HomeMy WebLinkAboutDECKSIDE POOL SERVICE 2AGREEMENT TERMINATION
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Please complete this form when the attached agreement is no longer ine#ectnit
Return form to the Deputy Clerk of the Council (M-30). Call 647 -if you have any questions.
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City of Santa Ana
Clerk of the Council
Revised 0522-08 -
INSURANCE ;- =ii_E
WORK MAY.;EED
CLERK OF= COUNCIL
DATE: 10-(a-lD POOL AND FOUNTAIN MAINTENANCE AGREEMENT
A-2010-131
THIS AGREEMENT, made and entered into this 1 -1 day o u , 2010 by Deckside
Pool Service, a California corporation (hereinafter "Contractor"), and the ity 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
pool and fountain cleaning and maintenance comparable with "high-level" industry
practice.
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 "high-level" contractor in the field.
N 0 W T H E R E F 0 R E, 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 pool/fountain maintenance services as set forth in City of Santa
Ana Pool and Fountain Maintenance and Repair Agreement Description/Specifications/Work
Statement attached as Exhibit A and incorporated by this reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services,
the total sum to be expended under this in an amount not to exceed $58,860, during the term of
this Agreement, based upon Contractor's standard rates and charges on file with the Executive
Director of Recreation and Parks. This amount includes a 10 percent contingency for
unanticipated work and unforeseen emergencies.
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 or as otherwise provided in Exhibit A.
3. TERM
This Agreement shall commence on April 1, 2009 and terminate on June 30, 2011, unless
terminated earlier in accordance with Section 12, below. Any services provided pursuant to this
agreement since April 1, 2010 shall be included within the scope of services.
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 its
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Contractor's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence. Contractor shall supply City with a fully executed additional insured endorsement in
substantially the form as set forth in Exhibit "C" attached hereto upon execution of this
Agreement. Said endorsement 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 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
Contractor must obtain and maintain 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 canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect 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 AND HOLD HARMLESS
Contractor agrees to indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any
other type of damage whatsoever arising out of claims for the same, which may arise from the
direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees,
or other persons acting on their behalf which relates in any way to the services provided by
Contractor under this Agreement; and (2) from any claim that personal injury, damages, just
compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage
whatsoever is due by reason of the terms of or effects arising from this Agreement or of the
Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all
claims for damages, just compensation, restitution, lost profits or any other judicial or equitable
relief or damages 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, relative to any action by a
third party challenging the validity of this Agreement, or asserting that personal injury, damages,
just compensation, restitution, lost profits, or judicial or equitable relief or any other type of
damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement
or Contractor's actions hereunder. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
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7. CONFIDENTIALITY
If Contractor receives from the City information which, due to the nature of such
information, is reasonably understood to be confidential and/or proprietary, Contractor agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful
possession of the Contractor without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Contractor without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: 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
and
City Attorney
City of Santa Ana
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20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Contractor: Deckside Pool Service
1547 West Struck, Unit E
Orange, CA 92867
Telefacsimile (949) 713-7624
A party may change its address by giving notice in writing to the other parry. Thereafter,
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.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive agreement 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.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
12. TERMINATION AND DAMAGES
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination and by the Contractor upon ninety (90) days written notice. In the event of
termination by the City, 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. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement and in the Specifications, Exhibit "A" hereto.
b. Material Breach: If the Executive Director determines the Contractor has failed in
the performance of the duties and/or schedule as provided herein, the Director may consider the
Contractor in material breach. City may exercise all remedies in law or equity for said breach
including, but not limited to: 1) withholding all or a portion of payment owed relative to any
such failure to perform or for any delay in performance, and 2) directing the work be
accomplished by either City employees or a new contractor at Contractor's expense, as
determined by the Director. Contractor shall be responsible for all costs resulting from any
breach, including incidental and consequential damages.
13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in recruitment, selection, training, utilization, promotion, termination or any
other employment related activity. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with 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 by the parties hereto or arises out of, or in connection
with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of
this Agreement.
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16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
CITY OF SANTA ANA:
ATTEST: ^
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
7
DECK
F ROSS
President
POOL SERVICE
EXHIBIT A
SPECIFICATIONS
City of Santa Ana
Pool and Fountain Maintenance and Repair Agreement
Description/Specifications/Work Statement
C.i General
C.1.1 Scope of Work. The Contractor shall furnish all labor, vehicles, chemicals, tools,
materials, equipment, transportation, and supervision, except as specified herein as City furnished, to
manage and perform maintenance and minor repair of pools and fountains at the Law Library, Sasscer
Park, Plaza of the Sun, Plaza of the Fountains and the Second Street Mall within the downtown and Santa
Ana Civic Center Authority areas.
