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HomeMy WebLinkAboutDIXIE DIESEL AND ELECTRIC INC. -2008City of Santa Ana t Clerk of the Council AGREEMENT TERMINATION pq MAR 23 OM 8: 01 Please complete this form when the attached agreement is no longer in effect Return form to the Clerk of the Council office (M-30). CITY OF SAN"' ' AN � Call 647-6520 if you have any questions. CLER� OF G(1 LNC,i' - ---------------------- i The agreement with bxxx- DTESe-L £ ELEcT�2C3r/VC No. f f ��� ���� (I� core, was completed on and final payment has been made. 1 A•1ab$•7.-17-ol CIA) A• zolp-lob C113) R..d 12-OT07 DELIVERED MAR 2 2 231E Department: jVl rj,. A -lit [1& IAA2:),jT• Phone/Ext.: x -500 Signature: Date: & ,2, / A-2008-277 ~~NSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRE4 CLERK OF COUNCIL -~•TG ~p_t3-C~S3 AGREEMENT for Maintenance and Repair of Emer~ency Power Generators 2. oR~~ ~ ~^~ ~z,- ~ ~ r , THIS AGREEMENT, made and entered into this 6`h day of October, 2008 by and between DIXIE DIESEL & ELECTRIC, INC., a California corporation (hereinafter "Contracto"), 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 generator maintenance and repair. 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 maintenance and repair services for City's emergency power generators, as set forth in Contractor's Proposal, attached hereto as Exhibit A, and incorporated by reference. 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 $40,000.00 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, 2009, unless terminated earlier in accordance with Section 12, below. The City is granted an option to renew this Agreement for an additional one-year term at the current pricing. 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 anemployer-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 insureds) 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 ins"urance 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. If Contractor 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. e. 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. f. If Contractor 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 effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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 Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, 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 Contractor 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 of the events referred to in this Section or by reason of the terms of, or effects, arising from 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 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 Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. 