Loading...
HomeMy WebLinkAboutAD/S COMPANIES -2015l i 5���4b4L U Y l CiJflF�KMA`t PRCX'�:Ei� UN "I'I,t. INGUt�ANC1? [XPIRCcC; cauKCil 2 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 1st day of December, 2015 by and between AD1S Companies ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"), RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of fabrication and installation of wayfmding signage. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected 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: I. SCOPE OF SERVICES Consultant shall, perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $321,000 during the term of this Agreement. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that 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 November 30, 2016, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional mamier in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. BONDS Consultant, shall, after award of this Contract, furnish two bonds to be approved by the City, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the City. Consultant shall, prior to the release of the performance and payment bonds, also furnish a one (1) year warranty bond. 6. OWNERSFIIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. 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. 2 C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (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. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination, Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City, 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City, 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 4 13. 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 fax 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 Facsimile (714) 647 -6956 With courtesy copies to: To Consultant: Kelly Reenders Executive Director Community Development Agency City of Santa Ana 20 Civic Centex Plaza, M -25 P.O. Box 1988 Santa Ana, CA 92702 Facsimile (714) 647 -6549 AD /S Companies 2950 Palisades Drive Corona, CA 92880 Atm.: Melea Kapur Facsimile (951) 278 -0681 City Attorney's Office City of Santa Ana 20 Civic Center Plaza, M -29 P.O. Box 1988 Santa Ana, CA 92702 Facsimile (714) 647 -6515 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 fax, 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, 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The 3 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 Consultant or 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. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City 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. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement, 17. NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, acid 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. rl 19, PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses; permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other govenunental agencies. Consultant 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. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind thew 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. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City AttAy� /t MM Attorney Kelly Reenders Executive Director Community Development Agency CITY OF SANTA AN Da Cavazos City Manager CONSULTANT: AD /S Companies By: Title: Tax lD -3 -- O (o L `i 'L/�3 EXHIBIT A MIA C.0'MPAN1116 11 M M August 24; 2015 Marc Morley City of Santa Ana 20 Civic Center plaza (M -25) Santa Ana, CA 62702 Dear Marc, Per your request for the slgnage bid for the Santa Ana Wayfinding project, we respectfully submit the following for your consideration and approval, I have also attached our eBrcohure which contains examples of simiiar high -end retail center and streetocepa frontage that was completed by ADIS As we stated In our proposal, our cost estimates are Based on our understanding of the slgnage package that was provided to us on 8/11/2016 titled "Santa Ana Signage 100% DD Package ", CAIr prices include: 1. Shop drawings 2, Engineering (Signs and attaclvnerlts) 3. Fabrication 4. Installation to be done during non net business hours (M•F, 7am -6pm.) Pdoe based off prevailing wage labor Installation rates. 