C.1.1.1 Responsibilities Included. Pool and fountain maintenance and repair services covered
by this specification include the tasks shown in the table below:
Location
Times Per Week Service
Sasscer Park Fountain
1
Law Library Fountain
1
Plaza of the Sun Fountain
I
2 Street Mall Fountain
2
*Plaza of the Fountains - South of Law Library Fountain
1
*Plaza of the Fountains — North of the State Bldg. Fountain
1
* Once construction is completed and maintenance starts.
Pool and Fountain Maintenance & Repair
where applicable work shall be performed routinely per manufacturers specifications)
1
Maintain pumps
2
Maintain pump motors
3
Maintain all plumbing i.e. piping, couplings, and fittings
4
Maintain chlorine and metering/monitoring metering/monitoringequipment
5
Maintain filters
6
Maintain fountain nozzles free of debris. Replace when spray pattern deviates from intended
design
7
Maintain valves
Daily Routine
Maintenance and Operation To Meet All O.C. Health Department Requirements
8
Test and adjust the chlorine and other chemicals levels in the water.
9
Test the pH level in the water
10
Add acid or soda ash as necessary to adjust pH level
11
Provide all pool supplies (e.g. chemicals, testers, etc.). Note City to pay extra charge based
upon actual use: a) 5 gallon containers of liquid chlorine @ $2.50 per gallon; and, b) liquid
acid $3.25 per gallon
12
Replace carbon dioxide gas cylinders when empty and without interruption to system
operation
13
Om-pty strainer(s)( (interceptor basket), skimmers and screens
14
Shock treat the pool when required to maintain water free of algae
8
15
Vacuum and clean pool
16
Adjust water level
17
Test and replace underwater light lamps as outages occur.
apply
Periodic Maintenance Per Manufacturers Specifications
18
Backwash and operate filter(s) as recommended by the manufacturer.
19
Replace filter medium, if necessary as recommended by the manufacturer.
Pool Structure Routine Maintenance and Repair
20
Repair interior pool and fountain cracks and leaks (pool or liner) caused by normal age and
Maintenance and Repair
wear. Cracks and leaks caused by extraordinary cause, i.e., vandalism, earthquake, do not
Paint interior and exterior of um /filter room
apply
21
Replace broken or missing skimmer lids and drain covers as necessary.
C.1.1.2 Responsibilities Excluded. Pool and fountain maintenance and repair services covered
by this specification exclude the tasks shown in the table below.
C.1.1.3. Frequency of "daily" tasks shall be one day per week on Wednesday unless otherwise directed by
the Director's Representative. Contractor shall maintain a set schedule for providing the daily tasks.
C.1.2 Background Information
C.1.2.1 Place of Performance. The place of performance for pool and fountain maintenance and
repair services is the downtown Second Street Mall and the City of Santa Ana Civic Center Authority
areas.
C.1.2.4 Bid Requirement. Prior to contract award, any bidder maybe required at anytime to
demonstrate to the Director that they can successfully perform maintenance work of the type involved in
this Agreement and that he possesses suitable equipment to perform the work.
C.1.3 Personnel
C.1.3.1 Project Foreman. The Contractor shall provide a Project Foreman who must retain an
Aquatic Facility Operator Certificate (AFO) or a Certified Pool & Spa Operator Certificate (CPO) and to
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Tasks Excluded from Pool and Fountain Maintenance and Repair
Facility
Maintenance and Repair
1
Paint interior and exterior of um /filter room
2
Maintain um /filter room (e.g., lights, ventilation
3
Repair building electrical components
4
Replace lam s for area and general lighting
5
1 Repair power panels, switches, outlets, etc.
Grounds and Fencin
6
Cut grass
7
Trim shrubbery
8
Rake leaves and grass
9
Repair fences and gates(including locks
10
Perform other grounds work e.., plant flowers
11
Repair or repaint signs
C.1.1.3. Frequency of "daily" tasks shall be one day per week on Wednesday unless otherwise directed by
the Director's Representative. Contractor shall maintain a set schedule for providing the daily tasks.
C.1.2 Background Information
C.1.2.1 Place of Performance. The place of performance for pool and fountain maintenance and
repair services is the downtown Second Street Mall and the City of Santa Ana Civic Center Authority
areas.
C.1.2.4 Bid Requirement. Prior to contract award, any bidder maybe required at anytime to
demonstrate to the Director that they can successfully perform maintenance work of the type involved in
this Agreement and that he possesses suitable equipment to perform the work.
