HomeMy WebLinkAboutORTCO, INC. - 2008City of Sang Ana
AGREEMENT TERMINATION
Clerk of the Council
Please complete this form when the attached agreement is no longer in effect.
Return form to the Deputy Clerk of the Council (M-36). Call 647-5238 if you have any questions.
The agreement with
No.
and final payment has been made.
Revised 05-22-08
was completed on 311 axo
Department: �.
c �'►� 1
Signature:
Date:
City of Santa Ana
Clerk of the Council
INSURANCE ON FILE N-2008-089
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
1- Oq
CLERK OF COUNCIL
DATE: -7- i 7 - C AGREEMENT
ck; „sTHIS AGREEMENT, made and entered into this 30" day of June, 2008 by and between
Ortco, Inc., a California Corporation (hereinafter "Contractor', 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").
RECITALS
A. The City desires to retain a contractor having special skill and knowledge in the
field of providing labor and materials to prepare a construction site for concrete
work at Logan Park playground. This includes the installation of a 2-seat swing,
construction of turndown curb and concrete curb connectors and preparing the
area for installation of rubberized surfacing.
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:
1. SCOPE OF SERVICES
Contractor shall perform those 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 $6,000 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
August 31, 2008, 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 of
Parks, Recreation, and Community 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, 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 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 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 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, 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. 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 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.
6. INDEMNIFICATION
Contractor 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 Contractor or its subcontractors,
agents, employees, or other persons acting on their behalf which relates to the services
described in section 1 of 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 asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
7. 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.
8. 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: 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 Parks, Recreation, and Community Services
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 571-4235
To Contractor: ORTCO, Inc.
2163 N. Glassell Avenue
Orange, California 92865
Telefacsimile 714-998-3996
A party may change its address by giving notice in writing to the other party.
Thereafter, any communication shall be addressed and transmitted to the new address. If
sent by mail, 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 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.
9. 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, the 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.
10. 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.
11. 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 Executive Director 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.
12. 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.
13. 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.
14. 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 m 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:
LautVa Sheerly
Assistant City Attorney
CITY OF SANTA ANA
All
DAVID N. REAM
CityManager
RECOMMENDED FOR A_PPPR VAL: CONTRACTOR
u
GERARDO MOUET (NAME)n`
Executive Director o (Title) /'Y j
Parks, Recreation, and Community Services
Tax ID# (p517(pg3
EXHIBIT A
QUOTE #2008-329
5/20/2008
Logan Park Project
Item
Description THY
COST
Swings
Installation of 2 seat swing 1
$750
Curb
Construction of turndown curb 115
24
Curb
Construction of concrete
connector curb 33
24
Prep
Rubber prep area with
compacted base material 555
2.75
Delivery
To be delivered to ORTCO where
offload and storage up to 30 days to be
billed accordingly. Offload to another
location is to be coordinated to enable work to
proceed same day. Special trips to offload
only, may be subject to service charge
Prices good for 60 days
Total
$750
2,760
792
1,526.25
TOTAL $5,828.25
Contractor understands and agrees that City will pay for swings and Orange County
Community Foundation will pay for Curb and Prep.
34933E3
ACORD CERTIFICATE OF LIABILITY INSURANCE
1 °ATE 7/14/2IMIRMonl1Y)008
PRODUCER Complete Insurance, Inc.
19000 MacArthur Blvd. PH Floor
Irvine, CA 92612
(949)263-0606
w .Completelnsurance.com
INSURED Ortco, Inc.
2163 N. Glassell Avenue
Orange CA 92186
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 NAIL N
INSURER A: Admiral i�rano omoanv __
NSURER B: The Netherlands Insurance Company
_-
INsuRER ¢Oak River Insurance Company
"SURERD: _
INSURERS
_
nveeAGES
V 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 ALLTHE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
'L L41POLICY
NUMBER
POLICY EFFECTNE
POLICYEXPIMTION
DAM HIMOMD
LIMITS
A GENERALLIABILITY
EACHOCCURRENCE
S 1,000,000
DAMAGETORENT
PROMISES(Ea.rcarence
_
E 50,000
11 COMMERCIAL GENERAL LIABILITY CA000005173-05 612U2008
6/21/2009
s Excluded
CIAIMSMACE OCCUR,
MEDEXP(MyUno;*a
PERSONAL A AM INJURY
S_ , 1000, DOO_
f
GENERAL AGGREGATE ',s 2,000,000
i
I GEN'LAGGREGATE LIMIT APPLIESPER '.
