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HADRONEX INCORPORATED -2012
INSURANCE ON FILE N -201 2 -068 WORK IIAAY PROCEED UNTIL INSURANCE EXPIRES � -� -/3 CLERK O � �U t�� DATA€: ��+ "j �1Q��f.1�g5Q3'K�' -� LICENSE AND WARRANTY AGREEMENT � � �h//; W THIS AGREEMENT, made and entered into this 21st day of May, 2012, by and between NQ�� Hadronex Incorporated, a Helaware corporation, (hereinafter "Contractor "), and the City of Santa Ana; a �� charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. Contractor manufactures and installs the Hadronex SmartCover© Monitoring and Alarm System (hereinafter "SmartCover ® "), designed to provide an alerting system for sewer systems overflow and encroachment. B. City has purchased and installed S�nartCover© equipment. The City desires purchase annual SmartCover® site monitoring services. C. Contractor represents that it is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services perfonmed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional finm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: l_ SCOPE OF SERVICES Contractor shall provide active site monitoring services for all terrestrial and satellite SmartCovers installed in the City of Santa Ana, as set forth in Exhibit A, attached hereto and incorporated by this reference. Contractor will provide and install additional SmartCovers ®, at the request of City and at the prices set forth in Exhibit A. wring the term of this Agreement, City shall retain the option to purchase extended warranty services for all SmartCovers© installed in the City, at the warranty rates set forth in Exhibit A. i��K�]uJ iia_�P�[.y�l Y C�� a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $25,000 during the teen of this Agreement unless otherwise agreed in writing by City and Contractor. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate upon the expenditure of funds, unless terminated earlier in accordance with Section 1 1 or otherwise extended by mutual written consent of the Parties. 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. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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 3700 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 canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f [f 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 tor, 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 for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Upon a judicial finding of negligence or willful misconduct by Contractor, Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief, and defense costs, arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the installation and maintenance services provided pursuant to this Agreement. Contractor's liability for claims arising in relation to monitoring services provided pursuant to this Agreement, whether in contract, tort or otherwise, shal I not exceed the amount of fees paid by City to Contractor under this Agreement during the twelve months preceding the claim. In no event shall Contractor be liable for any loss of business profits, consequential or indirect damages arising from the negligent or willful failure of monitoring services provided pursuant to this Agreement. This limitation with respect to monitoring will apply even if Contractor has knowledge of the possibility of such damages. This limitation does not apply to liability arising from the installation or maintenance of the equipment provided pursuant to this Agreement. 7. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. S. 