C.1.3 Personnel
C.1.3.1 Project Foreman. The Contractor shall provide a Project Foreman who must retain an
Aquatic Facility Operator Certificate (AFO) or a Certified Pool & Spa Operator Certificate (CPO) and to
E
be available during the normal hours of operation as specified in paragraph C.1.6to act with full authority
for the Contractor. This individual shall be responsible for the supervision, overall administration, and
coordination of all required services. The Contractor shall provide the name(s) and telephone number(s)
of the Project Foreman(s) within two weeks after contract award date. The Contractor shall provide
written notice to the Director in advance of any change of the Project Foreman. The Project Foreman shall
be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the
terms of the Agreement. The Project Foreman shall return all calls from the Director within two hours.
C.1.3.2 Alternate Project Foreman. The Contractor shall designate at least one Alternate
Project Foreman to act for the Project Foreman, who also maintains an AFO or CPO Certificate, with the
same authority during absences of the Project Foreman (e.g., vacation and sick leave). The Contractor
shall provide the name(s) and telephone number(s) of the Alternate Project Foreman(s) within two weeks
after contract award date. The Contractor shall provide written notice to the Director in advance of any
change of Alternate Project Foreman. The Alternate Project Foreman shall be able to understand, speak,
read, and write the English language as is necessary for the fulfillment of the terms of the Agreement.
C.1.3.3 Other Personnel Requirements
C.1.3.3.1 Legal Residents. The Contractor shall provide only those personnel who are legally
entitled to work in the United State to accomplish work and services specified herein.
C.1.3.3.2 English Comprehension. All Contractor personnel working on the project shall read
and understand the English language to the extent necessary to read and understand operation, safety,
health, and security regulations relating to the performance of this Agreement, including the following:
a. Any necessary instructions concerning equipment to the extent that performing the
employee's duties requires the employee to operate, maintain, repair, or in some way interact with the
equipment.
b. Any regulations, directives, or policies that he must know in order to accomplish the
work on the project as a Contractor employee.
C.1.3.4 Contractor Employee Skills Required. The Contractor's employees performing the
services required by this Agreement shall have specialized training, prior work experience, or the
demonstrated technical skills to fulfill the specific requirements of these Specifications and the
Agreement.
C.1.3.5 Employee Physical Capabilities. There shall be no discrimination against employees on
the basis of handicap or other physically disabling conditions. Contractor shall obey all State and Federal
laws concerning the disabled.
0.1.3.6 Standards of Conduct for Contractor Personnel. The Contractor shall be responsible
for maintaining satisfactory standards of employee competency and conduct and for taking disciplinary
action against his employees as necessary. No Contractor employee under the influence of alcohol,
drugs, or any other incapacitating agent shall be allowed on the jobsite.
The removal from the job site of a Contractor employee shall not relieve the Contractor of the
requirement to provide sufficient personnel to perform the work specified in the contract.
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C.1.3.7 Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free
of wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than company
identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be
clearly distinguishable from City employee uniforms.
C.1.3.8 Apprenticeship Standards. Where required under law, the Contractor shall assume full
responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the
California State Labor Code.
C.1.3.9 Insurance Certifications.
C.1.3.9.1 During performance hereunder, and entirely at Contractor's sole expense, Contractor
shall procure and maintain the following insurance, which shall be full coverage insurance not subject to
self-insurance provisions. Contractor shall not, of its own initiative cause such insurance to be canceled
or materially changed during the course of the herein Agreement.
C.1.3.9.1.1 Worker's Compensation Insurance. Within limits established and required by the
State of California
C.1.3.9.1.2 Employer's Liability with a limit of $1,000,000.
C.1.3.9.1.3 Comprehensive General Liability to include Completed Operations, Contractual,
Independent Contractors and Personal Injury, and Automobile Liability, including all auto; with at least
the following combined limits of liability:
a. Primary Bodily Injury Liability limits of $1,000,000 per occurrence.
b. Primary Property Damage Liability limits of $1,000,000 per occurrence.
C. Primary Bodily Injury and Property Damage Liability combined single limit of
$1,000,000 is preferred.
C.1.3.9.2 Certificate of Insurance. Prior to commencement of any work hereof, Contractor shall
furnish to the City Purchasing Manager a Certification of Insurance which shall certify Contractor's
insurance policies provide:
a. The City of Santa Ana, its officers, employees, agents, and representatives are named as
"additional insured" on Comprehensive General Liability and Automobile Liability insurance
with respect to performance hereunder.
b. The coverage shall be primary and noncontributory as to any other insurance with respect to
performance hereunder; and
c. Thirty (30) days prior written notice of cancellation or material change is required to be given
to City.
