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HomeMy WebLinkAboutSchindler Elevator Corp. 1C ~~a City of Santa Ana - Cierk of the Council :~, AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-2520 if you have any questions. The agreement with ~(' ,~I ~{-,y { ~; ~ ~ tC.. O No. !y °"~-l1~'~° ~~~ was completed on (list all amendments. Use space below if needed.) ~ -2.~©~ - «i~~~z ~ ~ ~ ~ ~ o~- Revised 07-22-09 ~ and final paymen# has been made. Department: ~~f- I' ~~~-' . Phone/Ext.: X~~ /~ Signature: ~. U ) Date: ~' ~ .. ,;;:c,O;\Nl, eN mE N-2003-131 WORK'M/.. ciiOCEED 1],,; .,. ,,\olJkANCE EXPIRES I). '3/-03 CLER K OF COUNCIL DATE, /I-;;1-Q3 CONSULTANT AGREEMENT t. eM THIS AGREEMENT, made and entered into this j:5l""daYOf ,2003 by (C. H.11.erkn) and between Schindler Elevator Corp, a California corporation (hereinafte "Cons ltant"), 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. The City desires to retain a consultant having special skill and knowledge in the field of elevator maintenance and repair. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform preventive maintenance and repair services for two elevators, one located in the building and one in the parking structure at the Santa Ana Regional Transportation Center, 1000 E. Santa Ana Blvd., Santa Ana, California. Preventive maintenance shall be performed once per month on each elevator. If either elevator requires repair work outside the scope of preventative maintenance, Consultant shall submit a written proposal for performing said repair work, including cost and time frame for said repair. The Executive Director of the Community Development Agency may accept, reject or negotiate said proposal. When Consultant receives a written authorization to perform said work, it shall commence work immediately. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, $406.00 per month. The total sum to be expended under this Agreement shall not exceed $10,000.00 during the term of this Agreement. 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 on June 30, 2005, unless terminated earlier in accordance with Section 12, below. However, to provide continuous, uninterrupted service to City by Consultant, this contract shall extend to all work performed by Consultant for City as of July 1,2003. The term of this Agreement may be extended upon a writing executed by the Executive Director of Community Development Agency, the City Attorney and Consultant. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term ofthis 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 performs 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 performance 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 Owners and Contractors Protective Liability insurance naming the City, its officers, agents, volunteers, and employees as insured(s). 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. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, 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 performance 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. Reserved. 