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HomeMy WebLinkAboutCJW Construction - 2021-04-12 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CJW CONSTRUCTION FOR LPG TANKS REMOVAL AND REPLACEMENT THIS AGREEMENT ("Agreement') is made and entered into by and between the City of l-luntington Beach, a municipal corporation of the State of California, hereinafter called "City," and CJ W Construction, a California Limited Liability Corporation, hereinafter referred to as "Contractor.' Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field ofjanitorial and porter services. 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. Scone of Services Contractor shall provide all services as described 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 Tom Berry, 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. 21-9355/247827 I 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 "B." The total sum to be expended under this Agreement, shall not exceed One Hundred Ninety-Eight Thousand Dollars ($198,000). 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. C. Contractor shall be paid pursuant to the terms of Exhibit "B." d. Term Time is of the essence of this Agreement. The services of Contractor are to commence April 12, 2021 , or as soon as practicable after the execution of this Agreement by City (the '`Commencement Date") and terminate ninty (90) days after the commencement date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended far 2 additional one-year periods if mutually agreed to in writing by both parties. 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, date 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. 21-9355/247827 2 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 Comnensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 el 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 tinder 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 of 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 21-9355/247827 3 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) 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 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 time 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 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. This 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. 21-9355/247827 4 12. Indenendent 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. 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 the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which hails 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. 21-9355/247827 5 16. Assignment Inasmuch as to 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. Cih, 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 interest in this Agreement in violation ofthe 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 I hereinabove) or to City as the situation shall warrant, or by enclosing the same in a scaled 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 Citv: Contractor: City off-luntington Beach CJW Construction Attn: Chris Cassotta Attn: Joe Matthewson 2000 Main Street 841 Last Washington Avenue Huntington Beach, CA 92648 Santa Ana, CA 92701 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. 2 I-93»/247827 6 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 pans 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 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. Dunlicate 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 21-9355/247827 7 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. 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'Califomia and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and govemed by the laws of the State of Califomia. 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, through 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 21-9355/247827 8 30. A.ttornev'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 attomey's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing 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. Siamatorics 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. Entireri, (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 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. 21-9355/247827 9 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 Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of CJW CONSTRUCTION California By: City Manager Davliel Duarte INITIA' DAND print name ITS: (circle one) Chairm residen ice President i or of Pub -ic orks AND APPROVED AS TO11 FORM: By. nl-�.-' t/•. 1a 7 67 7 fity Attorney 7a print nam Date _ ITS: (circle one acre Chief Financial Officer/Asst. Secretary— reasurer RECEIVE AND FILE: !A Liolu City Clerk t—= Date 21-9355/247827 10 EXHIBIT "A" A. STATEME\TOP WORK: (Narrative ol'work to be performed) Contractor remove and replace Liquefied Petroleum Gas (LPG) Tanks for the City of Huntington Beach Water Division 13. CONSULTANT'S DU"1'I1:iS AND RESPONS113I1.,I'I'II"S7 Remove and replace existing L1'G tanks Mount new tank to the concrete pad. Connect new tank to existing supply line. Each existing tank nulst be evacuated, refilled, and re-installed on the same day. Original fuel can be rc-used. The used tanks will become property of the contractor. New tanks must be ASME certified. powder coated white, and include appropriate decals. C. CH Y'S DUTIES AND RESPONSIBILITIES: I . City will make payments on a timely basis as stated in L'xhibit B 2. City will provide access to work site. D. WORK PROGRAM/PRO.TCT SCHEDULE: Word to conuncncc upon notification from the City and be performed in a timely manner. SurQral 1:0ihit A EXHII311 "B" Payment Schedule (Fixed Fie Payincnt) I. CONTRACTOR shall be entitled to monthly progress payments toward the fixed fie set forth herein in accordance with the following progress and payment schedules. '_. Delivery of work product: A copy of every memoran(Ium. letter. report, calculation and other documentation prepared by CONTRACTOR shall be subntittctl to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product. Cfl'Y shall identify specific requirements lot- satisfactory completion. 