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HomeMy WebLinkAboutSAN JOAQUIN CHEMICALS 3 - 2003 "'INS~ANCE--'ON FILE ..AJt.f. 1-\\~)bJ.{ WORK MAY' - PROCEED 4~;J} CLERK OF COUNCIL DATE: 9-9-0,3 CONSULTANT AGREEMENT N-2003-084 c: r;(¡ , ('^- GhA$'t. ) , ¡:;It'\ / Lt. 6¡J~ THIS AGREEMENT, made and entered into this t', r day of S~Gtl. 2003 by and between San Joaquin Chemical Inc. a California Corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws ofthe State of California (hereinafter "City"). dI RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of water treatment and chemical services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the perfonnance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services perfonned by Consultant under this Agreement will be perfonned in compliance with such standards as may reasonably be expected ITom a professional consulting finn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tenns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perfonn those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $ 9,340.00 during the tenn of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work perfonned, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of perfonnance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agree~ent shall commence on the date first written above and tenninate on September I, 200lrunless tenninated earlier in accordance with Section 12, below. The tenn of this Agreement may be extended upon a writing executed by the Executive Director of Finance and Management Services and the City Attorney. " ' 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tenn of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perfonns the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all 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 perfonnance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured( s) and shall include, but not be limited to protection against claims arising ITom bodily and personal injury, including death resulting thereITom and damage to property, resulting ITom any act or occurrence arising out of Consultant's operations in the perfonnance 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 thereITom, and property damage, in the total amount of$I,OOO,OOO per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the fonn attached hereto as Exhibit B upon execution ofthis Agreement and shall be approved in fonn by the City Attorney. b. Business automobile liability insurance, or equivalent fonn, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the perfonnance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant 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. 2 : ' . e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in fonn by the City Attorney. 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. (ii) (iii) f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required 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 tenninate this Agreement. Such tennination shall not effect Consultant's right to be paid for its time and materials expended prior to notification oftennination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work perfonned prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives ITom liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise ITom the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I ofthis Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason ofthe tenns of or effects arising ITom this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the tenns of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense ofthe City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the tenns of, or effects arising ITom this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives ITom the City infonnation which due to the nature of such infonnation is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such infonnation except in the perfonnance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own infonnation of 3 " . , like importance, but in no event less than reasonable care, "Confidential Infonnation" shall include all nonpublic infonnation. Confidential infonnation includes not only written infonnation, but also infonnation transferred orally, visually, electronically, or by other means, Confidential infonnation 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 infonnation that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or ( e) is independently developed by the Consultant without reference to infonnation disclosed by the City, 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with perfonnance 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 ofthe 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 Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M-II) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5008 and, 4 : ' City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P,O, Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: San Joaquin Chemical Inc 4684 East Hedges Avenue Fresno, CA 92703 Attn: James A Alewine A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address, If sent by mail, any notice, tender, demand, delivery, or other 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, any notice, tender, demand, delivery, or other 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 ITames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the tenns of this Agreement and any attachments hereto, the tenns 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 Consultant. The parties agree that any tenns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that tenns and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without 5 , ' 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 perfonned by City personnel or by other consultants retained by City, 12. TERMINATION This Agreement may be tenninated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services perfonned by Consultant prior to receipt of such notice of termination, subject to the following conditions: a, As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate, b, Payment need not be made for work which fails to meet the standard of perfonnance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, tennination or other employment related activities. Consultant affinns 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, perfonnance, and enforcement shall be government and construed in accordance with the laws ofthe State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, perfonnance, and enforcement of any of the clauses of this Agreement shall be detennined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason ofthis Agreement, 15. PROFESSIONAL LICENSES Consultant shall, throughout the tenn ofthis Agreement, maintain all necessary licenses, pennits, 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, Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such pennits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for tennination ofthis Agreement. 6 , . 16. MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the tenns 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, ATTEST: CITY OF SANTA ANA ~EAM-t:::- City Manager PATRICIA E. HEALY Clerk ofthe Council APPROVED AS TO FORM: JOSEPH W, FLETCHER City Attorney By: Michael Vigtliotta Deputy City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT es Alewine ea Service Manager 0 . Oloma Executive rector of the Finance Ana Management Services Agency Employer ill # or Individual SS # 7 \ ' . - . ~ SAN~~t,~~~$~~CALS. INC. WATER CONSVl.iAt-.'TS May 22, 2003 SYSTEMS ENGh'lEERING MANUfACfURING CHß\o1ISTS Mr, Mario Ghizzi, Building Maintenance Superintendent City of Santa Ana ' Building Maintenance Division 20 Civic Center Plaza, M-II Santa Ana, CA 92702 Subject: Warer Treatment Program . SAN JOAQUIN CHEMICALS, INC., will supply wl}tèr treatment chemicals and service for City of Santa Ana, " / ." This service will include supply of all necessary water treatment chemicals for the recirculating cooling water system, hot and chilled water loop. Our SANACOR 2633 is a phosphonate formula with copper ínIu'bitors, antiscalants. disp~ts and additional corrosion in!úbitors, Our SANATOX AI02 is a liquid compound for the prevention ofbiologica1 fouling of evaporative condensers, The SAl'fACOR 2301-A is a buffered nitrite formulation with copper iDlll'bitors utilized to limit the corrosion of the closed water loop. This product is provided for the City of Santa Ana's Hot Water boilers and Chilled water loops, located at the Detention Facility. SAN JOAQUIN CHEMICALS, INC, will supply our SANASPERSE 2702 and SANASOL V 2909 de-mud program once a year to insure clean heat transfer surfaces after and before the Cooling season. TIùs program is performed during nonnal operation of the condensers and will not limit equipment perfonnance. \ , . . SAN JOAQUIN CHEMICALS, INC., will deliver all chemicals and add the products to the inhibitor container and the cooling tower during each service visit. A SAN JOAQUIN CHMEICALS, INC., representative will visit your facility once a week. During each visit our service person will perform a water analysis of each system and provide a written report of the findings. We will remove all empty containers fi'om the City of Santa Ana facility. SAN JOAQUIN CHEMICALS, INC., will clean your condensers at no additional cbarge if we foul them during our contract period. S<HIBIT A 4684 East Hedges Avenue' Fresno, CA 93703 . (559) 252-3727 . FAX (559) 252-9514 12329/6 Gladstone Avenue . LakeviewTerrace, CA91342 . (818) 365-4243 . FAX (818) 365-6945 Call10rnla Comractor's License #461677 e ~v þg:g £00(; '£(; ~e~ '~ep,,~ ~ ' . . I 0 In addition, SAN JOAQUIN