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HomeMy WebLinkAboutContract_StreetSweeping_ValleyVistaServices(2020).pdfMAINTENANCE SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 16, 2020 by and between the City of Diamond Bar, a municipal corporation ("City") and Valley Vista Services, Inc. ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the Street Sweeping services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Jorge Garcia, Street Maintenance Superintendent (herein referred to as the "City's Project Manager"), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2020, and shall continue until June 30, 2025 ("Term"), unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for an additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Any increase in compensation will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any exercise of an option to extend the Term and/or increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed two hundred two thousand two hundred ninety-six dollars and ten cents ($202,296.10) without 14508231 1 of 74 the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between this Agreement and the attached exhibits, the following order of precedence shall apply: (a) This Agreement; (b) The City's Request for Proposal, dated February 4, 2020; and (c) Contactor's Proposal dated March 5, 2020. 7. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency or the Public Employee Retirement System regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor or its employees, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. 14508231 2of74 C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor's failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's contractor's employees arising out of Contractor's work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third -party indemnification rights of any kind. 10. Insurance. 1450823 1 3of74 A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $2,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VI 1. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self -insured retention ("SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. 1450823 1 4 of 74 Should City pay the SIR or deductible on Contractor's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall 1450823 1 5 of 74 avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 1450823 1 6 of 74 17. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 19 Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 20. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 21. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 22. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 1450823.1 7of74 23. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 24. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONTRACTOR" Valley Vista Services, Inc. 17445 E Railroad Street City of Industry, CA 91748 Attn.: David Perez Phone: 626.855-5555 E-Mail: DavidPerez@zerepmanagement.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: Jorge Garcia Phone: 909.839.7046 E-mail: JGarcia@Diamond BarCA.Gov 25. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 26. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 27. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. 1450823 1 8of74 "Contractor" VALLEY VISTA SERVICES, INC. By: Zv�2o Z.o Printed Name: o avr11 ��g� Title: P/2 o --ter' By; s z&za zo Printed Name: D u tb Title: *- Approved as to form: By: David DeBerry, City Attorney "City" CITY OF DIAMOND BAR By: Steve Tye Mayor ATTEST: Kristina Santana, City Clerk State of California "CONTRACTOR'S" License No. NA. CONTRACTOR'S Business Phone 626.855.5555 Emergency Phone 626.945.0027 at which CONTRACTOR can be reached at any time. 1450823 1 9 of 74 *NOTE: If Contractor is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 1450823.1 10 of 74 Proposal for Street Sweeping Services E City of Diamond Bar Valley Vista Services, Inc. 17445 E. Railroad Street City of Industry, CA. 91748 Valley Vista Services Waste Disposal and Recycling Divi,Yion March 5, 2020 Proposal for Street Sweeping Services City of Diamond Bar Submittal Date: March 5, 2020 Submitted By: Valley Vista Services, 12 of 74 11 of 74 March 5, 2020 City of Diamond Bar Department of Public Works 21825 Copley Drive Diamond Bar, CA 91765 Valley Vista Services, Inc. (VVS) is pleased to present the following proposal for Street Sweeping Services for the City of Diamond Bar. VVS is a medium sized company; financially sound fully capable of meeting the requirements of this RFP. We openly invite city staff to visit our offices in the City of Industry to view the quality and efficiency of operation we promise the community of Diamond Bar. VVS stands uniquely ready to service the City of Diamond Bar. If chosen, VVS will take any and all actions necessary to ensure a smooth transition. VVS has authorized Mr. David M. Perez, Vice President of VVS, as the responsible individual for this proposal and contract if awarded. Mr. Perez can be reached at (626) 855-5555 and at our corporate address stated above. Sincerely, David Perez President Proposal for Street Opservices City of Diamond Bar Submittal Date: March 5, 2020 Submitted By: Valley Vista Services. 13 of 74 Corporate Statements 1) This RFP shall be incorporated in its entirety as a part of the Contractor's proposal and price quote. 2) VVS hereby accepts the terms of the Agreement (Appendix `B") 3) Statement from insurance agency offering acceptance of all the conditions and requirements supplied — Exhibit A 4) The services to be provided, and fees therein, will be in accordance with the City's RFP 5) "Exceptions to the City's Request for Proposal" — Exhibit B 6) VVS shall adhere to all federal laws and regulations, state laws and local ordinances and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to. 7) VVS shall allow all authorized federal, state, county, and the City of Diamond Bar officials access to place of work; books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to the provision of the services. All relevant records shall be retained for at least five (5) years. 8) VVS will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. 9) VVS shall comply with the California Labor Code. 10) WS shall comply with the Copeland Anti -kickback Act (18 USC 874C) and the implementation regulation (29CFR 3) issued pursuant thereto, and any amendments thereof. 11) V VS shall follow the established daily working hours and bi-weekly street sweeping schedule (Appendix "C"). Proposal for Street Sweeping Services City of Diamond Bar Submittal Date: March 5, 2020 Submitted By: Valley Vista Services, 14 of 74 Statement of Qualifications Work Histor VVS has provided right of way clean up and street sweeping services for the past 45 years. Beginning with our work in the City of Industry we have been able to provide mechanical broom as well as vacuum power sweeping to several municipalities throughout the valley. Within the last ten years we have been awarded contracts and extensions in La Puente, Walnut, and provided interim sweeping for the City of South El Monte. Our goal is to provide the highest quality of service while working closely with staff and law enforcement to minimize constituent's issues or complaints. Kee, Personnel David M. Perez - Vice President Operations David is a graduate of Don Bosco Technical Institute in Rosemead, California. David was recently tasked with the development and construction oversight of our new waste transfer and recycling station which commenced operations June 18, 2001. David is also in charge of business development and acts as the company's liaison with its entire contract cities. Jesse Quintana - Controller Mr. Quintana has over 25 years of accounting experience. He has a BA Degree in Accounting form Cal State Fullerton and MBA from Pepperdine University. Mr. Quintana has worked for fortune 100 companies such as Northrop, Rockwell International, Emerson Electric and Crane Co. He possesses 15 years of experience in the waste management industry working for such companies as Consolidated Disposal, Republic Industries, and Calmet Services. In each of these positions Mr. Quintana has held the position of either CFO or Controller and has been extensively involved in all aspects of administration and financial management. Susan Silvestri - Customer Service Supervisor/Office Manger Ms. Silvestri brings over 15 years experience in the customer service and office management profession to VVS. Ms. Silvesti has expertise in the solid waste management Industry, having managed a customer service department for a well -established solid waste firm in Los Angeles County for the last seven (10) years. Rodolfo Fernandez — Operations Manager Mr. Fernandez has been in the waste management industry for the past 20 years. During that time he operated and managed sweeping services for a large Orange County firm. He joined VVS two years ago and has brought that expertise as well as his organizational skills to our firm. Proposal for Street Sweeping Services 4 Submittal Date: March 5, 2020 City of Diamond Bar Submitted By: Valley Vista Services. 