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. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If 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 terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from 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 from 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 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, to the extent caused by the negligence or other tortuous fault of the Consultant. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party 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 terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. II II II 3 . 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the 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 information 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 performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 4 " ~ telefacsimile (714) 647-6549 and, 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: Schindler Elevator Corp. 190 McCormick Costa Mesa, California 92626 Telefacsimile (949) 251-8775 Attn: Jeanne Montana 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 frames, 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 terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevaiL This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms 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 5 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. 12. TERMINATION This Agreement may be terminated 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 performed 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 performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because ofrace, 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason ofthis Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, 6 , approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Consultant shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City and of any other political subdivision, agency or instrumentality exercising jurisdiction over the City, including all applicable federal, state and local occupation, safety and health laws, rules and regulations and standards, applicable state and federal labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as it may apply), and all applicable disabled and handicapped access requirements, including, without limitation, the Americans With Disability Act, 42 U.S.c. 912101 et seq, Government Code 9 4450 et seq., and the Unruh Civil Rights Act, Civil Code 951 et seq. 17. 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 ternlS 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. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ~~f PATRICIA E. HEAL Y ~ Clerk of the Council ~' .~ G~"'-7S ~ t AVIDN.REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney .\ ;. ("'.' ;0 .~ i J By: . W/o.. cu{i}!:! Laura {Sheedy . , Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT . Reekstin E cutive Director of the Community Development Agency (Title) =~.: Tax ID# 34-1270056 8 EXHIBIT A 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 9270 I; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed 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 of liability. 