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HomeMy WebLinkAboutDEKRA-LITE 4~ c~~~~r • .W3' t ~ AGREEMENT TERMINATION ?~'~! c~ - Please complete this form when the attached agreement is no longer in effect. C#T~ Return form to the Deputy Clerk of the Council (M-30). Call 647-5238 if ou have ~ ~-. ;'.~~ Y gdestions. .. ,_ --------------------- ______________________ The agreement with ~ ~ ~~~ -~~ ~--~ No. Iy ' ~~ CUC%,~" --- ~ U ~ was completed on (p ~ 0 Q and final payment has been made. Department: ~~~ Signature: Date: p City of Santa Ana Clerk of the Council Revised 05-22-08 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES `{ J , O CLERK OF COUNCIL DATE: SC-.2t. -~~ N-2008-107 O : CDA j~dmlv`. (z~ CONSULTANT AGREEMENT GLW~ lAm2ti THIS AGREEMENT, made and entered into this 20`h day of July, 2008 by and between DEKRA-CITE, a California corporation (hereinafrer "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"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of installing holiday lighting and banners. 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 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: I. SCOPE OF SERVICES Consultant shall install, remove and store City owned holiday decorations, 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 $10,000.00 during the term of this Agreement. b. Payment by City shall be made as follows: • Fifty percent (50%) upon installation of decorations • Fifty percent (50%) upon removal and storage of decorations. Payment shall be made within seven (7) 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 June 30, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Assistant City Manager for Development Services 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 salazies 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 insureds) 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 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 $1,000,000 per occurrence. Consultant 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, 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 of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $ (,000,000 per accident. u. The following requirements apply to the insurance to be provideu by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force anu effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement anu 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 proofthat 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 I of this Agreement. The Consultant 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 the terms of, or effects arising from this Agreement. 7. CONFIDENTIALITY If Consultant receives from 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. 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. 3 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: Clerk of the 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) 647-6939 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: DEKRA-LlTE Mike Sterling 3102 W. Alton Avenue Santa Ana, California 92704 Telefacsimile (714) 436-0612 A party may change its address by giving notice in writing to the other party. 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-tour (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 4 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 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 ofthe 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 the City upon thirty (30) days written notice of termination. 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 oftermination. 13. DISCRIMINATION Consultant 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. 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 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 ot; in connection with or by reason of this Agreement. 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 5 hereunder and required by the laws and regulations of the United States, the State ofCalitarnia, the City of Santa Ana and all other governmental agencies, Consultant shall notity the City immediately and in writing of its 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 indemnity 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. - . CITY OF SANTA ANA ATTEST: PA TRICIA E. HEAL Y Clerk ofthe Council ~~ City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ? "'~ CONSULTANT By: Lallra Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: ~A, > E STERLING General Manager ~YNTH 1. NELSON Assistant ity Manager for Development Services Tax 10# 33 -0031.0070 6 EXHIBIT A SCOPE OF SERVICES Qty Description 71 Installation, Removal and Storage of City owned Pole Decorations 10 Labor install, remove and storage service City owned overhead streamers 270 C9, BOV olt, 7Watt, transparent, clear bulb Refurbishment of flitters for star inserts Sales Discount Subtotal Tax Freight TOTAL Install date Removal Date Nov 1-26,2008 Jan 5-20, 2009 50% due on completion of installation 50% upon removal and storage 7 Unit Price Total $ 85.00 $6,035.00 $460.00 $4,600.00 $ .59 $ 159.30 $3 I 5.00 $ 315.00 ($1,150.00) ($1,150.00) $9,959.30 $33.66 $0.00 $9,992.96 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; their officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out ofthe 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 ofliability. 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 9270 I. (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 8 {..f "".1 r 11'_\ \:" tt',,'. ;,.... '". ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMJODIYYYV) 04/07/2008 PRODUCER Stone Witter Insurance Services, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE POBox 8035 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA Ins Lic OF15720 Agency # 2610 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Long Beach, CA 90808-8035 INSURERS AFFORDING COVERAGE NAIC# 562-420-3422 INSURED INSURER A:. St. Paul f Traveler's Companies 41521 Dekra~Lite Industries, Inc. 3102 W. Alton Ave. INSURER B: Santa Ana, CA 92704-6817 INSURER c: INSURER 0: I INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11~~: PD' POUCY EFFECTIVE POLICY EXPIRATION =, POUCY NUMBER LIMITS [l] GENERAL UABIUTY EACH OCCURRENCE I 1,000,000 g riMERCIAL GENERAL LIABLITY 6600420L552 04/08/2008 04108/2009 I ~=~~J9E~~~r~nce I CLAIMS MADE [Z] OCCUR MED EXP (Anyone person} I 5,000 - PERSONAL & ADV INJURY I 1,000,000 - GENERAL AGGREGATE I 2,000,000 n'LAGG~EnE LIMIT APnS PER: PRODUCTS. COMPIOP AGG I 2,000,000 -- POLICY I ~!39; LOC [l] ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT I 1,000,000 pt; ANY AUTO BA1863L705 04/08/2008 04/08/2009 (Eaaccident) ~ ALL OWNED AUTOS BODILY INJURY I 1,000,000 ,.t; SCHEDULED AUTOS (PerpersonJ ,.t; HIRED AUTOS BODILY INJURY ~ NON-QWNED AUTOS (Peraccidenl) I 1,000,000 - PROPERTY DAMAGE I 1,000,000 (Per accident) 0 RGELlABlLfTY AUTO ONLY - EA ACCIDENT I ANY AUTO OTHER THAN EA ACe I AUTO ONLY: AGG I [l] 0~SSIUMBRELLA lIABILITY EACH OCCURRENCE . 2 000 000 I OCCUR 0 CLAIMS MADE CUP6374Y17A 04/0812008 04108/2009 AGGREGATE I . H DEDUCTIBLE I RETENTION I I WORKERS COMPENSATION AND I T'1S.~!f;T.~;, I IOTH- EMPLOYERS' UABIUTY ~Y PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT I OFF1CERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~~I~~r~~V~~NS below E.L. DISEASE - POLICY LIMIT I OTHER OESCRJPTION OF OPERATlONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS The Community Redevelopment Agency of Santa Ana is named as additional insured if required by written contract 30 days NOe except 10 days for non-payment of premium. CERTIFICATE HOLDER City of Santa Ana Downtown Development Division 305 E. Fourth Street, ~Q1 Santa Ana, CA 92701 CANCELLATION COVERAGES ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1!!- DAYS WRITTEN :_ 0 i ~L tNoncE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY 0 KIND UPON E INSURER, ITS AGENTS OR t'J I$~---- REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 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 conier 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. ... ,1 f?5 ACORD 25 (2001/08) --- ."""'" ~"""'" - ~- --- ..--- -= --- c- o::;;;: o ~ - --- , n - - """'" ~- - - - ,~ C- O- - --- ~- . POLICY NUMBER: I -660-0420L552- TI L -08 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 03-1 0-08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-25 POBOX 1988 SANTA ANA CA 92701 PROJECT/LOCATION OF COVERED OPERATIONS: INSTALL 71 WREATH POLE MOUNTS AND 10 OVERHEAO STREAMER 1. WHO IS AN INSURED - (Section II) is amended to include the person or organization shown in the Schedule above, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule. The person or organization does not qualify as an addi- tional insured with respect to the independent acts or omissions of such person or organiza- tion. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by a "written contract requiring insurance" for that additional insured, the insurance provided to the additional insured shall be limited to the limits of liability required by 'lat "written con- tract requiring insurance". This endorsement shall not increase the limits of insurance de- scribed in Section 111- Limits Of Insur!ln~~~ TO FO' ~) b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, fieid or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless a "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only te such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage 001477 CG D2 47 08 05 @ 2005'THe St~)p.aul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is earlier. 3, The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if a "written contract requiring insurance" for that ad- ditional insured specifically requires that this in- surance apply on a primary basis or a primary and non.contributory basis, this insurance is pri- mary to "other insurance" available to the addi- tional insured which covers that person or organi- zation as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional in- sured under such "other insurance". '4: As a condition bt coverage provided to the add~ional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "su~" is brought against the additional insured, the additional insured must: ~ i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. '..' >" ..;, ,-~'..,~, '-~-~ 'l_ '-l,l" Page 2 of 2 @ 2005 The St. Paul Travelers Companies, Inc. CG 024708 05 ( """""" 0== . ........ - ....... 0== 0== 0== r== ....... - ~- ....... ~ .""""" - - - - ~- 0- 0;;;;;;;: - ....... .= - .""""" COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard". 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance", 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an addilionalinsured on tl1is Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. . The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III - Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and . ) /100 I ii. Supervisory, inspection, architectural or engineering activities. ..... .~ 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur. rence" or an offense which may result in a claim. To the extent possible, such notice should include: , . , ",.. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense: .; i. 001460 CG 02 48 08 05 @ 2005 The st. Paul Travelers Companies, Inc. Page 1 of 2 'COMMERCIAL GENERAL LIABILITY b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However. this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. "'... ~ ,(:,~) A~'" T1_~' t"U,~;,l. ~.-. , ,. ,lco 1: '- , 'r' ':\il' c' Page 2 of 2 @ 2005 The St. Paul Travelers Companies, Inc. CG 02 48 08 05 SP POLICYHOLDER copy STATE COMPENSATION INSURANCE FUND p,O, BOX 420807, SAN FRANCISCQ,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE GROUP: 000238 POLICY NUMBER: 0003338-2007 CERTIFICATE 10: 11 CERTIFICATE EXPIRES: 10-01-2008 10_01-2007/10-01-2008 ISSUE DATE: 10-01-2007 SP CITY OF SANTA ANA 20 CIVIC CENTER PLZ M-25 SANTA ANA CA 92701-4058 This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California insurance Commissioner to the employer named below for the policy period indicated, This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will aiso give you 30 days advance notice should this policy be cancelled prior to its normal expiration, This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein, Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions. and conditions. of such policy. ~ ~ ~~,. \JTHORiZED REPRESE:'ATIG EMPLOYER'S LIABILITY LIMIT INCLUOING DEFENSE COSTS: PRESIDENT $1.000,000 PER OCCURRENCE. ENOORSEMENT #IBOO _ JEFFREY LDPEZ. PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #1600 - NANCY LYNN LOPEZ, SECRETARY - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2007 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. i' ~ -~' l' '. ~ TO I'll."" ~ -..--- -- p, ' ,~ :' EMPLOYER DEKRA-LITE INDUSTRIES, INCORPORATED 3102 W ALTON AVE SANTA ANA CA 92704 SP M0410 PRINTED 10-03-2007