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HomeMy WebLinkAboutItem No. 12 Amend. No. 1City of Lake Elsinore 130 South Main Street __ Lake Elsinore, CA 92530 II www.lake - elsinore.org VV °"` IKo - Text File File Number: TMP 19 -792 Agenda Date: 6/9/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency Agenda Number: 12) File Type: Council Consent Calendar City of Lake Elsinore Page 1 Printed on 61412020 CITY OF ih41 4 LAKE LSIAO E L � DREAM EXTREME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared By: Catherine Eakins, Administrative Assistant Date: June 9, 2019 Subject: Amendment No. 1 to the Agreement with Service First Commercial Pools (dba Service First) for Splash Pad and Pool Maintenance Recommendation Approve Amendment No.1 to the Agreement with Service First Commercial Pools dba Service First for splash pad and pool maintenance services in an amount not to exceed $148,512 plus a 5% contingency adjustment for unforeseen expenditures and authorize the City Manager to execute Amendment No. 1 in such final form as approved by the City Attorney. Background The City awarded the contract for splash pad and pool maintenance services to Service First on July 1, 2019, for a 12 -month term with the option of three (3) 12 -month term extensions. The current scope of Service during summer months, which begins in April, included seven (7) days per week at Canyon Hills Community Park splash pad and Yarborough Park splash pad and Launch Pointe Recreation and RV Park splash pad and pool. Discussion Staff is satisfied with the services received from Services First, who offer expert knowledge of pool and splash pad services. Staff is requesting approval to extend the Service First Agreement for FY2020 -21 for an additional 12 -month term. Fiscal Impact Funds are available in the FY2020 -2021 Operating budget. Exhibits Service First — Exhibit A - Amendment No. 1 Agreement Service First — Exhibit B — Original Agreement AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES Service First Commercial Pool and Splash Pad Services This Amendment No. 1 to Agreement for Contractor Services ( "Amendment No. 1 ") is made and entered into as of July 1, 2020, by and between the City of Lake Elsinore, a municipal corporation ( "City), and Service First, ( "Contractor "). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of July 1, 2019 (the "Original Agreement "). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount not to exceed One Hundred Forty -Eight Thousand Five Hundred Twelve dollars ($148,512) per fiscal year for Pool and Splash Pad Services at Launch Pointe Pool and Spa, Launch Pointe Splash Pad, Yarborough Park Splash Pad, and Canyon Hill Splash Pad. C. The term of the Original Agreement was for twelve (12) months and allowed the City to extend the term on a 12 -month basis, not to exceed three (3) additional 12 -month renewals. D. The parties now desire to extend the term of the Agreement for FY20 -21 as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: the following: Section 2, subpart C, Term, of the Original Agreement is hereby amended to add Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 1 shall continue in full force and effect for twelve (12) months, commencing on July 1, 2020, and ending on June 30, 2021. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed two (2) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. [Signatures on next page] IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Original Agreement "CONTRACTOR" Service First, a California contractor By: Frank Vandenberg Its: President Date: .. : CONTRACTOR PROPOSAL [ATTACHED] EXHIBIT C ORIGINAL AGREEMENT [ATTACHED] EXHIBIT C DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 AGREEMENT FOR CONTRACTOR SERVICES Service First Commercial Pool and Splash Pad Services This Agreement for Contractor Services (the "Agreement ") is made and entered into as of July 1, 2019, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Service First, ( "Contractor "). RECITALS A. The City has determined that it requires the following services: Pool and Splash Pad maintenance services are needed at Launch Pointe, Yarborough Park and Canyon Hills Park. B. Contractor has submitted to City a proposal, dated 5/23/2019 attached hereto as Exhibit A ( "Contractor's Proposal ") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. Service First July 1, 2019 City of Lake Elsinore Page 1 DocuSign Envelope ID: AF9198F7- 4661- 46E3- 8FE4- 14609871D248 C. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of one (1) year, commencing on July 1, 2019 and ending on June 30, 2020. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed three (3) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed One Hundred Forty Eight Thousand Five Hundred Twelve dollars ($148,512) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty -five (45) days after receipt of the monthly invoice by City staff. 5. Reserved. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges Page 2 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive 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 that all subcontractors agree in writing that City is granted a nonexclusive 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 prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to 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 to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated Page 3 DocuSign Envelope ID: AF9198F7- 4661- 46E3- 8FE4- 14609871D248 representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in- interest. 9. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and /or employee contributions for PERS benefits. 11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) Page 4 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 13. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior Page 5 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. Page 6 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Service First Attn: Mr. Frank Vandenberg 2510 N. Grand Avenue, #110 Santa Ana, CA 92705 18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 19. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or Page 7 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 22. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 23. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement. 28. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid Page 8 DocuSign Envelope ID: AF9198F7- 4661- 46E3- 8FE4- 14609871D248 nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 29. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 30. 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. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non - payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 31. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 DocuSign Envelope ID: AF9198F7- 4661- 46E3- 8FE4- 14609871D248 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation DocuSigned by: °Y `;"City Manager ATTEST: DocuSigned by: fy4Clerk APPROVED AS TO FORM: DocuSigned by: Ar6r& (,u6a �506Eft?3?h46T Attachments: Exhibit A — Contractor's Proposal "CONTRACTOR" Service First, a Contractor DocuSigned by: 3873E762ran By: V Vandenberg Its: President Page 10 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID: AF9198F7- 4661- 46E3- 8FE4- 14609871D248 Service First Quotation Only 2510 N Grand Ave st 110 Office: (714} 573 -2253 Santa Ana Ca 92705 Fax: (714) 573 -2261 Contractors Lic. #556812 C -53 C- 611D -35 TO: City of Lake Elsinore - Public Works CUSTOMER ORDER NO. STARTED IFINISHED ADDRESS: 130 S Main St Lake Elsinore CA 92530 E OPEN C WARRANTY Cost code Department CONTACT: Chris Erickson Email: cerickson@lake- elsinore.org JOB NAME l LOCATION 419 Poe st - 34360 Canyon Hills- 32040 Riverside Dr PHONE: 951- 674 -3124 DATE 5/23/2019 Commercial Pool Service Launch Pointe Pool and Spa Commercial Splash Pad Service Launch Pointe Commecial Splash Pad Service 419 Poe St Commercial Splash Pad Service 34360 Canyon Hills Rd $892.501mo $39781mo $3527.501mo $39781mo vice to be performed seven (7) days per week in accordan chemicals included as well as filter cleans per pressure dii _.` Approval to start work: Name /Signature TITLE DocuSign Envelope ID: AF91981`7- 413131- 46E3- 8FE4- 14609871D248 Service ST EXHIBIT A SPECIFICATIONS TASKS PERFORMED AT EACH SCHEDULED VISIT PER BODY OF WATER 1. Vacuum the bottom surface of each pool. 2. Skim debris from surface of each pool. 3. Clean all water line tiles as necessary. 4. Brush sides of each pool to remove dirt and debris as needed. 5. Remove accumulated debris from all pool skimmers and drains. 6. Remove accumulated debris from all pump strainers. 7. Backwash pool filters as necessary to maintain proper pressure differential. 8. Refill all chemical feed equipment containers as necessary. 9. Maintain a clean and organized equipment room. 10. Check and record the following in the supplied commercial log book: a. Free chlorine b. pH level c. Flow rate d. Influent Pressure e. Effluent Pressure f. Pool Temperature g. Chemicals Added h. Services Performed 11. Check for safety hazards and conditions in and around the pool area. 2510 N. Grand Avenue, Suite 110 • Santa Ana, California 92705 • (714) 573 -2200 • FAX (714) 573 -2297 • License #556812 DocuSign Envelope ID: AF91981`7- 413131- 46E3- 8FE4- 14609871D248 Service .