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HomeMy WebLinkAboutTSCM Corporation 6.q1ty, of Santa Ana Clerk of the Goest;eit AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return formto the Clerk of the Council Office (M-30).. Call 647-6520 if you have any questions. COTC Office Use Only 2G11 .'N� 26 FIN 3= 53 't s Li INL 14�a t 00iHC1L The agreement with ,L--t' f� bb�—Odd �/((bA)tote �4ry� �moo a—� / No. #/i vZ(�lt� L�UcaB)was completed on Ip and final payment has been made. (List all amendments. Use space below if needed.) /> Deportment: �GL� Phone/Ext.: Signature: Date: Revised 9$23-10 A-2007-005 AGREEMENT FOR PROVISION OF SERVICES THIS AGREEMENT, made and entered into this 17th day of January, 2007, by and between TSCM, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of street sweeping services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform street sweeping services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor 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 $10,000.00 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 Term of this Agreement shall be a twelve (12) month period, with two (2) one-year renewals exercisable by the City under the same terms and conditions hereof. The term of this Agreement may be extended upon a writing executed by the Deputy City Manager for Development Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees 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 from any act or occurrence arising out of Contractor'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 $1,000,000 per occurrence. Contractor shall supply the City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Legal Counsel. 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, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Legal Counsel. (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. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor 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; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor 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 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: and, Deputy City Mgr. for Development Services Community Development Agency - City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 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 Contractor: TSCM 18281 Gothard Street, Ste. 109 Huntington Beach, CA 92648 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 frames, 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 Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor 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 Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager, or his designee, may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, 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. Contractor 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 government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of 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: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: e & — 2' Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: `�Ylam � ac�o tephen G. ding, Deputy City Manager for Development Services CITY OF SANTA ANA David N. Ream City Manager - TSCM: By: e'lam' Name: frank 1 Title: President Tax ID# 33-0383111 7 ra a o� w n ,9 El w a ll w ll a _ z 14 a 44 Ask NOW 24 Oak r� on r 6owy mlllll� MAYOR Miguel A. Pulido MAYOR PRO TEM Lisa Bisl COUNCIL MEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio November 17, 2006 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA • P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 ADDENDUM #1 TO REQUEST FOR PROPOSALS FOR POWER SWEEPING AT THE DEPOT AT SANTA ANA Additional areas to be added to Request for Proposal: • Courtyard • Walkway north and south just outside Courtyard • Utility Drive area at extreme south -end of building • East platform from Santa Ana Blvd. to south -end of property Schedule for sweeping service: CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy • Three (3) times per week - All entrances, drive ways, curbs, parking lots, parking structure levels, bus lane and bus stalls. Two (2) times per week - Courtyard, Walkway north and south of Courtyard, Utility drive area and East platform. Please feel free to contact me if this addendum is not clear or if you have any concerns or other questions. Thank/you, Caro