PROCUCTS-COMPIOPAGG S 2,000.000
POLICY' T% PHO LOG"
B L AUTO MOBILELIABILITY
COMBINED SINGLE LIMIT
S
ANY AUTO BA9830185
6/21/2008 6/21/2009
IEaaommt)
1,000,000
BODILY INJURY
ALL OWNED AUTOS
IS
(Per
SCHEDULEDAUTOS
BODILY INJURY
f HIREDAUTOS
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(PeramdanO
PROPERTY DAMAGE
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RETENTION S
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WORKERS COMPENSATgNAND C EMPLOYERS'LIABILITY 22880008099071 101112oD7 10/1/2008
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O�FIDERMEIM EREXCLUDEOVAN DRIPINER(EXECUTIVE
EL. DISEASE -EA EMPLOYEE
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E.L. DISEASE- POLICY LIMIT
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IryaA deamhe under
SPECAL PROVISIONS W.
OTHER
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Job#164666- Logan Park equipment installation
Certificate Holder is additional insured as respects General Liability per forms CG20100704 and CG20370704,
and Auto Liability per form GECA7010107, but onlyy if required byy written contract with Named Insured prior to an
Wording form AD06571203, Blanket Waiver of Subrogation
occurrence. Blanket Primary and
form CG24041093 apply to General Liability. Subject to all policy terms and conditions.
RE. Job#164666- Logan Park equipment installation
City of Santa Ana
Logan Park
20 Civic Center Plaza
Santa Ana
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUINO INSURER WILL ENDEAVOR TO MAIL ,30* DAYS WRITTEN
HOME TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
--------- 10 Days for Non -Payment of Premium
CA 92701 AUTHORMEDREPRESENTATIVE / _
aAJ
ACORD 25 (2001108) `-' """^" ""^E"^^ """ .—
Ortco, Inc.
7/14/2008
Policy Number: CA000005173-05
CG 20 37117 04
Effective Date -
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or antzatioa a
Location And Description Of Completed Operatilons
Blanket where reauired1by
written contract— _
Information required to complete this Schedule if not shown above will be shown in the Declarations.
Section H — Who Is An Insured is amended to include
as an additional insured the persdm(s) or organization(a)
shown in the Schedule, but only with respect to liability
for "bodily injury" or "property damage" caused, in whole
or in part, by "your work" at the location designated and
described in the schedule of this endorsement performed
for that additional insured and included in the "products -
completed operations hazard".
CG 20 37 07 04 ® ISO Properties, Inc., 2004 Page I of 1 0
Ortco, Inc.
7/14/2008
POLICY NUMBER: CA000005173-05 COMMERCIAL GENERAL LIABILITY
CG 2010 07 04
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 Parsons)
Or Or n ization a :
Locations Of Covered Operodons
Blanket where required b
written contract
Information required to complete this Schedule If not shown aboM will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown In the Schedule, but only
with respect to liability for "bodily injury', "property
damage" or "personal and advertising injury'
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The ads or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional Insured(s) at the location(s) desig-
nated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injury' or
"property damage" occurring after.
1. All work, including materials, parts or equip-
ment 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 in-
tended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a princi-
pal as a part of the same project
CG 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0
Ortco, Inc.
7/1412008
Policy Number: CA000005173-05
AD 06 57 12 03
Effective Date:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY/NON-CONTRIBUTING INSURANCE
ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
ANY PERSON OR ORGANIZATION QUALIFYING AS AN INSURED UNDER THE ADDI-
TIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS ENDORSEMENT FORM AT-
TACHED TO THIS POLICY.
It is agreed that Commercial General Liability
Coverage Form CG 00 01 Section IV paragraphs
4.b. and 4.c. do not apply with respect to other
valid and collectible Commercial General Liabil-
ity insurance, whether primary or excess, avail-
able to the person or organization shown in the
Schedule and:
1) Who is an insured rmder an Additional Insmed-
Owners, Lessees or Contractors endorsement at-
tached to this policy; and
2) Who requires by specific written contract
that this insurance is to be primary and/or
non-contributory to other valid and col-
lectible insurance available to that person
or organization.
This endorsement does not change the scope of
coverage provided to the person or organization
by any Additional Insured endorsement.
All other terms and conditions remain un-
changed.
