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HomeMy WebLinkAboutMGE UPS SYSTEMS, INC. 1 - 2004 " . :;.SÜRÞ.NCEtiQi ON FILE WORK MÞ.Y NOT PROCEED CLERK OF COUNCIL DAif:. ð ~,/"o1 A-2004-019 CONSULTANT AGREEMENT c,:Þb h'¡q¡J... THIS AGREEMENT, made and entered into this 2 day of fi"ß,WAÂ( ,2004 by and between MGE UPS Systems, 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 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 providing maintenance and repair work on uninterruptible power systems. 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 ftom a professional consulting 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 those services as set forth in the Equipment Schedule submitted by Consultant, attached hereto as 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 $14,675.00 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 shall last for the term of one (1) full year, unless terminated earlier in accordance with Section 12, below. City shall have the option to renew this agreement for 2 additional one year terms at the prices identified in . ,." Exhibit A. The term ofthis Agreement may be extended upon a writing executed by the Executive Director of the Finance and Management Services Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which 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 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 ftom bodily and personal injury, including death resulting thereftom and damage to property, resulting ftom any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting thereftom, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution ofthis Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, 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. 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 fumished to the City upon execution of this Agreement and shall be approved in form 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 proofthat 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 effect Consultant's right to be paid for its time and materials expended prior to notification oftermination. 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: (1) 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 1 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, or alleged to have been suffered, by reason ofthe events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 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. 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 ofthis Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of 3 '.' " 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 oflaw; 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 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: Building Maintenance Superintendent City of Santa Ana 20 Civic Center Plaza (M-11) P.O. Box 1988 Santa Ana, California 92702 4 ',' " 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: MGE UPS Systems, Inc, 1660 Scenic Avenue Costa Mesa, CA 92626 Telefacsimile (714) 557-3256 Attn: Janine Stock 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. 5 ", ,,' 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 ofthe 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 of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. 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 ofthe State of California, This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any ofthe 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 ofthis Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision ofthe services 6 '. ..¡, . . 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, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. 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 terms of this Agreement, and shall indemnifY City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ö^A~::.~~ ~ PATRICIA E. HEALY Clerk ofthe Council CITY~ DAVIDN.REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney 'L.. By: Micliael Vigtliotta Deputy City Attorney ED FOR APPROVAL: C~ ~\LM j,.. GPI\..V\;61Z-N C\.