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. 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 Fax 714- 647-6956 With courtesy copies to: Finance and Management Services Agency Building Maintenance City of Santa Ana 20 Civic Center Plaza (M-11) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-5421 And City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Contractor: Dixie Diesel & Electric, Inc. Mr. Terry Smith 11552 E. Washington Blvd #E Whittier, California 90606 Fax 562-695-4800 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. JURISDICTION -VENUE 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 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 its 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 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. CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney n sy: La Sheedy Assistant City Attorney , INC. President Tax ID# ~{~ -,Z o73 07 7 Clerk of the Council EXHIBIT A SCOPE OF SERVICES ~. ' ~~ ~ peoifications for fimergency Generators Preventive Maintenance LOCATION ANNUAL SENII-ANI~FUAL ELECTRICAL TOTAL ANNUM • COMPREHENSIVE PREVENTIVE LOAD TEST PRICE (l.)Ni3jor:• visit (1)Semi Visit (1)~ear $Coa Santa Ana Police Dept Caterpillar Standby Generator #1 $ I n.c l~ in !d ~ 1 , 9 7 7.4 5 x 2 $ 1 .2 5 0.0 0 $'~ 3 , 2 2 7.4 5 Caterpillar Standby Generator #2 $ Inc _i. u d e d $ 7 , n„~ 7.4 S x 2 ~ i , ~ ~ n _ n n $ 3 , ~.2 7 ,~ Caterpillar Diesel Fire Pump $ I n c l u d e d $ 9 31 .9 6 x 2 $ N o n e $ 9~ 1 _4 S Santa Ana Corporate Yard Kohler Standby ~OOKVA Generator $ Included ~ 1 , 14 6.5 2 x 2 $ O n n _ n 0 $ 1 , 7 4 6 . ,~_ MQ Power Diesel 220KVA Generator. _ $ Zn c 1 u d e d $ i , 14 R _ ~a n x 2 $ k; Qp i Qp $1, 7 4 8 _ g~_, Santa Ana City Hall Kohler Standby 60'OKVA Generator 'Santa Ana Fire Statf©ns Station 1 Olympian Diesel Station 2 Genrac 2000 Diesel $ Included $ 1 ,425.00x2 $ 75()„lQ(L $2, 175 CLQ _$ Included $1 , 056 . 10 x 2 $ 600 .,.QO $+ ~ , h~gj . 10 „~ Inc 1 u d e d $ 818 ,,,], 7 x 2 ~p_(L a•n $ ~ ~•~ ,1 ~~ la Station 3 MQ PovVer Diesel $ Included $ 817.3 0 x 2 _$ 6 0 0. 0 0 $ i, a 7 7 3.(,L. Sta#on 4 Onan Diesel $ T n c 1 urt sal $ R ~ .~ _ ti '~ x 2 $~ n n p,0 $ ~ ,`a i 3 E,.,3 Station 5 Caterpillar Diesel $ I ~- i , ~ P d~ $ q ca ~ C16 x 2 $ h n 0_C tl_ ~ 1 5.0.Q . g~., Train Station Included ~ 820.85 $ 600.00 $ 1,420.85. 21 of 22 s`~ ~ +, S=pecifr_ ations for Emergency Generators Preventive Maintenance ~~ Station 6 Oran Diesel $ TrL1dPd $81 8 .68 x2 $ 600.00 $ 1 ,413.63 Included _$818.17 x2 .