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HomeMy WebLinkAboutMesa Energy Sytems, Inc. DBA Emcor Services Mesa Energy - 2020-01-01 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MESA ENERGY SYSTEM,INC., DBA EMCOR SERVICES MESA ENERGY FOR HVAC AND RELATED SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as • "City,"and MESA ENERGY SYSTEM,INC., DBA EMCOR SERVICES MESA ENERGY, a California Corporation, hereinafter referred to as"Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated January 1,2020,entitled"Service Agreement Between the City of Huntington Beach and Mesa Energy Systems, Inc., dba Emcor Services Mesa Energy for HVAC and Related Services"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Contractor wish to amend the Original Agreement to extend the term, NOW,THEREFORE, it is agreed by City and Contractor as follows: 1. TERM The term of the Agreement is extended for two additional years until December 31,2026. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on©( j... ,2024. 24-15266/354418 1 . . • MESA ENERGY SERVICES,INC. DBA CITY OF HUNTINGTON BEACH,a EMCOR SERVICES MESA ENERGY municipal .rporation of the State of Califor 40, .�,V Q9e,_. . 1 By: , e.(k _ Ron Hickey, Presid nt print name Mayor ITS: (circle one)Chairman/PresidentNice President AND City er /0 im Aii--- Stephen Digitally signed by By: p Stephen Hunt,CFONJCS INITIATED AN RO ED: Hunt, CFO Date:12u1a.i0.oa print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director o Public Works APPROVED AS T� �':,'. / W'��Atto ey �� ',.,c 24-15266/354418 2 "'"eft; AC RI® ATE CERTIFICATE OF LIABILITY INSURANCE D09108/?073DIYYYY) 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 have ADDITIONAL INSURED provisions or 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 CONTACT "'MARSH USA LLC NAME: 1166 AVENUE OF THE AMERICAS PHONE FAX NEW YORK,NY 10036 EMAILALSS: one:8 - 6 -466 Emcor.Certrequest@marsh.com/Fax: 203-229-6787 INSURERS)AFFORDING COVERAGE NAIC Is CN102796740-EMC-SER-23-24 DGJT X INSURER A:Continental Casualty Company 20443 INSURED INSURER B:American CasualtyCompanyof Reading,PA 20427 MESA ENERGY SYSTEMS INC. DBA EMCOR SERVICES MESA ENERGY INSURER C:Transportation Insurance Co 20494 2 CROMWELL INSURER D:Continental Insurance Company 35289 IRVINE,CA 92618-2011 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-009883566-27 REVISION NUMBER: 7 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIODIYYYY) IMM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GL 7039900175 10/01/2023 10/01/2024 EACH OCCURRENCE $ 5,000,000 JCLAIMS-MADE X OCCUR PREMISES(Ea ocO rrence) $ 1,000,000 MED EXP(My one person) $ 25,000 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 14,000,000 OTHER: $ A AUTOMOBILE LIABILITY BUA 7039900208 10/01/2023 10101024 COMBINED SINGLE LIMIT $ 5,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE -$ AUTOS ONLY AUTOS ONLY (Per accident) Auto Physical Damage $ Included UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS _ $ B WORKERS COMPENSATION WC 7 39955208(AOS) 10/01/2023 10/01/2024 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER D ANYPROPRIEIOWPARTNERIEXECUiIVE YIN WC 7 39955452(CA) 10/01/2023 10101/2024 1,000,000 C OFFICER/MEMBER EXCLUDED? N N!A E.L.EACH ACCIDENT $ (Mandatory in NH) WC 7 39958397(AZ,OR,WI) 10/01/2023 10/01/2024 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under ----- 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ • DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:ALL OPERATIONS OF THE INSURED Qpg ADDITIONAL INSURED UNDER ALL POLICIES(EXCEPT WORKERS COMPENSATION&EMPLOYERS LIABILITY)WHERE REQUIRED BY CONTRAG I:'(;I y fffFFia tITp� I 1 FORNfS OFFICERS, ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS WHERE REQUIRED BY CONTRACT,COVERAGE PROVIDED TO THE ADDITIONAL INSUREDS IS PRIMARY&NON-CONTRIBUTORY. DX; MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 MAIN STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HUNTINGTON BEACH,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC 7"ea- a4 I ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL 7039900175 C G 2 010 1 0/93 C artier: Continental Casualty Co Effective date: 1 0/01/2023 -10/01/2024 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED, OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization INSURED MESA ENERGY