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 - 1 988 Fax 714- 647 -6956 With courtesy copies to: Public Works Agency —Water Resources City of Santa Ana 220 South Daisy (M -85) Santa Ana, California 92703 Fax 714- 647 -3345 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Contractor: Hadronex Incorporated Frani Foltz w 381 Engel Street Escondido, California 92029 Fax 760 -291 -1982 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -tour (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be moditied except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof; shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. ASSIGNMENT 4 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 ofthe services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 11. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. However, payment need not be made for work which fails to meet the standard of performance specified in the Recitals ofthis Agreement. 12. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses ofthis Agreement shall be determined and governed by the laws ft 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 ofthis Agreement. 14. PROFESSIONAL LICENSES Contractor shall, throughout the term ofthis 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 ofthe 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 shall be cause for termination ofthis Agreement. 15. 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 ofthe terms ofthis 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 ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTF_ST: ,. .cYJ«�a��� MARIA D. HUIZAR `� Clerk of the Council APPROVED AS TO FORM: SOMA R. CARVALHO City Attorney By: La ra Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEL, II Executive Director Public Works Agency 7 CITY OF SANTA ANA �� Paul M. Walters City Manager HADRONEX INCORPORATED DAVIDAKE President EXHIBIT A SCOPE OF SERVICES Hadronex, Price List Part # Item or Kit P Price Annual Active Site Monitoring Fee, Terrestrial $ $300.00 Annual Active Site Monitoring Fee, Satellite $ $400.00 Annual Power Service $ $225 nn _ 1021K Installation Kit - Satellite $273_ 1031K DSM Exchange Kit $445. 1041K Terrestrial Relocation Kit $258. 1051K Satellite Relocation Kit $273. 1061K Satellite Upgrade Kit 52.1 $2,482. 1071K Non - Returned Stache Software Upgrade Unit $716.41 1081K Mountable NEMA 4X Engineered Enclosure $725.93 1091K NEMA 4X Enclosure - Satellite Unit Installed $4,569.93 - LABOR Per Hour $120.00 PARTS 2001 Terrestrial EBox Only $1,817.00 2002 Satellite EBOx Only $2,317.00 2003 V4.0 PowerPack $225.00 2004 Short Range DSM $930.00 2013 Long Range DSM $1,279.00 2005 Botton Bracket, Mech Mount, Inverse Flap $49.50 2006 Bottom Bracket, Mech Mount, Flat $49.50 2007 Top Bracket -Small Format (Terrestrial) $49.50 2008 Top Bracket -Large Format (Satellite) $49.50 2009 D -Flat Antenna Only (Terrestrial) $189.00 2010 D -Flat Minor Antenna Only (Satellite) $239.00 2011 Extra Mounting Glue (two -part) $84.98 2012 Extra Mounting Glue Mixing Tips $4.15 2013 2 -Part Glue Gun $132.91 12014 4" Coaxseal Strip $0.79 2015 18" SS security cable - NO LONGER OFFERED N/A 2016 3/8" Co Drill Bit $18.59 2017 1/4" Co Drill bit $8,18 2018 DSM Cable - beyond 15' length - per foot $2.89 1071K Non - Returned Stache Software Upgrade Unit $716.41 1081K Mountable NEMA 4X Engineered Enclosure $725.93 1091K NEMA 4X Enclosure - Satellite Unit Installed $4,569.93 - LABOR Per Hour $120.00 PARTS 2001 Terrestrial EBox Only $1,817.00 2002 Satellite EBOx Only $2,317.00 2003 V4.0 PowerPack $225.00 2004 Short Range DSM $930.00 2013 Long Range DSM $1,279.00 2005 Botton Bracket, Mech Mount, Inverse Flap $49.50 2006 Bottom Bracket, Mech Mount, Flat $49.50 2007 Top Bracket -Small Format (Terrestrial) $49.50 2008 Top Bracket -Large Format (Satellite) $49.50 2009 D -Flat Antenna Only (Terrestrial) $189.00 2010 D -Flat Minor Antenna Only (Satellite) $239.00 2011 Extra Mounting Glue (two -part) $84.98 2012 Extra Mounting Glue Mixing Tips $4.15 2013 2 -Part Glue Gun $132.91 12014 4" Coaxseal Strip $0.79 2015 18" SS security cable - NO LONGER OFFERED N/A 2016 3/8" Co Drill Bit $18.59 2017 1/4" Co Drill bit $8,18 2018 DSM Cable - beyond 15' length - per foot $2.89 HadroneX To Whom it May Concern: Active Site Monitoring (ASM) - includes the following: • Wireless Communications — Access to a two -way wireless network. • Technical Telephone Support -This service is offered from Sam to 5 pm PST. • Alarm Processing — maintaining the infrastructure of the alarm contact system. • Web site access and maintenance — maintaining the secure servers on which your web site resides, and providing free upgrades to the web sites as they become available. • After Hours Support — on an as- needed basis. • Standard Reports - Hadronex will support customers in the preparation of these reports for management or regulators. • Custom Reports -more detailed reports than available on the web site can be provided by Hadronex upon request, I &I for example. • Graphic Display — Graphical User Interface available on web site is maintained and upgraded at no charge. • Management Tools - available on web site, such as maintenance notes section. • Software Upgrades — upgraded processing /communication software for units in the field is provided at no charge_ • General Product Improvement — creating product improvements that are backwards compatible to existing units in the field. • Management Oversight — Hadronex monitors the proper operation of all of the units in the field. Everything from the internal health of a unit, the battery voltage, the radio signal strength and the communication to and from the units in the field. _ Hadronex also coordinates the appropriate service to repair any components in the field with the dealer. 381 Engel St (760) 291 -1980 Escondido, CA 92029 www.hadronex.com (760) 291 -1982 (fax) SmartCover by HadroneX SmartCover-° Unit Warranty Status SmartCover Location Factory Extended Labor Option Warranty Warranty City of Santa Ana End Date Price Terrestrial Units (15)@ $315.00 09/2009 $4725.00 $6000.00 (400.00 Ea.) Satellite Units (3)@ $399.00 07/2011 $1197.00 $1200.00 (400.00 Ea.) Tota/ One $5922.00 $7200.00 Year Warranty Total cost with Labor Option — $13,122 (taxes not included) This quotation is respectfully submitted on: March 01, 2012 Signatures H R NEX Date: �l Z 2c� /Z Customer Date: SmartCover by Hadronex EXTENDED WARRANTY OPTIONS Start Date 07/01/2011 Warranty Period (Years) — circle one 1 2 3 4 5 • Warranty price will be $315/$399 year plus local CPI as applicable over the Warranty Period. Choosing a longer Warranty Period locks in this price over the period of Warranty. Prices may change in subsequent years. Annual invoicing for Warranty coverage will occur approximately 60 days prior to start of annual period of warranty coverage. Extended Warranty Services The Standard Extended Warranty covers the following product components: 1. SmartCover® E- Box 2. Distance Sensing Module (DSM) 3. Antenna 4. Bracket Hadronex shall warrant the items listed above to be free from material defects in material and workmanship for the duration of the warranty period shown above. The PowerPack warranty is independent of this Extended Warranty. The SmartCover® PowerPack is a consumable item and requires annual replacement. New SmartCover® PowerPacks carry their own 12 -month warranty for defects in material and workmanship. Should a component fail as a result of a defect in material or workmanship, Hadronex will replace the component or repair it at the Hadronex location. For all valid warranty claims, Hadronex shall pay freight charges to and from the customer. SmartCover ay Hadronex To be eligible for warranty replacement, the following procedures shall be followed: 1. When a component fails or failure is expected, the Customer contacts Hadronex. 