\;~\Vi? fINI\(\L.-IPd- CffÌ~ Employer ID # or Individual SS # , c oloma Executive irector ofthe Finance Ana Management Services Agency 7 \' .. J2:î , . W 14 04 12:5Sp Greg P.3:;:ne 94370202:;;: p..:;; MGE fii).."1'l1'~-ìl ' ~"'r"' .' . , '..' \j ~ ,." UPS S Y ST EMS EQUIPMENT SCHEDULE Line Agreement Description of Equipment, P.M, Billing Annual Item Qty, Type and Serial Number Frequency Frequency Price 1 4 Premeir EPS2000 SN: 50815-01,0305,07 Annual Annua! $ 10,931,00 2 192 Balt SerVice External batte cabinets Semi-annual Annuai $ 3,744.00 " I, INCLUDED: Facto technical 5U art Call Mana amen! of ali re orted site avents II Field modifications Re lacement arts Labor and travel ex ensa for re ir service 5x9 Res onse time wilhin nex! business da 1 Preventive maintenance visit on UPS Batte Maintenance w/2 PM visits NOT INCLUDED: Re lacemenl batteries Proactive DC Ca re !acemen! EFFECTIVE DATES: CUSTOMER CARE CENTER 800/438-7373 SUBSCRIBER ACCEPTANCE: City of Santa Ana Santa Ana, Ca, 1211/03.11/30/06 Total Annual Price Total price for 3 years: MGEACC TANCE: $ 14,675,00 $ 44,025,00 Name: MGE UPS Systems Costa Mesa, Ca. Name: ¡JGILM \.,., Sr"l.V¡¿~~ clh~P Fq~f\'(\C,.'¡¡',L- Q 'l%R- Title: CaRtr.,;"'" M"''''~99r '- Signature: Signature: Title: Date: Date: ~~£.--()'-\ EXHIBIT A .' , . , . 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 from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out ofthe 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 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 Coun1ersigned by Authorized Representative A CfLRD,. CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 I DATE 06/10/2004 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE willis North America, Inc. - Regional Cart Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. o. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE INSURED MGE UPS Systems, Inc. INSURER A: Federal Insurance Company 20281-005 1660 Scenic Avenue Æ-dÐo't- 0/9 INSURER B: Federal Insurance Company 20281-001 Costa Mesa, CA 92626 INSURER C; Continental Insurance Company 35289-001 INSURER 0: , INSURER E: COVERAGES THE POLICIES OF INSURANCE LlSTEO 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. ~~~ TYPE OF INSURANCE POLICY NUMBER POL.ICY EFFECTIVE POLICY EXPIRATION LIMITS A ~NERAL LIABILITY 35818734 6/1/2004 6/1/2005 EACH OCCURRENCE $ 1 000 000 X CGMMERC¡ALGEN~RALUABILlTY I FIRE DAMAGE (Anyone fire) $ 1 000 000 l CLAIMS MADE W OCCUR MED EXP (Anyone person) $ 10 000 PERSONAL & ADV INJURY $ 1 000 000 - GENERAL AGGREGATE $ 2 000 000 ~'L AGG~EñE LlMIT APñS PER: PRODUCTS. COMP/OP AGG $ 2 000 000 X POLlCY ~B9.; LOC B ~TOMOBILE LIABILITY 73528020 6/1/2004 6/1/2005 COMBINED SINGLE LIMIT 1,000,000 (Eaaccident) $ 1L ANY AUTO - ALL OWNED AUTOS BODILY INJURY {Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY ~Æ~l $ - NON-OWNED AUTOS -l;¡ fir (Peraccidenl) - PROPERTY DAMAGE $ (Peraccidenl) =rAGE L<ABILITY V t / AUTO ONLY. EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C ~ESS LIABILITY CUP2076547265 6/1/2004 6/1/2005 EACH OCCURRENCE $ 2 000 000 X OCCUR D CLAiMS MADE AGGREGATE $ 2 000 000 $ =1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I ,'XÇ¿,ST~T,¥~ I IOJ~- EMPLOYERS' LIABILITY , EL. EACH ACCIDENT $ E.L. DISEASE. EA EMPLOYEE $ E.L. DISEASE. POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS TH~S VO~DS AND REPLACES PREV~OUSLY ~SSUED CERT~F~CATE DATED: 6/1/2004 W~TH ~D: 4426163 The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701: Its officers, employees, agents, volunteers and representatives are included as additional insured under the above referenced General Liability (for.m attached) and Automobile Liability Insurance policies and the cover~~~ afforded the additional insured under these policies shall be primary and non-contri uto~' insurance to the extent that a ~laim arises from the nenli~en~e of MGE UPS CERTIFICATE HOLDER I x I ADDITIONAL INSURED; INSURER LETTER; CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Santa Ana IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Building Maintenance Division REPRI=~IV¡:C1;. Attn: Mario Ghizzi P.O. Box 1988 M-11 A¡m/!:~~ Reyy:.ATIV~ Sant,a Ana, CA 92702 ACORD 25-S (7/97) Coll:l015672 Tpl:263777 Cert: 4459'558 @ACORDCORPORATION1988 , wtlhs CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 T DATE 06/1012004 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE willis North America. Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. Q. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE INSURED MGE UPS Systems, Inc. INSURER A: Federal Insurance Company 20281-005 1660 Scenic Avenue INSURER B: Federal Insurance Company 20281-001 Costa Mesa, CA 92626 INSURER C: Continental Insurance Company 35289-001 INSURER D: , INSURER E: DESCRIPTION OF OPERATJONSII..OCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Systems, Inc. or its subcontractors with respect to all operations of the insured but only with respect to all work performed by and on behalf of the named insured MGE UPS Systems, Inc. for certificate under contract. ~741 Co11:1015672 Tp1:263777 Cert:4459558 . . Page 3 of 3 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, ~311 ACORD 25-S (7/97) Coll,1015672 Tpl'263777 Cert:4459558 .' . . '¡!>OLlCY NUMBER: 35818734 COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701: teers and representatives Its officers, employees, agents, voiun- (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A, Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the ~ operations performed for that insured, B, With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2, Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than anoth8r contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Re: The coverage afforded the additional insured under these policies shall be primary and non-contributory in- surance to the extent that a ciaim arises from the negligence of MGE UPS Systems, Inc, or its subcontractors with respect to all operations of the insured but only with respect to all work performed by and on behalf of the named insured MGE UPS Systems, Inc, for certificate under contract. ~~ fir CG20101001 @ ISO Properties, Inc" 2000 Page 1 of 1 [J ~ Mar 06 2006 12:14PM HP LASERJET FAX 714-436-0167 1".2 ~ PROIXlCllA AtORDm CERTIFICATE OF LIABILlTYINSURANCEp&lIe:1 of 3 r C6/C";;'~CC!i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORIIATlON ONLY AND CONFERS NO RIOHTll UPON THE CERTIFICATE HOLDER. THIS CERTIFICIlTE DOES' NOT AlIENO, EXTEN> OR ALTER me COVeRAGe AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# 877-945-7378 w.iUS_ :8QI:tb. .&MMi.a., bOo a6 cent:ul:y BvdI. it. 0_ ~ 30111.91 ...Irri;L1., 'l'Irt 372105191. .. Rell'io:aal c.z.t c*Ct.er lNI\J1lm "'B 1M ~.t_. Xnc. -A-;;u;o1':O/C] ~::~'~~. .4-~.tdf-Olq-OI eoato _.. CA "626" _ ;).ro'f-Olf-o;;... , INSUFlE~ A~ redu.l JIW'\lI;"~ tN8lJAER8: r.(ler.1 Ina.UZ'~ ~_1!I.V !HSlf'ERC; ....dcmel 'CII.ioo. I'~. :ID8U~OIl!II c Il'ElH.RQ; I~RE; :il02U-OQ5 20281-001 ~ 1?4.t1-001 COYERAGES THE POlJeES OF INSURNIICE USTED BELOW HAVE BEeN ISSUED TO ll-lE INSURED NAMED ABOVE FOR THE PQ.ICY p~IOD INDICATED. N01WfTHSTA~G ~Y FlEaUlREMENT, TEAM OR 001I00100 Ol' lolly CONTRACT OR OTHE" DOCUMENT WITH RESPECT 10 WHICH THIS CERTlACATE MAY 9E ISSlJEO OR MA.V PEf\T AIN.J. nE INSURANCe AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSf)NS AND CCJ.IDITIONS OF SUCH POL.IClES_ AI3I.1REGATE tJMITS SHOWN MAY HAVE BEEN AEOUCI!D EJV PAID ClAIMS. . TVPEOf ltCIUftANCE GE'MI!!RALLlAIlUTY OOMNERCIIIlGEIiB\N...UM!ll1JrY CLAIMS ~ADE. [i] QCQJR POUC'f NUMBER Ulll'T1l A 35811734 . . MEOEXP' A ,... .... . :1 PEAS~I.NJVlNJiJRY . GENERALAGGREGATE . PAODUClS-COMPIOPAGG . ~ 00 DOC 6/:1/2005 6/:112006 COMBINEOSlNGLf LIMIT . 1.000.000 (t.lIOCllO"8n!J BODlLYIMJUl'IY $ (Pttr..,._) BODILY IHJUAY . (PIIrMCIiant) PROPERTYDAIrM-GE . (I"e~atGkl..l) .. 73528020 fIlC>>l-OWNEOAUTOS QAMGEUA&ILl'n' ANYAlJTO AUTO ONt. V . fA ,t,()ctDBfT $ fAACC I AGO O1I-IERl'J-W.I AUTOOIC.Y: c UCl!Uu.....