15 of 74 Henry Rodriguez — Route Supervisor Mr. Rodriguez has been overseeing our Diamond Bar routes since 2005'. He has an excellent knowledge of the area and of the expected performance of our crews and their tasks. He is very adept at scheduling, routing, and insuring that any issue is followed through to a satisfactory resolution. If awarded the contract Mr. Rodriguez will be the daily point of contact for City staff and has direct communication with our sweeper drivers for immediate feedback. Augie Landino - Maintenance Shop Manager Mr. Landino began his career with VVS in 1968, when the company was relatively small. Before joining the company, he brought with him a varied background of experience. Starting as a welder in the equipment shop, he made the transition to full time mechanic when the Company's growth started taking off. As the shops' manpower requirements increased, Augie assumed the position of foreman, and is currently the shop maintenance supervisor. ui menl VVS will be using Tyrnco Model 600 Regenerative Air Siveeper(s). See Exhibit "C" for more detailed specs on the sweeper. Our sweepers are maintained on our corporate yard located at 1037 South Hatcher Avenue in the City of Industry. All major and minor equipment repairs are done onsite with our professional trained staff of 20 mechanics. Our vehicle maintenance shop is state of the art facility has been designed to make vehicle repair and maintenance easy and efficient. All bays have overhead reels for fluids, air, and electricity. Everything a mechanic needs is at his or her fingertips. The shop features a 75,000-pound capacity drive -on lift so that mechanics can service components under vehicles with ease and comfort. Our shop has a separate, secured parts inventory area with over $300,000 worth of inventory. Our extensive inventory insures our clients that the fleet servicing their community is meticulously maintained, guaranteeing uninterrupted service. Financial Respo►asl6ilitw Valley Vista Service will provide at our corporate office for review, 3 years of audited financial statements which will demonstrate the company's ability to provide adequate financial resources to perform the services required by the contract specifications. Proposal for Street Sweeping Services 5 Submittal Date: March 5, 2020 City of Diamond Bar Submitted By: Valley Vista Services. 16 of 74 VVS is a family owned and operated California Corporation. Founded in 1957, VVS has offered residential, commercial and Industrial services for 60 years. VVS is a wholly owned subsidiary of Zerep Management Corporation. Zerep Management Corporation is owned by Judie and David Perez. These individuals own 50% each of the corporation. Proposal for Street Sweeping Services City of Diamond Bar Submittal Date: March 5, 2020 Submitted By: Valley Vista Services. 17 of 74 Appendix A-1 PROPOSALFORM STREET SWEEPING SERVICES The undersigned as Contractor declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Specifications and read the accompanying instructions to Contractors, and hereby proposes and agrees, if the proposal is accepted, to furnish all materials and do all work required by Specifications and Agreement. Name of Company: Vallev Vista Services. Inc. Address: 17445 E Railroad Street, City of Industry,CA 97148 Phone/fax: (626) 855-5555 (626) 581-7615 fax Contact Person: David Perez Years in business: 65 Emergency Aker Hours Contact Name: Rodolfo Fernandez Emergency Phone Number: (626) 945-0027 The undersigned Contractor further understands that the City of Diamond Bar reserves the right to award all or any part of this contract without any obligation to the City. The City also reserves the right to waive any informality in proposals. Name of Contractor Val By: (Signatur§V Dated: 18 of 74 Appendix A-2 PROPOSALFORM STREET SWEEPING SERVICES Item 1: Street Sweeping Rates Contract pricing for years one (1) through five (5) must be firm, fixed pricing. Pricing for subsequent contract renewals will be limited to the Consumer Price Index (CPI) for Any such proposed price adjustment and shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angeles -Riverside -Orange County, CA. All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (March -March comparison). The Contractor shall submit its request in writing, to be received by the City in person or via certified mail a minimum of 60 days prior to the proposed adjustment date. Pricing Per Curb Mile Price Arterials $ 17.40 Alleys $ 17.40 _ Collector/Residential $ 17.40 Center Medians ! $ 17.40 Painted Medians/2-Way $ 17.40 Left Turn Lanes Total Annual Cost: Estimated Annual Annual Cost Miles Years 1-5 1,271.00 $ 22,115.40 31.00 $ 539.40 8,633.50 $ 150,222.90 930.00 $ 16,182.00 186.00 $ 3,236.40 $ 192,296.10 In the event any new streets are added within the City of Diamond Bar, the charge for each additional curb -mile swept shall be: $ 17.40 Per Curb -mile Item 2: Composting Program (optional) Pricing Estimated Annual Tonnaae Composting Program Facility Proposed: _Grand Central Recycling & 350 Transfer Facility Location. City of Industry Diversion %: 96% 1 Transportation Disposal Total Costs Per Ton Cost Per Cost Ton N/A $15.00 $5,250 f 1 19 of 74 Appendix A-3 Work History Qualification STREET SWEEPING SERVICES a. Work History: In order to determine the eligibility of the Contractors, please list other public entities for whom the Contractor has performed similar work, including date and length of contracts, names, addresses, and telephone numbers. Existing services will be subject to inspection by the City. (Use attached sheet if needed). City/Public Agency Contract Term (years of service) Reference Name: Address Telephone Number City of La Puente 18 John Di Marlo 15900 E Mai (626)855-1517 City of Walnut City of Industry 9 Alicia Jensen Troy Helling 21707 Valley (909)598-5605 30 15652 Staffor i (626)333-2211 2 20 of 74 Appendix A-4 EQUIPMENT INVENTORY STREET SWEEPING SERVICES The Contractor shall set forth in the form below: 1. List all equipment items that the Contractor will use to provide the described services. Equipment should be listed regardless of whether the Contractor owns the equipment; intends to purchase, lease, or rent the equipment; or will subcontract the services requiring said equipment. 2. A complete description of the GPS system utilized by the Contractor including system capabilities and computer requirements. The information provided in this attachment is for the purposes of determining the Contractor's commitment, and preparedness to perform the Scope of Services and assuring that the Contractor's proposal is reasonable and complete. Nothing in this attachment shall in any way be construed to remove, lessen, or relieve the Contractor from any responsibility prescribed by the Contract. Contractor may attach additional pages, if needed. Label any such pages "Contractor's Equipment —Additional Information." scriptiar� it— l.i conse Maka�1M G ; Fuel Type Primary or Backup 10 by • .11 . `0••ROM 3 21 of 74 Appendix A-5 Description of GPS System — Capabilities and Computer Requirements Valley Vista_ Services will be using _'Telet(ar,Fleet Director" GUt[ackil3as enL_. and software. This provides our driver with mapping and tracking to ensure that all streets are swept with no misses as well as providing our dispatch and route supervisors the abliiity to track vehicles real time and provide accurate reporting of swept miles, speed, and hours spent. The application is web based allowing City personnel access from Most any computer or hand helddevice to view real time tracKing. Please see a ac ed 4 22 of 74 Appendix A-6 Work Plan STREET SWEEPING SERVICES Please use this space to describe the work steps to be taken and timing and how the contract would be transitioned (if selected). Additional sheets may be attached, please make sure to label each page. 23 of 74 Appendix A-7 Acknowledgement Form STREET SWEEPING SERVICES The undersigned who submits herewith to the City of Diamond Bar a proposal does herby certify that: a. This RFP shall be incorporated in its entirety as a part of the Contractor's proposal and price quote. b. The firm accepts the terms of the Agreement (Appendix "B"). c. The insurance agency offering acceptance of all the conditions and requirements listed for insurance and that proof of these insurance requirements can be met and will be provided within ten (10) days of award of contract. d. Services to be provided, and fees therein, will be in accordance with the City's RFP. e. Contractor shall adhere to all federal laws and regulations, state laws and local ordinances and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to. f. Contractor shall allow all authorized federal, state, county, and the City of Diamond Bar officials access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to the provision of the services. All relevant records shall be retained for at least five (5) years. g. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. h. Contractor shall comply with the California Labor Code. i. Contractor shall comply with the Copeland Anti -kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof. j. Contractor shall follow the established daily working hours and bi-weekly Street sweeping schedule (Appendix "C"). For the months of January and December street sweeping is done on a weekly basis. k. The Contractor's work schedule shall reflect the various maintenance activities necessary to provide Street Sweeping Services and other related services over a one-year period which shall be coordinated with the City's trash pick-up and tree watering activities. I certify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed on— March 05, 2020 (Date) at Indust (I cation), California. By: David Perez /President Print Name/Title Siang No 24 of 74 25 of 74 n � �•, �•,H I! Iv 11111,5 47te/etoc 4 ¢d . 01:02 U2rt2112 �". � ?�' Y• r � �»±err` ,i Fleet Tracking and More! If You Manage a Fleet, Fleet Director is the Software Platform of Choice. Tracking over 200,000 vehicles, our solutions work across all major industrles including trucking, HVAC, construction, energy & mining, lawn & garden, transportation and service. Our customers represent a cross section of some of the most efficiently run fleets operating today! More than 20,000 of the best fleets choose Teletrac"" ail�lc,-;' hMl ISVZV s�2a� 'i v.I.I,r.,,.n.n ,� wa,Ffrsl3aurce 26 of 74 Fteet Director Get UPS Tracking and Advanced Mapping for Greater Productivity An award -winning, browser -based solution, Fleet Director works intuitively from the start, Dispatchers and drivers gain unique freedom to view real-time maps, driver Information and operational status — all integrated in easy -to -use Interactive screens, which can be customi4ed on the fly, Additionally, Fleet Director Connect lets you seamlessly integrate with existing third party applications such as McLeod Software, TMW Systems, Roadnet Technologies, Jonel, SpeedGauge and many others. a " U a Fleet tracking oan be visualized In multiple vlewe simultaneously. New! Fleet Director Tablet Get The Latest in Highly - Functional In -Cab Displays Available In 5" and 7" versions, the vibrantly colored Fleet Director Tablet provides the driver turn -by -turn navigation, two-way messaging, driver alerts and fully -functional Hours of Service (HOS) record -keeping and compliance, Q fPlerfdC y AAK"_ AWL, Operational screens are Intuitive and easy to use. Fleet Dlreotor Tablet Is vibrant and easy to use. UAD 091e91IZ ry++ fa I i 1 r sv On -board navigation delivers routes fester. 