CHEMICALS, INC., will supply loaner controUer and chemical pumps for 30 days, Tlûs will aIIow sufficient time for repair or replacement of malfunctioning equipment. We will clean the cooling towers twice a year and remove the debris ftom The City of Santa Ana's property, . SAN JOAQUIN CHEMICALS, INC" will invoice City of Santa on the 30th of each month for $695.00 for services rendered. This price quoted in this water treatment program is guaranteed for three (3) years, SAN JOAQUIN CHEMICALS, INC., will extend these prices for three years. If you have any questions, you may contact me at (818) 365-4243. . ~ ." s Alewine Service Manager SAN JOAQUIN CHEMICALS. INC. 4684 East Hedges Avenue' Fresno, CA 93703 (800) 647.9577 . (559) 252.3727 . FAX (559) 252-9514 I' \f rg:g £oœ'£~ Áe~ 'Áep!';; "ulM"I'" sewer . ' I. . EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising ITom the operations and uses perfonned by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses perfonned by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3, This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits ofliability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement fonn as a part of Named Insured Countersigned by Authorized Representative AUG-13-2003 WED 02:16 PM FAX NO, p, 01 . SANJOAQ.02 ACORD,. CERTIFICATE OF LIABILITY INSURANCE l'RepUCeA License # OE02096 (559) 432-0222 THIS CERTIFICA'TE IS ISSUED AS A MATTER F . ONLY ANO CONFERS NO RIGHTS UPON THE DIBuduo & DeFendlS In5ur~nce Brokers, LLC HOLDER. THIS CERTIFICATE DOES NOT AMEN, License #OE02096 ALTER THE COVERAG AfFORDED 8Y THE POLICI P.O, Box 5479 Fresno, CA 93755-5479 src INSURERS AFFORDING COVERAGE IN&IJRaI San Joaquin Chemicals Inc. 4684 East Hedges Ave Fresno, CA 93703-0000 IN5U...A, meric n Intern al S eclal\Y. Lines INSlJ~" B: Commerce & rtdustrv InsunncB ComDilnv IN5U..- c; State Comoensatio'llnSurance Fund l~uRER 0: INSUReR e: COVERAGES THE POLICIES OF INSURANCE LISTED BE"OW HAVE BEEN ISSuED TO THE INSURED NAMED ABOVE FOR THE POI.ICY PERIOD INDICATED, NOTwITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 011-1ER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIt'. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HeREIN IS SUBJECT TO A1.L THE TERMS, eXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEet' REDUCED BY PAID CLAIMS. INI~ . - POUCY EFF&C'mI& PR~.fIl!Y UPlAATlQN - T'l'P& Of' INSuRANCE fIIOUCY NU"'IER L.IMlTs r!!NERAL I.tAoElILrr1' EACH OCCURRENCE $ 1.000.001 A X COMMEA.CIAL GENeRAL LIASI!,!,..,. EG1957706 4/30/2003 4/30/2004 .E.!.~ DAMAGe (Any Qne nre) $ 100,001 I CLAIMS MAOe [i] OCCuR 1 0 DAY NOTICE FOR NON-PA Y ENT OF PRE! IUM, MEO eXP (MI,I On; pcr&Oft) $ 5 DOl PERSONAl.. &. A"" IttJURY $ 1 000 001 I-- -"- I-- G&NERAI.,AOGREGAT5õ $ 2 000 DOt ñ'LAGG~ñE LIMIT AñS PER; PROtlUCTS - CO,",pIOP AGG $ 2,OOO,DO( POLICY ~~ I.oe ~UTOM08tl.e LIABILITY COMBINED SINGLE LIMIT $ 1,OOO.OOD B ..x. ANV AUTO CA5053817 4/30/2003 4/30/2004 (Eaaccii:ler'll) I- ALL CWNEC AUTOS BOOII. 't' INJURY $ SCHeOUlED AUTOS ~:~ ~ (Porpmon) - .. ~ HIRED AUTOS BOD!L Y INJURY IPO!I'sc:cidlltl1t} $ - NO lJ.()WNED AUTOS 1--- .. - ~-A '1. PMF'ERTY DAMAGE $ (Pti'.9ccil;le:nl) ~~G' UAaIUTY I I ~~ ./,. U..:..- AUTO ONLY - EA ACCIDENT $ ANV AUTO OTHER.ntAl'4 iA ACC $ AUTO ONI. Y: AGG S EXCESS LIABIU'N EACH OCCUAAE;NCe $ 1 000 00 A ~ OCCIJR 0 CLAIMS MAPE EGU19~¡ROVED AS °4Æ0iè80'sI 4/30/2004 AGG~~IL-~ $ 1 000 DO ( .ry:n 1--.. - $ 8 eeCUCTlBl. /7......-1-:P1¡", -,lid $ X ReTENTleN $ 10 000 TaM" !<',¡f, êv -" .. '..- $ WO!l:KERS COMPEtllSATlON AND Deputy Cil) Auornc/ X I WCSTATV, ,..fIt - C EMPI.,OYIERS' UAIi!III.JTY 6/29/2003 6129/2004 1 ODD,OO 168187503 ri.~~' eACH ACCIDeNt S , e.L. ~SEASE - I!A EMPLOViE $ - 1.D0Q.~ E.L. OISf;ASE. fIOLICY LIMrr s 1 ODD DO OTI- EA DESCRlPT!ON OF OPERA 'T'IONSlLCCATIONSN&:"'IC"èlEXCLUSto~ ADOED IY E~DORSI!NENT/SP¡¡¡CIAI. PROVISIQNS City of Santa Ana, its officers, employees, agBnts, volunteers and resprBsentatives are named as Additional Insured por form 65386 (2/98) attached, Such insurance as is afforded by this polley is primary and is not additional to Dr contributing with any other Insurance c..med by Dr for the benefit of the additional insured, CERTIFICATE HOLDER J X I ADO TIO~AL INSURED; INSU!U:R I.EiTER: CANCELLATION City of Santa Ana SHCULD AIIIY QF T) E AeOVE "ESCRlall) POLrCJIS BE CANC.lI.LGC BEFORIE 'THE EXP8AAnoN UATE THIJR&OF. THE ISSUING INSUqA WILL ENð~VO'" TO MÞ.II.L-ÞAYS WRfTT1¡N Building MalntBnance Division NOTICE TO TI'1Ii CERtrFlCATJ, HOLDER NAWEO To THE LE". BUT FA,/I.UM. TO 00 IQ SHALL 20 Civic Center Plaza #M-1 Santa Ana, CA 92702- IMPOSE 1110 08UGAT1DH 0" UAfllUTY OF AtIY KIND UPoN THE NSURER, 111 AGENTS O~ REPRiSIiN1ATIVES. AUTHOIUZEO RIEPRESENTATlV! .... ~- =' .