$600.00 $ 1,418.17 $ Included $ 817.30 x2 _$600.00 $ 1,417.30 ~ Included $11022.09 x2 $ 600.00 _$ 1,622.09 $ Tpr1~~r3F+~ -$¢l$~i ~~ x2 ~ 4~n _ nn _$ i , i hs _~_ Station 7 Genrac Diesel Station 8 MQ Power Diesel Station 9 Genrac Diesel Station 10 Kohler Gas 2901(1.41 Per Year TOTAL COST NOTE: All reference exhibit A proposals are additional parts and labor to this Agreement. All ATS PM services are additional to this Agreemeni All megging of Generator:=units are additional to this Agreement A11 the above mu~ix~be added into your Purchase Oder when issued. t3e.f~rence.:Maintenance Agreement for breakdown of additional service options offered per unit * 2nd Year Renewal Option at same pricing 3rd Year Renewal is subiect to a 20% increase Labor rates offered:; ST $ 95.00 OT $142.50 DT $ 190.00 (2 Years ;)~a ONLY) COMPANY NAME Dixie Diesel & Electric Inc (Return this page with your RFP) 22 of 22 (NOTE: 24/7 365 Days a year on call service. Response "•.,~~ time within (4) hours all repairs performed have a 6-month warranty parts and labor. 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 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 - ~ FROM :DIXIE DIESEL nn ELECTRIC FAX N0. : 56269548e0 0 c t. 01 2008 02 : 32PM P2 ~: I`lVL/~IJ PulicyNumbgr; LliA139526 .-- ~ ' -,--- G~RTI --~,--.~ FILgT~ t~F ~E~t~~: 10/1/zQOe LIAB p~uCRR CA$j~(s~y rp$~RANCBi ~( ~ ~"Y ILITY INSURq NCB DA1E(AR a i 1489 g, T~tousoand Oa7Ga ~yd, 8uiia ~TL WppryTpV} THIS CERTIFICATE 1Q/1/2009 13 188 ~onaaTld 51362 Phone: (9p5) 497-~gp CA ONLY UED A$ A MATTER OF INFi)RMATION AND CONFERS NO RIi3HT5 UPON THE CERTIFICATE HOLDER. TH18 CERTIFICATE DO AL Fax: (805) t97-9970 ES AfOT ANFENp EXTEND OR TER THE CONERAL3E AFFORDED BY THE POI (p1 INeurtED -- -....-. D:xia bioael i 81 -..,- ,- set i ~ , E8 BELOW. INSURERS AFF - .. ORDING Cpy --- ..-. , r a znc. -.-_. - ERAOE k T`nls .-- IIS52 E. E-aahin gton 81vd, Unilr 8 urllllCe tE~cchan$e- --- INBURa;Re;sire xn ~_ .-,-- -.,. -.... auranoo 8xq~~ ..-_ ~ --- 1Phittier U1 90606 INSURER CR80T; Ing~enee ^,~- -. - -~.- .'- COVERApEB !INSURER ~7~ .._.-......-....-.. -...... _-. -, - , ~-.,..~_ . ~..- THE PbLlCIES bF fNSURANCE L ._ ~,._ ..`. _ _ INSURER E: ISTED BJrLOW HAS' BEEN ISSUEfJ 70 THE INBUIZEO NAMEp g9pVE FOR THE POLIQ ANY REQUIREMENT, TERM OR CONb1TION OF ANY QpNTRgCT OR OTMER MAY PERTAIN, THE WSIJRANCE AFFORC1e0 BY bQCUMENT WITH RESPECT PbuGJES ApG12E0AT S . E LIMITS Sryp - G INgR .__.,..-... rp VIrWIGH TH18 CERTIFfCATE MAY gE ISSUt;D qR DESCRIg[b HEREIN f3 SUBJECT Tp ALL THE TeRMS 1NN MAY HAVE SEEN F2E DUCED BY PAID CLAIMS E3(CLUSI I H C .._ _ GENERAL U ~L~Y NUtreeR - , , QNS AND COkDITI k S OF gU H POLJCY EFPECT7VE `LILY pMp -'- - ~ PO -- ~J(/ CONMBRCIAC E ' `. _..~ O.NERALI.IggILITY ~u+Me uAOE [ ! OCCUR 13356 . _ - _ LIAR7S ......-._._. „- ,.. EACHOCCURR~E '~'+3ETts74a•gT~-~°. a 1, 000, D00 -~ 10/1/x008 10/1/2009 E IMS~tF.e.ooeyLq~J-_. t50,Opp -- -. -.. MEDfzJiP(anyane -_. ,,.