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Home My WebLink AboutCUMMINS CAL PAFICIC 2-2004 INSURANCe UN FILL WORK MAY PROCEED UNTIL INSURANCE EXPIRES .~ -I -o?" CLERK OF COUNCIL i1ÞJF. .2, -;;¡, -D5 ~ THIS AGREEMENT, made and entered into this 15th day of November, 2004 by and ~ '. between Cummins CAL PACIFIC, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). N-2004-153 CONSULTANT AGREEMENT RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of emergency generator maintenance, repair and full-load testing. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected ITom a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall inspect and perform maintenance service on the back up generator at the Depot in Santa Ana, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $3,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 31,2005, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director ofthe Community Development Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting ITom any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$I,OOO,OOO per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution ofthis Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance ofthe work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 7. CONFIDENTIALITY If Consultant receives ITom the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or 3 mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of the Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6549 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Cummins CAL PACIFIC, Inc. 1105 S. Greenwood Avenue Montebello, California 90640 Attn: Susan Morales A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time fÌames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In 4 the event of a conflict between the terms of this Agreement and any attachments hereto, the terms ofthis Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination given to the other party. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because ofrace, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason ofthis Agreement. 5 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ~,. - X/-rr ATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA ~~ City Manager APPROVED AS TO FORM: RE MENDED FOR APPROVAL: PA RICIA C. WHITAKER Executive Director ofthe Community Development Agency Tax ID# 03- 0 vi. oSlO 6 "11/04/2004 THU 15:53 FAX 714+565 4020 CITY OF SANTA ANA ~~~ CITY ATTORNEY I4J 003/003 -.. -. -- -' -- - -- - n- --- - --. --- ------..- +u- . -+-- (:ummins CAL PACIFIC 1105 S. Gr..nwoocI AV8 ~ onl8b8llo, CA 80510 F 81d Se..,iae Cenlvr P'on813231'~14Z8 Fas(3Z31...1454 D )I/:: November 4, 2004 (arolyn Fullerton T he Depot at Sanla Ana 1 )(( E. Santa Ana Blvd. S mla Ana, CA 92701 I: ear Carolyn, t- 8111 is s proposal to provide 'Seml-Annuar Planned Maintenance service for the s 'and~by Generator al your location. The Program includes (1) comprehensive inspection and (1) full service. Cperation and function testa will be perfom1ed during these visits. Our agreement Ir Cludes all laÞor and travel. The full service includes all applicable filters (oil, f¡ lei, water), specially fomiulated engine oil, oil sample test, and waste disposal In a ::corclance with EPA regulations. If a unit needs belts, batteries, a tune-up or the "tplacement of a failed pert (8). the Factory Certified Technician who performs tIle service will bring the item (or items) to your attenlion and obtain approval p lor to performing the repair, Our PISMed Maintenance customers enjoy the b 9nefil of lower repair labor rates and receive emergency service support 24 h:¡urs a day, 7 days a week. It you have any questions, don't hesitate to give us a call. To proceed with the p -ogram, please sign a CODY of the Agreement and return VIa faX to (:123) 889-7454. 5 incerely. -'~..