Fauertof���� !yn The Depot at Santa Ana • ATTACHMENT D PROPOSAL This sheet must be completed in full and returned with Offeror's Proposal I. TOTAL BID PRICE $ 825.00 Monthly S 9,900.00 Annually All charges identified with service of this contract must be included in the above total. IL MISCELLANEOUS A. A bid bond of 10% of total amount for first year is included in the proposal. Yes No B. I have seen the respective area upon which I am bidding. Yes X No C. I have completed and attached the Contractor's Qualifications Questionnaire. Yes x No D. I can begin the work called out for in this Request for Proposals on January 1, 2007 Yes X No Ill. PROPOSER'S STATEMENT I have read, understand, and agree to the terns and conditions of all pages of this Request for Proposal. Upon request, I will transfer and deliver services to the City of Santa Ana in accordance with said terms and conditions. Taxpayer I.D. No.: _33=03831 11 Authorized officer (Print): Frank J. Pappano Title: President S Firm Name: TSCM Corporation Address: 18281 Gothard Street, Suite #109 City: Huntington Beach Zip Code 92648 Telephone Number: 714 841 —1 988 Fax Number 714 841 —3222 ACORQ, CERTIFICATE OF LIABILITY INSURANCE of/O5/` zoom PRODUCER (949)756-5730 FAX (949)756-5740 9Tmt Spectrum Risk M &Insurance Services CA Lic. ►OC77485 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSIJIFFRA. NIC Insurance Company NAIL k 36056 74 Discovery Irvine, CA 92618 ffslw® TSCM Corp, 19281 Gothard St.,Ste.109 McLRERE: General Ins. Co. of America 2 umIRERc St.Paul Fire & Marine Ins. Co. Huntington Beach, CA 92648 INSI C) National LlabilityBFire Ins.Co 20052 6URER E 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 INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. MR TYPE OF MBII+ANCE POLICY NUMBER POLICY POLICY EXPMTA LIMf11 A BENEINLLJABLIIY X GCILMERCIPL GENEfDY LIABILITY GWMS NALEOCCUR O6CGL00048101 Ol/Ol/2007 01/01/2008 EACH OCCURRENCE s 1 00010010 DAMA6E TO RENFrEXP 0 i SO, OO MED EIA.WOro Person) i 5,0 PERSOP &ADV INJURY i 1.000.000 GENERAL A REGATE f 2.000,000 GOPL AGGREGATE LIMIT APPLIES PER POLICY X � LOC PRODUCTS - COMP)OP AC4 f 1,000,00 B N-aD OSLELMBM.ITY ANY AUTO ALL OWNED AUROS SC1�.E0 AUTOS HIPEDAUTOS WNOWaEDAN08 01-CE-703426-90 O1/01/2007 Ol/01/2008 COMBIN®SINGLE UMrt (Ea xnderf) f 1 000, OO X KOIL'f INJURY (Par person) IF BODILY INJURY IPeractldera) f PROPERTY OAAWE (Par ecddoN) f GARAGELMBfJRY ANYAUTO RITOONLY-EAACCIDENT f OTHER THAN EA ACC AUTOOWY i C EYCESSI AWREUAU MLITY X OCCUR LTAIMB MADE DEDUCTIBLE X RETENTION f 10, QK04500273 01/01/2007 01/01/2008 EACHxcv+RENCE f 2.000.000 AGGREGATE s 2,000,00 f i f D WORKERSWWENSATIONAND EMPLRYEW LWBfJr OICEXCU� vE Il yyeeaa tl08CflbetYlOYf SPECIPL PROVIBMAKItiiNv� 0100010909-061 07/01/2006 07/01/2007 X WcsrATLu OTH• 5 L. EACH ACCIDENT f 1 OOO 00 EL DISEASE -FA EMPLO i 1,000 O E L DISEASE - POLICY LIMIT f 1, 000, OO OTTBt / DESGPoPTIONOF TMJNBILOOATION81VEMCLEe'Ex DIOW ADOEDWENOORSEMENTISPECMLL PRavWMS e: Parkinggot sweeping services. The City its officers, agents, employees are named additional insureds with resepect to the GL and auto liability per the attached forms. e: Notice below: 10 days notice for non-payment of premium and/Or non -reporting of payroll. City of Santa Ana Attn: Carolyn Fullerton 20 Civic Center Plaza 9-25 Community Development Agency Santa Ana, CA 92701 41IOUL0 ANV OF TIMi ABOVE OESCRIB® POLM:IEi Bfi CANC8I.ED BEFORE THE E%PfaAiION DATE THEREOF. THE ISSUING INBl1RER WLL ENDEAYORTD MAd _ 0 DAYS WRITTEN NOTICE TO'THE CERTIMATE IIDLDER NAMED TO THE LEFT. BUT FAM.URE To MAK SUCH NOTIM 8MMro8E NO OBLIGATION OR LNBLTTY aP ANY WM uPOII THE MSIRTER ITS AGENTS OR REPRESENTATNEI Jim ACORD 25 (2001108) WACOKU CUKPUKA I IUw 111150 Named insured: TSCM Corporation Policy # 06CGL000481 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREWLLY. :A •r • �� or .• . « . .