\TY BB2t&3107 OCCUFl 0 Cl.AlUSMAoe 6/:l./~005 6/:1/2006 EACHOCCUARENCE AGCJRmATE o OEOuc;TJBLE ~. . WORICI!R8 COIIPl!NILl Tf(JN AND I!!M PLOY~A8' U.-..ur... ANY PftOProETQPWPAATNEfVEXE;CUTlYE QFPICEWMEMEfI EXCUJDEO? =~~~below 0__ EL EACttACClCoENT E.Lr:>>SEASi:.-EA,Ehf'U)\'EE E.L Df6EASE.PQUCVUMIT .'-0 DEBCJUP'nON Of OPI!RATiotlllLOCATIONIINEIICL!8/t.XX::UIlSlONI MlDI!D .... "'QORlI!MEN1l'SPEC'~ pROYI.O" Tbe city o~ Santa ADa~ 20 CivIc Cen~er Pl..., Santa ~, California .2701; xta offic.r.t 4IIIIPl~... &98I1t., "'IOluntem:. aDd repreaeatat.lve8 are iDClu4ad. .. ad4itiOlla1 ill81lz:oed UI14eI:' the above x:e~eren<l.4 ~.n.ral tJ.abili~y C_ra_nt to ~ollow :from c.rrier) &BCl .....tCOllObile Liability :In.ur....,. poUci.. eD4 the ec>YU'&g'e a:f~o_ tM w.44i.tic:ma1 inaured und.r thu. poUci.. BhaLl be pr~ry ad non-col1trihutory iJ1.uranae to ~ 6XteDt tbat .. alaia sri... :f'rom the aeIJ1:l~ or lID! UPS S7.t..., be.. or 1t. IIUbaontractoZ'. with ~peot to &J.~ oper:atioJ11!J of' the in.area but OD1y wit.ll ERTlFICATI! HOLDER CANCELLATION "'DULDANYOP'11teABOW!oe8CRflI!!DPOl..ICI!III!CAJICI!LLJ!:DltlFOM TtIIl UNtATIOl\I DATE l1IER1!O', THE 1......0 IN&URE~ WLL 81DP,AVOA TO MAIL ~ DAYS WFlTTIN NOTICI! TO lltE Cf:ft1W'lCATIE '.OUNiR NAIlED TO Tit! LUl, IIUT FAlLWlE TO DO 80 8tIAU.. IlIIf'OIt ND Ol!tJM.l1ON.oR LIIIIIIIUTY OF AN'{ I(IflD UPON THE .......M, ITa AGierrs ()A ei t.y of Santa Ana JlUilcti.ng ....t.nteoanc. Ui...i.loft r.1:.1iD: -.rlQ G1bi..i P~o. Boa 1'.8 ~11 Banta ~.. CA '2102 ACORD 26 (2001108) Co:1:1.1311gtg Tpl.37S021 OACORDCOI'Il'ORATION 11/18 I.!' ,> C Mar 06 2006 12:14PM HP LASERJET FAX 714-436-0167 p.3 willis CERTIFICATE OF LIABILITY INSURANCE page 3 of 3 I ..... 0610213005 PftQDU~R 877-'45-7378 THIS CERTFICATE 16 ISSUED AS " M"TTBR OF INFORIIATlON ONLY AND ........~D'OS NO RIGHTS UPON THE CERTIFICATE Ifilll. !forth ~E'laa, :!:ElC!. - "fri.QbJ. o.rt. C_-t..~ HOLDER. THIS CERTIFICATE DOES NOT AIIE!HD, EXTEND OR 26 CP,~lCy 81".. AL TEA THE COVl!FlAOE AFFORDED BY THI! POI.ICIE8 Bel.OW. P. o. ~ lD51J~ ...hv1l1., ~ 372305191 lNSURER6AFFOADlNG COVERAGE NAlCil 1N8UMD ---- IIQ.I!I UPI ay_t_1 :InCl. INSURER A; P~a1. n.u.raIHNI CoMIIItaZl..v 20281.-005 A~~a, L~ ~. !NSUREt:l8: ~J:..1 n-urauoe cmr-.a1W 20:a81.-001 1.660 8oe:ra1c n.. eo.ta ....., CA 92626 INSlFlEA c: "cioa.a1 O'Dicm fin I"II~:DG. c..-........ or nUS-GO.1 INSUFlEFI D: , II'IS~ERE'_ DSlCRIPTION Of" QlI9V.ltDNI/ TIONStIIEtIl a.rti~i~.t. ~r contract. " AJXlED Q"t !NoOfIIBUII!IfI'lDECIAL PFIOYB1ONB ...(/ffJ.. :Alz.... Co11.1311'l' ~1.37lS031 Cert.5831004 ~ Liability Insurance Endorsement Policy Period JUNE 1,2005 TO JUNE 1,2006 Effective Date JUNE 1, 2005 Policy Number 3581-87-34'1BO Insured MGE UPS SYSTEMS, INC. Name of Company FEDERAL INSURANCECOMPANY Date Issued MARCil 7, 2006 GENERAL L1ABI L1TY This Endorsementapplies to the following forms: Who Is An Insured Owners, Lessees Or Contractors Liability Insurance Form 80 02 230f{Rev. 4 01) Under Who Is An Insured, the following provision is added: Any person or organization designated below is an insured; but they are insureds only with respect to their liability as owner, lessee or contractor arising out of your ongoing operations performed for that insured. ~3/z Additional Insured - Owners, uRet.eJ1.enGecGtGpy Endorsement continued Page 1 Who Is An Insured Owners, Lessees Or Contractors (continued) Liability Insurance Farm 80~02-230tKRev. 