AGREEMENT WITH END RESULT SERVICES, LLC, FOR
EXTERIOR MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into on this 20th day of October, 2026 by and between End Result Services, LLC (“Consultant”), 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. On August 18, 2026, City issued Request for Proposal (“RFP”) No. 27-005, by which it sought qualified consultants to provide exterior maintenance services, including power washing, pressure washing, steam cleaning, and power sweeping.
B. Consultant submitted a responsive proposal that was selected by City. Consultant represents that it is able and willing to provide the services described in the scope of work included with RFP 27-005.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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
Consultant 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 Exhibit A, attached hereto and incorporated by reference.
COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed
$2, , . 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 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant 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 Consultant’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance Exhibit 1
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to a four (4), one-year extension(s), exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.
4. PREVAILING WAGE
Consultant 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 1600, 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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 Consultant under this Agreement (“Documents & Data”). Consultant 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.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Insurance requirements are attached hereto as Exhibit C. 8. INDEMNIFICATION Consultant 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 Consultant, 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 Consultant 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 Consultant’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 Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant 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. Consultant 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 Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant 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 CalPERS 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 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
Consultant 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. Consultant 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 Consultant, 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 Consultant. 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 Consultant 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 Consultant, Consultant 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 Consultants retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant 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 Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Consultant 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. Consultant 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
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 Consultant:
End Result Services, LLC
Attn: Cruz Magee, Managing Member
23382 Madero Road, Suite E
Mission Viejo, CA 92691
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Rodolfo Rosas, P E
Acting Executive Director
Public Works Agency
Cruz Magee
Managing Member
EXHIBIT A
EXHIBIT B
This is the City’s desired minimum maintenance schedule and will serve as a template for cost comparison during evaluation. It will also serve as a guide for the City to ensure fair pricing on quotations after contract award. The City’s desired personnel is a minimum two (2) technicians, as one (1) will be responsible for traffic control while work is performed. The City will work with the selected Contractor(s) to increase/decrease maintenance frequency and add/remove areas that best serve the City’s needs during the term of the contract. The sample fee schedule is not a guaranteed of maintenance work to the awarded Contractor(s).
Furthermore, Contractors may submit their own fee schedule for additional labor, material and equipment rates as a separate cost proposal if applicable. Optional additional cost proposal will not be scored during evaluation. Cost will be evaluated based on the total of lines A1 – A17 and B1 – B25.
Pricing must be inclusive of all equipment, labor, materials, tools, supervision, and transportation. This contract is subject to prevailing wages.
CIVIC CENTER CAMPUS UNIT
COST
ANNUAL
COST
Power Washing, Pressure Washing, and Steam Cleaning
A1 Orange County Central Courthouse grounds shall be cleaned one (1) time per week. $ $
A2 Orange County Hall of Administration North and South entrances, patios, and grounds shall be cleaned one (1) time per week. $ $ A3 City Hall/Council Chambers entrances, grounds and patios shall be cleaned (1) time per week. $ $
A4
Santa Ana Main Library grounds and patios shall be cleaned (1) time per week. Library’s Play Structure and ground cleaned (1) time per month and deep cleaned (1) time per year.
$ $
A5 Santa Ana Main Library Play Structure and ground shall be cleaned (1) time per month. $ $
A6 Santa Ana Main Library Play Structure and ground shall be deep cleaned (1) time per year. $ $
A7 Civic Center Authority Central Mall East and West of Ross Street shall be cleaned two (2) times per week. $ $
A8
The public sidewalk (south side) that runs along Civic Center Drive from Boyd Way (to the west) to Ross Street (to the east) shall be cleaned two (2) times per month.
$ $
A9
The public sidewalk (north side) that runs along Santa Ana Blvd from Ross Street (to the west) to Broadway (to the east) shall be cleaned two (2) times per month.
$ $
A10
Santa Ana Police Department and Jail grounds and entrances, Orange County Sheriff's Headquarters and Intake Release Center entrances shall be cleaned two (2) times per month.
$ $
EXHIBIT 1
RFP 27-005 Exterior Maintenance Services
Best and Final Offer
389.35
701.88
279.63
718.35
375.00
1500
326.71
718.33
653.46
426.92
20,246
36,498
14541
37354
4,500
1500
15,683
10,246
74,706
7841
Santa Ana Main Library grounds and patios shall be cleaned (1) time per week. Library’s Play Structure and ground cleaned (1) time per month and deep cleaned (1) time per year.
more, Contractors may submit their own fee schedule for additional labor, material and equipment Optional additional cost proposal will not be scored during A17 and B1 – B25.
tools, supervision,
, Pressure Washing, and Steam Cleaning
Orange County Central Courthouse grounds shall be cleaned one (1) Orange County Hall of Administration North and South entrances, patios, and grounds shall be cleaned one (1) time per week.
City Hall/Council Chambers entrances, grounds and patios shall be cleaned (1) time per week.
Santa Ana Main Library Play Structure and ground shall be cleaned time per month.
A11
Plaza of the Flags shall be cleaned one (1) per month, which includes removing and cleaning of petroleum product that seeps up on the plaza surface.
$ $
A12
Plaza of the Sun shall be cleaned one (1) per month, which includes removing and cleaning of petroleum product that seeps up on the plaza surface.
$ $
A13
Plaza of the Fountains shall be cleaned one (1) per month, which includes removing and cleaning of petroleum product that seeps up on the plaza surface.