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 Clerk of the Council, 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 form as a part of Named Insured Countersigned by Authorized Representative 9 .. ACORD", CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 PRODUCER 877-945-7378 DATE 12/05/2003 THIS CI':RTlFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICATI': HOLDER. THIS CERTIFICATE DOES NOT AMI':ND, EXTEND OR ALTI':R THI': COVERAGE AFFORDED BY THE POLICIES BELOW. willis North America, Inc. 26 Century Blvd. P. o. Box 305191 Nashville. TN 372305191 - Regional Cert Center INSURERS AFFORDING COVERAGE INSURED N -i{o03 - /51 INSURER A: Zurich American Insurance Company INSURER B: INSURER C: INSURER 0: INSURER E: 16535-003 Schindler Elevator Corporation 20 Whippany Road Morristown, NJ 07960 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l!"l!,!t TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A ~NERAL LIABILITY GL0644543514 12/31/2003 12/31/2004 EACH OCCURAENCE $ 2 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 1 000 000 I CLAIMS MADE [i] OCCUR MED EXP (Anyone person) $ X Contractual Liabilitv PERSONAL&ADV INJURY $ 2 000 000 GENERAL AGGREGATE $ 5 000 000 ~'~AGG~EnILIMIT APnS IPER: PRODUCTS. COMP/OP AGG $ 5 000 000 POLICY ~~,9.,: lOC A ~TOMOBILE LIABILITY BAP644543614 12/31/2003 12/31/2004 COMBINED SINGLE LIMIT (Eaaccident) $ 1.000.000 A X. ANY AUTO MA644544314 12/31/2003 12/31/2004 A X. All OWNED AUTOS TAP644544414 12/31/2003 12/31/2004 BODILY INJURY (Per person) $ - SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ " .,>-..,)/",,-., ,"-, (Per accident) ~.~-'. ' . . " , " RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO ;/. (;/, / //<; OTHER THAN EAACC $ /-> ..,.( AUTO ONLY: AGG $ ..--..... oESSLIABllITY 1 -"11'1 Silo " EACH OCCURRENCE $ ,.....L ., '.1. , OCCUR D CLAIMS MADE AS;hl,.ul (:, :- ,-',I '\; AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WC644543815 12/31/2003 12/31/2004 X I.I((S~T~:.~;, I I OJ),<' EMPLOYERS' LIABILITY A The Proprietorl WC666818713 12/31/2003 12/31/2004 E.L EACH ACCIDENT $ 1 000 000 . Partners/Executive E.L. DISEASE. EA EMPLOYEE $ 1 000 000 Officers are: INCL E.L DISEASE - POLICY LIMIT $ 1 000 000 OTHER DESCRIPTION OF OPERATIONS/lOCATIONSlVEHICLESlEXCLUSlQNS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS MAINTENANCE AT SANTA ANA REGIONAL TRANSPORTATION CENTER. 1000 EAST SANTA ANA BLVD., STE. 108. SANTA ANA, CA 92701. CONTRACT# 42-13594 (SEC8510) ADDITIONAL INSURED. THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES AS PER ATTACHED ADDITIONAL INSURED ENDORSEMENT. CERTlFICA TE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 'IrlaI'al!'1IlI!'lvXI[MAlL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE~J11I11I&Y~L ~Y/M."..vnr""'IIl\~Y'lYMftfIID9t!"'''''IrlIMr~arllll~Yllll!llfW!Jl'M!l' CXTY OF SANTA AHA, PTJRCHASXNQ D:rvJ:SIOH, M-16 ~~ . 