4-01) Designated Owners, Lessees Or Contractors City of Santa Ana Clerk of the City Council Civic Center Plaza, M- 30 P.O. Box 1988 Santa Ana, CA 92702-1988 All other terms and conditions remain unchanged. Authorized Representative /2;w-~r-- Additions/Insured - Owners, LesseeRefe:fene..e Copy Endorsement 7fJ3r/7 last page Page 2 Liability Insurance Endorsement Policy Period JUNE I, 2005 TO JUNE 1,2006 Effective Date JUNE I, 2005 Policy Number 3581-87- 34-1BO Insured MGE UPS SYSTEMS,INC. Name of Company FEDERAL INSURANCECOMP ANY Date Issued MARCH 7,2006 This Endorsementapplies to the following forms: GENERAL LIABILITY Conditions Olherlnsurance" Primary Additional Insured Liability Insurance Form 80 02 265:tEd. 4 01) Under Conditions, the following condition is added: I f you agree, in a written contract, agreement or permit, to provide primary insurance for any person or organization included in Who Is An Insured, this Other Insurance Y Primary Additional Insured condition applies. If other valid and collectible insurance is available to the insured for loss we would otherwise cover under this insurance, our obligations are limited as follows. Primary Insurance This insurance is primary. We will not seek contributions from any other insurance available to the person or organization with whom you agree to include in Who Is An Insured, except when the Excess Insurance provision applies. Excess Insurance This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: A. that is Fire, Extended Coverage, Builder'sRisk, Installation Risk or similar insurance for your work; P5s17 Other Insurance - Primary AddiSelemtlCe Copy Endorsement continued Page 1 Conditions Other Insurance' Primary Additional Insured (continued) Liability Insurance Form 80 02 265::(Ed.4 01) B. that is insurance that applies to property damage to premises rented to you or temporarily occupied by you with permission of the owner; if the loss arises out of aircraft, autos or watercraft (to the extent not subject to the Aircraft, Autos Or Watercraft exclusion); c. D. that is insurance: I. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured; or E. that is insurance under any Property section of this policy. When this insurance is excess, we will have no duty to defend the insured against any suit ifany other insurer has a duty to defend such insured against such suit. Ifno other insurer defends, we will undertake to do so, but we will be entitled to the insurcd'srights against all those other Insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of loss, ifany, that exceeds the sum of the total: amount that all other insurance would pay for loss in the absence of1his insurance; and of all deductible and self-insuremmounts under all other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Method of Sharing Ifall of the other insurance permits contribution by equal shares, we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits of insurance or none of the loss remains, whichever comes first. (fany of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer'sshare is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions remain unchanged. Authorized Representative w~ /?3 (pI? Other Insurance ~ Primary Additiona.f1le.terenCe Copy Endorsement last page Page 2 Liability Insurance Endorsement Policy Period JUNE 1,2005 TO JUNE 1,2006 Effective Date JUNE I, 2005 Policy Number 358 I -87- 34>1BO Insured MGE UPS SYSTEMS, INC. Name of Company FEDERALINSURANCECOMPANY Date Issued MARCil 7,2006 This Endorsementapplies to the following fanns: GENERAL LIABILITY It is agreed that Form 80-02-26530ther Insurance -Primary Additional Insured applies to the following additional insured: City of Santa Ana Clerk of the City Council Civic Center Plaza, M- 30 P.O. Box 1988 Santa Ana, CA 92702 All other terms and conditions remain unchanged. Authorized Representative W~r ~717 Liability Insurance Form 80-02-237~Ed. 4-94) Endorsement PRIMARYINON-CONTRIBUTORY-CITY OF SANTA ANA Reference Cop)' last page Page 1 Mar 06 2006 12:14PM HP LASERJET FAX 714-436-0167 p.4 ACORD. CERTIFICATE OF UABILITY INSURANCE OPID~ DATE (MMIODIYWYI WIWP-l 1~ /19 /~5 'RODU~ TIiIS CeRTIFICATE 19 ISSUED AS A MATTE~ OF INFOItMATlON Riak st~atagi.. eo.pany ONLY ANO CONFE~S NO ~IGHT& UPOH THE CERTIFICATE aisk strategi",. %n* Brokeraqe HOLDI!R. THIS CERTIl'ICATI! DOES MOT AMI!IID, EXTEND OR 160 reder~l Street ALTI!R THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bastan IdA 021.10 thone:S~'-330-5?OO rAx:6~?-43P-375a 1118Uftl!RS AFfORClNO COVERAOE NAlCN ,.......u . Mal: Ill'll S!"