27 of 74 New! Business Intelligence Platform Get Custom Reporting, Charting and Business Intelligence Time is money. Simply "drag and drop" the data that you want In your report from a list of metrics, and generate a custom report in a flash. Easily generate multiple chart types against your data and Include multiple accounts linked together, viewing your entire organization on one screen. altlNVd ® 1, 4 - NI 7; Reports Drag -and -drop functionality allows for the easy creation of powerful reports and charting. New! Safety Analytics Get Driver Safety Dashboards and Event Replay of Unsafe Driving Events Safety Analytics monitors safety -related activity and presents it in a dashboard showing best and worst drivers In the fleet. Dangerous behaviors can be visualized In map view and individual incidents can be "played back" just as they happened In real time. a lenxsr I P . '1 • 11 Safety analytica dashboards show safety performance and worst drivers, New! Hours of Service is Even Easier with Fleet Director Tablet Get Hours of Service and eLogs Eliminating time-consuming and error -prone manual logbook entries, Fleet Director 9 now makes Hours of Service (HOS) compliance even easier with the Fleet Director Tablet - streamlining the process of entering, recording, completing and storing all required Information for drivers' logbooks — right from the cab, together with navigational features - meeting federal guidelines for tracking and providing HOS and eLogs information. Play back actual Incidents as they happened for driver training. HOS reporting has never been easier. 28 of 74 "Teletrac® has been our telematics partner for more than 7 years and was selected based on the Fleet Director solution set, services and product roadmaps With Teletrac® telematics, assets are protected 24/7/365 and you get all the data necessary to effectively manage your fleet." Ryder System, Inc. Trinity Armored Security "With high liability trucks, It is imperative for us to keep close tabs on them at all times. Teletrac's GPS allows us to track each vehicle, from the time it leaves our facility to pick up to drop off, This has helped us obtain several new contracts." — Trinity Armored Security 1'SM;:C 1'1GV � s k•�4axrlkl'�17liny f}�. "We've been hauling mail exclusively for the U S, Postal Service for more than 25 years. A USPS mandate required GPS on all carrier trucks within 60 days to get compliant We had GPS on our trucks before with little success. We selected Teletrac® because they were endorsed by the Postal Service and had been in business a long time Their commitment, service and support Is unbelievable Teletrac® saved our business by getting us compliant quickly!" — Bancroft and Sons Transportation "With Fleet Director's routing capabilities, our trucks now arrive on time, improving our customer relationships Plus, the reporting capabilities provide an excellent source of documentation and record keeping." — Friesenhahn Plumbing "Our core business Is train derailments, And, we must provide a one -hour response time. With over 200 pieces of highly specialized vehicles in our fleet, we have no backups. Fleet Director vehicle diagnostics gives us the data, analysis and alerts to pro- actively maintain our fleet, virtually eliminating breakdowns in the field," — Cranemasters "In the past, we had a huge problem with theft, With Teletrac's alerts and ignition on/off monitoring, we no longer have to worry, We can quickly located a stolen truck, shut it down, and retrieve it." — Brothers Produce 29 of 74 Work Plan Appendix A-6 VVS has been involved in several transitions to date and would be eager to begin work in Diamond Bar. Our staff is already familiar with the City and has in fact provided commercial refuse and recycling collection for over twenty years. If awarded the street sweeping contract we would work with staff and the City's current residential refuse collector to ensure that the sweeping schedule was optimized for sweeping to occur the following day of refuse collection. Our drivers would begin traveling all city streets to familiarize themselves with all details of the routes. Special sensitivity would be given to School zones and major traffic areas to ensure proper timing of sweeping services. Contact would be made with Walnut Valley Water to make arrangements for procuring water and metering at specified locations. Any adjustments to mapping or scheduling would be completed (if necessary) with City Staff s approval to allow for proper posting and notification to take place. Equipment and signage would be made ready for the July 1, 2020 start date. Outreach and notification of services as well as Customer Service phone number would be circulated through City approved media services. Proposal for Street Sweeping Services 7 Submittal Date: March 5, 2020 City of Diamond Bar Submitted By: Valley Vista Services. 30 of 74 Reference Sheet City of Industry Contact: Troy Helling — City Manager 15651 E Stafford Street City of Industry, CA 91744 thelfin a cit ofndustr .or Voice (626) 333-2211 City of Walnut Contact: Ms. Alicia Jensen 21201 La Puente Rd. Walnut, CA 91789-2018 aiensen a cityofwafnittorg, Voice (909) 595-7543 Fax (626) 961-6795 Fax (909) 909-595-6095 City of La Puente Contact: Mr. John Di Mario — Public Works Director 15900 E. Main Street La Puente, Ca, 91744-4719 i d i ma ri oOl I a pue nte. org Voice (626) 855-1500 Fax (626) 961-4626 Proposal for Street Sweeping Services City of Diamond Bar Submittal Date: March 5, 2020 Submitted By: Valley Vista Services. 31 of 74 w Form Request for Taxpayer Give Form to the Identification Number and Certification requester. Do not (Rev. October 2018) Departmenlol the Treasury send to the IRS. Interval Revenue Service ► Go to www.irs.gov/FormW9 for Instructions and the latest information. t Name (as shown on your Income tax raturn). Nerve Is required on this line; do not leave this lino blank, Valle Vista Services Inc 2 Bus [no" namoldlerogardad entity name, if different from above M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes, certain entities, not Individuals; see Instructions on page 3): 5 C ElIndividual/sole proprietor or [aC Corporation [IS Corporation El Partnership ElTrust/estate o c single -member LLC Exempt payee code (if any) ❑ United liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnershlp) ► `o Note: Check the appropriate box in the line above for the lax classification of the slnvie-menlberownor. Oo not check Exemption from FATCA reporting 'e C 'C LLC If the LLC Is classified as a single-mambor LLC that Is d1wagardad tram Iho Rwrwr unless tha owner of th9 LLC is federal LLC code (if any) — 4 uu another LLC that Is not disregarded from the owner for U.S. tax purposes. Olharwlse, a s4la-member that 13 dle"arded from the owner should check the approprlate box for the tax claasIReal Ion of Its owner. yOther Our instructions) ► oppeos ro p"oums m.miao-wd oumrda a,p u,s.! a N 5 Address (number, street, and apt. or sulto M.) Sao instructions. Requester's name and address (opllonall 17445 E Railroad Street 6 City, state, and ZIP code Ci (V of Indust r CA 91748 7 List account numbar(s) here tepHonal) IMM Taxpayer €dent€fication Number TIN Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - m v entities. it is vour emDlover Identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account Is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification nurn bar Number To Give the Requester for guidelines on whose number to enter. 9 5- 4 1 4 1 6 1 0 1 1 1 8 1 1 Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions, You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured pro o ty, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are nallqaired to sign the certification, but you must provide your correct TIN. See the Instructions for Part 11, later. Sign signature of Here U.S. person ► Date ► '4-44mpi,-C3 General Instructions • Form 1099-DIV (dividends, including those from stocks or mutual funds) Section references are to the Internal Reve Le 2albout a unless otherwise noted. Future developments. For the latest infer developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns Include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Cat, No. 10231X • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (Including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Form W-9 (Rev. 10-2018) 32 of 74 City of Diamond Bar Residential Street Sweeping Days & Times Mon -Zone 1 Tue-Zone 2 Wed -Zone 3 Thu -Zone 4 N W-03 of 74 9 Appendix -C 0 0.5 1 Miles Legend Day Monday Tuesday Wednesday Thursday Friday LycmilnL 91 Sown ` fbnh hIFb1M �cF:ul �o amand Bur Dt W, b olP M vt'4nrta! �n MA" 9r hrgl J1 n e11[ L' "..• Fj drun[ry Arl o•Sr 5 r a w L 4 a' i y�ln4liti°� a� P '4101rn v �pr,•rrrY Rd m z 11ecd�,NAm w rnok..nwrn rr� r 4 tin ROCS, w, F"JW) q � � p S 0 z� a 0 ,,,y Rd Arterial/Collector Streets g Brea Canyon Road Brea Canyon Cutoff Chino Avenue Chino Hills Parkway Copley Drive Diamond Bar Boulevard Gateway Center Drive Grand Avenue Golden Springs Drive Lemon Avenue Pathfinder Road Temple Avenue/Avenida Rancheros Valley Vista Drive Walnut Drive N W E S C I T Y 0 Addftftfbdm� 0.5 1 2 DIAMOND BAR L P 1Mlles C A L I F 0 R N I A nep nrialriet repro uae or nln w ws poor MAWI con nnI Cop^h[ 2019: City of Diamond Bar Map CI CFINI. 