20 CIVIC CENTER PLAZA AUTHD7PRESENTrE t! ______ SANT~ AHA, CA 92702 ;~ J,,// ACORD 25-S (7/97) Coll.871580 Tp1.223049 Cert.36 842 ' @ACORDCORPORATION1988 , j ftllJ "' Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an 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 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. - /,-P r l'J) 'v' I~~j :.~::;~l.'~ ~I 1 / >uu,t'L 2/3 ~ ~ .______._..:.:1 ._ _. LWI ct ::;[ f :Sh,~,_'dy .,-\C;~l:il;":Jl ,:_'jI.Y iI, t:,:Jr;lt:v ACORD 25-5 (7/97) Coll:871580 Tpl:2230~9 Cert:36888~2 " , o ZURICH-AMERICAN INSURANCE GROUP ENDORSEMENT POLlCY NO. EFF. DATE OF POL EXP DATE OF POL EFF DATE OF END. AGENCY NO. ADD'L PREMIUM RETURN PREMIUM GL0644543514 12/31/2003 12/31/2004 12/31/02 50-443 $ $ This Endorsement Changes The Policy. Please Read It CarefuiIy. Named Insured: Schindler Elevator Corporation Address (including ZIP code): 20 Whippany Road, Morristown, New Jersey 07960 This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY BLANKET ADDITIONAL INSURED ENDORSEMENT The "Persons Insured" provision are amended to include as an Insured any person or organization for who the Named Insured has specifically agreed by written contract to procure Bodily Injury, Property Damage and Personal Injury Liability Insurance provided that: A. This insurance applies only to each coverage which the Named Insured has agreed to provide by contract, but in no event shall coverage exceed the coverage otherwise afforded by this policy: B. The amount of insurance is limited to that required by such written contract, but in no event shall the limits of liability exceed the limits of liability provided by the policy: C. This insurance applies only to Bodily Injury or Property Damage arising solely out of negligent acts, errors, or omissions of the Named Insured while the Named Insured is actively engaged in operations at the site designated in the Contract between the Named Insured and the Additional Insured: D. This insurance shall apply as primary insurance as respect to any person or orgatrization for whom the Insured has agreed by written contract to provide insurance on a primary basis. Any other insurance available to such person or organization shall be excess and not conrributory with the insurance afforded by this policy: E. This insurance shall terminate upon the earlier of the following: 1. Tennination by written contract between the Named Insured and the Additional Insured; or 2. When the project meets the defitrition of substantial completion on the contract between the Named Insured and the Additional Insured. Countersigned: /- EJ~ / (Authorized Representative) pr~cv E;..~" . ___.2'1}';\":~,i'/3' /3 L"u Jll ':'c;,',";;,", """,, .~.. ". .,1,."" .JI..-.'......'} \. s::; ISl:.,;; [ (=; I v .\ l ,.~; I ;; l~\! U-GL-113-BCW(41B9) Page 1 of 1 [)EC2;~~03 '-,._,r ", . I ~l!;.ORDN CERTIFICATE OF LIABILITY INSURANCE ....e 1 of 2 1211~;~00. tpRoi..IR 877-U5-7378 THIS CERTIFICATE 1818SUED AS A MATTER OF INFOIlIIATlON . ,,,,, Y AND CONfERS NO RIGHTS UPON THE CERrIFlOA"TE . --R THIS CERTIFICATE DOES NOT AMEND EXTEND OR W~~..g AY~~Q ~claG. ....uo.;. - ~~~~ ~4X~ ~~~... .;:":"--1..11;.. . . ' 26 C..t.v.zy Blvd.. ALTliR TIlE~COVERAGE ""=,",0'" P. O. 8cac lOSHl I NlIabvill_, TN 3123051'1 INSUREIl'J AFFORDING COVERAGE NAtC' --- )NSUREAA.: 'Z'U.:d.ob ~rlclm la,auaae. 