SYSTEMS,INC. CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH RE ALL OPERATIONS OF THE INSURED CITY OF HUNTINGTON BEACH,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II)is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured, CAM Countersigned by Authorized Representative EMCORGROUP, INC COMMERCIAL GENERAL LIABILITY POLICY NUMBER: GL 7039900175 CG20370704 EFFECTIVE DATE: 10-1-2023to 10-1-2024 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): INSURED MESA ENERGY SYSTEMS, INC. CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH RE ALL OPERATIONS OF THE INSURED CITY OF HUNTII IGTOI•I BEACH, ITS OFFICERS,ELECTED OR APPOIIAPPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS Location(s) Of Covered Operations AS PER THE CONTRACT OR WRITTEN AGREEMENT, PROVIDED THE LOCATION IS WITHIN THE"COVERAGE TERRITORY" OF THIS COVERAGE PART Section II-Who Is An Insured is amended to the location designated and described in the schedule include as an additional insured the person(s)or of this endorsement performed for that additional organizations)shown in the Schedule,but only with insured and included in the"products-completed re sp ectto liability for"ID odilyinjury or"property operations hazard" damage' caused, in whole or in part, by"your work' at u 7 0704 Copyright, ISO Properties,Inc., 2004 0325.01-00-0000701-0003.0002985 �' CNA G 300703-A (Ed.05)09) POLICY NUMBER: Gt.7039900175 Carrier. Continental Casualty Company Effective Date: 10-1-2023 to 10-1-2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDMENT - OTHER INSURANCE PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph a. Primary Insurance of 4. Other Insurance of Section IV-Commercial General Liability Conditions is ,1eb I&SAA and ro►►I at,aelwith the.fnllnlnrinrr a. Primary Insurance (1) You have agreed in writing in a contractor This insurance is primary exceptwhen agreement thatthis insurance will be Paragraph b.below applies. If this insurance is primary and non-c ontributory; and primary, our obligations are not affected unless any of the (2)The written contract or written agreement other was executed priorto: insurance is also primary. Then, we will share (a)The "bodily injury' or"property with allthat other insurance bythe method damage"; or described in (b)The offense that caused the "personal Paragraph c. below. However, coverage and advertising injury" afforded to an additional insured under the terms of an for which the additional insured seeks endorsement attached to this policy is primary coverage under this Coverage Part. INSURED MESA ENERGY SYSTEMS,INC. CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH RE ALL OPERATIONS OF THE INSURED CITY OF HUNTINGTON BEACH,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS G-300703-A Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 (E d.05109) 0325.01-00-0000701-0004.0002986 1 Si VCIt..trATE (NIMMD/YYYY) ACORIID CERTIFICATE OF LIABILITY INSURANCE 09125/2024 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 have ADDITIONAL INSURED provisions or 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 CONTACT_NAME: •• - _ --- "'MARSH USA LLC PHONE FAX 1166 AVENUE OF THE AMERICAS (A/C.No.EXt): (A/C,No): NEW YORK,NY 10036 E-MAIL ADDRESS: Phone:866 966-4664 Emcor.Cenrequest marsh.co11 I Fan: 203-229-6787 __ INSURER(S)AFFORDING COVERAGE NAIC II CN102796740-EMC-SER-24.25 DGJT X — INSURER A: Continental Casualty Company 20443 INSURED INSURER B: American Casualty Company Readirg PA 20427 MESA ENERGY SYSTEMS,INC. DBA EMCOR SERVICES MESA ENERGY INSURER C: Transporla(ion Insurance CO _ _ 20494 2 CROM INSURER 0__Continental Insurance Company 35289 CA 9 IRVINE,CA 2618 2011 INSURER E:INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-009883566.29 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. ADDL SUBR POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE INS° WVD POLICY NUMBER (MMIDD/YYYY) IMMIOD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY GL 7092778897 10101/2024 10/01/2025 EACH OCCURRENCE S 12,000,000 DAM GE TO RENTED 1 CLAIMS•MADE X OCCUR ,PREMISES(Ea-occurrence) $ MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY $ 5,000,000 GE IL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 14,000,000 POLICY I X 1 PROT7 1 LOC PRODUCTS•COMP/OP AGG $ 14,000,000 SIN,: OTHER: S A AUTOMOBILE LIABILITY BUA 7092778902 10101/2024 10/01/2025 COMBINED SINGLE