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HomeMy WebLinkAboutORTCO, INC. - 2008City of Sang Ana AGREEMENT TERMINATION Clerk of the Council Please complete this form when the attached agreement is no longer in effect. Return form to the Deputy Clerk of the Council (M-36). Call 647-5238 if you have any questions. The agreement with No. and final payment has been made. Revised 05-22-08 was completed on 311 axo Department: �. c �'►� 1 Signature: Date: City of Santa Ana Clerk of the Council INSURANCE ON FILE N-2008-089 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 1- Oq CLERK OF COUNCIL DATE: -7- i 7 - C AGREEMENT ck; „sTHIS AGREEMENT, made and entered into this 30" day of June, 2008 by and between Ortco, Inc., a California Corporation (hereinafter "Contractor', 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 contractor having special skill and knowledge in the field of providing labor and materials to prepare a construction site for concrete work at Logan Park playground. This includes the installation of a 2-seat swing, construction of turndown curb and concrete curb connectors and preparing the area for installation of rubberized surfacing. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor 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 $6,000 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 August 31, 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 Parks, Recreation, and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor'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. Contractor 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, Contractor, if Contractor 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, Contractor 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 Contractor pursuant to this section: (i) Contractor 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. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability 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 Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Contractor 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST CLAUSE Contractor 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. 8. 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 Parks, Recreation, and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 571-4235 To Contractor: ORTCO, Inc. 2163 N. Glassell Avenue Orange, California 92865 Telefacsimile 714-998-3996 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, 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. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without 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 contractors retained by City. 11. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor 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. 12. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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. 14. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 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 m the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LautVa Sheerly Assistant City Attorney CITY OF SANTA ANA All DAVID N. REAM CityManager RECOMMENDED FOR A_PPPR VAL: CONTRACTOR u GERARDO MOUET (NAME)n` Executive Director o (Title) /'Y j Parks, Recreation, and Community Services Tax ID# (p517(pg3 EXHIBIT A QUOTE #2008-329 5/20/2008 Logan Park Project Item Description THY COST Swings Installation of 2 seat swing 1 $750 Curb Construction of turndown curb 115 24 Curb Construction of concrete connector curb 33 24 Prep Rubber prep area with compacted base material 555 2.75 Delivery To be delivered to ORTCO where offload and storage up to 30 days to be billed accordingly. Offload to another location is to be coordinated to enable work to proceed same day. Special trips to offload only, may be subject to service charge Prices good for 60 days Total $750 2,760 792 1,526.25 