3. CONTRACTOR shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement B) Describe the services performed: C) Show the total amount of the payment due: D) Include it certification by a principal member of CONTRACfOR's Firm that the work has been perfonned in accordance with the provisions of this Agreement: and G) For all payments include an estimate acme percasTe of work completed. Upon submission of any such invoice. if (VITA' A satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement. CITY shall approve the invoice. in which event payment shall be nade within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. IrCITY does not approve art invoice. CITY shall notify CONTRACTOR in writing of the reasons for non-approval and the schedule of perfonnance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past perfitrnance by CONTRACTOR is in. or has been brought into compliance_ or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of' the information required above. and in addition shall list the homy expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance mill the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing per-Irmance of the remainder of this Agreement. EXIH13IT 13 Fixed Fee Payment Ac R CERTIFICATE OF LIABILITY INSURANCE �hIMM9D Y `� 4122Q021 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 policyiies)must have ADDITIONAL INSURED provisions or be endorsed. N SUBROGATION IS WANED, 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). PRDIXICFA CONTACT NAME Yvonne Chong Alliant Insurance Semces, Inc. PHONE gag 66C 5967 1301 Dove Street, Surte 200 WC.No.EAu. _ Newport Beach CA 92660-2436 EADOPL s yEhong aaroam cam INSURERj51AFFORDINGCOVERAGF NAIPe INSURER Federal Insurance Company 20281 NSURED INSURER B Execlltive Risk Indemnity Inc 35181 CJW Construction, Inc. 841 E Washington Ave. Unit B INSURER Ahed',Vorld National Assuranc 10690 Santa Ana CA 92701 INSURER D Indian Harbor Insurance Compan36940 INSURER Slarl Indemnity B LiabJity CO 38318 INSURER F COVERAGES CERTIFICATE NUMBER:567713308 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. sm ADDTYPE0NSIIRAIR.'f LAUM —-- POLICYNUHMER WDW EFT IIYnTf a X COEEaC1 GENERLLL#AKM 5430945"2 10110OM IOM/2021 EACHOCCURRENCE 11.000,000 DAMAGE TO FIENTEv C ARIB-MAM E]OCCUR 3100.000 WO EXP GAGA poni $5.000 PEIiS01AL lAo✓NAIRY $1,000.000 DEML AGGREGATE LM APPLIES PER: CENERALAGGREGATE $2.000.000 ji POLICY 0 JEECT ❑Loc APPRtHUNWTINON PRODUCTS•COLIPIDPAGG s2.000.000 OTHER. D.nrler S 5.000 A AUfONON"LLABLRY 54309/554221 AgodR LIMIT S1,000,000 (Esx ll ANY AUTO MI ODD�LYewRYIPiv wr l s X OWNETOS D ASCHEs°OLED C BOOLY IWIMY(Pw am ) S X HIRED X MONaMeED CITY OF oA IAOEs AUTOS ONLY AUTOS ONLYDtliHBN s1,000C X 11raRElL1 UAa X octuR 03115a50-02 1011=1 EACHOCCURFIENCE s18000.000 E 10ODS86615201 1 OW2020 10MQG21 EJtCEEs LAB CLAIMSiAOE AGGREGATE $1a 000.000 OW I x S A 70OMPDMTM 54309535 1011/M20 itin 21 XAEL.EACHACCDENT S 1,000,EA REXCLUME M N") E.L DISEASE-EA EMPLOYE S 1.000.000 ON OF OPERATIONS E 1.DISEASE-POLICY I,MIT S 1 000,000 0 PHa Leo Lawry PECOOSSS18301 1W112020 10M/M21 o¢lAApp99 f5M IMIA Pvdwwwwal luaweiy CI Arm $50 I310M SIR $50 000 OESCR/TIDN OF OPEMTIONS I LOCATDNS I VEHICLES OLCORU 101.AeletlpMl RwlvAa aCIN41ilk wen M NbFliaa I mart FPFCF 4I.W"d) Re LPG Tanks Removal and Replacement. Huntington Beach,CJW Job No. 1232. The City of Huntington Beach.ds officers,elected or appointed offioals.employees,agents and volunteers are named as additional insured on a primary and non-contributory basis per the attached endorsements. Waiver of suDrogatWn apples in favor of additional insureds per the attached endorsements CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT)ON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street AUTNoaIaDREPREscxTArrvE Huntington Beach CA 92648 C 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER-. 54309459-02 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the fdlowing. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) a Or anization s Locations Of Covered Operations The City o Huntington Beach, its o icers, elected or appointed officials, Iemmpployees, agents and volunteers V Information required to complete this Schedule. if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds. the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for 'bodily injury', "property damage" or "personal and advertising injury" This insurance does not apply to "bodily injury' or "property damage"occurring after caused, in whole or in part, by: 1. Al work, including materials, parts or 1. Your acts or omissions. or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service. behalf, maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed, or However: 2. That portion of "your work" out of which the njury or damage apses has been put to its 1. The insurance afforded to such additional i intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law. and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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. CG 20 10 04 13 O Insurance Services Office, Inc , 2012 Page 1 of 2 C. Wth respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III —Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 O Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: 54309459-02 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Huntington Beach, its officers, elected or appointed officials, employ es, agents and volunteers information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for -bodily injury" or If coverage provided to the additional insured is 'property damage' caused, in whole or in part, by required by a contract or agreement, the most we .your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the 'products-completed operations 1. Required by the contract or agreement. or hazard". 