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HomeMy WebLinkAboutTMC SHOOTING RANGE SPECIALIST, INC. 1 - 2013Germs` LN4-Aty ASURANCE NOT ON FILE WORK MAY NET PROCEED CLERK OF COUNCIL DATE. a ni, 5 „ AMA N-201404.3 0.SAPDCO Sara Master Cmdr- 'etr�6e8TIIIS AGREEMENT, made and entered into this 2nd day of December, 2013,.by and between TMC Shooting Range Specialists, 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 proving general maintenance for shooting ranges, removing least from shooting ranges, and cleaning shooting ranges. 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 Colder 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 terns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shah provide the general maintenance, lead cleaning, and lead removal services for the Santa Ana Police Department shooting range, 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 set forth in Exhibit A. The total sum to be expended under this Agreement shall not exceed $5000.00 per year for a period of three (3) years for a total of $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. The term of this Agreement is for three (3) years. This Agreement shall commence on the date first written above and shall end on December 1, 2016, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire temp of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended not 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. S. 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. Consultant shall maintain commercial general liability insurance which 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 and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. 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 loss than $1,000,000 per accident. c. Pollution Liability Insurance with limits not less than $1,000,000 per occurrence. d. The following requirements apply to the insurance to be provided by Contractor (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. e. 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, 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 contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section t 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 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. 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 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.Q. Box 1988 Santa Ana, CA 92702-1988 Facsimile (714) 647-6956 With courtesy copies to: Chief of Police and City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Sox 1988 Santa Ana, California 92702 Facsimile (714) 245-8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 To Contractor: TMC Shooting Range Specialists, Inc. Santa Clarita, California 91350 Facsimile (661) 257-0179 Attn: James C. Torres A party may change its address by giving notice in writing to the other party. 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 telef resimile, 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 teens 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 not 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 is 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 consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination and without cause. 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 condition that 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 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 LAWS Contractor shalt cause all of its activities under this Agreement to be performed in compliance with all applicable federal, state, and local taws, ordinances, and regulations, and permits including but not limited to all environmental taws such as AQMD and CWA rules and regulations. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the 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 A'T'TEST: MARIA D. HI AZAR Clerk of the Council APPROVED AS TO FORM. SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant ity Attorney RECOMMENDFI) FOR APPROVAL: CARLOS ROJAS Acting Chief of Police CITY OF SANTA ANA. - DAAVACAVZ City Manager TMC SHOOTING RANGE `Pax. IP3# 4 3 C % ' 1 AGREEMENUPROPOSAL This Agreement/Proposal is made and entered into this 14 day of February 14, 2014 by and, TMC Shooting Range Specialists Inc, 27431 Santa Clarita rd, Santa Clarita, Ca 91350 ("TMC"), and the City Of Santa Ana Police Department, collectively the "Parties," for the remediation of spent ammunition from two rubber media backstop up to 120' linear feet at the City of Santa Ana Police Department indoor Shooting ranges. The Parties agree as follows: Shooting range(s) 2 will need to be shut down for a minimum of (2) Two days for the completion of the below described work, at no time will any employee, agent, officer, or city official will be permitted to enter work site or be present unless cleared, by a designated official employed by TMC Shooting Range Specialists prior to visit. 