AD 06 57 12 03 Page 1 of 1
Ortco. Inc.
7/14/2008
POLICY NUMBER: CA000005173-05 CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS
OF RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person of Organization:
Blanket where required by written contract
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US Condition (Section IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS) is amended by the
addition of the following:
We waive any right of recovery we may have against the
person or organization shown in the Schedule above be-
cause of payments we make for injury or damage arising
out of your ongoing operations or "your work" done under
a contract with that person or organization and included in
the "products -completed operations hazard." This waiver
applies only to the person or organization shown in the
Schedule above.
CG 24 04 10 93 Copyright, Insurance_,%rvlces Offices, Inc., 1992 Page 1 of 1
Ortco, Inc. BA9830185 7/14/2008
COMMERCIAL AUTO GOLD ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modes insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SECTION It - LIABILITY COVERAGE
A. COVERAGE
1. WHO IS AN INSURED
The following is added:
d. Any organization, other than a partnership or joint venture, over which you maintain ownership or
a majority interest on the effective date of this Coverage Form, if there is no similar insurance
available to that organization.
e. Any organization you newly acquire or form other than a partnership or joint venture, and over
which you maintain ownership of a majority interest. However, coverage under this provision
does not apply:
(1) If there is similar insurance or a self -insured retention plan available to that organization; or
(2) To "bodily injury" or "property damage" that occurred before you acquired or formed the
organization.
f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow
in your business or your personal affairs. Insurance provided by this endorsement is excess over
any other insurance available to any, volunteer or employee.
g. Any person, organization, trustee, estate or governmental entity with respect to the operation,
maintenance or use of a covered "auto" by an insured, if:
(1) You are obligated to add that person, organization, trustee, estate or governmental entity as
an additional insured to this policy by:
(a) an expressed provision of an "insured contract", or written agreement; or
(b) an expressed condition of a written permit issued to you by a governmental or
public authority.
(2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after:
(a) You executed the "insured contract" or written agreement; or
(b) the permit has been issued to you.
GEC*701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page Iof4
2. COVERAGE EXTENSIONS
a. Supplementary Payments.
Subparagraphs (2) and (4) are amended as follows:
(2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required
because of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning
up to $500 a day because of time off from work.
SECTION III - PHYSICAL DAMAGE COVERAGE
A. COVERAGE
The following is added:
5. Hired Auto Physical Damage
a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners
or members of their household is a covered "auto" for each of your physical damage coverages.
b. The most we will pay for "loss" in any one "accident" is the smallest of:
(1) $50,000
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality.
If you are liable for the "accident', we will also pay up to $500 per "accident' for the actual loss of
use to the owner of the covered "auto'.
c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by
an amount that is equal to the amount of the largest deductible shown for any owned "auto" for
that coverage. However, any Comprehensive Coverage deductible shown in the Declarations
does not apply to "loss" caused by fire or lightning.
d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a
driver and excess over any other collectible insurance for any covered "auto' that you hire with a
driver.
6. Rental Reimbursement Coverage
We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you
for the rental of an "auto' because of "loss" to a covered "auto'. Rental Reimbursement will be
based on the rental of a comparable vehicle, which in many cases may be substantially less than $75
per day, and will only be allowed for a period of time it should take to repair or replace the vehicle
with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500
for reasonable and necessary expenses incurred by you to remove and replace your materials and
equipment from the covered "auto".
eec.e 701 (01ro7) includes copyrighted material of Insurance Services Offices, Inc. with ifs permbaioo Page 2 of 4
If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay
under this coverage only that amount of your rental reimbursement expenses which is not
already provided under paragraph 4. Coverage Extension.
T. Lease Gap Coverage
If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured -
Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any
difference between the actual cash value of the "auto" at the time of the loss and the "outstanding
balance" of the lease.
"Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts
representing taxes; overdue payments; penalties, interest or charges resulting from overdue
payments; additional mileage charges; excess wear and tear charges; and lease termination fees.
B. EXCLUSIONS
The following is added to Paragraph 3
The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not
apply to the accidental discharge of an airbag.
Paragraph 4 is replaced with the following:
4. We will not pay for "loss" to any of the following:
a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with
audio, visual or data electronic equipment.
b. Equipment designed or used for the detection or location of radar.
c. Any electronic equipment that receives or transmits audio, visual or data signals.