1:_ INSulteD SobiDdlaX' .levat.or corporatioa. ln35~IJD3 20 Wh!:loaray 1b'!ad JJ -;;(D03-/3/ IN$UAER 8- 1Iw'r1.tOW# . IfJ 0"'0 INSU!'lEFlC, IV -dOG?,- 81-0/ INSUAEA D: . , INSUAliiFl~ CO' 'iRAQES . rn E POllCIES OF INSURANCE USTEO BELOW HAve BEEN ISSUED TO THe tNSURED NAMED ABOVE FOR 'rHr::: ~.,-_" :.. - c:"-:;:,. , n" ~.~". ":'~,o~::~ -""'':'''--' ,-'co, .",.:""~,.-",...,,.. ;'.':'_<-,-,~-,,":"~,,'~'" ~'"' ......- ,-:,:",.., :XUMENT WITH RESPECT TO WHl~ TH1:> Q:Hllt-lt;A1t: N!F\Y tn: 1~~ UH. ~.: . .. u_ - - - - ,'-.::.-:-.:..;;:::;:..:.... ..,_.. _ __, _".' :-.-.: :.:~;. .. .--.~, _. __-~,."'_'.-. ,:"':",:!N ISSU8.JECTTO ALL THE TERMS. ExCLUSIONS AND CONDITl<>>JS OF SUCH ~)lIQE'S'iiGMEGAiEl:"'''iTSsH(jWNMAV HAve BS9'-REOUCEf.~..' ~:;.;.. . ~ "."" --. ~------ -~t'--'" ---...... - I I '-"';".~:;1 NUMBER U,,"O -- -,- ! IA ~~UAIlUTY 0006..5.3515 1a/31/aOQ' 11/112006 B4}:~"~ --..... ! 'J.. 5liRCIALGENERALLIA8IL1TY I I . "A" "M i _ CLAIMS ;.;AOE [i] ~ I MEDEXPlAillifJlltbioii.ili'l1 , A.. Cem.1:rikbt.ua:;r.... n n.t, hI I "R$ONAlft.N:NINJUf\Y . . ~nnn.M" - I g~NEfl/ol.-.ac--AEGATE . '~nnn. 0"0 ~~=nE=AP~r: PRQDl..CTS. CCWI>.()P AGe . ",oCO.OOO .. ~TOIIOIN\,I1. LJAIIUTY 1lAP6.'5U615 la/31/200.!1/1/2006 I \'VMUi~ ;);i...w .._., 1a/31/200' 11/1/200& (EalCCllJMt) . ~,ouo,ooo .. -X ,"y"",,, KA6t454":J15 .. - AU OWNEOAUrOS '1'Al'6U54U15 1a/31/200. I 111/2006 900lLYlNJUAY . $CHEOULEDAllTOS [...,J*UlI'I) :i HIFlEDAlJTOS BOOILYI.uUl'l.Y L , (PtrWlltei\lI . ;IL NON-OWNi:DAUTOS. I- - PROPERTY CAMAQ.E . (~~ CrOUA1Lm AUTOONl..Y'''AACC!OENT . ANV"Vl'O OHERTHMI ~IICC I AUTOON..V. .00 . PC". u....IUTY I!;AOHOCClJAAE.NCE . ::rOCCUA 0 OU\J"""""E AClGA~'T; . I ~ DEDUCTIBLE -- ...!...-_.-. RETENTION I ~ . A WORK-liAS COMPSNSA TtQN ANO *,6U"3816 12/31/2004 111/2006 1"1l1' QIPlOYIM'UAIIUTY A "'-NY PAOPRlE'TOM'AATNERlEJlCECUTlVE WC666818714 12/31/2004 1/1/2006 e.L EACttACtIOtNt . 1. 000, ODD OFFlCERlMEMSER rXCWO~tl1 i.!. OI8CAS6.1A EMPLO'I'iE S 1. 000. oon I- ~~~~~SbeloW U. OI8EASe. POlIOYUMIT . , .nnn.OOO orl-lll!" I IE CRIPIlON OF Oft:MTlONSILOCATIONllVEHlCLEtlDCLU8tON& ADIlI!D.'t ENDORIeMENTltNCtAl MDVISIONS _:8510 - COHT ..3-13594 JIA,' ~R'r.DiIUICa AT SANl'A ANA. RZGIORAL "l'RUISPOR'!'A'J":tOllI CDP1'B1t., 1000 BAS'1' _.. .utA. BLVD., S'1'II. 101, Al ftA ANA, CA 92701. lWl)1'nClUo1. DlSllUD. '1'RB CI'l'Y or SAlft.I. AIG., %'J'S OITXcaal DIl'LOYBB8 , M:QI'1"S AND gPRBSDJ'TAT:IVB8 AS :PD ATTACHE)) ADD:J:T:J:ClIIAL :rtf8tJJtBD DmOa8B1111lft'. CERTIFICATE HO~I)ER CANCELLATION tH()IJL.D ANY i)1= THlAIOVI! DIIIC~.ID POUCH 8Ii CAJiC:ULm 8EI'O"! T1IIIXPIU.TION OAT!: TltER!OF, THE ISIUWQ IN8UflI!ft 'MU "'----fltAlI.. ~ nA,YS WlltTliN N011OETOTltCCUtTFIOAT!HOUlPlNoUlI!DTDTHl:lD'~ --_. _.. __II, ..____b.- ... ---- _<=lll....--...--... ex,", OP Pma >>(I., JlDJtCIIA$IING DIVI'IOIl, 11-16 :zO CIne esma l'LAUt. IAlft'A AKA. 0 9270:2 JiI u..