Loading...
HomeMy WebLinkAboutOrange County Striping Services, Inc. - 2021-09-13 (2) AMENDMENT NO. 7 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY STRIPING SERVICES, INC. FOR ON-CALL STRIPING AND SIGNAGE MAINTENANCE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ORANGE COUNTY STRIPING SERVICES, INC., a California Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Consultant are parties to that certain agreement, dated September 13, 2021, entitled"Service Agreement Between the City of Huntington Beach and Orange County Striping Services, Inc. for On-Call Striping and Signage Maintenance" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. TERM The term of the Agreement is extended for one additional year until September 12, 2025. 2. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Three Hundred Thirty Five Thousand Dollars 24-14926/347138 1 ($335,000.00). The additional sum shall be added to the original sum of Two Million Dollars ($2,000,000.00), for a new contract amount not to exceed Two Million Three Hundred Thirty Five Thousand Dollars ($2,335,000.00). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on AVkl4Ct 1 " , 2024. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of California By: print name ITS: (circle one)Chairman/PresidentNice President City Manager AND INITIATED D P V By: Director of Public Works print name ITS: (circle one) Secretary/Chief Financial APPROV'P A ' ' ► Officer/Asst. Secretary-Treasurer (],C rci COUNTERPART ty Attorney RECEIVE AND FILE: ed/4414.1444) City Clerk S/i57 - 24-14926/347138 2 ($335,000.00). The additional sum shall be added to the original sum of Two Million Dollars($2,000,000.00), for a new contract amount not to exceed Two Million Three Hundred Thirty Five Thousand Dollars($2,335,000.00). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on uc , 2024. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH,a SERVICES, INC. municipal corporation of the State of VIA/V'. California By: SG� Yl S print name ITS: (circle one)Chairman '; ice President City Manager AND /' INITIATED�ANDf AP ,� By: ��► c_. t` /C. 1.6.11111111MIK • Director of Public Works print name ITS: (circle one)lecretaryhief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer City Attorney COUNTERPART RECEIVE AND FILE: City Clerk 24-14926/347138 2 EXHIBIT B BID SHEET FOR ANNUAL ON-CALL SERVICES FOR STREET STRIPING AND PAVEMENT MARKING ITEM • QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE IN WITH UNIT PRICE WRITTEN IN FIGURES WORDS 4" Skip Yellow/White Stripe (paint), at 1 —1,000 Cita& 13b1t61` 1,2.;;;4 jam$ I fa" 1,001 -5,000 LF 0,n $ •' s1 Over 5,000 1,s v y- p i u $ ° IS— per Linear Foot 4" Solid Yellow/White Stripe (paint),at 1 — 1,000 Dv+e...O10.1.40 7IA' twi y Et,f(2,,, „ s`$ . 2. 1,001 —5,000 LF Over 5000 Lei fr../W Pro., yii $ • per Linear Foot 8"Skip YellowlWhite Stripe (paint), at �.. • 1 —1,000 Glow&I at1e.fr 1 et.547y $ 3. 1,001 --5,000 LF 1 v„�+y� sr� c c $ • SI Over 5,000 Iw;��•I�m�� C? .w $ • i per Linear Foot 8" Solid Yellow/White Stripe fpaaint), at ..--- 1 —1,000 L..) DOl1gr 1`'1:`' � ' 1 4, 1,001 —5,000 LF • . pay, ` .s ` $ • I o Over 500 %,p $ • SO per Linear Foot Broken Double Yellow Stripe (paint),at -. , r ± 1 —1,000 1 u44..w�3�o11t, .ie� � ;la�a pp�� ae 4 • ry s+��ll� 5. 1,001 —5,000 LF —Timer"ry/. I dine c. $ • SS Over 5,000 $ 0 per Linear Foot BP-5 Y I i BID SHEET FOR ANNUAL ON-CALL SERVICES FOR STREET STRIPING AND PAVEMENT MARKING • ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE IN WITH UNIT PRICE WRITTEN FIGURES IN WORDS Double Yellow Stripe (paint), at 1 —1,000 Oyie.—DatkuxItmrry•Cwmq f� + $ •11 6. 1,001 —5,000 LF ��i 1 $ •.4° Over 5,000 'Vim, - C~►we., C' "" $ • per Linear Foot 12"Solid Crosswalk White/Yellow Stripe (paint), at �� 1 —250 -'o Zy. 11fl r�� 'i��ly�rs. $ . . 7. 251 -500 LF 1kon 1'1,A . vi r,, e z $ »• �" Over 500 { u .,Dal ' ate.`+y Flue 12471 1 . per Linear Foot "Keep Clear" LegendLe (paint) at cN$)r.. t � .,c�� 8, 1 EA n4��� Each $ "Shared Bike Lane"Marking . , 9. 1 EA (paint), at rtie,er y- , i %/0 $ cmtl�„P , Each "Stop Ahead" Legend (paint), at SIViy . 11,0,10 fob .y • 10. 1 EA Each $ . • "Signal Ahead"Legend (paint), at St` '9y . 9 to -- • 1nC','9 11. 1 EA l y� 1 e,a" Each $ "Slow School Xing" Legend (paint), atehn ••1r}a04$ , $ 12. 1 EA it:AVAi e.e. . IleikaLs Each BP-6 i • BID SHEET FOR • ANNUAL ON-CALL SERVICES FOR STREET ' STRIPING AND PAVEMENT MARKING • ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE IN WITH UNIT PRICE WRITTEN FIGURES IN WORDS "Bike Lane" Le end (paint), 13. 1 EA at 'lute i y' t`.4-41..- $ e)�� 611a#4s, Each "Sto and Bar" Legend (paint), 14. 1 EA at grad`i-t_^ S.1°Ni1da" e ° °e,1\ ,� Each $ ' , Type I Arrow-10 ft(paint), 1 °.. at kt:td 1 e.�z..rk o, $ 1 .I . 15. 1 EA ' dill uts, Each . • Type 1V Arrow (paint), at E 1 i�c - -. s�c� 16. 1 !~A �1i� Each Type VI Arrow(paint), at It VT,/ $ 50 D 17. 1 EA 04i1a,d'� Each Type VII Arrow (paint), $ 18. 1 EA at 'o rr i� p `� gp•Ot.o Each �t tsc. Letter (paint), at 19. 1 EA Do\N 0.,,d.,, Each Install Raised Pavement Marker,at �� 20. 1 EA �� $ LD. ` .zAt '_S. Each BP-7 • • BID SHEET • • FOR ANNUAL ON-CALL SERVICES FOR STREET STRIPING AND PAVEMENT MARKING ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE IN WITH UNIT PRICE WRITTEN FIGURES • IN WORDS Remove Striping or Markings ,aunt),at 1 -250 1�.�a•ti y, d��. aV%A(' $ . �d 21, 251 -500 . F" v ` ) LV)44' $ �,430 Over 500 S. rt3orOn`\ot ` .tee. 1• t��. $ per•6snear+eet 4"Skip Yellow/White Stripe (Thermoplastic), at u 22. 1 - 1,000 LF ' o . �. i x $ b 'c•^' • 1,001 -5,000 Over6,000 l°A�r`y • ~rug. * + $ per Linear Foot 4"Solid Yellow/White Stripe w,(IhermoplastL� ..at y �" e�y 1 —1,000 lwcx-r)m1lat'.s ItWa+oi1y•6'"i 4 P� y 23. 1,001 - 5,000 LF J se4nsy C i $ • VO Over 5,000t u s y r $ . 400.. per Linear Foot 8" Skip Yellow/White Stripe -'{�h-ermoplastic), at 1 - 1,000 -1- � 0'1144P.S $ , y°O 24. 1,001 -5,000 LF SANaty $ • Coo Over 5,00001,oy tS:1 $ • �� per Linear Foot 8"Solid Yellow/White Stripe hermop lastio) �_-- el TO 1 - 1,000 ea,sr, $ rA.- 25. 1,001 -5,000 LF l\a.e 1 2..: Over 5,000 t 47 ^ ate .q $ " a per Linear Foot BP-8 • • • • BID SHEET FOR ANNUAL ON-CALL SERVICES FOR STREET STRIPING AND PAVEMENT MARKING • ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE IN WITH UNIT PRICE WRITTEN FIGURES IN WORDS Broken Double Yellow Stripe Thermopiasticx 1 —1,000 i.aye,05\Los $ LSO 26. 1,001 —5,000 LF NA.A a v4 $ �.vp0+� V I6..� Over 5,000 ��..��% .vim $ per Linear Foot • Double Yellow Stripe "(Thermoplastic), -.- 1 —1,000 1 00A1a!', 1't ;i' �� $ $ 27, 1,001 —5,000 LF 0w ,.` ea11w4`1U.a tjtu ' A';' $ • "- Over 5,000 1\\ems► v�� •C .n .. ',. $ • "gl 1 per Linear Foot P 12" Solid Crosswalk White/Yellow Stripe 1 —250 „(Thrmolastic), at , 28, 251 •-500 LF 4.10‘10,rS $ .`1' Over 500 v iANA. t'7 I sue. per Linear Foot "Keep Clear"Legend 29, 1 EA (Thermoplastic), at 1 w $ 200.0 043,W,4'S Each "Shared Bike Lane" Marking Ob 30. 1 EA (Thermoplastic), at' trAV _ $ Each "Stop Ahead" Legend oLN 31 1 EA (Thermoplastic a,at cae4 0 • $ ( , 1A9m..40P 1, )al\t S, Each BP-9 • BID SHEET • FOR ANNUAL ON-CALL SERVICES FOR STREET STRIPING AND PAVEMENT MARKING ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE IN WITH UNIT PRICE WRITTEN FIGURES IN WORDS "Signal Ahead"Le end O� (Thermoplastic) at io - 32. 1 EA M r 1L1/4,4.a risse,Each $ "Slow School Xing" Legend Thermoplastic) at ' rlsst" 33. 1 EA ulANP.L..N, 11m.P.s Each $ • "Bike Lane" Legend (Thermoplastic), at 1 1�;'�+ 34. 1 EA t)olles Each $ "Stop and Bar" Legend na (Thermo lastic), atd+n4LL. 35. 1 EA (` who 144 , Each $ { tr..%' Type I Arrow--10 ft Thermoplastic), at 10�r•y' 36. 1 EA ye.- 00.1 b Each Type IV Arrow-(T ermoplastic), 37. 1 EA at F1`w S^/ • Qts\Va1".5 $ Each • Type VI Arrow(Thermoplastic, 1 �'"� 38. 1 EA at 0tA -^\\�ePo�d` �J $ 1 �.✓C)•' ,,mots Each Type VII Arrow(Thermoplastic), 0.�� 39. 1 EA at 143 ved.,;w/ $, • 'S•akta� , Each BP-10 1 ` • • BID SHEET FOR ANNUAL ON-CALL SERVICES FOR STREET STRIPING • AND PAVEMENT MARKING • ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE IN WITH UNIT PRICE WRITTEN FIGURES IN WORDS Typical Regulatory Signage Replacement, 40, 1 EA ate Ver,v 'kw.\z‘tAu etas Each $ Remove Striping or Markings „,, rmopiastic), at I —500 a�_►f - ue,. 1"-it1Li $ dd 41, 501 —1,000 LF $4.-4.1'qM ieDi9ktO.SS $ `t Over 1,000 'tut ,47)0104.c•S $ Linear Feet 0 0 • Q • Company Name and Telephone Number NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work, and the total of all items inserted in the space provided. • • BP-11 'A�o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 5/30/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Account Managers Alera-Adamson McGoldrick Insurance Agency LLC PHONE o,Ext): 714-257-9644 (%"uc.No): 714-257-9833 Adamson&McGoldrick Insurance Solutions IAIE-MAIL 1150 E.Orangethorpe Ave., Suite 100 ADDRESS: certificatesnadamsonmcgoldrick.com Placentia, CA 92870 INSURER(S)AFFORDINGCOVERAGE NAICA www.adamsonmcgoldrick.com INSURER A: Greenwich Insurance Company - 22322 INSURED INSURER B: Orange County Striping Service, Inc. 183 N.Pixley St. INSURER C: Orange CA 92868 INSURERD: Midwest Employers Casualty Company 23612 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 80281025 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,INSR MD POLICY NUMBER INM!DD/YYYYI (MMIDDIYYYY) LIMITS A / COMMERCIAL GENERAL UABILITY V ,/ NGL-1006048-02 6/1/2024 6/1/2025 EACH OCCURRENCE $1,000,000 __ DAMAGE TO RENTED CLAIMS-MADE ,/ OCCUR PREMISES(Ea occurrence) $300,000 - Contractual Liab. MED EXP(Any one person) $5,000 BFPD/NO XCU EX PERSONAL&ADV INJURY $1,000,000 GENII.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ✓ PECOT- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ✓ ✓ NBA-1006049-02 6/1/2024 6/1/2025 (EOAae dELSINGLELIMIT S1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ✓, HIRED , NON-OWN PROPERTY AUTOS ONLY ✓ AUTOS ONES Per acddentl DAR1AGE $ $ -UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION S $ D WORKERS COMPENSATION BNUWC0159760 6/1/2024 6/1/2025 ,/ STATUTE EOTH AND EMPLOYERS'LIABILITY — ANYPROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? Y N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1.000.000.. If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101.Additional Remarks Schedule.may he attached If more space is required) Project:Annual On Call Services for Street Striping&Pavement Marking APPROVED AS TO FORM/ City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers"as additional insured per the atta he endorsement. Ste__ Primary and Non-contributory wording applies. ICHAEL E. GATES 30 Day Notice of Cancellation,10 Day Non-Payment M CITY ATTORNEY CITY OF HUNTING BEACH CERTIFICATE HOLDER CANCELLATION Project:Annual On Call Services for Street Striping&Pavement Marking SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE F-A- ..".. /� I Brian McGoldrick ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 80281025 I ORAt1G-1 124-25 GL/AUTO/EC/UNa .Raster Template' I Evett Lam 15/30/2024 3:52:41 PM (PDT) I Page 1 of 19 POLICY NUMBER:NGL-1006048-02 COMMERCIAL GENERAL LIABILITY 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) Location(s) Of Covered Operations City of Huntington Beach,its officers,elected or appointed officials, Annual citywide striping project for employees,agents and volunteers City of Huntington Beach 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 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. All 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 on behalf of the additional insured(s) at the in the performance of your ongoing operations for location of the covered operations has been the additional insured(s) at the location(s) completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its 1. The insurance afforded to such additional 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 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 2 80281025 I ORANG-1 124-25 GL/AUro/WC/UMB *Master Template' I Evett Lam 15/30/2024 3,52:41 PM (PDT) I Page 18 of 19 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 1219 80281025 I ORAUG-1 124-25 GL/AUSO/4:C/U08 ,Raster Template• I Evett Lam 15/30/2.024 3:52:41 P:4 (PDT) I Page 19 of 19 POLICY NUMBER: NGl_-1006048-02 COMMERCIAL GENERAL LIABILITY CG20371219 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 appointed officials, Annual citywide striping project for City of Huntington Beach employees,agents and volunteers Description of Completed Operations:On call striping and signage maintenance 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 1. Required by the contract or agreement; or in the"products-completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by 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 80281025 I ORAes-1 124-25 GL/AUTO/41C/UMB 'Master Template. I Evett Lam 15/30/2024 3.52:41 P1. (PG71 I Pays 11 of 1? NGL-10C6048-02 COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 80281025 I OFA!::;- 124-1t CL/AUTO/4IC/UXB 'Master Template* I Evett Lam 15/30/2024 3:52,41 Pi-: (PDT) I Page 2 of ENDORSEMENT# This endorsement, effective 12:01 a.m.06/01/2024 ,forms a part of Policy No.NGL-1006048-02 issued to Orange County Striping Service,Inc. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XL Plus Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force—Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to$300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury—Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to$5,000 • Loss of earnings increased to$1,000 per day G. Broadened Named Insured H. Blanket Additional Insured—Managers or Lessors of Premises I. Blanket Additional Insured—Lessor of Leased Equipment J. Injury to Co-Employees and Co-Volunteer Workers K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M.Liberalization N. Blanket Waiver of Subrogation O. Incidental Medical Malpractice Injury P. Extension of Coverage—Bodily Injury Q.Coverage Territory Form XIL 436 1208 ©2008,XL America,Inc. Page 1 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 80281025 I ORANG-1 1 24-25 GL/AUTO/?:C/UMB `Master Template. 1 Evett Lam 15/30/2024 3:52:41 PM (PDT) I Page 9 of 19 A. REASONABLE FORCE—BODILY INJURY OR PROPERTY DAMAGE Exclusion a. Expected Or Intended Injury of Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I—Coverages is deleted in its entirety and replaced by the following: [This insurance does not apply to:) Expected or Intended Injury or Damage "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of 2. Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I-Coverages is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke,aircraft or vehicles, riot or civil commotion,vandalism, leakage from fire extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section III-Limits of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers, steam pipes,steam engines,or steam turbines. 3. Paragraph 6. of Section III-Limits of Insurance is deleted in its entirety and replaced by the following: 6.a.Subject to Paragraph 5. above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same"occurrence",whether such damage results from fire, explosion, lightning,smoke,aircraft or vehicle or riot or civil commotion,vandalism,leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000;or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. Form XIL 436 1208 ©2008,XL America, Inc. Page 2 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 80281025 I ORAt:G-1 124-25 GL/AUTO/;C/Ulia 'Master Template' 1 Evett Lam 15/30/2024 3:52:41 P:i (PDT) I Page 10 of 19 • 4. Paragraph 9.a.of the definition of"insured contract"under Section V-Definitions,is deleted in its entirety and replaced by the following: [Insured contract"means:] a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, aircraft or vehicle, riot or civil commotion,vandalism,leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an "insured contract". 5. This Article B. does not apply if coverage for Damage to Premises Rented to You of Coverage A. Bodily Injury And Property Damage Liability of Section I — Coverages is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in Exclusion g.,Aircraft,Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of Section I—Coverages: [This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Article C.does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C.shall be excess over any valid and collectible insurance available to the insured,whether primary,excess,contingent or on any other basis,except for insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of Exclusion g.Aircraft.Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I—Coverages is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less;and (b) Not being used to carry persons or property for a charge; 2. This Article D.applies to any person who,with your expressed or implied consent,either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D.shall be excess over any other valid and collectible insurance available to the insured,whether primary, excess,contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E. PERSONAL AND ADVERTISING INJURY—ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Part 2., Exclusions of Coverage B. Personal And Advertising Injury Liability of Section I—Coverages is deleted in its entirety and replaced by the following: Form XIL 436 1208 ©2008,XL America,Inc. Page 3 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 80281025 1 ORAt:G-1 124-25 GL/AUTO/5C/U(IB *Master Template. 1 Evett Lam 15/30/2024 3:52:41 PM (POT) 1 Page 11 of 19 [This insurance does not apply to;) e. Contractual Liability "Personal and Advertising injury"for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: 1. That the insured would have in the absence of the contract or agreement;or 2. Assumed in a written contract or agreement that is an"insured contract'; provided the "personal and advertising injury"is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f. of the definition of"insured contract"Section V.-Definitions is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business,including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury", "property damage"or"personal and advertising injury"to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement 2. This Article E.does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1.b.and d.of Supplementary Payments -Coverages A And B of Section I - Coverages are amended as follows: 1. In Subparagraph b.,the amount we will pay for the cost of bail bonds is increased up to $5,000. 2. In Subparagraph d.,the amount we will pay for a loss of earnings is increased up to $1,000 a day. G. BROADENED NAMED INSURED 1. The Named Insured in Item 1.of the Declarations is as follows: • The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization. 2. This Article G.does not apply to any person or organization for which coverage is excluded by endorsement. Form XIL 436 1208 ©2008,XL America,Inc. Page 4 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 80201025 I ORAt1G-1 124-25 GL/AUTO/4;C/1418 Master Template. 1 Evett lam 15/30/2024 3:52:41 P1.1 (PUT) 1 Page 12 of 19 H. BLANKET ADDITIONAL INSURED—MANAGERS OR LESSORS OF PREMISES 1. Section II-Who Is An Insured is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of insurance afforded to the"additional insured"shall be the limits you agreed to provide,or the limits shown on the Declarations,whichever is less. b. The insurance afforded to the"additional insured"does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or (3) Structural alterations, new construction or demolition operations performed by or on behalf of such"additional insured". 2. The insurance afforded to the"additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. I. BLANKET ADDITIONAL INSURED—LESSOR OF LEASED EQUIPMENT 1. Section II-Who Is An Insured is amended to include an"additional insured" (as defined in Article H.above),but only with respect to their liability arising out of maintenance,operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured" shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the"additional insured"does not apply to: (1) Any"occurrence"that takes place after the equipment lease expires;or (2) "Bodily injury"or"property damage"arising out of the sole negligence of such additional insured. 2. The insurance provided to the"additional insured"is excess over any valid and collectible insurance available to such"additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. J. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. Section II-Who Is An Insured is amended to include your"employees"as insureds with respect to"bodily injury"to a co-"employee"in the course of the co-"employee's" employment by you, or to your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your"employees"does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. Form XIL 4361208 ©2008,XL America, Inc. Page 5 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 00201025 1 OAANG-1 124-25 W./AUTO/WC/Ogg 'Master Template' 1 Evett Lam 1 5/30/2024 3:52:41 P1 (PDT) i Page 13 of 19 2. Section II—Who Is An Insured is amended to include your"volunteer workers"as insureds with respect to"bodily injury"to a co-"volunteer worker"while performing duties related to the conduct of your business, or to your"employees"employment by you, provided that this coverage for your"volunteer workers"does not apply while performing duties unrelated to the conduct of your business. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit of the Section IV-Commercial General Liability Conditions: Notice of an"occurrence"or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the"occurrence"or offense has been reported to any insured listed under Paragraph 1.of Section II-Who Is An Insured or any"employee"(such as insurance, loss control, risk manager or administrator)designated by you to give such notice. Knowledge of any other"employee(s)"of an"occurrence"or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1.of Section II—Who Is An Insured or an"employee"(such as an insurance, loss control,or risk manager or administrator) designated by you to give such notice discovers that the"occurrence",offense or claim may involve this policy. L. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations, of Section IV-Commercial General Liability Conditions: The unintentional omission of, or unintentional error in,any information provided by you shall not prejudice your rights under this insurance. However,this Article L.does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws or regulations. M. LIBERALIZATION The following is added to Section IV-Commercial General Liability Conditions: Liberalization After the issuance of this policy, if we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without a premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. Form XI 436 1208 ©2008,XL America,Inc. Page 6 of 8 includes copyrighted material of Insurance Services Office,Inc.,with its permission. 90281025 1 ORANG-1 124-25 GL/AUTO/1C/U190 •14astet Template` I Evett Lam 1 5/30/2024 3:52:41 P:-[ (PDT) I Page 14 of 19 N. BLANKET WAIVER OF SUBROGATION The following is added to Section IV-Commercial General Liability Conditions: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you;ongoing operations performed by you or on your behalf,done under a contract with that person or organization;"your work"; or"your products". We waive this right where you have agreed to do so as part of a written contract,executed by you prior to loss. O. INCIDENTAL MEDICAL MALPRACTICE INJURY 1. For insurance applicable to this Article O, the definition of"bodily injury" in Section V - Definitions is amended to include,"Incidental Medical Malpractice Injury". 2. The following definition is added to Section V-Definitions: "Incidental medical malpractice injury" means"bodily injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of,or failure to render,the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; c. First aid;or d. "Good Samaritan Services". As used in this Article O.,"Good Samaritan Services"are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of Section II -Who Is An Insured does not apply to any registered nurse,licensed practical nurse,emergency medical technician or paramedic employed by you, but only while performing the services described in Paragraph 2. above and while acting within the scope of their employment by you, Any "employees" rendering "Good Samaritan Services"will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Paragraph 2. Exclusions of Coverage A.—Bodily Injury And Property Damage Liability of Section I—Coverages: [This insurance does not apply to:) Willful Violation of Penal Statute Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services described in Paragraph 2.a.through 2.d.above to any one person,wilt be considered one"occurrence". 6. This Article O. does not apply if you are in the business or occupation of providing any of the services described in Paragraph 2.above. Form XIL 4361208 ©2008,XL America,Inc. Page 7 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 80281025 I ONAUG-1 124-25 GL/AUTO/FCC/UME *Master Template' I Evett Lam 15/30/2024 3:52:41 PM (PDT) I Page I5 of 19 • 7. The insurance provided by this Article O. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. P. EXTENSION OF COVERAGE—BODILY INJURY The definition of"bodily injury"Section V-Definitions is deleted in its entirety and replaced by the following: 3. "Bodily injury"means bodily injury,mental anguish, mental injury,shock,fright,disability, humiliation, sickness or disease sustained by a person,including death resulting from any of these at any time. Q. COVERAGE TERRITORY The definition of"coverage territory"Section V-Definitions is deleted in its entirety and replaced by the following: 4. "Coverage territory"means anywhere in the world. This insurance does not apply to: a. "bodily injury"or"property damage"that takes place; or b. "personal and advertising injury"caused by an offense committed outside the United States of America(including its possessions and territories), Canada and Puerto Rico, unless a"suit"on the merits(to determine the insured's responsibility to pay damages to which this insurance applies)is brought in the United States of America(including its possessions and territories),Canada or Puerto Rico. This insurance does not apply to damage, loss, cost or expenses in connection with any "suit"brought outside the United States of America (including its possessions and territories),Canada or Puerto Rico. Form XIL 436 1208 ©2008,XL America,Inc. Page 8 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 90261025 I ORANG-1 124-25 GL/AUTO/t•:C/UtMD .Master Template. I Evett Lam 15/30/2024 3:52:41 PM (PDT) I Page 16 of 19 POLICY NUMBER:NBA-1006049-02 XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract,Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage 1. Rental Reimbursement 2. Extra Expense—Broadened Coverage 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair—Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance H. Bodily Injury Redefined 1. Extended Cancellation Condition XIC 421 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 1 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 80281025 1 ORANG-1 124-25 GL/AUTO/iC/UMB `Master Template` I Evett Lam 15/30/2024 3:52:41 P:4 (PDT) I Page 3 of 19 A. Temporary Substitute Auto Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered"autos"for Physical Damage coverage: 1. Any"auto"you do not own while used with the permission of its owner as a temporary substitute for a covered"auto"you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss";or e. Destruction. B. Who Is An Insured SECTION 11 — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization. 2. Employees As Insureds Any"employee"of yours is an "insured"while using a covered"auto"you don't own, hire or borrow, in your business or your personal affairs. 3. Additional Insured By Contract,Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An"employee"of yours is an "insured"while operating an"auto"hired or rented under a contract or agreement in that"employee's" name, with your permission, while performing duties related to the conduct of your business. XIC 421 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 2 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office,inc.,with its permission. 