6, Sales taxes 0, Permit Acquisition Fees Items to be provided by others- 1. Permit Fees 2• Lane and Sidewalk closures /traffic control 3, Any wall Backing or calling structure required is by others 4. Electrical to sign loontlon/tIms clocks 6. Message Schedule, Map Artwork, Site Plan with sign locations 6, Removal of Existing Signs Additional Roof ificatiolis Proposal Is based off of drawings provided and quantities listed on this quote, If sign counts vary from this proposal, or if additional signs are required that is not listed on (file proposal, AD /S will need to issue a new proposal Thank you again for eflowing Amliltootural Doslgn and5lgns the opportunity to be a part of your ronovatlpn at South Coast /''laze and look forward to reoeN1t7g yarn• l osponsa, Resaec fully stibil7lttsd, Nebo Kopur zesa r'mI&ucloe cave, cemr," ca e�sob r soo asz�aauz r• sai.zraooal ��.�rn _ ___ _._...... &a SlSn oga �Pnbelanllnn G; alaP liiyd �Ilr.IU red rf Li ahiin0'17A U:inlondno 1168 aoilrood $1. Corona, CA 92882 T: 800,862.3202 www,ad -s,eom N M a Quote To: City of Santa Ana 20 Civic Center plaza; M -26 Santa Ana CA 92701 EXi tBIT t3 Quote Sign Typo :1 - Downtown Entry Monument ID - Description: Pole structure with single faced sign panel with 1"deep fabricated aluminum backer, 314 "dsep fabricated aluminum fee*, and 112 th kacryliccopy, . Dimansloos: One (1).69" wide x 20" high x 2.114" thfok sign panel and one (1) 180" tall pole. Copy: TOD, - Finish: painted fare panel and powder coated hacker panel and polo. - Illumination:: None. - Mounting: Mechanically mounted to new 4" diameter pole with ELA Lighting base OP -3012 and Halal 4FIN -24. Sign Type. V. - parking Directional • Freestanding: Description: pole structure, will) double faced parking sign panel with 1" deep fabricated aluminum banker, 314' deep famloated aluminum face, and 1/4" thick acrylic copy, and double faced downtown sign panel with V deep . fubdeated aluminum bnoker, 3/4' deep fabricated aluminum face, and digitally printed copy. - Dimensions: one (1) 38" diameter x 0" flick parking sign panel, one (1). 48' wide x 14" x 0" thick sign panel., and one (1) 160" tall polo. • Copy: TSD. - F011s'h: Painted face panel and powder coated backer panel and pole. - Illumination: None. - Moim9ng. Mechanically mounted to new 4" diameter pole with ELA Lighting base #P- 3012 and finial 9lFIN -24. - Rnfnrnnnnr. Fkaarc rd -nn an r:-no na n.nn nn Quote No; 39090 Date: 1o/2012016 Expiros: 1212812018 Customer No.: CITYCFSANT pager 1 of 8 ShlpTct City of Santa Ana 20 Civic Center Plaza, M.26 Santa -Ana, CA92701 NI r qg WSignngo,lFabrication 0Dlsploya +Fixtures 4.00 1 7,330-001 20,320.00 7.00 At 1-10hling +Me talon, nee 1160 Railroad Corona, CA 92882 02 32 ) Ti 800 8b2 3202 2 EXHiBIT 13 Quote www Qd -S cw11 Quote No: 38(190 C OM PA N I B S Date: 10/29/2019 M w N Expires: 1212812015 Customer No,: OITYOFSANT Page; 2 o 6 r $191. Type: 21•Parking DimatOnaf - MessagePanel 17.00 3,722.00 63,274.00 - Description: Double faced parking sign panel with 1 "deep fabricated aluminum backer, 3/4' deep fabricated aluminurn face, and 114" thick acrylic Copy, and double faced downtown sign panel with V' deep fabricated aturnInum backer, 314" deep fabricated siuminum face and digitally printed copy. - Dlmenslanw. One (1) Se" diameter x 90 thick parking sign panel and one (1) 40' wide x 14" high x g" thick elgn. panel, Copy;. T$D: Finish: Painted lace panel and powder coaled backer panel .- lifuminalfor; None. - Mounting: Mechanically mounted to existing pole. •Reference: Sheet 0- 07.00, . Sign Type: 5 - Vehicular Gateway Directional lD - Description: Single faced aluminum sign panels with digitally printed Copy, 8.00 ...,. 6,680.00 $2,900.00 and double faced dimensional aluminum letters. - Dii sensfons: pour (4) 60" wide x 42 high x,051° thick sign panels, Two (2) 16 "bigh x 6" deep dimensional letters, and twelve 02)13" high 6" deep dimensional letters, -Copy; TBO. - Finish: Powder coat at sign panels, paint at dimensional letters. - - illnmtptlan: None, - Mounting: Mechanically moumod to existing pale. - Rofommoa: Sheets G -00.10 and 0- 68.01. Sign typo: 6 - Pedestrian Directional (Base Option) - Doseriptlom Polo structure with double faced sigh panels with 1" deep 19.00 6,782 00 120,868,00 (parceled aluminum bicker, 3/4" deep fabricated aluminum face, and digitally, printed copy. - Dfinenslens: One (1) sign panel at 38" wide x20.1/2 "high x 8" thick, one (1) sign parer at 38" wide x 10" high x 8" thick, and one (1) 147" fall pole. - Copy:: TOD. -Finish painted face panel: and powder coated backer panel and pole, - Illumination: None, - Mounting: Mechanically mounted to new 3" diameter pole will, FLA Llghifng base #P -3012 and finial X- IN -24, - Reference, Shoals (3-00.00, G49,01 