C.1.3.9.3 Occurrence. As used herein, means any event, or related exposure to conditions, which
result in bodily injury or property damage.
C.1.3.10 Director's Authority. The Director is the only person authorized to direct changes in
any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere
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in the Agreement, and said authority remains solely in the Director. In the event that the Contractor
effects any such changes at the direction of any person other than the Director, the changes will be
considered to have been made without authority and solely at the risk of the Contractor. In addition, the
Director shall have the authority to accept/reject materials, workmanship and to make minor changes in
work or schedule, not involving extra cost. When the performance of the work or completion per
schedule is determined to be sub -standard, he may (1) recommend that all or a portion of payment be
withheld, and/or forfeiture for delay in assessed; and/or (2) direct the work be accomplished by either
City forces or separate contractor, in order to complete the necessary work as close to schedule as
possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next
monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor
shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized
representative shall decide all questions, which may arise as to the manner of performance and
completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the
specifications, and compensation, including completion of work by alternate sources.
C.1.3.11 Subcontractors
C.1.3.11.1 Designation of Subcontractors. In accordance with the provisions of Section 4100 and
subsequent section of the Government Code concerning the Subletting and Subcontracting Fair Practices
Act, bids on public contracts and for all work except the construction, improvement, or repair of streets or
highways and bridges shall include a listing of all subcontractors who will perform work or labor or
render service to the prime contractor's total bid. This requirement for the listing of subcontractors also
extends to that portion of street or highway work involving street lighting and traffic signals as noted in
Section 4100.5. The portion of work, which will be done by each such subcontractor, must be listed and
only one such subcontractor shall be listed for each portion.
C.1.3.11.2 Failure to Specify Subcontractors. If the bidder fails to specify a subcontractor for any
portion of the work to be performed under the contract in excess of one-half of one percent of the bidder's
total bid, he agrees to perform that portion himself. The successful bidder shall not, without the written
consent of the city:
a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the
original bid.
b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone
other than the original subcontractor listed in the bid.
c. Subcontract any portions of the work after bid is submitted if the cost thereof exceeds one-
half of one percent of the total bid and a subcontractor was not designated for the work in the
original bid.
C.1.6 Hoursof Operation
C.1.6.1 Normal Hours of Operation. Normal operating hours shall be from 6:30a.m. to 6:00
p.m. Sunday through Saturday.
C.1.7 Conservation of Utilities. The Contractor shall familiarize himself and require his
employees to become familiar and comply with standard operating procedures that comply with
conservation regulations. Compliance with Energy Conservation best practice includes:
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a. Instructing personnel to conserve energy by turning off unneeded equipment and utilities
(including electricity and water).
b. Using lights only in areas where work is actually being performed.
Allowing adjustment of mechanical equipment controls for heating, ventilation, and air
conditioning systems only by authorized workers.
d. Turning off water faucets or valves after required usage has been accomplished.
Complying with water bans imposed by local, state, or Federal agencies.
C.1.8 Vehicle Passes. The Contractor and Contractor personnel shall obtain vehicle passes
from The County of Orange Parking Administrator, Public Facilities & Resources Department.
C.1.9 Building Security. The Contractor shall be responsible to ensure buildings serviced by
the Contractor are locked during non -duty hours.
C.1.10 Security of Contractor Owned Property. The Contractor shall be responsible for the
security of Contractor Owned Property.
C.1.11 Permits and Licenses. The Contractor, prior to award of contract and without additional
expense to the city, shall procure all necessary permits and licenses including, but not limited to, a City of
Santa Ana Business License.
C.1.12 Obedience to Laws. Contractor shall obey and abide by all applicable laws, regulations,
and ordinances, and other rules of the United States of America, territory, or subdivision thereof wherein
the work is done, or any other duly constituted public authority.
C.1.13 Safety. All work performed under this contract shall be performed in a manner as to
provide maximum safety to the public and where applicable, comply with all safety standards required by
CAL -OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor
when unsafe or harmful acts are observed or reported relative to the performance of the work under this
Agreement.
C.1.13.1 Safety Orientation for Contractor Personnel. The Contractor shall give each new
employee performing under this Agreement a safety orientation concerning the hazards and precautions
of the job assigned upon starting work. The Contractor shall institute a continual training program to
make employees aware of existing hazards and all new hazards relative to work performed under this
Agreement.
C.13.2 C reation of Safety or Health Hazard. If the Contractor performs work in a manner
that creates a safety or health hazard to City or Contractor personnel or the general public, the Director
may issue an order stopping all or part of the work until the Contractor has taken satisfactory corrective
action. No part of the lost time due to such a stop in the work shall be the subject of a claim for extension
or for excess costs or damages to the Contractor.