2. Available under the applicable Limits of However. Insurance shown in the Declarations: 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law, and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additonal 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. CG 20 37 04 13 Q Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER. 54309459-02 COMMERCIAL GENERAL LIABILITY 10.02.2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: Per written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Paragraph 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is pnmary to and will not seek contribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under this policy provided that: (1) The Additional Insured is a named insured under such other insurance: and (2) You have agreed in wnting 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. 10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office. Inc . Page 1 of 1 wth its permission. POLICY NUMBER: 54309459-02 COMMERCIAL GENERAL LIABILITY Form 10-02-1800 (Rev. 6-09) c. Method Of Sharing To the extent that the insureds rights to recover If all of the other insurance permits contribution all or part of any payment made under this Cover- by equal shares, we will follow this method al- age Part have not been waived, those rights are so. Under this approach each insurer contnb- transferred to us. The insured must do nothing af- utes equal amounts until it has paid its appli- ter loss to impair them AI our request, the insured cable limit of insurance or none of the loss will bring 'suit' or transfer those rights to us and remains, whichever comes first help us enforce them. If any of the other insurance does not permit This condition does not apply to Coverage C. contribution by equal shares, we will contribute 9. When We Do Not Renew by limits. Under this method, each insurer's If we decide not to renew this Coverage Part, we share is based on the ratio of its applicable lim- will mail or deliver to the first Named Insured it of insurance to the total applicable limits of shown in the Declarations written notice of the insurance of all insurers nonrenewal not less than 30 days before the expi- 5. Premium Audit ratan date. a. We will compute all premiums for this Cover- If notice is mailed, proof of mailing will be sufficient age Part in accordance with our rules and proof of notice rates. SECTION V— DEFINITIONS b. We may audit your books and records as they 1 'Advertisement' means an electronic, oral, written relate to this insurance at any time during the or other notice, about goods, products or services, term of this policy and up to three years after- designed for the specific purpose of attracting the wards. public or a general p specific market segment to use c. The first Named Insured must keep records of such goods, products or services the information we need for premium computa- "Advertisement- does not include any e-mail ad- ton, and send us copies at such times as we dress, Internet domain name or other electronic may request address or metalanguage 6. Representations 2. "Advertising injury" means injury. other than 'bodi- By accepting this policy, you agree ly injury", 'property damage"or `personal injury". a. The statements in the Declarations are accu- sustained by a person or organization and caused rate and complete. by an offense of infringing, in that particular part of b. Those statements are based upon representa- your'advertisement' about your goods. products lions you made to us. and or services, upon their. c. We have issued this policy in reliance upon a. Copyrighted "advertisement". or your representations. b. Registered collective mark, registered service T. Separation Of Insureds mark or other registered trademarked name, Except with respect to the Limits of Insurance, and slogan, symbol or title. any rights or duties specifically assigned in this 3. -Asbestos" means asbestos in any form, including Coverage Part to the first Named Insured, this in- its presence or use in any alloy, by-product, com- surance applies: pound or other material or"waste a. As if each Named Insured were the only 4. 'Auto' means. Named Insured; and a. A land motor vehicle, trailer or semitrailer de- b. Separately to each insured against whom signed for travel on public roads. including any claim is made or "suit" is brought. attached machinery or equipment, or 8. Transfer Or Waiver Of Rights Of Recovery b. Any other land vehicle that is subject to a corn- Against Others To Us pulsory or financial responsibility law or other motor vehicle insurance law in the state where We will waive the right of recovery we would oth- 1 is licensed a principally garaged erwhse have had against another person or organ- ization, for loss to which this insurance applies. However, "auto" does not include "mobile equip- provided the insured has waived their rights of re- ment'. covery against such person or organization in a 5."Bodily injury" means physical: contract or agreement that is executed before a. Injury such loss. b. Sickness, or c. Disease, Page 12 of 16 Includes copyrighted material of ISO Properties. Form 10-02-1800 (Rev. 6-09) Inc . with its permission POLICY NUMBER: 54309459-02 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Per written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I —Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- t. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal 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". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I —Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to ongoing operations at a single des- reduce the Products-completed Operations Ag- ignated construction project shown in the Sched- gregate Limit, and not reduce the General Ag- ule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable, and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ POLICY NUMBER: 54309459-02 COMMERCIAL GENERAL LIABILITY 10.02-2494 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement modifies the following: COMMON POLICY CONDITIONS SCHEDULE Name(s) and Address(es): ALL PERSONS OR ORGANIZATIONS AS ON FILE WITH US The following Condition is added: Notice Of Cancellation Or Non-Renewal To Specified Persons Or Organizations 1. If we cancel or non-renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non-renewal to any Person(s) or Organization(s) shown in the Schedule Thirty (30) days prior to the effective date of cancellation or non-renewal. Z If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Person(s) or Organization(s) shown in the Schedule Ten (10) days prior to the effective date of cancellation. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation or non-renewal with respect to any other person(s) or organization(s). 10-02-2494 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. Policy No. (20)54309458-02 COi\IMERC1AL AUTONIOBILE THIS ENDORSEINIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM borrow in your business or your personal This endorsement modifies the Business Auto Coverage Form, affairs. 1. EXTENDED CANCELLATION CONDITION C. Lessors as Insureds Paragraph A.2.b. —CANCELLATION -of the Paragraph A.1. —WHO IS AN INSURED —of COMMON POLICY CONDITIONS form IL 00 17 is SECTION II — LIABILITY COVERAGE is deleted and replaced with the following: amended to add the following: b. 60 days before the effective date of cancellation if e. The lessor of a covered "auto"while the we cancel for any other reason. auto" is leased to you under a written 2. BROAD FORM INSURED agreement if: A Subsidiaries and Newly Acquired or Formed (1) The agreement requires you to Organizations As Insureds provide direct primary insurance for The Named Insured shown in the Declarations is the lessor; and amended to include: (2) The "auto" is leased without a driver. 1. Any legally incorporated subsidiary in which Such leased"auto"will be considered a you own more than 50% of the voting stock on covered "auto" you own and not a covered the effective date of the Coverage Form. auto"you hire. However, the Named Insured does not include However, the lessor is an "insured"only any subsidiary that is an "insured" under any for"bodily injury" or"property damage" other automobile policy or would be an resulting from the acts or omissions by: "insured" under such a policy but for its 1. You; termination or the exhaustion of its Limit of 2. Any of your"employees" or agents; Insurance. or 2. Any organization that is acquired or formed by 3. Any person, except the lessor or you and over which you maintain majority any"employee" or agent of the ownership. However, the Named Insured lessor, operating an "auto"with the does not include any newly formed or acquired permission of any of 1. and/or 2. organization: above. (a)That is an "insured" under any other D. Persons And Organizations As Insureds automobile policy; Under A Written Insured Contract (b)That has exhausted its Limit of Insurance Paragraph A.1 —WHO IS AN INSURED— of under any other policy; or SECTION II —LIABILITY COVERAGE is (c) 180 days or more after its acquisition or amended to add the following: formation by you, unless you have given f. Any person or organization with respect to us written notice of the acquisition or the operation, maintenance or use of a formation. covered "auto", provided that you and Coverage does not apply to"bodily injury"or such person or organization have agreed "property damage" that results from an "accident" under an express provision in a written that occurred before you formed or acquired the "insured contract",written agreement or a organization. written permit issued to you by a B. Employees as Insureds governmental or public authority to add Paragraph A.1.—WHO IS AN INSURED—of such person or organization to this policy SECTION II —LIABILITY COVERAGE is amended to as an "insured". add the following: However, such person or organization is d. Any"employee"of yours while using a an "insured" only: covered "auto" you don't own, hire or Form: 16-02-0292 (Rev. 4-11) Page I of3 Includes copyrighted material of Insurance Services Office, Inc. with its permission" (1) with respect to the operation, d. Rental Expense maintenance or use of a covered We will pay the following expenses that you or "auto"; and any of your"employees" are legally obligated (2) for"bodily injury"or"property damage" to pay because of a written contract or caused by an"accident"which takes agreement entered into for use of a rental place after: vehicle in the conduct of your business: (a) You executed the "insured MAXIMUM WE WILL PAY FOR ANY ONE contract"or written agreement; or CONTRACT OR AGREEMENT: (b) The permit has been issued to 1. $2,500 for loss of income incurred by the you. rental agency during the period of time that 3. FELLOW EMPLOYEE COVERAGE vehicle is out of use because of actual EXCLUSION B.S. - FELLOW EMPLOYEE-of damage to, or"loss"of, that vehicle, including SECTION II -LIABILITY COVERAGE does not apply. income lost due to absence of that vehicle for 4. PHYSICAL DAMAGE-ADDITIONAL TEMPORARY use as a replacement, TRANSPORTATION EXPENSE COVERAGE 2. $2,500 for decrease in trade-in value of the Paragraph A.4.a.-TRANSPORTATION EXPENSES rental vehicle because of actual damage to -of SECTION III -PHYSICAL DAMAGE that vehicle arising out of a covered "loss": and COVERAGE is amended to provide a limit of$50 per 3. $2,500 for administrative expenses incurred day for temporary transportation expense, subject to a by the rental agency, as stated in the contract maximum limit of 51,000. or agreement. S. AUTO LOAN/LEASE GAP COVERAGE 4. 