HomeMy WebLinkAboutSCHINDLER ELEVATOR CORP 3
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~ AGREEMENT TE~NATION
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Please complete this form when the attached agreement is no longer in effect.
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Return form to the Deputy Clerk of the Council (M-30). Call 647-5237 if you have anYC~'r~tions.;. !~l~/l.
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The agreement with ~},.ln:d dA rf0t./}/(JiM ~.
No. /j/-r2tXJ7-/,,27 was completed on 1.4?Jolt>8
and final payment has been made.
Date:
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Department:
Signature:
City of Santa Ana
Clerk of the Council
Revised Q6.1~7
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
/-/-~~
CLERK OF COUNCIL
DATE: L NO V 1 2.00],
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THIS AGREEMENT, made and entered into this 26th day of June, 2007 by and between
Schindler Elevator Corp, 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").
N-2007 -127
CONSULTANT AGREEMENT
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 ofthis 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 four elevators, at
the Santa Ana Regional Transportation Center, 1000 E. Santa Ana Blvd., Santa Ana, California,
as set forth in Exhibit A, attached hereto. Consultant's responsibility to maintain the two
pedestrian bridge elevators shall commence upon expiration of the installation contractor's
warranty period, October 31, 2007.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges set forth in Exhibit A. The total sum to be expended under this Agreement
shall not exceed $15,000.00 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,
2008, unless terminated earlier in accordance with Section 12, below. 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 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, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this 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. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
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(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.
e. 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: (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 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.
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
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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
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: Donny Ogo
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
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communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-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
written consent of the City, which shall not be umeasonably withheld. 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 of the 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 oftermination,
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 ofthe 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.
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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 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 of this 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,
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. Sl2101 et seq., Government Code S 4450
et seq., and the Umuh Civil Rights Act, Civil Code S51 et seq.
17. FORCE MAJEURE
Neither party shall be liable under this Agreement for any loss or damage to the other
party due to delay in delivery or other performance failures resulting from any cause beyond the
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first party's reasonable control. Such causes shall include compliance with court orders, civil or
military authority, acts of God, acts of the public enemy, acts or omissions of the other party
which resulted in the delay, electrical power surges or current fluctuations, lightning strike, fire,
flood, strike, lockout, embargo, war, acts of terrorism, fuel shortage, riot, insurrection, default or
delay of suppliers, delay in transportation and loss or damage of goods in transit. The delayed or
non-performing party's time for performance shall be extended by the period of any delay
resulting from any cause beyond the party's control. Notwithstanding the above, both parties
shall use commercially reasonable efforts to minimize the adverse consequences of any such
condition.
18. LIMIT A TION OF LIABILITY
Neither party shall be liable for damages to the other party, whether in contract or tort, in
excess of the annual price of this Agreement. Further, neither party shall be liable for indirect,
exemplary, punitive, special or consequential damages of any kind incurred or suffered by the
other party arising from any breach of this Agreement. Notwithstanding the foregoing, the
provisions of this section shall not be construed as limiting the extent or applicability of a party's
intentional misconduct, nor shall this section limit either party's obligation to indemnify the
other party for third party claims.
19. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
JP
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PAT\luCIA E. HE L
Clerk of the Counc 1
~f
~DA VID N. REA . l
City Manager
~I
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
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By:;;1 t2tM t<' JZ~I
Laura Sheedy ~.~
Assistant City Attorney
v
RECOMMENDED FOR APPROVAL:
Lj\GVI') (~ '/-t:iu)cu.t0
TEPHEN . HARDING
~eputy City anager for
Development Services
8
Schindler Plus
SCHINDLER ELEVATOR CORPORATION
18005 Sky Park Circle
Suite ABCD
Irvine, CA 92614-6514
Phone: 949-251-8760
Fax: 949-251-8775
Date: June 18, 2007
Estimate Number: DOGO-74ASTD (2007.3)
To:
THE DEPOT AT SANTA ANA
1000 E Santa Ana Blvd
Santa Ana, CA 92701
Building Name:
The Depot At Santa Ana
Attn: Carolyn Fullerton
EQUIPMENT DESCRIPTION
Qty Manufacturer Equipment Application Description
Depot At Santa Ana The
1000 E Santa Ana Blvd Santa Ana, CA 92701-3900
1 Coast Hydraulic Passenger Passenger
1 Schindler Hydraulic Passenger Parking Structure
1 Schindler Hydraulic Passenger Pedestrian Bridge
1 Schindler Hydraulic Passenger Pedestrian Bridge
Rise/Length
Openings
capacity Speed
Insta11#
SF/OR
4F/OR
3F/OR
2F/OR
2500 150
3500 140
5000 150
5000 150
SCHINDLER ELEVATOR CORPORATION ("Schindler", "we", "us") 18005 Sky Park Circle
Suite ABCD, Irvine, CA 92614-6514, and THE CITY OF SANTA ANA AT THE DEPOT AT SANTA ANA., 1000
E Santa Ana Blvd, Santa Ana, CA 92701 ("you") agree as follows:
PREVENTIVE MAINTENANCE SERVICE
. Our preventive maintenance program performed in accordance with a maintenance schedule specific to
your equipment
. Examine, lubricate, adjust, and repair/replace covered components
. Prompt callback coverage
. Safety testing
. Customer friendly and responsive communications
PREVENTIVE MAINTENANCE PROGRAM
Our Preventive Maintenance Program, as described in this agreement will be performed in accordance with a
maintenance schedule specific to your equipment. A Schindler technician will be assigned to you, and back up
technicians are available as required to give you prompt service as required at all times. A Schindler account
representative will be assigned to you, and will be your primary contact for communications regarding your
agreement. Also available to you is our extensive technical support and parts inventory, at the site as needed,
and local warehouses and our national Service Distribution Center available for express delivery in
emergencies.
EXAMINE, LUBRICATE, ADJUST, AND REPAIR/REPLACE COVERED COMPONENTS
We will periodically examine, lubricate, adjust, and as needed repair or replace the Covered Components listed
below.
Page 1 of 6
DOGO-74ASTD
2007.3
EXHIBIT Lf~
HYDRAULIC ELEVATORS
Basic components: Controller components: resistors, timers, fuses, overloads, minor contacts, wiring,
coils; packing, drive belts, strainers, functional components of car and corridor operating stations,
hangers and tracks, door operating devices, door gibs, guide shoes, rollers, traveling cables, signal
lamps (replacement during regular visits only), interlocks, door closers, buffers, switches, door
protection devices, and alarm bells.
Major components: Exposed piping in the Machine Room & hoistway, motor, PC boards, pump, pump
unit, solid state devices, contactors, and valve.
We assume no responsibility for the following items: hoistway door hinges, panels, frames, gates and sills; cabs
and cab flooring; cab doors, gates and removable cab panels; cab mirrors and handrails; power switches, fuses
and feeders to controllers; emergency cab lighting; light fixtures and lamps; cover plates for signal fixtures and
operating stations; card readers or other access control devices; smoke/fire alarms and detectors; pit pumps
and alarms; cleaning of cab interiors and exposed sills; plungers, casings and cylinders; automatic ejection
systems; all piping and connections except that portion which is exposed in the machine room and hoistway;
guide rails; tank; emergency power generators; telephone service, communication devices; disposal of used oil;
intercom or music systems; ventilators, air conditioners or heaters; media displays; fireman's phones; exterior
panels, skirt and deck panels, balustrades, relamping of illuminated balustrades; attachments to skirts, decking
or balustrades; moving walk belts; pallets; steps; skirt brushes; sideplate devices; obsolete items, (defined as
parts, components or equipment either 20 or more years from original installation, or no longer available from
the original equipment manufacturer or an industry parts supplier, replaceable only by refabrication.)
CLEANING/PAINTING
We will periodically clean the machine room, car top, and pit of debris related to our work in these areas; and
will periodically paint the machine room floor.
TESTING OF SAFETY DEVICES
EQuipment
Hydraulic
Test
Pressure/Relief Valve
FreQuency
Annually
Our testing responsibilities do not include fees or changes imposed by local authorities in conjunction with
inspecting, licensing or testing the Equipment; changes in the testing requirements after the initial start date of
this Agreement, or any other testing obligations other than as specifically set forth above. Since these tests may
expose the equipment to strains well in excess of those experienced during normal operation, Schindler will not
be responsible for any damage to the equipment or property, or injury to or death of any persons, resulting from
or arising out of the performance of these tests.
