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HomeMy WebLinkAboutDEKRA-LITE 7B-2013INSURANCE ON FILE VVORK MAY PROCEED UNTIL INSURANCE EXPIRES N- 2011 - 151 -002 ° - SECOND AMENDMENT TO AGREEMENT DATE OF COU �Q1[� FOR LIGHTING SERVICES DATE: i��,� o; �e THIS SECOND AMENDMENT, made and entered into this 30 1' day of December, 2013 by and between DEKRA -LITE, a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation (hereinafter "City "). RECITALS A. In September 2011, the City entered Agreement # 2011 -151 ( "said Agreement ") with Contractor for the manufacturing, removing and installing decorative street banners and lighting services. Said Agreement was amended on December 30, 2012 to extend the term thereof through December 31, 2013. B. City desires to amend said Agreement to again extend the Term thereof, and Contractor is able and willing to continue to provide such services to the City as demonstrated by its Proposal dated December 5, 2013, attached hereto and incorporated herein as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions said Agreement as hereby amended, the parties do hereby agree as follows: 1. Section 3, Term, shall be amended and extended through December 31, 2014. Pursuant to Section 3 of said Agreement, the term of this Agreement may be extended upon a writing executed by the Executive Director and the City Attorney. 2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By w � Lisa torek Assistant City Attorney DEKRA -LITE STERLING General Manager C T ANA DAVID CAVAZOS City Manager ATTEST$ MARIA D. HUIZAR/ CLERK OF THE COUNCIL Printed Using Geneva Business Management Systems ® Page 1 of 3 ®l®ekra-Llte" Decoration Innovation PRPO53118 3102 W ALTON AVE. SANTAANA, CA 92704 0 0 Faxn(71(4)1436-0612 II II I I II III I II I II III II ijsiryyi r'r1O 't Customer P.O. Number City Of Santa Ana Quote Date 12/5/13 Attn: Marc Morley Ship Date 1/6/14 20 Civic Center Plaza, M -25 Account Rep Stacey Jordan PO Box 1988 Santa Ana, CA 92701 USA Ship Via INSTALL Phone: 714 647.6558 Fax: 714 647 -6549 F.O.B. Payment Terms Santa Ana Net 30 Ig Sales Tax Code ORANGE City of Santa Ana Attn: Marc Morley Customer ID: SAN025 Artists Village Santa Ana, CA USA UOM Qty Unit Price Tax Extended Line Product ID Description 1 MATERIAL MATERIAL Each 1 $1,749.99 Y $1,749.99 LED Low Voltage Clip Light Materials 2 LABOROTHER Labor Each 1 $2,000.00 N $2,000.00 Maintenance of existing low voltage lighting in the Artists Village Trees Jan. 2014 3 MATERIAL MATERIAL Each 1 $583.33 Y $583.33 LED Low Voltage Clip Light Materials 4 LABOROTHER Labor Each 1 $666.67 N $666.67 Maintenance of existing low voltage lighting in the Artists Village Trees July 2014 5 MATERIAL MATERIAL Each 1 $583.33 Y $583.33 LED Low Voltage Clip Light Materials 6 LABOROTHER Labor Each 1 $666.67 N $666.67 1 Maintenance of existing low voltage lighting in the Artists Village Trees Dec. 2014 7 NOTE NOTE Each 1 $0.00 Y $0.00 Any additional trips for Low Voltage Lighting repair will be billed at $95.00 per hour - minimum 2 hours plus materials Printed Using Geneva Business Management Systems ® Page 1 of 3 11®ekrao Lite" 3102 W ALTON AVE. SANTA ANA, CA 92704 Phone: (714) 436-0705 Fax: (714) 436-0612 ACCEPTED BY DATE P RPO53118 Sub -Total $6,249.99 Misc. Fees 0.00 Freight 0.00 Discount 0.00 Tax $233.33 Total $6,483.32 AUTHORIZED SIGNATURE NAME DATE Printed Using Geneva Business Management Systems 0 Page 2 of 3 Dekra -Lite Terms and Conditions Warranty: We warranty to the original buyer that all of our displays and accessories will be free from manufacturer's defects. Under normal conditions of use and service, this protection is extended for six (6) seasons on all steel frames, five (5) seasons on garland, three (3) seasons on electrical wiring, and one (1) season on all computerized lighting modules. This warranty does not apply to light bulbs or light strands. Pole Mount displays are designed to withstand up to 40 mph winds with no ice load. Obligation under this warranty is limited to repairing or replacing any part that is found to be defective. LED Light strands have a warranty for three (3) 60 day seasons or 25,000 hours, whichever comes first. Simply ship the product to us and we will replace the LED Light strand free of charge. Frame Trees are covered by a ten (10) year warranty against defect under normal conditions and use. All items not specifically listed are covered by a one (1) season (60 day) warranty. Under this warranty, the company's obligation to repair or replace is on a non pro -rated basis, Labor to install and the cost