2. Based upon the information gathered, Hadronex may authorize hardware replacement. 3. If hardware replacement is authorized, the old component is returned to Hadronex for evaluation and warranty determination. 4. Upon confirmation of a valid warranty claim, Hadronex will authorize the Customer to keep the replacement component. No further action is required. 5. If, after evaluation by Hadronex, the component failure is not due to a material defect in material or workmanship, the Customer will be invoiced for the component and related freight charges. Determination of warranty coverage shall be at the sole discretion of Hadronex. Extended Warranty Services Including Labor Hadronex will provide field service to perform Extended Warranty work. Labor required performing work outside of Standard Extended Warranty support is not covered by this Warranty. THIS EXTENDED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY COVERING THE PRODUCTS NOTED ABOVE. HADRONEX DISCLAIMS ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED. THIS EXTENDED WARRANTY DOES NOT COVER DAMAGE OR REPAIRS OR REPLACEMENTS BY ANY CAUSE BEYOND THE CONTROL OF HADRONEX, INCLUDING ACTS OF NATURE, IMPROPER USE, LACK OF PRIOR MAINTENANCE OR UNAUTHORIZED REPAIR. REPLACEMENT AS PROVIDED UNDER THIS EXTENDED WARRANTY IS THE EXCLUSIVE REMEDY OF CUSTOMER. HADRONEX SHALL NOT BE LIABLE FOR ANY ACTUAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF GOODWILL OR PROFITS AND /OR LOSSES FROM ANY CAUSE WHATSOEVER, EVEN IF HADRONEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. HADRO -1 OP ]D: ED ,��� DATE (MIJIIDD1YVWj A� °� °� CERTIFICATE OF LIABILITY INSURANCE osrazrls THEE CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON T}tE CERTIFICATE HOLDER. THIS BELOW`C TTH1S CERT F CATE.FOFN TISURANCE DOES NIOTLCO ST TOTE A CONTRACT BETWEEN OTHES SUING NSURER(S] AUTHORIZIED R£PRES ENTATLVE OR PRODUCER, AND THE CERTIFICATE HOLDER. - IMPORTANT: It the certiFcata holder is an ADDITIONAL INSVRED, the poli�y(ies) must beendorsed. If SUBROGATION IS WAIVED, subject [o the terms and conditions of the policy, certain polldes may require an endorsement A statement on this certificate does not confer rights to the i .- e.+sF. -Are r,older In lieu of such endorsement(s)_ __ ___ PRODUCER Brouwer Insurance Agency 725 E_ Valley Parkway Escondido, CA 92025 .lack Brouvrsr, CIC I wsuRED Hadronex, Inc. 381 Engel Street Escondido, CA 92029 7fi0- 748 -51'51 1..- � /�- - ._ _ IN9L RER(ST AFFORDING CUVpRAGE ,__. _ � _ NAIC AI ;Main Special�Company _ i7i59_ ' -- I COVERAGES CERTIFICATE NUMBER: KCVl�lvn Iq LSmo�Rc I THIS iS TO CERTIF -'f THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TaE INSURED NAMED A80VE FOR THE POtIGY PER100 INDICATED. NOTWiT HSTANDkNG ANY REQUIREMENT,.TERM OR CONDITION OF ANY CONTRACT OR 67HER DOCUMENT WITH RESPECT TO WHSGH THIS CERTIFICATE TRAY 6E ISSUE❑ OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESC RtBED HEREIN IS SUBJECT TO ALL THE TERMS, i EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. uM1TS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS. ,_ INERT— � ., -� � OLICY i'kTPT�- LIC�ICP L4611T5 LTR TYPE OF INSURANCE 'AD I � POLICY NUMBER � MRVOdYYYY MMIfOOIYYVY 1 GENERAL LIA61LnY � EACH OCCURRENCE 5 2,OOa,OO i 0210?Ji2 I 02/02/13 �P'6r1i4G�� � s 10.0,0 A �X COfAME RCIAL GENERAL LIABILITY I iC I C1P134195 � ,PRE MISE61Ee oocurrencel .... i MED_ FRCP cAm one pwrsnn] �. S rJ,Oa I -� CLAIMS -MADE -_!