~' J:nc, INfilJER....: "au.au In_uraoae c~y aPE iechn loq~es, Inc. ,......... :En ~2r Xne. ~c;: A~tI1: gAl!;lept. 1660 See 1.e Avenue INS~D- Costa Meaa CA P2626 Iil$I..RERE COVERAGES nE POUC\E8 OF' 'HSU~ US'lEO eaow /"lAVE BEEN ISSUED TO THE INSlRf,:O~ Jl8OI4E FOR'tl-IE p(ll\C'/ PERlOl) INDlCAla> NOl"MTl-mJlNDm /1J>I.YREOllIR8ENT TERMOR CONDl~OFIWfOOl'fTWCT ORanER DOclIlEN'rWIn-iRalFECTTO 'MilCH THIS camF,~TEW.'1 BE ISSt)fO(lR Mo'.'t' PfRlAir'\l, TH: INSI.FWa AI'f'OD:DB't Tl-EPOUClE& OESCRIIEDH:RElN 15 SUB..ECTlO.....L TlIElERMS, ExQ..l.lSlOHSNlDCOlO!T'IOr6Of su:H POLIClES.AGeREGA.1ElIMlTSSHO'WN II!4Y loWJE et:EN.P.EOUCED 8'\' PI,lO rt.ANs. LlR ~ TY~ W NUIlAN~ ~l_"" cow..eACw..~ lWtlUlY , cu.1MS \We 0 0CClR I"OLlctY N....,... ~~MIllIOO1Yr JiJDl'YY1 ,"". EAOI OCCURENCE , ~iE.~renclo\ . MEO EXP (NJ~ ~. ptr/iDfl) , PF~ "A."YIII~,U~V . GEtoEAAL AGGR!GATE , FRaJUCTS - COf,lPJQP AGG , C0M91tED SlOOl.E lUT . lEeetOidlrlll -. ((OL y II'URY . ""''''"'''. 90DIL Y IMAJRV , (PWullddlnt) pROPERfY DAMAGE . (par<<Oiltllf) r- ~Nl AGMEG.41E LMT NlPlleGPER h,,,,,,,,,n~ nlOC ~o.aea.e LNLlT't' r- NIV.AUrO AlL ~O.NJlOS e--- f-- sut:l.UtU JUIU:) _ HREDAUTOS __ "-'ON ~nn-os r- q'":::nv p:e:~L&AO::eWtt R:= . ~KII\1o~,*PI:1~l'tJIMJ "'LOY'iiR8' LIA8LfN A Nf(l"rlOt'RIeTOiV'AIl~]lA:: OFFtCf.RM:~R EXCl\l:lE:t)'f ~J:1r==SIlllow 0...... WCXl!814a816101.5 10/01/05 10/01/06 . . ..... . , , , , , ~lloilt El. """'ACacarr . 1 000,000 E.L OISEl'\SE &<a..>t.0'l'~ '1,000,000 ELO""""".POUCYl""T 11 000 000 ~~ Vir'.:? I # y-~:y~ '~J I' V AUrO <N. y - E4ACCI~JJT EAACe ~ occun;;"fCf:: _lE _r..., ~.B\led as Bllqi.D4IlIezo.e JrON8 IlOCA: E~ / IiiXCLUItON. ADDED IW E Nl'1 SflECIAL I"R1CMl1 toNS .-u'idenc.e o~ inallranOf!:. Mon-pay cancel not.ice i.a 10 ~o,:...iA'1 work on _" equtpment. day", Pie1d CEATII'ICA TE HOLDIIt City of Santa ....... Cl.ezk oL the c:l.tJi' CouncU CiviC! Center Plaza , M-30 1'.0. Box 19" Santa Ana ~ P2702-198e CNtCEt.LA.TtoN Cft!'SU IKOULO /lIfY Of TtII!MOVE DESCRIIW POL1C11iiI_ CNQ9.L.EO !l!!!I"MIi lt4i EiXPfiI\T1()N DAl1i THEREOF. ltie IUUIf<<i ...'URliA Will ENDEAVOR TO MAlL !L DAV. WFfl'1TEN NO'IICIi TP'THa C:~n; HOUlER NAMED ToO TtS L.liFl, iIVT FMIA5 TQgQl VQtWJJ. JIIPOI~ NO ORllG'Al1ON OR LWlLrTYOF Rl'f KIHO UPON TIE INSURER, IT!: AQilfT9 OR IlEPfIEI~11Yf& ACORD 25 (20D11G8) OACORDCORPORAnoM1S8B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: Willis North America, Inc. This endorsement modifies such insurance as is afforded by the provisions of Policy # 3581873 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 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 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 March 8, 2006, this endorsement form as a part of Policy # 35818734 Issued to the City of Santa Ana. Countersigned by MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER NYC-002669902-01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES DESCRIBED HEREIN. PRODUCER . MARSH USA INC. 200 CLARENDON STREET BOSTON, MA 02116 MGE UPS SYSTEMS, INC. 1660 SCENIC AVENUE COSTA MESA, CA 92626 A - JOM-O/ 9 A - J.0611 -(jJ 9- 0/ -oJ.. - OJ COMPANIES AFFORDING COVERAGE 99713-APCC--07/07 COMPANY A VIGILANT INSURANCE COMPANY INSURED (, f' COMPANY B GREAT NORTHERN INSURANCE COMPANY I( f( COMPANY C WAUSAU BUSINESS INSURANCE COMPANY I I COMPANY D NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA COVERAGES This certifICate supersedes and-replaces any previOlJs~yj~uedcediflcl1te_fo'r:thepolicy_pertod-noted below. 1 THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Cr~ I ~PE OF INSURANCE l ! GENERAL LIABILITY ! A ~MMERCIAL GENERAL LIABILITY 13531-48-45 ~ CLAIMS MADE [I] OCCUR I ~ ,OWNER'S & CONTRACTOR'S PROT ~.sIF, . , I AUTOMOBILE LIABILITY -, B ~ ANY AUTO l_ ALL OWNED AUTOS ~ SCHEDULED AUTOS _ HIRED AUTOS NON.OWNED AUTOS X PHYSICAL DAMAGE X OMP & COLL $1 ,000 C WCK-Z91-439161-016 10/01/06 10/01/07 LIMITS ~~L AGGREGATE $ 4,000,000 PRODUCTS - COMPIOP AGG $ 4,000,000 PERSONA.~ & ADV INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 ~.IRE DAMAGE (Anyone firtll $ 1,000,000 MED EXP (Anv one nersonl $ 10,000 COMBINED SINGLE LIMIT $ 1,000,000 .