-MADE OCCUR OAMAGETO RENTEDPREMISES Ea occurrencel $300,000 ✓ Deductible-$0 MED EXP(Any one person) $5 000 ✓ Contractual Liability PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY I v I jRb ❑ LOC PRODUCTS-COMPIOP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY BA-2W698028 1/1/2025 111/2026✓ COMBINEDSINGLELIMIT S✓ Ea accident 1 t)QQ 000 ✓ ANY AUTO BODILY INJURY(Per person) S OWNED AUTOS SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident S / Deductible-0 $ A ✓ UMBRELLA LIAB ✓ OCCUR CUP-2W698182 1/112025 111/2026 EACH OCCURRENCE $5000000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5 000 000 DEC) I ✓ RETENTION$() $ C WORKERS PER AND EMPLOYOERS�IABILIITY YIN ✓NSATION WSD 5056095 04 7/1/2024 7/1/2025 `/ STATUTE OERH ANYPROPRIETOFJPARTNEPJEXFCUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N i A (Mandatory in NH) If yes,describe under E,L.DISEASE-EA EMPLOYEE $ Q ,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 51 000 QGQ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana its officers,employees,agents,volunteers and representatives are additional insured with respect to the general liability and auto liability when required by written contract per the attached forms.Primary and non-contributory wording applies per the attached carrier form.Waiver of subrogation applies to the auto liability and employers liability per the attached carrier form. APPROVED By Tu Tran Nguyen at 3:08 pm,Feb 04, 2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention: (PWA: Parks, Fleet& Facilities) ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M-11 Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE Jim Waterhouse ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Tu Tram Digitallysignedby Tu Train Nguyen 83828803 I 2025 PKG + 2024 We I Sara Lee 2/4/2025 9:28:37 AM WST} I Page 1 of I9 Lt �n Date:20Z5.02,04 9 S 15:09:15.08'00' I , COMMERCIAL GENERAL LIABILITY 630-2W607831 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1) Any "bodily injury", "property damage" or The following is added to SECTION II —WHO IS AN "personal injury" arising out of the providing, INSURED: or failure to provide, any professional An person or organization that architectural, engineering or surveying y p g you agree in a written contract or agreement to include as an services, including: additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured, but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury' or drawings, opinions, reports, surveys, "property damage" that occurs, or for "personal field orders or change orders, or the injury" caused by an offense that is committed, preparing, approving, or failing to subsequent to the signing of that contract or prepare or approve, drawings and agreement and while that part of the contract or specifications; and agreement is in effect; and (b) Supervisory, inspection, architectural or b. If, and only to the extent that, such injury or engineering activities. damage is caused by acts or omissions of you or your subcontractor in the performance of "your (2) Any "bodily injury" or "property damage" work" to which the written contract or agreement caused by "your work" and included in the applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during The insurance provided to such additional insured is the policy period. subject to the following provisions: c. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum limits required by the written contract or (1) Give us written notice as soon as practicable agreement, the insurance provided to the of an "occurrence" or an offense which may additional insured will be limited to such result in a claim. To the extent possible,such minimum required limits. For the purposes of notice should include: determining whether this limitation applies, the (a) How, when and where the "occurrence" minimum limits required by the written contract or or offense took place; agreement will be considered to include the minimum limits of any Umbrella or Excess (b) The names and addresses of any injured liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. (c) The nature and location of any injury or This provision will not increase the limits of damage arising out of the "occurrence" insurance described in Section III — Limits Of Insurance. or offense. b. The insurance provided to such additional (2) If a claim is made or"suit" is brought against insured does not apply to: the additional insured: CG 02 46 04 19 ©2018 The Travelers indemnity Company.All rights reserved. Page 1 of 2 83828803 2025 PKO + 2024 WC I Sara Lee l 2/4/2025 9:28:31 AN (PST) l Page 2 of 14 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the (4) Tender the defense and indemnity of any claim or"suit" and the date received; and claim or "suit" to any provider of other (b) Notify us as soon as practicable and see insurance which would cover such additional to it that we receive written notice of the