~_..-. PaMbn) E S, 000 ._... , _ CiI:N'L ACiGR@pATE LIMIT' APPLI B NER ?ER80nlu. R Aov IN.IURY - -. -....._ f 1 r 000 , 000 ~ : - POLIGV PRQ• _..__ CENERALAG(}RE~TE s2,0OO,000 -...._ ...._-... Loc !uITOMOAILE }II1BLLIfy - ---,... PRODUCTS - coMWroa Aao S 2 , 000 , 000 -- ... .. ..-. -- aNY AUrO 8 -, ALL OWNED AUTpg (~e~d~ngWbLEUM1T t1, 000, 000 9CHEDULEDAUT(ss 9x19-52-77 ___. _-, -_ --.. °.- HIRED AUTOS !/22/2048 1/22/2009 (ad~p~eo^jURY s NON-AWNED AlJT06 . -.. , ..- - ...-.,. (PtlDInLcYi9ldNJaURY ~ OARAG! uA9LL17Y iPq QAAAA4E ~~ ~ [ - _.. ANYAUTD AUrOONLV~FAACCIDE~ ~ .. - ~LLA C1AgK,17y ~ C OTHER THAN to ACC g _- ~- AUTP ONLY: -.. -.......-. .. -' OCCUR C~g1.AIMSMAUE ~~390 ,. AQO $ E.4ChiOCCURI4FNCE.,, S~,Oao 000 10/1/2008 10/1/2008 _ .-_. ' ., A~REOATE .- RETEN1YDN $ -" --...- $ ... -... . -_ M~tKERBOQMPEN6ATgNANp EMPLOYlR6' LIAd1 ITY _. .. ,.~--" --- a --~ - . ANYMtOpRIEIOR/PART oFfICERMEM9eRE1fCLU0E~07~4UTIVE $ W ATU- O TQ B.YJJtd175...-_FR yyeBp~ SPEG~P bV191DNSbeIaW . ... ..._-~.,-- E.L eoca CIDENP ~ -~~ OTNER ~~L, O13EA$ .._, E;EA /•MPLbYEE j ~.-...- " _-..... E.L, OISEARF _ 6ro inv. ~..~r _ ,...~.` _/ pE>kRMT10N OF OPERATION®! LOCATIONS ! 1IEHICLEB / EXCLU810~ App RY Ery~ORiEMEN7! •) IhOgld Btly of },}IO - IaRB tail. ~ polleila bra caaceliocl bofora 'the expiration date ~ () data NxittaA not3ioe to },hg gertificate holder aalued o>y {~, ~~eOf' the ~.»au' loft. ~ C~~Y will _ - - CANCELLATION City OI: $dntA )u>R 8NODLp ANV 4P TM{ AB:pYt: pEgCRR!!p POLiCIP9 0[ 24 CSviC C~ntYr $lasp GATE THER[OF, OAIrCf1.Lt:p alFORE 7N! EIIPIRAYIpry 1T! 199Y1N6 MdURER Wq.L END~AYOR TCl NWL~Q eta JVua. CA 92702 NOTIOB TO 7Hk BrRrvIRAT'E rgLGCR NAM[!D rp THL~ L~pf, our FAILURE oaYS WRITTEN flNPOti! k0 O6UOATNTN OR 74 OO QO BRALL +~+aefurY nF ANY ILWp uPaN 7wF NauruR, Ira AOPNTS oIr RE~'R@SlNTATRI!!A AUTN017gED RlpREtl@NTATTVE CORD 25 (Z007lOB) ~ I`~ uNno Famx 1E~oss p~~ ~,~ ,~, ~aATwBOSS.OOm; Imrroealve ~ ACORD CORPO TION 1988 PuhNrihin9 BDO-20d / flryy ~ - 't~ROM :DIXIE DIESEL nn ELECTRIC FAX N0. :5626954800 Oct. 01 2008 02:32PM P3 w,,.»., -... ,, LANt~INARK AIYl6RICAN INSURANCE CGMPAUIIY Thla ~ndorseme»t Changes The PaJlcy. Please Reed !t Carefully, ADDI"~7ONAL INURED BLANlC~7 - PRlAAARY AN~[J YOUR WORK This endorsement modifies insurance provided under the foNowlnp: CDMftAERGYrt1L f3tENfe'Fti4t. I,.IABIt.f~"Y CGVERA(~ PQ13AN of Person or OrBattksttan: ~Y persnn or orgariizadYcn fa wham or ip which you errs abY~lad by vktt,e a written cnnhract or by the tseuenoe 4r Bxtetisrtoe of a Written perrttit, to avlda il9auranne such as is atrarded by this poUny- A 9~#:"1'i0N II - VIfHG It3 AN iNSt1RBD Is amended ~ inaiude as an a~Wanal insured the i~ereon(s) .or a~enizaifon(s) stwvvn in tho SCHEDIJL~, bt,# nnly with rasped da Ifabiilty fa' "bodaY ~inryr', dam" ar "personal and advertleing rn)ur7t caused, In whole or In part. by: Y 1. Ycwr ecbg ar omissions; or 2, The acts or arrttsslons of those e~ctin;g on your behalf; e~gnated above i~nolutled in ~?