57,500 maximum total amount for paragraphs Paragraph A. 4. -COVERAGE EXTENSIONS -of 1., 2.and 3. combined. SECTION III -PHYSICAL DAMAGE COVERAGE is 7. EXTRA EXPENSE - BROADENED COVERAGE amended to add the following: Paragraph A.4. -COVERAGE EXTENSIONS-of c. Unpaid Loan or Lease Amounts SECTION III- PHYSICAL DAMAGE COVERAGE In the event of a total "loss'to a covered "auto", we will is amended to add the following: pay any unpaid amount due on the loan or lease for a e. Recovery Expense covered "auto" minus: We will pay for the expense of returning a 1. The amount paid under the Physical Damage stolen covered "auto"to you. Coverage Section of the policy; and 8. AIRBAG COVERAGE 2. Any: Paragraph B.3.a. - EXCLUSIONS-of SECTION a. Overdue loan/lease payments at the time of III -PHYSICAL DAMAGE COVERAGE does not the"loss"; apply to the accidental or unintended discharge of b. Financial penalties imposed under a lease for an airbag. Coverage is excess over any other excessive use, abnormal wear and tear or collectible insurance orwarranty specifically high mileage, designed to provide this coverage. c. Security deposits not returned by the lessor: 9. AUDIO,VISUAL AND DATA ELECTRONIC d. Costs for extended warranties, Credit Life EQUIPMENT-BROADENED COVERAGE Insurance, Health, Accident or Disability Paragraph C.2. -LIMIT OF INSURACE-of Insurance purchased with the loan or lease: SECTION III- PHYSICAL DAMAGE is deleted and and replaced with the following: e. Carry-over balances from previous loans or 2. $2,000 is the most we will pay for"loss"in any leases. one "accident"to all electronic equipment that We will pay for any unpaid amount due on the loan or reproduces, receives or transmits audio, visual lease if caused by: or data signals which,at the time of"loss', is: 1. Other than Collision Coverage only if the a. Permanently installed in or upon the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; covered 'auto"in a housing, opening or 2. Specified Causes of Loss Coverage only if the other location that is not normally used by Declarations indicate that Specified Causes of the "auto'manufacturer for the installation Loss Coverage is provided for any covered"auto"; of such equipment; or b. Removable from a permanently installed 3. Collision Coverage only if the Declarations indicate housing unit as described in Paragraph that Collision Coverage is provided for any 2a.above or is an integral part of that covered 'auto. equipment; or 6. RENTAL AGENCY EXPENSE c. An integral part of such equipment. Paragraph A. 4.- COVERAGE EXTENSIONS-of SECTION III- PHYSICAL DAMAGE COVERAGE is amended to add the following: Fonn: 16-02-0292 (Rev. 4-11) Page 2 of "Includes copyrighted material of Insurance Services Office. Inc. with its permission" 10. GLASS REPAIR —WAIVER OF DEDUCTIBLE applies, provided the"insured" has waived Under Paragraph D. - DEDUCTIBLE—of their rights of recovery against such person or SECTION III— PHYSICAL DAMAGE COVERAGE organization under a contract or agreement the following is added: that is entered into before such"loss". No deductible applies to glass damage if the glass To the extent that the"insured's" rights to is repaired rather than replaced. recover damages for all or part of any 11. TWO OR MORE DEDUCTIBLES payment made under this insurance has not Paragraph D.-DEDUCTIBLE —of SECTION III — been waived, those rights are transferred to PHYSICAL DAMAGE COVERAGE is amended to us. That person or organization must do add the following: everything necessary to secure our rights and If this Coverage Form and any other Coverage must do nothing after"accident"or"loss"to Form or policy issued to you by us that is not an impair them. At our request, the insured will automobile policy or Coverage Form applies to the bring suit or transfer those rights to us and same"accident", the following applies: help us enforce them. 1. If the deductible under this Business Auto Coverage Form is the smaller(or smallest) 14. UNINTENTIONAL FAILURE TO DISCLOSE deductible, it will be waived; or HAZARDS 2. If the deductible under this Business Auto Paragraph 8.2. —CONCEALMENT, Coverage Form is not the smaller(or smallest) MISREPRESENTATION or FRAUD of SECTION deductible, it will be reduced by the amount of IV—BUSINESS AUTO CONDITIONS -is deleted the smaller(or smallest)deductible. and replaced with the following: If you unintentionally fail to disclose any hazards 12. AMENDED DUTIES IN THE EVENT OF existing at the inception date of your policy, we will ACCIDENT, CLAIM, SUIT OR LOSS not void coverage under this Coverage Form Paragraph A.2.a. - DUTIES IN THE EVENT OF because of such failure. AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is 15. AUTOS RENTED BY EMPLOYEES deleted and replaced with the following: Paragraph B.S. - OTHER INSURANCE of a. In the event of"accident", claim, "suit" or SECTION IV—BUSINESS AUTO CONDITIONS - "loss", you must promptly notify us when the is amended to add the following: "accident" is known to: e. Any"auto" hired or rented by your"employee" (1) You or your authorized representative, if on your behalf and at your direction will be you are an individual; considered an "auto"you hire. If an (2) A partner, or any authorized employee's"personal insurance also applies representative, if you are a partnership; on an excess basis to a covered "auto" hired (3) A member, if you are a limited liability or rented by your"employee"on your behalf company; or and at your direction, this insurance will be (4) An executive officer, insurance manager, primary to the"employee's"personal or authorized representative, if you are an insurance. organization other than a partnership or 16. HIRED AUTO— COVERAGE TERRITORY limited liability company. Paragraph 13.7.b.(5).(a) - POLICY PERIOD, Knowledge of an "accident", claim, "suit" or COVERAGE TERRITORY of SECTION IV— loss" by other persons does not imply that the BUSINESS AUTO CONDITIONS is deleted and persons listed above have such knowledge. replaced with the following: Notice to us should include: (a) A covered"auto"of the private passenger (1) How, when and where the "accident" or type is leased, hired, rented or borrowed loss" occurred; without a driver for a period of 45 days or (2) The"insured's"name and address; and less; and (3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE addresses of any injured persons or Paragraph C.of- SECTION V— DEFINITIONS is witnesses. deleted and replaced by the following: 13. WAIVER OF SUBROGATION "Bodily injury"means bodily injury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OF disease sustained by any person, including RECOVERY AGAINST OTHERS TO US of mental anguish or death as a result of the "bodily SECTION IV— BUSINESS AUTO CONDITIONS is injury"sustained by that person. deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for loss"to which this insurance Fonn: 16-02-0292 (Rev. 4-11) Page 3 of "Includes copyrighted material of Insurance Services Office, Inc. with its permission' POLICY NUMBER: (20)54309458-02 COMMERCIAL AUTO 16-02-0316 Ed. 