insured for a loss we cover. However, this claim or"suit" as soon as practicable, condition does not affect whether the (3) Immediately send us copies of all legal insurance provided to such additional insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suit", and otherwise Other Insurance, of Section IV—Commercial comply with all policy conditions. General Liability Conditions. Page 2 of 2 0 2018 The Travelers Indemnity Company.All rights reserved. CG D2 46 04 19 B3829903 l 2025 PKG + 2024 WC Sara Lee l 2/4/2025 9:2a:37 AM 18ST) I Page 3 .f 14 1 630-2 W697831 0210412025 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional Insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other Insurance;and CG 20 01 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 83828803 2025 PK0 + 2024 WC I Sara Lee i 2/4/2025 9:23:37 AM (PST) I gage 4 of 14 COMMERCIAL,GENERAL LIABILITY 630.2W697831 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR SERVICE INDUSTRIES This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -- This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured—Unnamed Subsidiaries G. Blanket Additional Insured — Governmental B. Who Is An Insured — Employees And Volunteer Entities -- Permits Or Authorizations Relating To Premises Workers — Bodily Injury To Co-Employees And Co-Volunteer Workers H. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To C. Who Is An Insured — Newly Acquired Or Formed Operations Limited Liability Companies I. Blanket Additional Insured — Grantors Of D. Blanket Additional Insured — Broad Form Franchises Vendors J. Incidental Medical Malpractice E. Blanket Additional Insured—Controlling Interest K. Blanket Waiver Of Subrogation F. Blanket Additional Insured -- Mortgagees, Assignees, Successors Or Receivers PROVISIONS b. After the date, if any, during the policy period that you no longer maintain an ownership A. WHO 15 AN INSURED — UNNAMED interest of more than 50% in such subsidiary. SUBSIDIARIES For purposes of Paragraph 1.of Section II—Who The following is added to SECTION 11 —WHO IS Is An Insured, each such subsidiary will be AN INSURED: deemed to be designated in the Declarations as: Any of your subsidiaries, other than a partnership a. A limited liability company; or joint venture, that is not shown as a Named b. An organization other than a partnership, Insured in the Declarations is a Named Insured joint venture or limited liability company; or if: c. A trust; a. You are the sole owner of, or maintain an as indicated in its name or the documents that ownership interest of more than 50% in,such govern its structure, subsidiary on the first day of the policy B. WHO IS AN INSURED — EMPLOYEES AND period; and VOLUNTEER WORKERS — BODILY INJURY b. Such subsidiary is not an insured under TO CO-EMPLOYEES AND CO-VOLUNTEER similar other insurance. WORKERS No such subsidiary is an insured for "bodily The following is added to Paragraph 2.a.(1) of injury" or "property damage" that occurred, or SECTION 11 —WHO IS AN INSURED: personal and advertising injury caused by an Paragraphs (1)(a), (b) and (c) above do not offense committed: apply to "bodily injury" to a co-"employee" while in the course of the co-"employee's" employment a. Before you maintained an ownership interest by you or performing duties related to the of more than 50% in such subsidiary; or conduct of your business, or to "bodily injury" to CG D4 67 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. 8382B803 2025 PKG + 2024 VAC I Sara Lee 1 2/4/2025 9:28:37 AM (PST) I Page 3 of 14 COMMERCIAL GENERAL LIABILITY your other "volunteer workers" while performing D. BLANKET ADDITIONAL INSURED — BROAD duties related to the conduct of your business. FORM VENDORS C. WHO IS AN INSURED — NEWLY ACQUIRED The following is added to SECTION II —WHO IS OR FORMED LIMITED LIABILITY COMPANIES AN INSURED: The following replaces Paragraph 3. of Any person or organization that is a vendor and SECTION II—WHO IS AN INSURED: that you have agreed in a written contract or 3. Any organization you newly acquire or form, agreement to include as an additional insured on other than a partnership or joint venture, and this Coverage Part is an insured, but only with of which you are the sole owner or in which respect to liability for "bodily injury" or "property you maintain an ownership interest of more damage"that: than 50%, will qualify as a Named Insured if a. Occurs subsequent to the signing of that there is no other similar insurance available contract or agreement; and to that organization. However: b. Arises out of "your products" that are a. Coverage under this provision is distributed or sold in the regular course of afforded only: such vendor's business. (1) Until the 180th day after you acquire The insurance provided to such vendor is subject or form the organization or the end to the following provisions: of the policy period, whichever is earlier, if you do not report such