of shipping are not included in this warranty and are expressly in lieu of all other warranties expressed or implied. Bulb burnouts or electrical damage caused by the buyer or weather elements, or damage caused by rough handling in transit are not covered by this warranty. Therefore, units should be inspected and tested for bulb outage upon delivery and prior to installation. All merchandise is carefully inspected before packing and is packed in an approved manner in approved cartons when it leaves the warehouse. For the purposes of this warranty lseason is defined as one installation and removal for a duration lasting no more than 60 days. Return Policy: Any returned products under the following conditions will result in a 20% restocking fee and the customer will incur the freight charges: Customer ordered incorrect product. Never opened or used product for its intended purpose. No merchandise returns will be accepted without prior written authorization. Return requests will be accepted for credit if submitted and approved within 30 days of receipt of product. Acceptance of Merchandise: All claims of merchandise delayed, lost or damaged in transit are the responsibility of the consignee /customer. When accepting shipment, claims of any missing cartons or visible damage must be noted on delivery driver's bill of lading or the receipt of delivery. All claims must be filed with the delivering carrier. Failure to properly file claims may result in refusal of the claim by the carrier. General Terms: The parties agree to the following additional terms of this contract This contract is governed by California law and is the entire contract between the parties, superseding all prior conversations and writings between the parties. In the event of a dispute arising out of this Contract, the parties shall arbitrate in Orange County before a single arbitrator selected through J.A.M.S. /EN DISPUTE. Any judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. T he prevailing party in arbitration shall be entitled to its reasonable attorney's fees and costs. A deposit of 50% plus any applicable sales tax is due upon execution of any contract with installation services, custom or special product. The balance is due on the installation date or upon shipping unless specified in payment terms on the proposal /order. Cancellation and reductions are subject to a 20% restocking fee. Any amount not paid when due, is subject to a late charge of 1.5% per month (18% per annum). All payments are due according to the terms of each individual proposal /order. Installation: All requested changes to the described work on the proposal /order will be subject to additional charges. Installation dates are approximate and generally scheduled as a date range. All installation or ship dates specified are subject to change due to inclement weather, acts of God or unforeseen circumstances beyond our control. Changes may occur for reasons including but not limited to, weather conditions, property accessibility, early project completion, or acts of God. Electrical Requirements: Owner is responsible for providing and maintaining adequate and functional electrical outlets adjacent to the proposed locations for lit decorations, tree lights and building lights. GFI receptacles can, will, and should interrupt power to decor or lighting in the presence of water or heavy moisture sometimes caused by rain, fog, dew, and sprinklers. Wet decor, lighting, outlets and surrounding areas may take several hours after exposure, and in some cases days, to completely dry before receptacles can be reset and power restored. Dekra -Lite is not responsible for outlets that will not reset due to the presence of moisture. Lighting or decor outages must be reported to our operations department. Dekra -Lite is not responsible for unreported outages that we have never been made aware of. Dekra -Life is not responsible for any products damaged or lost due to vandalism, extreme weather conditions, or acts of God. This includes leased product. The owner accepts all responsibility while the decor is installed on their property. Dekra -Lite will make efforts when possible to replace such product for an additional charge. Storage: Storage charges and dates begin upon removal of decor each year and end November 1 at annually. Items not installed must be picked up or have a storage fee paid prior to November 1 at of the current year. Unpaid storage or unclaimed items may be discarded without further notice. Insurance: Our standard liability coverage limits are $2,000,000.00 