� I OGGUR I I I � � exduda F —I PERSONAL 6ADV IN.JUP.Y � 3 I-1 - -- II I GENERAL AGGREGATE � S 2,000IOO I � � C ;I i PRODUCTS - GOMP;OP AGG •, 5 exGlUde GEN'L AGGREGATE LIMIT r.PPLIES PER' I i '— '� L_, �� PRO- � I I S POLICY � c LOC COMBINED SINGLE LiM IT �[E,A �3 I ! AVTO M061LE UA 61 LITY l i I ecGEent] — � BODILY INJURY LPer petaan) S I I I —I� ANY AV10 I i � _ —� � - 600ILY INJURY CPar dccltlentl I $ ' i qLL OYVNED � SC Ht DOLED -. J AUT09 �{ I ^ I q� ��v�i �'� �`, ��' � �� ?S�� I . -_ _ �O�PER YDAMAG F_ � e, NON -OWNED I I �lPr I Per act dent]__. —. j HREP AUT06 A;:TOS I f 1_ y S �S �- EACH OCCURRENCc UMBRELLA LIAe ODOUR �� � - -- -- -' S E7CCES5 LIAS_- L__GLAIM5•MAOEI, I L8llC21 51.111. LP:CCl}� I '� AGGREGATE_ � _ ._. � I s �- � Assistant Cily A[torn DED RETENTION £ I -W -C STATU- OTH -'. Li 1 I WORKERS COMPENSATION I AND EMPLOYERS' UA�ILrr`/ � �__ I [.vRY MITE _ ._ S I Y! N ANY 5'hROPRIETOR /PARTNER16XECUTNE iOFPCER/MEMBER ExCW DEDi N!A � I E.L. EI.GH ACC:OENT I - L'L- DISEASE.- EA EMPL OYEEI S �_ - (M�odatoryN µHQ.._ I I I � v [ DiSPASE - PO LtGY Li MITI` - S l � i li I I I I •� DESCRiPTON OF ppERAT10N31 LOGA'[!ON!3! VEHICLb (Attach ACORD 701. Atlditional Remarks SctlepYle, if morf spacR is r+qulrcal :Ce,rti£icata hol dsr ie named as additional insured par attach ®d CG2U10_ (primary /NOncontributing endorsement also attached (USF 001 397 0201) Clty of Santa Ana Purchastng Dept 20 Clvic Center Plaza Santa. Ana, CA 92701 X41)1 O CITYOF4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE. THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS_ AUTNORIZGO REPRESENTATNE. �� ® 1988 -201 O A� rtgnts reserves. PQLFCji N! 1N{BER: -� �jGiAL v ". . �IQL LIA83LL7`f:` CCs 2'p'�ft{Yl:fl% TFIi� ENl7QRSEMEI�IT.CH�:E�'�E iL`ti', �L6A�i= :- �2E��? 1T �Fi�i:Y. �iL?F3�T1�3�A�. �C]I�ITi�A�: L �?F���}�1�1,.Z�±►T! This errSo;�ment rrt�,ii�� i>h't±ce'pideai u�nrles tfie iollo+raing_ C�Iti1kA.lrRCt�L GEN.EJ�/�t_ LSA�i:iJ.T�! Gl�7�„�!n�a1r�iRT �yCHE[SSJ -4:E ES _ i'� FJR FlamB Of A ;ddiRior.�./►.�rrresi;"rsan(sj� ' • - ions Of O�.ed �?weratiorr�- . Hadronex lnc City of Santa Ana 381 Engle Street Purchasing Department Escondido CA 92029 20 Civic Center Plaza Santa Ana GA 9270�t- 4010. Ir .: _ atiq.n.- rlirsel.. - �">iGempi'tfi�is Schedule, if rint•shown � wiSi. t-sir`snown in t#ti✓'b>✓Cfarat3ons:. .. . a. section ii — iNFw, :Is. Ai'fe i�rsri�if''- '�mende€l toy tticJnds3 . an_ a�fd�>rtria! trisrlied the persan(s} Qr -r�rdariQ- ftinnis) sho'+m in the Sch�ddlle but o.� �f. wth ;aspect to iiabi�aht tor; "bpdily� damage "F w pe><sonal adng � �+iui'Y' :+GausSFj,. {cf'= w+hol�pX.� pa�t,.`�y_ - 7 �- �YCe�r ads- oi�oinlssions or �_ The acts as' i�nissir3 ¢Y�SC..thos�' =;8v�'[ing eiri *your tieiaa�,:: ei�_'ttie .per�airnance bf Your ongr?In9 a�Yyl�i4nF fi,�` the additional Insureds) ai 4tie: Sbp d�sr '. nabed atagv�e. B_ V�frth Recf iii the. insce atford..�d to'tte �ddltiorYr} ittsvred�,_.ttie fo {toiivirig additie�izai -e�7u= �ifi�YiS apply_ This (nsutahoei;�taes rwt a�sty .to "bodily injitr�!" ,sir "proper�;�iFiamage oGCUSfIr�=79Rer_ .: . 'j'..: JaIS wrrk, cnc[ materials, parf� ❑r �u�P° merit furniSti, -. tin corxiecfion with such Y�D[� or}. pCo}�t (ottzee'1ti�_ service, rnalrrten: or firs) to be. perl%#+izd by nr. • tit. b�tiat(i1 of ':3ttii ��additinrtal i ►3$�r��s) at:Yhe I[�Ca {rcn oT the cover�:o�sratians has be�tP.;corirlpYetec�: or 2. Ttr1�':�rtibr of "yotiT *.