070102(119 35 of 74 CITY OF DIAMOND BAR Request for Proposals and Specifications STREET SWEEPING SERVICES Deadline: 5:00 P.M. February 17, 2020 36 of 74 I. INTRODUCTION: The City's contract with its current street sweeping services provider, has been in place since July of 2017.The purpose of this Request for Proposals ("RFP") is to select a qualified, and responsive firm to provide the street sweeping services to the City of Diamond Bar. The City of Diamond Bar ("City") is inviting qualified contractors to submit proposals for Street Sweeping Services for a term of five (5) years commencing July 1, 2020, with the option to extend the terms, at the City's sole discretion, up to two (2) additional one (1) year extensions, upon successful demonstration of exemplary contract performance. The City of Diamond Bar street sweeping services is divided into five service areas of the City swept Monday through Friday on a bi-weekly basis. There are approximate 356 total curb miles in the City. Each of the five areas is divided into two zones with morning and afternoon sweep times. Additionally, there are weekly sweeping during the months of December and January to collect the increase of debris. II. PROPOSAL SUBMISSION INSTRUCTIONS A. Schedule Post RFP: February 5, 2020 Questions Due Date: February 26, 2020 by 4pm Addendum Issued: March 2, 2020 Proposal Due Date: March 5, 2020 by 5:00pm Tentative Award Date: June 16, 2020 All proposals must be submitted via the City's secure online bidding system (PlanetBids) by: Thursday, March 5, 2020 no later than 5:00pm. B. Inquiries The City of Diamond Bar utilizes PlanetBids, a fully automated web -based vendor and bid management system. The system simplifies engaging in business activity with the City by providing a searchable online database of current bid opportunities in an easy to use, secure and reliable environment. Vendors will find that the key features and benefits of Bids Online include the ability to: • View solicitations including documents, addenda, drawings, bid results, and contract awards online. • Register as a vendor and manage your profile online. • Receive automatic e-mail notification of bid opportunities based on category code selections made during registration. • Download documents at no charge (requires registration) resulting in inclusion on the "Prospective Bidders" list for the project. 2 37 of 74 As a Prospective Bidder, submit questions in the bid management system and receive automatic e-mail notification when responses or addenda are issued. • Submit bids electronically (hardcopy of bids or proposals may also be required). Contractors must carefully examine this RFP and any addenda that may be posted on the City's secure online bidding system (PlanetBids) prior to submission of their proposal. Contractors must seek clarification of any ambiguity, conflict, omission or other error in this RFP in writing via the City's secure online bidding system prior to submission of their proposal. If an answer materially affects the RFP, the information will be incorporated into an addendum and distributed to all contractors via the City's secure online bidding system; no other contact shall be made by the City to contractors regarding addenda to the RFP. It shall be the contractor's sole responsibility to check the City's secure online bidding system (PlanetBids) to determine if any addenda have been posted prior to the proposal due date. All questions shall be submitted via the City's secure online bidding system (PlanetBids). RFP Contact: Jorge Garcia, Street Maintenance Superintendent Email: JGarcia@diamondbarca.gov Address: 21810 Copley Drive, Diamond Bar, CA. 91765 C. Examination of Work Area Prior to submitting a proposal, Contractors must familiarize themselves with the work contemplated in the contract, and be responsible for any condition which adequate field inspection would have revealed. Submission of a proposal shall be deemed conclusive evidence that such examination has been made by each Contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed Agreement, or any revision thereof. D. Basis of Award The City of Diamond Bar is not obligated to award a contract and reserves the right to reject all proposals. If the City chooses to award a contract, it is not obligated to make the award to the Contractor who offers the lowest price. Other factors will be considered by the City, such as evidence of satisfactory performance under other contracts, financial condition, the qualifications, reputation and experience of the Contractor, the quality of references and other similar information that pertains to the quality of the proposed services and the capability of the Contractor to perform, and such other evidence as might convince the City that any one proposal would provide the most effective, economic and reliable service to the City. The award, if given, will be within ninety (90) calendar days after opening proposals. 3 38 of 74 The City will evaluate and consider the information submitted by the Contractor, including, but not limited to the following criteria: 1. Approach to the work including task breakdown, equipment, and staffing. 2. Experience and technical competence of the firm and key personnel on similar projects of equal complexity. 3. Reports of references, and the willingness to agree to all terms of the Professional Services Agreement. 4. The firm's financial stability. All Contractors shall be required to demonstrate to the satisfaction of the City that they have adequate financial resources to perform the services required by these specifications. No contract will be awarded to any Contractor who, as determined by the City, has an unsatisfactory performance record or inadequate experience, or who at any time lacks the necessary financial resources to provide the services in strict accordance with the specifications. 5. Proposed cost of service/ curb mile rate/fee. 6. Contractor shall secure or maintain in force during the period covered by any contract resulting from this specification all licenses and permits required by law for the operation of their business and including Diamond Bar Business License. 7. Contractor must meet the insurance and indemnification requirements provided in the attached sample Street Sweeping Services Agreement. Failure to meet these requirements may result in rejection of the Contractor's proposal. The City of Diamond Bar reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process. III. SCOPE OF SERVICES Contractor small perform services as listed in EXHIBIT A Scope of Services IV. CONTRACTORS'S EQUIPMENT AND FACILITIES A. Equipment 4 39 of 74 The Contractor shall furnish at its own expense all equipment and materials necessary for the satisfactory performance of the work set forth in the Agreement. For sweeping of curbed arterials and streets, the Contractor shall use an alternative -fuel sweeper having a capacity of not less than three (3) cubic yards or such equivalent standard heavy street sweeping equipment as is necessary to clean the streets to the specified Standards of Performance. The Contractor shall provide late model sweeping and pickup equipment and disposal trucks properly maintained mechanically and in appearance. The Contractor shall provide backup equipment adequate to ensure completion of scheduled work in the event scheduled equipment is unavailable due to mechanical failure or repair, to re -sweep an unsatisfactory area or to provide any additional sweeps ordered by the Public Works Director or his designee. All mobile units shall be clearly marked with the Contractor's name and vehicle number and the Contractor's telephone number prominently displayed for purposes of identification. Equipment shall comply with existing or future air quality mandates and requirements (i.e. Rule 1186) including but not limited to alternative fuel vehicles. B. Personnel Contractor shall furnish a sufficient number of street sweepers and street sweeper operators to perform the services described in this RFP. Contractor must ensure that all drivers maintain safety and driving records in accordance with Federal, State, County, and City regulations. The drivers shall possess a valid, California Class A or B driver's license. The drivers shall clearly communicate with City staff and report any deviations from the scheduled route. The City shall retain the right to demand the replacement of any driver. C. Accident Reports Contractor shall provide a copy of a detailed written report of any and all accidents involving Contractor's vehicles, personnel and/or equipment while operating within the City, to the designated City representative within seven (7) days from the date of the accident. Said report shall include the date and time of the accident, and a copy of any law enforcement reports resulting from the accident. Contractor shall provide the name and contact information of Contractor's safety office, including cell phone for emergency contacts. D. Communications and Complaints The Contractor will maintain an office accessible by a toll free and/or a local phone number. Contractor's office hours are to be from 6:30 a.m. to 6:30 p.m. Monday through Friday except on noted holidays. The Contractor shall have the capability of contacting sweepers by radio or paging equipment for the purpose of relaying instructions from the City and to receive citizen complaints. The telephone number 5 40 of 74 shall be listed in the telephone directories for the area and shall be listed by the company's common name. All public complaints concerning street sweeping shall be investigated by the Contractor. Complaints brought to the Contractor's attention prior to 3:00 p.m. shall be investigated that day. Those brought to the