and G- 09.02: Sign Type: 0 - Pedestrian Dfractlonal(Alternate Option) 0;00 8,86`1.00 0.00'. - D00111 40n: Pole Structure with double faced sign panels with 1" deep fabricated aluminum backer and 3/4" thick digitally printed HPL panel, - Dimensions", One (1) sign panel at 38' wide x20 -1/2" high x 8" thick, one (1) sign panel at 38" wide x 10' high x 8" thick and one (1) -147" tail pale, - Copy: TBD. - Finish: Powder coal. - Illumination: None; Moyntlp9Nta4h�pigally r�yycu033.S1t4rAk[3'dlaJnRior 0h ... _. pol9w F1A Llgbiing base #P -3912 and finial #FIN -24, " -" - Reference: $heels 0-09.00. G- 09.01, and G- 09,02. Permit Procurement - Permit fees are excluded (By City), 1.00 844.00 844.00 Performance Bond: 01 61A of total, contract) X1,.00 4,738.97 4,789.97 '..: p`0. S ig n a g. 0+ F a h rf a s I I a n 0 Display, -h Fixtures to lighling+ MufntonnnCo I 1 60 Railroad Sf Corona, CA 92894 Tl 800.862.3202 www.ad- s.toln COMPANIES otes i EM 'ds l' INCLUSIONS: Taxes: - Engineering. - Prevailing wage MS18118uYrn rates during typical business hours Shop drawings. •.Permit procurement EXCLUSIONS. - Permit foes. - Lane and sidervalltclosures Jtraffic control. - Wallka7/ng structural supports. - Electatcal io sign location /lime clacks • Message schedule, map artwork, site plan with sign locations. - Removal of existing signage. rXHIBIT B Quote ^ENERAL NOTES: - Pdulagrhl baseline caring up to a 12" diameter hols at maw pole locations, - finished surface at nowpola 1000ons is to be standard colored concrete at existing concrete areas, and pavers at existing paver areas. - Sign counts all? based on goeatity counts piciddi d. if quantities vary from what is listed in this quote, ADIS inay revise the proposal: - Shnild:Ord manufactunag load Hme is 9 - 10 weeks allot all approvals. - Pricing is based tln one mobilization. - this proposal Is based on love] grade with no underground obstructions, and based on regular unobstructed access to each sign location for auguring /equipment and installation. - Ifpa/foananca bonds are mryuired, fee is 1.9% of the value of the contract. Small Sustrless registration #21078, DIR registration #1000004451. Any mledu on or deviation from the above spoadreallona: IMolying extra costs wAl ha oxbcrtla, only IpIXI wlillan nrtlers alxl wNl 6ebonlp an extra charge ¢Vet aroJ ahara ibo aelhnalb la b9 paltl b'1 the parrftaser In 111¢ ewnl al ¢ MnmJt of eanlrbet by purPbaapr.. Sbllor will be entitled fb ellenrpy's 1pgs in a oourl proppnNng. M agree (defer confngenl upon sulkae arxipenls m delays boyaNi blrt canlrol purchaser to carry fire, loondo land olhar rawe¢ary Injeffnce Upon above v10rk Workman's CPntpensailon and public Onbllay rltauranC¢ 4n abpV¢ Wpk 10 4e lakeb brit by Sbller are efusna,gy . dad are. Mrefig amseed You are enlhadzud to de the work as ' +Spry nk.7 C.i I'xl brita lid li M I]isploys+, Tix to res Quote No: 39080 Datm 1012912019 Expires'. 12/20/2015 CuslornerNo.: CITYOPSANT Page: 3 of s Not iloes7nxs r " ?. 4ighling'I Mainiellencr,. EXHIBIT B Coro CA 9 S1. Quote . Corona, a, CA 92BS2 i Ti 800.862.2202 www.ad�s.cam COMPANIES X r ay geNERAL T96MS, AiND CONDITIONS Quote No: 38080 oatw 10/20/2016 Expires: 1212812046 Customer No.: oil YorSANT Page: A n16 1, PRICE I QUOTE EXPIRATION: The enclosed quote Is valid for 00. days from date at quote. An acceptance of this quote after the 90 days may be suhl0a ie rw161011 to accommodate for such thing$ at material price changes or production scheduling Issues at the select. All changes will be reflected In vaith'.g In allhar a revised quote or change order to the original quote, 1,1. PAYMENTTERMS Payment'term$ of the Agreement must be followed. In the event that the payment terns are not followed seconding to the agreement the full balance of the conhoot will be payable prior to Installation of aign(a). 2A PERMITS AND LICENSES; Seller shall obtain, as Buyer's agent, all original permits and 110enses from public authorities for the Installation Of iho Display, Buyer shall obtain the necessary pOrmits ROM the owner of the premises and others, axotusive of public outhouses, whose pormission Is requisite for the Installation at Ere display and shall be responsible that such permission shall not be revoked, Rovooatlai of any permit required for Installation and maintenance of display shalt not Alloys Buyer from life payment of all sums due In a000rdance With the terms Or this a9rO0m0ut. In cases whore Cities have spacial requirements such as lighting In allies, oat - walks, adolllonaf 