~9 operetlara$; and/or "your world' deNned #or the addltCa>al insu-ed(s) P-~rnpfAted aperatlnns ha~ai+d". B. tf you are requfnd by a writbsn cpRlTaCt to provide primary inaurarrce, this ~~Y sheA be pr SECTION IY.. COfYlftAt:RCIAL DENaE"Ri4! LIABILITY Ct7NDl1'IAN8, III. plher Insurl~trce dose note arrd only w-th respect b oovera8a Rmvided by this poly. apply, but City of Santa Arta, it's officers, agents, employees And volunteers as additions) insured(s). TMs endorsement ettecttva 1Q/p1/~p(Ig fairt-~s part Of policy Numb I..HA193526 issued tq DiX~ DIESEL AND EL~CTRiC, rNC. by landmark Amedcsn Insurance Company R5Q 717 9207 Ie$ ~_~emgnt Na.; (T185) G°py~h~i rnaterlal of Insuranna Services Offire, inc. 1984 N-Iftt its p8rmiesion E~ FROM :DIXIE DIESEL nn ELECTRIC FAX NO. :5626954800 Oct. O1 217178 02:32PM P4 . ' ~ CERTHQLDER CQPY ~~~~~ P.O. BOX 120807, SAIV FF~gMClS~Cb,CA 84~ 1420807 , Gi~MhCNSIpTIQ1N INt?RUI9ANCf1R i ' C~p71FICA'~ flL~ WORKE~tB' C~MP'BNBATION l~I~Ut~bNC~ ' ISSUE GATE: 07-08^g0~78 ! I GROUP: , ~ ~ POLICY fVUAA»~f~ i77714S-ZODd CER7lFIG'iATly ~ gyp; sa f CERtIpICATE EXPIRES: t#S-gi-sGpR 02-~y-200*/p~^Z1-2000 i ~ I , CITY QF SANTA ANIA. ! SSG 90 CIVIe CEPRSR PLY ~ ' SANTA ANA CA 9270-088 ~ . I' ~ I i i~ Thit ig t0 certify that wo hays Ip~ued a villlt! VYorkor~' GtimPmttsatian Insurance policy In a ferrr~ eysproved ~y the CaNfornla Ingw~pnGp Cdrrtmlpgiarlar.tta '.thejornploYcr nsmod, below fnr the policy perlotl Indlt:atttd: Thl$ policy It hot aub)ect -to canpellation~ by the Fund ~ox4tlpt up~A'S~' dpy~ edvanc® wr(tt9n not(cg td the dmp(Qy~r. We will alsp 91ve you 3d days advance rlloties Should thls olic P Y ba canoslled prior tp itg normal expfratlgR, This certifi}cato of ingufanaa la not arc in ~urihbe ~Y the ~q pollcY and does not end, extend or •iter tft~, avvar,0a ~ffordpd~ Ppect tloatwhic~h r~is~ csrttlflc~at Ainfi any requirement, term 'ar oondhion t?f +e-V;OOntracC 0r other document with re:s nauranna mrAy be 1~laued pr to which It ma ertaln, afforded by tna pal}py described herein i subjaCt to ail Y P the Irtsyr~gil ~e terrnw, axaltialona, aynd t:pnditfoi~s, of sueh pgllcv~ THOftIZEp REPRE$~jTATI pAESIDENT EMPLOYER'S LsABILxTY LIMI'1f YINC AINf# DEPLNSp C.DST~i: *1,000,;0t)0 1PER o~1RRENCf3, ~ ENDORSEMENT ~01t5 E111i'ITLEp A[iD .! AL IN$IJI~LO EMP~.QNpR,EFFECTxt{Ri7tp4r~-{'!7''-~$ i5 ' AtTACHED TO ANp FORMS A PAFC7".0 TF1~5 P's1aLxCY: NAMLr OF pDDYTIONAL ~NSUR~D: CITY D~ SANTA ANp, , E1+fOORSEMEN'T iriQbp ~ iJAtdE$ 'SKgF ilP, ~ T .