-... AU1NORIDD . '3"'-. .. ~J'd-y AUIRO 25 (2OO11OS) COll'1167132 'l'pl.33&926 Cere: ~'C. APPROVED AS TO FORM ~()Y~/)5 I' Laura Stitt S edy Assistant City Attornev 2'd y:I"YY1 "E2'SO SO ~Y qa~ Feb 17 05 OS:23a . . RightFax T11ag1 2/16/2005 6:34 p.3 PAGE 4/5 RightFax 1 Page 2 of 2 IMPORTANT II lhe oertlllGa'e holder i. an ADDITIONAL INSURED, Ihe polloy(le.) mu.' b. endorsed. A stalement on this certUlGale does not confer rights 10 the ctrtiflcate holder In lieu 01 such endoBO""'nl(s). If SUBROGATION IS WAIVED, subjecl 10 the lerms and condiUons 01 Ihe policy, _ain policies may require an endorsement. A statemen' on this certificate does not conler rights to the certifiCate hotder in lieu of such endorBGm&nt(s). DISCLAIMER The Gertifioate of Insuranc8 on the reverse aide of this form does not constitute a contract between lhe Issuing Ir1surer(s), aulhorl<eO representallve or prodvoer, end the cortificato holder, nor do.. It affirmallvely or nega1lvely amend, extend or aller the coverage afforded ~y the policies listed thereon. APPROVED AS TO FORlVI ~'213 / Laura Stitt Sheedy Assistant City Attorney AC:QRD 25 (20011Ot) 0011,1167132 TPl,328926 COrt,$119$11 . . 2'd Feb 15 05 10.3a. TlhC1 THIS SHEET MUST BE COMPLETED AND ACCOMPAN'I THE CERTIFICATE Of INSURANCE ADDITIONAL INSURED ENDORSEMENT InaulMC8 company Zurich Aa~r1~an In.urane. CoaD.~Y This endorsemenl modlfl8& such Insurance as It afforded by the pftlVl8lons of Policy No. CLD64454U 15 relaling 10 lite fcIIowIng: 1. The City of Sanla Ana, 20 Civic Center Plaza, Santa Ana. California 92701, hs oIfIcers, employees, agents, llOll reprltS8lllllllvea are named as additional insureds raddltlonlllllllMlldt") with regud to ItebIRty and delellle of sull8l1118lng from lhe opsratlons and uses performed by or on bihar of the named Insured. 2. Wllh respect to c1aim8 arlelng out 01 the Qpenlllons and usel performed by Ol on behall oIlhe namtld Insured, luch lnauranoe aliI aftonIed by this po1loy Ie pdmary and II nof addIllonallo or COIl\l'lbullng' willi any other Insursnce carried by or for the benefit oflhe adclillon8llnaured8, 3, Tnil insurance applies aepal'lltllly to .1ICh lnaured lIlIlInat whom daim la made or suM Is brought except with respect fo tile company's 11m1t9 of liability. The incklliion 01 any pen;on or DrgInlzalion as an InSUlBd shID nOlllllecl any r9d wI1k:11 sud1 person or organization would haV8 as a claimant n not 10 IncludBd. 4, With respect to lIKI addltiOnallnsuredl, tl1Js lnauranoe IIhaII not be canc:elled or . mal8rially reduced in 0lNWBll& or Ilmlls except af\et thllly (30) days wrllIen notice has been given 10 lhe City 01 Santa Ana. 20 CMo Cenlar Plaza. Sa"nta Ana, California 92701. lCompletion .of lhe following, inclUding QOun\erslgnature, Is required fo maka Ihls endorsemenl e1fecllve.) Effective 12/31/2004 . lhls endorsement form is a ped of Policy No. r.1.nfi.I.t.""lL1"\1 t;. Issued 10. Schindler navator COrporatio1l Named Insured ': Countersigned by ~ fCH+--O Willie of Haw York. lac. H;ttliSt';Catllk!RorNlUabCeilddirion:aIC'll~t APPROVED AS TO FORM ~5/5 // Laura Stitt Sheedy Assistant City Attornev 1 :il.'