Contractor's attention after 3:00 p.m. shall be investigated before noon of the following working day. A complaint form shall be filled out for each complaint referred to or received by the Contractor. The form, which must be approved by the Public Works Director or his designee, shall be filed with the City on the first working day following the day the complaint was received. The Contractor shall report what actions were necessary to resolve each complaint. V. GENERAL CONTRACT ITEMS A. Term of A reement The Agreement will take effect July 1, 2020, and shall continue until June 30, 2025, with the option, at the City's sole discretion, to award up to two (2) additional years upon successful demonstration of exemplary contract performance, unless earlier terminated pursuant to the provisions therein. Contractor must meet the insurance and indemnification requirements provided in the attached sample Street Sweeping Services Agreement (Appendix B). Failure to meet these requirements may result in rejection of the Contractor's proposal. B. Execution of Agreement The Agreement shall be signed by the successful Contractor and returned with the required bonds, within ten (10 days) after the City has provided written notice that the contract has been awarded. Failure to execute an agreement and file acceptable bonds and insurance documents as provided herein shall be just cause, at City option, for annulment of the contract award. A sample agreement is attached for reference (Appendix B). Should the successful Contractor decline to execute a contract, City has the option to either reject all proposals and call for new proposals or accept one of the other proposals. C. Future Increases Pricing shall remain firm for a minimum of five (5) years. Any and all requests for pricing adjustments shall be provided in writing, no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustment shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data for Los 6 41 of 74 Angeles -Riverside -Orange County, CA. All Items, Not Seasonally Adjusted, annualized change comparing the original proposal month and the same month in the subsequent year. (March -March comparison). The Contractor shall submit its request in writing, to be received by the City in person or via certified mail a minimum of 60 days prior to the proposed adjustment date. VI. MEASUREMENT AND PAYMENT A. Measurement The basis of measurement and payment shall be per curb -mile. A curb -mile is defined as a swept path not less than 5 feet wide for a total length of 5,280 feet. On streets and highways, it shall be measured toward the center of the right of way from and parallel to the curb face. Measurement of medians will be continuous and no deduction will be made for left turn pockets or intersecting streets. Improved alleys will be measured as two (2) curb miles per mile of length. B. Claim for Payment The Contractor shall submit a claim for payment to the Public Works Director or his designee every fourth week commencing with the fifth week for work completed during the previous 4-week period. The claim shall enumerate the scheduled curb miles swept, authorized additions and deletions and additional work ordered by the Public Works Director or his designee. The claim, when submitted by the Contractor, shall constitute certification under penalty of perjury that the work claimed for payment was completed in accordance with the terms of the contract. Payment will be made for curb -miles swept during the service period by multiplying the contract unit price per curb -mile by the curb -miles swept and adding additional compensation when applicable for authorized hourly sweeping at the contract unit price. VII. REPORTING A. Reports In addition to other data filed with the City by the Contractor, the Contractor shall file a monthly report with the City enumerating the following information: 1. Curb -miles swept each day- 7 42 of 74 2. Scheduled curb -miles and areas missed. 3. Scheduled curb -miles and areas swept. 4. When missed areas were swept. 5. Number of complaints received each day and how they were resolved. 6. Reasons scheduled sweeping was not done or completed as scheduled. B. Definitions The following definitions are used in the Request for Proposal as follows: Curb -mile- A swept path not less than 5 feet wide for a cumulative total of 5280 feet. Sweeping- Removal of all debris within a path not less than five (5) feet wide. Vill. PROPOSAL SUBMITTALS All Contractors shall furnish satisfactory evidence to the City that they have operated or are presently operating a street sweeping service of the type similar to the operation described herein, and that they have successfully done so long enough that their experience will enable them to maintain operations under all conditions prevailing in this area. All submittals must meet the requirements set forth in the Request for Proposal and proposals must include the following: Proposal Form provided (Appendix "A"). 8 43 of 74 Additional sheets should be attached as necessary to supplement and clarify responses to this Request for Proposal. Failure to use the City form shall be grounds for non -consideration of the proposal. Work History (Attachment A): In order to determine the eligibility of the Contractors, please list other public entities for whom the Contractor has performed similar work, including date and length of contracts, names, addresses, and telephone numbers. Existing services will be subject to inspection by the City. (Use attached Form). Inventory of Equipment (Attachment B): As an attachment to the proposal, all Contractors shall include an Inventory of Equipment available for use in providing the services, including detailed information such as equipment and accessory type, model, year of manufacture, fuel type and anticipated remaining useful life as of the date of the inventory, and indicate if vehicle is primary or a backup vehicle. The inventory shall specifically include whether or not sweepers are equipped with recording hour meters. Work Plan (Attachment C). Contractor shall submit and attach to this RFP a word document which describes the work steps to be taken and their timing and how the contract would be transitioned from the current service provider if selected. (Exhibit C) Acknowledgement Form (Attachment ❑ . Contractor shall agree to and sign the attached Acknowledgement Form. Items to be submitted by Contractor as an attachment to the RFP: Sample of GPS Tracking: The selected contractor must have the ability to track, gather, and provide real-time data with the use of Global Positioning System (GPS) tracking system, or acceptable alternate system, for each sweeper while performing services for the City. The City requests a sample report as an attachment to the RFP, that includes, but is not limited to, the following: a. Speed b. Direction c. Location on a map d. Address e. Distance Traveled Ownership: Contractors shall submit a list of the names and resumes of the principal officers, partners, and/or stockholders who own ten percent (10%) or more of the respective companies and list any company of which they are a subsidiary. Additionally, the Contractor shall submit the name(s) and resume(s) of the individual(s) who will be considered in the responsible charge of the City of Diamond Bar contract. 9 44 of 74 Key Personnel: As an attachment to the proposal, all Contractors shall include a listing, with qualifications, of personnel who have had experience in operating a comparable system and who have agreed to work in the performance of the services for the City. 10 45 of 74 SCOPE OF WORK A. Standard of Performance Exhibit A Contractor shall use and furnish at their expense all labor, equipment and materials necessary for the satisfactory performance of the street sweeping work set forth herein. The primary objective of street sweeping is to pick up all leaves, paper, dirt, rocks, cans and/or other debris to ensure free flow of water in the gutter and to maintain streets in a state of cleanliness. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Director of Public Works or his designee. The Director of Public Works or his designee will make the final determination as to whether the work has been satisfactorily completed and may order the Contractor to re -sweep areas not completed in a satisfactory manner, at no additional charge. This is intendent to be a "Clean Sweep" program and not a "Single Pass" program. B. Callback Whenever, in the opinion of the City, a section of the street is inadequately swept, the contractor shall (within 24 hours after notification) re -sweep the section in question, and may, at the sole discretion of the City, forfeit a penalty of one hundred dollars ($100.00) for each time a street is inadequately swept. No additional payment will be made for callbacks as a result of unsuccessful sweeping. C. Daily Log Contractor shall maintain a daily log that indicates dates, time, streets, curb miles and parking lots swept. The log shall be available for the inspection of the Public Works Director or authorized designee. D. Curb Miles There are approximately 356 total curb miles in the City. The following are estimated curb miles for each category: Estimates: Arterials 41 Curb miles Residential/Collector 278.5 curb miles Center Medians 30 curb miles Alleys < 0.5 miles Painted Medians/2-Way Left Turn Lanes — 6 miles E. Sweeping Schedule and Services The existing service level is Bi-weekly street sweeping services. The months of December and January are weekly. 