90aess doom, elo., Seller will provide such expire where possible at additional labor charge of $88,00 per hour, plus materials as required,, 2,2 PERMIT PEGS; Seiler shall obtain porrrills and licenses as required by auihodtles for display. The oast of parmlls and licenses plus . a permit service fee, $66,00 per hour will be paid by Buyer, It Oily Inspeetare require that Boilers be present at time of Inspection of signs on additional $69,00 per hour will be charged for the Insp ectio n time, S: ELECTRICAL CONNECTION'. Bayer shall provide 0180PIcal of suitable capacity (110 voltel, to plaplayle location, Shand electrical not be available at time of installation $120.00 par hour wili be cheroot[ if we are required to team to connect such display Vylrere this contract is for refurbishment of existing sigllags the contract price dose not Include electrical repairs: Electrical repairs include rmiacenlont of baltests, transformers, lamps, neon units, sockets switches, housings and wiring, as wail As ice Ahpr Charge will PO 011-if at our current labor and material rate -, d. TITUL Ownership of Rlsp14y shall remain with Senior unlit all txaymenle are made, At which time Buyer Shall be vested with full into 10 Display, Neither the Joss of, 1110Y to, or destruction Of Display nee institution of suit or proourement of Judgment llrerOan, while In the Possession of Buyer or its agent$, $hall operate as payment or as a kanster Of title to:Buyor. 6. PRODUCT DELIVERED TO SITFt All aigils delivered to site and $lifter Installed Of staged shall be the responalbgiti, of the buyer. Seller shall not be held responsible for damages due to vandalism, accidental damage other than that caused by an employee of caller, that(. or acts of god. It InstailAP011 is b take place over multiple days, buyer is required to provide 0 secure emelrmrment In which to stage signs. 6, DEFAULT: I In the event Of any breach by Buyer of any of the covenants and agreement transfer contained, or if during ma term of this egraamsnt or any extatelon thereof. Buyer makes so assignment for the benefit or Monitors, of if a racaNOI is appointed to tales possession of the business of Buyer, or If action fa taken to aecamplish this and, or It Buyer sells or files, or there Is filed an his behalf, notice of Intention to sell In bulk, or taonsrar sold business or a material part ihorsof, voluntarily or Involuntarily, Sailer at its Optical antl vd0aout dOPOO to Buyer may dededre the entire unpaid bnlanoa of the purchase price haroln Immediately due and Payable and as permitted by law (a) one for Semo, or (b) Sailer may without notice: demand Or 10901 Procaes Immediately take 1)00$8881011 at display and (1) retain It and ate payrnone In 8e051facllon of the balance or (2) sell it at either public of private 0910 and pay any 8'urplus to Buyer after tel ling all expenses of repairing, . r$e0ndltianin0 of preparing rho goods for cars. Rotrift and Asia Of all or any part of the display shall not operate to release Buyer from the obligation to pay In fall all Amounts herein agreed to and If the anwunt realized on sale is loss than the obligation due Seiler may hold Buyer for any fesullin9 d6flofenGy, Inaluding free mat of rotaking and sailing display. SlwuJd Boiler take possession or display, 611 rights of Buyer tinder this agreOment shall kinf edrately tOrminale send all Payments theretofore matte shall belong abaeluleiy to Seller as compens8gon for the depreciation in value and for the use of display, and Buyer shall pay to Seller all installments their delinquent plus the cost of retaking display, In Mae .Setter shall employ an attorney to recover display to Collect any sum due tinder gill agreement, Buyer promises to pay raa ORAUG ahnmOy's fees to be fixed by the court,. All overdue payment shall bear Interest at file rate is% pet annum, Buyer $xprassly waives any effected by Seller, Its agents or ropeasonia6vaa of pursuantlo legal process, and all rights to nol(Ca or hearing puler to removal, whether each removal shall be T. REMOVAL OF DISPLAY: Display shall at till limes be deemed personal property, end shall not by reason of atlachmant or Connection to Any really become or be deemed a 1lxbre or appurtenance to such realty and shall at all tittles bo severable therefrom, slid shall be end rotaln at all glace„ the Property of Seller, free of any Aloha or right of Boyar, except as set north herein Salter shall have the rgM1t to enter the premises to respect, . repair at ronwva Display. G A. I noC.v AA1M1 nenennnnn lrnn- hereunder shall be subject: to delay or rmiurs resulting train' rho Government Or Public. xulhoritles, Innudmg obtaining of p be liable foe any canseePr ntial damages as a rOsuil ormla t 619n, Duper will 1111arledlelely be responsible for lite full contract prim __.._. on with duo diitynnra until aomplalYnn . All one gatiohs to be performed by Seller Reptiles, unforeseen mramardal delays, acts of God: regulations at restrictions of iccidenta„ fumes, conlliip0e or eiralnXstanwa beyond fie cannot, Seller shall not of Display, in die overt that Buyer doordas to cancel a postpone Instalinlion of costa, Uuyer lnlll0l;� _;_� 5 FarmsW65;_ N1). 