80281025 1 ORAMG-1 1 24-25 GL/AUTO/MC/UMB `Master Template` I Evett Lam 1 5/30/2024 3:52:41 PM (PD71 1 Page 4 of 19 SECTION IV—BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered"auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. Supplementary Payments SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is changed as follows: Item(2)is deleted and replaced by the following: (2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an"accident"we cover.We do not have to furnish these bonds. Item(4)is deleted and replaced by the following: (4) All reasonable expenses incurred by the"insured" at our request, including actual loss of earnings up to$500 a day because of time off from work. D. Amended Fellow Employee Exclusion SECTION II—COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee does not apply. The insurance provided under this Provision D.is excess over any other collectible insurance. E. Physical Damage Coverage SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage is changed by adding the following: 1. Rental Reimbursement a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the"loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: XIC 421 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 3 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 80281025 I ORAIIG-1 124-25 GUAUTO/KC/UMB .Master Template. I E:vett Lam 15/30/2024 3:52:41 PM (PDT) I Page 5 of 19 • (1) The number of days reasonably required to repair or replace the covered"auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered"auto"and return it to you. (2) Thirty(30)days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred. (2) $50 any one day per private passenger"auto"; $100 any one day per truck; $1,500 any one period per private passenger"auto"; $3,000 any one period per truck;or Higher limits if shown elsewhere in this policy. d. This coverage does not apply while there are spare or reserve "autos"available to you for your operations. e. If"loss"results from the total theft of a covered"auto"of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. 2. Extra Expense—Broadened Coverage We will pay for the expense of returning a stolen covered"auto"to you. 3. Personal Effects Coverage If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for"personal effects" stolen from the"auto". As used in this endorsement, "personal effects" means tangible property that is worn or carried by an"insured". "Personal effects"does not include tools,jewelry, money or securities. 4. Lease Gap In the event of a total "loss"to a covered"auto"shown in the Declarations,we will pay any unpaid amount due on the lease or loan for a covered"auto",less: a. The amount paid under the Physical Damage Coverage Section of the policy;and b. Any: (1) Overdue lease/loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchases with the loan or lease;and (5) Carry-over balances from previous loans or leases. XIC 421 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 4 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 80281025 I ORANG-L 124-25 GL/AUTO/OC/001 .Master Template* 1 Evett Lam 1 5/30/2024 3:52:41 PM (PDT) 1 Page 6 of 19 5. Glass Repair—Waiver Of Deductible No deductible applies to glass damage if the glass is repaired rather than replaced. F. Physical Damage Coverage Extensions SECTION III--PHYSICAL DAMAGE COVERAGE,A.Coverage,4. Coverage Extensions is amended by the following: 1. Additional Transportation Expense Sections a.and b. are amended to provide a limit of$50 per day and a maximum limit of$1,000. 2. Hired Auto Physical Damage The following section is added: Any "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" for physical damage coverage. The most we will pay for each covered"auto"is the lesser of: (1) the actual cash value; (2) the cost for repair or replacement;or (3) $50,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage. For each covered "auto" a deductible of $100 for Comprehensive Coverage and $1,000 for Collision Coverage will apply. G. Business Auto Conditions SECTION IV—BUSINESS AUTO CONDITIONS,A. Loss Conditions is changed by the following: 1. Notice Of Occurrence Section 2.—Duties In The Event Of Accident,Claim,Suit Or, Loss,a. is changed by adding the following: If you report an injury to an "employee" to your workers' compensation carrier and if it is subsequently determined that the injury is one to which this insurance may apply, any failure to comply with this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply. 2. Waiver Of Subrogation Section 5. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: However, this Condition does not apply to any person(s)or organization(s)with whom you have a written contract, but only to the extent that subrogation is waived prior to the"accident"or the"loss" under such contract with that person or organization. XIC 421 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 5 of 6 May not be copied without permission. Includes copyrighted material of insurance Services Office,Inc.,with its permission. 80281025 I ORAMG-1 124-25 GL/AUTO/5C/UMB 'Master Template. 1 Evett Lam ( 5/30/2024 3:52:41 PM (PDT) 1 Page 7 of 19 SECTION IV—BUSINESS AUTO CONDITIONS, B.General Conditions is changed by the following: 3. Unintentional Failure To Disclose Hazards The following condition is added: Your unintentional failure to disclose all hazards as of the inception date of the policy shall not prejudice any insured with respect to the coverage afforded by this policy. 4. Primary Insurance Condition 5.Other Insurance is changed by adding the following: For any covered "auto" this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a"loss'. H. Bodily Injury Redefined SECTION V—DEFINITIONS, C."Bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish, mental injury,shock,fright or death resulting from any of these at any time. Extended Cancellation Condition COMMON POLICY CONDITIONS (Form IL 00 17),A.Cancellation,2.b. is replaced by the following: The greater of sixty(60)days or the time required by any applicable state amendatory endorsement before the effective date of cancellation if we cancel for any other reason. All other terms and conditions of this policy remain unchanged. XIC 421 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 6 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. 80281025 I ORAEG-1 124-25 GL/AUTO/WC/UFB `Master Template` 1 Evett Lam 15/30/2024 3:52:41 PM (PDT) 1 Page 8 of 19 AMENDMENT NO. 6 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY STRIPING SERVICES, INC. FOR ON-CALL STRIPING AND SIGNAGE MAINTENANCE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "City,"and ORANGE COUNTY STRIPING SERVICES, INC., a California Corporation,hereinafterr referred to as "Contractor." WHEREAS, City and Consultant are parties to that certain agreement, dated September 13, 2021, entitled"Service Agreement Between the City of Huntington Beach and Orange County Striping Services, Inc. for On-Call Striping and Signage. Maintenance"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by.reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Two Hundred Eighty Five Thousand. Dollars ($285,000.00). The additional sum shall be added to the original sum of One 23-13541/320971 1 Million Seven Hundred Fifteen Thousand Dollars ($1,715,000.00), for a new contract amount not to exceed Two Million Dollars ($2,000,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on /V/Orbt.-ip )02 'e;2023. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of California By: YLL.►-t Nikik print name ITS: (circle one)Chairma 'resident ice President City Manag D INITIATED A D A'PP 'OVED: CO, O Director of Public Works rint name ITS: (circle one), ecre y�Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer av( City Attorney RECEIVE AND FILE: bl' ic141-11144, ei.4/) City Clerk ////21ix COUNTERPART 23-13541/320971 2 Million Seven Hundred Fifteen Thousand Dollars ($1,715,000.00), for a new contract amount not to exceed Two Million Dollars ($2,000,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on 1 V eVaii&i' 021''v , 2023. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President City Manager AND INITIATED AND PROVED: By: rj/i/(' Director of Public Works print name ITS: (circle one) Secretary/Chief Financial APPROVED AS T • C ' Officer/Asst. Secretary-Treasurer 4°1� Ae0 City Atto '-y RECE E AND FILE: City Clerk COUNTERPART 23-13541/320971 2 AMENDMENT NO. 5 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY STRIPING SERVICES, INC. FOR ON-CALL STRIPING AND SIGNAGE MAINTENANCE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "City," and ORANGE COUNTY STRIPING SERVICES, INC., a California Corporation, hereinafter referred to as"Contractor." WHEREAS, City and Consultant are parties to that certain agreement, dated September 13, 2021, entitled"Service Agreement Between the City of Huntington Beach and Orange County Striping Services, Inc. for On-Call Striping and Signage Maintenance"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. The term of the Agreement is extended for one additional year until September 12, 2024. 2. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Three Hundred Thirty Five Thousand Dollars ($335,000.00). The additional sum shall be added to the original sum of One 23-13182/315299 1 Million Three Hundred Eighty Thousand Dollars ($1,380,000.00), for a new contract amount not to exceed One Million Seven Hundred Fifteen Thousand Dollars ($1,715,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on August 23 , 2023. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of California By: i A: ak., VC;vr-, (�G �rsc r print name ITS: (circle one)Chairmari/President7Nice President City Man ger ND IN D PPROVED: By: IA KA ►1t:m• Director of ubli Works print name ITS: (circle one ecretary/Chief Financial APPROVED AS TO FORM: Officer/Asst a ! 7 Treasurer f'f• ,� City Attorney COUNTERPART RECEIVE AND FILE: City Clerk 23-13182/315299 2 Million Three Hundred Eighty Thousand Dollars ($1,380,000.00), for a new contract amount not to exceed One Million Seven Hundred Fifteen Thousand Dollars ($1,715,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on August 23 , 2023. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of California By: print name ITS: (circle one)Chairman/PresidentNice President ity Man ger J AND IN D PPROVED: By: Director of ubli Works print name ITS: (circle one) Secretary/Chief Financial APPROVED RM: Officer/Asst. Secretary-Treasurer CC4 ( COUNTERPART Cit ttorney CEIVE AND FILE: L qd u) City Clerk 8f22/123 23-13182/315299 2 .. le‘r„, , ...---, /DDIVYY AR D® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/2023 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brigid Lopez Alera-Adamson McGoldrick Insurance Agency LLC PHONE FAX Adamson& McGoldrick Insurance Solutions (A/C.No.EXt): 714-257-9644 ("tic.No): 714-257-9833 1150 E.Orangethorpe Ave., Suite 100 n DRESS: blopez(a adamsonmcgoldrick.com Placentia, CA 92870 INSURER(S)AFFORDI NG COVERAGE HAIL( www.adamsonmcgoldrick.com INSURER A: Greenwich Insurance Company 22322 INSURED INSURER B Orange County Striping Service, Inc. INSURERC; 18311.Pixley St. Orange CA 92868 INSURER D: Midwest Employers Casualty Company 23612 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 74515254 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. ILTR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP INSD WVO POLICY NUMBER (MMIDDIYYYY) (MMIDDJYYYY) LIMITS A i.COMMERCIAL GENERAL LIABILITY ✓ ✓ NGL-1006048-01 6/1/2023 6/1/2024 EACH OCCURRENCE $1,000,000 AMAGE CLAIMS-MADE / OCCUR PREM SESO(EaENTED occurrence) $300,000 Contractual!lab. MED EXP(Any one person) $5,000 BFPD/NO XCU EX PERSONAL 8ADV INJURY $1,000,000 GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY / 28, LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ✓ i NBA-1006049-01 6/1/2023 6/1/2024 (EseocidBD(SINGLELIMIT $1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓AUTOS ONLY AUTOS ONLY (Per accident) S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ D WORKERS COMPENSATION BNUWC0159760 6/1/2023 6/1/2024 ,/ STATUTE ERH AND EMPLOYERS'LIABILITY A YPROtFtPIRIETOREXO UDRID7ECUTIVE Y1,N NIA E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $1,000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS)LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Project:Annual On Call Services for Street Striping&Pavement Marking eADt�De A h� pp City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers"as addllrbrta FJH tti endorsement. Primary and Non-contributory wording applies. Py �1"oe 30 Day Notice of Cancellation,10 Day Non-Payment MI AEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION Project:Annual On Call Services for Street Striping&Pavement Marking SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 :::::::::ERTE I �' ©1986-2015 ACORD CORPORATION. All rights.reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 74515254 I ORANG-1 123-24 GI./AUTO/WC/UMB *Master Template. I Brigid Lopez 15/23/2023 8:34:44 AM (PST) I Page 1 of 20 • POLICY NUMBER:NGL-1006048-01 COMMERCIAL GENERAL LIABILITY CG20101219 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) Location(s)Of Covered Operations • City of Huntington Beach,its officers,elected or appointed officials, Annual citywide striping project for employees,agents and volunteers City of Huntington Beach 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 organizations) 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. All 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 on behalf of the additional insured(s) at the in the performance of your ongoing operations for location of the covered operations has been the additional insureds) at the location(s) completed; or designated above. 2. That portion of "your work" out of which the However: Injury or damage arises has been put to Its 1. The insurance afforded to such additional 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 1219 ©Insurance Services Office, inc.,2018 Page 1 of 2 74515852 1 ORANG-1 1 23-24 OL/AUTO/WC/UMB .Master Template. 