TOTAL $5,828.25 Contractor understands and agrees that City will pay for swings and Orange County Community Foundation will pay for Curb and Prep. 34933E3 ACORD CERTIFICATE OF LIABILITY INSURANCE 1 °ATE 7/14/2IMIRMonl1Y)008 PRODUCER Complete Insurance, Inc. 19000 MacArthur Blvd. PH Floor Irvine, CA 92612 (949)263-0606 w .Completelnsurance.com INSURED Ortco, Inc. 2163 N. Glassell Avenue Orange CA 92186 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. INSURERS AFFORDING COVERAGE NAIL N INSURER A: Admiral i�rano omoanv __ NSURER B: The Netherlands Insurance Company _- INsuRER ¢Oak River Insurance Company "SURERD: _ INSURERS _ nveeAGES V 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 ALLTHE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 'L L41POLICY NUMBER POLICY EFFECTNE POLICYEXPIMTION DAM HIMOMD LIMITS A GENERALLIABILITY EACHOCCURRENCE S 1,000,000 DAMAGETORENT PROMISES(Ea.rcarence _ E 50,000 11 COMMERCIAL GENERAL LIABILITY CA000005173-05 612U2008 6/21/2009 s Excluded CIAIMSMACE OCCUR, MEDEXP(MyUno;*a PERSONAL A AM INJURY S_ , 1000, DOO_ f GENERAL AGGREGATE ',s 2,000,000 i I GEN'LAGGREGATE LIMIT APPLIESPER '. PROCUCTS-COMPIOPAGG S 2,000.000 POLICY' T% PHO LOG" B L AUTO MOBILELIABILITY COMBINED SINGLE LIMIT S ANY AUTO BA9830185 6/21/2008 6/21/2009 IEaaommt) 1,000,000 BODILY INJURY ALL OWNED AUTOS IS (Per SCHEDULEDAUTOS BODILY INJURY f HIREDAUTOS E /NON -OWNED AUTOS (PeramdanO PROPERTY DAMAGE Is '.1,"Z �,` E.: .. GARAGE LIABILITY - (AUTO ONLY-FAACCIOEN' S OTHER EAACC S ANY AUTO / � S AUTO ONLY AGG E%CEBSIUNBRELLA LIABILITY - J •il EACH OCCURRENCE E OCCUR CLAIMS MADE ''-' I Y IV/ AGGREGATE_—� S ., DEDUCTIBLE RETENTION S E WC S1AN- OTH- WORKERS COMPENSATgNAND C EMPLOYERS'LIABILITY 22880008099071 101112oD7 10/1/2008 E LETI. EACH ACCIDENT f 1.000.000 O�FIDERMEIM EREXCLUDEOVAN DRIPINER(EXECUTIVE EL. DISEASE -EA EMPLOYEE E 1,OD0 DDD E.L. DISEASE- POLICY LIMIT _ E 1 D 0-000 IryaA deamhe under SPECAL PROVISIONS W. OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Job#164666- Logan Park equipment installation Certificate Holder is additional insured as respects General Liability per forms CG20100704 and CG20370704, and Auto Liability per form GECA7010107, but onlyy if required byy written contract with Named Insured prior to an Wording form AD06571203, Blanket Waiver of Subrogation occurrence. Blanket Primary and form CG24041093 apply to General Liability. Subject to all policy terms and conditions. RE. Job#164666- Logan Park equipment installation City of Santa Ana Logan Park 20 Civic Center Plaza Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUINO INSURER WILL ENDEAVOR TO MAIL ,30* DAYS WRITTEN HOME TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR --------- 10 Days for Non -Payment of Premium CA 92701 AUTHORMEDREPRESENTATIVE / _ aAJ ACORD 25 (2001108) `-' """^" ""^E"^^ """ .— Ortco, Inc. 7/14/2008 Policy Number: CA000005173-05 CG 20 37117 04 Effective Date - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or antzatioa a Location And Description Of Completed Operatilons Blanket where reauired1by written contract— _ Information required to complete this Schedule if not shown above will be shown in the Declarations. Section H — Who Is An Insured is amended to include as an additional insured the persdm(s) or organization(a) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 ® ISO Properties, Inc., 2004 Page I of 1 0 Ortco, Inc. 7/14/2008 POLICY NUMBER: CA000005173-05 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 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 Additional Insured Parsons) Or Or n ization a : Locations Of Covered Operodons Blanket where required b written contract Information required to complete this Schedule If not shown aboM will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The ads or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional Insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after. 