-_-- s EXHIBIT B SPECIFICATIONS TASKS PERFORMED AT EACH SCHEDULED VISIT PER BODY OF WATER 1. Check and adjust all automatic and manual water chemistry control systems. 2. Maintain and adjust all company owned equipment. 3. Maintain a proper residual of chemical stock on hand for all automatic and manual water chemistry control systems. 4. Place in use chlorine and pH neutralizer necessary to maintain the water balance in accordance with local and state health department codes and regulations regarding the sanitation of commercial pool and spas. 5. Maintain water levels in all bodies of water and adjust all automatic water level equipment. 6. Provide secondary containment for all chemical stocks in accordance with all local fire and safety codes. 7. Maintain pool records charts in accordance with local health authority quidelines. 8. Drain all pools and spas as necessary. 9. Check all pool equipment for proper operation. 10. Check pool area for obvious hazards. 11. Check pool and spa lighting for proper operation. END OF MONTH INSPECTION REPORT COMPLETED AT THE END OF EACH MONTH 12. Check and Record the following: a. Free Chlorine b. Total Chlorine c. Combined Chlorine d. pH level e. Total Alkalinity f. Calcium Hardness g. Total Dissolved Solids h. Phosphate Levels i. Temperature 2510 N. Grand Avenue, Suite 110 • Santa Ana, California 92705 • (714) 573 -2200 • FAX (714) 573 -2297 • License #556812 DocuSign Envelope ID: AF9198F7-4BB1 -46E3-8FE4-14609871 D248 13. Perform a site survey for all pools and spas to check and record the condition of the following: a. Check all required safety signage b. Check all required safety equipment c. Check for missing or damaged main drain covers d. Check for safety hazards in and around pool area e. Check for missing or damaged deck lids f. Check spa emergency shut off switch operation g. Check all pool circulation, filtration, and heating systems. h. Check all pool lighting and lighting GFCls for proper operation. i. Check all pool access gates and perimeter barriers DocuSign Envelope ID: AF9198F7-4BB1 -46E3-8FE4-14609871 D248 b%ervEce 6 �� lam! _ -• :. 75 1. Service is required 2• Provide chlorine and acid required to maintain as needed, 3. Maintain all equlpnwd at the optimal parameters: pumps, filters debris traps, time aioclws flow rates, GPM's and vault lighting. 4. Maintain operation of touch pad sensors 8. Maintain service chart, 6. Keep pump enclosure areas clean of trash dirt and debris. 7. Keep all splashpad components including the play surface free from calcium build up, any growth We algae, insects, etc 8. Remove all obstructions & debris from all dogged plumbing fixtures, pipes, etc. 1- Clean pumps) strainer basket (as nscmaary) 2. Clan debris trap (if applicable) 3. �lc/log PH, chlorine, total alkalinity, calcium harness, CYA (recalibrate necessary) 4. Backwash sand filters (as necessary) 8. Report any deficiency same day as noticed to City Engineer S. Report any graffiti same day as noticed to City Engineer 7. Clean any dirty nozzles both in ground and on elevated features. 3 2510 N. Grand Avenue, Suite 110 - Santa Ana, California 92705 - (714) 573 -2200 - FAX (714) 573 -2297 - License #556812 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 Service 'Now, !•- _�♦!. ,_ -::� ii! '.a ail "a � _� 1. Inspect chemical tubing. 2. Inspect play product solenoid valves. 3. Clean chemical Injectors. 4. inspect and dean flow meters (as necessary). S. Observe by pass valve opening and dosing before and after sequence a sequence. 6. Remove any calcium build up from above ground features. 7. Inspect all bag valves and unions for leaks (tighten unions as necessary). 8. Drain and dean holding tank (as necessary). 9. Record maintenance In service chart O erational Season: EWguired Work An a 1. Replace peristaltic pump tubing (as necessary). 2. Grease moving parts (as necessary). 3. Replace U.V. bulb. 4. Inspect all piping for wear. 5. Drain and dean chemical storage tanks. 6. Inspect pump filter lid O-ring (grease or replace if necessary). 7. Inspect chemical probes (replace as necessary). B. Check quantity of sand fitter (add sand as necessary). 9. Record Maintenance In servlm chart. 