2. All TMC employees and personnel who will perform be any portion of work have been and are "Lead Awareness" trained and equipped with all necessary personal protective equipment (i.e. P-100 F1EPA filtered respirators half face/full face, "Tyvek" coveralls or similar, back support braces, gloves eye protection etc.) 3. The City will provide access for all equipment a designated area for repairs an 110v power source, water access and an area to store all barrels/containers with lead removed from backstop until completion of job. 4. TMC will remediate spent ammunition (lead projectiles) from indoor shooting ranges and will vacuum the floors clean shooter stalls counter tops and target system the tops of sound baffles and the vent covers behind the eoutainment areas on both shooting ranges at the Santa Ana police Department indoor ranges. All TMG personnel and all work will be in compliance and in accordance with EPA, CDPH, OSHA, Title 8 1532.1/Title 8 5198 regulations; lead will be remediated from bullet containment area using TMC's Transportable Treatment Units (TTU) equipment approved by the California Department of Toxic Substance Control (DTSC) This equipment separated the lead bullets from rubber media. The clean tubber media will be placed back on contaimnent area leveled to range specification and if applicable we will fill the hopper baffles. TMC will clean all hard surfaces, upon completion of wodcdav, as needed using proper equipment (i.e. - NEPA Vacuum, mops, water and cleansing agents.) 6. Upon completion of all work, TMC will decontaminate tools and equipment used on the job site to prevent any possible "cross contamination." All cleaning materials used on this work site will be placed in proper containers supplied by TMC and removed from your location and properly disposed of by TMC. TMC will repair and maintain target system throughout the contract(s) including 4 visits and emergency call within 48hrs all repair will be done per meggitt system manual. Using parts on hand. 9. Contacts for this project TMC Jose Tones (66I) 510-3360 cell (661) 257-0181 Office (661) 257-0179 Fax e-mail tmeran�es(i�yahoo con 27431 Santa Clarita rd, Santa Clarita, Ca 91350 10. The cost to complete the above described work is ($15,000.00) Fifteen Thousand dollars and no/ 100 for the three year contract . All lead and Brass recovered will be retained by TMC. Additional conditions; All work is guaranteed to be as specified. All work is to be completed in a workman like manner according to standard practices and in accordance with all applicable federal, state and local laws, regulations and ordinances, Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders by a Santa Ana Police Department authorized agent and will become an extra charge over and above the above scope of work subject to budgeted and appropriated funds. Any substantial defect in workmanship will be remedied without cost to Santa Ana Police Department. TMC will not be held liable for pre-existing conditions at the Santa Ana Police Department facility, including but not limited to existing contamination on surrounding areas, migration of contaminated dust from windy conditions during normal use, bounce backs, flood, wind, negligent use of bullet containment area, or lack of routine maintenance. TMG shall be responsible for such material, workmanship and equipment only as are under TMC's direct control. C:AUsers\OWNERVDesktop\SANTA ANA POLICE pEPAR"rYIEN"r2014.docx 15. TMC is not responsible for any additional permits or fees that have already been submitted. 16. This Agreement Shall be effective on the date written below. IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally bound thereby. By: Jose C. Torres, Owner/President TMC Shooting Range Specialists Inc. Date: In Santa Ana Police Department Designated Officials Signature Date, C:\Usm\OWNBR\DesktoTtSANTA ANA POLICE DEPARTMENT 20 f4.docx 3 From'. Cynthia Brown FaXID: Page 2 of 2 Dale:4/3/2014 12'.09 PM Page:2 of 2 TORRE-2 OP ID: CB 4c_�o�zo° CERTIFICATE OF LIABILITY INSURANCE DATE 103/2 Y4 0410312014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. 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), PRODUCERN Insurance Incorporated 6809 Indiana Ave#202 NAME PHONE FA% JAIC. No Ext AIC, No EMAIL ADDRESS: Riverside, CA 92506 Timothy E Dean INSURER(S) AFFORDING COVERAGE NAIC A INSURERA', State Comp Insurance Fund 35076 EACH OCCURRENCE $ INSURED Torres Maintenance DBA: TMC Shooting Range Specialist 27431 Santa Clarita Rd INSURER B'. INSURER C'. INSURER D: INSURERE: Santa Clarita, CA 91350 INSURERF' $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT 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. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana POLICY NUMBER FOLIC YYYY Y EFF EXP POLICYYYYY LIMITS AUTHORIZED REPRESENTATIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 11 OCCUR APPROVED ASR V.II'�1J t19 1 EACH OCCURRENCE $ 7TA9TGE TO RENTED PREMISES(Ea occurrence $ MED POP(Any one person) $ PERSONAL & ADV INJURY I GENERAL AGGREGATE $ GEN'L AGGREGATE LINIIT APPLIES PER. 1 POLICY P" TF -1 LOC PRODUCTS-COMPIOPAGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS '�"`"' "T;""'- ��Y,�`aura♦. CO isED SINGLE LIMIT Ea eccldenr $ BODILY INJURY (Per parson) 16 ryr�^ A. Rossini q 4 a Assistatnt City tto'rney BODILY INJURY (For ecciden) �$ PROPERTY DAMAGE $ PER ACCIDENT $ UMBRELLA LIAROCCUR EXCESS LIAR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYTORY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUCE07 (Mandatory in NH) If,e, describe undo, DESCRIPTION OF OPERATIONS LdINY NIA 907014513 08/24/2013 08/24/2014 X WCSTATU- OTH- IN TO ER E . EACH ACCIDENT $ 1,000,000 E.L. DISEASE-EAENIPLOYEE $ 1,000,000 E . DISEASE, POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Rinruk. Schedule, if more space is required) *Ten-day notice of cancellation provided in the event of cancellation due to nonpayment of premium. CERTIFICATE HOLDER CANCELLATION STNAPOL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Garrison Fradella P.O. Box 1981, M97 Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD RECEIVE: NO.1622 04/03/2014/THU 10:57AM TORRE-2 OP ID: CB �► o�zca„ CERTIFICATE OF LIABILITY INSURANCE 0ATE (MM04125'12ol 4 oarzsa THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must he endorsed. 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). PRODUCER Insurance Incorporated of Southern California 'I 6809 Indiana Ave 92020/ /tel 6 �,_ 0 ✓� Riverside, CA 92506 V l�Y/ y./ CONTACT NAMIS PHONE AIC No Ext), A1C No: EMAIL ADDRESS, GENERAL LIABILITY James Henderson INSURERS) AFFORDING COVERAGE NAIC Y INSURERA:State Comp Insurance Fund 35076 INSURED Torres Maintenance DBA: TMC Shooting Range Specialist INSURERS: Everest Indemnity Insuran Ce CO INSURER C COMMERCIAL GENERAL ugewry CLAIMS -MADE OOCCUR 27431 Santa Clarita Rd INSURER D: INSURER E Santa Clarita, CA 91350 INSURER F DAMAGE To RENT PREMISES Ee occurrence $ 100,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. CTR TYPE OF INSURANCE Attn: Purchasing Dept. POLICY NUMBER MMODIYYYY MM ODIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B COMMERCIAL GENERAL ugewry CLAIMS -MADE OOCCUR X EF4ML05247141 04/04/2014 04104/2015 DAMAGE To RENT PREMISES Ee occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADS INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO $ 2,000,000 POLICY F7 PE20 LOC $ AUTOMOBILE LIABILITY ANY AUTO [�,®�i� A.9 {1) I COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS �y4 j.,neS✓�.�� IAAAYt"�`l-M_^�lY"- I_` L BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS Laura A. S dssini PROPERTY DAMAGE PER ACCIDENT $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMSMADEAGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION ANDEMPLOYERS' LIAEILITY ANY PROPRIETC RIPARTN ER/EXECUTIVE YIN OFFIOERIMEMBER EXCLUDED? (Mandatory In NH) NIA 907014513 08/24/2013 08/24/2014 X WCSTATU- 777 IQEY LINIIITS ER E!_. EACH ACCT DENT $ 1,000,000 EL DISEASEEAEMPLOYEE $ 1,000,000 Ityes describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ 1,000,000 B Pollution EF4ML05247141 04/04/2014 04/04/2015 Ea. Occur 1,000,000 Ded. 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 151, Additional Remarks Schedule, If more space is required) *Ten-day notice of cancellation provided in the event of cancellation due to nonpayment of premium. Additional Insured: City of Santa Ana, its officers, agents and employees are named as Additional Insured as respects to General Liability per attached policy endorsement, CG 2010, coverage is primary/non-contributory. CERTIFICATE HOLDER CANCELLATION CTYSNAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Santa Ana Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Purchasing Dept. 20 Civic Center Plaza Santa Ana, CA 92701 4010 AUTHORIZED REPRESENTATIVE ,�I ACORD 25 (2010/05) © 1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: EF4ML05247141 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 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations All persons or organizaitons as required by a written Locations as required by a written contract contract or agreement with the named insured or agreement with the named insured Information required to complete this Schedule, if not shown above 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 acts 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. 