C.1.13.3 Protective Equipment. The Contractor shall provide its employees with protection
against safety and health hazards by furnishing them with all the protective equipment needed. Such
equipment shall be approved for the use intended by the National Institute for Occupational Safety and
Health or the
13
American National Standards Institute (ANSI). The Contractor shall post areas that require the wearing
of protective clothing or where protective equipment is necessary.
C.1.13.4 M ate rial Safety Data Sheets. The Contractor shall submit to the Director or his
designated representative Material Safety Data Sheets for all hazardous materials proposed for use in the
performance of the contract at least one week prior to actual use. In addition, he shall maintain copies on-
site and available for review by his employees and/or the City.
C.1.14 Environmental Protection. The Contractor shall comply with all federal, state, and
local laws, regulations, and standards regarding the Environmental Protection and Enhancement Program.
C.2 Definitions
C.2.1 Definitions of Terms.
Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or residue or
impurities, unsoiled, unstained, or recently washed.
Director. The Director of Parks, Recreation and Community Services or their designated representative
with the authority to enter into, administer, or terminate contracts and to make findings and
determinations on behalf of the City. This is the only individual authorized to change a contract or any of
the requirements therein.
Contractor. The individual, partnership, company, or corporation responsible for the duties and
responsibilities under the Agreement. The term also covers requirements for any subcontractor. The
Contractor is ultimately responsible for ensuring that all subcontractors comply with the provision of the
Agreement.
Day. A normal weekday, unless otherwise specified.
Deficiency. A shortcoming in the quality or state of service performed.
Disinfect. Cleaning in order to destroy any harmful microorganisms by application of an approved
chemical agent.
Emergency Work. Any unforeseen circumstance or combination of circumstances that requires
immediate action.
Environmental Pollution. The condition resulting from the presence of chemical, physical, radiological
and/or biological fomes that alter the life biosystems, structures, and equipment, recreational opportunity,
aesthetics or natural beauty or the environment.
F reguency of Service. The following are frequencies and their definitions.
14
Abbreviation
Definition
Annual
A
Services performed once during each 12 month period of
the contract
Semi -Annual
S/A
Services performed twice during each 12 month period of
the contract at intervals of 160 to 200 calendar days
14
Quarterly
Q
Services performed four times during each 12 -month
period of the contract at intervals of 80 to 100 calendar
days.
Monthly
M
Services performed 12 times during each 12 -month period
of the contract at intervals of 28 to 31 calendar days.
Weekly
W
Services performed 52 times during each 12 -month
contract period at intervals of 6 to 8 calendar days.
Twice Weekly
2W
Services performed twice a week, such as Monday and
Thursday or Tuesday and Friday
Daily
D
Services performed each calendar day, Sunday through
Saturday, including holidays unless otherwise noted.
Three times Weekly
3W
Services performed three times a week, such as Monday,
Wednesday, Friday but not consecutive days.
Hazardous Waste. Any waste materials that are toxic or poisonous, corrosive, irritating, desensitizing,
radioactive, biologically infectious, explosive, or flammable and hat present a significant hazard to human
health and the environment. Special handling procedures and disposal facilities are required for their
disposal.
M i n o r R e o a i rs. Repairs that are necessary for maintenance of equipment, such as refacing valve seats,
and replacing washers.
M inor Parts. Repair parts having a per item cost of $25.00 or less.
Owner. The person or persons who own a facility or part of a facility. For purposes of the contract, the
City is the owner.
Periodic Services. Services which are required less frequently than once per billing period. These
normally include services which are performed at a frequency or less than once per month, e.g., quarterly
or semi-annually.
Preventive Maintenance. Work performed by the Contractor to inspect, repair, and keep in proper
operating condition all City equipment the Contractor is responsible for maintaining.
Recyclable Materials. Materials that normally have been or would be discarded and that may be reused
after undergoing some type of physical or chemical processing. Recyclable materials do not include
precious metal bearing scrap and those items that may be used again for their original purpose or function
without any special processing.
Routine Services. Services which are required on a regular basis within each billing period. These
normally include services performed at a frequency or at least once per month, e.g., daily or weekly.
Work Day. A normal duty day, Sunday through Saturday 6:3Oam to 5:OOpm.
CA CONTRACTOR FURNISHED PROPERTY AND SERVICES
C.4.1 General. Contractor furnished property and services shall be compatible with existing City
systems and equipment as necessary to perform the requirements of the Agreement. The Contractor shall
15
furnish all property and services not specifically identified in Section C.C.4.2 24 -Hour
Contact Number
The Contractor shall provide the Director with a telephone number at which a contact
person for the Contractor may be reached 24 hours a day. The contact person shall be
required to respond back to the Director or his representative within 1 hour. The contact
person shall have the appropriate knowledge and/or authority to take appropriate action in
response to any emergency situation that may arise involving the contractor's
responsibilities hereunder.