1 Brigid Lopez 1 5/23/2023 9,06,44 AM (PST) 1 Page 18 of 19 • 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 lII—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 2010 1219 74515852 1 ORANO-1 1 23-24 GL/AUTO/WC/UMB •Master Template• 1 Brigid Lopez 1 5/23/2023 9:06:44 AM (PST( 1 Page 19 of 19 POLICY NUMBER: NGL-1006048-01 COMMERCIAL GENERAL LIABILITY CG 20 37 1219 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 appointed officials, Annual citywide striping project for City of Huntington Beach employees,agents and volunteers Description of Completed Operations:On call striping and signage maintenance 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 1. Required by the contract or agreement;or in the"products-completed operations hazard". However: insurance; Available under the applicable limits of insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by 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 I 74515852 I ORARO-1 1 23-24 OL/AUTO/WC/UMB *Master Template• 1 Brigid Lopez 1 5/23/2023 9:06:44 AM (PST) 1 Page 17 of 19 NGL-1006048-0i COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART • The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and CG 20 01 1219 ©Insurance Services Office, Inc., 2018 Page 1 of 1 74515254 I ORAWG-1 123-24 GL/AUTO/WC/ .Master Template+ 1 Brigid Lopez 15/23/2023 0,34:44 AM (PST) 1 Page 6 of 20 COMMERCIAL GENERAL LIABILITY CG 21 06 05 14 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I — Coverage A — As used in this exclusion, electronic data Bodily Injury And Property Damage Liability Is means information, facts or programs replaced by the following: stored as or on, created or used on, or 2. Exclusions transmitted to or from computer software, including systems and applications This insurance does not apply to: software, hard or floppy disks, CD-ROMs, p. Access Or Disclosure Of Confidential Or tapes, drives, cells, data processing Personal Information And Data-related devices or any other media which are used Liability with electronically controlled equipment. Damages arising out of: B. The following is added to Paragraph 2. (1) Any access to or disclosure of any Exclusions of Section I — Coverage B — person's or organization's confidential or Personal And Advertising Injury Liability: personal information, including patents, 2. Exclusions trade secrets, processing methods, This insurance does not apply to: customer lists, financial information, credit card information, health Access Or Disclosure Of Confidential Or information or any other type of Personal Information nonpublic information; or "Personal and advertising injury" arising out of (2) The loss of, loss of use of, damage to, any access to or disclosure of any person's or corruption of, inability to access, or organization's confidential or personal inability to manipulate electronic data. information, including patents, trade secrets, processing methods, customer lists, financial This exclusion applies even if damages are information, credit card information, health claimed for notification costs, credit information or any other type of nonpublic monitoring expenses, forensic expenses, information. public relations expenses or any other loss, This exclusion applies even if damages are cost or expense incurred by you or others claimed for notification costs, credit monitoring arising out of that which is described in expenses, forensic expenses, public relations Paragraph(1)or(2)above. expenses or any other loss, cost or expense However, unless Paragraph (1) above incurred by you or others arising out of any applies, this exclusion does not apply to access to or disclosure of any person's or damages because of"bodily injury". organization's confidential or personal information. CG 21 06 0514 ©Insurance Services Office, Inc.,2013 Page 1 of 1 74515254 i ORAB0-1 123-24 GL/AU70/WC/UN8 *Beater Template' 1 Brigid Lopez 15/23/2023 8:34,44 AM (PST) 1 Page 5 of 20 POLICY NUMBER:NBA-1006049-01 XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract,Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage 1. Rental Reimbursement 2. Extra Expense--Broadened Coverage 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair—Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance H. Bodily Injury Redefined I. Extended Cancellation Condition XIC 421 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 1 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 74515254 10RAN0-1 123-24 0L/AV20/WC/UMB ,Master Template. I Brigid Lopez 15/23/2023 8,34,44 AM (PST) I Page 7 of 20 • A. Temporary Substitute Auto Physical Damage • SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered"autos"for Physical Damage coverage: • 1. Any"auto"you do not own while used with the permission of its owner as a temporary substitute for • a covered"auto"you own that is out of service because of its: a. Breakdown; • b. Repair; c. Servicing; d. "Loss";or e. Destruction. B. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization. 2. Employees As Insureds Any"employee"of yours is an"insured"while using a covered"auto"you don't own, hire or borrow, in your business or your personal affairs. 3. Additional Insured By Contract,Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An"employee" of yours is an"insured"while operating an"auto" hired or rented under a contract or agreement in that"employee's" name, with your permission, while performing duties related to the conduct of your business. XIC 421 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 2 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 74515254 I ORANG-1 123-24 GL/AUTO/[VC/UMB *Master Template• I Brigid Lopez 18/23/2023 8:34:44 AM (PST) I Page 8 of 20 SECTION IV—BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered"auto"you lease, hire, rent or borrow;and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered • "auto". C. Supplementary Payments SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is changed as follows: Item(2) is deleted and replaced by the following: (2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an"accident"we cover.We do not have to furnish these bonds. Item(4) Is deleted and replaced by the following: (4) All reasonable expenses incurred by the"insured" at our request, including actual loss of earnings up to$500 a day because of time off from work. D. Amended Fellow Employee Exclusion SECTION II—COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee does not apply. • The insurance provided under this Provision D.is excess over any other collectible insurance. E. Physical Damage Coverage SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage is changed by adding the following: 1. Rental Reimbursement a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: XIC 421 1013 02013 X.L. America, Inc. All Rights Reserved. Page 3 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 74515254 1 ORANG-1 1 23-24 GL/AUTO/WC/Ut4B .Master Template+ 1 Brigid Lopez 1 5/23/2023 8:34144 AM (PST) 1 Page 9 of 20 (1) The number.of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered"auto"and return it to you. (2) Thirty(30)days. • c. Our payment is limited to the lesser of the following amounts: • • (1) Necessary and actual expenses incurred. (2) $50 any one day per private passenger"auto"; $100 any one day per truck; • $1,500 any one period per private passenger"auto'; $3,000 any one period per truck;or Higher limits if shown elsewhere in this policy. d. This coverage does not apply while there are spare or reserve"autos" available to you for • your operations. e. If"loss"results from the total theft of a covered "auto"of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. 2. Extra Expense—Broadened Coverage We will pay for the expense of returning a stolen covered"auto"to you. 3. Personal Effects Coverage If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for"personal effects" stolen from the"auto". As used in this endorsement, "personal effects" means tangible property that is worn or carried by an"insured". "Personal effects"does not include tools,jewelry, money or securities. 4. Lease Gap In the event of a total "loss" to a covered"auto"shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered"auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health,Accident or Disability Insurance purchases with the loan or lease;and (5) Carry-over balances from previous loans or leases. XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 4 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 74515254 1 OHA0G-1 1 23-24 GL/AUTO/NC/UMB *Master Template• 1 Brigid Lopez 15/23/2023 8134,44 AM (PST) 1 Page 10 of 20 5. Glass Repair—Waiver Of Deductible No deductible applies to glass damage if the glass is repaired rather than replaced. F. Physical Damage'Coverage Extensions SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4. Coverage Extensions is amended by the following: • 1. Additional Transportation Expense Sections a.and,b.are amended to provide a limit of$50 per day and a maximum limit of$1,000. 2. Hired Auto Physical Damage The following section is added: Any"auto" you lease, hire, rent or borrow is deemed to be a covered "auto" for physical damage coverage. The most we will pay for each covered"auto"is the lesser of: (1) the actual cash value; (2) the cost for repair or replacement;or (3) $50,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage. For each covered "auto" a deductible of $100 for Comprehensive Coverage and $1,000.for Collision Coverage will apply. G. Business Auto Conditions • SECTION IV—BUSINESS AUTO CONDITIONS,A.Loss Conditions is changed by the following: 1. Notice Of Occurrence Section 2.—Duties In The Event Of Accident,Claim, Suit Or, Loss,a. is changed by adding the following: If you report an injury to an "employee" to your workers' compensation carrier and if it is subsequently determined that the injury is one to which this insurance may apply, any failure to comply with this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply. 2. Waiver Of Subrogation Section 5. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: However, this Condition does not apply to any person(s) or organization(s)with whom you have a written contract, but only to the extent that subrogation is waived prior to the"accident"or the"loss" under such contract with that person or organization. XIC 421 1013 02013 X.L.America, Inc, All Rights Reserved, Page 5 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 74515254 I OBANG-1 23-24 GL/AUTO/Sti0/UpNB "plaster Template• I Brigid Lopez 15/23/2023 13:34o44 AM (PST) I Page 11 of 20 SECTION IV—BUSINESS AUTO CONDITIONS,B.General Conditions is changed by the following: 3. Unintentional Failure To Disclose Hazards The following condition is added: • Your unintentional failure to disclose all hazards as of the inception date of the policy shall not prejudice any insured with.respect to the coverage afforded by this policy. 4. Primary Insurance Condition 5.Other Insurance is changed by adding the following: For any covered "auto" this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a"loss". H. Bodily Injury Redefined SECTION V—DEFINITIONS,C."Bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish, mental injury,shock, fright or death resulting from any of these at any time. Extended Cancellation Condition COMMON POLICY CONDITIONS (Form IL 00 17),A.Cancellation,2.b. is replaced by the following: The greater of sixty (60) days or the time required by any applicable state amendatory endorsement before the effective date of cancellation if we cancel for any other reason. All other terms and conditions of this policy remain unchanged. XIC 421 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 6 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 74515254 l ORARO-1 i 23-24 GL/AUTO/WC/UN.B *Master Template* l Brigid Lopez l 5/23/2023 5,34,44 AM (PST) I Page 12 of 20 ENDORSEMENT# This endorsement,effective 12:01 a.m.06/01/2023 , forms a part of Policy No.NGL-1006048-01 issued to Orange County Striping Service,Inc. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XL Plus Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force—Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to$300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury—Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to$5,000 • Loss of earnings increased to$1,000 per day G.Broadened Named Insured H. Blanket Additional Insured—Managers or Lessors of Premises I. Blanket Additional Insured—Lessor of Leased Equipment J. Injury to Co-Employees and Co-Volunteer Workers K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M.Liberalization N. Blanket Waiver of Subrogation O. Incidental Medical Malpractice Injury P. Extension of Coverage—Bodily Injury Q.Coverage Territory Form XIL 436 1208 ©2008,XL America, Inc. Page 1 of 8 • includes copyrighted material of Insurance Services Office,Inc.,with its permission. 74515254 1 ORANG-1 1 23-24 GL/AUTO/WC/UMB *Master Template• 1 Brigid Lopez 1 5/23/2023 13:34:44 AM (PST) 1 Page 13 of 20 • A. REASONABLE FORCE—BODILY INJURY OR PROPERTY DAMAGE Exclusion a. Expected Or Intended Injury of Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I—Coverages is deleted In Its entirety and replaced by the following: [This Insurance does not apply to:) • Expected or intended Injury or Damage "Bodily Injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of 2. Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I-Coverages Is deleted In its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke,aircraft or vehicles, riot or civil commotion,vandalism, leakage from fire extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section III-Limits of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner,caused by: a. Rupture, bursting,or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers,steam pipes,steam engines,or steam turbines. 3. Paragraph 6.of Section IIi-Limits of Insurance is deleted in its entirety and replaced by the following: 6.a.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of"property damage"to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same `occurrence", whether such damage results from fire, explosion, lightning,smoke,aircraft or vehicle or riot or civil commotion,vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000;or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. Form XiL 436 1208 ©2008,XL America, Inc. Page 2 of 8 includes copyrighted material of Insurance Services Office,Inc.,with its permission. 74515254 1 ORANG-1 123-24 GL/AUTO/WC/UMB ,Master Template• 1 Brigid Lopez 1 5/23/2023 0:34:44 AM (PST) 1 Page 14 of 20 4. Paragraph 9.a.of the definition of"insured contract"under Section V-Definitions,is deleted In its entirety and replaced by the following: ["Insured contract"means:] a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, aircraft or vehicle, riot or civil commotion,vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner Is not an "insured contract". 