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY LIABILITY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CJW Construction, Inc. Endorsement Effective Date: 1011/20 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Item 5. —"Other Insurance"of Item B.—"General Conditions" under Section IV—"Business Auto Conditions": e. Regardless of the provisions of Paragraph 5.a. through d. above, for any liability arising out of the ownership, maintenance, use, rental, lease, loan, hire or borrowing by an "insured" of a covered "auto" for which an "insured" is contractually obligated to provide primary insurance coverage to a client, this Coverage Form will be primary and non-contributory with respect to the Persons or Organizations in the schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 16-02-0316 Ed. 10 14 Page 1 of 1 POLICY NUMBER: (20)54309458-02 COMMERCIAL AUTO 16.02-0322 (Ed. 11-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement modifies the following: COMMON POLICY CONDITIONS SCHEDULE Name(s) and Address(es): ALL PERSONS OR ORGANIZATIONS AS ON FILE WITH US. The following Condition is added: Notice Of Cancellation Or Non-Renewal To Specified Persons Or Organizations 1. W m cancel or non-renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non-renewal to arty Person(s) or Organization(s) shown in the Schedule 30 days prior to the effective date of cancellation or non-renewal. 2 If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Person(s) or Organization(s) shown in the Schedule 10 days prior to the effective date of cancellation. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation or non-renewal with respect to any other person(s) or organization(s). 16-02-0322 (Ed. 11-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7- 08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be ownpletec only when this endorsement is issued subsequent to{reparation of the policy.) This endorsement, effective on 10/1/2020 at 12:01 A. M. standard time, forms a part of the (DATE) Federal Insurance Cotnpany (NAME OF INSURANCE COMPANY) Policy No. 54309535 Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 0.00 % of total California premium. Schedule Person or Organization Job Description Where required by written contract Where required by written contract. WC 99 03 04 (Ed. 7-08) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 990662 NOTICE OF CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement changes the policy to which ft is attached and is effective on the date issued unless otherwise stated This endorsement effective on 10/1/2020 at 12:01 A fA standard time, forms a part of (DATE) Policy No, 54309535 of the Federal Insurance Company INANE OF WSURANCE COWAN1) Issued to CJW Construction, Inc. Authorized RepresentaWe The following Condition is added to PART SIX-CONDITIONS: Notice Of Cancellation Or Non-Renewal To Specified Persons Or Organizations 1. ft we cancel or non-renew this policy for any reason other than non-payment, we will deriver notice of the cancellation or non-renewal to any Person(s) or Organization(s) shown it the Schedule THIRTY (30) days prior to the effective date of cancellation or non-renewal. 2. If we cancel this policy for non-payment, we will deriver notice of the cancellation to any Person(s) or Organization(s) shown in the Schedule TEN (10) days prior to the effective date of cancellation. I If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not invalidate such cartcellabon or non-renewal with respect to any other person(s) or organization(s). SCHEDULE Name (s) and Address (es): ALL PERSONS CR ORGANZATIONS AS CN FLE WrrH US wC 99 06 62(Ed. 01-16) Page 1 of 1 POLICY NUMBER: PECO05518301 PROFESSIONAL LIABILITY POLLUTION LIABILiTY malfunction is first discovered during the Policy Period and after the system has been put to its intended use in the course of construction in support of Professional Services or Contracting Services and is reported to us, in writing, by you, during the Policy Period, within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional Extended Reporting Period. This limit of liability is the most we will pay regardless of the number of consulting companies, systems purchased or malfunctions. SECTION III-DEFINITIONS A Bodily Injury means: 1. physical injury, sickness or disease, sustained by any person, including death resulting therefrom, and any accompanying medical or environmental monitoring, or 2. mental anguish, emotional distress or shock, sustained by any person. B. Claim means a monetary demand or notice, or assertion of a legal right, alleging liability or responsibility on your part, and includes, but is not limited to, a lawsuit, petition, or governmental or regulatory action commenced against you. C. Client means the person or entity that directly hires the Named Insured, by written agreement signed by the Named Insured, to render Contracting Services and for whom the Named Insured renders such services. D. Completed Operations means Contracting Services that are completed. Completed Operations does not include Contracting Services that have been abandoned. Contracting Services will be deemed completed at the earliest of the following times: 1. when all Contracting Services to be performed under a contract have been completed, or 2. when all Contracting Services to be performed at the Job Site have been completed, or 3. when that part of the Contracting Services performed at the Jobslts has been put to its intended use by any person or entity other than another contractor or subcontractor working on the same project. Contracting Services that may require further service, maintenance, correction, repair or replacement, but are otherwise complete, shall be deemed completed. E. Contracting Services means any construction or environmental activity that is performed by or on behalf of the Named Insured. Contracting Services also includes Completed Operations. F. Design Professional means any person or entity that is qualified, certified or licensed to perform professional services that are covered by Design Professional's Insurance, including