C.4.2.1 Responsibility for Work. The Contractor shall be responsible for all damages to people
and/or property that occur as a result of the fault or negligence of said Contractor or his employees in
connection with the performance of this work.
C.4.2.2 Failure to Perform Satisfactory (FTP)
C.4.2.2.1 It is agreed and understood that in the short run, if the Contractor fails to perform the
work as specified herein, the Director: 1) will only pay for the amount of service received as determined
by the Director with an appropriate downward adjustment in contract price, and/or 2) may have such
required work performed by City forces or otherwise, and charge the cost thereof to the Contractor. Such
adjustments will be the estimated cost for performance by City forces plus City overhead and will include
overtime pay as required to complete work.
C.4.2.2.2 Billing Adjustments. The Director may make billing adjustments in monthly payment
for the cost to the City to remedy insufficiencies in service rendered by the Contractor. Billing
adjustments for this unsatisfactory service may be permanent retention of 100% of the estimated monthly
cost for work that is incomplete or deficient as stated herein.
C.4.2.3 Hazards. The Contractor shall maintain all work sites free of hazards to persons and/or
property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a
result of his operations, shall be immediately reasonably mitigated then reported to the Parks, Recreation
& Community Services Agency.
C.4.2.4 Property Damage. Any damage to City property that occurs shall be immediately
reported to the Director. The cost of repair, if required, will be at the Contractor's expense. If damage
occurs to any adjacent turf, groundcover, shrubs or trees as result of the Contractor's negligence for the
cost for necessary repair or replacements of the same shall be at the Contractor's expense.
C.4.2.5 Access to Private Property. Prior to any work that will restrict access to private
property; the Contractor shall notify each affected property owner or responsible person, informing him
of the nature of and the approximate duration of the restriction.
C.4.2.6 Emergency Service. Twenty-four hours per day, seven days per week, the Contractor
shall be able to receive and respond to the City's call for emergency service. Response time shall be less
than two hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a
local telephone number where Contractor can be contacted twenty-four hours per day, seven days per
week.
C.4.2.7 Work by City Due to Non -Conformance to Contract. Should the contractor fail to
correct deficiencies or public nuisances that have been created because of his operation, and should these
deficiencies or nuisances be considered by the Director to be of an emergency nature, the City may move
16
in on the project to make corrective work. Such work will be charged to the Contractor on a force
account basis with an additional callout charge of $150.00 for each callout. There will be assessed a
minimum of three-hour charge for labor on any callout.
C.4.2.8 Contractor Furnished Equipment. The Contractor shall provide all items necessary for
the performance of the contract including the following.
C.4.2.9 Tools. The Contractor shall provide all tools and repair equipment necessary for
maintenance and repair as specified in the Agreement.
C.4.2.10 Contractor Furnished Supplies. The Contractor shall furnish all supplies required for
his performance under the Agreement, including the following.
C.4.1.11 Chemicals. The Contractor shall furnish all chemicals and supplies to maintain the water
at the prescribed standards of purity and clarity including, but not limited to chlorine (liquid, tablets,
granular, or gaseous, depending on the type of dispensing system in use), soda ash, diatomaceous earth,
etc.
C.4.2.12 Test K its. The Contractor shall furnish test kits for the purpose of monitoring and
reporting chemical levels and conditions including but not limited to chlorine levels, pH levels, and
alkalinity of the water, etc.
C.4.2.13 Preventive Maintenance (PM) and Minor Repair Items. The Contractor shall provide
all PM and minor repair items including, but not limited to, lubricants, minor parts, fittings, gaskets,
bench stock, paint, degreasers, etc. for performance under the contract.
C.4.2.14 Cleaning Supplies. The Contractor shall furnish cleaning supplies required for
performance under the contract.
17
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vcr� irmpH t Ut LIABILITY INSURANCE OP low DATEIYMDDrrm
DECKS -2 1 09/30/10
Valley 7hv=ance Service, I
License# 0566246
800 S. Barranca Ave, Suite 2 0
Covina CA 91723
Phone: 626-966-3664 s : 62J6-,966-3895
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES 11E0 HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICE& AGGREGATE LIMITS SHOYYN MAY HAVE SEEN AECUC SY PAID CWMS.