a. The limits of insurance provided to such organization in writing to us within vender will be the minimum limits That you 180 days after you acquire or farm it; agreed to provide in the written contract or agreement, or the limits shown in the or Declarations, whichever are less. (2) Until the end of the policy period, b. The insurance provided to such vendor does when that date is later than 180 days after you acquire or form such not apply to: organization, if you report such (1) Any express warranty not authorized by organization in writing to us within you or any distribution or sale for a 180 days after you acquire or form it; purpose not authorized by you; b. Coverage A does not apply to "bodily (2) Any change in "your products" made by injury" or "property damage" that such vendor; occurred before you acquired or formed (3) Repackaging, unless unpacked solely for the organization; and the purpose of inspection, c. Coverage B does not apply to "personal demonstration, testing, or the and advertising injury" arising out of an substitution of parts under instructions offense committed before you acquired from the manufacturer, and then or formed the organization. repackaged in the original container; For the purposes of Paragraph 1. of Section (4) Any failure to make such inspections, II — Who Is An Insured, each such adjustments, tests or servicing as organization will be deemed to be vendors agree to perform or normally designated in the Declarations as: undertake to perform in the regular a. A limited liability company; course of business, in connection with the distribution or sale of "your b. An organization, other than a products"; partnership, joint venture or limited liability company; or (5) Demonstration, installation, servicing or repair operations, except such c. A trust; operations performed at such vendor's as indicated in its name or the documents premises in connection with the sale of that govern its structure. "your products'; or Page 2 of 5 Q 2017 The Travelers Indemnity Company.All rights reserved. CIS D4 67 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. 03828803 2025 PKG + 2024 WC Sara Lee 12/4/2025 9:28:37 AM (PST) I Page 6 of 14 COMMERCIAL GENERAL LIABILITY (6) "Your products" that, after distribution or a. Is "bodily injury" or "property damage" that sale by you, have been labeled or occurs, or is "personal and advertising injury" relabeled or used as a container, part or caused by an offense that is committed, ingredient of any other thing or subsequent to the signing of that contract or substance by or on behalf of such agreement; and vendor. b. Arises out of the ownership, maintenance or Coverage under this provision does not apply to: use of the premises for which that a. Any person or organization from whom you mortgagee, assignee, successor or receiver have acquired "your products", or any is required under that contract or agreement ingredient, part or container entering into, to be included as an additional insured on accompanying or containing such products; this Coverage Part. or The insurance provided to such mortgagee, b. Any vendor for which coverage as an assignee, successor or receiver is subject to the additional insured specifically is scheduled following provisions: by endorsement. a. The limits of insurance provided to such E. BLANKET ADDITIONAL INSURED — mortgagee, assignee, successor or receiver CONTROLLING INTEREST will be the minimum limits that you agreed to provide in the written contract or agreement, 1. The following is added to SECTION II -- or the limits shown in the Declarations, WHO IS AN INSURED: whichever are less. Any person or organization that has financial b. The insurance provided to such person or control of you is an insured with respect to organization does not apply to: or liability for "bodily injury", "property damage" g y or "personal and advertising injury" that (1) Any "bodily injury" or "property damage" arises out of: that occurs, or any "personal and advertising injury" caused by an offense a. Such financial control; or that is committed, after such contract or b. Such person's or organization's agreement is no longer in effect; or ownership, maintenance or use of (2) Any "bodily injury", "property damage" or premises leased to or occupied by you. "personal and advertising injury" arising The insurance provided to such person or out of any structural alterations, new organization does not apply to structural construction or demolition operations alterations, new construction or demolition performed by or on behalf of such operations performed by or on behalf of such mortgagee, assignee, successor or person or organization. receiver. 