LIMIT $ 12 000000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS PROPERTY DAMAGE X HIRED X NON-OWNED (Per accident) $ AUTOS ONLY AUTOS ONLY Auto Physical Damage $ Included UMBRELLALIAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE $ I DED RETENTIONS $ B WORKERS COMPENSATION WC 7 92781590(ADS) 10/01/2024 1010112025 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N WC 7 92783954(CA) 10/01/2024 10/0112025 E.L.EACH ACCIDENT $ 1,000,000 D ANYPROPRIETOR/PARTNER/EXECUTIVE /A C oFFICEWMEMBEREXCLUDE07 (Mandatory In NH) I N I NWC 7 92798289(AZ,OR,WI) 10/0112024 10101/2025 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 --- If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:Al L OPERATIONS OF THE INSURED ADDITIONAL INSURED UNDER ALL POLICIES(EXCEPT WORKERS COMPENSAI ION&EMPLOYERS LIABILITY)WHERE REQUIRED BY CONTRACT:CITY OF HUNTINGTON BEACH,ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS WHERE REQUIRED BY CONTRACT,COVERAGE PROVIDED TO THE ADDITIONAL INSUREDS IS PRIMARY&NON-CONTRIBUTORY. APPROVED AS TO FORM i fay__ _ MICHAEL L. GATES CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY CITY OF HUNTINGTON BEACH CITY OF HUIBED PDL(CIE A'NCELLED BEFORE SHOULD ANY OF THE ABOVE HU true 2D00 MAIN STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HUNTINGTON BEACH,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC I ©1988-2016 ACORD CORPORATION. All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 0000022 SP 0291 -001•P00022.1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 Y M • •y 1 . 0291-01.00.0000022.0001.0000402 h* POLICY NUMBER: GI_7092778897 CG2 0101 0/93 Carrier: Continental Casualty Co Effective date: 10/01/2024 -10/01/2025 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED, OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization INSURED MESA ENERGY SYSTEMS,INC. CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH RE ALL OPERATIONS OF THE INSURED CITY OF HUNTINGTON BEACH, ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II)is amended to include as an insured the person or organization shown in the Schedule, hut only with respect to liability arising out of your ongoing operations performed for that Insured. M k Countersigned by Authorized Representative AGENCY CUSTOMER ID: CN102796740 LOC it: New York ACCORD ADDITIONAL REMARKS SCHEDULE - Page 2 of 2 AGENCY NAMED INSURED "'MARSH USA LLC MESA ENERGY SYSTEMS.INC. DBA EMCOR SERVICES MESA ENERGY POLICY NUMBER 2 CROMWELL IRVINE,CA 92618-2011 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance AUTO PHYSICAL DAMAGE COMP!COLL DEDUCTIBLE 6500 FOR WORKER'S COMPENSATION,AUTO LIABILITY,GENERAL LIABILITY AND UMBRELLA LIABILITY: IN THE EVENT OF CANCELLATION OR MATERIAL CHANGE THAT REDUCES OR RESTRICTS TFIE INSURANCE AFFORDED BY THIS COVERAGE PART(OTHER THAN THE REDUCTION OF AGGREGATE LIMITS THROUGH PAYMENT OF CLAIMS AS APPLICABLE),INSURER AGREES TO MAIL PRIOR WRITTEN NOTICE OF CANCELLATION OR MATERIAL CHANGE TO:CERTIFICATE HOLDER SCHEDULE 1.NUMBER OF DAYS ADVANCE NOTICE:FOR ANY STATUTORILY PERMITTED REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE NUMBER OF DAYS REQUIRED FOR NOTICE OF CANCELLATION AS PROVIDED IN PARAGRAPH 2 OF EITHER THE CANCELLATION COMMON POLICY CONDITIONS OR AS AMENDED BY THE APPLICABLE STATE CANCELLATION ENDORSEMENT IS INCREASED TO THE LESSER OF 60 DAYS OR THE NUMBER OF DAYS REQUIRED IN A WRITTEN CONTRACT. FOR NON-PAYMENT OF PREMIUM,TILE GREATER OF(1)THE NUMBER OF.DAYS REQUIRED BY STATE LAW OR(2)THE NUMBER OF DAYS REQUIRED BY WRITTEN CONTRACT. 2.NAME: NOTICE WILL BE MAILED TO:CERTIFICATE HOLDER WORD 101(2008/01) @ 2008 ACORD CORPORATION. All rights I The ACORD name and logo are registered marks of ACORD F+, , 0291.01.00-0000022-0002.0000403 EMCORGROUP, INC COMMERCIAL GENERAL LIABILITY POLICY NUMBER: GL7092778897 CG20370704 EFFECTIVE DATE: 10-1-202A to 10-1-2025 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): INSURED MESA ENERGY SYSTEMS,INC. CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH RE ALL OPERATIONS OF THE INSURED CITY OF HUNTINGTON BEACH,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS Location(s) Of Covered Operations AS PER THE CONTRACT OR WRITTEN AGREEMENT, PROVIDED THE LOCATION IS WITHIN THE"COVERAGE TERRITORY" OF THIS COVERAGE PART Section II-Who Is An insured is amended to the location designated and described in the schedule