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 NAIC #
mum A � i V/� —/3-
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Enetcentric DBA: ckside Pool
service
1547 W. Struck, t E
Orange CA 92867
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POLICYOFBCiM
INSURERA;
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a The Hartford Insurance Co. 29424
INSURER D: of the Midwest
elafi REBS ! V H
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tIE POIJGESOFINWRAIICl LtSTEO BELOWHMIE SEEN ISSU roTHE RERIREO NANEO AEOVEPoRTI1E POlACr PERIOD INOMATEO. NOIYMTNSTNIOIND
AWPAWREMENT,TFAMORCONDnVNOPANYCONTOOT OTHER OOCUMENTWITH RESPECTTOMAIICNTNISCERWWATE MAY SEMUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES 11E0 HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICE& AGGREGATE LIMITS SHOYYN MAY HAVE SEEN AECUC SY PAID CWMS.
INR
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POLICYOFBCiM
POLICY EXPIRATION
LTR
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TYPE OF INSURANCE
POLICY MAW=
DAT!
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EACH OCCURRENCE $ 1,000,000
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09/01/10
09/01/11
OAAAAOE TO RENTED
PRELNSES(Ne,a,PAn) s 100,000
CLAIMS MADE X
MEOEAP(Arw"W—) s 5,000
PERSONAL S AM INJURY f 1,000,000
GENERAL AGGREUTE S 2,000,000
GEM, AGGREGATE LIMIT APPLIES PER
PRODUCTB-COMPIOPAGG s 2,000,000
PRO
POLICY JEC7Loc
AUTOMOBILE
LIABILITY
COMBINED e1NOlE LIMIT
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WORKILM COMPELLAIIH N
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02/19/11
OFFICEPAIEMBER EXCLUDED?
E.L. OMAN -EA EMPLOYEE s 1000000
(MrNtlOryN NN)
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OTHER
ICMTIOI OP �ERATIONBI LOC117ION61VENClES1EECL{IBIONp BRED 6Y ENDOIYEYENTI BPECALFRD111SIONB
ity of Santa Ana, its officer , agents, and employees are added as
dational insureds per the at shed CG 20 33 07 04. Primary Wording applies
:; the General Liability per f ra CG 00 01 12 07 Pages 11 and 12 of 16
:cached *10 day notice in event of cancellation for non payment of
m sums .
'sRTiFICATE HOLDER CANCELLATION
SHOULD ON OF THE ABOK OOCNKO POLICIES BE CANCEU.EO BEFORE THE EKPIRATION
S"TA01 DATE THEREOF, THE WGIJNG NSURER WILL ENDEAVOR TO MAIL Q��. DAYS WRITTEN
NOTICE TOIME CERTIFICATE HOLDER NAMEDTOTHE LEFT, BUT FALURSTO 00 b SMALL
IMPOSE NO OBLIGATION OR LABILITY OF ANY HIND UPON THE INSUREP.ITB AGENTS OR
City of Santa Ana REMIESEI/TATIA/E&
20 Civic Center Plaza
Santa Ana CA 92705 liuTifaapBpy� B_EMTATn1B
ORD 25 (2009101) ®1988-2009 ACC
The ACORD name and logo are registered marks of ACORD
�G W (tom- / 01.5 w d n
rights reserved.
-A-Cott) 43i
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate dos 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 endorsem nt. A statement on this certificate does not confer rights to the certificate
holder in lieu of such ndorsement(s).
DISCLAIMER
This Certificate of Ins rance 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.
25
COMMERCIAL GENERAL LIABILITY
CG 20 33 07 04
THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
WIR D iN CONSTRUCTION AGREEMENT WITH YOU
This endorsament
COMMERCIAL
A. Section 11- Wh
dude as an ads
ganization for v
tions when you
have agreed in
that such perso
additional Insun
organization is I
sped to IMrwy
egs" or "person
In whole or in ps
1. Your acts or
2. The ads or
behaa;
in the performa
the additional In
A person's or or
insured under t
operations for
plated.
Insurance provided under the following:
LIABILITY COVERAGE PART
Is An Insured is amended to Inr
lonal insured any person or or -
am you are performing opera-
nd such person or organization
Ong in a contract or agreement
or organization be added as an
on your policy. Such person or
i additional Insured only with re -
)r "badlyy injury", "property dam
and edvertieing Injury" caused,
by:
mission: or
mission of those acting an your
of your ongoing operations for
ization's status as an additional
endorsement ends when your
, additional insured ace com-
B. With respect to the insurance afforded to these ad-
ditlonal Insureds, the following additional exclu-
sions apply:
This insurance does not apply to:
1. "Bodtly Injury", "property damage" or "personal
and advertising tnjury"arising out of the render-
ing of, or the failure to render, any professional
architectural, engineering or surveying sem-
Ices, Including:
a. The preparing, approving. or failing to pre-
pare or approve, maps. shop drawings.
opinions, reports. surveys, field orders.
change orders or drawings and specifica-
tions: or
b. Supervisory, inspection, architectural or en-
gineering activities.