2. The following is added to Paragraph 4. of G. BLANKET ADDITIONAL INSURED -- SECTION 11—WHO IS AN INSURED: GOVERNMENTAL ENTITIES — PERMITS OR This paragraph does not apply to any AUTHORIZATIONS RELATING TO PREMISES premises owner, manager or lessor that has The following is added to SECTION II —WHO IS financial control of you. AN INSURED: F. BLANKET ADDITIONAL INSURED — Any governmental entity that has issued a permit MORTGAGEES, ASSIGNEES, SUCCESSORS or authorization with respect to premises owned OR RECEIVERS or occupied by, or rented or loaned to, you and The following is added to SECTION 11 —WHO IS that you are required by any ordinance, law, AN INSURED: building code or written contract or agreement to Any person or organization that is a mortgagee, include as an additional insured on this assignee, successor or receiver and that you Coverage Part is an insured, but only with have agreed in a written contract or agreement respect to liability for "bodily injury', "property to include as an additional insured on this damage" or "personal and advertising injury" Coverage Part is an insured, but only with arising out of the existence, ownership, use, respect to its liability as mortgagee, assignee, maintenance, repair, construction, erection or successor or receiver for"bodily injury", "property removal of any of the following for which that damage" or "personal and advertising injury" governmental entity has issued such permit or that: authorization: advertising signs, awnings, CG D4 67 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 5 Includes copyrighted material of insurance Services Office, Inc.with its permission. 83828803 12025 PKG + 2024 wC I Sara Lee 12/9/2o25 9;2a:37 AM (LIST) I page 7 of 14 COMMERCIAL GENERAL LIABILITY canopies, cellar entrances, coal holes, medical services", first aid or "Good driveways, manholes, marquees, hoist away Samaritan services" to a person, unless openings, sidewalk vaults, elevators, street you are in the business or occupation of banners or decorations. providing professional health care H. BLANKET ADDITIONAL INSURED -. services. GOVERNMENTAL ENTITIES — PERMITS OR 2. The following replaces the last paragraph of AUTHORIZATIONS RELATING TO Paragraph 2.a.(1) of SECTION 11 -- WHO 18 OPERATIONS AN INSURED: The following is added to SECTION II --WHO IS Unless you are in the business or occupation AN INSURED; of providing professional health care Any governmental entity that has issued a permit services, Paragraphs (1)(a), (b), (c) and (d) or authorization with respect to operations above do not apply to "bodily Injury" arising performed by you or on your behalf and that you out of providing or failing to provide: are required by any ordinance, law, building code (a) "Incidental medical services" by any of or written contract or agreement to include as an your "employees" who is a nurse, nurse additional insured on this Coverage Part is an assistant, emergency medical insured, but only with respect to liability for technician, paramedic, athletic trainer, "bodily injury", "property damage" or "personal audiologist, dietician, nutritionist, and advertising injury" arising out of such occupational therapist or occupational operations. therapy assistant, physical therapist or The insurance provided to such governmental speech-language pathologist; or entity does not apply to: (b) First aid or "Good Samaritan services" a. Any "bodily injury", "property damage" or by any of your"employees" or"volunteer workers , other than an employed or "personal and advertising injury" arising out volunteer doctor. Any such "employees" of operations performed for the or"volunteer workers" providing or failing governmental entity; or to provide first aid or "Good Samaritan b. Any "bodily injury" or "property damage" services" during their work hours for you included in the "products-completed will be deemed to be acting within the operations hazard". scope of their employment by you or 1. BLANKET ADDITIONAL INSURED _ performing duties related to the conduct of your business. GRANTORS OF FRANCHISES 3. The following replaces the last sentence of The following is added to SECTION 11 —WHO IS Paragraph 5. of SECTION III — LIMITS OF AN INSURED: INSURANCE: Any person or organization that grants a For the purposes of determining the franchise to you is an insured, but only with applicable Each Occurrence Limit, all related respect to liability for "bodily injury", "property acts or omissions committed in providing or damage" or "personal and advertising injury" failing to provide "incidental medical arising out of your operations in the franchise services", first aid or "Good Samaritan granted by that person or organization. services" to any one person will be deemed If a written contract or agreement exists between to be one "occurrence". you and such additional insured, the limits of 4. The following exclusion is added to insurance provided to such insured will be the Paragraph 2., Exclusions, of SECTION I — minimum limits that you agreed to provide in the COVERAGES — COVERAGE A — BODILY written contract or agreement, or the limits INJURY AND PROPERTY DAMAGE shown in the Declarations, whichever are less. LIABILITY: J. INCIDENTAL MEDICAL MALPRACTICE Sale Of Pharmaceuticals 1. The following replaces Paragraph b. of the "Bodily injury" or "property damage" arising definition of "occurrence" in the out of the violation of a penal statute or DEFINITIONS Section: ordinance relating to the sale of pharmaceuticals committed by, or with the b. An act or omission committed in knowledge or consent of,the insured. providing or failing to provide "incidental Page 4 of 5 ©2017 The Travelers Indemnity Company.All rights reserved. CG D4 67 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. 