CUSTOMER FRIENDLY AND RESPONSIVE COMMUNICATIONS
Service dispatching will take place through our Schindler Customer Service Network (SCSN), which is staffed by
qualified Schindler personnel, 24/7. You will be provided with a customer identification number, which must be
referenced when a call is placed for your facility. Our dispatchers will have access to your building's service call
records, and will promptly relay the details of your call to the assigned technician. Your cab telephone will be
directly programmed to dial SCSN.
You will also have access to Schindler SCORE CARDTM, through Schindler's website, which gives you instant
access to the performance history of your equipment covered by this Agreement.
Page 2 of 6
DOGO-74ASTD
2007.3
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ADDITIONAL COVERAGES
We will remotely monitor (if applicable) those functions of the Equipment described above which are remote
monitoring capable. Our remote monitoring system ("SRM") will automatically notify us if any monitored
component or function is operating outside established parameters. We will then communicate with you to
schedule appropriate service calls. Monitoring will be performed on a 24 hour, 7 day basis and will
communicate toll free with our Customer Service Network using dedicated elevator telephone service. The
operation and monitoring of SRM is contingent upon availability and maintenance of dedicated elevator
telephone service. You have the responsibility to install, maintain and pay for such telephone service, and to
notify us at any time of any interruption of such telephone service. If requested, you will provide the proper
wiring diagrams for the equipment covered. These diagrams will remain your property, and will be maintained
by Schindler for use in troubleshooting and servicing the equipment.
CALLBACK RESPONSE TIME
We will respond to callbacks during regular working hours within an average of 4 hours of notification, and
during overtime hours within an average of 12 hours of notification, unless we are prevented from doing so by
causes beyond our control.
HOURS OF SERVICE
We will perform the services during our regular working hours of regular working days, excluding elevator trade
holidays. The services include callbacks for emergency minor adjustment callbacks during regular working
hours. If you authorize callbacks outside regular working hours, you will pay us at our standard billing rates,
plus materials not covered by contract, expenses and travel. All other work outside the services will be billed at
our standard billing rates. A request for service will be considered an "emergency minor adjustment callback" if
it is to correct a malfunction or adjust the equipment and requires immediate attention and is not caused by
misuse, abuse or other factors beyond our control. The term does not include any correction or adjustment that
requires more than one technician or more than two hours to complete.
TERM
This Agreement commences on June 30, 2007, and continues until June 29, 2008, and shall renew (where
permitted by applicable local law) for subsequent similar periods, unless terminated by either party upon written
notice received by the other party at least 90 days prior to the above termination date or any renewal termination
date.
PRICE
In consideration of the services provided hereunder, you agree to pay us the sum of $808.00 per month,
payable in quarterly installments of $2,424.00, exclusive of applicable taxes, subject to payment terms and Price
Adjustment set forth below. You agree to pay, as an addition to the price herein, the amount of any current or
future sales, use, excise or other tax applicable to the services provided hereunder. You may choose to make
payments on a semi-annual basis, for a discount of 1 % (initial here if semi-annual _), or on an annual basis,
for a 3% discount (initial here if annual _).
PRICE ADJUSTMENT
The contract Price and labor rates for extra work will be adjusted annually, as of the date of the local labor rate
adjustment, and will be increased or decreased on the basis of changes to the local straight time hourly rate for
mechanics. If there is a delay in determining a new labor rate, or an interim determination of a new labor rate,
we will notify you and adjust the price at the time of such determination, and we will retroactively bill or issue
credit, as appropriate, for the period of such delay.
Page 3 of 6
DOGO-74ASTD
2007.3
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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 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
MAR/19/2007/MON 08:52 AM
SCHINDLER IRVINE
FAX No, 9492518775
p, 002
ACORD." CERTIFICATE OF LIABILITY INSURANCE Page J. of 3 I DATIi
03/14/2007
ptroOUCER 877-9405-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERnFICATE
..~~J.~. NQrt:h Ameri<:!a, Ind. HOLDER. THIS CERnFICATE DOE8 NOT AMEND, EXTEND OR