❑ . • This endorsement modifies insurance provided uunndpeerr the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORMS) CG 20 10 1185 SCHEDULE Name of Person or Organbatlon: Any person or organization that the named insured is obliganeo by virtue of a wrilien contract or agreement to provide insurance such as is afforded by this policy, provided the Company is notified In writing within 30 days of the Inception of the contract or agreement, or the buxption of this policy, whichever is I2%K_ WHO IS AN INSURED (Section 10 is amended to include as an insured fhe person or organization shown in the Schedule, but only with respect to liability arising out of "your Wank" for that insured by or for you. The folkrrNng additional provisions apply to any entity that is an. Insured by the terms of this endorsement 1.Prkmry i If required by written contract or agreement: Such insurance as is afforded by trds poky shag be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to iL 2- Waiver of Subroastion If required by written contract or agreement We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for Injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shag apply to any claim arising out of the sole negligence of arty sddltiond insured or any of their agents/employees. 4. This endorsement does not apply to any work involving or relatedto properties Wended for permanent residential or habitational occupancy. The words W and ''your' refer to the Named Insured shown In the Declarations_ 'Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment fumished in connection with such work or operations. ANF 160 (W2003) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001M) ACO T. 01/03/2008) CERTIFICATE OF LIABILITY INSURANCE OATS/Doos PRODUCER (949) 756-5730 FAX (949) 756-5740 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Spectrum Risk Mgmt. & Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA Li c. #OC77485 74 Discovery Irvine, CA 92618 a -7-0 0 S-2(o Fi A•3006-013 A-aoob -3a5 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL # INSURED TSCM Corp. 18281 Gothard St.,Ste.109 Huntington Beach, CA 92648 A'a QQ_l-QQS 21) A A- ao oq -o �-3 INSURER A: Navigators Ins. Co. 42307 INSURER General Ins. Co. of America INSURERC. St.Paul Fire & Marine Ins. Co. INSURER Cypress Insurance Company 10855 INSURER E. COVERAGES nc rULn lip Ur IIVJUrcgrvl.t LlJ 1 tU HtLUW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIM NSR OD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMI POLICY EXPIRATION DATE IMMIDDNYI LIMITS GENERAL LIABILITY 06CCL000491-02 01/01/2008 01/01/2009 EACHOCCURRENCE $ 1,000,00Q GENERAL LIABILITY DAMAGE TO RENTED $ SQ,QOCLAIS MADE I OCCUR MED EXP TCOMMERJOIIIAL (Any one person) $ 5,000 A PERSONAL & ADV INJURY S 1,000,00 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG S 1,000,00C POLICY PRO- JECT LOC AUTOMOBILE LIABILITY 24-CC-153067-2 01/01/2008 01/01/2009 X ANY COMBINED SINGLE LIMIT $ AUTO (Ea acadent) 1,000.000 ALL OWNED AUTOS BODILY INJURY $ R SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per aCCidenl) PROPERTY DAMAGE $ (Pe,accldent) GARAGE LIABILITY AUTO ONLY -EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY QK04500369 01/01/2008 01/01/2009 EACH OCCURRENCE $ 4,000,000 X OCCUR ❑CLAIMS MADE AGGREGATE $ 4,000,00 O C $ XIDEDUCTIBLE$ RETENTION $ 10, 00 WORKERS COMPENSATION AND 3310010909-071 07/01/2007 07/01/2 008 X WC STAru- orH- EMPLOYERS' LIABILITY EL. EACH ACCIDENT D ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? EL. DISEASE - EA E!GLand 00,00 If yes. tlescribe under SPECIAL PROVISIONS be low EL DISEASE -POLI00.00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS e: Parking lot sweeping services. The City its officers, agents, employees are named additional insureds with resepect toto iability per the attached forms. e: Notice below: 10 days notice for non-payment of premium and/or non -reporting of pay The City of Santa Ana Attn: Carolyn Fullerton 20 Civic Center Plaza M-25 - Community Development Agency Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL e49EMV6Ni0 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE ^ 9 Jim Waterhouse/GINNIE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 in7/ias] :Ara►III r If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) L Named Insured: TSCM Corporation Policy # O6CGLOOO481O2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided u nd er th a following- COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 2010 11 85 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respectto liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subro aq tion If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/ employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habliational occupancy (other than apartments). The words "you" and "your' refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF-ES 160 (5/ 2006) Pr d-1 Copy