Exclusion 4.c does not apply to:
(1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not
designed solely for the reproduction of sound, if the equipment is permanently installed in the
covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by
use of the power from the "autos" electrical system, in or upon the covered "auto"; or
(2) Any other electronic equipment that is:
(a) Necessary for the normal operation of the covered "auto" or the monitoring of the
covered "auto's"operating system; or
(b) An integral part of the same unit housing any sound reproducing equipment described in (1)
above and permanently installed in the opening of the dash or console of the covered "auto"
normally used by the manufacturer for installation of a radio.
D. DEDUCTIBLE
The following is added: No deductible applies to glass damage if the glass is repaired rather than
replaced.
GEC% 701 101/07) Includes copyrighted material of Insurance Services offices, Inc. with its permission Page 3 of 4
SECTION IV. BUSINESS AUTO CONDITIONS
A. LOSS CONDITIONS
Item 2.a. and b. are replaced with:
2. Duties In The Event of Accident, Claim, Suit, or Loss
a. You must promptly notify us. Your duty to promptly notify us is effective when any of your
executive officers, partners, members, or legal representatives is aware of the accident, claim,
"suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not
imply you also have such knowledge.
b. To the extent possible, notice to us should include:
(1) How, when and where the accident or loss took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the accident or loss.
The following is added to 5.
We waive any right of recovery we may have against any additional insured under Coverage A. 1.
Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of
a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit.
B. GENERAL CONDITIONS
9. is added
9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Your unintentional failure to disclose any hazards existing at the effective date of your policy will not
prejudice the coverage afforded. However, we have the right to collect additional premium for any
such hazard.
COMMON POLICY CONDITIONS
2.b. is replaced by the following:
b. 60 days before the effective date of cancellation if we cancel for any other reason.
CF.G\ 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 4 of 4
ACORD CERTIFICATE OF LIABILITY INSURANCE
-- - --
°°"n"`E" sue.-t'IC{eL tn5uranCe. Irn----`--`-' INTI CERTIFICATE IS ISSUED AS A t11I
ONLY AND CONFERS NO RIGHTS U
IltA7ti h1:tcArlh;p Blvd PF' F;oor I HOLDER. THIS CERTIFICATE DOES NI
Lvina GA 92f;t2 I- ALTER THE .COVERAGE AFFORDED 81
INSURERS AFFORDING COVERAGE
..:.mr•1
PJ. I�lasSetl Avr.nue
r I^mar
,�A. 9;f186
:_.I,.<:n tAtna a!Ins9fanre CnmpdnY
Th¢ NELherldfila InaUEdnl:e Cwnpanp
I..11.1 f)nk Rivet a>aurance C.Yrpany
0ArE 1Mw40.'YVYn
OF INFORMATION
HE CERTIFICATE
END, EXTEND OR
POLICIES BELOW.
NAIC N
:.Aa,l tt iSFE pW-.11 ntx. rY S111 - ._._. -
I. . - ..
tl:° t .i ;Ht.4 F Nqr :3W d ANY :'ri kA T ..a YriNFR IULb MLNT NIT t iE SP1_ i wHlcrN 1115 Al BE I` `4
-N , :N7 'A h, DEDff T. r ra _: i .f>]RIB P'+C REIN 'S>1 in r i LtA[: THE rRpiS +.L "IBY'<r..L /^.PN ' .•.,
':: A.. , iA,,.. IIM1n .+.V :'A i •-h f L.i� 11Y Y i Ll 41kA'•
` °v' :,...0 N YPE!t Pu;YEffk43NE >OIKY ExPiRAtgH IYn,
ry WSfl:t ,rt'vf ldSV!i/,N E. _. ..CAti 1L 3Ef11,LlL21S.
.. .NCa I l0 1}Il
AiF111V 1;13;5;.115 rS, :'I IOnA Fr211200V a ri3O
It'ii Ji1.
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j rTr:PFEWS YRf HSA r"::N nNL
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b Rl4 n{M Lt E a(r,ns r. .AtvNS VENIC.IS .t410H9 M10[>E6 Hv fNDlM4NfN3 YI'F r611'NOda4h,8
RE Ntbti161666 L'_gar. Park ayuipmerrt Installadnn
rcrhecate Ho;dar is ad&TQrIal insured as respects General Liability per firms GG20100704 and CG2037070
:Ind Auto Liability per toms GECA7010107, but onlyy it required byy written contract with Named Insured prior a
occurrence. Giankel Primary Wording form AD06571203 and Brankel Waiver or Subrogation
loan CG24041093 apply to General Liability Subject to all Itol+cy terms and conditions.