26 CQll.l;1,U;Y 1I1vd. ALTER THE COVERAGE AFFORDE;D BY THE POLICIES BELOW.
P. o. ~ox 3051'1
)luhvill., :m 3n305:LU INSU~RS AFFORDING COVERAGE NAlC~
IN8UIlED Sllhind141!or Elevat:or corpor.ticm INSURERI'; Zuridh Americian Iuoruran".. C,-,anv 16535 -003
2D Whippany Read INSURER B:
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INSU~ c:
INsU~R D:
I INSURERE.:
COVERAGES
THE POUCIES OF INSURANCE LIST&IJ aiLOW HAVI:: BeaJ ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
AI>l'f ~QUIREt.AENT, TERM OR CONDITION OF ANY CONTRACT OR OTHeR DOeU~1!NT WITH RESPECT TO WHICH THIS CER"FICATE MAY BE ISSUED OR
MAY PIiRTAIN, THIi IN5UAANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE; TliRM$. iXCI.USIONS ANe CONDITIONS OF sUCH
POlICliS. AGGReGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlD ClAIMS.
=mI TYPE OF INSUlU.r.lell POUCY NUMElEft POUt;YEFFIiOc:;1ME "~Nmgtc'J!SlN L.llIIITs
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..x.. :3MMERCW.GENl:~IA8lLlTY ~~~MM~~o~\ S 1 I'Inl'l ^^O
-;- ct...UwIS MADE X OCCUR UEO ElCP fAnv cu c"",onl S
Lt..,.,41.it... PeRSONAl & AOVIIIIJURY 5 2 nnn nnn
- GENEftAlAGGREGATE S 5 000 000
-;IN'LAGGnUr.lI:!\PM PElt PRODUCTS-COMP~PAGG S 5 n...... I'Il'In
X POUOY ~Br LOC
A ~TOMCIllU.l..IABJLITY BAPS44543b17 1/1/2007 1/1/2008 cor.AalNliOo alNl;ILlii 1.1Wf'
...x.. ANY /\UTO (lOa ...ad...!) S 5,000,000
..x.. AlL OWN4i.O AUTOS BODILY INJURY
SCHiDULECI AVT'DI (Pt/' 1)8/100) $
-
.x. HIRED AUTOS BOOll Y INJURY
S
.1l NON-OWNIiD AUTOS (p... -.,idoni)
PROPliRTY DAMAGE $
UO-UQCI(l8nQ
~Q" l.INIlLfTY AUTo ONLY.eAACClcEJ'/T I
ANY AUTO OTH5R THAN Ell. N:;C $
AUT ONLY: AGG $
I;XC,"lI8 LlABII./TY . ~ Vc:',.-- EAcH oc;CUR.F{~CIt Ii
::lOCCUR 0 ClAlMeMAP" ~~II .5 " AGGREGATE S
,S ." '
=J OI:oUC'Tl8I.E Ii
RETENTION s mS
A WORKEIUI COMPIiNSATION ANC WC644543818 1/1/2007 1./1/2008 x I ~-ftro-/t"g I
EMPI.OTERr UAIIILlTY
A ANY I'~Ol'Al&.rORlPAR1'NERiexecUl1VE WCSEiEiB1B7U 1/1/2007 l/lnOOe E.L, EACH AOClOl:;NT II 5 000 000
OFFlCERIloIEMEIEA EXCLWl:07 E,L,DiSE.\SE~fAEMPLoYEE '~ .; .ono ndn
~~~~=NSb"''''' E.L OISEASE - POlICY UJ.4IT I 5 000 000
OtHER
CeSCRlPm)NOF OPIiM.TJONII~OC'\n"NB~IiXCUIIIICNti AlJCJED BY INCMSaMaNTISNCIAL PROVISIONS
THTS VOIDS AND REPLACES PREVIOUSLY XSSVEO C.aT!rICATE DATED: 12/1/2006 WITH ID: 8151632
SBCB51.0 - CONTj 42-~3594
MAIllTENANCIil lit REPAIR AT BANTA ANA ~GIONAL TRANSPORTATION CENTBR. ~OOO EAST SANT~ ANA BLVD.. STE.
108, SANTA ANA, CA 9:ol10l.