(fL . F red Risse (:123) 869.742~ EXHIBIT A "i1/04/2004 THlT 15:52 FAX 714T565 4020 CITY OF S&~A ANA ~~~ CITY ATTORNEY I4J 0021003 ......, ......' .--, ",.,,,,v ....... .........,....., ....,.. ""...........,... ......... ........ ~..... .' ., . . PLANNED MAINTENÞJIICE AGREEMENT I Cunomer CODud I . - CaoUld: CIII'OMI FlI1le11on Phoae: 714 5652690 ~ Fa;: 71464706944; CUlt ID: 90859 ~OD Quote DIlle : 04.NOV~ Quotcbpircs: 04-NOV~S Quale Num:' 2080 Quoted By: Ve FJIIDk PI'ITY QualcTam: 1 Y....{.) cunomer J ,clclreu rnEDEPOl AT SANTA ANA A1TN: CAIDLYN FULLERTON 1000 E. SAl'TAANABLVD, S8ll1a AlIa, C 1\ 92701 Slt,l.form ldon 1 1HEDElOTATSANrAANA toooE. SANTAANABLVÐ. SANTA ANA CA 92701 MOllfactunr Model Prod Modd Serial NlUDber T)'JIe Site UaJt N Imber 1 A ONAN ûENSET 5OiUIZ271 143917 OeNSET A 1 1 590.00 5114.00 Eúeaded Priu 5!1O,oo S94.OO Service EYeDI . QtY SeD Price Site Uulr N uaber FUIL SERVICE WAD BAJIOC wlINSP£C11ON F~ So: ai-ADI1aal + 2h< Lo&d Baak duria¡¡ ialpacliaa. lte¡:ul8r(S) 80. ÞO Overámo(S) 120.00 Mil""l!o(S) 1.00 Standard Acnemlllt AIIIolIDt Tuet Propolal Toral . St.lI1LDO sua Sl.U3.!n CUMMINS CAL PACIFIC. LLC SiølÞø~jL . , Da1t: 11- 1/ - ~ ¥- CUlro-r It DDrovel S;w-- DIIe' PaQe 1 Qf ~ . '. .. EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising fÌom the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 7 ONLY AND CONFE.R8 NU K.:~':-: I::; UI"UN Inc; \.I¡:;;nI Il".'-'''''''' I ~Woods , Grooms, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1529 Washin~ton Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IColumbus I. 41201 Fone ~12-~7~-4435 Fax: 812-373-4445 INSURERS AFFORDING COVERAGE NAIC# . INSURED INSURER A: Zurich America IneuranC8 Co. 0212 INSUR.ER B. Zurich ~rica Xn~ur.nca Cø~ 0212 ì cummins Cal Pacific LLC ~E_RC: ! 1939 Deere Avenue ---- Irvine CA 92606 INSURER D: INSURER E. [,^W,,""'. COVERAGES :H~ PC~;C!ES OF 1~URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTlMTHSTANDING :,~"/ ~~,::t.:¡¡=;=M!õ.Nr. l'ERM OR CONDITION OF ANY cONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR :.'.\y ?ËRTAIN, "!';~J:: INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREI!'1 JS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDmONS OF SUCH pO'~IC\~. AGGREGAl'E LIMITS SHO\NN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L Tft NSRIJ. TYPE OF INSURANCE , GENER,o\L LIABILITY :.X! COMMI:õRCIAL GENERAL LIABILITY enl -, CLAIMS MADE [JC] OCCUR l~; BrC?_~~- Form Liab ~~icontractual Liab ; GEN'L AGGREGAl'E LIMIT APPLIES pER X POLICY II jr8.; ¡ LOC I B:X I :3 3' , i :? x , A.UTOM03lLE LI~BIL1TY :-.~ }~ 'AN'( AJTO \' B rl ;"'-'- OWNED A.UTOS Çl SCHEDULED AUTOS I ;~ H\REO AUTOS B L~j NON-OWNED AUTOS B' f-xjAU1:<'3hys Dzunage , . t--t--.J:- GA~GE LIABILITY \ B i X !xl ,"V AUTO r- ; EXCESSIUMBREllA LIABILITY :x--: OCCUR f1 '::-AlMS MADE ;A i DEDUCT!BLE RETENTION .10 000 WORKERS COMPENSATION AND , EMPLOYERS' UA81UTY ¡ B ANY PROPRIETOR/PARTNER/EXECUTIVE i OFï=ICERlMEMBER EXCLUDED? Ifyes.ðe9Crlt-eu~ I SPECIJ,L PROV\SIONS helow OTHER A I Property Insurance POLICY NUMBER DATE aiM/DO DATE MMIDD LIMITS '1,000,000 . Included . 5,000 PIe.RSON..6.L&AOVINJURY $1,000,000 GENERAL AGGREGATE $ 1,000, OO~-- PRODUCTS-COMP/OPAGG $1 000,000 GL0373102200 03/01/04 03/01/05 EACH occuRRENce PREMISES Ea occurence MEO EXP (Anyone person) I , ! I I BAP373102100 \ ! I BAP373102100 COMB1NED SINGLE LIMIT (EaacciOe¡\1) .1,000,000 BODILY INJURY (Per person) '. 03/01/05 03/01/04 BODILY INJURY {Per accident) . PROPERTY DAMAGE (Per accident) . AUTO ONLY. EA ACCIOENT 01 000,000 0 . .5 000,000 '5,000,000 '. 03/01/05 OTHER THAN AUTO ONLY: EAACC AGG 03/01/04 I I UMB373B80400 , I I I EACH OCCURRENCE 03/01/05 AGGREGATE 03/01/04 . . WC373102300 03/01/04 03/01/05 .1000000 .1000000 $1000000 --' E.L. DISEASE - EA EMPLOYE E.L. DISEASE - POLICY LIMIT I 03/01/05 I cpo3738B0300 A 03/01/04 Spec Form RC !]ESCR~?TION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ! :' :-"':~91 ~ngine .sales and service. The City of Santa Ana, its officers, ?