,Y.X 1- 3 I t.'IV �I^..-, I.I. r+✓, ,t!li':r .
ay of Santa Ana
Logan Par,
20 CmI Genie, Pll,i,?
SantaAna -'A >+2'ni
ACORD 25 (2001-08)
r. 11, 111 (.t1111
1 UU'I,�fPJ
1 L'IJI I,IJ _I'=
SvrMlt � 1Nti nE 1NE AFOVE nE9CM�ED °dlICH9 BE CANCEEtEO 8EFngE Ir.E EFMPwiI[rN
9IlF ,NFREQY 1EIE IpUING INHUNEfl Wrl'. aNONrYMdO YAII ,,jy,• nn'•9 WRIitFY
N111.F!0,It ce.ne"f.niT Nr1l QEP NAMED If)iMF EEr YNEi.WNYLSUf1+liYOiIACI
,�ESI-NN mrAacN*s nn
10 Day. 10, N." Peymml of P.�rr,�-
nr,Fl.nMtfn NFVNf3ENtx`I�f
Kent BrIpCS
*: ACORO CORPORATION 1488
rt:
>uhn Number `t H'.rHNr�,t '3-t.� CC 21)370744
Effecuve Date
PHIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
Thu em1mwinent modifies insurance provided under the following.
( I \L. (ii.-.NERAL LIABILITY ('OVERAGE PAR'r
SCHEDULE
Ni me Of Additional insured Personlsl
Or OrI----lon(±Lf.ocatlun
mnnmsLur. rcn.tm cd 1�; n,tnnlcve this
section If - Witt, h An Insured r; amrndaf in in, Jude
as <m dd lamial lnsmed The prrwemsl �x trganiLauunls,
:h, ncc m bhc Solt 10c' bn+ u1%1V u-111; respell to lrnf•rlit:'
o•t 'Ndi1v lwtu ' ,t'tVopem: damage' "au>w in "%hole
.,1 m prat, b%'"rne w,ak' .1t the La:dtim dearfmalcd and
Jes,:rit�d m the chodulr ;,f 4hu rn.i"xscmrilt pcTfct?n cd
rta E'.nt; addhumsl :r se:raf and wJ11ded in !he ';T'* acts-
s,nr:Jr:<.,! :+f,rrovun. na-�nni"
CG2031070J '" 1M r Yroper•i c" Inc 3Hr1 Phgel,dl 0
h, lOg
c _ztIUMBER +1Ilot s1111'', 1'-4-it'; COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
'tr. 'indeksement modifies ins„ ranee provided under the fof oohing
.;MMER'IAL L3ENERAL _IAB!UTY COVERAGE PART
SCHEDULE
Name Of Additional Insured Personts)
or Or lanizationis): Locationis) Of Covered Operations
61JoKc.1 'd;,ere !,qulred ti,{'rrI[tcn ,vaL V,ICt
I frrprmahrri 1e11Aued to ccmojete this Scheduleif not shown abovemil ce shown :n the Declarations
A. Section 11 Who Is An Insureds amended to
nNune as An additional insured the personas! or
oqa,^eatfor!s1 shown n the Schedule but only
rIth respect to IVaollity far "bodily injury 'property
damage" or 'personal and advertising injury'
_ause4 it, whole or n part by
1- rour arts c;I orcissions of
2. The acta .x omc;sions of those acting on your
nehd'r
n the performance ^t your ongoing operations for
the adartinnal irsuredisi at the local ianisf des-g-
�atc4 -a Row
CG 20 10 07 04
B. With respect to the insurance afforded to these
additional insureds.. the follovnng additional erclu-
5tons apply
This insurance does not apply to bodily frjury' or
'property damage' occurring agar
1, All work, including materials, parts or egwp-
ment furnished in connection with such work.
on the project (other than service, maintenance
at repairsl to be performed by or on behalf of
the additional msureafs) at the iv adwn -,f the
covered operations has beer completed. or
2. Trial portmn of "your werK' out of 'which the
injury or damage anses has been put to its in,
tended use by any person or organization,
other than another contractor or subcontractor
engaged �n performing operations for a pnnct
pat as a part of the same protect
0 190 Properties Inc, 2004
Page 1 of 1 0