Cl!RTIFICATE HOLDER
CANCELLATION
ACORD 25 (2001/011)
Coll:192078a Tpl:572181
.8ltOu.~ JIM'( OF rnl<p.SOVE DEaCR111li1J POLICIEB BE cANca;Ll~b 8l!1'ClIdTHIIlXPlRATION
OATH rniRliOF, THE I8lilUlHliIINIIIURER Wll.1. J<WIIfIIIlI\J(XMAII. ~ D/o.YB WRITTEN
NorlCl TO THI! Cl!RTIPlCATIiI MOLDIiR NAMED TO THI!. L1iI"lPIK~~
M--lIY"Kl"-Il!I"_YiY~tufiH~llClII~""""1lli5(
~
AUTllDlUZEll I'RESENL::
CrrY 0" ll.llJil'1'A AlIA, PtmCKAi!l1:NC DIVIS%ON, M-:U
:;l 0 CJ:VI:C CD'l'ER I'LAZA
SANTA ~A, CA 92102
@ACORO CORPORATION 1988
MAR/19/2007/MON 08:53 AM
SCHINDLER IRVINE
FAX No, 9492518775
p, 003
williS CERTIFICATE OF LIABILITY INSURANCE ..ag. 2 of 3 I DATI
OJ/U!.:ilOO7
~AODUcIA 677 -94 5 -7378 THIS CER.TlflCAn: IS ISSUED AS A. MATTE\Of INFORMATION
ONLY ANIl CONFERS NO R1GHiS UPON HE CE~nFICATE
Willi. Ncr~h Aa~riQa. Inc. H01.DER. THIS CERTlACATE DOES NOT AMEND, ~reNP OR
2' C_t.u:ry .1vl!. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. Q. BOX 3051'1
~Bh"':Ule, ':Of 37:1305151 INSURERS AFFORDING COVERAGE NAlef#
INSU!IEJ) Sdhindl~r Elevator Co~por.t~on IIoISURERA: zurioh AmariCiln InSUZ'ilDce COlllDany :1''135-003
~D WhipPaDY Ro&d (N8U~1I;
~:Z:lI:;l...ttlWD. R.:l' 1I7116D
INSURER 0:
INSURER 0:
I rNSURER Ii:
DI!SCAlPTIQN Cl' QI'tEAATlON8IL.OCATloI\I5M!HICLI!SIEXClUSIONSADDED BY ENDORS_rmePlOOIAl. I"IUlYIBJDN5
~DITIONAL INSURED: T8K CI~Y OP SANTA AHA, ITS OFPICERS. SKPLOYEES, AGENTS AND REPRESENTAT~V~S ~
PER A'r'I'ACUEI) ADIl:t':rrONAL Dl8URBD ENDORSEMENT.
...
~2!>
Coll:1i20788 ~1:572~81 Cert:8669214
MAR/19/2007/MON 08:53 AM SCHINDLER IRVINE
FAX No. 9492518775
P. 004
Pa51& 3 of J
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) 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 tenns and conditIons of the polley, certain policies may
mquim an endorsement. A statement on this certificate does not confer rights to the certificate
holder In liaL.l of such sndorsement(s).
DISCLAIMER
The Certlflcata of Insurance on the reverse side of this form does not constitute a contract between
the issuIng Insurer(a), authortzed repres~lOtativlil or producer, and thll certificate holder, nor does It
affinnatively or negatively amend, extend or alter the covemge afforded by the policies listed thereon.
~3(~
ACORD 25 (20D1/08)
doll:1920788 ~pl:57~~81 Ce~t:BGG8~14
MARiI9/2007/MON 08:53 AM SCHINDLER IRVINE
FAX No. 9492518775
P. 005
@ ZURICH-AMERICAN INSURANCE GROUP
ENDORSEMENT
,. ICYNQ.
EFE DJ\TE OF POL EXP O"n;: OF L.
AGENCY NO. AOD'LPRE...IUM U PREMIUM
GL0644543517
1/1/2007 1/1/2008
50.443 $ S
This EndOl11ement Changes The Policy- Please Read It Carefully.
Named Insured:
Schindler Elevator Corporation
Address (mcluding ZIP code):
20 Whippany Road, Morristown, New Jersey 07960
This endorsement modifies insurance provided by the following:
COMMERCIAL GENERAL LIABILITY
BL~T ADDmONAL INSURED :ENDORSEMENT
The "'Porsons Insured" provision are amended to include as an Insured any person or organization for who the
Named Inaured has llpeclficQ1ly agreed by written contract to procure Bodily Injury, Property Damage and Personal
Injury Liability Insurance provided that
A. This iD8Ur8nce applies only to each coverage which the Named InSUIed has agreed to provide by contract, but in
no event shall coverage exceed the coverage otherwise afforded by this policy;
B. 1'l18 a.mount of iDsura.nce is limited to tha.t required by such written contract, but in no event sb.;lll the limits of
liability exceed ~ limits of liability provided by the policy:
C_ This insmance applies only to Bodily Injury or Property O(lmage arising solely out of negligent acts, errors, or
omissions of me Named Insured while the Named Insured is actively engaged in opel'lltions a.t the site
designated in the Contract between the Named m9Ured and the Additional Insured:
D- 11lli; insurance shall apply as primary imurance lllI respect to any pe.mon or organiza.tion for whom the Insured
has agr:eed by written contract to provide inSUI1lllCc:. on Ii priIIUUy bll8is. Any othc:.r insurance available to such
pel5Qn or organization shall be excess and not contributory with the insorance afforded by this policy:
E. This insurance shall terminatE upon the earlier at the following:
1. Termination by written contract between the Named Insured and the Additional Insured; or
2. When the project meets the definition of substantial completion on the contract between the Named
Insllred and the Additional Insured.
~ i/S--
Countersigned:
I- fJ~
;' (Authorized Representative)
U-GL-113-BCW(4/89)
Page 1 of 1
MAR/19/2007/MON 08:53 AM SCHINDLER IRVINE
FAX No. 949251877 5
ADDmONAL INSURED BNDORSE:IM:ENT
5)R CC>MMJl&C1AL GBNBltAL LIABlUIY POl'JCY
Insurance O:lmp~ ZURICH AMERICAN INSURANCE COMPANY
'l11.ia tIIldorsementtnOdi6es such JnSU1'lUlce Q it aflbrded by the proviJions Qf:Policy
., GL0644543517 ra1ating1D the ibUowing:
1. The City of Santa ~ 20 Civic Center Maza, SI11ta..Au.a., CaIm:mI.ia
92701; iu of6cera, fUlPl~ Ilaeatl, yolUDteet9 an.drep~ttvcsare name4.lYJ
. adlfitIon.tl ~ ("additiorutl insureds") with teglU'd to liabilit;y snd defeJlJe ofltUXts
uis.l:Dc from ~ opcratilJns and tI.'Ie.9 porfomled by or on behalf t1f th-e named msured.
2. WJthr~ to c~ arising m2t: oftb.e op~Dn$ 8Ild ru;cs ped'ODI1cd bJ
01 on b=baIf" of1b.ls named ~d. $Uch maurance aa is afibrded by1hia palloy is prim8ry
and g llgt tdtlitional to or eoDttiO\l'lSnawith any oth;r m~ oarried by or fur the
benefit of'thc additional insurt:d$.
3. 1'1rlt ~ lpplles S~1 to oacb inlured.9instwhom QWm is
made 01' llUit is brought ~ 'With respC:ct 10 tb~ (:Ompap;y's 1i:arl%I gf'Wabi1i~. 'IbL'l
I:nc1uaion of 8:rt'f penon or orp:nization 0 .. WsU(ed shall not afrect SZ1Y right wbicb sllOh
peJ$Dll or organizllfio;ft would have.,. c]aimagt if not 9D inoludid.
4. With Xll5poot to 1bo additi01J~ io$u:recls. tbi$ fn&urance Bbsll not be
c8lJ.ceUed. orma:t.cd8ll1 ~w;cl;l in cove.cago or ~ except.ttec tbiity (30) da;Ys writtott
,mtice:t:.a& been given to the City of SmtaNJ.a, 20 Civic C~ Plaza, Santa A>>a.
California. 92701. .
'"
(Completfon ~f1he ibnowiD& inctudine coun:tel'sjgDatlm:, k ~ to lUake this
e.ndon=_ e:ffilctin.)
Bffeativo 3/1/20~ . this endorsement f.oon as a part of
:Policy' GL06445 3511
Issu.ed to SCSINDLlii. ELEVAtOR COlU'ORATION
. . . . NIUI1M Insured
Couutt:rsign,ed by ~ t;~
Authorized Rcptt'$QQta1ive
'/55::/; /~
al
P. 006
,
"
A CORO,.
CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 j 12/00;/~007
877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
A-.;2007-D3&
P,-::u:>c7- 0 ?'i/- 0 I
INSURERS AFFORDING COVERAGE
NAIC#
PRODUCER
Willis North America, Inc.