^ EXCLLIOEO. ENDORSEMENT rV26BS'EI!r•TITLEq ~R E',ICATE F>SILDER$' NOTICE Et+t+EC'1'tVE ,0Z_si-sOp6 IS ATTACHED TO AND FC~ltlr$ A PAiRt ; pp 'THYS POLYCY: ' ~ i EMAL01'ER b;<lLIE b3l~SEL !tt E"LEG~i'R~C, YNC 'WF'12STTlER~A 8 60LVH~ STE E I i V.9~061 i b0I~0 ~~d ~ i I Sc l~~I~HO 5G i, 1 ' ~~ ~ '. ~ ~. G I [B10.SLj ~, PRINTIib t)7-06~20~8 ' ~'e1,6s~~'~.6b-5bB ~i:si e0ea~serte ^ ;ROM :DIXIE DIESEL nn ELECTRIC FAX N0. :5626954800 Aug. 14 2008 02:31JPM P3 . ~ P'1)licy NumGar: rxay 92197 DdfB t*ntered:. 7/g/20a8 ~Diat C~R~'IFICA`~~ ~~F LIABILITY IN~U~AW~~ ' ~~,Ml~ol,•YYY, ARdDUCiR Cl~tt~Y IZiB[JR~IDJCR AMY tja aaoe ~ TNI9 ~ERTIFICA'f~ I$ I&$U~ AS A MATTER 0~ IIJFORMATION ~ae`a $. Thousand OAka Blvd. ONLY ANIy Ct) ER1R ' NQ RIGH7$ UPON TWE CERTI~ICATe Suite A HULOER_ 77•It$ CERTIFICATE D4EI4 NpT AMENb, e:XT[NA t7R' Thautgand Datk~l, CJ1 91362 ALTER THE CIbV RAG AFFbRbLp 9Y THE POLICIES BfsLOW hhons:(908)GD7~12gC' . Fax: IaO~) 49T~8A7R INSIJI~ER$ AIgFORbING COVSRAtpE NAIC # ' WAUAef] Piatid bia1i131 i ili].~oEria, Tna. MJ9URFRA jandmark. _ ll,~a$ m. 07alshibgton~ g2'Y•G~ INSUR6RBFir6 'uL"8T1a~ .~ ~ ~~~ ~ ~' INBURERCASUS ItY~71L"inCi ~~-~• vPhittier, C,P, 9ag4e INBURERD: - ,. .~ c~vrRac~t=.~ _ INSUR k e: THE P ANY R MAY P ty~tClf?9Of INSURANCE LI4iTE0 B~L EpUIR@MENT, TERM OR GONRIT]QN ER OWHA pp,gt,( E 86~N If3t3UE17 Y'U THE INSURED WAMLD AB CbN7RACT opp tl7HER OOGUMENT Wry'M R OVE FORiTHE PO IsAeCT TO WHIC DGY f+'~RIdOIf`IOICATEO, NOTWITHBTANDINGi H THI8 Cf:RTfFlCAT'~ MAY BE I TAIN, THR INSSURANCE AFFOROE p fgY TH POLJCI~3 DESGRIBCR I'fPpHIN IS SU$JECT Tfl T SSUED oR K'OI.Ib 1E5. Af3C~REC,ATE LIMITS SHAWN M .~ AY HA SNEN REDUCED ITV PAID CLAIMy`. ALL kp TERM S, E}(CUUSIONS AND OC~NOITION3 ply 9U(:H I n. I _ .,_ ., ~ ~ - MO Y NtRItaNR rt " wRA ~•^-~-..~,~..~.-..,._,. .. -- AEMEAAL LIAfpUTY ~ Ate lINIT3 CCM ~ snoN ROQtJRf~luc~ s 1. U0a I QQO MERCIAI.05ro6FtA6 LIA81~IlY ClhiM ~ 1SE e E b4, C0a $MADe; oGGUR IiA1~~1137 ia13f2pd7 i0/i/20Q8 MCCCxP An ons roan} gb,000 .-- _ NaLaVADYIN.IURV gY,~100,000 ~~'"'~- Of:N'LA4(1AepATELIMITNpFLIE3PEA: ~ QGN6RALAdGREGAT6 2 ~ n{J~ ~ QQQT P LI Y r ~,(~(,+ DLICT$-QOMf'lQPAG ~~,aaa,Q~~ AUTpdRlgrl.a LLSBiLITY , ANY AU7fl ~ ALL OYUNGD AUf05 i ! G efd~~D SINGLE irMA1T S ~, i aaO, {~O~ ,E _ __ .. .....---.~:- SCNQDULfb AUTOS. ' HINCpAUTp6 i ~~ ~ ~ J 091 -527 BObILY INJURY S ' (Fbr prMnn) 9 7 3/22/2008 11221zoo9 ~'"~ NON•OWNeDAUTpg 80pR.Y1NJURY = ' ,~~_. i ~ i (F 1YlopitlonIJ - n I i ~ PROpERTYDAn4AG6 ~ (9ARA66 uABiLITY ~ :~ -~' AMY AUTO ~ ~ ~ ~` AUTO ONLY - EA ACCICISN7 ({ . i I ~ . ~ ~ OYrlfin ~rr~~ga,ry CO g AUTO BNLY: I ' C expS401UnIaAU~LALIAO1LIrY '~ , . ~ ACiG .' occuR ^ cwMS uuf~ tty-z7 ~89 IAQ acalmRsNcfx _ , oo, o00 . a SQ/1/2RR7 ].t)/!