4 L 1??R >"V'hS� AS TT VO r®RM DIL Laura A. Rossini Assistant City Attorney 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 en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ ^1 TORRE-2 OP ID: CB ATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE F 506128/207 5 05/28/2 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. 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 endorsementtsl. PRODUCER Incorporated na Ave #202 CA 92506 Doan NAMEA"I James Henderson 'HONE .r,951.300-9333 ain u�r 951-300.9332 INSURERA:State Comp Insurance Fund 35076 INSURED TMC Shooting Range Specialist, INSURERS: Everest Indemnity Insurance Co Inc. IN$URERC:PrOgressive Insurance Companie 27431 Santa Clarita Rd Santa Clarita, CA 91350 INSURERS: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWrrHSTAN DING 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, LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSRADULISUB11 LTR TYPE OF INSURANCE INSR MD POLICY NUMBER POLICY EFF MMIDDIVVYV POLICY EXP MMIDDIYYVV LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 B X COMMERCIAL GENERAL LIABILITY X X EF4ML05247151 04/04/2015 04/04/2016 DRESSES Ea occurrence $ 100,00 CLAIMS -MADE 1XI OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMDOP AGO $ 2,000,000 X POLICY PRO- JECT E-1LOC $ AUTOMOBILE LIABILITY CO MBI NED SINGLE L IMIT 1,000,000 Ea Sect d en[ $ i BODILY INJURY (Per person) $ C X ANY AUTO 01704102.2 07/02/2014 07/02/2015 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NONOWNEDPROPERTY HIRED AUTOS AUTOS DAMAGE $ PER ACCIDENT Com /Coll ded. $ 50 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA X 909391915 03/26/2015 03/26/2016 X TWO STATU- OT H- TORY LIMITS E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEEI $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I EL. DISEASE - POLICY LIMIT $ 1,000,000 B Pollution EF4ML05247151 04/04/2015 04104/2016 Ea. Occur 1,000,000 Ded. 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) *Ten-day notice of cancellation provided in the event of cancellation due to nonpayment of premium - no exclusions. Additional Insured: City of Santa Ana, its officers, agents and employees are named as Additional Insured as respects to General Liability per attached policy endorsement, CG 2010, coverage is primary/non-contributory CERTIFICATE HOLDER CANCELLATION STNAPOL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Santa Ana Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 1961, M97 Santa Ana, CA 92702 AUT"RIHORIZ, ,EEDR,E_P,RESENTATIVE �.� ACORD 25 (2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: EF4ML05247-151 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 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations Blanket where required by written contract. Information required to complete this Schedule, if not shown above, 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 acts 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 en- gaged in performing operations for a principal as a part of the same project 0 CG 2010 07 04 U ISO Properties, Inc., 2004 Page 1 of 1 11 ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS HOME OFFICE SAN FRANCISCO EFFECTIVE MARCH 26, 2015 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING MARCH 26, 2016 AT 12.01 A.M. AT IZ01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME TMC SHOOTING RANGE SPECIALISTS 27431 SANTA CLARITA RD SANTA CLARITA, CA 91350 9093919-15 RENEWAL SP 9-55-66-41 PAGE 1 OF WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIADLE 17OR AN INJUEOZ COVERED Dir THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE: IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ,�, AUTHORIZED REPRESENT IVF FEBRUARY 23, 2015 PRESIDENT AND CEO 1 2572 COMMERCIAL GENERAL LIABILITY 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 or Organization: Blanket where required by written contract. Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker. (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 because 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 Services Office, Inc., 1992 Page 1 of 1 11 COMMERCIAL GENERAL LIABILITY ECG 24 514 05 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY PROVISION - YOUR OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (Section IV) is amended by the addition of the following: If insurance similar to this insurance is held by a person or organization that is: a. An owner of real or personal property on which you are performing operations; or b. A contractor on whose behalf you are performing operations, this insurance is primary to that other insurance, and that other insurance shall not contribute to amounts payable under this insurance, for liability arising out of your ongoing operations performed for that person or organization under a written contract. However, this does not apply to any person or organization: a. From whom you