26 Century Blvd.
P. O. Box 305191
Nashville, TN 372305191
INSURED
Schindler Elevator Corporation N'" ?o07-1 '27
20 Whippany Road
Morristown. NJ 07960
INSURER A: Zurich American Insurance Company
INSURER B;
INSURER C:
INSURER 0:
INSURER E:
16535-003
-L
COVERAGES
I
I
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.
Irf"R rN~l{ TYPE OF INSURANCE I POLICY NUMBER P8k{-i~~~~~E Pgj'fEY ~~b~ON LIMITS
L R
A GENERAL LIABILITY GL0644543518 1/1/2008 1/1/2009 EACH OCCURRENCE -1' 2 000 000
~-~-~ ~~~~~~J?E~~~~~llcel :, 1 000 000
CLAIMS MADE [iJ OCCUR MED EXP (Any aile person) $
X C ntractual Li~lit PERSONAL & ADV INJURY , 2 000 000
GENERAL AGGREGATE $ 5 000 000
r~r'LAGG:nE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 5 000 000
I X POLICY i )~g: n LOC
A ,~TOMOBILE LIABIUTY BAP644543618 1/1/2008 1/1/2009 COMBINED SINGlE LIMIT $ 5,000,000
~ ANY AUTO (Eaaccidellt)
eX ALLOWNEDAUTOS BODILY INJURY
(Per persall} $
SCHEDULED AUTOS
,--'
,~ HIRED AUTOS BODILY INJURY
(Pefaccidellt) ,
eX NON-OWNED AUTOS
,-- PROPERTY DAMAGE $
, (Peraccidellt)
R~GELlABILITY Ro-€l1 v/8 AUTO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EAACC $
AUTO ONLY AGG ,
EXCESSlUMBRELLA LIABILITY ! fI" ',' EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
,
DEDUCTIBLE S
RETENTION I I
A WORKERS COMPENSATlON AND WC644543819 1/1/2008 '1/1/2009 X I T~~~rfUHs~ -10~-
I EMPLOYERS'LIABILITY
A ANY PROPRIETORJP ARTNER/EXECUTIVE WC666818717 1/1/2008 1/1/2009 E.L. EACH ACCIDENT $ 5 000 000
OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE I 5 000 000
gp~~I~~~O~IS~~NS below E.L. DISEASE - POLICY LIMIT $ 5.000 000
OTHER
i
DESCRIPTION OF OPERATIONSlLOCATlONSNEHICLESlEXCLUSIONS ADDED BYENDORSEMENT/sPEClAL PROVISIONS
SllC8510 - CONT# 42-13594
MAINTllNANCE & REPAIR AT SANTA ANA RllGIONAL TRANSPORTATION CENTER, 1000 EAST SANTA ANA BLVD., STll.
108, SANTA ANA, CA 92701.
ADDITIONAL INSURED: THB CITY OF SANTA ANA, ITS OFFICBRS, EMPLOYEES, AGENTS AND REPRESENTATIVES AS
IPER A ADDITIONAL INSURED II
CERTIFICATE HOLDER
CANCELLATION
CITY OF SANTA ANA, PURCHASING DIVISION. M-16
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ~x.xMAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF1XIUl~L
DDflBmlYill~U_~KICIXIXIaXiH~ltX.XllCMlClDX
-~
AUTHORIZED PRESENTrE
ACORD 25 (2001/08)
Co11:2189493 Tp1:711996
@ ACORD CORPORATION 1988
-'..
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.
ACORD 25 (2001/08)
Coll:2189493 Tpl:711996 Cert:9893922
~ ZURICH-AMERICAN INSURANCE GROUP
ENDORSEMENT
POLICY NO. EFF DATE OF POL EXP DATE OF POL. EFF DATE OF END. AGENCY NO. ADD'L PREMIUM RETURN PREMIUM
GL0644543518 1/1/2008 1/1/2009 50-443 $ $
This Endorsement Changes The Policy. Please Read It Carefully.
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 organization for whom the Insured
has agreed by written contract to provide insurance on a primary basis with other insurance available to such
person or organization being excess and not contributory with the insurance afforded by this policy
E. This insurance shall terminate upon the earlier of the following:
1. Termination by written contract between the Named Insured and the Additional Insured; or
2. When the project meets the definition of substantial completion on the contract between the Named
Insured and the Additional Insured.
Countersigned:
I- fJr
/ (Authorized Representative)
U-GL-113-BCW(4189)
Page 1 of 1