�Y'rt• o�rt cat hsf?iicFt t(j�,.. " fnjtit`y''t�r dama�- .arises has be�r?if to i #s "rn- %ti=nded: use by= i'persorT _cQ�..arg ion aiher than aier tiintractor -!:FC? subaontrz�tor eFL-; ge;�c# Sls "�erform.Sng op�[ationa fdr �.3 pl'i!nclp as�v2 i?art of ttr$ sarrie.t3TOi�c[. CG 2O 1D 07 QA;, � ISO Pixiies;; ft7!�q�ZOO4 1?>3ge..1 of 'i 's5 ENDORSEMENT USF INSURANCE COMPANY This Endorsement Changes the Policy - Please Read it Carefully PRIMA_ RYAN NON - CONTRIBUTING INSURANCE [Third - Parry's Sole Negligence) This endorsement modifies insurance provided under [he following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTSJCOMPLETED OPERATIONS LIABILITY COVERAGE PART RAkLROAD LIABILITY COVERAGE PART BUSlNESSOWNERS LIABILITY COVERAGE FORM The following is added to Section IV - Commercial General Liability Conditions, Paragraph 4: Section IV[ Commercial General Liability Conditions 4. Other Insurance: d. Notwithstanding the provisians of sub - paragraphs a, b, and c of this paragraph 4, with respect to the Third Party shown below, it is understood and ag reed that in the Event of a claim or "suit" arising out of the Named Insured's sole negligence, this insurance shelf be primary and any other insurance maintained by the additional insured named as the Third Party below shall be excess and non - contributory. The Third Party to whom this endorsement applies is: CITY OF SANTA ANA PURCHASING DEPARTMENT 20 CIVIC CENTER PLAZA, SANTA ANA CA 92701 -401 0 Absence of a specifically Hamad Third Party above means that 1;heprovisions of this endorsement apply "as required by written contractual agreement with any Third Pally for whom you are pertorming work_" All other terms and conditions of this policy remain unchanged -. This endorsemantis effective on the inception date of the policy unless otherwise stated herein_ (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number Named Insured: Endorsement Effective Date: Authorized Representative Endorsement Serial No. USF 001 397 0201 Includes copyrigMe6 material of Insurance Services ORCa, Irre. wdFr its pem'+isslon Copyright. Insurance Serv�cas Ofrice. Inc_ 1994 POLICYHOLDER COPY 5D P.O. BOX 420807, SAN FRAIVCISCO,CA 94 1 42 -0 80 7 CERTIF]C/4TE OF WORKERS` COMPENSATION INSURANCE ISSUE DATE: 01 -01 -2072 � GROUP: POLICY NUMBER: 187.5457- -2012 CERTIFICATE 16 11 CERTIFICATE EXPIRES: 01 -01 -2013 D1 -O7- 2072/01 -01 -2013 CITY OF SANTA AI4A - -SD PURCHASING DEPT 20 CIVIC CENTER PLZ SANTA ANA CA 92701 -4058 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California insurance Commissioner to the employer named below for the pelicy period indicated. This policy is not subject to dancellatlon 6y -the Fund except upcn 30 days advance written notice to the employer. We wilt also give you 30 days advance notice should this policy be Cancelled prior to Its normal expiration. This certificate of insurance is not. an insurance policy and does not amend, extend or alter the coverage afforded by the policy Ilsted herein_ No #withstanding any requirement, term or condition of any contract or other document wath respect to which this certlf irate of insurance may ba lssuad or to which K may pertain, the insurance afforded by the policy described herein is subject to all the terms�e x�cl�us{on�s+, (/(a//n}d conditions, of sucfi policy. Authorlaed Representative � President and CEO EMPLOYER'S LIABILITY LIMIT ZNC LUDING DEFENSE COSTS: $1,000,000 PER OCCIIRR ENCE. ENDORSEMENT #2066 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -01 -2009 IS ATTACHED�TO AND FORMS A PART pA THIS POLECY.- - .1'd' it(� �/ I_ t> l,S 'T'O FOIZNI ..___— �� Laura Slat[ .Snccdy� �.- �,isL�nt City Film rnc:•. EMPLOYER HADRONEX., INC SD 38.1 ENQEL ST ESCONDIDO CA 92029 {Bt4,SD], PRINTED 02 -01 -2012 IREV.a- 10.101 239 0. , CERTIFICATE OF LIABILITY INSURANCE I DATE,MMfoomIYY, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, n210112013 THIS CERTIFICATE IS ISSUED AS A. MATTER OF INFORMA'Q�IN 0" 01 C"� ER�tt t�j'iIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE 005S NOT AFFIRMATIVELY OR NEGATIVEL''SS AIMEND;`BXT, NO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE ROLDER. � I ' 'I '? I` IMPORTANT: If the certificate holder is an ADDITIONAL INSU�ffp, the po0cy(ias),mUst; ba andorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may roquirsarl ehdorsement: A stef�inant on this certificate does not confer rights to the certificate holder in lieu of such antlorsoment(a . PRODUCER Phona: 760.745 -61$1 NAMTA Brouwer Insurance Agency License # 0464226 Fax: 780.741.5305 uc °N a ac 725 E. Valley Parkway Escondido, CA 82026 Na: EDOfiESS: w Jack Brouwer, CIO INSURER S APPORpING COVERAGE NA104 0210272013 INSURERA:Ataig1 eaial Corn any 117165 INSURED Hadronex, Inc. INSURER a: State COmpensation Ins Fund 381 Engel Street Escondido, CA 52025 — INSURER o: United Financial Casualty Comp 111770 INSURERS: �_ INSURERS: t INS RE F: COVERAGES CERTIFICATE NUMBER: opv:elnel ND :unpeo. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE uSTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPEOFINSURANCE POLICY NUMBER MM0OIIYYYFY P OODIYYXYPY LIMITS GENERAL LIASIUTY I ! EACH OCCURRENCE $ 2,000,00 A X COMMERuALGENERALL 1LITV , - - -� X CIPi 63667 0210272013 02/021201$ PREMISES (Eamarz�encei $ 100,00 CI.AIMS.MADE. OCCUR MED UP Any one parean $ $100 PERSONAL a AOV INJURY $ exclude IGENERALAQGREGATE 2,000 00 iGENLAGGREGATE LIMIT APPLIES PER a PRO- n PRODUCT i$ S excluded POLICY LOS $ AUTOMOBILE LIABILITY OMEINED 51—N —GLT LIMIT (Ea awldant 1,000,00 C i ANY AUTO ) 06264245 0112612013 01/26120141 BODILY INJURY(Perperwn) $ IALLOWNEP SCHEDULED AUTOS X AUTOS NON -0WNED I 1 aOpILV INJURY /Per eceidnnry $ HIRED AUTO$ X AUTOS PR R .DAMAGE Peradddant S i ( UMBRELLA LiAa ! / OCCUR �... EACH OCCURRENCE S IEXCESS WAS T CLAIMS -MApfi �, i AGGREGATE - 1 �T' I DED RETENTION S I � $ $ �- - WORKERS COMPENSATION WCSTATU - B AND EMPLOYERS' UASIUTY YIN ; ANYPROP.41TORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑NIA/ 1187$467 -2013 10110112013'01)0112014' l OTH E.L. E.L. EACH ACCIDENT iS 11000100 I I(MaPdatoryln NH) lf Yas, tleavihe under I � I - ( E.L. DISEASE E.EA EN7p�0yEE$ 1,000,00 OESCRIFTION EOPE TIONS nolow : 1E.L. DISEA6E- POLICY LIMIT 1,000,00 � i i DESORPTION OF OPERATIONS I LOCATIONS I VEHICLES (AHaaNACORDIDI,Additlonol Remarks Sahedaia, It mamapaSP is regeiradJ Certificate holder is named as additional insured per attached CG2010. Primary /Noncontributing endorsement also attached (USF 001 387 0201) APPROVED AS TO FORM Assistant. City Attornev SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS, Purchasing Dept 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701.4010 O 1908 -2010 ACORD CORPORATION. All rights reserved. ENDORSEMENT This Endorsement Changes the Policy ^ Please Read it Carefully PRIMARY AND NON-CONTRIBUTING INSURANCE (Third-Party's Sole Negligence) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PnooV(nBICOMPL5TED OPERATIONS LIABILITY COVERAGE PART RxiUnVao LIABILITY COVERAGE A BV8|NeunovVNE:8 LIABILITY COVERAGE Fonw The following is added to Section IV -Commercial General LiabilityrConditions, Paragraph 4: Section IV: COMmenCial General Liability Conditions Other Insurance: Notwithstanding the Provisions of sub-paregraphs a, b, and in of this paragraph 4, with respect to the Third Party shown below, it Is understood and agreed