8382BB03 12025 FKG + 2024 WC I Sara Lee 12/4/2025 9:28:37 AM (PST) I page 8 of 14 COMMERCIAL GENERAL LIABILITY 6. The following is added to the DEFINITIONS subject to Paragraph 2.a.(1) of Section II — Section: Who Is An Insured. "Incidental medical services" means: K. BLANKET WAIVER OF SUBROGATION a. Medical, surgical, dental, laboratory, x The following is added to Paragraph 8., Transfer ray or nursing service or treatment, Of Rights Of Recovery Against Others To Us, advice or instruction, or the related of SECTION IV — COMMERCIAL GENERAL furnishing of food or beverages; or LIABILITY CONDITIONS: b. The furnishing or dispensing of drugs or If the insured has agreed in a contract or medical, dental, or surgical supplies or appliances. agreement to waive that insured's right of recovery against any person or organization, we 6. The following is added to Paragraph 4.b., waive our right of recovery against such person Excess Insurance, of SECTION IV — or organization, but only for payments we make COMMERCIAL GENERAL LIABILITY CONDITIONS: because of: This insurance is excess over any valid and a. "Bodily injury" or "property damage" that collectible other insurance, whether primary, occurs; or excess, contingent or on any other basis, b. "Personal and advertising injury" caused by that is available to any of your "employees" an offense that is committed; for"bodily injury" that arises out of providing or failing to provide "incidental medical subsequent to the execution of the contract or services" to any person to the extent not agreement. CG D4 67 02 19 @ 2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance services Offce, Inc.with its permission. 83828803 12025 PKG + 2024 WC I Sara Lee 12/4/2025 9iM" AM (P$T) I Page 9 of 14 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3 %of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ALL CALIFORNIA ORGANIZATION FOR OPERATIONS, WHICH THIS WAIVER IS REQUIRED. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7/112024 Policy No. WSD 5056095 04 Endorsement No. Insured TSCM Corp Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Counterslgned By WC 99 06 34 (Ed. 8-00) INSURED 8382a8D3 1 2025 PKG + 2024 WC I Sara 1,ee 12/4/2025 91M 37 AM (PST) I Page 1C of 14 COMMERCIAL AUTO BA-2W698028 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement. The following listing Is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- durbument and ilia rest of your policy carefully to determine rights, duties, and what is and is nut covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF B. BLANKET ADDITIONAL INSURED USE— INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.I., Who Is person or organization qualifies as an "Insured" An insured, of SECTION II —COVERED AUTOS under the Wlio Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dui C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION If — COV- separ'ately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "einpluyuu' ur yours is an "insured" wiou til the 180th day after you acquire or form the or-- operating an "auto" hired or rented under a ganlzation or the end of the policy period, which- contract or agreement in an "erriployee,s" over is earlier. name, with your permission, while pbrforminn duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following Is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in 8.5., Who Is An Insured, of SECTION II —COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover a written contract or agreement between you and age, the fallowing are deemed to be cov- that person or organization, that is signed and Bred "autos"you own: executed by you before the "bodily Injury" or (1) Any covered "auto" you lease, hire, °property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 a2 15 @ tot S The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes oopyrighted material of Insurance Servioes offroe, Inc.with its permission. 