- BODILY INJURY $ (per person) BODILY INJURY $ (per accident) PROPERTY DAMAGE $ AUTOONLY-EAACCIDENT i $ OTH~~ THAN ,AUTO ~. EACH ~CIDENT $ AGGREGATE ! $ EACH OCCURRENCE $ 5,000,000 AGGREGATE ,$ 5,000,000 - $ X ...v;!..';:,;?,I~TU- I OJ,\" TORY L1MITS_ EL EACH ACCIDENT $ 1,000.000 EL DISEASE.POLlCY LIMIT ,$ 1,000,000 EL DISEASE-EACH EMPLOyEE $ 1,000,000 POliCY NUMBER 06/01/07 7320-34-35 106/01/07 I I 07/01/07 GARAGE LIABILITY - _ ANY AUTO -_.' EXCESS LIABILITY o ~ UMBRELLA FORM : OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4485537 06/01/07 1 07/01/07 1 THE PROPRIETOR! . PARTNERS/EXECUTIVE i OFFICERS ARE: IU'H<. ~INCL I : EXCL " ",.. ,?O'vSD A TO FORM - --, /' Lu I _ 7:Y--. vFr Lef C (cfyI'-r ,'"'717 ' <..p;?)~ !" iCer ,y /C.vc> /r1b~v \ C oK {lUll;''; DESCRIPTION OF OPERATIONS/LOCATIONSrvEHICLES/SPECIAL ITEMS .-.-. "~-1-'-'-"'i~;'-; :'l!,i~ S:.....;.;J/ 1\ 3.,..~W,1L (:ity AttOf:1CY CERTIFICATE HOLDER CANCELLATION City of Santa Ana Attn: Clerk of the City Council Civic Center Plaza, M-30 P.O. Box 1988 Santa Ana, CA 92702-1988 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION D,l,TE THEREOF, THE INSURER AFFORDING COVERAGE 'MLL ENDEAVOR TO MAIL ----30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREI\I, BUT FAILURE TO MAIL SUCH NOTICE Sf-'ALL IMPOSE NO OBlIGAT100 OR LIABILrTY OF ANY KINO UPOO THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OFTHIS CERTIFICATE MARSH USA INC. BY: Edward R Ford MM1 (3102) ~7?~ VAUD AS OF: 06/27/07 MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBeR NYC-002667482-01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUC1ES DESCRIBED HEREIN. PRODUCER . MARSH USA INC. 200 CLARENDON STREET BOSTON, MA 02116 COMPANIES AFFORDING COVERAGE --- - 99713-APCC--07/07 --.'-- INSURED COMPANY A VIGILANT INSURANCE COMPANY MGE UPS SYSTEMS, INC. 1660 SCENIC AVENUE COSTA MESA, CA 92626 COMPANY B GREAT NORTHERN INSURANCE COMPANY COMPANY C WAUSAU BUSINESS INSURANCE COMPANY -,- COMPANY D NATIONAL UNION FIRE INS. CO, OF PITTSBURGH, PA COVERAGES This certificate supersedes and replaces any previOusly issued certificate for th~poHcy. period noted below ~ 1 THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ~' TYPE OF 'NSURANCE I------::'Cy NUMBER I GENERAL UABlLITY I A [Xl C~MMERCIALGENERAL_~IABILlTY 13531-48-45 = CLAIMS MADE [] OCCUR ,-_' OWNER'S & CONTRACTOR'S PROT i ~ $2MMSIR . _I I' POLICY EFFECTIVE POLICY EXPIRATION I DATE (MMIDDJYV) DATE (MMJDDIYY) 06/01/07 I 107/01/07 AUTOMOBILE L1ABfUTY , 107/01/07 B ~,ANYAUTO ~ ALL OWNED AUTOS SCHEDULED AUTOS 1. HIRED AUTOS NON.OWNED AUTOS X PHYSICAL DAMAGE X OMP. & COLL $1 ,000 GARAGE LIABILITY 7320-34-35 06/01/07 -"! R' ANY AUTO r-- ~CESS LIABILITY o ~ UMBRELLA FORM I OTHER THAN UMBRELLA FORM I WORKERS COMPENSATION AND ! EMPLOYERS' LIABILITY I'> THE PROPRIETORJ IXlINCL PARTNERSJEXECUTIVE I":'=---j I OFFICERS ARE: ' EXCL o,HO. 4485537 06/01107 07101/07 10/01/06 10/01/07 WCK-Z91-439161-016 LIMITS t:NERAL AGGREGATE , PR~QUCTS-CO~~OPAGG PERSONAl & ADV INJURY ~ , $ $ - 4,000,000 4,000,000 ,----'---- 2,000,000 2,000,000 1,000,000 '--'--- 10,000 1,000,000 ._~ 5,000,000 5,000,000 ---~ 1,000,000 1,000,000 1,OOe,Ooo DESCRIPTION OF OPERATIONS/LOCATIONSfVEHICLESISPECIAL ITEMS RE. MGE field engineers performing work on MGE equipment. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are included as additional insured (except Workers Compensation) where required by written contract and allowed by law. CERTIFICATE HOLDER CANCELlATION ~q~_OCCURRENCE i $ FIRE g!'MAGE (Anyone fire) $ MED EXP IAnv one Derson\ $ COMBINED SINGLE lIMIT__L-_. BODIL'( INJURY i $ (Per person) j $ 80DIL Y INJURY (Per accident) +--- PROPERTY D~MAGE -. I $ AUTOONLY_EAACCIDENT $ ~~ THAN AUTO ONLY' EACH ACCIDENT $ AGGREGATE ~ $ EACH OCCURRENCE ' $ ,$ $ AGGREGATE X TOR~~~I~S i I UE~- EL EACH ACCIDENT 1$ EL DISEASE.POLlCY LIMIT $ EL DISEA;:;E-EACH EMPlOYEE: $ SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLEO BEFORE THE EXPIRATION DATE THEREOF THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --3Q DAYS IIVftITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL MPOSE NO OBLIGATION OR City of Santa Ana AUn: Clerk of the City Council Civic Center Plaza, M-30 P.O. Box 1988 Santa Ana, CA 92702 liABILITY OF ANY KIND UPON THE INSURER AFFORDNG COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OFTHIS CERTIFICATE MARSH USA INC. BY: Edward R Ford MM1 (3/02) ~7?