6t 5 ?9 nin 9 a +Fa la r ca f 0n It Displays+ Fixtures kN L I q Iffinq 1 Ma11110naIll cO MIACoro a,CA9 St. Quote Corona, CA 92882 7: 800.862,3202 wvacad•a,cam COMPANIES M X M 909ML TSRMS AND CONDITIONS • Conenod Quote No: 39090 Dale: 10129/2016 Expires: 1212SI2016 Customer No.: CITYOFSANT Page: 6 of 0 0, WAIVER OF BREACHt Time and the punatg01 p0d0milanca of each and all of the terms, provielona and agreements hereof Pro of the essence of this agmemom, except as herein Otherwise expresoty praAdodi no waiver by oiohet party I10MI0 Of the nonparrormonca or breach of any acrd, provisions, condition or agreemOnt hereof or 'of any default hereunder shall be oonstrued to be, or operate as, a WONOT of amysubsequenr nonpodermance, bread, or defoutb 10. TERMS OF' AGREEMENT: All of the terms, provisions and mgroomaha hereof shall be binding upon the aucoeeaora, Resigns or legal ropmaanlativea of the respective parties instant; provided, however, that the Interest of Buyer heroin shall be frensfemble only with thewrliten consent of Sollor, 11. SERVICE WIRING COST OF ELECTRICITY, REINFORCEMENT OF BUILDING, PHYSICAL CONDITIONSt Buyer shell bring toad wires of 110 volts (unless otherwise specified) An approved type to the location of Display prior to fins, Of InabOlatlon and shall pay for all electric energy used by Dlaplay and shell be responsible for the supply thereof. Unless speclAoally stated In walling to the contrary, Buyer shall provlde all necessary ralnforaemente a 914 building on which Dispay Is installed, Buyer shall pay for costs of relocating power lines, or other obstacles, to comply with laws of Federal, State or Wall agencies. (a) Signs requiring subsurface preparation (polo signs and monument signs), The price fixed heroin Is based on the 080ump119111 that Installation wlll be In normal aoll. In the event adverse, sort Conditions or underground obatfudlons Ora enaaunlered, Ilia parties agree to edjuat the extra Installation coal based on Geller% additional coat. Buyer Aholl defen ding position of display. In the case where below sorrow drilling end preparation for Installation is required, Seiler la O%WSed from any rosponalbllity for damage, which may be Incurred In this proparation, and these responalblllllea are transferred to the Buyer, (b) It Is the buyers' responsibility to papers all EOostandhil sign locations at IOVOI grads, Unless a provision has boon made by seller to the Contrary. named locations requiring oddlllonal sign foundation and/or Concrete pad, lag Of base extensions or modifisallon, old or landscape material Imported to Ilia Ali n location will be at additional cost to the buyer, (o) Letters to he mounted on exterior aide of well. Electrleu, ordain to Ae acclaimed in transformer box Will flex crossovers on Intodor of wall unless MOWay Is specified. Access for Installation in front of and behind wall must be available at time or Insallaflon. Though wail installation Is assumed to be on normal stucco, wood or soft brick facing, if unique chouinstancas Inside wall ere discovered by Instiller, Buyer, If available, wlll be rather. In Any event, Buyer shall be blind for special labor on a limo spent basis, In ,sass where care drilling Is required, this is considered unusual Cireumeanc0a and will be billed at a120,00 per holy in addition to Contract amount In alaesa 8. (d) In the event eonfliod welding Willi on Alta spoofs) city (Or county) Inspectlon Is required, this cost Is additional end will be due upon camplellon of progeossivO work, (e) Landscape frlintion should be proparad or adjusted so. water. doss not sprinkle or, flood, all Conllnuoua or regular sprinkling of these signs, nulllgee and will render void the warranty. Sign wlll be connected to an approved electrical sign Olmull of Adequso Capacity, If available at time of Insallolon, and within 0 unobstructed