General Aggregate; 2,000,000.00 Products - Comp /Op Agg.; $1,000,000.00 Personal & Adv. Injury; $1,000,000.00 Each Occurrence; $1,000,000.00 Automobile Liability; $1,000,000.00 Workers' Compensation. Our excess liability coverage limits are $2,000,000.00 General Aggregate; $2,000,000.00 Products- Comp /Op Agg.; $2,000,000.00 Each Occurrence. Other insurance requirements including special language, endorsements or additional coverage may be able to be obtained at the expense of the customer. Printed Using Geneva Business Management Systems 0 Page 3 of 3 :I a L'� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1 4/9/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND 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 HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Spectrum Risk Management 74 Discovery Irvine, CA 92618 www.spectrumrisk.com OC77485 CONTACT NAME: AQcount Manager PHONE IAIC No Exth 949 -755 -5730 AIC No - - E -MAIL ADDRESS: C INSURER(S) AFFORDING COVERAGE NAIC4 INSURER A: Golden Is Insurance Corporation 10836 INSURED Dekra -Lite Industries, Inc. 3102 W. Alton Ave. Santa Ana CA 92704 INSURER B: - 4/8/2013 INSURER C: EACH OCCURRENCE INSURER D: DAMAGE TO ff —E RENT PREM CBS Eae no I nce INSURER E: MEG EXP (Any one person) INSURER F: PERSONAL &ADV INJURY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF M10L11S YY POLICY EXP MMIOB/YYYY LIMITS A GENERAL LIABILITY ✓ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I✓ OCCUR ✓ No Deductibles ,/ CBP8903147 4/8/2013 4/6/2914 EACH OCCURRENCE $ 1,000,000 DAMAGE TO ff —E RENT PREM CBS Eae no I nce 5 8 00,000 MEG EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY f �/ PRO- LOG _ PRODUCTS - COMP/OP $ 2,000,000 _AGO $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTO B ✓ AUTOS No Liability Deductible BA8903247 4/8/2013 4/6/2014 COMBINED dED SINGLE LIMIT $ 1,000,000 ✓ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ _✓ PROPERTY DAMAGE Peracc!dent $ $ $ A UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE CU8903347 D 41812013 To � 4/8/2014 �M EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED ✓ RETENTION$NIL Prod/Comp OpsA re to 2,000,000 $ WORKERS COMPENSATION ANDEMPLOYERSLIABILITY YIN ANY PROPRIETORIPP.RTNER EYECU "I'dE � OFFICERIMEMSER EXCLUDED? L (Mandatory In NH) byes DESCRIPTION under DESCRIPTION OF OPERATIONS below NIA - ///111 e " ��y ��X^/� t .�t�)yQ ? t GI " " "-"- v1 n�J TVRVI\ y AttOrne WC STATU- OETH- TORV LIMITS NR c L EPC" 1CCIOEI ?'. S EL. DISEASE- EA EMPLOYEE, __ __ S E.L. DISEASE - POLICY LIMIT § DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The Community Redevelopment Agency of Santa Ana is named as additional insured if required by written contract per attached CG2037 0704 CERTIFICATE HOLDER CANCELLATION City of Santa Ana Downtown Development Division 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alfonso Galvez © 1988 -2010 ACORD CORPORATION, All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CEFT NO.: 1s930sa9 Lea Same 1/1/1r1' a D1 :la AD Pag1 i of 2 P0I10y Nun 1b0r: CBP8903147 Covorage is Provided In PEERLESS INSURANCE COMPANY -A STOCK COMPANY Named Ensured: Agent: Dekra -Cite Industries, Inc. SPECTRUM RISK MANAGEMENT 8, INS Agent Code: <129595g Agent Phone: (949) -756-5730 THIS ENDORSEMENT CHANGES -rpiE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL, INSURED -- OWNERS, LESSEES OR CONTRACTORS _- COMPLETED OPERATIONS This endorserent modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section iE — Who Is An Insured Is amended to include as an additional insured the person(s) or organizalion(s) shown in the Schedule, but only with respect to liability for "bodEly injury "' cr "propelty darnage" Cauaed, In vahole or in port, by "your work" at the location designated and described In the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE A: RLED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADD'L INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFC)RDED UNDER THIS COVERAGE PART' Location And Description Of Completed Operations: ANY LOCATION AT WHICH YOU PERFOMED WORK DESCRIBED IN WRITING IN THE CONTRACT", AGREEMENT OR PE_A,MIT FOR A PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED AS AN ADDITIONAL. INSURED IN THIS ENDORSEMENT', Information required to complete this .Schedule, if not fihown above, will he shown in the Declarations. 1001410 139018 NN173635 2809 CERT NO.: 15990584 Lea Panda 419/2013 0:43:10 AM Page 2 of 2 A'pp'?, '�WFD AS TO FORM t J'0 r— STORCK sslstarlt G::r Attorney, 004 priDM0rs0ri 1.1HJ1418 GCAFPPN 00061222 Pap, 15