that in the event of a claim or "suit" arising out of the Named Insured's sole negligence, this Insurance shall be primary and any other insurance maintained by the additional insured named as the Third Party below shall be excess and rnoncontrlbutory. The Third Party oo whom this endorsement applies is: CITY op SANTA ANA PURCHASING DEPARTMENT 2u CIVIC CENTER PLAZA, SANTA ANA uA927n14o10 Absence uYa specifically named Third Party above means mmt,hv provisions mthis endorsement apply "as ifiquired bywrittem contractual agreementwith any Third Paryforwhom you are performing work." All other terms and conditions vf this policy remain unchanged. This endorsamantis effective on the inception date of the policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy) Po|icyNumhoc Named Insured: Endorsement Effective Date: Authorized Representative Endorsement Serial No. USE 00M3970201 Includes COPYIghted flest,611 mmmmn,,www` Office, m^wais'mmesion COF)Ydilhl, InsunincO Sevres Office, Inc. 1994 POLICY NUMBER: -liliiii; I 911:1,11fili II Il 1: I'll . - I I 0 COMMERCIAL GENERAL LIABILITY GO 2010 07 04 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART gff� Name Of Additional Insured Person(s) CITY OF SANTA ANA PURCHASING DEPT 20 CIVIC CTR PLAZA SANTA ANA CA 92701 A. Section 11 — Who Is An Insured is amended to Include as an additional insured the Persons) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the )ocafionl desig- nated above, LOCATIONS) AS REQUIRED BY WRITTEN CONTRACT, in the B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or .'Property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, an the Project (other than service, maintenance OF repairs) to be performed by or on behalf of the additional Insureds) at the location of vie covered operations has been completed; or 2. That portion of "Your work' out of which the injury or damage arises has been Put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 BROUWER INSURANCE 725 E VALLEY PKWY ESCONDIDO, CA 42025 1 -760- 745 -5151 certificate of Insurance RROG�SiEll!!/E° Policy numher. 062 642 4 5 -4 Underwritten by: UI•IITED FINANCIAL CASUALTY COMPANY February 2, 201 2 Page 1 of 1 Certificat¢ Holder Insured Agerrt CITY OF SANTA ANA HADRONEX 1NC BROU WER INSURANCE PURCHASING AGENT 38t ENGEL ST 725 E VALLEY PKWY 20 CIVIC CENTER PLAZA ESCONDIDO, CA 92029 ESCONDIDO, CA92fl25 SANTA ANA, CA 9270 S $5,000 COMPREHENSIVE This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the periods) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does nat change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed belaw are subject to aH the terms, exclusions, limitations, endorsements; and conditions of these policies. Policy Effective Date: Jan 28, 2012 Policy Expiration Date: Jan 28, 2013 lnsuranrx cmr¢rage(s) limits BODILY INJURY /PROPf RTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT UNINSURED /UNDERINSURED MOTORIST $500,000 COMBINED SINGLE LIMIT EMPLOYER'S NON -OWNED AUTO BIPD $1,000,000 COMBINED SINGLE LIMIT HIREDAUTO BODILY INJURYIPROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT Description of Locatior�/Vehicles /Spedal Items Scheduled autos on_ ly ... 1997 FORD EXPEDITION 1 FMEUI7LSVL686877 Stated Amount $5,000 MEDICAL PAYMENTS _ $5,000 COMPREHENSIVE $500 DED COLLISION $500 W /WAIVER DED 201 t FORD RANGER 1 FTKR1 ADXBPA37315 5[ated Amount $ 17,000 MEDICAL PAYMENTS $5,000 COMPREHENSIVE $500 DED COLLISION $500 W/WAIVER DE❑ - Certificate number 03312NET245 Please be advised tfiai the certificate holder will not be notified in the event of a mid -term cancellation. �- ��c� Form 5241 f10l027 Laura Stit[ Shc �'._� �+.s�istant City A! � -