1. All work, including materials, parts or equip- ment 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 location 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 in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project CG 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 Ortco, Inc. 7/1412008 Policy Number: CA000005173-05 AD 06 57 12 03 Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ANY PERSON OR ORGANIZATION QUALIFYING AS AN INSURED UNDER THE ADDI- TIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS ENDORSEMENT FORM AT- TACHED TO THIS POLICY. It is agreed that Commercial General Liability Coverage Form CG 00 01 Section IV paragraphs 4.b. and 4.c. do not apply with respect to other valid and collectible Commercial General Liabil- ity insurance, whether primary or excess, avail- able to the person or organization shown in the Schedule and: 1) Who is an insured rmder an Additional Insmed- Owners, Lessees or Contractors endorsement at- tached to this policy; and 2) Who requires by specific written contract that this insurance is to be primary and/or non-contributory to other valid and col- lectible insurance available to that person or organization. This endorsement does not change the scope of coverage provided to the person or organization by any Additional Insured endorsement. All other terms and conditions remain un- changed. AD 06 57 12 03 Page 1 of 1 Ortco. Inc. 7/14/2008 POLICY NUMBER: CA000005173-05 CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person of Organization: Blanket where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above be- cause of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance_,%rvlces Offices, Inc., 1992 Page 1 of 1 Ortco, Inc. BA9830185 7/14/2008 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modes insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION It - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any, volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. GEC*701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page Iof4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident', we will also pay up to $500 per "accident' for the actual loss of use to the owner of the covered "auto'. c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto' that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto' because of "loss" to a covered "auto'. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". eec.e 701 (01ro7) includes copyrighted material of Insurance Services Offices, Inc. with ifs permbaioo Page 2 of 4 If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. T. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "autos" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GEC% 701 101/07) Includes copyrighted material of Insurance Services offices, Inc. with its permission Page 3 of 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. CF.G\ 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 4 of 4 ACORD CERTIFICATE OF LIABILITY INSURANCE -- - -- °°"n"`E" sue.-t'IC{eL tn5uranCe. Irn----`--`-' INTI CERTIFICATE IS ISSUED AS A t11I ONLY AND CONFERS NO RIGHTS U IltA7ti h1:tcArlh;p Blvd PF' F;oor I HOLDER. THIS CERTIFICATE DOES NI Lvina GA 92f;t2 I- ALTER THE .COVERAGE AFFORDED 81 INSURERS AFFORDING COVERAGE ..:.mr•1 PJ. I�lasSetl Avr.nue r I^mar ,�A. 9;f186 :_.I,.<:n tAtna a!Ins9fanre CnmpdnY Th¢ NELherldfila InaUEdnl:e Cwnpanp I..11.1 f)nk Rivet a>aurance C.Yrpany 0ArE 1Mw40.'YVYn OF INFORMATION HE CERTIFICATE END, EXTEND OR POLICIES BELOW. NAIC N :.Aa,l tt iSFE pW-.11 ntx. rY S111 - ._._. - I. . - .. tl:° t .i ;Ht.4 F Nqr :3W d ANY :'ri kA T ..a YriNFR IULb MLNT NIT t iE SP1_ i wHlcrN 1115 Al BE I` `4 -N , :N7 'A h, DEDff T. r ra _: i .f>]RIB P'+C REIN 'S>1 in r i LtA[: THE rRpiS +.L "IBY'<r..L /^.PN ' .•., ':: A.. , iA,,.. IIM1n .