2. "Bodily Injury" or "property damage" occurring
aller.
a. All work, including materials. parts or equip-
ment fumishad in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or an behalf of the additional Insured(s) at
the location of the covered operations has
been completed; or
b. That portion of "your work" out of which the
lr4ury or damage arises has been put to its
Intended use by any person or organlzatlon
other than another contractor or subcon-
tractor engaged in performing operations for
a principal as a part of the same project.
CG 20 33 07 04 ® ISO Properties, Inc., 2004 Page 1 of 1
aso wss COPY
(3) The nature and location of any injury or
damage prising out of the "occurrence" or
offense.
b. if a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "'suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to It that we receive written no-
tice of the claim or 'suit" as soon as practice-
ble.
c. You and any other involved insured must:
(1) Immediately send us copies of any de-
mands, notices, summonses or legal pa-
pers received in connection with the claim
or "suit";
(2) Authorize us to obtain records and other in-
formation;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the enforce-
ment of any right against any person or or-
ganization which may be liable to the in-
sured because of injury or damage to which
this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an Insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the ap-
plicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the claim-
ant's legal representative.
4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under Cover-
ages A or B of this Coverage Part, our obligations
are limited as follows:
a. Primary Insurance
This insurance is primary except when Para-
graph b. below applies. If this insurance is pri-
mary, our obligations are not affected unless
any of the other insurance is also primary.
Then, we will share with all that other insurance
by the method described In Paragraph c. be-
low.
b. Excess Insurance
(1) This insurance is excess over.
(a) Any of the other insurance, whether pri-
mary, excess, contingent or on any oth-
er basis:
(1) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for 'your work";
(11) That is Fire insurance for premises
rented to you or temporarily occu-
pied by you with permission of the
owner,
(ill) That is insurance purchased by you
to cover your liability as a tenant for
"property damage" to premises rent-
ed to you or temporarily occupied by
you with permission of the owner; or
(iv) If the loss arises out of the mainte-
nance or use of aircraft, "autos" or
watercraft to the extent not subject to
Exclusion g. of Section 1— Coverage
A — Bodily Injury And Property Dam-
age Liability.
(b) Any other primary insurance available to
you covering liability for damages arising
out of the premises or operations, or the
products and completed operations, for
which you have been added as an addi-
tional Insured by attachment of an en-
dorsement.
(2) When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any 'suit" if any other
Insurer has a duty to defend the insured
against that "suit". If no other Insurer de-
fends, we will undertake to do so, but we
will be entitled to the insured's rights
against all those other Insurers.
CG 00 0112 07 ISO Properties, Inc., 2006 Page 11 of 16
b. Any person (other than your "employee" or
'Volunteer worker"), or any organization while
acting as your real estate manager.
c. Any person or organization having proper tem-
porary custody of your property if you die, but
only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been ap-
pointed.
d. Your legal representative if you die, but only
with respect to duties as such. That represen-
tative will have all your rights and duties under
this Coverage Part.
3. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority interest, will qualify as a Named In-
sured if there is no other similar insurance avail-
able to that organization. However.
a. Coverage under this provision is afforded only
until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier,
b. Coverage A does not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
No person or organization is an insured with respect
to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown
as a Named Insured in the Declarations.
SECTION III — LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay re-
gardless of the number of.
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. The General Aggregate Limit Is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of "bodily injury" or "property damage"
included in the "products -completed operations
hazard'; and
c. Damages under Coverage B.
3. The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of "bodily injury" and "property
damage" included in the "products -completed op.
orations hazard".
4. Subject to Paragraph 2. above, the Personal and
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages be-
cause of all "personal and advertising injury" sus-
tained by any one person or organization.
5. Subject to Paragraph 2. or 3. above, whichever
applies, the Each Occurrence Limit is the most we
will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property dam-
age" arising out of any one "occurrence".
6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupied by you
with permission of the owner.
7. Subject to Paragraph 5. above, the Medical Ex-
pense Limit is the most we will pay under Cover-
age C for all medical expenses because of "bodily
injury" sustained by any one person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
SECTION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
Insured's estate will not relieve us of our obliga-
tions under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to It that we are notified as soon
as practicable of an "occurrence" or an offense
which may result in a claim. To the extent pos-
sible, notice should include:
(1) How, when and where the 'occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses: and
CG 00 0112 07 ISO Properties, Inc., 2006 Page 10 of 16