11 46 of 74 Sweeping shall normally consist of a single pass at not more than 5 miles per hour over an area. Additional passes shall be made if necessary, in problem areas where silt, leaves, debris or other conditions warrant special attention including painted medians or other areas as directed by the Public Works Director. Water shall be used while sweeping to minimize dust. The word sweeping shall define an operation and the method shall not be limited to the use of a power broom street sweeper. It is the intent of the City to coordinate street sweeping activities with trash pickup and tree watering activities. The Contractor shall follow the established street sweeping schedule and submit a work plan to include the curb miles of streets, alleys and medians to be swept daily as well as the daily starting time. Also, a route map shall be submitted, showing the streets, alleys and medians to be swept each day by the Contractor. The Contractor shall indicate the daily sweeping route on the maps in an appropriate and understandable manner that is acceptable to the City Manager or his designee. The following guidelines will generally be applicable: 1. Sweeping of streets that have posted parking restrictions specified for street sweeping shall only be swept during the posted day and hours. 2. Areas shall not be swept on the same day trash pickup is scheduled. Whenever feasible, sweeping shall be scheduled the day after trash pickup. The Contractor, working with the City, shall be responsible for determining when trash pickups are scheduled. 3. Contractor agrees that, in order to protect the peace and quiet of residents, its street sweeping activities shall not start before 7:30 a.m. (with the exception of #4 below) or continue after 5:00 p.m. No sweeping activities are to occur on days on Saturdays, Sundays, or on days which holidays are observed: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. The City Manager or his designee at his discretion may make exceptions to these limitations if requested by the Contractor. 4. The streets near the schools need to be swept earlier due to school drop- off/pick up time in the area. Parents drop off children at school beginning at 7:30 a.m. The City requires the sweeper to begin sweeping at 6:00 a.m. to minimize issues. Streets adjacent to schools and commercial developments shall be swept 6:00 a.m. or 7:00 a.m. in accordance with the established schedule. 5. Certain number of streets adjacent to apartments, condominiums or commercial cul-de-sac areas have alternate -side sweeping at different times. Morning sweeping would be from 7:30 a.m. to 11:30 a.m. and afternoon sweeping would be from 11:30 a.m. to 5:00 p.m. 12 47 of 74 6. Major arterials shall not be swept during peak traffic hours (6:00 a.m. to 9:00 a.m. and 3:30 p.m. to 7:00 p.m.). 7. The Contractor shall sweep and/or clean all public streets and alleys as specified herein and as included within the limits of the area shown on the Map (Appendix "C"). Gutters of all paved streets, raised medians and painted medians/2-way left turn lanes shall be swept as specified in the Standard of Performance. 8. In the event that the results of a sweeping are considered unsatisfactory by the Director of Public Works or his designee, the Contractor shall sweep or clean the unsatisfactory area again at no cost to the City, within two (2) calendar days without interruption in the regular sweeping schedule. 9. Curbed areas that cannot be swept with power sweeping equipment, such as but not limited to narrow cul-de-sacs, median noses and portions of left turn pockets, shall be hand cleaned to comply with the Standard of Performance. F. Modifications Changes in the established schedule for the convenience of the Contractor will require approval by the Director of Public Works or his designee prior to being included in the bi-weekly work. The City reserves the right to require the Contractor to sweep specific areas on specified days and a specified time of the day. The following guidelines will generally be applicable. G. Special Event Support Each year, the City provides sweeping support to approximately ten (10) special events. Most events require a pre -event and post -event sweep only to remove debris. H. Small Debris Clean U Each sweeper shall have the ability to clean up small piles of debris that are out of reach of the sweeper including, but not limited to broken glass, leaves, trash or other small debris. I. Disposal of Refuse and Debris All debris and refuse collected by the Contractor shall become his property from and after the time of sweeping. The Contractor shall dispose of all refuse and debris collected during sweeping operations, at no additional cost to the City, by hauling same to a legally established area for the disposal of solid waste. Subject to the approval of the City when storage of refuse and debris is necessary prior to disposal, the Contractor shall locate and arrange for use of a temporary storage site off the street right of way. The Contractor shall remove all refuse and debris from temporary storage sites before 5:00 p.m. of the day deposited. The 13 48 of 74 Contractor shall, when removing refuse and debris from temporary storage sites, remove and dispose of any waste material or objects left there by others. Approximately 560 tons of street sweeping debris is collected annually. J. Water The Contractor shall furnish all water necessary for sweeping operations in accordance with Section III-B Sweeping. Walnut Valley Water District is the provider. K. Inspection Periodic inspection of the work will be made by the Director of Public Works or his designee to assure compliance with the specifications. L. Additional Sweeping The Contractor is to provide additional sweeping of any street(s) and alley(s) within the area shown on the Map (Appendix "C-1") at any time ordered by the Director of Public Works or his designee. The Contractor will be compensated for such additional sweeping at the contract unit price per curb -mile in effect at the time. The method of payment will be determined by the Director of Public Works or his designee. No allowance will be made for travel time on additional sweeps, but the minimum curb mileage to be compensated will be sixteen (16) and the minimum hours will be four (4). The need for additional sweeping may be because of storm, fire, flood, parade, public gathering, riot or other natural or unanticipated occurrence affecting the cleanliness of the streets and highways. The additional sweeping may be in lieu of or in addition to the regularly scheduled sweeping as ordered by the City Manager or his designee. Additional sweeping will normally be confined to sweeping the curb lane. If, however, additional sweeping requires the total width of the street(s) to be swept, then compensation will be at the contract unit price per curb -mile. All sweeping shall be done with sufficient passes to achieve the results set forth in the Standard of Performance. Minimum payment will be for sixteen (16) curb -miles. Notwithstanding the above, the City has the option on additional sweeps to compensate the Contractor on an hourly basis where it is difficult to determine curb -miles swept in a non -routine manner. In these cases, the hourly rate paid by the City to the Contractor shall be equal to four times the contract unit price per curb -mile. Minimum payment will be four (4) hours. M. Schedule Disruption 14 49 of 74 The Contractor shall sweep the designated public streets and alleys bi-weekly, including all curbed medians, in accordance with the established schedule (Appendix "C"). When, in opinion of the Director of Public Works or his designee, inclement weather prevents adherence to the regular sweeping schedule, Director of Public Works or his designee may require the sweeping areas so affected to be swept prior to the next sweeping schedule. Any such required sweeping made necessary by inclement weather shall meet the requirements of the Standard of Performance and shall be performed by the Contractor at the normal curb -mile price in effect at the time and will not be considered additional sweeping as defined in Section, III -Scope of Work Section J (Additional Sweeping). When any holiday occurs on a regularly scheduled sweeping day, and said sweeping area is not swept in observance of said holiday, the subject sweeping area shall be swept one (1) day later without interruption in the regular sweeping schedule. Observed holidays are as follows: 1. New Year's Day 2. Memorial Day 3. Independence Day 4. Labor Day 5. Thanksgiving Day 6. Christmas Day Street sweeping days for the remainder of the week shall all be postponed one street sweeping day. Any such sweeping shall be performed by the Contractor at the contract unit price per curb -mile and shall not be considered additional sweeping. In the event the Contractor is prevented from completing the sweeping as provided in the established schedule because of reasons other than inclement weather or holidays, it will be required to complete the sweeping services so deferred within one (1) working day without interruption in the regular sweeping schedule. N. Added and Deleted Streets It is the intent of this contract to provide for the bi-weekly sweeping of all curbed streets and improved alleys within the incorporated area shown on the map. For the months of January and December, street sweeping is done on a weekly basis. As streets and alleys are improved or annexed, they will be added to the bi-weekly sweeping schedule. Compensation to the Contractor will be based on curb miles added multiplied by the current contract unit price. Streets and alleys initially included in the schedule that are vacated by the order of the City Council will be deleted from the schedule and the affected curb mileage deducted from the contract quantities. 