£>. I -- ----- AUG-13-2003 WED 02:16 PM FAX NO, p, 02 SANJOAQ.02 STC IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer righl$ to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED. subject 10 the terms and conditions of the pOlicy, certain policies may require an endorsement. A si8tement on this certificate does not confer rights to ihe certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between iIle issuing ìnsurer(s), authorized representative or producer, and the certificate holder, nor does it affirmaiÎvely or negatively amend, eXtend or alter ihe coverage afforded by the policies listed thereon, ...........-..- ... .-.--. AUG-13-2003 WED 02:16 PM FAX NO, p, 03 ENDORSEMENT No, This endorsement, effeclive 12:01 AM: ApriL 30, 2003 Forms a parI of policy no,: F.G195770a Issu'!d to: SAN JOAQUIN CHEMICALS, INC, By: AMERICAN INTERNATIONAL SPECIAL Tv LINES INS. CO, iHIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY COVERAGE A, B, AND C ENHANCEMENT ENDORSEMENT ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS FOR COVERAGES A, B, AND C This endorsement modifies insurance provided under the tollowir'lg: COMMERCIAL GENEFlAL !.IABILlTY POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEDULE Name Df PerSDn or OrganizatiDn: ICity of Santa Ana, it$ ~fftcer5. empl~yees. agents, v~luntÐ.er5.and fesprQsematives ar& named i5 Additional Insured rnsurance carrie:~~ho~n:O~r~h:C~::.~~t ~~~~~.add~rti~~~ti~~~~~~Prirt1.ry and is nO! addilional to or cDntributing wl!h any other 'APPROVED AS TO FORM ~ eplllY CilY AttorneY: (If no entry appears above, information required to complete this endorsement will be shown in the Dec- laratiDns as applicable to this endorsement) With respect to Coverages A, 8, and C, WHO IS AN INSURED (Section II) is amended to include as an insured tns person or organization shown in Ihe Schedule, bUI only with respect to liability srising oul Df your ongoing operations performed for that insured, .f' ~ul 23 03 05:07p SJC IHC 559-252-9514 p.1 0 SAN JOAQUIN CHEMICALS, INC. 4684 East Hedges Avenue 12329-6 Gladstone Avenue Fresno, California 93703 Lakeview Terrace, CA 91342 (559) 252-3727 FAX (559) 252-9514 (818) 365,4243 FAX(818)36S,6945 WATER CONSULTANTS. SYSTEMS ENGINEERING. MANUFACTURING CHEMISTS NAME: I-AI"tJ2..IO E::1H IZ,.,-\ DATE: ì-2~-D:::, COMPANY: C.A\'4 o\-' ~ ~ FAX NO,: 6\~ to4-ì ,; ,ÐCP ~42.. \ FROM: "" l c... HE;u.,.E- PAGE: 101'='3 If transmission is not clear, please call (559) 252-3727 Enclosed please frod: ~ RE:í2. ~[ [ RE: [ ] For your infonnation ] Please contact me ~] In accordance with your request ] Please read and advise [ ] Please sign [ ] Please read [ ] For your review [ ] Please acknowledge receipt [ ] For your files ~\G. - '-10...;:, , , , water is our profession California Contractor License 461677 SEP-30-2~04 THU 11:43 AM FAX NO. ,< SANJOAQ-02 P. 02 ACORDnø CERTIFICATE OF LIABILITY INSURANCE CATE (MMlDDl't'Y'NI 9/24/2004 PiiõõüJER (559) 432-0222 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DiBuduo & DeFendis Insurance Brokers, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #OE02096 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Sox 6479 Frosno, CA 93755-6479 INSURERS AFFORDING COVERAGE HAlC# S.n Joaquilï-Chemicals Inc. .......... INSU~R -;:: Arne rican..!!!ternationaiSpeCialty ~i nes "...'-. INSUReD 4684 East Hedgc$ Ave INsuAeA,~:,~ommerçe & In~~n9u"'nce Compan -...,-- ""'''"',,.-.. Fresno, CA 93703-0000 ,!NSURER c: State Compens!tion Insurance Fund,- ¡J - dCQ3 -D f4 INSURER 0: '''''- ",.... I ',. INSu~E~ E: I AYDA COVERAGES THE POLICIES OF INSURANCE LISTED 8EI-OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENi, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH ReSPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORCEC BY Tl'te POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POL.ICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED ßY PAID CLAIMS. " ,', POUCY NUMBER POuCY EFFECTIVE POUCY EXf'IRAnì?~ UMmi A GEf\I¡¡RAL LIA8 L 'rr X COMMERCIAL GeNERAL LIA81LITY EG195770e CLAJMS !MDt:. [!] OCOu~ p ~ tea occurence) , $ . MED EX!' (Any ¡;me P8rSO,nJ;-- s PERSONAl. /I ADV INJURY $ GENERAL''';GGReGA~E. Is'" PROOUÇ!.~ - COMf'IOP AGG $ '- EAC o OCCURRENCe -... 4130/2004 4130/2005 .---J GEN'L AGGREGATE LIMIT APPLIes PER~ PR . LOC B 4130/2005 COMBINEO SINGLE LIMIT (Ea aCd ~ent) CA50S3817 ANY AUTO ALL OWNEiC AUTOS SCHeOUlED Auras 4130/2004 800lL Y INJURY (Per person) HIRED AUTOS NON-OWNED AUTOS 80CIl Y Il\IJuAY (Per accident) 1/1 PROPeAYy DAMAGE (Per acci~eoL) GARAG¡¡ LIABILITY ANY AUTO AUTO ONL !: EA ACCIDENT $ OTHER THAN ~ ACe $ AUTO ONLY: AGG S A D:C¡¡SSlUMIlREI-L4 LtAIIlLlTY OCCUR 0 eLAJMS MAce EGU1957709 4/30/2005 EACH q,~CURRI>NCE AGGRI>GATE 4130/2004 C OEOUCilBLe X ReYENnON S 10,000 N WORKERS COMPE/IItATION ANO EMPLOYüS' LIABILITY ANY PFlOPRIETORIPAFtTNERlEXECUTlVe OFflCERlMEMIIEA ExcluOfi'O? If }lA, IIsscrloe under SPECIAL P~OVISJON8 DetOlO' OntEiR 6/29/2005 WC STATU. I e.l, EACH ACCIDENT $ E.L:'PlseASe - EA EMP~OYEJ $ E,l, OISEASE. ~LICY LIMIT