include as an additional insured the person(s)or of this endorsement performedfor that additional organizatlor(s)shown in the Schedule,but only with insured and included in the"products-completed respectto liability for"bodilyinJury' or"property operations hazard." damage' caused, In whole or in part, by"your work" at CG20370704 Copyright,ISO Properties,Inc.,2004 0291-01-00-0000022-0003-0000404 • • POLICY NUMBER:BUA7092778902 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies Insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are"insureds"for Covered Autos Liability Coverage • under the Who Is An Insured provision of the Coverage Form. Th Is endorsement does not altercoverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date is indicated • below. NamedInsurect EMCOR Group,Inc. Endorsement Effective Date: 1001/2024-1001/2025s SCHEDULE Name Of Person(s)Or Organization(s): INSURED MESA ENERGY SYSTEMS,INC. • CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH • RE ALL OPERATIONS OF THE INSURED CITY OF HUNTINGTON BEACH ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS • Information required to complete this Schedule,if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is "insured' Covered Autos Liability Coverage in the Business an insured for Covered Autos Liability Coverage,but Auto and Motor Carrier Coverage Forms and only to the extent that person or organization qualifies ParagraphD.2. of Section I- CoveredAutos a s an"insured' under the Who Is An insured C overages of the Auto Dealers Coverage Form. provision contained in Paragraph A.1.of Section 1I- CA20481013 Copyright Insurance Services Office,Inc.,2011 Page 1 of 1 CNAPrimaryand Noncontributory-Other Insurance Condition - Scheduled Persons or Organizations Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE INSURED MESA ENERGY SYSTEMS, INC. CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH RE ALL OPERATIONS OF THE INSURED CITY OF HUNTINGTON BEACH, ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS It is understood and agreed that the condition entitled Other Insurance is amended to add the following PrimaryAnd Noncontributory Insurance Notwithstanding anything to the contrary, with respect to any person or organization shown in the Schedule above, any insurance provided by this Coverage Part to any such person or organization is primary to and will not seek contribution from any other insurance available to any such person or organization, provided that 1. Such person or organization is a named insured under such other insurance; or 2. Such person, if a natural person, qualifies as an insured under such other Insurance based on wording similar to paragraph 1 or paragraph 2 of the section entitled WHO IS AN INSURED of this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA100109XX(11-20) Policy No: GL 7092778897 Page 1 of 1 Endorsement No: Insured Name: Emcor Group, Inc. Effective Date: 10`0 Y2024 Copyright CNAAII Rights Reserved. OLA 0291-01.00-0000022-0004.0000405 ar • sh • Dear Certificate Holder: To streamline certificate delivery for our clients and in an effort to support our firm's commitment to sustainability,going forward,we will only be providing renewal certificates of insurance electronically. If you need to continue receiving a copy of the attached certificate, please send an email to USOperations.email@marsh.com and include the following: --Certificate t (Shown below Insured Name—e.g.,ABC-123456789-01) --E-Mail for future delivery For your convenience, If we do not receive your response,we will conclude that you no longer require proof of insurance from the named insured and will remove you from our records. Thank you, US Operations, Marsh USA,LLC A business of Marsh McLennan . SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MESA ENERGY SYSTEMS, INC. DBA EMCOR SERVICES MESA ENERGY FOR HVAC AND RELATED SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and Mesa Energy ystems Inc dba Emcor Services Mesa Energy , a California Corporation hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of. maintenance repairs and installation of building automation heating, ventilating, and air conditioningsystems. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in in Exhibit A which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Aaron Fletcher/Justin Davie who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. Page I of 9 2016 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "A." The total sum to be expended under this Agreement, shall not exceed DOLLAR AMOUNT PER CITY PURCHASE ORDER subject to Huntington Beach Municipal Code Chapter 3.020.080 — good and/or services obtained from or through agreement with an governmental public or quasi-public entity 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. 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence January 1 2020 or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate December 31, 2024 , unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for two (2) additional one year periods if mutually agreed to in writing by both parties. All tasks specified in Exhibit "A" shall be completed at the frequency, time and schedule indicated in Exhibit "A". The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. Page 2 of 9 2016 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver 'of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable Page 3 of 9 2016 to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. Page 4 of 9 2016 13. Conflict of Interest 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. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial Page 5 of 9 2016 interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: To Contractor: City of Huntington Beach Mesa Energyystems, Inc. dba Emcor Attn: Jerry Thompson Services Mesa Energy 2000 Main Street ATTN: Justin Davie/Aaron Fletcher Huntington Beach, CA 92648 2 Cromwell Irvine, CA 92618 949-460-0460 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so Page 6 of 9 2016 expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. 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. Page 7 of 9 2016 28. Jurisdiction - Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. 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 Huntington Beach 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. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories 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 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. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also Page 8 of 9 2016 acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Manager. This Agreement shall expire when terminated as provided herein. CONTRACTOR: MESA ENERGY SERVICES. INC. DBA EMCOR SERVICES MESA ENERGY CITY OF HUNTINGTON BEACH, a f" municipal corporation of the State of By: _ California 644AJ7-U(,i- ReEAC-� INITIATED AND APPROVED: print name ITS: (circle one) Chainnan/Presiden ice President AND Public or ect By: \1..= -? APPROVED AS TO FORM: print name I : (,4rcle one) Secretary/Vice-Presiden hief LU, Lpl:t� Financ-ial Off er/Asst. Secretary-Treasurer City Attorney VI WED A A PROVED: ---f City Manager RECEIVED: 7� City Clerk Ar Page 9 of 9 2016 Mesa Energy Systems,Inc.dba Emcor Services Mesa Energy EXHIBIT A 1. CONTRACTOR to provide proposal and quote as requested per PROJECT. Acceptance of quote is confirmed only upon issuance and vendor receipt of CITY Purchase Order, subject to compliance with HBMC Chapter 3.02.080. 2. Scope of Work to be determined as needed per PROJECT and shall be identified in CONTRACTOR'S proposal. 3. Qualifying public works projects are subject to the prevailing wage, apprenticeship, and reporting requirements per the California Department of Industrial Relations. 1of1 A�Q® DATE(M VY ) CERTIFICATE OF LIABILITY INSURANCE ozrzs/2020o2o YY 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: ***MARSHFAX•MARSH USA INC PHONE 1166 AVENUE OF THE AMERICAS A/C No NEW YORK,NY 10036 Mir- ADDRESS: Phone:866-966-4664 Emcor.Certrequest@marsh.00m I Fax: 203-229-6787 INSURERS AFFORDING COVERAGE NAIC I CN 102796740-EMC-SER-1 9-20 DGJT X INSURER A:Continental Casualty Company 20443 INSURED MESA ENERGY SYSTEMS,INC. INSURER B:American Casualty Company of Reading,PA 20427 DBA EMCOR SERVICES MESA ENERGY INSURER C:Transportation Insurance Co 20494 2 CROMWELL INSURER D:N/A N/A IRVINE,CA 92618-2011 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: NYC-009883566-19 REVISION NUMBER: 7 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 ADDL SUBR POLICY EFF POLICY EXP UNITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYY) (MMID A X COMMERCIAL GENERAL LIABILITY GL 6078848337 10101/2019 10/01/2020 