any Subcontractors and subconsultants. G. Design Professional's Insurance means any liability insurance issued to a Design Professional. H. Design Professional Services means professional services that any Design Professional: 1. agreed to perform pursuant to a written agreement with you or a Design Professional, retained by you or on your behalf; and 2. are included within the Professional Services that you agreed to perform in your written agreement with a Client. EVPCPocCP 0618 ©2018 X.L. America, Inc. All Rights Reserved. Page 6 of 28 May not be copied without permission. POLICY NUMBER: PEC005518301 PROFESSIONAL LIABILITY POLLUTION LIABILiTY I. Emergency Remedlation Expense means reasonable and necessary Remediation Expense incurred on an emergency basis, that you establish and we determine reasonable and necessary to mitigate the immediate effects of the Pollution Condition in light of the liability covered under this Policy that can be avoided or reduced by such mitigation. J. Environmental Damage means physical damage into or upon land or structures thereupon,the atmosphere or any watercourse or body of water, including groundwater, caused by a Pollution Condition and resulting in Remedlation Expense. Environmental Damage does not include Property Damage. K First Named Insured means the person or entity stated in Item (1)of the Declarations. L Green Building Materials means building products or materials that are recognized by The Leadership in Energy and Environmental Design (LEER®), Green Globes Assessment and Rating System, International Green Construction Code or Energy Star as: 1. being environmentally preferable or sustainable, or 2. providing enhanced energy efficiency. M. Insured means each of the following: 1. the First Named Insured, 2. the Named Insured; 3. the Named Insured's current and former directors, partners, principals, members, officers, stockholders, or trustees, but solely while acting within the course and scope of their duties as such, 4. the Named Insured's current and former employees, including Leased Worker, but solely within the course and scope of their employment or lease agreement; 6. the Named Insured's heirs, executors, administrators, assigns or legal representatives in the event of death, incapacity or bankruptcy, but only with respect to the liability of the Named Insured otherwise insured herein; S. any Predecessor In Interest; 7. any entity newly formed or acquired by the Named Insured during the Policy Period where the Named Insured has greater than fifty percent (50%) ownership, control, or beneficial interest, provided however that: a. coverage shall be provided only for Professional Loss and Protective Loss arising out of Professional Services or Design Professional Services or Pollution Loss and Pollution Protective Loss arising out of Contracting Services or Subcontractor Services, for services performed on or after the date of formation or acquisition, subject to the Retroactive Date; and b. this coverage shall expire at the end of the Policy Period or within ninety(90)days of such formation or acquisition of the entity, whichever is earlier, unless you submit written notice to us providing detailed information concerning the newly formed or acquired entity and we agree to accept coverage and issue an endorsement confirming coverage; 8. the Named Insured's participation in a legal entity including a limited liability company or joint venture, but only to the extent of the Named Insured's legal liability for its rendering or failure to EVPCPocCP 0618 ©2018 X.L. America, Inc. All Rights Reserved. Page 7 of 28 May not be copied without permission. POLICY NUMBER: PECO05518301 PROFESSIONAL LIABILITY POLLUTION LIABILiTY render Professional Services or Contracting Services under the respective legal entity or joint venture. 8. Solely with regard to SECTION I-INSURING AGREEMENTS, B.1. Job Site Coverage-Occurrence, B.2. Transportation Coverage and B.5. Non-Owned Disposal Site Coveraqe, any person or entity, including a Client, as required by a written agreement signed by the Named Insured, but only for: a. a Pollution Condition caused by Contracting Services; and b. the liability of the person or entity that results from the performance of the Named Insured's Contracting Services, provided that such written agreement is signed by the Named Insured prior to the commencement of the Pollution Condition. Any insurance afforded under the terms and conditions of this Policy shall be limited to the scope of coverage required by such agreement and shall be limited to the lesser of the amount of the limits of liability required by such written agreement or the Limits of Liability under this Policy. In no event shall we be liable for any amounts in excess of the Limits of Liability shown in Item (3) and Item (4) B. Pollution Coverages of the Declarations. N. Insured Contract means that part of any written agreement under which, the Named Insured assumes the tort liability of another party to pay compensatory damages for Bodily Injury, Property Damage or Environmental Damage, to a third-person or entity, provided that such written agreement is signed by the Named Insured prior to the Bodily Injury, Property Damage or Environmental Damage. Tort liability means a liability that would be imposed by law in the absence of any agreement. O. Job Site means the location where Contracting Services are rendered. Job Site does not include: 1. any location that is owned, rented, leased, used, or occupied by you except for: a. a location owned, rented, leased, or occupied by the Client: or b. a location that is rented, leased, or occupied (but not owned) by the Named Insured and is used on a temporary basis by you for a single project only, during the course of providing Contracting Services for such single project. 