2510 N. Grand Avenue, Suite 110 • Santa Ana, California 92705 • (714) 573 -2200 • FAX (714) 573 -2297 • License #556812 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 �1 SERVICE FI IEANA 14coR0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 5/23/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: (A/CCC, N , Ext): (949) 553 -9800 FAX No): (949) 553 -0670 The Wooditch Company Insurance Services, Inc. 1 Park Plaza, Suite 400 Irvine, CA 92614 ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: United Specialty Insurance Co. 12537 INSURED INSURER B: $ 1,000,000 INSURER C: CLAIMS -MADE X OCCUR Service First INSURER D: LIG0019300 2510 North Grand Ave, Ste. 110 Santa Ana, CA 92705 INSURER E INSURER F: 100,000 $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD YYY POLICY EXP MM DD YYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X LIG0019300 8/1/2018 8/1/2019 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY _! PECOT- 1:1 LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Lake Elsinore Commercial Splash Pad and Pool and Spa Service. glaipwV City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers are included as Additional Insureds as respects General Liability per attached endorsement. This insurance shall apply as Primary and Non - Contributory per attached endorsement. Waiver of Subrogation for General Liability: See Attached Endorsement. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main Street Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: AF91981`7 413131- 46E3- 8FE4- 14609871D248 / 1 AFRO AGENCY POLICY NUMBER 'EE PAGE 1 CARRIER ;EE PAGE 1 ADDITIONAL REMARKS AGENCY CUSTOMER ID: SERVICE FI JEANA LOC #: 1 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 NAMED INSURED Service First 2510 North Grand Ave, Ste. 110 Santa Ana, CA 92705 NAIC CODE iEE P 1 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation *Except for 10 days notice of cancellation for non payment of premium. *Should this policy be cancelled before the expiration date, The Wooditch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 POLICY NUMBER: LIG0019300 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All locations. As required by written contract. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV — COMMERICAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, subparagraph c. Method of Sharing. The inclusion of one or more Insured(s) under the terms of this endorsement does not increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © ISO Properties, Inc., 2004 CG 20 37 04 13 ❑ DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 POLICY NUMBER: LIG0019300 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any Location As required by written contract. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV — COMMERICAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, subparagraph c. Method of Sharing. The inclusion of one or more Insured(s) under the terms of this endorsement does not increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 Policy No.: LIG0019300 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 19:1R24k, 19191**14ivil=1► III ire]: /_V Eel *29:1 1011[WM »=F_I.*IA 0 =F_1971Iref_1:74111114WA PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek 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 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 POLICY NUMBER: LIG0019300 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As Required by Written Contract Information required to complete the Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 / ACCOR " CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 5/23/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: GIGA Solutions, Inc. PHONE FAX 101 Plaza Real South A/C No Ext : 888 -581 -0807 A/C No): 954- 252 -4426 ADDRESS: certs@gigasolves.com Ste 201 INSURER(S) AFFORDING COVERAGE NAIC # Boca Raton FL 33432 INSURERA: STATE NATL INS CO INC 12831 INSURED INSURER B : Service First DAMAGE TO 2510 North Grand Ave INSURER C: INSURER D Santa Ana CA 92705 INSURER E: INSURER F: $ COVERAGES CERTIFICATE NUMBER: 2005996630 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM /DDIYYYY POLICY EXP MM /DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO CLAIMS -MADE 1:1 OCCUR PREMISES ( a oNcur ence ) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- JECT ❑ LOC PRODUCTS - COMP /OP AGG $ $ OTHER: AUTOMOBILE LIABILITY (CEO, SINGLE LIMIT Ea ident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y AMX- 082 - 0021 -002 10/1/2018 10/1/2019 X PER OTH- STATUTE ER ANYPROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Waiver of Subrogation in favor of City of Lake Elsinore its elected or appointed officers, officials, employees or agents as respects Workers Compensation (Per attached form WC 00 03 13) as required by contract subject to the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Lake Elsinore 130 South Main Street AUTHORIZED REPRESENTATIVE Lake Elsinore CA 92530 ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 124 (4 -84) WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement, effective on 10/01/2018 at 12:01 A. M. standard time forms a part of DATE Policy No. AMX- 082 - 0021 -002 of the Issued to Employers Resource Service First dba: Heritage Construction Premium $ STATE NATIONAL INSURANCE COMPANY NAME OF INSURANCE COMPANY Authorized Representative 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. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Waiver of Subrogation in favor of City of Lake Elsinore, its elected or appointed officers, officials, employees or agents as required by contract WC 124 (4 -84) WC 00 03 13 Copyright 1983 National Council on Compensation Insurance Page 1 of 1 DocuSign Envelope ID: AF91981`7- 413131- 46E3- 8FE4- 14609871D248 12R R CERTIFICATE OF LIABILITY INSURANCE 052r20 THIS CERTIFICATE IS ISSUED AS A MATTER 01= INFORMATION ONLY ANQ CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXT>wNU OR ALTER THE COVERAGE AFFORDED BY THE POLIO €E3 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONVnTUTC A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESEKTATIVE OR PRODUCER, AND THE CERTIFICATE HOL17EIi. IwORTAF17= if tha owtificato holder is an ADDITIONAL INSURED, the policy(ies] must Ue entlomari. If SUBROGATION IS WAIVED, snblect to the terms aria Gprt4 ikons of the policy, certain pollcles may require an endot°_.ament. A staternent on thEs cant €iicate doss not confer rights to the cortifkaw% hoWer in lieu of such erldorsmnent{ L PRODUCER STATE FARM MUTUAL INSURANCE COMPANY SfateFaFm 1370 BREA SLVO GTE. 150 FULLERTON, GA 92835 INStIaea SERVICE F1—RSF OONTRAE -TOR'$ N—i DBA. SERVICE FIRST 2510 N- GRAND AVENUE SUITE 110 SANTA ANA, CA 92705 JOEY MONTWMERY 91:714- 525 -7001 JOEY @JOEYMONTOMERY,COM INSURER A Sate F$mt htLrtu�l Pu,ILpmobile Insuranoe iNSURER. 13: INSURM C - 1bjSURrR D: Iu54R8R E ; IrJ%IJRFR F C0VEFtA[-�Eti CERTIFICATE NIImIf3ER' REVISION NUMBER- 714-526-OW 25178 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LLSTED BELOW HAVE 8EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANVING ANY RECIVREMENT, TERN! OR OONDMON OF ANY CONTRACT OR OTI -Irtk UQCUMI NT WITH RESPECT TO 1NItIch TIHI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE F0=1 5S Dr=80#I9E0 HEREIN IS SU8JEGT TO ALL THE T£FLMS. EXCLUSIONS AND CONDITIONS OF SUCK POLFCIfB, LIMITS SHOVW MAY "AVE BEEN REOVCEI} I3Y PAID CIAWZ. �7R TYPE OF MURANCE 4 Poi -ICY NUMaER � EPF f W W YY LIMITS COMMERCIAL 1iENERALLIAUPUTr CLAIW -MADE O=R EACHOCOLA F14" S rF- PRF�iLS Esaaaut*n&-- S rrED9XP ale S PEWMAL&AOYINJURY S CAMAdGREi &TE LIMIT APPLE&PM POLICY E JJEECOT 1-1 LAC OTHER. CENIERALAqMZEGATE S PF CTS- CONP10PAGG $ S A Al"0MDBJLE LtABILJTT 7. AHYAU70 ALL C V ED w„-CHEDULEb HIREOALITOS Ji - CMAIEO rx panes ALJTOs 133 3423 -F -75 05f22IM19 06M7rhM COMOMED SINGLE LIMI 3 7,000.1504 BODILY iWMY(Pwpwsar� S BOOILY IKAIRY P& AaddNdi S PRO deciE DAMAGE 8 — 8 UMBf�A L LAIR � - UAII OCCLIE2 CLAIM°&MADE EACH- OOCtRREMCE S A.CaGRFGATE S OEd RM: XI -10NS S WORKERS tOX115E4SATION AND FMPLOYERS'LJ'AUILfr7 TfH ANY PR4PRiL7CPjRARTNERIE%ECUTIVE ❑ 0FFDMR1 1EId9ER E%CLUDLd'7 (UandeinrxieFJRj V L g"- jr1jQF dI�nONOPOPERATIONSbdvw N VA H- STATURE ER E-L EAGiiACCIDENT S ELol - EAELPLO`1 $ LL. DISEASE- POLICY LIMY I A I n9SMPMN OF OPERATION S 1 LOCATIONS I VEHICLES 4ACORD fOf, A4Wdw al Remade• Schedule, mop be ada6hed N more apa" le racj„ I„ r¢I CERTIFICATE HOLOFR CANCELLATION CITY OF LAKE EL INORE 130 SOUTH MAIN STREET LAKE E LS] NORE, CA 92530 ACORD 25 (2014ial) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE GANCEL1 Ell: FORE THE EXPIRATION DATE THEREOF, NOTICE %ALL BE DEUVERE4 IN ACCORDAHCEwrrH THE P'OUCY PROM S ION S- JxuTHJSr"o PR ENTJSTILfE { I 1"8-2014 ACORD CORPORATION. All rights reserved. The ACC RD name and logo are registered marks of ACORD 10014$6 1$2$49 -O 02-04-20114 DocuSign Envelope ID: AF9198F7- 4BB1- 46E3- 8FE4- 14609871D248 BUSINESS LICENSE This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Business Name: SERVICE FIRST Business Location: 2510 N GRAND AVE STE 110 SANTA ANA, CA 92705 -8752 Owner Name(s): FRANK VANDENBERG SERVICE FIRST 2510 N GRAND AVE STE 110 SANTA ANA, CA 92705 -8752 CITY OF LAKE ELSINORE Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674 -3124 BUSINESS LICENSE NO. 023910 Business Type: GENERAL BUILDER CONTRACTOR Issue Date: 5/30/2019 Expiration Date: 5/31/2020 TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE