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HomeMy WebLinkAboutSIMPLEXGRINNELL - 2010 ~ ,~ ~ ~ ~ ~ -~ \:S ,,~ ~ A-2010-057 CONTRACTOR AGREEMENT INCORPORATING COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS THIS AGREEMENT, made and entered into this 51h day of April, 2010 by and between SimplexGrinnell LP (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 ("City"). RECIT ALS A. The City desires to retain a Contractor having special skill and knowledge in the field of the provision and installation of a fire alann system in order to gain compliance with the Technical Assistance Review Report (T ARR) issued by and through the State of California Employment Development Department's Equal Employment Opportunity Office. B. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant CCDBG") Program, desires to enter this Agreement with the Contractor for the expenditure ofCDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. CCDBG Reg's"); and C. Contractor represents that Contractor is not listed as debarred, is able and willing to provide such services to the City, and will comply with the CDBG Reg's. D. 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 provide and install a visible and audible fire alarm system at the Santa Ana Regional Transportation Intermodal Center in order to meet comply with the T ARR pursuant to the Proposal and Plans, dated December 10, 2009, submitted by Contractor, attached hereto and incorporated herein as Exhibit A. 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 contract amount for the services shall be One 1 Hundred Fifty Four Thousand Two Hundred Eighty One Dollars ($154,281) with a 10% contingency of Fifteen Thousand Four Hundred Twenty Eight Dollars ($15,428) for approved and documented required and necessary work, subject to prior approval of the Deputy City Manager. b. The total sum to be expended under this Agreement shall not exceed One Hundred Sixty Nine Thousand Seven Hundred Nine Dollars ($169,709.00) during the term of this Agreement. c. 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 December 31,2010, unless terminated earlier in accordance with Section 9, below. 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, 2 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. 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 Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled 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 by the City. 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, 3 employees, or other persons acting on their behalf which relates to the services described in section I 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 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. CONTRACTOR'S OBLIGATIONS A. No Conflict. To the best of Contractor's knowledge, Contractor"s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Contractor is a party or by which it is bound. B. No Bankruptcy. Contractor is not the subject of any current or threatened bankruptcy proceeding. C. No Pending Legal Proceedings/Debarment. Contractor is not the subject of a current or threatened litigation that would or may materially affect Contractor's performance under this Agreement. Contractor further acknowledges that it is not on the list of debarred contractors. D. No Pending Investigation. Contractor is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance ofthe Agreement or provision of services hereunder. E. Licensing. Contractor agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Contractor shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Contractor's operations hereunder. F. Audit Report Requirements. Contractor agrees that if Contractor receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, Contractor shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Contractor shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. 4 G. Record Keeping/Reporting. Contractor shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. H. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Contractor's activities and performance, to books, documents and papers, and the right to examine records of Contractor's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Contractor are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Contractor and all documents related to this Agreement shall be maintained and kept available at Contractor's office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of an audit in conformity with the CDBG Reg's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Contractor does not make the above-referenced documents available within the city of Santa Ana, California, Contractor agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Contractor shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Contractor shall submit to City and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Contractor, costs incurred and services rendered hereunder. K. Lobbying. Contractor certifies that it will comply with federal law (31 U .S.c. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. Contractor shall sign a certification to that effect in a form as set forth in Exhibit C attached hereto and by this reference incorporated herein. Contractor shall submit said signed certification to City prior to performing any of its obligations under this Agreement and prior 5 to any obligation arising on the part of City to pay any sums to Contractor under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Contractor agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a City-assisted activity of Contractor, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee agent, Contractor, officer, or elected or appointed official of City, or of any designated public agency, or the Contractor. M. Drug Free Workplace. Contractor certifies that it has established the following drug- free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Contractor will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of Contractor and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days ofreceiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. 6 N. Nondiscrimination. Contractor agrees that no person on the ground ofrace, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. o. Conflict of Interest. Contractor agrees that no officer, employee, agent or assignee of City who was involved in the sale of said property, either directly or indirectly, shall serve as an officer of Contractor. Further, any conflict or potential conflict of interest of any officer of Contractor shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by Contractor to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition of Nepotism. Contractor agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Contractor. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister- in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 8. ASSIGNABILITY None of the duties of, or work to be performed by, Contractor under this Agreement shall be subcontracted or assigned to any agency, Contractor, or person without the prior written consent of City. Contractor must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Contractor pursuant to this Agreement. 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Contractor shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Contractor of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, Contractor shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. 7 C. Pursuant to 24 CFR 85.43, in the event Contractor defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Contractor, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. ]0. VENUE/JURISDICTION 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. ] 1. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. ]2. 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, California 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: 8 Deputy City Manager for Development Services City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6549 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 te1efacsimile (714) 647-6515 To Contractor: Simplex Grinnell 1701 W. Sequoia Ave. Orange, CA 92868 (714) 870-1010 (x636) 13. 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 Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency 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. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Wl ~ /J -11v~~ Y' Maria D. Huizar City Clerk DAVID~ City Manager APPROVED AS TO FORM: CONTRACTOR JOSEPH W. FLETCHER City Attorney BY:~~. ~. Lisa Storck Assistant City Attorney By: Johr; Solony 0 District General anager Tax ID# Sg ..- U::>b ~ 8' b ( 10 SifnplexGrinnel1 LP 1 701 W Sequoia Avenue Orange. CA 92868-1015 tl./CD Fire & Security Tele: 714-870-1010 Fax: 714-939-9130 www.simplexgrinnellcom SimplexGrinnel1 Llc.# CA 802591 April 19, 2010 City of Santa Ana Community Development Agency 20 Civic Center Plaza, M-25 Santa Ana, CA 92701 Project: Santa Ana Train Station Subject: Amendment to Contractor Agreement We are currently processing your order and wish to extend our appreciation for your business. We propose the following amendment which is necessary to complete this contract: 1. All documents must be submitted to SimplexGrinnell for review and approval prior to incorporation into the contract documents. 2. Notwithstanding anything to the contrary contained in this contract, SimplexGrinnell shall not be liable for any indirect, incidental or consequential damages, or for the negligence of others. 3. Customer's audit rights are strictly limited to project records contained in the local SimplexGrinnell branch/district office. Customer shall have the right to examine and audit such records at reasonable times during regular business hours upon advance written notice to SimplexGrinnell. 4. Notwithstanding anything to the contrary contained in this contract, SimplexGrinnell shall not be liable for, nor shall Owner make claim for, consequential, incidental or special damages, or for loss of profits or revenues resulting from the failure of SimplexGrinnell to perform as provided in this contract. In no event shall SimplexGrinnell be liable for any damage for performance under this contract in any amount exceeding the total compensation provided to SimplexGrinnell under this contract. 5. SAFETY Act Waiver. Certain of SimplexGrinnell's systems and services have received Certification and/or Designation as Qualified Anti-Terrorism Technologies ("QATT") under the Support Anti-terrorism by Fostering Effective Technologies Act of 2002,6 U.S.C. 99441-444 (the "SAFE1Y Act"). As required under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, SimplexGrinnell and Customer hereby agree to waive their right to make any claims against the other for any losses, including business interruption losses, sustained by either party or their respective employees, resulting from an activity resulting from an "Act of Terrorism" as defined in 6 C.F.R. 25.2, when QATT have been deployed in defense against, response to, or recovery from such Act of Terrorism. Please acknowledge receipt and acceptance by signing both copies of this letter and returning a copy along with a fully executed contract to: SimplexGrinnell LP 1701 West Sequoia Avenue Orange, CA 92868 APiROVED AS TO FORM ~te-- t ~ LISA E. STORCK ~AsSi tant City Attorney City of Santa Ana By: f2 ~ Print Name: DAVID M. REAM If you have any questions, please feel free to call me to discuss this amendment. By: Print Name: John Solonvnko Title: District General Manaqer Title: CITY MANAGER CERTIFICATE OF INSURANCE CERTIFICATE NUMBER 721047 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. Marsh, Inc. 1166 Avenue of the Americas New York, NY 10036 Telephone (212) 345-5000 INSURED COMPANIES AFFOPDING COVERAGE ___._.______ - _n,___ _.___________ .._______~~__ COMPANY A: AGCS Marine Insurance Company (Allianz) COMPANY B: AI South Insurance Co. COMPANY C: Commerce & Industry Ins Co COMPANY D: Illinois National Insurance Co. COMPANY E: Insurance Company of the State of PA COMPANY F: Nat'l Union Fire Ins Co of Pittsburgh, PA COMPANY G: New Hampshire Ins. Co. SimplexGrinnell, LP 1701 WEST SEQUOIA AVE ORANGE, CA 92868 United States COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ~~-l TYPE OF INSURANCE - LTR POLICY NUMBER I POLICY EFFECTIVE I POLICY DATE (MM/DDIYY) I EXPIRATION LIMITS G I GENERAL LIABILITY GL 090-73-63 (Primary GL) 10/1/2009 10/112010 GENERAL AGGREGATE ___ $2,000"000.00 I~""'~ ""MC PRODUCTS - COMP/OP AGG $2,OQQ,000.00 ---...J CLAIMS MADE [XJ OCCU PERSONAL & ADV INJURY 1.000,000.00 OWNER'S & CONTRACTOR'S EACH OCCURRENCE $1,000,000.00 --------,.'-------.-.- FIRE DAMAGE (Anyone fire) _---.l!..9.00,000.og I MED EXP (Anyone person) 10 000.00 F AUTOMOBILE LIABILITY CA 091-93-98 (MA) 10/1/2009 10/1/2010 COMBINED SINGLE LIMIT $1,000,000.00 F X ANY AUTO CA 091-93-97 (VA) 10/1/2009 10/1/2010 ----._- F X HIRED AUTOS I CA 091-93-96 (AOS) 10/1/2009 10/1/2010 X NON-OWNED AUTOS B WORKERS COMPENSATION AND WC 060-16-8747 (CT,GA,PA,SC) 10/1/2009 10/1/2010 OTHE R C EMPLOYERS' LIABILITY WC 060-16-8741 (FL) 1 0/1/2009 ! 10/1/2010 $2,000,000.00 I EL EACH ACCIDENT D . THE PROPRIETOR/ WC 060-16-8744 (MI) 10/1/2009 i 10/1/2010 E PARTNERS/EXECUTIVE . WC 060-16-8745 (AR,MA.VA) 10/1/2009 ! 10/1/2010 EL DISEASE-POLICY LIMIT $2,000,000.00 F OFFICERS ARE- I WC 060-16-8742 (OR) 10/1/2009 10/1/2010 EL DISEASE-EACH $2,000,000.00 F WC 060-16-8740 (CA) 10/1/2009 10/1/2010 ---.- G WC 060-16-8748 (AOS) 10/1/2009 10/1/2010 --------- G WC 060-16-8743 (TX) 1 0/1/2009 110/1/2010 G WC 060168746 (ND,NY,OH,WA,WI,WY) 10/1/2009 10/1/2010 ---. -...---- EXCESS LIABILITY ifJA GENERAL AGGREGATE -----------. OTHER THAN UMBRELLA FORM l\.S 'to to i _____ PRODUCTS - COMP/OP AGG ------,._-- EACH OCCURRENCE -------_.- UMBRELLA FORM ..___._m__ 'OTHER A A A Builder's Risk/installation/Contract Works Rental EquipmenUContractor's Equipment Blanket TranSit OC & OCW 91128600 OC & OCW 91128600 OC & OCW 91128600 5/1/2010 5/1/2010 5/1/2010 5/1/2011 5/1/2011 5/1/2011 USD $1.000.000.00 per jobsite USD $1,000.000.00 per Jobslte USD $1,000,000.00 per conveyance DESCRIPTION OF OPERA TlONS/LOCA TIONSNEHICLES/SPECIAL ITEMS CITY OF SANTA ANA is named as Additional Insured subject to the conditions of the written contract between the Named Insured and CITY OF SANTA ANA Project: Santa Ana Train Station/SARTIC 4-S-10/SG#950323501 Other Additional Insureds: "The City of Santa Ana, it's officers, employees, agents, and representative are named as additional insured." CERTIFICATE HOLDER CITY OF SANTA ANA ATTN: PURCHASING DEPARTMENT 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 92701-4010 United States CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE --=-j--'1 ---"\ MARSH USA INC, BY: David Kong, Casualty Program 1~ 1v. ~ Franklin Hallock, Global Marine Transit Program VALID AS OF: 5/4/2010 For quest.ions regarding t.his certificate contact: Judy Evans (Emai:i: judyevans@simplexgrinnell.com Phone: 714-870-1010 ext 632) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 10/1/2009 forms a part of Policy No. GL 090-73-63 issued to Tyco International Management Company by New Hampshire Insurance Company ADDITIONAL INSURED. WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED, is amended to read: Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: · The coverage and/or limits of this policy, or . The coverage and/or limits required by said contract or agreement. A..fJJJ.. 61712 (8/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY ENDORSEMENT This endorsement, effective 12:01 A.M. 10/112009 forms a part of Policy No. GL 090-13-63 issued to Tyeo International Management Company bV New Hampshire Insurance Company. ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies Insurance provided under the following: COMMERCIAL LIABILITY COVERAGE FORM Section IV, Commercial General liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurence where required by contract, and any other insurance issued to such additional insured shall apply es excess and noncontributory insur.ance. A..W, 74434 (10/99) r ',.'