I $ "' 168187504 8/29/2004 $ $ $ $ $ S $ $ $ DesCRIPTION OF OPeRATIONS J LOCATIOHS I VEHIClQ I EXCLUSIONS ADOSD 8'1' EiNDOaSEMENT I SPECIAL f'R0VIS1ONS City of Santa Ana, its officers, employees, agents, voluntoers and resprtlsentatives are named as Additionallneurad. Such insurance as is afforded by this policy is primaty and is not additional to or contributing with any other insurance carried by Or for the benefit of the additional insured. CERTIFICATE HOLDER City of Santa Ana Building Maintenance Division 20 Civic Center Plaza #M-11 Santa Ana, CA 927'02- CANCELLATION 9MOIJLCI ANY OF 'f}¡E ABOVE CESCRiBED POLlCI¡¡s liE CAN<:ELLEC BEFORe THE EiXPIAATION PATE YHEREOF. THe ISSUING INSUR ;R WILL ENDEAVOR TO MAIL 3~ DAYS W~N NOTICE TO THE CI'ImFICATE HOLDER NAMED TO THe: I-£FT, ElllT FAILURe to DO:;O $HALL IMPOSE NO oeLlGAnoN Of! LIA8/Llrf OF ANY I<IND UPON TH ; INSURER. ITS AGE/llTS OR REPRE$E/llTA'I1V¡¡s. AUTHOIIIIZEO REPRESElfTATlVE ~ ~~. SEP-30-2~04 THU 11:44 AM FAX NO. ... IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be eodorsed. A statement on this certificate does not confer rights to the certificate holder In lìeu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the pOlicy. certain pOlicies may require an endorsement. A statement On this certificate does not confer rights to rhe certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of thIs form does not constitute a contract between the issuing insurer(s), authorized representative or producer. and the certificate holder. nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~/.d, P. 03 SANJOAQ-02 AYDA SEP-30~2Ð04 THU 11:44 AM FAX NO. P. 04 , '. ",,: - ENDORSEMENT NO. 1 "--"." This endorsement, effective 12:01 AM: April 30, 2004 Forms a part 01 policy no.: EG 1957708 Issued to: SAN JOAQUIN CHEMICALS, INC. By: AMERICAN INTERNATIONAL SPECIAL 11' LINES INS- CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUL-L Y COVERAGE A, 8, AND C ENHANCEMENT ENDORSEMENT ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS FOR COVERAGES At 6, AND C This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEDULE Nama of Person or Organization: Where Required by a Written Contract 'PueL¡ $/) (If no entry appears above, information required to complete this endorsement will be shown in the Dec- larations as applicable to this endorsement) With respect to Coverages A, S, and C. WHO IS AN INSURED (Sectiol" II) is amended to include as an insured the person or organization shown in the SChedule, but only wíth respact to liability arising out of your ongoing operations performecl for that insured. ¿?~ AUTHORIZED''''REPRESENTATIVE -..n, '...._- or countersignature (In states where appllçable) - ACORPM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY) 9/6/2006 PRODUCER (559) 432-0222 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DjBuduo & DeFend is Insurance Brokers, LLC ONLY AND CONFER:S NO RIGHTS UPON THE CERTIFICATE License #OE02096 HOLDER. THIS CERTIFICATE DOES NOT AME:ND, EXTEND OR P.O. Box 5479 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fresno, CA 93756-5479 --J INSURERS AFFORDING COVERAGE I t-muRED NAIC# San Joaquin Chemicals Inc. NSURE~ A American International SpeCialty Lines 4684 East Hedges Ave Ai - ,uX):!rcfij'l , l'iSURER 1-'. Commerce & Industry Insurance Company Fresno, CA 93703-0000 /J . ;WOj .ul?..J-iJ/ IIr'SIJRi:R ,~ State Compensation Insurance Fund 1 /0 .. ~j .ol?'-i- ()). ,"~SUF:FR n i I~.S! iF;FR E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING IWY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 'NM N~O'Y - ~- ;~- ------;~LICY NUMEl~R - I POLlCY ~1'~ggnvE ~NERAL LIABILITY 1 A X ,~. .f "',,,"0"'", .OC,",,", """'UT> 7004964 4/30/2006 tile,""""",,, 0''''.''1 1 1''"III'L--''J:''~I'''}'''l~H~:,""~,cm I 1 AU;:~~~;:ELI^8IL'i~' I I LOC I' I X "NY' ;"JTO 7004966 4/30/2006 I 1 I I -=J I i I 4/30/2006 1 I 6/29/2006 1 1 IpC'fLlCYEXPIRAi10N I D EM I I 4/30/2007 B I r I 4/30/2007 I X ALo-hNfu,"L'TC>3 ~SCHE[J~L[)"L'i:"3 ~~ t-TIED !\JTOS Ij '~ON-O'i'.'i',[D,6JJmS f----_ GARAGE L1ABILrN ~ AH(AUr~l ~~ESSIUMBRELLALIABILITY ~ '~'(-'-,R ~1 ~L,';' I,.-IS MiDE 17004965 l I' [':::[lUi~IIt:'LI:: I X 0E-:E11 1(_'1" 10,000 , WORKERS COMPOiNSATION AND I C I ~~~~~~,~~~,S~~~~~L~::"JERirin-UT /E 168187506 r)H-I'_:r::f'.:';lllcN8FF'~/CIII,J-"'" A I 4/30/2007 6/29/2007 r,A.'." OTHER SANJOAQ 02 AYOA LIMITS $ 1,000,00 $ 100,000 $ 5,00 --. PEI"SO,'-JA,L 1ADV '~,,'URY t 1,000,000 GEI.'o:r,.-'..:..AGC;PE3,"ITC I> 2,000,00 rCOD'.CTS. ,.oce.-.-p h'-''- ;--_-3000,000 CCI\1ClrjE[J s."r;GI F 11~.1iTJ f 1,000,000 IE"accpj"'"0 EA'~r-< UC:URPE'iC" PRCMISES lEd u,,,:upnC8) "ED~:P(Anyon"OersrX,1 ~9DIL! '~..JIIR' ---+' We, ~Hr''',l: - -- .-- "--i-'---- ~OiHEf'.:~'IN: ~'.S~-- AI,TC'_"'lcl /;')) 1$ EAC', 'j-./~:u<c;:::"====e='CE $__ 5,000,00. I A(.q~EG"~E__ $ _~,OOO,OOO , f.-=--=---=-- ---;.. - -~ f XI ~~~2r\,~ids t:_L E."/.J.,ACCl~Eh~ -'t1- hj, 1,000,00 ---- 1,000,000 -.._-- 1,000,00 :::: l C'lSC"~~C - E~, ::r.p :"fF" --- ::o~, '''(I HIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SI'IiCIAL PROVISIONS Cancellation: Ten day notice of cancellation for non-payment of premium. ertJflcate holder is named as additional Insured as respect to general liability per attached AIG Company Form. Its officers, employees, agents, volunteers and respresentatives are also named as additonallnsureds CERTIFICATE HOLDER CANCELLATION City of Santa Ana Building Maintenance Division 20 Civic Center Plaza #M-11 Santa Ana, CA 92702- SHOULD ANY OF THE AI'lOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER W1LL~~~MAIL 3L_ DAYS WRITTEN NOTICE TO THE CERTlFIf.ATE HOLDER NA.MED TO THE LEFT, BOiX)tIlXj)(iK~X/l(Mj(il(. ~M<<lOO<~liKlOOOOOt~lilOOt_)tiU_XX ltQl>X_1\\i(~ , / AlJTHORI7EDREPRESENTATIVE '. I ACORD 25 (2001l0B) ;; LCCty ;! .-S /->:...- ~ --~~-"~----=- @ACORDCORPORATION 1988 SANJOAQ-02 AYDA IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. A statement on this certificate does not confer nghts to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract betvv'een the issuing insurer(s), authorized representative or producer, and the certificate holder. nor does It affirmatively or negatively Elmend, extend or alter the coverage affarrled by the policies listed thereon ACORD 25 {2001J08) ,-/65 2/?> ENDORSEMENT NO.7 Thll endorsement, effective 12:01 AM, April 30, 2006 Form. a part 01 Policy No: EG 7004964 Issued 10: SAN JOAQUIN CHEMICALS, INC By; AMEI1ICAN INTERNATIONAL SPECiALTY LINES INS. CO. THIS ENDORSEMENT CHANGES THE POlICY. PLEASE READ IT CAREFULLY COVERAGE A, B, AND C ENHANCEMENT ENDORSEMENT ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS FOR COVERAGES A, B, AND C This endorsement modifies insurance prC\rided under the following: COMMERCIAL GENERAL LIABILITY POLLUTION LEGAL LIABiliTY COVERAGE FORM SCHEDULE Name of Person or Organization: Where required by written contract (If no entry appears above, il1formation required \0 complete thiS endO/semont will be shown in the Doc- IBratlons as applicabkt to this endorsement) With respect to Coverages A, e, and C, WHO IS AN INSURED (Soction II) is amended to include as an insured the person or organization shown in the Sc~]Ule bYJt 0 with r9S~bfllty arising out of your ongoing oparations performed for that Insured. -:--1 ~ ~-~----- .7 " r", ''',z ."J , , ",_" _ ___ ,",' .~ J _.-~. ".''; ,"r", .... .'"'" /. _...~-... "-" .,~ \ A~IZED REPRESENTATIVE 01 count.r.lgnat..... (In states wh.re applicable) yf5j/) PAGE 1 OF 1 653BB 12198) C10545 From: Oarlene AVdla. CI,S.R At: DibudLIO & Defendls Insurance Brokers.llC FaxID: 5594317941 To: laura Sheedv D:1l':".8/2212006 1032 AM Paae: 1 of 4 Fax From: Pages: Date: --.------- Su bject: Message: cJJ. DiBuduo&DeFendis Insurance Brokers, LLC Darlene Ayala, CIS.R -.------- 4 ----- 8/22/2006 10:3225 AM Certificate for gily of Santa Ana To: Fax: Phone: Phone: (559) 432.0222 exl 457 Fax: (559) 432.2758 License: OE02096 Laura Sheedy .----- (714)6<l7-6~ ( ) . Assun'x lI'rol'oII1 From Darlene Ayala CIS.R. ,A.t: Dibuduo & Defendis Insurance Brokers, LLC FaxlD: 5594317941 To: Laura Sheedy Date 8/2212006 10:32 AM Page: 2 014 SANJOAQ.02 AYDA ACORD,. CERTIFICATE OF LIABILITY INSURANCE OATE(MIol/DDlYYYY) 8122/2006 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AI.. TER THE COVERAGE AFFORDED BY THE POI..ICIES BELOW. _ ! ~SURERS AFFORDING COVERAGE , ' NAIC _t_ - ~1.:firT~,-'Am~ncan-_inter~atlon~~peCialtY'~lnesn=_J '-=- -=- I' 'lj",,jR'=~C:. Commerce & Industry Insurance Company TLc'::ri,~ State Compensation Insurance Fund ,~-;:_p~~ __ ~_ ___ _ - L-- -.- il'J',:;Uf,[,:i: I PRODUCER (559)432-0222 DiBuduo & DeFend is Insurance Brokers, LLC License #OE02096 P.O. Box 5479 Fresno, CA 93755-5479 ~SUR[o -SanJoaquil1Ch-emicalslnc -- - - 4684 East Hedges Ave Fresno. CA 93703-0000 COVERAGES Tl1E POliCIES OF INSUKANCE LISTED BELOW HAVF BEEN ISSUED TO THE INSURED NAMED ABOVE FOR Tl1E POLICY PERIOD INLJICATED NOl\NITl1STANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTtlER DOCUMENTWITI, RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TilE INSURANCE AFFORDED BY THE POII(";IES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLIClc;; ^GGREGATE LIMITS SHOWN MAY HAVE BEEN HcUUCED BY PAID CLAIMS INSRADD'L ----,-- -TpOLICYEF-FECTivF MLiCYEKPIRATIONC--- - - --- -.- L TR NSR TYP FINS N POLICY NLIMAER , M NY MI .01YY1 LIMITS GENERAL LIABILITY xl - 1__',' :I~L ,:,DL ,"c _"d j- IL " ,. ",,'.' 11;.'_';' 1,000,000 -- 100,00 0,00 --,--- 1,000,000 -- 2,000,00 2,000,00 11,1..1"l [x 17004964 4/3012006 4'3012007 ~, I- ':' C,'c:,:!,,: ~,,'~" "'~",'r "I'H~'X~"~r::..:l ._._L A ,."", ;e',,'-" 1" ,:~","1' ,::I-.FO OF_"",F -,--.- '-1';,1 ,,!-I'.-._",TI 111',,11, i__1 r -~ ",,,-- '--iF'" -'-'"1 i 1","-'- "'['- B 1 AUTOMOBILE LIABILITY X~ II "' I I XJ .I~ n ~"r Lx 1__'1 ", ~(,,",""<' I 1;l1,','T 7004966 4/3012006 4/30/2007 _ _",,~'i'lt I' J LL_ i[; ,1-',1, 1,000,000 ...L"_ ,I'll I.'