15 50 of 74 Additions and/or deletions of curb mileage may affect the schedule and appropriate adjustments will be allowed subject to approval by the Director of Public Works or his designee. O. Utilities The Contractor shall recognize the rights of utility companies within the public right of way and their need to maintain and repair their facilities. The Contractor shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Contractor from sweeping during a specified time frame. No additional compensation will be allowed for complying with these requirements. P. Approximate Mileage of Streets and Alleys The estimated quantities of work and materials to be performed or furnished by the Contractor under these specifications are as follows: ITEM OPERATION, ARTICLE OR MATERIAL UNIT AND NUMBER TO BE PERFORMED, CONSTRUCTE❑ OR FURNISHED QUANTITY SWEEPING OF CURBED STREETS (INCLUDING 356 CURB MILES CURBED MEDIANS) PAINTED MEDIANS/2-WAY LEFT TURN LANES AND IMPROVED ALLEYS, INCLUDING WATER AND DISPOSAL OF ALL DEBRIS 2 OPTIONAL STREET SWEEPING DEBRIS 312-500 TONS* COMPOSTING (APPROXIMATE TONS) NOTE: The quantity shown above is an estimate only to be used as a basis for comparing Proposals. The Contractor will be paid for the actual number of curb -miles swept. 16 51 of 74 Special Areas Street Sweeping Condos off Pathfinder Road near Diamond Bar Hiah School • N/S Laurel Rim Drive Friday, 11:30 p.m. - 5:00 p.m. • S/S Laurel Rim Drive Thursday, 11:30 p.m. - 5:00 p.m. • W/S Presado Lane Friday, 11:30 p.m. — 5:00 p.m. • E/S Presado Lane Thursday, 11:30 p.m. — 5:00 p.m. Condos behind Walmart north of Grand • N/S Meandering Creek • S/S Meandering Creek • N/S Monument Canyon • S/S Monument Canyon Condos near Metrolink Train Station • N/S Washington St. • S/S Washington St. Thursday, 7:30 a.m. — 1:00 p.m. Wednesday, 11:30 a.m. — 5:00 p.m. Thursday, 7:30 a.m. — 1:00 p.m. Wednesday, 11:30 a.m. — 5:00 p.m. Tuesday, 7:30 a.m. — 1:00 p.m. Monday, 7:30 a.m. — 1:00 p.m. Diamond Canyon Rd Specialty Hours Street Sweeping — Monday, 5am — 7am Silver Fir Communitv Comnlex Location Day & Time On Windwood & On Silver Fir Monday 7:30 am- 12:30 pm On Windwood & On Silver Fir Monday 12:30 pm — 5:00 pm Schools with Specialty Hours Street Sweeaina Location Day & Time Diamond Point Elementary (on Sunset Crossing) Tuesday 6:00 am- 7:00 am Golden Springs Elementary on Ballena Wednesday 3:15 m — 5:00 pm Armstrong Elementary (on Clearview Crest & On Beaverhead)_ Tuesday 6:00 am- 7:00 am Thursday 6:00 am —7:00 am Quail Summit Elementary (on Quail Summit Maple Hill Elementary on Maple Hill Friday 6:OOam — 7:OOam Evergreen Elementary (on Evergreen Springs) Friday 6:OOam — 7:OOam Castle Rock Elementary on Castle Rock Friday3:30 m- 5:00 pm Walnut Elementary on Glenwick Monday 6:OOam — 7:OOam 17 52 of 74 53 of 74 ZEREMAN-01 '`,� o CERTIFICATE OF LIABILITY INSURANCE DATE (MMI020 DDfYYYY) 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 License # OB29370 Solid Waste Insurance Marketing P.O. BOX 7072 Pasadena, CA 91109 INSURED Zerep Management Corporation 17745 Railroad Street City Of Industry, CA 91748 CONTACT NAME: PHONE FAX (A/C, No, Ext): (626) 796-9000 (A/C, No):(626) 577-8940 E-MAIL ADDRESS: INSURER(S) AFFOROING COVERAGE NAIC # __ -INSURER A:Alaska National Insurance Company_ 38733 INSURER B : INSURER C : INSURER D : INSURER E : DVERAGES 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 R TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY £ XP LIMITS R INSD. WVD IMM/DD/YYYYI IQ DryYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES _(Ea _occurrence) $ _MED EXP (Any one person) $ PERSONAL & ADV INJURY $_ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PEST LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS yy ALTODS ONLY A� OS ONED UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE 19JWS7 0324 OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) If yyea, describe under AESCRIPTION OF OPERATIONS betow _ COMBINED SINGLE LIMIT (Ea accident) __---- —_ __ $ BODILY INJURY (Per person)__ _ $_ BODILY INJURY (Per accident)_ PROPERTY AMAGE (Per aocidEnl) _ _ _ _ $ 8 EACH OCCURRENCE S AGGREGATE S 5 X PER O . STATUTE ER 10/1/2019 10/112020 E.L. EACH ACCIDENT $ 1,000,0 E.L. DISEASE - EA EMPLOYEE $ 1,000,0 E L DISEASE -POLICY LIMIT S 1,000,0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be attached If more space is required) California Cancelation Endorsement WC 04 06 01A 112 93) rE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Diamond Bar THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. 21810 Copley Drive Diamond Bar, CA 91765 - AUTHORIZED REPRESENTATIVE - f ACORD 25 (2jW§}Q% © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ar Alaska National INSURANCE COMPANY CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancelation: 1 You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent.; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; 1. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) through (1), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. The policy period will end on the day and hour stated in the cancelation notice. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective October 1, 2019 Insured Zerep Management Corporation Countersigned By ?ir% _ 66144 Policy No. 19J WS 10324 Endorsement No. 13 S.W I.M. / Pasadena, CA W664'66 0 1 A (12 93) ZEREMAN-01 CERTIFICATE OF LIABILITY INSURANCE DATE (MMI020 DDIYYYY) 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 License # OB29370 CONTACT Solid Waste Insurance Marketing PHONE 62 Fax -8940 P.O. Box 7072 (AM, No, Emil: ( 6j 795-9000 (AIc, No):(626) 577 Pasadena, CA 91109 FR-MAIL DOREss: INSURER(S) AFFORDING COVERAGE____ _ NAIC # INSURER A:GreenWlch Insurance Company _ 22322 INSURED INSURER B:XL SW alty Insurance Company______37885 _ Zerep Managerment Corporation INSURER C: Navigators Specialty _Insurance 36056 17445 East Railroad Street INSURER D : City Of Industry, CA 91744 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE !NSA WVD POLICY NUMBER DJyyyy ryyy_ LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE X OCCUR GEC300069205 2/1/2020 2/1/2021 X DAMAGE TO RENTED PREMISES (Ea occurrence) 300,000 S MED EXP {Any arts person) S 5,000 11000,000 PERSONAL & ADV INJURY 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 X POLICY PEef LOC PRODUCTS -COMPWAGG 5 21000,000 OTHER: 5 INED SINGLE LIMIT (Ea 1,000,000 AUTOMOBILE LIABILITY aBccident) $ X ANY AUTO X AECO04525205 2/1/2020 2/1/2021 (Per person)__$ OWNED SCHEDULED _BODILY __INJURY AURTEO�S ONLY AUTOS _ BODILY INJURY (Per accident) y�/ AUTOS ONLY A� OS ONELDY PROPERTY 9" tl�II AGE B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS -MADE UECO055975 2/1/2020 2/1/2021 AGGREGATE $ 4,000,000 DED RETENTION $ S. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER H STATUTE _ ER _ YIN ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L. EACH ACCIDENT $ OFFICEER EXCLUDED (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S If describe under nys. DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLTCY LIMIT S C Excess Liability LA20EXCZ03UM41C 2/1/2020 2/1/2021 Each Occurrence 5,000,000 C Excess Liability LA20EXCZ03UM41C 2l1/2020 2/1/2021 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACDR D 101, Additional Remarks Schedule, maybe attached if more space is required) Common Policy Conditions (Cancellation)- IL00171198 Auto Liability includes upset & overturn Auto Physical Damage - Indian Harbor Insurance Company: PPT/Light/Trailer - Comp / Coll - $1,000 / $1,000 Med/Hvy / Extra Hvy / Tractors- Comp / Coll - $3,000 / $3,000 SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2M6fQ3V © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ZEREMAN-01 LOC #: 1 MG914088 ACORV AGENCY Solid Waste Insurance Marketing POLICY NUMBER "SEE PAGE 1 CARRIER EE PAGE 1 ADDITIONAL REMARKS SCHEDULE License # OB29370 NAMED INSURED Zerep Manaperment Corporation 17445 East Railroad Straet City Of Industry, CA 91744 NAIC CODE SEE P 1 1 EFFECTIVE DATE: SFF PO(;F 7 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE, Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Additional Named Insureds: Zerep Management Corporation Valley Vista Services, Incorporated City of Industry Disposal Company, Inc. DBA: Grand Central Recycli Valley Vista Disposal Vincent's General Services, Inc. Valley Vista Services, Inc. DBA Valley Vista Services of Orange Coui Grand Central Recycling & Transfer Station, Inc. Municipal Maintenance, Inc. Pomona Valley Transfer Station Automatic Additional Insured XIC411 1013 Auto Liability Policy Form (Primary Wording) CA00011013 Additional Insured -Owners, Lessees or Contractors -Scheduled Pers Additional Insured -Owners, Lessees or Contractors (GL Primary Wo ACORD 101 (2008/01) Page 1 of 1 © 2008 ACORD CORPORATION. All rights reserved. 57 of 74 The ACORD name and logo are registered marks of ACORD COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. b. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 1198 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL59MI 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: AECO04525205 XIC 411 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident' causing "bodily injury" or "property damage" for which liability coverage is sought; and C. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. XIC 411 1013 © 2013 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. 