03828803 2025 PKG + 2024 WC I Sara Lee 1 2/4/2025 9;2007 AM (PST) I Page 11 of 14 COMMERCIAL AUTO pormi ulon, while performing duties (a) With respect to any claim mado or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver Is not a Rico and Canada: covered "auto". (I) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and invesfigate or set- The following is added to Paragraph A.1., Who Is tie any such claim or "suit" and keep Anadvised of all proceedings and ac- An Insured, of SECTION II --COVERED AUTOS LIABILITY COVERAGE: tions. Any "employee"of yours is an "insured"while us,- (0) Neither you nor any other involved ing a covered "auto"you don't own, hire or borrow "Insured" will make any settlementwithout our consent. In your business or your personal affairs. Ili We may, at our discretion( )R y, , participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION 11 — COVERED AUTOS LIABIL- ITY COVERAGE,: {iv)We will reimburse the "insured"' for Sums that the "insured" legally must (2) Up to $3,000 for cost of ball bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- Injury" or"property damage"to which tions) required because of an "accident" this insurance applies, that the "In- we cover. We do not have to furnish cured" pays with Uui uumsunt, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a,(4), graph C., Limits Of Insurance, of of SECTION II— COVERED AUT03 LIABIL- SECTION H — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "Insured" for "Insured" at our request, Including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- Hof the "insured" against any such suit", but only up to and included ERAGE-- INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or mako cuoh payments ands when wo jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of Amorioa applies to and pro- settlements or defense expenses. habits the transaction of business with or (b) This Insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 Q 2015 The Travelers Indemnity Company.Alf rights reserved. CA T3 53 0215 Includes copyrighted material of inouranoe 3ervicas Office,Inc.VAh Its permission. 83828803 2025 PKQ + 2024 NC I Sara Lee 12/4/2025 9:28:37 AM (PST) I page 12 of 14 COMMERCIAL AUTO You agree to maintain all roquirod or (3) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage" this policy, but we will only be liable to the K. AIRBAGS some extent we would have boon liable The following Is added to Paragraph 13.3., Exrrlu- had you compiled with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE; (d) It is understood that we are not an admit Exclusion 3.a, doers not apply to "loss" to one or ted or authorized Insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.i.c., but ada, We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to Insurance. b, The alrbags are not covered under any war- G. WAIVER OF DEDUCTIBLE--GLASS ranty; and The following Is added to Paragraph D., Deducti- c. The airbags were not intentionally Inflated" Die, or SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE; one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass darnaya if the yluss is repall l lather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE— INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "TOSS" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III— PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an Individual); for loss of use Is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (it you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, dlrector or insurance The following replaces the first sentence In Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee"authorized by you to give no- AGE: tice of the„accident" or"lose We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense In- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto'of the private passenger type. of SECTION IV -- BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following Is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person Or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the "accident" or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 (�)2015 The Travelers indemnity Company.All rights reserved. Page 3 of 4 Ineludes oopyrighted material or Insuranoe Servioec Offloe,Ina with its permission. 8382E3603 12029 PKG + 2024 WC I Sara Lee 12/4/2025 9:2S:37 AM (PST( I Page 13 of 14 COMMERCIAL.AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this Insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B,2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 CC 2016 The Travelers indemnity Company.All rights reserved. CA T3 63 02 15 Inoludes oopyrightsd material of tnauranoo Services offioe,Ina with its permission. 83828803 202.9 PKG + 2024 WC I Sara Lee 1214/202-9 9:28:37 AM (PST) I Page 14 of 14 TSCM CORPORATION 714.8 Jamestown Lane Huntington Beach, CA 92647 714.841.1988 714.841.3222 fax An Environmentally Sensitive Service Corporation www.tscmcorp.com Contractor's License#934760 January 7, 2025 City of Santa Ana Public Works Agency 20 Civic Center Plaza M-1 1 Santa Ana, CA 92701 To whom it may concern, TSCM does not hold professional liability coverage as it is not appropriate for our profession or the services we provide. Please feel free to reach out to me at 714.841.1988 with any questions. Since ly, Frank J. Poppano Sr. Vice President