~ , t_,_" I.' I "y'" ':'0''- 1 "o"~,,., -F ,I." "liT, , GARAGE LIABILITY ~ 'T', --[.1 ,<'I, "", "'l.o-' "'l, 7004965 4/3012006 4/30/2007 -'-"~I-' 'I:: 5,000,000 -- 0,000,00 A EXCESSIUMBRELLALlABILlTY ! -"I -- ,"L".II,: ".1'-"" 1::"" ,..:11.1'- ---I X 1- , ,- ~I[II =':--'I'JiI''-! 10,000, x 1-,_ _'1,1 '" c , WORKERS COMPENSATION AND EMPLOY~RS'L1AB'11T'{ '''_'I t -T,">:,"r,,,F"-1 -,or I. ~I 1,,'ILk'18~F =:' ,,=, 168187506 6129/2006 6/29/2D07 L l i": ~l. ""',,1 L L ""'-.[~ ,l ,Ii" [[ 1,000,00 __n._ 1,000,000 1,000,000 "'..," "r"", ".,,-,,,'1,' '" 1>-1'" ,+;'. _f-',' OlHIOR UI=SCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I E)(CLUSIONS AUDED BY ENDORSEMENT I SPECIAL PROVISIONS C<'Incellation: Ten day notice of cancellation for non-payment of premium ertificate holder is named as additonal Insured as respect to general liability per attached company form 85421 (05196) Its officers, employees, agents, volunteers and respresentatives are also named as additonal insureds CERTIFICATE;: HOLDER CANCELLATION City of Santa Ana Building Maintenance Oivision 20 Civic Center Plaza #M-11 Santa Ana, CA 92702- SHOULD ANY OF THE il.BOIIE OIOSCRIBE'f1 POLICIES BE Cil.NCELLED BEFORE THE EXPIRATION DATE niEREOF niE ISSUING INSURER WILL~~ilieMAIL 30 DAYS WRITTEN NOTICE TO n<E CERTIFICATE: HOLDER NAMEDTOniE LEFT BI)tX:JO:MI1.:~.l\("iX- _Nj(l<O(~~K~lOOt_~_X"X-'XX XI<'X~l( AUTHORIZEDREf'RESEmATIVE --.2. ,/ ' . =~~_._J. ~-~?~.~?L___- - ",,--, ,"-' ,---- --- ,-- --- @ACORDCORPORATION 1988 ACORD 25 (2001108) From: Derlene Ayala, CISR At: Dibuduo & o,..rendislnsurelnce Brokers. LLC" r'axID: 5594317941 To: Laura Sheedy Date: 812212006 1032 AM Page: 4 of 4 ENDORSEMENT NO. ThiS enclorsemen1, effective 12:01 AM: Forml a part 01 policy no.: 7004964 I..ued to: SAN JOAQUIN CHEMICALS, INC. By: AMERICAN INTERNATIONAL SPECIAL TV LINES INS. CD. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADOITlONAL INSURED. VENDORS This i3nc\Orsemenl mOdifieS insurance prgyid~ und8t' 1he following: COMMERCIAL GENERAL UABA.JTV AND POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEOOLE Narne ot Person Dr OrgWllzlldon (Vendar): Where required by written contract. your Products: All products 5o~d by the Nomed InSltec:l. (It no entry appears above, information required to complme this endorsemant will be 6hown 1l1tt1e [)Bclaralions 8S applicable to this endorsement l With respect to Coverages A, B and C onty, 'wV1-IO IS AN INSURED {Sec1ion II) is amended to indude as an insured 8f1Y parson or organiziuion [referred to b9low as vendor) shown in thO Schedule, but only WIth re.pect to "bodily InJury" 0< "proporty damage"' arising out of "your ploducrs- shown in the Schedu~ which are distributed or sold in the reglAar course at the vendor's busines$, subject to the followinQ addrtlOJlBI exClusion's: 1> The insurBnC& afforded the vendor does not apply 10: e. "Bodily Injury" 0' "p,openy damoge" for whicn the vendor Is obligated to pay damages by r&8.S0n of the assumptiOn of liability In a contract or agreement This mccluliion does nol apply ~o liability fOor damDges that the vendor would ilave in the absenCo of the COfllract or agreement; b. Any 8xpt'6SS warranty unautllOrized by yoo; c. Any 'Ph~sical or chemical change in the product made Intentionally by the ve.oclor; d. Repackaging, unless unpacked solely 10r the purpose at inspection, demonstTation testing, or the substitution ti parts under instructions from the manufacturOf. and then repackaged in the original container; .. MY failure to make such iru>pections adlust- men1S, tests or servicIng as the vendor has agreoo to make or normally 1J,"cll;iirtsk$S to make in the usual course of bustness, in connectiOn with the diStribution or sale of the products: r. DemonstratiOn, ins1aUatiOn, serviCing or repair operations. except suCh operatiOns performed at the vendor's premises in comeCliOn with the sale of the product; g. Products which, Bffer disviootion Of sale by you. havEl bean IBbelod Of relabeJed or used as a container, part or ingredient of any other thing or substance by Dr for 'ttlv vendor. 2. This insurance coos no, apply to any insured person or organization, from whom you nsve acquired such products, or My ingredient, part Or container. entering into, accompanying or '7"9 SUC:;'CL -" . -. ; ...... 12 E TIVE --. er n \llfhefe applicable) 65421 (6196) CI0646 lnClIlJdoa COll'o'nghlOO mMllria~ of ."