5. This Article 13. does not apply if coverage for Damage to Premises Rented to You of Coverage A. Bodily Injury And Property Damage Liability of Section I — Coverages is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in Exclusion g.,Aircraft,Auto or Watercraft In Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of Section 1—Coverages: [This exclusion does not apply to:) Aircraft chartered with crew to any Insured. 2. This Article C.does not apply if the chartered aircraft Is owned by any insured. 3. The insurance provided by this Article C.shall be excess over any valid and collectible insurance available to the insured,whether primary;excess, contingent or on any other basis,except for Insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph(2)of Exclusion g.Aircraft.Auto or Watercraft In Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I—Coverages is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less;and (b) Not being used to carry persons or property for a charge; 2. This Article D.applies to any person who,with your expressed or implied consent,either uses or is responsible for the use of the watercraft. 3. This Insurance provided by this Article D.shall be excess over any other valid and collectible Insurance available to the insured,whether primary, excess,contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E. PERSONAL AND ADVERTISING INJURY—ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Part 2., Exclusions of Coverage B. Personal And Advertising Injury Liability of Section I—Coverages is deleted in its entirety and replaced by the following: Form XIL 436 1208 ©2008,XL America,Inc. Page 3 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 7451525d 1 ORANG-1 1 23-24 GL/AUTO/wC/UN.B +Master Template* I Brigid Lopez 15/23/2023 0134,44 AM (PST) 1 Page 15 of 20 [This insurance does not apply to:) e.Contractual Liability "Personal and Advertising Injury"for which the insured has assumed liability In a contract • or agreement. This exclusion does not apply to liability for damages: 1. That the insured would have in the absence of the contract or agreement; or 2. Assumed in a written contract or agreement that Is an"insured contract"; provided the "personal and advertising Injury"Is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f.of the definition of"insured contract"Section V.-Definitions is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business,including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury", "property damage"or"personal and advertising injury"to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 2. This Article E.does not apply if Coverage B.Personal And Advertising injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b.and d.of Supplementary Payments--Coverages A And B of Section I - Coverages are amended as follows: 1. In Subparagraph b., the amount we will pay for the cost of ball bonds is increased up to $5,000. 2. In Subparagraph d.,the amount we will pay for a loss of earnings Is increased up to $1,000 a day. G. BROADENED NAMED INSURED 1. The Named Insured in Item 1.of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization. 2. This Article G.does not apply to any person or organization for which coverage is excluded by endorsement. Form XIL 4361208 ©2008,XL America, Inc. Page 4 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 74515254 1 ORA1G-1 123-24 GL/AUTO/WC/OMB *Master Template" 1 Brigid Lopez 1 5/23/2023 8:34:44 AM (PST) 1 Page 16 of 20 H. BLANKET ADDITIONAL INSURED—MANAGERS OR LESSORS OF PREMISES 1. Section II-Who Is An Insured is amended to include as an Insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional Insured"shall be the limits you agreed to provide,or the limits shown on the Declarations,whichever Is less. b. The insurance afforded to the"additional insured"does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant In that premises; (2) Any premises for which coverage is excluded by endorsement; or (3) Structural alterations,new construction or demolition operations performed by or on behalf of such"additional insured". 2. The Insurance afforded to the"additional insured" is excess over any valid and collectible Insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. I. BLANKET ADDITIONAL INSURED—LESSOR OF LEASED EQUIPMENT 1. Section II-Who Is An Insured Is amended to include an "additional insured" (as defined in Article H.above),but only with respect to their liability arising out of maintenance,operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured"shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the"additional insured"does not apply to: (1) Any"occurrence"that takes place after the equipment lease expires; or (2) "Bodily injury'or"property damage"arising out of the sole negligence of such additional insured. 2. The insurance provided to the"additional insured"is excess over any valid and collectible insurance available to such"additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. J. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. Section II-Who Is An Insured is amended to include your"employees"as insureds with respect to"bodily injury"to a co-"employee"in the course of the co-"employee's" employment by you, or to your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your"employees"does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. Form XIL 436 1208 ©2008,XL America, Inc. Page 5 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 74515254 1 ORA5G-1 1 23-24 GL/AUTO/WC/UMB .Master Template* 1 Brigid Lopez 15/23/2023 8:34:44 AM (PST) 1 Page 17 of 20 2. Section II—Who Is An Insured is amended to include your"volunteer workers"as insureds with respect to"bodily injury"to a co-"volunteer worker"while performing duties related to the conduct of your business, or to your"employees"employment by you, • provided that this coverage for your"volunteer workers"does not apply while performing duties unrelated to the conduct of your business. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit of the Section IV-Commercial General Liability Conditions: Notice of an"occurrence"or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the"occurrence"or offense has been reported to any insured listed under Paragraph 1.of Section II-Who Is An Insured or any"employee"(such as insurance, loss control, risk manager or administrator)designated by you to give such notice. Knowledge of any other"employee(s)"of an"occurrence"or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given In good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1.of Section II—Who Is An Insured or an"employee"(such as an insurance, loss control,or risk manager or administrator) designated by you to give such notice discovers that the"occurrence", offense or claim may involve this policy. L. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations,of Section IV-Commercial General Liability Conditions: The unintentional omission of,or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However,this Article L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws or regulations. M. LIBERALIZATION The following is added to Section IV-Commercial General Liability Conditions: Liberalization After the issuance of this policy,if we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without a premium charge,the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. Form XIL 4361208 ©2008,XL America, Inc. Page 6 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. 74515254 I ORANG-1 123-24 GL/AUTO/StiC/UNB 'Master Template. 1 Brigid Lopez 1 5/23/2023 8,34:44 AM Mr) 1 Page 18 of 20 N. BLANKET WAIVER OF SUBROGATION The following is added to Section IV-Commercial General Liability Conditions: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you;ongoing operations performed by you or on your behalf,done under a contract with that person or organization; "your work"; or"your products". We waive this right where you have agreed to do so as part of a written contract,executed by you prior to loss. O. INCIDENTAL MEDICAL MALPRACTICE INJURY 1. For insurance applicable to this Article O, the definition of "bodily injury" in Section V - Definitions is amended to include, "Incidental Medical Malpractice Injury". 2. The following definition is added to Section V-Definitions: "Incidental medical malpractice injury" means "bodily injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of,or failure to render,the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction,or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; c. First aid; or • d. "Good Samaritan Services". As used in this Article O.,"Good Samaritan Services"are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of Section II -Who Is An Insured does not apply to any registered nurse, licensed practical nurse,emergency medical technician or paramedic employed by you, but only while performing the services described in Paragraph 2. above and while acting within the scope of their employment by you. Any "employees" rendering "Good Samaritan Services"will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Paragraph 2. Exclusions of Coverage A.—Bodily Injury And Property Damage Liability of Section I—Coverages: [This insurance does not apply to:) Willful Violation of Penal Statute Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services described in Paragraph 2.a.through 2.d.above to any one person,will be considered one"occurrence". 6. This Article O.does not apply if you are in the business or occupation of providing any of the services described in Paragraph 2.above. Form XIL 4361208 ©2008,XL America, Inc. Page 7 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 74515254 1 ORANO-1 123-24 OL/AUTO/WC/UFl6 Waster Template. 1 Brigid Lopez 15/23/2023 0;34:44 AM (PST) 1 Page 19 of 20 7. The Insurance provided by this Article O, shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. P. EXTENSION OF COVERAGE—BODILY INJURY The definition of"bodily injury"Section V-Definitions is deleted in its entirety and replaced by the following: 3. "Bodily injury"means bodily injury, mental anguish, mental injury, shock,fright, disability, humiliation,sickness or disease sustained by a person,including death resulting from any of these at any time. Q. COVERAGE TERRITORY The definition of"coverage territory"Section V-Definitions is deleted in its entirety and replaced by the following: 4. "Coverage territory"means anywhere in the world. This insurance does not apply to: a. "bodily injury"or"property damage"that takes place;or b. "personal and advertising injury"caused by an offense committed outside the United States of America(including Its possessions and territories), Canada and Puerto Rico, unless a"suit"on the merits(to determine the insured's responsibility to pay damages to which this insurance applies)is brought in the United States of America (including its possessions and territories),Canada or Puerto Rico. This insurance does not apply to damage, loss,cost or expenses in connection with any "suit"brought outside the United Stales of America(including its possessions and territories),Canada or Puerto Rico. Form XIL 436 1208 ©2008,XL America, Inc. Page 8 of 8 includes copyrighted material of Insurance Services Office,Inc.,with its permission. 74515254 1 ORAk.O-1 123-24 OL/AUTO/WC/0r18 +Master Template+ 1 Brigid Lopez 1 5/23/2023 8,34,44 AM (PST) 1 Page 20 of 20 AMENDMENT NO. 4 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY STRIPING SERVICES, INC. FOR ON-CALL STRIPING AND SIGNAGE MAINTENANCE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ORANGE COUNTY STRIPING SERVICES, INC., a California Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Consultant are parties to that certain agreement, dated September 13, 2021, entitled "Service Agreement Between the City of Huntington Beach and Orange County Striping Services, Inc. for On-Call Striping and Signage Maintenance" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Two Hundred Forty Five Thousand Dollars ($245,000.00). The additional sum shall be added to the original sum of One Million One Hundred Thirty Five Thousand Dollars ($1,135,000.00), for a new contract 23-12716/307199 1 amount not to exceed One Million Three Hundred Eighty Thousand Dollars ($1,380,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ri I �)‘' , 2023. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal co of the State of orn By: print name ITS: (circle one)Chairman/President/Vice President Ci y Manager AND INITI ND P R V D: By: Director of Public Works print name ITS: (circle one) Secretary/Chief Financial APPROV ORM: Officer/Asst. Secretary-Treasurer C. Attorney AU RECEIVE AND FILE: (*int, (?-441z14,14A.d City Clerk COUNTERPART 23-12716/307199 2 amount not to exceed One Million Three Hundred Eighty Thousand Dollars ($1,380,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on A -;I , 2023. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of California �m G frsor-) print name ITS: (circle one)Chairman(President /ice President City Manager INITIATED AND APPROVED: By: Director of Public Works print name ITS: (circle n Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst Secre Treasurer City Attorney k! RECEIVE AND FILE: City Clerk COUNTERPART 23-12716/307199 2 AMENDMENT NO. 3 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY STRIPING SERVICES, INC. FOR ON-CALL STRIPING AND SIGNAGE MAINTENANCE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ORANGE COUNTY STRIPING SERVICES, INC., a California Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Consultant are parties to that certain agreement, dated September 13, 2021, entitled "Service Agreement Between the City of Huntington Beach and Orange County Striping Services, Inc. for On-Call Striping and Signage Maintenance" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Two Hundred Thousand Dollars ($200,000.00). The additional sum shall be added to the original sum of Nine Hundred Thirty Five Thousand Dollars ($935,000.00), for a new contract amount not to exceed One Million One Hundred Thirty Five Thousand Dollars ($1,135,000.00). 22-11774/289885 1 S 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on_ YI30 , , 2022. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of California By: print name ITS: (circle one) ChairmanAZZdj ice President City Manager N INITIA AND APPRO ED: By:_ ()Z Director of Public W s print name 3 ITS: (circle on ecreta hief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer City Attorney AV RECEIVE AND FILE: City Clerk COUNTERPART 22-11774/289885 2 F 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on_ Y/3o , 2022. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President ,sty Manager AND y AND APPRO ED: By: Director of Public W s print name ITS: (circle one)Secretary/Chief Financial APPROVED Officer/Asst. Secretary-Treasurer ZCity ttorney AV CEIVE AND FILE: City Clerk COUNTERPART 22-11774/289885 2 AMENDMENT NO. 2 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY STRIPING SERVICES, INC. FOR ON-CALL STRIPING AND SIGNAGE MAINTENANCE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City,"and ORANGE COUNTY STRIPING SERVICES, a California Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated September 13, 2021, entitled"Service Agreement Between the City of Huntington Beach and Orange County Striping Services, Inc., for On-Call Striping and Signage Maintenance"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the term of the Agreement, NOW,THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until September 12, 2023. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on C� _, 2022. 22-11611/287602 1 ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of Califo By: print name City M ager ITS: (circle one)Chairman/President/Vice President INITIATED AND APP VED: AND By: e print name ctor of Public Wo ITS: (circle one) Secretary/Chief Financial APPROVED AS TO FO Officer/Asst. Secretary-Treasurer i A orney ,t/ RE EIVE AND FILE: *0 City Clerk 8�� COUNTERPART 22-11611/287602 2 ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of California By: print name City Manager ITS: (circle one)Chainna reside Vice President 35;L� — INITIATED AND APPROVED: By: Director of Public Works print name ITS: (circle one) ecretar hief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer City Attorney RECEIVE AND FILE: City Clerk COUNTERPART 22-11611/287602 2 CERTIFICATE OF LIABILITY INSURANCE 76/212022: 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 endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Alera-Adamson McGoldrick Insurance Agency LLC NAME: Account Manaciers Adamson & McGoldrick Insurance Solutions IHDNE 714-257-9644 FNC( N 714-257-9833 1150 E.Orangethorpe Ave., Suite 100 E-MAIL Placentia, CA 92870 o certificates adamsonmc-,goldrick.com _ _ INSURERS AFFORDING COVERAGE NAIC p www.adamsonmcgoldrick.com INSURER A: Greenwich Insurance Company 22322 INSURED INSURER B; Orangge County Striping Service, Inc. 183 N.Pixley St. INSURERC: Orange CA 92868 INSURER D: Clear Spring Pro ert &Casualty_Company_-_____ 15563 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 68586472 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY M D6�YY MMIDDIYLICY YYY LIMITS LTR A �/ COMMERCIAL GENERAL LIABILITY �/ ,/ NGL-1006048-00 6/1/2022 6/1/2023 EACHOCCURRENCE $1000000 CLAIMS-MADE F.-/—I OCCUR PREMISESBS I a oc urrence $100 000 T Contractual Liab. MEO EXP(Any one person) $5 000 BFPD/NO XCU EX _ PERSONAL&ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ❑✓ PRO- POLICY LOC PRODUCTS-COMPIOP AGG $2�00_0 OOO__ OTHER: S A AUTOMOBILE LIABILITY �_ ✓ ✓ NBA-1006049-00 6/1/2022 6/1/2023 COMBINED SINGLE LIMIT $1,000,000 ✓ ANY AUTO APPROVED AS O FORM BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED✓ AUTOS ONLY ✓ AUTOS ONLY 4 PerOac�enOAMAGE $ By: Et E. ATES $ UMBRELLA LIAB _ OCCUR 'CITY AITO N Y EACH OCCURRENCE S EXCESS LfAB CLAIMS-MADE CITY OF HUNTING ON BEACH AGGREGATE $ DED I RETENTIONS $ D WORKERS COMPENSATION CSW000944401 6/1/2022 6/1/2023 ✓ SPER TATUTE OTH AND EMPLOYERS'LIABILITY FR ANYPROPRIETORIPARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $1,0D0,000 OFF ICERIMEMBER EXCLUDED? Y❑ NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 DESCRIPTION OF OPERATIONS r LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project:Annual On Call Services for Street Striping&Pavement Marking City of Huntington Beach,its officers,elected or appointed officlais,employees,agents and volunteers"as additional Insured per the attached endorsement. Primary and Non-contributory wording applies. 30 Day Notice of Cancellation,10 Day Non-Payment CERTIFICATE HOLDER CANCELLATION Project:Annual On Call Services for Street Striping&Pavement Marking SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityy of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 21 Main Street ACCORDANCE WITH THE POLICY PROVISIONS, Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE Dick Wells ©1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 68586472 1 CRAND-1 1 22-23 GL/AUTO/NC/UMr1 `Master Template' I EVett Lam 16/2/2022 12:08152 R4 (Par) I Page 1 of 20 AMENDMENT NO. I TO SERVICE AGREEIw1ENf BETWEEN THE CITY OF I-IUNTINGTON BEACH AND ORANGE COUNTY STRIPING SERVICES. INC. FOR ON-CALL STRIPING .AND SIGNAGE MAINTENANCE THIS AMENDMENT is made and entered into by and between the CITY OF HUNIINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ORANGE COUNTY STRIPING SERVICES. INC., a California Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Consultant are parties to that certain agreement, dated September 13, 2021, entitled "Service Agreement Between the City of Huntington Beach and Orange County Striping Services, Inc. for On-Call Striping and Signage Maintenance" which agreement shall hereinafter be referred to as the "Original Agreement": and City and Contractor wish � amend the Original Agreement to increase the amount of compensation to be paid to Contractor. NOW. THEREFORE, it is agreed by City and Contractor as follows: I. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Six Hundred Thousand Dollars (5600,000.00). The additional sum shall be added to the original sum of Three Hundred Thirty Five Thousand Dollars ($335,000.00), for a new contract amount not to exceed Nine Hundred Thirty Five Thousand Dollars ($935,000.00). 22-10973/275085 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this AgreeeemeLnt to be kl executed by and through their authorized officers on, /L[�izL 0 " ;1022. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of California B��yy I n YILv \ � h�vri Pn� kex�-'an print name ITS: (circle one)Chairma ides ice President City Manager INITIATED AND APPROVED: By: 12 Z;2 Director of Public Works print neune ITS: (circle one sty hief Financial APPROVED AS TO FORM: Officer/Asst.Secretary-Treasurer City Attorney RECEIVE AND FILE: City Clerk COUNTEMPART 22-10973/275085 2 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on bnW 2022. ORANGE COUNTY STRIPING CITY OF HUNTINGTON BEACH, a SERVICES, INC. municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President City Manager AND INITIATED AND APPROVED: By: �►� Director of Public Works print name ITS: (circle one)Secretary Chief Financial APPROV Officer/Asst. Secretary-Treasurer C' Attorney a CEIVE AND FILE: `,4 City Clerk COUNTERPART 22-109731275085 2 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY STRIPING SERVICES, INC. FOR ON-CALL STRIPING AND SIGNAGE MAINTENANCE 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 Orange County Striping Services, Inc., hereinafter referred to as "Contractor." City and Contractor are collectively to as the "Parties". Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of striping and signage maintenance. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor entered into a Consultant Agreement with the City of Garden Grove on or about May 11, 2021, referred to as the "the City of Garden Grove Contract." City desires to "piggyback" on the City of Garden Grove Contract pursuant to HBMC Section 3.02.190(C)(2), and unless otherwise noted or in conflict with this Agreement, the Parties wish to be bound by the same terms and conditions as the City of Garden Grove Contract. D. 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 3.02.190(C)(2). NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in the City of Garden Grove Contract, which is attached hereto as Exhibit A. These services shall sometimes hereinafter be referred to as the "Project." All references to the City of Garden Grove shall mean City. 21-10165/263817 1 Contractor hereby designates Ron Wilcox 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. 3. Compensation a. City agrees to pay,and Contractor agrees to accept as total payment for its services, the Unit Prices identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed Three Hundred Thirty Five Thousand Dollars ($335,000) per year for any one year during the Term of this Agreement. b. Payment by City shall be made within thirty(30)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. Term Time is of the essence of this Agreement. The services of Contractor are to commence„ ram. /.Ilk-* 2021, or as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminating one year later, ortj;uLL,ZLX,, 2022.City may renew this Agreement for up to four(4)additional one- year terms by notifying Contractor no less than thirty(30)days prior to the end of each term. 6. Extra Work In the event City requires additional services not included in the City of Garden Grove Contract, or changes in the scope of services described in the City of Garden Grove Contract, 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. 7. Disposition of Plans, Estimates and Othcr 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. 21-10165/263817 2 8. 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. 9. 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 employers 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 temis of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 10. 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 N illion Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 21-10165/263817 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 (S 1.000,000) for this Project/Servicc. 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 arry other similar form of limitation on the required coverage. 11. Automobile Liabilitv Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work perfortned 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 Hwaingron Beach, its officers. elected or appointed gjficials, employees. agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention. "deductible" or anv similar form of limitation on the required coverage except with the express written consent of City. 12. 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 b\ 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. 21-10165/263817 4 13. 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. la. 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. 15. 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: I 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. 16. 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. 21-10165/263817 5 17. Assi_nment Inasmuch as to this Agreement is intended to SCCnre the specialized services of Contractor, Contractor may not assign, translcr, delegate. or subcontract arty interest herein without the prior written consent of the Citv 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 Cite. 18. Oil, Gmnlovees and Officials Contractor shall employ no Citv of7icial 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 ol'the applicable provisions ofthe California Government Code. 19. Notices Any notices. certificates. or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section I hercinabove) or to Citv 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 zinc] Contractor tnay designate difTerent addresses to which subsequent notices, certificates or other communications will be sent by notit'ving the other party via personal deliver-, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: TO City: Contractor: City oH luntington Beach Orange County Striping, Inc. Attn: John NgUyCn Attn: Ron Wilcox Public Works Dept.. Utilities Division 183 N. Pixley Street 19001 Huntington Street Orange. CA 92868 Huntington Beach. CA 92648 20. 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 anv subsequent occurrence of the same or any other transactions or event. 21. iModification No waiver or modification of any language in this Agreement shall be valid unless in writing and cluh' executed by both parties. 21-10165/263817 6 22. 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. 23. 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 am 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. 24. 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. 25. 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 ofthe United States Code regarding employment verification. 26. Legal Semices 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 Hunting/on 21-10165/263317 7 Beach Ow Charter Section 309, the City Attomey is the exclusive legal counsel for City; and Citv shall not be liable for payment of any legal services expenses incurred by Contractor. 27. Confidentiahty 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. 28. 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. 29. 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 Califoria 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. 30. 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 inabilit to obtain or maintain such permits. licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21-10165/263817 8 31. Attorneys Fees In the event suit is brought by either party to construe, interpret and/or enlbrce 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 attorneys fees from the non-prevailing party. 32. Survival Terms and conditions of this Agrcenient, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 33. Coverniny, Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 34. Signatories Each undersigned represents and warrants that its signature hercinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement. and shall indemnify City full)! 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. 35. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement f}eely 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. f ict or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if ftdly set forth in the body of this Agreement. 21-10165/263817 9 36. 