did not receive a specific written request that this insurance be primary insurance, or if you did not receive that request prior to the date that your operations for that person or organization commenced; or b. For whom a certificate of insurance evidencing that request is not on file with, or received by, us prior to sixty days after the end of the policy period for this insurance. EGG 24 514 05 00 Copyright, Everest Reinsurance Company 2000 ❑ Includes copyrighted material of Insurance Services Office, Inc_ used with Its permission Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 A4001?" CERTIFICATE OF LIABILITY INSURANCE ATE gMMIDDIYYYY D3/29/20 6 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Insurance IncorporatedPRONE 6809 Indiana Avenue Suite 202 Riverside CA 92506 CT NADMNT Cynthia Brown (877)898-9333 (951) 300-9332 "MDRESS: AIL CbrOWn@insuranceinc.com AD INSURERS AFFORDING COVERAGE NAICN INSURER A.EVereat Indemnity Insurance Cc 10651 INSURED TMC Shooting Range Specialists, Inc. 27431 Santa Clarita Road Santa Clarita CA 91350 INSURER B:Pro reasiVe Insurance 24260 INSURERC:State Comp Insurance Fund of 35076 INSURER D : INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2016-2017 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF fmMfDDIYMI POLICY EXP (MMIDDfYYYY1LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X AUTHORIZED REPRESENTATIVE EF41xII.05247161 4/4/2016 4/4/2017 EACH OCCURRENCE $ 1,000,000 DATOERDrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO-JECT F7 LOC ECT PRODUCTS-COMPIOPAGG $ 2,000,000 Property damage -single limit $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -T-1, 000, 000 Ea accident BODILY INJ URY(Per person) $ B X ANY AUTO ALL OSCHEDULED AUUTOSS AUTOS 017041023 7/31/2015 7/31/2016 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident $ UMBRELLA LIABOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE OED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOMPARTNEMEXECUTIVE OFFICERIMEMSER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 909391916 3/26/2016 3/26/2017 ER X POTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000 000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *Ten-day notice of cancellation provided in the event of cancellation due to nonpayment of premium. City of Santa Ana, its officers, agents and employees are included as Additional sure or -espet rt'�n General Liability per the attached endorsement. O IV CERTIFICATE HOLDER CANCELLATION r gfradella@santa-ana.org SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Police Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Purchasing Dept. ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701-4010 James Henderson/KT �..�....,..... ¢� ACORD 25 (2014/01) INS025 (2ounv © 1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: EF4ML05247-161 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 Person(s) Or Organization(s): Locations Of Covered Operations Blanket where required by written;; contract. Information re cored tocomplete this Schedule; if not shown above 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 whale or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locations) 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 en- gaged rngaged in performing operations for a principal as a part of the same project. CG 20 1007 04 (D ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: EF4ML05247-161 COMMERCIAL GENERAL LIABILITY ECG 24 514:05 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY PROVISION - YOUR OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (Section IV) is amended by the addition of the following: If insurance similar to this insurance is held by e person or organization that is: a. An owner of real or personal property on which you are performing operations; or b, A contractor on whose behalf you are performing operations; this insurance is primary to that other insurance, and that other insurance shall not contribute to amounts payable under this insurance, for liability arising out of your ongoing operations performed for that person or organization under a written contract. However, this does not ,apply to any person or organization: a. From whom you did not receive,a specific written request that this insurance he primary insurance, or if you did not receive that request toner to the date that your operations forthat person or organization commenced; or b, For whom a certificate of insurance evidencing that request is not on file with, of received by, us prior to sixty days after the end of the policy period for this insurance, ECG 24 514 0500 Copyright, Everest Reinsurance Company 2000 ❑ Includes copyrightedmaterial of Insurance Services Office, Inc. used with Its permission Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1