...rance ~ OliClM, Inc., wilh iUI permission. Co>1fl"igl'll, 11l11Jl".nee Services OrlIl%I",lf1C., 11186, l;U INSURED'S COeY ~AGe , OF 1 JUN-12-2007 1? ~ S8 SRN TURQLI I IJ CHEPII ~RLS 888 808 9514 P.02 SANJUAt1-U2 ATUA ~400R0 CERTIFICATE ~F LIABILITY INSURANCE TN °A'~'MNYDO""""' 4/26!2007 Pnooucen (559) 432.0222 DiBuduo $ DaFendis lnaurance Brokers, LLC Lie ~ ti'OEO20sS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ~O~DER.DTHIS CERTIFICATE DpES NpN A~EAEwa EkTEND OR ALTER THE COVERAGE AFFORDED BY THE POIacIES eEtOW. P.O. .ax 5479 Fresno, CA 93755.5479 INSURERS AFFORDING COVERAGH NAIC # InsugEC San Joaquin Chemicals Inc. IXSUREaA. American Irltemational S cialty Lines 4684 East Hedges Ave INSURER °: Commerce 8 Industry InsuraTlee Compan Fresno, CA 93703-0000 wsuRER a State Cgrppen8aG4n Insurance Fund alaURER D'. P+SURER E COVERAGES THE POLICES OF w$uRArvcE u3YEh 6ELGW HAVE BEEN ISSUED TO THE INSURED NAMED A60VE FOR THE POLIOY PERIOD AYDICATED. NOTWI7HSTANDiNG nNr REqunirlJAENY, TERM OR CONDITION QF ANY CONTRACT OR OYHER DOCUMENT WITH RESPECT T4 VJHIDH THIS cERnPlcarE nuv BE ISSUED OR M4Y PERTAIN, THE INSVRANCE AFFORDED BY THE PDLICIE3 DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BT PAID CLAIMS POLICY LAUNDER POLICY EFFECTIVE POLL Y E% gATN)N LXIITS CENEML LLLDLITY EACH OCCURRENCE f i,DDD,~ '~ X X COMMERCML GENERAL LLL@ILiTY 7DD4964 4/3W~D07 4/3012DD6 GD aD , pgEMISE3 E ONItalICE 5 f CLAIMS MgOE ~OGLUft MED E%P1Mrana loon! S S,DB PERSONAL aADVMJURY S ir000A GENERAL AGGREGATE S 2,009,00 GEN'l0.GGREGATE LIMIT APPLIES PER. PRODUCTS •GGMPfOPAGG ; 2,99D,00 POLN;Y PRO- LOG AYT DMOBILELUBILITY COM@INED SINGLE LIMIT 000 1 09 B X ANYAUTp 7004966 4130/2007 413012008 (Ee u6tlen!) , , 5 X ALL OKMEO Aurae X sonar IN.NRr n Pw = $CXEIXILED AUTOS PROP I 1 X MREDAUTOS BODILY INJURY 5 XON•OWNEO AUT09 ~ (Par E[GI°Mt) PROP TY D ER AMAGE t (Par aee.eaAq DAMOE LMe1LIlY AUTO ONLY•EA ACCIDENT 5 ' ANT AUTO EA ACC OTHER THAN ; ANTO ONLY. AOG 5 EJfC~ytIMORILLA LI1RILiT1' EACN OCCURRENCE E 6,Q66,dD A X OCCUR ~ CLAIMS MADE 7004985 4!3912007 4/30/2008 AGGREGATE i 3 S,DOOiUO R ~DUCnaLE 5 X RETENTION : 19,000 s WBRNEPS COMPEN9ATDN AND X WC STATU- OT1H 1 C EIPpLOYEgs• uaewTr 168187507 6/2912007 612912008 E L E CH 0.C ENT 000 000 1 ANY PROP0.1ETOtUPARTNERlEXECl7TME . A OIO , , a DFFIGEn/MEMRER E%GLWEO? E.L, DISEASE • EA ENFRO+'E 5 1,000, YyRe asvlW uMa, SFE IALPRONEIONSmIVrv E.LaISEASE-POLICYLNdn 4 1.990, oTXER DESGNpnDN OF OPERATEJN9 f LOCATITWS I VEHNAES r E%CLUSIDN9 AOOf6 aY ERDCRSEMENT! SpECMI PROY191QN9 anceilation: Ten day notice of cancellation will apply for n8n•payment of premium. Cancellation: Tan day notice of cancellation for nonpayment of premium. BrGFcata holder is nametl as addl0onal In:ured as respect to general liability per attached AIG Company Conn. to officers, employees, agents, volunteers and reapresantativea are elan Hamad as additonal insureds city of Santa Ana Building 8falrltenanee Division 2d Civic Canter Plazgt~I'~V'~L'17 ftti T~3 Santa Ana, CA 927022- bNOULO AMY OF TXE ABOVE OE°CNeEO POLfCiES CC OARCELLED BEFORE TFIE E~ENTDX DATE TXEREOF, TXE ISEVINN IN9Vn$q WILL~MAIL 30 DAYS WRITTEN NQt~GE TD THE CERTInEATF XDL66R NAKED Ta SNE LEFT, A s.,fstaat ~:;Ll/ ^.[torr,c~ "~~•'•,~~"~• JUN-12-2997 1252 6aN J9RL~UIN CHEMICRLS 222 892 9,14 P.9:; ulgiiYVRi[~Vi AIYl1 IMPORTANT Ii the certificate holder is an ADDITIONAL INSURED, the policy(ies) must t>e endorsed. A statement on this certificate does rl6t Confer rights to the certificate holder in lieu of such endrusemeni(s). If SUBROGATION IS WAIVED subject to the terms and conditions of the policy, certain polities may require an endorsement A statement on this cert~Cate does not confer rights to the certificate holder in lieu of such end0rsertl@i1t(s}. DISCLAIMER The Certificate of Insurance on the reverse Side of this farm does not constitute a contrail between the issuing insurer(s), authorized representative or protlucer, and the cert~cate holder. nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. n1`PRp1/ii.i) A:i~')'O E'UtLM Lauri tir_tc Si:.:c~iy As~IS[2nt arty Atlon,ey IUN-12-2997 12 58 SR11 79RUUIN CHEMitRLS ENDORSEMENT N0.7 TFrls endats0ment, aHfxtlv0 TOOT AM, April 30, 2006 Forms a part of Pollcy No: EQ 70049(14 laaued tu: SAN JOAQUIN CHEMICALS, MC tly: AMERICAN INTERNATIONAL 9PEC7AL7Y LINES INS. CC. 888 898 9514 P.94 THIS ENDORSEMENT CHANGES THE POLICY, PLE#SE REAP IT CJIREFULLY COIIEFtAOE A, e, AND C ENHANCEtAENT ENDOR9EMENT ADDITIONAL INSURED • OWNERS, LESSEES OR CONTRACTORS fOR COYEAAGES A, 9, AND C This endorsement modrfies Insurance provided under the folicwing: COMMERCUIL GENERAL CiA81LffY POLLUTION LEGAL LUtBILfTY GOVERAGE f~RM SC~iEDULE Name of Parson or Organization: Where requtred hY written contract, Qf n0 6nlry appears aCGV9, iMtXmation rBgVifed tD compi6te this enrorsement will be shown in the t?6G lsratfans as tlpp9caWe tb tnls enawaement} VY4h respect to Coverages A, e, and C, YVHD IS AN IN9UtaED (Set:Gon II) ~ amended to include as en insured the person or organization shown In the Schedule but with res ility ariany out of your angcing aperetrona performed for that Insured. _. q > ED REPRE$ENTpT11lE of twuntxsipneture (kr etas where aprpttcable~ ti5386{2198) As~istnat C:h~ .^•.r , ~ , aosas PAG@ 1 OF 1 TOTRL P.94