~ VAUD AS OF: 06/27/07 MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER NYC-002667462-04 PRODUCER A- :2ODI-Igy THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 200 CLARENDON STREET A -:;l.OOY-Ol'l POLICY THIS CERTIFICATE DOES Nor AMEND, EXTEND OR ALTER THE COVERAGE BOSTON, MA 02116 AFFORDED BY THE POUCIES DESCRIBED HEREIN. A - 2-00'1-01'9_ 0 f ,------ COMPANIES AFFORDING COVERAGE - - /I " -0::>'- COMPANY , 99713-APCC--06-09 " " -03 A AMERICAN HOME ASSURANCE CO. ------ -- - ------ - INSURED I COMPANY MGE UPS SYSTEMS, INC. B TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA ATTN: MICHAEL DENNIS ---- - 1660 SCENIC AVENUE COMPANY COSTA MESA, CA 92626 i----.c:_ TRAVELERS IN[JEMNITY COMPANY OF AMERICA 1- COMPANY D NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA COVERAGES This certifICate supersedes and replaces any previously issued certificate for the policy peliOd noted. below. 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DeSCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTVv'ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF A.NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CER.TIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. f-- - POUCY EFFECTIVE I POU~~ EXPIRATION I _... CO TYPE OF INSURANCE POLICY NUMBER LIMITS LTR i DATE (MMIDDJ'r'Y) , DATE (MMlDDfYYj I GENERAL UABlLlTY GENERAL AGGREGATE 1$ 4,000,000 , 101101/08 --~RO-9UCTS - CCl.~~I~~ A ~MMERCIAL GENERAL ~IA8ILlTY 7216693 01/01/09 4,000,000 ~ CLAIMS MADE IX] OCCUR \ I pERSONAL & ADY INJURY , $ 2,000,000 CWNER'S & CONTRACTOR'S PROT ~ACH OC-;;-URRENCE 1$ 2,000,000 ? FIRED~MA~EIAnYOnefire) 1$ 1,000,000 --"-fl2MM.S.IR-- , i MED EXP lAnv one nerson) $ 10,000' , AUTOMOBILE LIABILITY 101101/08 $ 1 ,000,000 - ' COMBINED SINGLE LIMIT B X I ANY AUTO T J-CAP-8199A41-4- TI l 01/01/09 ~ AU OWNED AUTOS I I -- 1$ - - BODILY INJURY i I SCHEDULED A.UTOS I (Per person I i _J HIRED AUTOS ~ODIL Y INJURY 1$ - NON.OWNED AUTOS (~er<lcCidentl ,,_ i~ jPHYSICAl DAMAGE I PROPERTY DM1AGE 1$ X COMP & COll $1 ,000 ! GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ R ANY AUTO -- ~r- tHER THA~ AUTO ONL Y,-_'__ ~- i EACH ACCIDENT $ - -- ! 1 A~~REGATE I $ - EXCESS LIABILITY I !_,~ACH OCCURRENCE 1$ 5,000,0ClQ. D h<l UMBRELLA FORM '9835472 101/01/08 01/01/09 AGGREGATE Ii 5,000,000 ,- - -- , OTHER THAN UMBRELLA FORM $ I WORKERS COMPENSATION AND 101101/08 . '-"Y,",?iATU- j I UJIi' EMPLOYERS' LIABILITY X i TORY LIMITS , -,~ C TC2H-UB-8196A02-A-08- TIA 01101/09 EL EACH ACCIDENT $ 2,000,000 I, THE PROPRIETORl I X-I'NCL - -- B TRJ-UB-186K259-O-08-Tll ,01/01/08 01101/09 EL DISEASE.POLlCY LIMIT _.~ 2,000,000 PARTNERSJEXECUTIVE - OFFICERS ARE' EXCL I EL DISEASE-EACH EMPLOYEE $ 2,000,000 10'He" I 1 i DESCRIPTION OF OPERATlONSILOCATIONSIVEHICLESlSPECIAL ITEMS RE. MGE field engineers performing work on MGE equipment. The City of Santa Ana. 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are included as additional insured (except Workers Compensation) where required by written contract and allowed by law. CERTIFICATE HOLDER CANCELLATION Sl10ULO ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE INSURER AFFORDING COVERAGE WLL ENDEAVOR TO MAIL --3Q DAYS \NRITTEN NonCE TO THE City of Santa Ana CERTIFICATE HOLDER NAMED HEREIN BUT FAIWRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Attn: Clerk of the City Council Civic Center Plaza, M-30 P.O. Box 1988 LIABILITY OF ANY KINO UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE Santa Ana, CA 92702 ISSUER OF THIS CERTIFICATE MARSH USA INC. ~~~ BY: Edward R Ford MM1 (31021 VAUD AS OF: 12/31/07