EACH OCCURRENCE $ 2,000,000 DAMAGE TO R-TID CLAIMS-MADE FxI OCCUR PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 25.000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 POLICY a jE LOC PRODUCTS-COMP/OP AGG 3 14,000,000 5 OTHER: A AUTOMOBILE LIABILITY BUA6078848368 10/01/2019 10/01/2020 EaaxaeDtSINGLELIMIT $ 2000000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPER AMAGE $ AUTOS ONLY AUTOS ONLY Auto Physical Damage $ Included UMBRELLA LIAB OCCUR EACH OCCURRENCE b EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION 9 B WORKERS COMPENSATION WC 6 78864408(AOS) I / 01/2020 X AND EMPLOYERS'LIABILITY PTATUTE ER ER OTH- B Y/N WC 6 78854106(CA) 1010112019 10101/2020 E.L.EACH ACCIDENT y 1,000,000 ANYPROPRI ETOR/PARTNER/EXECUTIVE C (Mandatory In ER EXCLUDED? N/A WC6788564554(AZ,OR,W) 10/01/2019 10/01/2020 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory In NH) It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE:ALL OPERATIONS OF THE INSURED ADDITIONAL INSURED UNDER ALL POLICIES(EXCEPT WORKERS COMPENSATION&EMPLOYERS LIABILITY)WHERE REQUIRED BY CONTRACT:CITY OF HUNTINGTON BEACH,ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS WHERE REQUIRED BY CONTRACT,COVERAGE PROVIDED TO THE ADDITIONAL INSUREDS IS PRIMARY&NON-CONTRIBUTORY. AP TO FORM By:CERTIFICATE HOLDER CANCELLATION fb16AS ATT CrrY OF� Z. ThI�12S CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICI Y CATJLRLW BEFORE 2000 MAIN STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HUNTINGTON BEACH,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102796740 LOC#: Norwalk ACC® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 II*�. AGENCY NAMED INSURED "'MARSH USA INC MESA ENERGY SYSTEMS,INC. DBA EMCOR SERVICES MESA ENERGY POLICY NUMBER 2 CROMWELL IRVINE,CA 92618-2011 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance AUTO PHYSICAL DAMAGE COMP I COLL DEDUCTIBLE$500 FOR WORKER'S COMPENSATION,AUTO LIABILITY,GENERAL LIABILITY AND UMBRELLA LIABILITY: IN THE EVENT OF CANCELLATION OR MATERIAL CHANGE THAT REDUCES OR RESTRICTS THE INSURANCE AFFORDED BY THIS COVERAGE PART(OTHER THAN THE REDUCTION OF AGGREGATE LIMITS THROUGH PAYMENT OF CLAIMS AS APPLICABLE),INSURER AGREES TO MAIL PRIOR WRITTEN NOTICE OF CANCELLATION OR MATERIAL CHANGE TO:CERTIFICATE HOLDER SCHEDULE 1.NUMBER OF DAYS ADVANCE NOTICE:FOR ANY STATUTORILY PERMITTED REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE NUMBER OF DAYS REQUIRED FOR NOTICE OF CANCELLATION AS PROVIDED IN PARAGRAPH 2 OF EITHER THE CANCELLATION COMMON POLICY CONDITIONS OR AS AMENDED BY THE APPLICABLE STATE CANCELLATION ENDORSEMENT IS INCREASED TO THE LESSER OF 60 DAYS OR THE NUMBER OF DAYS REQUIRED IN A WRITTEN CONTRACT. FOR NON-PAYMENT OF PREMIUM,THE GREATER OF(1)THE NUMBER OF DAYS REQUIRED BY STATE LAW OR(2)THE NUMBER OF DAYS REQUIRED BY WRITTEN CONTRACT. 2.NAME: NOTICE WILL BE MAILED TO:CERTIFICATE HOLDER ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER GL 6078848337 CG 201 0 1 0/93 Carrier: Continental CasualtVCo Effective date: 10/01/2019 -10/01/2020 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED, OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization INSURED MESA ENERGY SYSTEMS, INC. CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH RE ALL OPERATIONS OF THE INSURED CITY OF HUNT INGTON BEACH, ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II) is amended to include as an insured the person or organization shown in the Schedule,but onlywith respect to liability arising out of your ongoing operations performed forthat insured. CMAM Countersigned b1 Authorized Representative EMCOR GROUP , INC COMMERCIAL GENERAL LIABILITY POLICY NUMBER: GL6078848337 CG20370704 EFFECTIVE DATE: 10-1-2019 to 10-1-2020 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): INSURED MESA ENERGY SYSTEMS, INC. CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH RE ALL OPERATIONS OF THE INSURED CITY OF HUNTINGTON BEACH, ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS Location(s) Of Covered Operations AS PER THE CONTRACT OR WRITTEN AGREEMENT, PROVIDED THE LOCATION IS WITHIN THE"COVERAGE TERRITORY' OF THIS COVERAGE PART Section II-Who Is An Insuredis amended to includE the location designated and described in the schedule as an additional insured the person(s) or of this endorsement performed forthat additional organization(s)shown in the