$ $
A14
Sasscer Park grounds (from Santa Ana Blvd to the west and Ross Street to the east) shall be cleaned twice (2) per month. This area requires OCTA training.
$ $
A15 Orange County Civil Courthouse grounds shall be cleaned (1) time per month. $ $
A16
All other Civic Center public right-of-ways, grounds, patios, building entrance (up to the building line) shall be cleaned one (1) time per quarter (every three (3) months).
$ $
A17
Santa Ana Stadium shall be cleaned (1) time per month.
a) Interior, inside of fencing: public right-of-ways, parking area, all hard surfaces around locker room building, and bleachers b) Exterior, outside of fencing: sidewalks and public right-of-ways $ $
TOTAL (LINES A1 – A17) $
SANTA ANA REGIONAL TRANSPORTATION CENTER UNIT
COST
ANNUAL
COST
Sweeping
B1 Outside lot #1 shall be swept (2) times per week. $ $ B2 Outside lot #2 shall be swept (2) times per week. $ $ B3 Parking structure shall be swept (2) times per week. $ $ B4 Roadways shall be swept (2) times per week. $ $
Power Washing, Pressure Washing, and Steam Cleaning
B5 Four levels of parking structure (all floors, ceiling, ledges, landings, walls, and pipes) shall be cleaned (1) time per year. $ $ B6 Pedestrian bridge over tracks shall be cleaned (1) time per year. $ $ B7 Walkway from main entrance to Sant Ana Blvd shall be cleaned (2) times per year. $ $
B8 Concrete drive area from fountain to flags shall be cleaned (2) times per year. $ $
B9 North esplanade shall be cleaned (2) times per year. $ $ B10 East esplanade shall be cleaned (2) times per year. $ $ B11
Northbound platform* shall be cleaned (2) times per year. This area requires SCRRA training and flagging services. B11 and B12 can be scheduled for service at the same time.
$ $
5,346.42
902.92
2,302.67
285.13
570.25
2139.25
3900
394,782
64,157
10,835
27,632
6843
6843
8557
46,800
215
160
325
200
22,360
16640
33800
20800
6235
2088
2088
2760
2760
4325
2760
6235
2088
5520
5520
8650
5520
4176
SANTA ANA REGIONAL TRANSPORTATION CENTER
, parking area, all
hard surfaces around locker room building, and bleachers outside of fencing: sidewalks and public right-of
TOTAL (LINES A1
shall be swept (2) times per week.
shall be swept (2) times per week.
shall be swept (2) times per week.
shall be swept (2) times per week.
, Pressure Washing, and Steam Cleaning
Four levels of parking structure (all floors, ceiling, ledges, landings, B12
Southbound platform shall be cleaned (2) times per year. This area requires SCRRA training and flagging services. B11 and B12 can be scheduled for service at the same time.
$ $
B13 Parking Structure - North & South stairways and elevator landing areas shall be cleaned (4) times per year. $ $
B14 Parking structure - 1st floor West entrance area leading to Greyhound area shall be cleaned (4) times per year. $ $ B15 Courtyard stairway and landing area to 2nd level shall be cleaned (4) times per year. $ $
B16 Walkways from courtyard to South driveway and trash area shall be cleaned (4) times per year. $ $
B17 Removeding services.
B18 East and West pedestrian bridge stairs and landing areas shall be cleaned (4) times per year. $ $
B19
Four entry archways (interiors and exteriors walls) shall be cleaned (4) times per year.
a) Santa Ana Blvd next to the tracks,
b) Santa Ana Blvd main entrance,
c) Santiago Street main entrance,
d) Near bus bay #1
$ $
B20 Bus bays #1 - #10 shall be cleaned (1) time per month. $ $ B21 Main entrance (fountain area) shall be cleaned (1) time per month. $ $ B22 Courtyard shall be cleaned (1) time per month. $ $
B23 South esplanade shall be cleaned (1) time per month. $ $ B24 West esplanade shall be cleaned (1) time per month. $ $ B25 Second floor exterior patio shall be cleaned (1) time per year. $ $ TOTAL (LINES B1 – B25) $
*There are no water hookups located on or near the North platform.
ON-CALL SERVICE REQUESTS UOM QTY TOTAL
C1 Hourly Rate HR 1 $
C2 OT Hourly Rate HR 1 $
C3 Saturday OT Hourly Rate HR 1 $
C4 Sunday and Holiday OT Hourly Rate HR 1 $
C5 Trip Fee/Truck Charge EA 1 $
4325
652.50
391.50
391.50
391.50
8650
2610
1566
1566
1566
522
652.50
391.50
261
174
217.50
217.58
650
2,088
2610
4698
3132
2088
2610
2611
650
167,754
150
200
200
250
250
Four entry archways (interiors and exteriors walls) shall be cleaned #10 shall be cleaned (1) time per month.
Main entrance (fountain area) shall be cleaned (1) time per month. shall be cleaned (1) time per month.
South esplanade shall be cleaned (1) time per month.
West esplanade shall be cleaned (1) time per month.
Second floor exterior patio shall be cleaned (1) time per year. no water hookups located on or near the North platform.
CALL SERVICE REQUESTS
EXHIBIT C
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 $2,000,000 per occurrence and $4,000,000 aggregate.
Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (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, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
Workers’ Compensation (WC): 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:
1. 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. CGL, AL, and WC 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 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: Erendida Reyes, 20 Civic Center Plaza, M-92, Santa Ana, CA 92701. The name and location of 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, Contractor 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.
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.