2. a Non-Owned Disposal Site or Your Location. P. Leased Worker means a person leased to you, by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. O- Legal Expense means legal costs, charges and expenses incurred in the investigation or defense of a Claim arising from Professional Services or Contracting Services, provided such costs, charges and expenses are authorized by us. Legal Expense does not include the time and expense incurred by you in assisting us in the investigation or resolution of a Clalm including, but not limited to, the costs of your in-house counsel, salary charges of your regular employees or officials, and fees and expenses of counsel retained by you, except as provided by SECTION II - SUPPLEMENTAL COVERAGES, D. Litigation Expense Coveraqe. Legal Expense also does not include salary charges of our employees. Legal Expense does not include any legal costs, charges and expenses incurred in relation to Rectification Expense, Emergency Remedlation Expense or to any legal costs or expenses incurred by you in the EVPCPocCP 0618 ©2018 X.L. America, Inc. All Rights Reserved. Page 8 of 28 May not be copied without permission. POLICY NUMBER: PEC005518301 PROFESSIONAL LIABILITY POLLUTION LIABILiTY Insured to remove an action to the United States District Court, regardless of the jurisdiction in which, an action is commenced. G. Declarations and Representations By acceptance of this Policy, you agree that the statements, declarations and information contained in the Application, submitted for this Policy and executed by you, and any other supplemental materials submitted to us are: 1. true, correct and complete, 2. such statements and information are material to our underwriting of this Policy: 3. that this Policy has been issued by us in reliance upon the truth, correctness and completeness of such statements, declarations and information, and 4. the Application, submitted for this Policy and executed by you, and any other supplemental materials submitted to us are incorporated in and made part of this Policy. H. Design Professional's Insurance You shall require that each Design Professional, with whom you enter into a written agreement, carry professional liability insurance. I. Headings The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of this Policy. J. Inspection and Audit We shall be permitted, but not obligated, to examine, audit, monitor and inspect on a continuing basis any of your books, records, services, properties and activities at any time, as far as they relate to the subject matter of this Policy. Neither our right to examine, audit, monitor and make inspections, or the actual undertaking thereof, or any report thereon, neither constitutes an undertaking to determine or warrant that property or operations are safe, healthful, or conform to acceptable engineering practice, or are in compliance with any law, rule or regulation. Any inspections shall be coordinated through the broker or agent of the First Named Insured. K. Other Insurance Unless expressly stated to the contrary, this Policy is excess over the Self-Insured Retention Amount and any other valid and collectible insurance whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise, unless such other insurance is written specifically excess of this Policy by reference in such other policy to this Policy Number in this Policy's Declarations. When any other insurance has a duty to defend a Claim, we shall have no duty to defend the Claim; if the other insurance does not defend the Claim, we shall have the right, but not the duty to defend the Claim. With regard to SECTION I - INSURING AGREEMENTS, B. Pollution Coverages, when you are required by written agreement, executed prior to the first commencement of the Pollution Condition, to include any person or entity as an additional Insured, such coverage shall be provided on a primary and non-contributory basis to the extent required by the written agreement. EVPCPocCP 0618 ©2018 X.L. America, Inc. All Rights Reserved, Page 27 of 28 May not be copied without permission. POLICY NUMBER: PECO05518301 PROFESSIONAL LIABILITY POLLUTION LIABILiTY L Severablifty Except with respect to the Limits of Liability and the Self-Insured Retention Amount, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a Claim is made. M. Sole Agent The First Named Insured shall act on behalf of all Insureds for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or non-renewal and the exercise of the rights provided in SECTION VI—OPTIONAL EXTENDED REPORTING PERIOD. N. Subrogation In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery against any person or entity and you will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost of recovery shall be paid to you. You shall do nothing at any time to prejudice our subrogation rights. However, we waive our right of recovery against any person or entity, except for a Design Professional or Subcontractor, including Subcontractors and subconsultants, if and to the extent you agreed to waive your right of recovery against such person or entity in a written agreement signed by you prior to: 1. the negligent act, error or omission in Professional Services out of which the Claim or request for Rectification Expense arises under SECTION I - INSURING AGREEMENTS, A. Professional Coverages; or 2. the first commencement of a Pollution Condition out of which the Claim or request for Emergency Remedlation Expense or Pollution Loss arises under SECTION I -INSURING AGREEMENTS, B. Pollution Coverages. O. Territory This Policy applies to Professional Services and Contracting Services rendered worldwide, provided that the Claim, Protective Claim or Pollution Protective Claim is first brought, and at all times maintained, within the United States of America (including its territories and possessions), and Canada. This Policy does not apply to any Claim,Protective Claim or Pollution Protective Claim for which,payment would be in violation of the laws of the United States of America including, but not limited to, United States economic or trade sanction laws or export control laws administered by the United States Treasury, State, and Commerce Departments, for example the economic and trade sanctions administered by the United States Treasury Office of Foreign Assets Control. EVPCPocCP 0618 ©2018 X.L. America, Inc. All Rights Reserved. Page 28 of 28 May not be copied without permission.