! LL 1".2 dLv:20 SO Ll qa~ Apr 18 06 03:44p Apl,18, 20DE 10 59AY Tllac;1 ~I, 1,7 \ .. ~, J V' , p.l p ,", /, , ACORD.. CERTIFICATE OF LIABILITY INSURANCE Pog. 1 of 3 041;;/200. THI8 CeRTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RiGHTS UPON THE elltTlFICATi _..i...' "".. c..,.. HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER TNi COVERAGE AFFORDED BY THE POLlCI BilOW. INSURERS AFFORDING COVERAGE I HAlC' A I I I i """""".. Wil118 ao~~b ~etloa. ~DQ. U CeDCury ,1ve. ~. o. .va ~Q&~'l >>a.hvl11., TR )'2l0~1S1 877-"5-7378 fchill.41er Il!l.vato~ COrS)O,.t.~QG N -;)CV3 ..1 a I lNSUI!:I,RA: l'IU'iab lomtrieu lat\l ~e C ;I 0 'lIhIJ1'PUY laad. Att IveD Ql:'ot.riu N - ;;ZOO '3 -/61 - 01 IN3UR&.U. Korr:i.t.OWIl, irIJ' OH'" I INSlJIl.ERC: N- ;;;'OD3-131-C>2I' ,1~Vftf:A.O; l iNSUReR ro, t::auAi; T'l'P'OIlIItSU~~ _ POUC'OIUIIKR ........UMIUTY GL05U543516 ~""I\e"'''''''lilOl.'''''''''1 I--i--J CuUM$.....Qi W O:CUA p~er:~~LiuiH~1 N'LAOORiOATCllMlTAJ''LJE'PER,1 I'OU"" PR i I.OC A ~gya~UMllln ~ ::~~OA~ U .$C.'1EOIAtl) AlIt'OO \ v I ..'MOAl!TOS i X IoI~DAUTOS !MP6""S43&16 i \ I I llc.4454JS17 I "C65UlB715 I i I I .. 165n-aOl UM'" . 2 00 1/1./1.0D7 Ilili2007 i I I OiieltlPT1ON Of' 1Wl1U.'nONIIl.OCA'OONIN!f4ICl.UIUCLUllCNI5A1lO10aV IIilbOIlIAIINTIIfIlClALPllCNllIQNS \THI& yoros AND RIPLACIS ,aiVIOO$LY Ii8UBD CBR~IFICATB bATBD; 1/20/100' WITS ICi i875030 S&C8510 - CONTI 42-13594 MlIMTKNAMCZ AT SANTA ANA RBGI0~ TRARSPORTATIOM CENTBR, 1000 BAST SANTA ANA BLVD., ST2. 10e. sA.1I'l'A ARA" CA '2'01. , ! II r1 I N4Y AU'O 1111/2007 I I EAC"'CX:C!Jtt~NCE ~ lOR ED . . I GE~AALMiGIl:EGAT'f I PRODueT8-etM.IprQPAoOO s IlU;rl!;xP - 2 5 .00 IgaM~ I P OCCUR. 0 CI.AIMSMADi.: I ~, I H"''''<ICT... I '~f<<IOt.l , WOAlC2ItI COUN.lI8A'nOJIAHO EMh.OYlRe' yga,m .. I ~y Pl\Of>Al"OM",~r:M.1'i~CUTM. OJ:FI;I~EM8CAEXCLVDEO? I ".- ~-"'* !'KIA!. PROY!~tIMM ..... I iI. Pli.R>>OMArl & ADV It<UURY 00 I " 5.000.000 1 1/11>00. 1/1/2007 I COM8lt.lEDSlNGlel,.1WT Il!a~lJ I . , ===l , SOOILVlfllI!JA:V (p.. pFWl') BOOlLYINJURV (Jlerac64lnl) PIlo,aClIl:n<OoWA;;ji tp..acUl_l ",UTO C>NLY - EAACC1DENT S , . 10"",,ATW.&/oi Ace , AUTO ONLY AGG So &.<;HOCCURREHCE "'OOR~"" l/J.f~006 1111/.00. , I I' . , ..., " o 000 I E.l...I>>:JIWll!.;:A;:liI?lOVC:: ; \'" OI....E, ,",-iCY""" ! I I , ::~~~:~~~ I I I I c..., J2 , CEttn Ie TE HOLDett C;t't'Y O. SrAH"l'A AXP., PmtCIIASl1IO DIVIBIDJI. .-11 :a 0 eIV:e CDft'SR .w.u. SIJI'l'A >>IA. CA. 9~'02 ACORD 25 (21lll1108) Col1'l'01941 Tpl,"1015 j)2 ' .f iJ;\U_J"j"-1/3 CANCELLATION SMQULDIJJIt O'TKlAIOVI DllClUIlDfOUCU" CMaum IUOU THiiXPlMTK* lM'fi naltllQt', 1lt& lAUI....IN8UfUill ~ ~WItIUolL 1!- bAve WfUTttN NOTiCE TO 1ME ctWT'IACAlE ftOU)GR tW&iO TO TMe u;:~ .-"s. I . ""_..__.._.~___ ._1111-- "- cDACORDCORPORATION '018 Apr 18 06 03:44p A~r 13 2006 !'OOAM T11ac::1 p.2 No. 387! P. 3/\ willis ......... CERTIFICATE OF LIABILITY INSURANCE r&g_ 2 of 3 I 04/1":i2006 THIS CeRTll'ICATE IS ISSUeo AS A MATnJI 01' INI'ORMAnoN ONLY AND CON~1!R8 NO ~HTS UI'ON THE CeRTIFICATE - acp__l Cart C.Dt:.