+.V :'A i •-h f L.i� 11Y Y i Ll 41kA'• ` °v' :,...0 N YPE!t Pu;YEffk43NE >OIKY ExPiRAtgH IYn, ry WSfl:t ,rt'vf ldSV!i/,N E. _. ..CAti 1L 3Ef11,LlL21S. .. .NCa I l0 1}Il AiF111V 1;13;5;.115 rS, :'I IOnA Fr211200V a ri3O It'ii Ji1. 0 "1 NPP, x • _. _._--_._ .___-.. .. n. j rTr:PFEWS YRf HSA r"::N nNL {'N° JvfNS AP t rVER, n b Rl4 n{M Lt E a(r,ns r. .AtvNS VENIC.IS .t410H9 M10[>E6 Hv fNDlM4NfN3 YI'F r611'NOda4h,8 RE Ntbti161666 L'_gar. Park ayuipmerrt Installadnn rcrhecate Ho;dar is ad&TQrIal insured as respects General Liability per firms GG20100704 and CG2037070 :Ind Auto Liability per toms GECA7010107, but onlyy it required byy written contract with Named Insured prior a occurrence. Giankel Primary Wording form AD06571203 and Brankel Waiver or Subrogation loan CG24041093 apply to General Liability Subject to all Itol+cy terms and conditions. ,Y.X 1- 3 I t.'IV �I^..-, I.I. r+✓, ,t!li':r . ay of Santa Ana Logan Par, 20 CmI Genie, Pll,i,? SantaAna -'A >+2'ni ACORD 25 (2001-08) r. 11, 111 (.t1111 1 UU'I,�fPJ 1 L'IJI I,IJ _I'= SvrMlt � 1Nti nE 1NE AFOVE nE9CM�ED °dlICH9 BE CANCEEtEO 8EFngE Ir.E EFMPwiI[rN 9IlF ,NFREQY 1EIE IpUING INHUNEfl Wrl'. aNONrYMdO YAII ,,jy,• nn'•9 WRIitFY N111.F!0,It ce.ne"f.niT Nr1l QEP NAMED If)iMF EEr YNEi.WNYLSUf1+liYOiIACI ,�ESI-NN mrAacN*s nn 10 Day. 10, N." Peymml of P.�rr,�- nr,Fl.nMtfn NFVNf3ENtx`I�f Kent BrIpCS *: ACORO CORPORATION 1488 rt: >uhn Number `t H'.rHNr�,t '3-t.� CC 21)370744 Effecuve Date PHIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Thu em1mwinent modifies insurance provided under the following. ( I \L. (ii.-.NERAL LIABILITY ('OVERAGE PAR'r SCHEDULE Ni me Of Additional insured Personlsl Or OrI----lon(±Lf.ocatlun mnnmsLur. rcn.tm cd 1�; n,tnnlcve this section If - Witt, h An Insured r; amrndaf in in, Jude as <m dd lamial lnsmed The prrwemsl �x trganiLauunls, :h, ncc m bhc Solt 10c' bn+ u1%1V u-111; respell to lrnf•rlit:' o•t 'Ndi1v lwtu ' ,t'tVopem: damage' "au>w in "%hole .,1 m prat, b%'"rne w,ak' .1t the La:dtim dearfmalcd and Jes,:rit�d m the chodulr ;,f 4hu rn.i"xscmrilt pcTfct?n cd rta E'.nt; addhumsl :r se:raf and wJ11ded in !he ';T'* acts- s,nr:Jr:<.,! :+f,rrovun. na-�nni" CG2031070J '" 1M r Yroper•i c" Inc 3Hr1 Phgel,dl 0 h, lOg c _ztIUMBER +1Ilot s1111'', 1'-4-it'; COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 'tr. 'indeksement modifies ins„ ranee provided under the fof oohing .;MMER'IAL L3ENERAL _IAB!UTY COVERAGE PART SCHEDULE Name Of Additional Insured Personts) or Or lanizationis): Locationis) Of Covered Operations 61JoKc.1 'd;,ere !,qulred ti,{'rrI[tcn ,vaL V,ICt I frrprmahrri 1e11Aued to ccmojete this Scheduleif not shown abovemil ce shown :n the Declarations A. Section 11 Who Is An Insureds amended to nNune as An additional insured the personas! or oqa,^eatfor!s1 shown n the Schedule but only rIth respect to IVaollity far "bodily injury 'property damage" or 'personal and advertising injury' _ause4 it, whole or n part by 1- rour arts c;I orcissions of 2. The acta .x omc;sions of those acting on your nehd'r n the performance ^t your ongoing operations for the adartinnal irsuredisi at the local ianisf des-g- �atc4 -a Row CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds.. the follovnng additional erclu- 5tons apply This insurance does not apply to bodily frjury' or 'property damage' occurring agar 1, All work, including materials, parts or egwp- ment furnished in connection with such work. on the project (other than service, maintenance at repairsl to be performed by or on behalf of the additional msureafs) at the iv adwn -,f the covered operations has beer completed. or 2. Trial portmn of "your werK' out of 'which the injury or damage anses has been put to its in, tended use by any person or organization, other than another contractor or subcontractor engaged �n performing operations for a pnnct pat as a part of the same protect 0 190 Properties Inc, 2004 Page 1 of 1 0