/ p08 n t ~ actr ecaATE ~ . ,._`... Df:fSllC,T1g1,0 I ! 3 .~..,. RETENTION i I '~. '. .. ~ ~ ~ ~ ...,~- -. WORKERS CO11AfiN9AT10N ANb~ f ~ ~ 8 ' EMPLOYERS' WIOl1TY ~ I I - , ANY PROPki 7~0R~pp RTN6HfSKfiQUT{Vfi ~ 01'EIR~'RIM9MGgR a~DED1 ~ ~ I ~ ~~ E.L. EACtinGCIDENT' s' ' If Yea, tladcrg~e urlgy}~ ~ 6 eCIALPRY gpblCyy ~ ~ - ~ ~~ E.L'pIGEAS -EA EMpLdYj=E 8• ...~ ' OTNRR , i I E.L gl&I:P;BE - POLIQY LIMIT A 0~3 1~~d QNS c~ i Yeryla E~. ~Y30'Il1C 1lII~~C~7~AQ~L~Ql~.d pF a74 r~1 wiil i ~ ~ ~ ~ ~ ~ i ~ i ~ RNpp~~lLiN1'1 PLOI~I,PRDW9xTMB I ~ [e qTe 'tli~ exp~xa'CYdn dat+R ther of he mail 3 da a wr { ) Y ~'kC®n not3.a~ t e r t ietltid.tt C ~~ On~anY $kw a+tir'kifit~te holder ' b ~ .mimed on t e lm~Et. City of Santa Ann, itB' :offiamxf~, a ente, ~p~ayiaaesl and voluntee~~8 sg 1tion~ i I ~ nBUre@. ~ ' CirR IFICATE H ER i CANCEI.I.ATIgN Oi,ty of 981ti},A ;Anls BHOULb ANY OF TMB ABOYBIDHBCNIR® POl.1C168 RR CANf*.LLSO CCR4Nw 7~R exlyRAYION 20 Civic Cmntgs ~laea DATE TH6kAOF, THE 1&SIRNKi fN9URER WLL 6NDEAW7R T'ty MAILaQ bAYA WRITTeN ~ . Banta Aria, CI! ~92~'02 ~ iNOTICQ 1Y9 THE CERTF7Cp'r6 HOLDER WUSEb TO THE LERY, 9ICT f'NLURO YQ OO 1f7 i1W.L ~ ~ ~ I iIMPtSSS NO 08UGATIOH bR. LWRRJTY OF:ANY K1N0 UPON' iHG INSUpC Ir Ik S AOEN7'S OA '~ ', I IR~RFzENTATIVRS ~ ~ 4UTIIOR¢dp ATN ~ ~ 'I i A'vORb 28 {P001 /OS) ~nxarc:ao uIIYW Carme dQOa plea IDfriVW'a +hvw,N'am~pw~,9gm; IRlpl ~' ~ ACb~ CO PORATILIN 149$ : IIVII rylnllaran0 f10f1.704~071 ~ , b0~~0 3Jbd . I , ONd~1f1SNI 1~882i3hiS '0L6E-L6ti-508 SY:~~ 800~/86/L0 FROM :DIXIE DIESEL nn ELECTRIC FAX N0. :5626954800 Aug. 14 2008 02:30PM P5 ~!' - ~14`/MN TRANCE GOM~'A~ Tors Endors~rneryt +cn~rr~e~ 7rie ~'aVlcy. Pl~ars~- Rid ~t C~tnal~uliy. r ~~d~~~~ ~~~~~~ . ~ ~~ M~P~M~IRY ,~ , This endaw~ementttiod~ies insurar~ prc~vltlecJ un4er ttltt farvinp: COM'M~RCUl4 ORAL :l.U~ttLA'Y COVFIRAQE ,F~TtM I ~~~~~~~~ Name at 1'er~arn or ~Dayancap-tior~: Arty psrsan ar or~ni~stbn ~ whom or to whlah you ere obligated by virtue or, a wr~Een ~ br by the lsaum~ce ar exist of e ~ ~erm~t, to prt~vide tna~ur+~aa aura as, is afTtrrdod by mis pagoy. ~~ (It r1q entry ~Aa~ +above, in~i- - required tD cOrrq~let+~ Ihis endorsement wig 6e shaxm in ~A Die as applktable to thls Gr~darserr-+snnt EEG`'1'iGN N - VYH~ IS AN ~1~1SU ~ is ame~ld~d to indut~e as an k~ared'tbw the SCHEDULE tiut'tsnnty with ~8~~' ka ItsA~lfy ~inirid out or "your w~pr~ that ~~ ~~ fl`! in by a t+a!r ynu. tf ydu are requfnad by a wrrl~an ao 'tract to pravicb prirftnry tnMtxsuu~e, this pdrCy snap bg . - ~ es rest #n your ne~ige~ce and 9@CTION Nf ~, Go~IIM~RCUI. ~ ~ ~E~ Cq~NS~r ersuranre ddas rat apply, but ohty with re tp coverage ceded ety tht~ P~~Y- ' , "! ~~ ~ f Cit~r Qf ~;ari~g A.ns ids ' offiC~rs, agents, e~playee~s A.nd vol~.uittvers as additaor~al in~ured(s). f Tii~ endorsement et!'ectlve o/ torrr~s part of Paid er ; issued to n-xllw ~7i s1~1 A by Landmark Ament~an tnaurer RSG 160()7 0308 Ilrt,o~ i ~ ' r rc~~, Rri+C: #npanY t'=r~a~~m~r-t wog ai rwad rr~nerlal ~ lnsyu Services O b0fti~ ~Jb'd J~DN1'i~fISNI h3~3HD t'fl~, irw. 1984 10L6E-L6ti-908 FROM :DIXIE DIESEL nn ELECTRIC FAX N0. :56269548171] Aug. 14 217178 82 : 3aPM P4 i , ~RRTWOLDER C0~'Y ,~ CaDMplB[v>S,~-'elt'?N' P•O. BOX ~~0~3i77, 5AN FRAN~ISCO,CA J4142~0807 IN'~UfiAF1CE f C~NTIFIC;AY~ O,~ W4FtKBakS' CGIMIs@N$ATI~N IN$URAI~CE Issut* oars: o7-ae-2opa f GRC~tJP: ~ ' PQLICY WUMB~R: 1?77f~{6^ZOgE ' i' C~FfTIFICATE" Ip; 9af GE~1"IFICATE &XPIR6S:OZ-gf-9t'!pE ' a2-x~-soot/oa.s1-~aoo ' i~ I CITY OF SANTA ANA ~ ' 20 c1tYlc Esc CENT is~ v ~.x SANTA ANA CA 927t)~~4pt38 ~ I ~~ I ' ' j ' I' ' ! ~ ~ Thfs Is to certify that wo ,have lsgued a baltd Workdr~' Con+pensation InSUranab California Insurance Cgmmissioner,to ~theiprrrpioyar named.66i0w tar the allc policy in;a ibrm approved by the p Y perlbd InQicatad: Thfs policy is not subject ~Yo canCetiaSionl by the Fund'gk4ept upt~rt'y~}' dey~ ridvgnaa Vvrittari ftotiC6 tp the 0mployer. ' .~ We will also givo Y~ 3~ days edvAnca tiotic~ should this poltcY I'd canp$lied prior tq Its normal expiratlpn, This c6rtifiCa{® of ;nsvanae is not ah in~urOnCe pelioy and dnea net ,~phq wxtpnd .or r;tsr thr; aoveroy~ +~fford~pd by the policy listed hareln.~ NatWithstaedl~q ynY reC~uirerrJent, term :or aarxllt(an bf a with rcaperot td vtrhich thl& certificate of tlal/l'ahaa may bo liourd pr tp whioh ft m~'COntract or other dacume/1C ~ afforded by th@ paliey described herein i siubjrGt to ail Y F'+eJ`f+l^. the Insurancr' ' the trrmit, axclaminnm. ark a~nditiaha, of auoh policy. ' i HORI2Ep REPRB$~JVTATI ' ~ ~ ('FiESIpf;NT MPI.OYER S lrSABILYTY ~i MIl` r [11QING DEF~N$~ C0571S; t1,DCQ..t?Qt3 I~CR OCCJ:IRRtNCe. ENOORSeM1sNT NRfgfiS ' 6NTiYLEp Abd ~!~Nq~, INBIJREO EMP~,pIYJt:R ,EFFE(itx'1(E i ZOOS-07-o8 IS ATTACHED TO MID FORD A PI~tiT 0 THi~S POLICY, NAME OF AoDiTI0NA1. ~N5tJ1R~D: ' CITY OF SANTA ANA. 4t~ORSEMEN7 #18Op ~- 41AMES ~SKAF p, T - ,~ ~xCi.uDED. ENOORSBMENT #~gIE ITLEd ~ FY~ATE HD6OER$' NOTICE EFFECTIVE 0~-4f-gq¢A I~ f ATTACHED TO AND PdRI~$ A PART;Op'TNY9 POLYCY. I I ; ~ '~ .~ ~ I i ~ : ~ I'. ~ i ~~~ EMPLQwER ~ ~ i ~: i ~. DIxlfi blESEI a Bl. EdTRIC, YNC t 16ts~ 1fASHINGTtaN BLVD' Srl~ !' ~ ~ 'MWITTIER CA f1000a ' i I ' : ' V.~-oel PRiNTFip P7-pit-$i7~Q b01z0 39tid I V7~1f1SNI 113~Ji~3Fi0 ! ~ ~016E-L6t~W508 6T ~ST 800Z/80/L0 ~ '