~ Iol0L0ER.. THIS eER~ICATE DOES NOT AMINO. EXTEND OR ALTER THE COVERAGE AFFORDED BY ntE POl.ICID _LOW, 877-'45-7378 Wil1Le .aEt~ ~ig.. IDG, U c.a~ry alv.!. P. o. ao. JOiltl ...bY111~. TR i?2JOS191 INSURERS AFFORDING COVERAGE NAlCI ,....... I~D<<1.~ .1.y.t~r Corpo~.t&OQ .0 D1p~ Rod ~t. gV~B a.ft~p(~ Norr1Dtowu, MJ O"fD INSURI!JtA; Zw:.i.~b I/rrIIl,lIlCRA: /H8lIft(RC: INll~AO, IN""'-,q"'; LlIIIXCUlM)Nl,ADOIOIn'~W-IlIC""'ON& . r....uraae. ~~apv I'S:B-a03 Dl!:ICAlJ'l"IJ.CIFDPnAnoJ6&LOC:' AOl>ITIClIW. IIISt!ll8l>: TIll ~I~ 0' 8AN1'A lIMA, ITS OrrICRRS, llIIIPLOVlIIS, AQIlIITS ANI) UPRI.........TIII1I. U PB. "''l'TACUll ADl>ITIOIlAt. tllS1lRlll> IDIllORS_. ~~y ;4f3 3/3 Call,1601'41 Tpl,441015 Cert,71'S273 Apr 18 06 03:45p Tllagl . . A~, 13 2006 I!OOAM p.3 No. 387! P. 5/5 ~ LAkM .~ ZURICH-AMERICAN INSURANCE GROUP ENDORSEMENT P'UI..'C'(~O. GL0644543516 E~" alTt 0/: PUl. 6X1l' DATE O'IIOL. iFF DATlO' E/IlO. AOE.NCV NO. ^'>D'l. r-Alii:MIVM AETIJA.J.I PREMIUM 1/112006 1/1/2007 50-443 $ $ This Endorsement Changes The Policy. Please Read It ClUefuJly. Named Insured: Schindler Elevator Corporation Addr<.. (including ZlP code), 20 Whippany Road, MorriSlown, New Jersey 07%0 TNs OIldorsement modifies inslllllllOe provided by the following: COMMERCIAL GENERAL L1ABILIlY RI..6.NXET ADDITIONAL INsrJ>>R.n ENDOIIoIi1:Ii''1ENT The "Persons Insured" provision arc amended to include as an Insured an)' person or organization for who rite l'<amed Imured has speCifically agreed by written contract to procure Bodily Injury. PropC11y DIll11.g. and P.mlnal Injwy Liabllity Insurance provIded that A. This il1lwaoce Applies only 10 each cove..,. which the Named Inswed iwIlAl!1Cod to provide by conll'aet. but in no event shaJJ coverage exceed the coverage otherwise afforded by this policy~ B. The amolllll of insurance is Iimiled to Wt required by such written conrrAC~ but in no event shall the IImi.. of liability exceed the limits of liability provided by Ihe policy: C. This insurance lJpplics only 10 Bodily Injury or Property D&m&ge arising soJely out ofncgligcnt acts, errors, or (!omissions of the NllIT1ed Insured while the Named In!lured i!l actively engaged in operations. at the !loite designated in the COhtract between the Named Insured and 1he Additionalln!iUf1!d: D. Thili ill&ur.m~c: lihall apply as primary insurance as respect to any pet'J.on or org:anizarion for whom the In$Ufcd bias agreed by wrincn COnttac11O provide insurance aD a primary basis. Any other iniounnce available 10 such person or organization shall be excess and n01 contributorv with fM inlO:lIJ':3nf"P :!Iwi}r~td ~' thi~ p~li'1"~ E. This insul1Illce shallrenninate upon the earlier of the foUowins: I. Termination by wril1tn conltae! between the Named Ios"",d and the Additional InOlued; or 2. When the project meets the definition of substantial completion on the wntract between the Named Insured and the Additional Insured. CounCcnigned: /-- ~Jr- , , (Authorized Reprcsentativ~) _ i1P 2/J U-GL.' ,3-BCWI4lS9} Page 1 of1