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HomeMy WebLinkAboutSAN JOAQUIN CHEMICALS, INC. - 2007INSURANCE ON FILE WORK MAY PROCEED UNTIE INSURANCE EXPIRES cq CLERK OF OUNCIL DATE; ~-t6-oFS FIRST AMENDMENT TO AGREEMENT N-2007-096-01 Mar ;o Ghizzi THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 1, 2008, by and between San Joaquin Chemical Inc, a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City„). RECITALS: A. The parties entered into Agreement #N-2007-096, dated August 13, 2007, (hereinafter "said Agreement") by which Consultant has provided water treatment services for City's Police facilities. B. In accordance with the terms and conditions of said Agreement, the parties have wish to extend the term to provide for the uninterrupted provision of services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 3, TERM, shall be amended to extend the termination date through June 3Q, 2009. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: PATRICIA E. HEA Clerk of the Council APPROVED AS TO FORM: OSEPH W.FLETC R City Attorney C~^CV~~~`~ ~ FRANCISCO GUTIERREZ Executive Director - FMSA From: Darlene Ayala, C.LS.R. At: Dibuduo 8 Defendis Insurance Brokers, LLC Faxl D: 5594317941 To: Thao Vue Date: 7/92008 10:54 AM Page'. 2 of 7 SANJOAQ-02 AYDA ACORDTM CERTIFICATE OF LIABILITY INSURANCE DnT7/912008 PRODUCER (559) 432-0222 DiBUduo & DeFendis Insurance Brokers, LLC License #DE02096 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. P.O. Box 5479 Fresno, CA 93755.5479 ' INSURERS AFFORDING COVERAGE NAIL # INSURED San Joaquin Chemicals Inc. INSUeEeA American International Specialty Lines 4684 East Hetlges Ave INSUREF R Commerce & Industry Insurance Company Fresno, CA 93703-0000 msuaER c State Compensation Insurance Fund I ws~aEH u i INS~RERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTM'ITH5iANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY COMRACT OR OTHER DOCUM ENi WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DO'L POLICY NUMBER POLICY EFFECTIVE POLICY E%PIR0.TON LIMBS GENERAL LINBILfLY 'EACH O:,CLRRENCE $ 1,000,000 A X X COMMERCIAL GJJEWt ~IAal_Ilr 7004964 4130!2009 4130!2009 ~PeEmisas (Ea c«urancel $ 300,000 CL°JIdS MMF ~ OCCLR i MED EXF (Any ore xm~) $ S, DDO '~ PEROCNh dPD'J INJIJn'Y 5 1,000,00 GENEPALtiGREGATE $ 2,000,00 3ENLAGOFE5.4T2'JNIT APPLIES PER PRODUQS-COMPlOP AGG $ 2,000,000 ~~ PR0. X POLiGY LO" AUTOMOBILE LIABILITY ', C`MBMED SWG FIJ~IT $ 7,000,00 ~ B ~ ANr Au-o 7004966 (Ee aoom6M7 413012009 413012009 uL OwrvLD AUros HOOILr mvuar $ SCk£DULED AJrOS '~ 'i (Fer J°rsa~) X ~ HFED PLT:'S OO_ILY IN.,UFY $ X NOIaOWNFD:WTCS Per eco eenry -.... __.. ' '6GPERTI'DAMAGE I5 ;Par ecceenry GARAGE LINBILITY Alf OCNLY-EA ACCIDENT ~5 ,ANY Al1T0 ETHER THAM1 EA ACC $ AV OCNLV. ~~ $ E%CESSNMBRELLA LIABILITY FACT CCCUFREVC _ '$ S,000,OO A ~ occua ~ CLAIMS rwD=_ 7004965 4130@008 4130@009 __. _ AGeREG.mE $ 5,000,00 1 ~ DEDUCrIELE $ - _.._ _. _ X FETEVrlala g 10,000 s JJC 5'A1L- o H- Y WORHERSLOMPENS0.TIONANO ` TOFU LIMITS EP L. EMPLOYERS' LIABILITY 168187509 612912008 612912009 e L. EFo- Accl°ENr $ 1,000,000 ANV =RGPRIETOreIFARTNEfaEfECUTIVE 000 000 1 ORICEFMIE+ABER EACLJDEDI EL. DISE,YE-EA EMPLQYEE , , S Il~ee beambe~aba, SPECL4. PROVISIONS belsn EL DISEASE-POLICi LIMIT 1,000,000 $ OTHER A Pollution Liability 7004964 4/3012008 413012009 St,DOD,ODD S25,D00 Ded OESCRIPTON OF OPERATIONS I LOCATIONS / VEHICLES! E%CLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Cancellation: Ten day notice of cancellation will apply for non-payment of premium. eRlilcate holder is nametl as additional Insured as respect to general Ilablllty per attached AIG Company Form. Its oiflcers, employees, agents, volunteers and respresentatives are also named as atltlitonal Insureds CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATIDN City of Santa Ana O0.TE THEREOF THE ISSUING INSURER WILLAWL~jHMAIL 3O DAYS WRnTEN Bui Itling Maintenance Division NOTICE TO THE CERTIFICATE HOLDER NAMED TD THE LEFT, BDt7tXC(DtQCltlTh71{Xd(iH7DL 20 Civic Center Plaza #M-17 ' -t '`%'~1 a~~x#~'~K121ffiX`X~XdEl6ttd(dtrMD4d~FXdPd~L~(X~Dt~Y+1~dkXXX Santa Ana, CA 92702- ~ x8l')EiLtOfd'iXEidE9( ~ _ _ AUTHORIZED REPRESENTATIVE /y- ~,. ^ ACORD 25 (2007108) ~ ~ACOnu coI%HUH,cI Iorv Taaa From: Darlene Ayala, C.LS. R. At Di6uduo 8 Defendis Insurance Brokers, LLC FakID: 5594317941 To: Thao Vue Date: 7192008 10:54 AM Page: 3 of 7 SANJOAO-02 AYDA 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 Certif cafe 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. rsoolr9et From. Darlene Ayala, I:.LS.R. AT. Dibuduo & Defendis Insurance Brokers, LLC Faxl D: 5594317941 To: Thao Vue Date: 7/9RDD8 1D:54 AM Page: 4 of 7 Thls andorsernent, effective 12:01 AM, Forms a part of Policy No: 7004964 Issued to: SAN JOAQUIN CIiEMICALSr INC. By: AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS ENDORSEMENT -PRIMARY AND NON-CONTRIBUTDRY This endorsement modifies insurance provided under the fallovdng: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEDULE Name of Person[sl or Organization(s) (Vendorl: WHERE REQUIRED BY WRITTEN CONTRACT. Your Products: PRODUCTS OF INSURED. Solely as respects Coverages A, C, E•1, E-2 and E-3, if applicable, SECTION II -WHO IS AN INSURED is amended to include as an insured any person(sj or orgenizafion[sJ (referred to herein as the "vendor") shown in the Schedule above, but only vath respect to bodily injury, property damage, or enviranmantal damage arising out of your products shown in the Schedule shove which era distrihutad or sold in the regular course of the vendor's business, subject to sll of the terms and conditions of this Policy and the additional following exclusions, terms and conditions: 1. The insurance afforded the vendor does not apply to: a. Bodily Injury, property damage or envlronmantat damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to Liability for damages that d1a vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in your product made intentionally by tho vendor; d. Repackaging, except wklen unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 9616417/07) PAGE t OF 2 CI3128 From', Darlene Ayala, C.LS.R. At Dibuduo & Defendis Insurance Brokers, LLC FaxID: 5594317941 To: Theo Vue Date: 7/9/2e00 70:54 AM Page: 5 of 7 ENDORSE.ME.NT NO. IContinued4 e. Any failure to make such inspections, adjustrrienis, tests: or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of 6uslness;,in connection vHth the distribution or sale of your product; f. DemonsVation, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection vdth the sale of your product; g. Your product which, after distribution or sale by you, has been labeled or relabeled, or used es a container, part or ingredient of any other thing or substance, by or for the vendor; or h. Bodily injury, property damage or environmental damage arising out of the sofa negligence of the vendor for its own acts or omissions. or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: ' 11) The excep4ons contained in Sub-paragraphs d, or i. above; or 121 Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of your product. 2. This insurance does not apply m any products you have acquired from a vendor, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Solely vhth respect to the coverage afforded to the vendor pursuant to this Endorsement, SECTION IV- CONDITIONS, paragraph 4. Other Insurance is deleted in its entirety and replaced with the following: 4~ Otherlnsurance This insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such vendor whether primary, excess, contingent, or on any other basis. All other terms, conditions and exclusions shall remain the same. `~~ AUTHORIZED REPRESENTATIVE or counl8rsignature (in states where applicable) 95164 {7/07) PAGE 2 OF 2 CI3128 From. Darlene Ayala, C.LS.R. At: Dibuduo 8 Defendis Insurance Brokers. LLC FaxID: 5594317941 To: Theo Vue Date: 7/920x8 10:54 AM Page: 6 of 7 ENDORSEMENT NO. 3 Thls endorsement, eftectlve 12:01 AM, April 30, 2008 Forms a part oT Pollcy No: EG 7004964 Issued to: SAN JOAQUIN CHEMICALS, INC By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS ENDORSEMENT -PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEDULE Name of Person(s) or Organlzatlon(s} (Vendor): WHERE REQUIRED BY WRITTEN CONTRACT. Your Products: ALL PRODUCTS SOLD BY THE NAME INSURED Solely as respects Coverages A, C, E•1, E-2 and E•3, if applicable, SECTION II -WHO IS AN INSURED is amended to include as an insured any person(s) or organization(s) (referred to herein as the "vendor") shown in the Schedule above, but only with respect to bodily InJury, property damage, or envlronmental damage arising out of your products shown in the Schedule above which are distributed or sold in the regular course of the vendor's business, subject to all of the terms and conditions of this Policy and the additional following exclusions, terms and conditions: 1. The insurance afforded the vendor does not apply to: a. Bodily InJury, property damage or envlronmental damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability far damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in your product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 95164(7!07) C13128 PAGE 1 OF 2 INSURED'S COPY From'. Darlene Ayala, C.LS. R. At: Dihuduo & Defendis Insurance Brokers, LLC FaxID: 5594317941 To: Theo Vue Date: 7h32008 10:54 AM Page: 7 of 7 ENDORSEMENT N0. 3 (Continued) e, Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of your product; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of your product; g. Your product which, after distribution or sale by you, has heen labeled or relabeled, or used as a container, part or ingredient of any other thing or substance, by or for the vendor; or h. Bodily InJury, property damage or environmental damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f, above; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of your product. 2. This insurance does not apply to any products you have acquired from a vendor, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Solely with respect to the coverage aHarded to the vendor pursuant to this Endorsement, SECTION IV- CONDITIONS, paragraph 4. Other Insurance is deleted in its entirety and replaced with the following: 4, Otherlnsurance This insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such vendor whether primary, excess, contingent, or on any other basis. All other terms, conditions and exclusions shall remain the same. AUTH RIZED REPRESENTATIVE or countersignature (in states where applicable) 95164 (7/07) CI3128 PAGE 2 OF 2 lNSURED'S COPY