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 Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, Orange County Striping Services, Inc. municipal corporation of the State of mia By. City Manager Print name ITS: Owner INITIATED AND VED: Pub is"Director APPROVED AS TO FORM: Jn � )2Lt City Attorney ft RECEIVE AND FILE: ` ZQrGuzl4,c � City Clerk Date COUNTERPART 21-10165 26181- 111 36. 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 Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, Orange County Striping Services, Inc. municipal corporation of the State of +� [� Califomia �m By: Y l Ot tnr O City Manager hyh P k e:("-�or, Print name ITS: Owner INITIATED AND APPROVED: Public Works Director APPROVED AS TO FORM: City Attorney 'q RECEIVE AND FILE: City Clerk Date COUNTERPART 21-10165263817 10 EXHIBIT A CITY OF GARDEN GROVE CONSULTANT AGRE-EiMENT 21-10165/263817 11 CONSULTANT AGREEMENT 1 THIS AGREEMENT is made this j-�' day of M/�p- 2021, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), and Orange County Striping Service, Inc., a California Corporation ("CONSULTANT"). RECITALS The following recitals are a substantive part of this Agreement: 1. This Agreement is entered Into pursuant to Garden Grove Council authorization dated f 2. CITY desires to utilize the services of CONSULTANT to Furnish all Labor, Material, and Equipment for Street Striping, Curb Painting and Slgnage Services on an as- needed basis for the City of Garden Grove. 3. CONSULTANT Is qualified by virtue of experience, training, education and expertise to accomplish services. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement: This Agreement shall cover services rendered from date of this Agreement until (1) one year thereafter, with option to extend agreement in one (1) year increments, for a total performance period of five (5) years unless otherwise terminated per Section 3.5 2. Services to be Provided: The services to be performed by CONSULTANT shall consist of the services as further specified In CONSULTANT'S proposal attached hereto as Exhibit "A" and incorporated herein by reference and all the requirements specified in the City's request for proposal attached hereto as Exhibit "B". CONSULTANT agrees that its provision of Services under this agreement shall be within accepted accordance with customary and usual practices in CONSULTANT'S profession. By executing this Agreement, CONSULTANT warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this agreement. 3. Compensation. CONSULTANT shall be compensated as follows: 3.1 Amount. Compensation under this Agreement shall be per fee schedule included in the Proposal. 3.2 Not to Exceed. Compensation under this Agreement shall not exceed $196,000 per year. 3.3 Payment. For work under this Agreement, payment shall be made per monthly Invoice. For extra work not a part of this Agreement, a written authorization by CITY will be required. 3.4 Records of Expenses. CONSULTANT shall keep complete and accurate records of payroll costs, travel and incidental expenses. These records will be made available at reasonable times to CITY. 3.5 Termination. CITY and CONSULTANT shall each have the right to terminate this Agreement, without cause, by giving thirty-(30) days written notice of termination to the other party. If CITY terminates the project, then the provisions of paragraph 3 shall apply to that portion of the work completed. 4. Contractor's Emoloyee Compensation. 4.1 General Prevailing Rate. CONTRACTOR shall comply with all applicable requirements of Division 2, Part 7, Chapter 1 of the California Labor Code and all applicable federal requirements respecting the payment of prevailing wages. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations (DIR) for similar classifications of labor, the CONTRACTOR and its Sucontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifcations based on hours of experience) or any other classification not appearing in the Federal Wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR and its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question." CONTRACTOR shall be responsible for compliance with the most recent Federal Wage Requirements and may reference http://www.wdol.gov/dba.aspx#0. 4.2 forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any subcontractor under it) less than the prevailing rate of per them wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. 4.3 Travel and Subsistence Pay. Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and CONTRACTOR shall comply therewith. 2 4.4 Apprentices. Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty contractors not bidding for work through the general or prime contractor are two thousand dollars ($2,000.00) or more for five (5) working days or more. 4.5 Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him thereunder except as provided In paragraph (4.14.2) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et sep.) of the Labor Code of the State of California and shall forfeit to the CITY as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or nay subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week In violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project. 4.6 Records of wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable contractor or subcontractor or Its agent have authority over such matters. CONTRACTOR further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all the provisions of Labor Code Section 1776, in general. 5. Insurance Requirements 5.1 Commencement of Work CONSULTANT shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance. 3 5.2 Workers Compensation Insurance For the duration of this Agreement, CONSULTANT and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers. 5.3 Insurance Amounts CONSULTANT shall maintain the following insurance for the duration of this Agreement: a) Commercial general liability in the amount of $2,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); Insurance companies must be admitted and licensed in California and have a Best's Guide Rating of A-, Class VII or better, as approved by the CITY; b) Automobile liability in the amount of $1,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable) Insurance companies must be admitted and licensed in California and have a Best's Guide Rating of A-, Class VII or better, as approved by the CITY. c) Professional liability in the amount of $1,000,000 per occurrence; Insurance companies must be acceptable to CITY and have an AM Best's Guide Rating of A-, Class VII or better, as approved by the CITY. If the policy is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided. In the event of termination, cancellation, or material change in the policy, professional/consultant shall obtain continuing insurance coverage for the prior acts or omissions of professional/consultant during the course of performing services under the term of the agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier. An Additional Insured Endorsement, ongoing and completed operations, for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to city's requirements, as approved by the CITY. An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, lease, hired, or borrowed by CONSULTANT. CONSULTANT shall provide to CITY proof 4 of insurance and endorsement forms that conform to CITY's requirements, as approved by the CITY. For any claims related to this Agreement, CONSULTANT's insurance coverage shall be primary insurance as respects to CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall be excess of the CONSULTANT's insurance and shall not contribute with it. If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT. 6. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount, which may become due to CONSULTANT. 7. Non-Discrimination. CONSULTANT covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry, in any activity pursuant to this Agreement. 8. Independent Contractor. It is understood and agreed that CONSULTANT, including CONSULTANT's employees, shall act and be independent contractor(s) and not agent(s) or employee(s) of CITY, and that no relationship of employer-employee exists between the parties. CONSULTANT's assigned personnel shall not obtain or be entitled to any rights or benefits that accrue to, or are payable to, CITY employees, and CONSULTANT shall so inform each employee organization and each employee who is hired or retained under this Agreement. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of this Agreement, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT hereby expressly assumes all responsibility and liability for the payment of wages and benefits to Its assigned personnel, and all related reporting and withholding obligations. CONSULTANT hereby agrees to indemnify and hold CITY harmless from any and all claims or liabilities that CITY may incur arising from any contention by any third party, including, but not limited to, any employee of CONSULTANT or any federal or state agency or other entity, that an employer-employee relationship exists by reason of this Agreement, including, without limitation, claims that CITY Is responsible for retirement or other benefits allegedly accruing to CONSULTANT's assigned personnel. 9. Compliance With Law. CONSULTANT shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government. CONSULTANT shall comply with, and shall be responsible for causing all 5 contractors and subcontractors performing any of the work pursuant to this Agreement, if any, to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements. 10. Disclosure of Documents. All documents or other information developed or received by CONSULTANT are confidential and shall not be disclosed without authorization by CITY, unless disclosure is required by law. 11. Ownership of Work Product. All documents or other information developed or received by CONSULTANT shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement. 12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. 13. Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. (a) Address of CONSULTANT is as follows: Orange County Striping Service, Inc. Attention: Douglas Patterson, President 183 N. Pixley St Orange, CA 92868 (b) Address of CITY is as follows (with a copy to): Engineering: City Attorney City of Garden Grove City of Garden Grove P.O. Box 3070 P.O. Box 3070 Garden Grove, CA 92840 Garden Grove, CA 92840 14. CONSULTANT'S Proposal. This Agreement shall include CONSULTANT'S proposal, Exhibit "A" hereto, which shall be Incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern. 6 15. Licenses, Permits and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits and licenses as may be required by this Agreement. 16. Familiarity With Work. By executing this Agreement, CONSULTANT warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY. 17. Time of Essence. Time is of the essence in the performance of this Agreement. 18. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of CONSULTANT, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONSULTANT shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONSULTANT. CITY will deal directly with and will make all payments to CONSULTANT. 19. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound. 20. Indemnification. To the fullest extent permitted by law, CONSULTANT agrees to protect, defend, and hold harmless CITY and Its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, Including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONSULTANT, CONSULTANT'S agents, officers, employees, subcontractors, or independent contractors hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees. 7 This hold harmless agreement shall apply to all 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 CONSULTANT. 21. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified only by subsequent mutual written agreement executed by CITY and CONSULTANT. 22. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONSULTANT. 23. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the Orange County Superior Court. 24. Interpretation. This Agreement shall be interpreted as though prepared by both parties 25. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable. [SIGNATURES ON FOLLOWING PAGE] 8 IN WITNESS THEREOF, these parties hereto have caused this Agreement to be executed as of the date set forth opposite the respective signatures. "CITY" CITY OF GARDEN GROVE Dated: S /; , 2021 By: Z& '0/ 17 ty Manager ATTEST "CONTmj-fv Orantriping Service, Inc. By: City Clerk � Title: Dated: / 7 2021 Dated: 2021 APPROVED AS TO FORM: If CONSULTANT/CONTRACTOR is a corporation, a Corporate Resolution and/or Corporate Seal Is required. If a partnership, Statement of Partnership must be submitted to CITY Garden ro e City ttor ey Dated: 2021 9 Print Date S1132021 9:38:17 AM Page t of 1 Eg®x City of Garden Grove Compliance Summary Report Vendor Number Vendor Namo AM Best Rating Insurance Carrier Policy a EN.Data Exp.Data Coverage V00563 ORANGE COUNTY STRIPING Compliant SERVICE,INC. A.g,XV Zurich American Insurance bap012365705 6/U2020 6I12021 Auto Liability Company A+.g,XV Travelers Property Casualty zupG1m7790320nf 6112020 W2021 Excess Liability Cwnpany at America A+g,XV Zurich American Insurance gW12365805 6112020 6112021 General Lability Company A.g,XV Zurich American Insurance wc012365905 6112020 6112021 Workers Comp Company Risk Profile: Construction High Risk Required Addillonal Insured: City of Garden Grove,its ohi of0cials,agents,employees and volunteers I; ATTACHMENT "C" I COST PROPOSAL FORM II I ON-CALL STREET STRIPING AND SIGN INSTALLATION FOR THE CITY OF Hun n-Fcft , t3 e.wzAA THIS FORM MUST BE COMPLETED AS OUTLINED BELOW AND SUBMITTED III WITH THE PROPOSAL Item *Item Description Unit Measure Unit Price. 1. 4" Broken Lane Line PER LF $ . 0(0 2. 4" Solid Lane Line PER LF $ ` 3 3. 4" Double Solid Line with 3" Solid Black Line PER LF $ . 10 4" Solid Lane Line with 3" Solid Black Line with PER LF $ 1 4. 4" Broken Lane Line (Continuous left-turn pocket) ' 5, B" Solid White Line PER LF $ . 17 6. 8" Skip White Line PER LF $ • 07 PER LF $ 7. 6" Solid White Line S g, 6" Skip Lane Line PER LF $ • ' 10 g• 6" Skip White Line PER LF $ • � Q 10, 6" Double Yellow Line PER LF $ • IG I S li. 6" Solid Lane Line PER LF $ • I 12. 12" Crosswalk & Limit Bar Lines PER SF $ . pI i 13. 3-foot Yield Line (shark teeth) PER SF $ ^ Q 1 14. I R X R Marking PER EA $ $ CO 15. Arrow Legend (Type I/IV/VII/VIII) PER SF , i 16. 