59 of 74 Includes copyrighted material of Insurance Services Office, Inc , with its permission BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. COMMERCIAL AUTO CA 00 01 10 13 SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no-fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any Only "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non -owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 12 60 of 74 19 Mobile Only those "autos" that are land vehicles and that would qualify under the Equipment definition of "mobile equipment" under this policy if they were not subject to a Subject To compulsory or financial responsibility law or other motor vehicle insurance law Compulsory Or where they are licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II — COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 2 of 12 61 of 74 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed, we will: (1) Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions (1) All expenses we incur. This insurance does not apply to any of the (2) Up to $2,000 for cost of bail bonds following: (including bonds for related traffic law 1. Expected Or Intended Injury violations) required because of an "Bodily injury" or "property damage" expected "accident" we cover We do not have or intended from the standpoint of the to furnish these bonds. "insured". (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 12 62 of 74 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed; (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 4 of 12 63 of 74 Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12 64 of 74 All "bodily injury", "property damage" and "covered 3. Glass Breakage — Hitting A Bird Or Animal pollution cost or expense" resulting from — Falling Objects Or Missiles continuous or repeated exposure to substantially If you carry Comprehensive Coverage for the the same conditions will be considered as resulting "accident". damaged covered "auto", we will pay for the from one following under Comprehensive Coverage: No one will be entitled to receive duplicate "loss" a. Glass breakage; payments for the same elements of under this Coverage Form and any Medical Payments b. "Loss" caused by hitting a bird or animal; Coverage endorsement, Uninsured Motorists and Coverage endorsement or Underinsured Motorists c. "Loss" caused by falling objects or Coverage endorsement attached to this Coverage missiles. Part. However, you have the option of having glass SECTION III — PHYSICAL DAMAGE COVERAGE breakage caused by a covered "auto's" A. Coverage collision or overturn considered a "loss" under 1. We will pay for "loss" to a covered "auto" or its Collision Coverage. equipment under: 4. Coverage Extensions a. Comprehensive Coverage a. Transportation Expenses From any cause except: We will pay up to $20 per day, to a (1) The covered "auto's" collision with maximum of $600, for temporary another object; or transportation expense incurred by you because of the total theft of a covered (2) The covered "auto's" overturn. "auto" of the private passenger type. We b. Specified Causes Of Loss Coverage will pay only for those covered "autos" for Caused by: which you carry either Comprehensive or Specified Causes Of Loss Coverage. We (1) Fire, lightning or explosion; will pay for temporary transportation (2) Theft; expenses incurred during the period beginning 48 hours after the theft and (3) Windstorm, hail or earthquake; ending, regardless of the policy's (4) Flood; expiration, when the covered "auto" is (5) Mischief or vandalism; or returned to use or we pay for its "loss". (6) The sinking, burning, collision or b. Loss Of Use Expenses derailment of any conveyance For Hired Auto Physical Damage, we will transporting the covered "auto" pay expenses for which an "insured" c. Collision Coverage becomes legally responsible to pay for loss of use of a vehicle rented or hired Caused by: without a driver under a written rental (1) The covered "auto's" collision with ragreement.We ill pay for another object; or lcontract oss oss ouseex p y: (2) The covered "auto's" overturn. (1) Other than collision only if the Declarations indicates that 2. Towing Comprehensive Coverage is provided We will pay up to the limit shown in the for any covered "auto"; Declarations for towing and labor costs (2) Specified Causes Of Loss only if the incurred each time a covered "auto" of the Declarations indicates that Specified private passenger type is disabled. However, Causes Of Loss Coverage is provided the labor must be performed at the place of for any covered "auto"; or disablement. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 6 of 12 65 of 74 (3) Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed -measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed -measuring equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the covered "auto"; b. Removable from a housing unit which is permanently installed in or upon the covered "auto"; c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limits Of Insurance 1. The most we will pay for: a. "Loss" to any one covered "auto" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 7 of 12 66 of 74 (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV — BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment, you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Covered Autos Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 8 of 12 67 of 74 4. Loss Payment — Physical Damage 4. No Benefit To Bailee — Physical Damage Coverages Coverages At our option, we may: We will not recognize any assignment or grant a. Pay for, repair or replace damaged or any coverage for the benefit of any person or stolen property; organization holding, storing or transporting property for a fee regardless of any other b. Return the stolen property, at our expense. provision of this Coverage Form. We will pay for any damage that results to 5. Other Insurance the "auto" from the theft; or c. Take all or any part of the damaged or a. For any covered "auto" you own, this stolen property at an agreed or appraised Coverage Form provides primary "auto" value. insurance. For any covered you don't own, the insurance provided by this If we pay for the "loss", our payment will Coverage Form is excess over any other include the applicable sales tax for the collectible insurance. However, while a damaged or stolen property. covered "auto" which is a "trailer" is 5. Transfer Of Rights Of Recovery Against connected to another vehicle, the Covered Others To Us Autos Liability Coverage this Coverage If any person or organization to or for whom Form provides for the "trailer" is: we make payment under this Coverage Form (1) Excess while it is connected to a has rights to recover damages from another, motor vehicle you do not own; or those rights are transferred to us. That person (2) Primary while it is connected to a or organization must do everything necessary covered "auto" you own. to secure our rights and must do nothing after "accident" "loss" b. For Hired Auto Physical Damage or to impair them. Coverage, any covered "auto" you lease, B. General Conditions hire, rent or borrow is deemed to be a 1. Bankruptcy covered "auto" you own However, any Bankruptcy or insolvency of the "insured" or "auto" that is leased, hired, rented or the "insured's" estate will not relieve us of any borrowed with a driver is not a covered obligations under this Coverage Form auto". 2. Concealment, Misrepresentation Or Fraud c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered This Coverage Form is void in any case of Autos Liability Coverage is primary for any fraud by you at any time as it relates to this liability assumed under an "insured Coverage Form. It is also void if you or any contract". other "insured", at any time, intentionally d. When this Coverage Form and any other conceals or misrepresents a material fact Coverage Form or policy covers on the concerning: same basis, either excess or primary, we a. This Coverage Form; will pay only our share. Our share is the b. The covered "auto"; proportion that the Limit of Insurance of our Coverage Form bears to the total of c. Your interest in the covered "auto"; or the limits of all the Coverage Forms and d. A claim under this Coverage Form. policies covering on the same basis. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. CA 00 01 10 13 © Insurance Services Office, Inc , 2011 Page 9 of 12 68 of 74 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the United States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere in the world if a covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less, 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or provided that the "insured's" responsibility 2. Any claim or "suit" by or on behalf of a to pay damages is determined in a "suit" governmental authority for damages because on the merits, in the United States of of testing for, monitoring, cleaning up, America, the territories and possessions of removing, containing, treating, detoxifying or the United States of America, Puerto Rico neutralizing, or in any way responding to, or or Canada, or in a settlement we agree to. assessing the effects of, "pollutants". We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: CA 00 01 10 13 C Insurance Services Office, Inc., 2011 Page 10 of 12 69 of 74 (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured" Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 12 70 of 74 c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or damage. K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well -servicing equipment. However, "mobile equipment' does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M a. Power cranes, shovels, loaders, diggers or drills; or N. b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well -servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; or 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos": "Property damage" means damage to or loss of use of tangible property. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense"; to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. P. "Trailer" includes semitrailer. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 12 of 12 71 of 74 POLICY NUMBER: GEC300069205 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 City of Diamond Bar, its officers, employees, agents, RE: All Operations and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I 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. 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. CG 00f6404 13 C Insurance Services Office, Inc., 2012 Page 1 of 2 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. PagIPPW2 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13 ENDORSEMENT #005 This endorsement, effective 12:01 a.m., February 1, 2020, forms a part of Policy No. GEC300069205 issued to Zerep Management Corporation by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. 74 of 74