~~?~oyees. agents, volunteers, and representatives are added as additional ¡insureds for work performed, but only as respects to eummins Ca1 Pacific, ¡LLC'S sole negligence. fax 714-647-6944 fax 949-253-60BO CERTIFICATE HOLDER DEPOTSA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE ÐCPIRATION DATETHEREOF,THEISSUlNGINSURERWllbilill. ,rTOMAlL ~ DAY5WRmEN The Depot as Santa Ana carolyn Fu~lerton 1000 East Santa Ana Blvd. #10B santa Ana CA 92701 NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH'f LEFT, ilI:!Tr"n--¡-q~'" A- ""'A' I NM/oQU~"'" .....~, ,- ~-(ttl -R t 'Av1' -. -;~ "¡r' nfllil"--'I Till nl8"R-"'~ ITt] - -,'- ...... ACORD 25 (2001108) 2'd APPROVED AS T ') w,.#~J @ ACORD CORPORATION 1988 / ¡ ~e ¡ Ll e~~:60 SO 02 uer . . THIS SHEET MUST BE COMPLETED AND ACCOMPANY. THE CERTIFICATE OF INsURANCE . ADDITIONAL INSURED ENDORSEMENT Insurance company. 'Jnri9R 1Ht¡çrig. IR~y.ra'RgQ Cs. . . This endorsement modifies liuch Insurance as Is afforded by the provisions of Policy No. C:T./"\"'!7"'!10:noo relating to \he following: 1. The City of Santa Ana. 20 Civic Center Plaza, Santa Ana, California 9.2701, lis. . officers, empjoyeÐS, agents, and representatives are named as addItional.. . Insureds ("additionallneur8da") with regard to liability and defense 01 8u1t8 arising from the operations and uses performed by or on behalf of the named Insùrèd. With respeCt to claIms. arì8ing out Of the operations and uses performed by or on behalf of the named Insured. Buoh In8urance as \8 afforded by thIs policy Is prlmaty and is not additional to or contributing with any other Insurance carried by or for the benefit of the additional Insureds. . .. . 2. '. 3. This Insurànce applies separately to each Ineured against whom claim Is made or suit is brought except wllh reapeet to the company's IImI1s of liability. The. InclusIon 01 any person or organ11atlon 88 an insured shall not aftect any rIght which such person or organization would have 8S a claimant If. not 80 l~clUded.. With respeot to the additional Insureds, this Insurance &hall not be cancelled or . materia II)' reduced In covlt8Qtl Ot 11m lIB except after thirty (;Sq) days written notice has been gillen to the City of Santa Ana, 20 Clvlo Center Plaza. Santa Ana, California 92701. . . 4. '. (Completion 01 I he following, inéludlng countersignature, is required to make this. endorsement effective.) . . . Effective -..l"n""T'Y 11. 200". I this endorsement form Is a part of Policy No. t:r.f"'I-:t7":t1 n"',:,n . . lSQuad to "'1H"m';~i:' Ciill Pagifis, I..LC Named Insured 8'd .: Countersigned by ~:1'I,1sc::Ct,,¡r\Cult or ¡f\.U~l\ce ~i,iønftl elldon.ùl1'1tru APPROVED AS TO FORM . .~¿/L "'Las. . ura tltt Sheedy ASSIstant City Attornet:il", t t.l "'88'60 SO O~ uer ACORD. CERTIFICATE OF LIABILITY INSURANCE CSR ND I DATE (MMIDDIYYYY) CUMCA03 03/01/05 PRODU~R . THIS CERTIFICATE is ISSUED AS A MATTER DF INFORMATION , ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Woods & Grooms, Inc. HOLDER. THIS CERTiFICATE DOES NOT AMEND. EXTEND OR 529 Washington Street AL TEll THE COVERAGE AFFORDED BY THE POLICIES BELOW. Columbus IN 47201 Phone:812-373-4435 Fax: 812-373-4445 INSURERS AFFORDING COVERAGE NAIC# INSURED N - ;}-.V{) 1- /53 INSURER A- Zurich API.riOa In.~r",nOQ Co. 0212 INSURER B Z1.II:ioh ~ria. Insur¡¡nC8 C3?'P 0212 cumm~ns Cal Pacific LLC INSURER C 1939 Deere Avenue IN5URf;¡'¡ D. Irvinø CA 92606 INSURER E" COVERAGES 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 THLS C¡;;RTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL.ICIES DESCRIBED HEREIN \5 SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUC.FD BY PAID ClAIMS LTR ftSR TYPE OF INSURANCE GENERAL LIABILITY X~MERC\Al GENfRAL UABIllTV I -.J CLAIMS MADE ~ OCcuR X Broad Form Liab X Contractual Liab GEN'L AGGREGATE LIMIT APPLIES PER. X ~f8r LaC AUTOMOBILE LIABILITY X ANY AUTO B x B B B x B B B ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS X Auto Phys Damage B x GARAGE lIABlUTY X ANY AUTO A EXCESs/UMBRELLA LIABIUTY X X OCCUR 0 CLAIMS MADE x D!:DUCTIBLE RETENTION 110 000 B WORKERS COMPENSATION AND EMPLOYERS'LIABILlTY ANY PROP:tlETùRiPARïNŒIE;<EGUïï.,iE OfFICERtMEMBER EXCLUDED? ~~~~I~~~W¡;'V~~~~~s below I OTHER Property Insurance A POLICY NUMBER - P DATE MMroDIYY DATE MM/DDIYY EACH OCCURRENCE GL0373102201 03/01/05 03/01/06 PREMISES (Ea occ;ureoœ MED EXP (Any one per50n) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGG COMBINED SINGH LIMIT (Eaa~dent) BOO',L Y INJURY (Perp8fMn) BAP373102101 03/01/05 03/01/06 BODilY INJURY (Peraccldenl) PROPERTY DAMAGE (Peracddonl) AUTO ONLY. EA ACCIDENT BAP373102101 03/01/05 03/01/06 OTHER THAN AUTO ONLY. UMB373880401 03/01/05 03/01/06 EACH OCCURRENCE AGGREGATE UMIT5 $ 1,000, _°00 $ Included .5,~ .1 000,000 '.2,000,000 .2,000,000 s 1,000,000 . . . .1,000 000 EA ACC S AGG $ .5,000,000 .5 000,000 . . . WC373102301 03/01/05 03/01/06 X TORY LIMITS E,L~ ~ACH_~9~~~~~-- ~~QQ9~ -..---- H.OISEASE-EAEMPlOYEE $1000000 E.L DISEASE-POLlCYL\MIT $1000000 CP0373880301 03/01/05 03/01/06 Spec Form RC DESCRIPTION OF OPERA nONS I LOCATIONS I VEHICLES I eXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS DieBel engine sales and sérvice. The City of Santa Ana, its offìcers, emmployees, agents, volunteers, and representatives are added as additional insur9ds for work pérformed, but only as respects to Cummins Cal Paci~ic, LLC's so~e negligence. fax 714-647-6944 fax 949-253-6080 CERTIFICATE HOLDER CANCELLATION ER A DEPOTSA SHOULD ANY OF THE AÐOVE DESCRIBED POLlCIE:5 81: CANCI!LLED BEFORE THE EXPIRATION DATE 'THEREOF, THE ISSUING INSURER WILL EIJBEA.ðK TO MAIL ~ DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BtJT ñl.,ll:.t:I[1[ 18 88 !- un...t:.-l. The Depot as Santa Ana Carolyn Fullerton 1000 East Santa Ana Blvd. #108 Santa Ana CA 92701 APPROVED AS 'TO ACORD 25 (2001/08) 2'd RErREa[WM.,.~a, IMP ee.E liB BBI:-I& d16U fll. t.l !Itl'f'. tjr n ~'v Kll\ln IIPnl\l TI-I,. 1N.<¡Lllu.a IT" . ^P"tll1J' QA @ ACORD CORPORATION 1988 .~ I ... - VId'J / è.. ;/ ura Stitt S~edY Assistant City Attorl1c~ 1:;1" 11.1 "85:80 50 EO "'''101 . ."",.... ........ ........,,,,, . "YO" ."........ - ~...-..- ... .... . .--.--- THIS SHEET MUST BE COMPLETED AND ACCOMPANY THE CERTIFICATE OF INSURANCE E'd ADDITIONAL INSURED ENDORSEMENT Insurance company 7.".,.; ch Amari Ca Insurance Co. This endorsement modifies such insurance as is afforded by the provisions of PoHcy No. r.r.n ~ 711 n" n 1 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, Its offICers, employees, agents, and representatives Ire named 115 additional insureds ("additional insureds') with regard to liability Bnd defense of suits arising from the operations and uses performed by or on behall of the named insured, With respect to claims arising out of the operations and uses pertormed by or on behe" of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other Insurance carried by or for the benefit of the additional insureds. 2, 3, This Insurance applies separately to each insured against whom claim is made Dr suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any righl which such person or organizalion would have as a claimant If nol so included, With respect to the additional insureds, this Insurance shall not be cancelled or . materially reduced in coverage or limits excepl after thirty (30) days written notice has been given to the City of Sanla Ana, 20 Civic Center Plaza, Santa Ana, California 92701. 4. (Completion of Ihe following, including countersignature, is required 10 make this endorsement elfeclive,) Effective , Ihis endorsemenl form is a pari of Milrc-h ~ ?nn¡:;: . Policy No. c:r.n17l1n77()1 Issued 10 ThR nppnt ~~ ~~r.A Än~ Named Insured :ounterS¡gned by ftU.<id£ J:;",ùC..4/ APPROVED AS TO FORM ~2/~ / aura Stitt Sheedy Assistant City Attorn~\. 1:1"11.1 "8S:80 SO ED ~"W