Schedule, but only with insured and included in the"products-completed respect to liability for"bodily injury' or"property operations hazard." damage" caused, in whole or in part, by"your work" at CG 20 37 07 04 Copyright,ISO Properties,Inc.,2004 Page 1 of 1 POLICY NUMBER BUA607884838B COMMERCIAL AUTO CA20 4810 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided underthe following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respectto coverage provided bythis endorsement,the provisions ofthe Coverage Form apply unless modified bythis endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: EMCOR Group, Inc. Endorsement Effective Date: 10/1/2019 SCHEDULE Name Of Persons) Or Organizations): INSURED MESA ENERGY SYSTEMS, INC. CERTIFICATE HOLDER CITY OF HUNT INGTON BEACH RE ALL OPERATIONS OF THE INSURED CITY OF HUNTINGTON BEACH, ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is Covered Autos Liability Coverage in the Business an"insured"for Covered Autos Liability Coverage,but Auto and Motor Carrier Coverage Forms and only to the extent that person or organization qualifies Paragraph D.2. of Section I- Covered Autos as an"insured" under the Who Is An Insured Coverages of the Auto Dealers Coverage Form. provision contained in ParagraphA.1.of Section II- CA20481013 Copyright,Insurance Services Office,Inc., 2011 Page 1 of 1 CAfA G 300 (Ed.05/09)5109) POLICY NUMBER: GL 6078848337 Carrier: Continental Casualty Company Effective Date: 10-1-19 to 10-1-2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDMENT - OTHER INSURANCE PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph a Primary Insurance of4. Other Insurance of Section IV-Commercial General Liability Conditions is deleted and replaced with the following a. Primary Insurance (1)You have agreed in writing in a contractor This insurance is primary except when Paragraph agreement thatthis insurance will be b.below applies.If this insurance is primary,our primary and non-contributory;and obligations are notaffected unless anyof the other insurance is also primary.Then,we will share with (2)The written contract or written agreement all that other insurance by the method described in was executed prior to: Paragraph c.below.However,coverage afforded to (a)The"bodily injury" or"property an additional insured under the terms of an damage"; or endorsement attached to this policy is primary (b)The offense that caused the"personal insurance and we will not seek contribution from and advertising injury" any such additional insured's primary insurance if: forwhich the additional insured seeks coverage underthis Coverage Part INSURED MESA ENERGY SYSTEMS, INC. CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH RE ALL OPERATIONS OF THE INSURED CITY OF HUNTINGTON BEACH, ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS G300703-A Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Pagel of 1 (Ed.05A09) CONTRACT SUMMARY and ROUTING SLIP SERVICE AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND MESA ENERGY SYSTEMS INC. DBA EMCOR SERVICES MESA ENERGY FOR HVAC AND RELATED SERVICES ISSUING DEPT/REQUESTED BY: Public Works STAFF CONTACT: Debra Jubinsky, ext. 5321 or Jerry Thompson, ext. 8845 BUDGETED: Yes Services will be procured per job based on approved budgeted funds in Capital Improvements Program and Public Works operating budgets. Prices per interagency agreement, subject to the review of Finance Department and the issuance of a City purchase order. VENDOR: MESA ENERGY SYSTEMS, INC. DBA EMCOR SERVICES MESA ENERGY SERVICES: Provide maintenance, repairs, and installation of building automation, heating, ventilating and air conditioning systems. BASIS OF AWARD: Interagency—subject to review and approval of Finance Department for compliance with HBMC 3.02. CONTRACT AMOUNT: Procurement per job and per the Finance Dept. purchase requisition process, subject to available budgeted funds. CONTRACT DURATION: 5 years, with possible 2 ea. one-year extensions TOTAL CONTRACT VALUE OVER 5-YEAR INITIAL TERM: Per available budget and purchase order NOTES: Finance Dept. has requested that we bind the vendor to our general terms, conditions and hold harmless using city form service agreement in order to issue purchase orders where competitive pricing is confirmed by interagency agreement. PLEASE ROUTE TO: City Attorney City Manager City Clerk