8' Letter Legend PER SF $ 17, 12"-18" Letter Legend PER EA $ 1 s *Assume paint, unless otherwise noted �I - i � I I Item *Item Description Unit Measure Unit Price 18. Curb Painting (Red, Green, Yellow, White, Blue PER LF $ �e� or Grey) J 19. Parking "T" PER EA $ $ 00 20. 4" Parking Lot Line with Layout PER LF I $ • $o III I 21. 4" Parking Lot Line With No Layout PER LF $ • �� 22. Paint Blackout PER SF $ v J 23 International Symbol of Accessibility (ISA) PER EA $ 0 Marking P25. 24 Yellow or White Non-reflective Pavement PER EA $ � 0 O. Marker - Ceramic Yellow or White Reflectorized markers PER EA $ �p • O SHOO 26. Blue Reflectorized Hydrant Pavement Markers PER EA $ J Removal of Painted Lines, legends, or symbols by grinding. Square footage of legends shall be determined by using California State Division of PER SF 27 $ Highways calculations for standard pavement stencils. Contractor shall be responsible for SO cleanup. 28 Miscellaneous Sandblasting for Paint Removal. PER HR $ sy�• O O Contractor shall be responsible for cleanup. 29. Removal of any raised pavement markers PER EA $ • Q� 30. "BIKE LANE" w/ arrow legend PER EA $ '] Qy 31. Bike Symbol w/ Arrow Legend PER EA $ y5" • 'y� PER EA $ 32. Shared Lane Marking Legend 3g 00 Replace Divots with Hot Melt Bituminous PER EA $ 1 i 33. Material 34. 12' Thermoplastic Bar PER LF $ O O 35. Thermoplastic 4" Broken Lane Line PER LF $ • 33 *Assume paint, unless otherwise noted i l Item *Item Description Unit Measure Unit Price 36. Thermoplastic 4" Solid Lane Line PER LF $ TT 37 Thermoplastic 4" Double Solid Line with 3" Solid PER LF $ 1 O 'r II Black Line Thermoplastic 4" Solid Lane Line with 3" Solid 38. Black Line with 4" Broken Lane Line PER LF $ (Continuous left-turn pocket) 39. Thermoplastic 8" Solid White Line PER LF $ C S 40. Thermoplastic 8" Skip White Line PER LF $ 3 41, Thermoplastic 6" Solid White Line ZOtt LAV% PER LF $ I 42. Thermoplastic 6" SkipjauP I ;na PER LF $ 7j 43, Thermoplastic 6" Skip White Line 21Ve- Lq PER LF $ 3Cf 44. Thermoplastic 6" Double Yellow Line PER LF $ ' 45. —hermopiastic 6" Solid I anP Lin PER LF $ $y 46. Thermoplastic 12" Crosswalk & Limit Bar Lines PER SF $ �� 0O 47. Thermoplastic 3-foot Yield Line (shark teeth) PER SF O O 48. Thermoplastic R X R Marking PER EA $ • CIC 49. Thermoplastic Arrow Legend PER S $ • qa PER50. Thermoplastic 8' Letter Legend SF ' it 51. Thermoplastic "BIKE LANE" w/ arrow legend PER EA $ $7 0 �0 52. Thermoplastic Bike Symbol w/ Arrow Legend PER EA $ 53. Thermoplastic Shared Lane Marking Legend PER EA $ 54. Layout PER LF $ l� PER HR $ I $Q• cO 55. Weeding *Assume paint, unless'otherwise noted STREET SIGN INSTALLATION i Item **Item Description Unit Measure Unit Price Remove or Install Road Signs on existing unistrut post (Sign provided by the City; 1 PER EA $ labor, tools and related to be supplied by n 00 the Contractor) J- Remove or replace Road Signs on existing round post/pole or light standard 2. (Sign provided by the City; labor, tools PER EA $ �� i and related to be supplied by the 3 g I Contractor) ' 3. fFurnish ling sidewalk for sign post PER EA $ S'Q} 00 and install 10' unistrut post,nd anchor (Sign provided by 4. n post/anchor/sleeve, labor, PER EA $ TO d related to be supplied by the Contractor) 1 Furnish and install 12' unistrut post, sleeve and anchor (Sign provided by 5. City; sign post/anchor/sleeve, labor, PER EA tools and related to be supplied by the Contractor) Furnish and install 14' unistrut post, sleeve and anchor (Sign provided by PER EA $ 6. City; sign post/anchor/sleeve, labor, ' 13 tools and related to be supplied by the Contractor) Sign, post, anchor and sleeve removal PER EA $ O 00 y' through sidewalk vv Sign, post, anchor and sleeve removal PER EA $ y 00 a' through soil Remove or Install a Set of Street Name Signs on existing post (City to supply PER EA $ �� 9' signs; labor, tools, hardware and related to be supplied by the Contractor) **Unistrut post installation is assumed to be on soil, otherwise add line Item 3 Item **Item Description Unit Measure Unit Price Remove or Install a Set of Street Name 10, Signs on existing light standard (City to PER EA $ S O� supply signs; labor, tools, hardware and related to be supplied by the Contractor) Remove or Install a Set of Street Name Signs on existing light standard (Double PER EA 11. . sided signs, labor, tools, hardware and S93 . 911 related to be Supplied by the Contractor) I Remove or, Install a Set of Street Name Signs on existing post (Double sided PER EA $ 12' signs, labor, tools, hardware and related 5-66 00 to be supplied by the Contractor) Relocate existing sign post to new 13. location (labor tools, hardware and PER EA $ 90 00 related to be supplied by the Contractor) ' Furnish and Install Metal Beam Guardrail 5" Oa 14. (all material, hardware, labor tools and PER LF 7 $ 7 related to be supplied by the Contractor) Furnish and install Type Q (CA) object marker, epoxy glue down version and shall be a vertical tubular marker with a height of 16-Inches and minimum cross- 15, sectional dimension of 2.25 inches. PER EA $ Yellow retroreflective material shall consist of three (3) bands, each 3-inch in 3 height and spaced 0.75-inches at the top 79 and between bands Paint Median nose, curb face and top with highly reflective premixed white traffic paint with glass beads and install 16. yellow reflective pavement markers on PER EA $ top surface of median curb nose 2-feet �D. 00 center-center spacing (minimum 5 markers) 17. Furnish 12" x 18" sign PER EA $ T3 , 23 18, Furnish 12" x 24" sign PER EA 19. Furnish 18" x 24" sign PER EA $ y **Unistrut post installation is assumed to be on soil, otherwise add line Item 3 Item **Item Description Unit Measure Unit Price 20. Furnish 24" x 18" sign PER EA $ • y 7 21, Furnish 24" x 24" sign PER EA $ • 9� 22. Furnish 24" x 30" sign PER EA $ 77 • 11ly 2.3. Furnish 24" x 48" sign PER EA $ 113 • gl 24, Furnish 30" x 12" sign PER EA $ 3 g 2 PER EA $ O 25. Furnish 30" x 18' sign Sg • 9 26. Furnish 30" x 24" sign PER EA $ —77 . yy 27, Furnish 30" x 30" sign PER EA $ / g 28. Furnish 30" x 36" sign PER EA $ " • 17 EA $ 13s �y 29. Furnish 30" x 42" sign PER ' 30. Furnish 36" x 18" sign PER EA $ �q . 70 I � 31. Furnish 36" x 30" sign PER A $ .� 17 32. Furnish 36" x 36" sign PER EA $ 13 / . y0 33. Furnish 36" x 48" sign PER EA $ l $S . $7 34. Furnish 36" x 72" sign PER EA $ 35. Furnish 48" x 48" sign PER EA $ r,�li77 83 36. Furnish 48" x 60" sign PER EA $ 30 / • 9 **Unistrut post installation is assumed to be on soll, otherwise add line Item 3 L�� CERTIFICATE OF LIABILITY INSURANCE DA 5rl.W.021 AC'oRn 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 UELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL. INSURED, the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lion of such ondorsemenl s . PRODUCER Adamson & McGoldrick Insurance Solutions CONTACT Account Managors 1150 E.Orangethor e Ave., Suite WO PHONEwcfl EXU' 714-257-9644 [A"c-Aril: 714-257-9633 Placentia, CA 926%� E UML A corllf1cates adamsonmc oldrick,com INSURER($)AFFORDING COVERAGE NAIC0 vnvvtadamsonmcgolddck.com wsURERAI Zurich American Insurance Co 16535 INSURED WSURERO; Orangge Countyy Striping Service, Inc. INSURER 183 N.Pixley St. Orange CA 92666 INSURER D: INSURERS; INSURER F: COVERAGES CERTIFICATE NUMBER: 62080724 REVISION NUMBER: TIIIS IS TO CER11F Y THAT THE POLICIES OF INSURANCE.LISTED BELOW HAVE 13EEN 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 SUGH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �i R TYPE OF INSURANCE SUe POLIL EFF POLICY EXP UNITS yry POLICY HUMGE R WD N. D A COr&%Ef3C1ALGENESALLASMITY �/ ,/ GLOO123558-06 6/1/2021 6/112022 EACH OCCURRENCE 51000,DOD OAIMSAME �OCCUR ES u o¢u rum $300,000 Conlmclual Liab. ME $6000 BPPDiNO XCU EX PERSONALd ADVINJURY $1,000,000 GENL AGGREGATE UW r APPLIES PER: GENERAL AGGREGAT E $2.000,000 POLICY E�T LOC PRODUCTS-CONPIOP AUG $2,0001000 OTHER S A nmoMomLEunmury BAP0123657-08 611/2021 6/1/2022 COMtlN OSINGL I IT $ .( n I wdnul 1 000,000 ANY AUTO BODILY INJURY iPa poem) $ CWNF'D SCHEDULED BODILY INJLIRY jr.•pJdM) S AUTOS ONLY AUTOS HIRED NON DINNED PRMERTYOAMAGE S _ AUTOS ONLY AUIOSOM.Y Ae -W II) $ UMBRELLA LIMB OCCUR EACH OCCURRENCE _ S _ EXCESS LIAD CLAMS-MADE AGGREGATE S _ OED RETENTIONS $ A WORRERSOOMPENSATION WC0123959.OB 61112021 CV1@022 PER UIH. AND EMPLOYERS'LIADILIIY -J STATUTE _ ER YIN E.L.EACHACCIDEN1 S100DOOD OFFICE PRIETONPMTNFRA:XECUTIVE OFFICEwytM air) LWLU] El NIA (M•ndabryln Nll) E.L.DISEASE-EA EW'LOYEE $1000 000 II yy.. de¢rWlnda DE.A(:RIPIONOFMERATIONslN E.L.DISE- E-POUCYUWT S1 OODg00 DESCRIPTION OFOPERATIONSI LOCATIONS I VEHICLES NCORD idl,Addl(bnalflenurF•Bnl,•dW,my U••Igcb•d llmm•ap•a.hr•NNr•d) Project:Annual On Call Services for Street Striping&Pavement Marking Ay v AS��p RM City of Huntington Beach,Its officars,elected or appointed Officials,employees,agents and volunteers'as atl111 f Or0-tl r Ih1 attached ondorsemenl- -�-` Primary and Non-contribulory wording applies. 30 Day Notice of Cancellation,10 Day Non-Paymonl By 3tMICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION Project:Annual On Call Services for Street Striping&Pavement Marking SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED 13EFORE ClW of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92640 AUTHDIU2EDREPRESENTAINE _ I Dick Wells ©1088-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2D16103) The ACORD name and logo are registered marks of ACORD 61060124 1 oMIA-I 1 nax Cr./AUTOIWIUHS '11—L.1 TwWl.r.• I XV ItL L— 1 5/]3/]e21 ],xmu RI (1Dr) 1 Pave I or ] Additional Insured — Owners, Lessees Or Contractors — ZURICH" Schednled Person Or Organization Policy No. Ef(. Data of Pot. Exp. Dale of Pot. �EIID01601Ind. Producer No. Add'I.Pre- Return Prom. GL0012365"6 10610112021 O6K112022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Orange county striping service,Inc. Address (Including ZIP Code):183 N.Pixley St. Orange CA 92868 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Covered Operations Or Organization(s) The City of Huntington Beach Its officers,eleclod or appofinleA officals,are "s,agents and volunteers A. Section II —Who is An Insured Is amended to Include as an additional insured the parson or organization shown in the Schedule above, whom you are required to add as an additional Insured on this policy under a written contract or written agreement. Such person or organization is an additional Insured only with respect to liability for"bodily Injury", "property damage"or'personal and advertising Injury"caused,in whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as Included in the "products-completed operations hazard", which Is the subject of the written contract or written agreement at the Location designated and described In the Schedule above. However, the Insurance afforded to such additional Insured: 1. Only applies to tho extent permitted by law; and 2. WIII not be broader than that which you are required by the written contract or written agreement to provide for such additional Insured. B. With respect to the Insurance afforded to these additional insureds, the following additional exclusion applies: This Insurance does not apply to: u-GL-1177-r Cw(04i13) Page 1 of 2 i r"0207241 ornxa-11 ""-"" aw•a�n�i �ss4��t4&Ybl`xpl9drP :�e€de1J�54iveFF65as.ts>F.raP(k CPd4P'Y�'(��Itgggrrfis:ion. "Bodlly injury', "properly damage" or "personal and advertising injury" arlsing out of the rondedng or failure, to render any professional architectural, engineering or surveying services including: a. The preparing, approving or falling to proper(, or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or b. Supervisory, Inspection, architectural or engineering activities. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing In the supervision, hiring, employment, training or monitoring of others by that insured, If the "occurrence"which caused the "bodily Injury" or "property damage", or the offense which caused the "personal and advertising Injury", Involved, (he rendering of or the failure to render any professional architectural, engineering or surveying services. C. The following Is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Commercial General Liability Condltlons: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence'or offense that may result in a daim; 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or"suit" will promptly be brought against any policy Issued by another insurer under which the additional Insured may be an Insured in any capacity. This provision does not apply to insurance on which the additional Insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-crxdrlbutory. D. For the purpose of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory Insurance This Insurance Is primary to and will not seek contribution from any other insurance available to an additional Insured provided that: a. The additional insured Is a Named Insured under such other Insurance; and b. You are required by wrlllen contract or written agreement that this Insurance be primary and not cook contribution from any other Insurance available to the additional insured. 2. The following paragraph Is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance Is excess over: Any of the other insurance, whether prirnary, excess, contingent or on any other basis, available to an additional insured, In which the additional Insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and whore our policy is required by written contract or written agreement to provide coverage to the additional Insured on a prirnary and non- contributory basis. i E. With respect to the insurance afforded to the additional Insureds under this endorsement, the following Is added to Section III—Limits Of Insurance: 'rho most we wlll pay on behalf of the additional Insured Is the amount of Insurance: 1. Required by the contract or agreement referenced In Paragraph A.of this endorsement; or 2. Available under the applicable Limits of Insurance shown In the Declarations, whichever Is less. This endorsement shall not Increase the applicable Limits of Insurance shown In the Declarations. All other terms and conditions of this policy remain unchanged. I I U-GL-1177-F CW(e4113) 1 Page 2 or 2 Includes copyrighlod malorial of Insuranco Sorvicas OIOco,Inc.,wlei its Pormisslon. 12090124 1 OsMG-I 1 21-23 (:./num/vc/U49 •N..cer T<WIvcc' I Ev"cc Lm 1 1/24/2.21 e,20141 wr i.r) I e.9e 3 of 3