faster display location, in event, Installation shell be consluered complete at time sign to tested, Should we be required to return to 00011e0t electrical not available tit time of Installation, additional labor at $120.00 per hourwlll be 01 [ad for rho time to contract the eigm MI dimensions are close approximate and may very duo to existing conditloos al job site. 12, WARRANTY; Seiler warrants that Display will be free from defeats In materials (Oxcapt CA to lamps) or workmanship for a period THREE (3) MONTHS Alter duiivOry or Installation. The foregoing warranties are exclusive and In lieu of all other warranties of merohan(ablity, 8lcees for purpose and or any other typo, Whether express of Implied, , 13, INSPECTION! Buyer shall Inspect the display Immediately upon IndAlln0om, and shag evilly Seller In writing of any aerosol of variances therein, In (he absence of any such written notification within live (6) days afar Inaalation, the display shelf be .deemed in all raspeote approved and saflafaotoly to Buyer. 14. LIEN RIGHTS; It Is agreed that Seller shall have the right to file a 20 clay Proliminaty folio to trio owner and Lender on the projOCl, At Sellers request the necessary Information will be provided so that the proper notifications can he mailad to the mkavant panes. 16, AGREEMENTSt There are no undermandings, agreements, warranties, or rapmsenla(tons, either oral at written, expressed Or IMP110d, statutory or elhenvlse, including warmnlios or merchantability, quality of fitness, relative to till$ order that are not fully expressed herein, and no change or modgicatkon of this order shall be made unless agreed to In writing and signed by both parfoo, 16. GOVERNING LAW: This Contraes shall be governed by file laws of ilia Stale of Callfomla. The pantos speolloauy and Irrevocably 09109, to submit any controversy of ctalm gadding not of Or relating to this Contraei, or the breach thereof, to rasoiuilon by williratian In accordance with the meteoroid arbitration rules ur the American Arbitration Association (A.A.A,). A judgment upon any Award randered by mo a IAHOOROM shall be entered by a court having subject matter jurisdiction (herein end ail parties expmssly Walva any Challenge to Ilia use of arbitration In accordance with this Paragraph. The parties hereto A9MO that judsdlcllon and vamA for the hearing of the Inclination and the entry of judgment upon said arbitration award shell be In Itiverotdo County, California. 'Ilia arbitrator* ere direuled to swan) the 0xp0nces of the arbitration, Inoluding required travAi and other expenses Of the erbRMIOns and any costs of the adelualore representatives, the noels end ehargaa of the Amorlcan Adiltrallon Association, AN reasonable attorney's tees and costs, to ilia prevailing party In the arbitration, If the parties waive their rights to Arbitration, whoh welver must be In writing and signed by the parties, they agree, that any Court of ornmpalOnt juriediollon shall award me costs of the suit, Iloading reasonable attorney's fees and expenses, to the prevailing Perry, Buyel 1411101:__ till Signa 0 o +ra b r I cat Ion 0 Displays +Fixtures IN Lighti_ng+ Maintenance DATE (MMMDtYYYY} 12V712015 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 INSUREli AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(tes) 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 PRODUCER 4rthur J. Gallagher & Co. insurance Brokers of CA, Inc. LIC #0726293 18201 Von Karman, Suite 200 rvine CA 92612 INSURED Architectural Design & Signs, Inc. 1160 Railroad Street Corona, CA 92882 •. a t- COVERAGES CERTIFICATE NUMBER: 1833427071 RFVIRION 111IIMleti 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. Ivry TYPE OF INSURANCE —_ POLICY EFF POLICY EXP _ INS POLICY NUMBER M DU/YYYY M700lKYYY LIMITS A X I COMMERCIAL GENERAL LIABILITY Y VCGPD21725 5/52015 51512616 EACH OCCURRENCE $1,000,000 CLAIMS-MADF_ X❑OCCUR DAMA ETO RENTED PREMISES Ea occturence $50,000 X QFS_QC_C,DED MED EYE (Any one person $5,00_0 X S5,OQ( —"_ PERSONAL ti INJURY 11iOK 0 GENTAGGREGATELIMIT APPLIES PER GENERAL AGGREGATE $2,00D 000 POLICY u PRO E LOG PRODUCTS - COMPIOP AGO $2,y000,604 OTHER $ B AUTOMOBILE LIABILITY MZX80962943 5/512015 5/512016 COMBINED SINGLE MI $ Ea accident 1006,000 Ix ANY AUTO BODILY I NJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Par accident) _ COMPICOLL DED $1,000 C UMBRELLA LIAO X OCCUR NHA237881 5152015 SIMM6 EACH OCCURRENCE _$10,000,000 X EXCESS LIAR CLAIMS -MADE AGGREGATE S "_+_0,000,000 DED X RETENTION $Anil $ D WORKERS COMPENSATION VVSD502366702 515 /2615 5151241fi X PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOR /PARTNERIEXECUTIVE E.L. EACH ACCIDENT $1,600,OOD OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE. _0,000 If yes, describe under $1D0- DESCRIPTIONOrOPERATIONSbelow EL .DISEASE - POLICY LIMIT $1000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requimd) The certificate holder(s) is /are named additional insured /primary non - contributory /general aggregate applies as respects to the general liability policy, per the attached forms CG20100413, CG20370413, CG20010413 and VEO1841213, as required per written contract. RE: Work performed by the named insured as required per written contract with respects to City of Santa Ana. t Certificate Holders} Continued: City of Santa Ana, its officers, agents, and employees kr, er-" City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana CA 92701 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ACORD CORPORATION. AN rinhle mcnn,arl ACORD 26 (2014/41) The ACORD name and logo are registered marks of ACCIRD Policy: VCGP021725 CG 20 10 04 13 Insured Name: Architectural Design & Signs, Inc. Number: Effective Date: 05/05/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. + 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 FOR NON- RINIDEN "I'IAL AND NON -MIXED USE PROJECI:S FOR NON- RES1DEN I IAL AND NON -MIXED IAI- ONLY PROJECTS ONLY Any person or organization when you and such person or All locations Ibr which you and the actelilional insured have agreed organization have agreed in writing in a contract, prior to an ur writing in a contract prior to an occurrence chat causes "bodily nccurence that ctmses "bodily injury" "property damage" or injury" "properly damage" or "personal and advertising injury ". "personal and advertising injury ", that such person or orgmtizatiun be added as an additional insured on your policy. Information required to complete lete 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) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the fallowing additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 10 04 13 1 oft 2. That portion of "your work' out cf which the Injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as apart of the same project. C. With respect to the insurance afforded to these additional insureds, the following Is added to Section III ❑Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1, Required by the contract or agreement: or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. nk,�1 CG 20 10 04 13 2 of 2 Policy: VCGP021725 CG 20370413 Insured Name: Architectural Design & Signs, Inc. Number: Effective Date: 05/05/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FA II 1 0 1 R s,• - •,• • + •- �• •. This endorsement modifies insurance provided under the following; Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s Location And Description Of Completed Operations FOR NONRESIDENTIAL AND NON -MIXED FOR NON - RESIDENTIAL AND NON -MIXED USE PROJECTS ONLY USE PROJECTS ONLY Any person or organization when you and All locations and completed operations for such person or organization have agreed in which you and the additional insured have writing in a contract, prior to an occurrence agreed in writing in a contract prior to an that causes "bodily injury", "property damage" occurrence that causes "bodily injury", or "personal and advertising injury", that such "property damage" or "personal and person or organization be added as an advertising injury". additional insured on your policy. Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section 11 -]Who Is An Insured is amended to include as an additional insured the persons) or organization(s) 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 ". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the Insurance afforded to these additional insureds, the following is added to Section III I:: Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on A behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less, This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 1 of 1 Policy Number: VCGP021725 VE 0184 12 13 Insured Name: Architectural Design & Signs, Inc. Number: Effective Date: 05/05/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Designated Construction Project(s): All construction projects for which you have agreed in writlni contract, prior to an occurrence that causes "bodily injury ", "property damage" or "personal and advertising injury ", to provide project specific limits. A. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -. Coverage A, and for all medical expenses caused by accidents under Section I � Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "properly damage" included in the "products- completed operations hazard', and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated S construction project shown in the Schedule above. VE 0184 12 13 Page 1 of 2 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit, S. All payments under this endorsement are subject to the Maximum Aggregate Limit of: $ 5,000,000 The Maximum Aggregate Limit is the most we will pay under this endorsement regardless of the number of Designated Construction Project General Aggregate Limits. The Maximum Aggregate Limit is not available to pay for damages or expenses other than as set forth in the endorsement. B. For all sums which the Insured becomes legally obligated to pay as damages caused by 'occurrences" under Section 1 ' Coverage A, and for all medical expenses caused by accidents under Section 17 Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products- completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III ... Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated, V11 VE 0184 12 13 Page 2 of 2 Policy: VCGP021725 CG 20 0104 13 Insured Name: Architectural Design & Signs, Inc. Number: Effective Date: 05/05/2015 THIS ENDORSENITNT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY ❑ OTHER INSURANCE CONDITION '['his endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the oontrary: Primary And Noncontributory Insurance 'Phis insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that; (I) The additional insured is aNamed Insured trader such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. I� CG 20 0104 13 1 of 1 A�RiJs CERTIFICATE OF LIABILITY INSURANCE 5 -DATE (Mmu n'YYY> 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 Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. LIC #0726293 18201 Von Karmen, Suite 200 CONTACT �JeM : Arthur J. Gallagher &Company PNONE . g49- 349 -9800 FAx .9 ?9- 349 -9962 F�o EMAIL DRESS INSURERS AFFORDING COVERAGE NAIC4 Irvine CA 92612 INSURER A:Valley Forge Insurance Corn any 20508 _ INSURED ARCHDES -04 INSURER s:Continental Casualty Company 20443 Architectural Design & Signs, Inc. INSURERC:Starr Indemnity & Liability Company 38318 1160 Rail Road St Corona, CA 92882 INSUaeao: Iff AMA E R NTE PREMISES (Ea occurrence) INSURER E X INSURER F: $15,000 COVERAGES CERTIFICATE NUMBER: 1229892863 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 Lm rypE OF INSURANCE INSD VIVO POLICY NUMBER POLICY EFF MMIDDIYI'YV POLICY EXP MMIDDIYYVY LIMITS A X CO MMERCIALGENERAL LIABILITY. Y Y 5095058447 5/5/2016 515/2017 EACH OCCURRENCE $1,000,000 CLAIMS -MADE ❑ OCCUR C Iff AMA E R NTE PREMISES (Ea occurrence) $100,000 X MED EXP (Any one person) $15,000 XCU INCL PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $2,000,000 POLICY [X7] jEpT [::] LOC PRODUCTS - COMP /OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y 6024411463 5/5/2016 5/5/2017 Ea acct LD $1,000,000 BODILY INJURY (Per parson) $ ANY AUTO AILL OWNED AUTOSULED BODILY INJURY(Peraccident) $ Ix NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE jeer accitlen0 $ COMP /COLL DIED $1,000 A UMBRELLA LIAB X OCCUR Y Y 6024471480 5/5/2016 5/5/2017 EACH OCCURRENCE $10,000,000__ I AGGREGATE $10,000,000 X EXCESS LIAB GIAIMS-MADE DED X I RETENTION$ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN 1000002170 5/5/2016 5/5/2017 X I STATUTE ERH E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER /EXECUTIVE OPFICERIMEMSER EXCLUDED? ❑NIA E.L. DISEASE - EAEMPLOYE 00, $1,0000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICYLIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The certificate holder(s) is /are named additional insured /primary non - contributory /general aggregate applies as respects to the general liability policy, per the attached forms CNA74705115. The certificate holders) is /are named additional insured/ aiver of subrogation applies, as respects to the auto liability policy, per the attached form CNA63359. RE: City Wayflnding Signs. Certificate Holders) continued: The City of Santa Ana, its officers, employees, agents and volunteers. CERTIFICATE HOLDER CANCELLATION 111 0 City of Santa Ana, M -93 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92702 USA AUTHORIZED RE-PRESENTATIVE l `°- ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD