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HomeMy WebLinkAboutAZ Construction Inc dba Ace Fence Company - 2021-09-07 SERVICE, AGREEMENT BETWEEN THE CITY OF HUNTINGTON 13EACH AND AZ CONSTRUCTION INC DBA ACE FENCE COMPANY FOR BARTLETT PARK FENCING 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 AZ Construction, Inc. dba Ace Fence Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in roof replacement 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 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 Ami Tsui who shall represent it and he 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. 21-9997/263170 1 i 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 "13." The total sum to be expended under this Agreement, shall not exceed Sixty-Eight Thousand Nine Hundred Sixty Five Dollars ($68,965.00). 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." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence September 7 , 2021 or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate one (1) year after commencement date, unless terminated earlier in accordance with the provisions of this Agreement. 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 York 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. 21-9997/263170 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 emploved 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 Contractors 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 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 2 1-99971263 170 3 coverage is provided under it 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 the required coverage. 10. 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. if. 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. 21-9997263170 4 12. 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. 13. 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 fails to meet the standard of performance specified in the Recitals of this Agreement. 14. 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. 15. 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. 21-9997/263170 5 16. 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 interest in this Agreement in violation of the applicable provisions of the California Government Code. 17. 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: Contractor: City of Huntington Beach AZ Construction, Inc dba Ace Fence Attn: Director of Public Works Company 2000 Main Street Attn: Amy Tsui Huntington Beach, CA 92648 727 Glendora Avenue La Puente, CA 91744 18. 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. 19. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20. 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 arc 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. 2 1-9997/263 170 6 21. 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 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. 22. 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. 23. 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. 24. 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 //untinglon 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. 25. Confidentiality Contractor recognizes that in the performance of its duties tinder this Agreement, it ❑ ust 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 21-9997/263170 7 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. 26. 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. 27. 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. 28. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, pennits, 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. 29. 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 non-prevailing party. 21-9997/263170 8 30. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 31. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 32. Sienatories 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. 33. 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 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. 21-9997/263170 9 34. Effective Dote IN WITNESS WI IEREOF,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. CONTRACTOR, CITY OF HUNTINGTON BEACH, AZ CONSTRUCTION, INC. DBA ACE a municipal corporation of the State of FENCE COMPANY California 4 W, Amy Tsui Manager print na INITIA D AN Mice D: ITS: (circle one)Chaim raidrn Pmid=t 4; AND ifcttyrof=4h"k*5—rks By: �_1g, •,,1/4, APPROVED AS TO FORM. America Tan print n on ITS: (circlee)Secret /Chief Financial 771k"L krity Attorney Secretary-Treasurer Date RECEIIV(EAND �FILE: City Clerk Date 21-99997/163170 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The improved trail along the western side of the park requires a new two tail wood fence installation to match the exiting fencing along the east side of the trail at the park, to blend with the natural look of the park habitat and the park nature. The goal is to provide a consistent trail pathway border along the newly graded trail, enhance safety within the full stretch of the west side pathway and to ease public use of the park. The newly graded trail pathway along the western side of the park is stretching from Adams Ave., from the southern border to nearly the vicinity of the Newland Barn's backyard,just south of the Bartlett Park Parking lot, for the project vicinity. In addition to the two rail wood fence installation, there are two existing galvanized chain link fence segments at the park trail pathway that requires removal, and replacement with a new 6' high galvanized chain link fence. This fence will include a top rail and bottom tension wire. The relocation of the chain link fence will create more space to connect the pathway along the trail. The exact description of the liner footage of all fence type are identified under the project description specification. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: I. To remove and install new 6' High Galvanized Chain Link Fence with Top & Bottom Tension Wire (no barbwire), Unit needed is at 100 LF at the southern section of the trial. 2. To remove and install new 6' High Galvanized Chain Link Fence with Top & Bottom Tension Wire (no barbwire), Unit needed is at 50 LF, at the northern section of the trail. 3. Install Two Rail Wood Fence Treated to match existing, unit require is 1405 LF. C. CITY'S DUTIES AND RESPONSIBILITIES: I. 2. D. WORK PROGRAM/PROJECT SCHEDULE: 21.9997263175 EXHB11 is ACE FENCE COMPANY 727 GLENDORA AVENUE, LA PUENTE, CA 91744 PHONE(626)333-0727 • FAX(626) 333-7843 CERTIFIED AS DBE/SBE/MBEIWBE FIRM, UNION COMPANY, LACMTA Pre-Qualified to Bid "Awarded Minority Contractor of the Year by the City of Los Angeles for Excellence in Quality and Services" "We Are An Equal Opportunity Employer" FINAL FAX QUOTE TO City of Huntington ATTN Jennifer Anderson FAX# DATE : 6/29/2021 FROM Ben Layos PAGES 1 PROJECT : Bartlett Park Fence Improvements City of Huntington Community Services Department BID DATE : 6/17/2021 @ 4PM SPECS ADDENDUM: O ITEM DESCRIPTION Unit Qty Unit Price Amount Proposal as follows: 1 Remove & Re-Install 6'High Galvanized Chain Link Fence LF 100 $ 78.00 $ 7.800.00 with Top& Bottom Tension Wire. (No Barbwire) per plan Sketch. 2 Remove& Re Install New 6'High Galvanized Chain Link Fen( LF 50 $ 79.00 $ 3,950.00 with Top Rail & Bottom Tension Wire. (No Barbwire) per plan Sketch. 3 Bartlett Park- Install Two Rail Wood Fence treated LF 1405 $ 40.00 $ 56,200.00 4 MOBILIZATION LS 1 $ 1,015.00 $ 1,015.00 TOTAL BID AMOUNT: $ 68,965.00 Material Cost -$29,990.00 Labor- $37,960.00 Move in - $ 1,015.00 Total Amount $68,965.00 • POST 5"DIAMETER x 6'LONG TREATED WITH CHAMFER, RAIL @ 4"DIAMETER X 1O'LONG TREATED AND BOLTED TO POST PER PICTURE DETAIL WITH 12"X 2'DEPTH CONCRETE FOOTING. • ROCK DRILLING, CONCRETE SAWCUTTING, BREAKING & CORE DRILLING IS NOT INCLUDED BY OTHERS. • OUR QUOTE IS PER LINE ITEM NOT A LUMPSUM, GENERAL IS RESPONSIBLE FOR THEIR OWN TAKE OFF. • THIS PROPOSAL IS BASED ON PAID PREVAILING WAGES AND CERTIFIED PAYROLL. PLEASE REFER TO NOTES& EXCLUSIONS BELOW. IF YOU HAVE QUESTIONS PLEASE CALL. NOTE:PROPOSAL IS AS A PACKAGE UNLESS DISCUSSED PRIOR TO BID.OUR PROPOSAL IS PER LINE ITEM&NOT LUMPSUM UNLESS IT STATES OTHERWISE.AWARD MUST HAPPEN WITHIN 60 DAYS.COPY OF ACE FENCE COMPANY's BID TO BE PART OF THE FINAL CONTRACT AGREEMENT. COPY OF GENERAL's PAYMENT&PERFORMANCE BONDS TO BE ATTACHED TO THE CONTRACT AGREEMENT. EXCLUDE:GATE LOCKS;LEVER/PANIC HARDWARE;MOWCURB,MINOR CONCRETE OR ANY CONCRETE WORKS(except for post footings);RE-BARS; FORMWORKS;DEMOLITION;CLEARING&GRUBBING;REMOVAL OF FENCING,VEGETATION OR ANY OBSTRUCTIONS;EXTRA DIRT FOR BACKFILL; GRADING;STAKING&LAY-OUT;ROCK DRILLING,CONCRETE CUTTING,BREAKING&CORE DRILLING;PAVEMENT REPAIR OR ASPHALT PATCHING: POTHOLING OR LOCATING UTILITIES;MAINTENANCE OR REPAIR TO DAMAGES CAUSED BY OTHERS&TO UNMARKED UTILITY LINES;GROUNDING &ELECTRICAL WORKS;ENGINEERING OR STRUCTURAL CALCULATIONS;SURVEYS FOR ALIGNMENT&ELEVATIONS;COSTS FOR INSPECTIONS& TESTING:BOND COST;SWPPP;BEST MANAGEMENT PRACTICES;ASBESTOS&LEAD COMPLIANCE PLAN&ANY RELATED WORKS;PERMITS/FEES; DUST CONTROL;K-RAILS;TEMPORARY FENCES&SAFETY RAILING;TRAFFIC CONTROL&SIGNS;FLAGMEN;LANE CLOSURE;NIGHWORK;HAULING OF SPOILS(spolls from our excavation arc to be scattered in the Immediate vicinity of our work,relocation of spoils will be considered a change order) INSURANCE;GENERAL LIABILITY-$1.000.000-$2,000.000 AGGREGATE;AUTOMOBILE-E 1,000,000;WORKMAN COMPENSATION-E 1.000,000. OCIP/CCIP PROJECTS-WC's PREMIUMS ALREADY DEDUCTED.ADDITIONAL INSURANCE REQUIREMENTS ARE SUBJECT TO EXTRA PREMIUMS. LICENSE #A, B, C-13 &C-31 #996577, EXP.9-30-2022, DIR Registration#1000004092- UNION SUBJECT TO ACCEPTANCE WITHIN 30 DAYS Bartlett Park est A[J i� ACEFENC-01MBRANOMA ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE iMMJDOn YYY) 711 612 0 21 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions Or be ondomod. If SUBROGATION IS WAIVED, subject to the forms 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 Ileu of such endorsement(s). PRODUCER License q 0757776 NON TACT Riverside CA-HUB International Insurance Services Inc. PHONE FAXE.4:(951)788-8500 jucN.051)788-8502 Riverside. BOA 5545 Rverside,CA 92577 INSUREITSi AFFORDING COVERAGE NAIC0 1usuRER A:OId Republic General Insurance Corp. 24109 INSURED INSURER B' AZ Construction,Inc.dba Ace Fence Company INSURER c 727 Glendora Avenue INSURER O: La Puente,CA 91744 INSUREfl E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 1HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDHION OF ANY CONTRACTOR OTHER DOCUMENT'AATH RESPFCTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE PERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSN TYPE OF INSURANCE AOOLSUB POLICY NUMBER LPfAOMY EFF POLICY EXP MIUDNYTO LIMITS A X COMMERCIAL GENERAL LIAMLITY FiXCH OCCIatNENCE 1,000,000 CLAIMS-MADE uOCCUR X AICGOR881806 12/1/2020 12/1/2021 rv`I uro pENlEo +l_ $ 100,000 MEn FXP nsm 5,000 PERSONALAADVI RY $ 1,000,000 _QLITL AGGREQATE PLRIMpIT.APPLIES PER: GENERAL AODRFOATF f 2,000,000 "ICYC JECi u LOC PNODUCIS-COMPIOPAGG 3 2,000,000 N-R A AUTOMOBILE LV.mUTY COMBINED S1WLELIMIt $ 1,000,QQQ X ANYAUTO P X 1CA08881806 1211(2020 12/712021 BODILY INJURY 1Perp«+on 3 OVAED SG IEOULED AMOS ONLYArU(�JTC6��Vy�NN��pp BCOILYINJURV P,r.0 AUTOS ONLY AInNOBO.NLY OPE ET¢Y,I AGE S UNBRELLALIAO _ OCCUR EACHOCCUNRENCE S EXCESS LMB CWMS.MAOE hGGREGAIE S DED RETENTIONS A WORKERS COMPENSATION X PER O1H- AND EMPLOYERS'LIABILITY TAARE -EB— ANrPRorWETaO{RmARTNER�xECUTrvE Y�� 1CW08881806 12/112020 121112021 E.L.EACH ACCIDENT $ 1,000,000 f :5.=M j"CLUMV? L NIA E.L "SAWNbk W 1,000,000 fORM 1,000,000 ".SC RIPTION OPERATIONS Max E.L DISEASE UCY IT DY: HAEL E. TES cin ATT DESCRIPTION OF OPERATONS I LOCATIONS I VEHICLESiACORD 101,AdWlon+l Rem+rk+S,MduI,,ma M+IMGInd II men+P+ub nRVlndl FHI INTTNGTONDEACH This certificate rescinds and supersedes any and all prior certificates Issued on bNalf of the Named Insured. RE:Bartlett Park Fence Project. City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and Vol UntGOIS are Included as Additional Insured as respects General Liability and Auto Liability pot attached endorsements. This Insurance shall apply as Primary and Nan-Conlribulory as respects General Liability per attached endorsement. CERTIFICATE OLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityOf Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 0 ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Public Works 2000 Main Slraol Huntington Beach,CA 92648 AUTHORQEO REPRESENTATIVE ACORD 25(2016/03) ©19BB-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:ACEFENG-01 MBRANDh1AN LOC Y: 1 . R 11. ADDITIONAL REMARKS SCHEDULE �� Page 1 of 1 AGENCY Llconso#0757776 NAMED INSURED Riverside, CA-HUB International Insurance Services Inc. AZ Construction,Inc,dba Ace Fence Company 727 Glendora Avenue POLICY NUMDER La Puente,CA 91744 EE PAGE 1 CARRIER NAIL CODE. EE PAGE 1 SEE P 1 EFFECINE DAM SEE PAGE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: CertlOcato of Llabliity Insurance Cancellation: Should the policy(les)be cancelled before the expiration dale,Hub International Insurance Services Inc.(Hub),independent of any rights which may be afforded within the policies to the certificate holder named below,will provide to such certificate holder notice of such cancellation within thirty(30) days of the cancellation dale,except in the event the cancellation is due to non-payment of premium,in which case Hub will provide to such certificate holder notice of such cancellation within ton (10)days of the cancellation date. ACORD 101 (2008101) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AlCG08881806 COMMERCIAL GENERAL LIABILITY Endorsement Effective: 0 7/0 812 0 2 1 CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations City of Huntington Beach, its officers, elected or RE: Bartlett Park Fence Project. appointed officials, employees, 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 additional organiza(ion(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts 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 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor I aw; 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. I I CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; 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. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER:AICGO8881806 COMMERCIAL GENERAL LIABILITY Endorsement Effective: 07/08/2021 CG 20 37 12 19 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 City of Huntington Beach, its officers, elected or RE: Bartlett Park Fence Project. appointed officials, employees, 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 hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. 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 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Locatlon(s) of Covered Operations Or Organizatlon(s): City of Huntington Beach, its officers, elected RE: Bartlett Park Fence Project. or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so,we will share with that other insurance by the method described in paragraph 4.c. of Section IV—Commercial General Liability Conditions. All other terms and conditions remain unchanged. Policy Number AlCG08881806 Endorsement No. Policy Period 1 2/0112 0 20 to 12/01/2021 Endorsement Effective Date: 07/08Y2021 CG EN GN 0029 09 06 POLICY NUMBER:AICA08881806 COMMERCIAL AUTO CA 20 48 10 13 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. 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. Endorsement Effective Date: 1 2/0 112 0 2 0 SCHEDULE Name Of Person(s)Or Organlzation(s):WHERE REQUIRED BY AN EXECUTED CONTRACT. 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 an"insured"for Covered Autos Liability Coverage,but only to the extent that person or organization qualifies as an "insured' under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form, CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1