Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Carmody Construction Company - 2022-06-23
SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CARMODY CONSTRUCTION COMPANY FOR LIFEGUARD TOWER REFURBISHMENT 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 CARMODY CONSTRUCTION COMPANY, hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of lifeguard tower refurbishments. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THERE-FORE,it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Raymond Carmody, 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. 22-11104t278127 3. Compensation a, City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B." b. Payment by City shall be made within thirty(30)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit"B. 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence!�,� or as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminate three(3)years from the Commencement Date,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. S. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code,language,date or programs, maps,memoranda, letters and other documents, shall belong to City,and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 22-11104/278127 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials,employees, agents, and volunteers from and against any and all claims, damages, losses,expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor,any subcontractors,anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence,or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code,which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers,employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Projcet/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability,of One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 22-11104/278127 3 the aggregate limit must be no less than One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers,elected or appointed officials,employees,agents,and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage, 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officIaLv, employees, agents and volunteers"as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible"or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30)days' prior written notice;however,ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense,hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required, 22-11104/278127 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses,if any,in connection with the Project and/or the services to be performed hereunder. 13. Conflict of nterest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty(30)days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such -work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor,and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 22-11104,278127 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer, delegate,or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices,certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section I hereinabove) or to City as the situation shall warrant,or by enclosing the same in a sealed envelope, postage prepaid,and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Carmody Construction Company Attn: Fire Chief Attn: Raymond Carmody 2000 Main Street 1240 Birch Street Court Huntington Beach,CA 92648 La Habra, CA 90631 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22-11104/278127 6 21. :Section Headings The titles,captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe,or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole,according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void,illegal or invalid,such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law,and wherever there is any conflict between any provision contained herein and any present or future statute, law,ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail,and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals,each of which so executed shall, irrespective of the date of its execution and delivery,be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular,comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting,Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 22-11104/278127 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this,Contractor agrees, at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race,color,creed,religion, sex, marital status, sexual orientation,age,national origin,ancestry,or disability, as defined and prohibited by applicable law,in the recruitment, selection,training, utilization, promotion,termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation,performance, and.enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall,through the term of this Agreement,maintain all necessary licenses,permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers,and exemptions. Said inability shall be cause for termination of this Agreement. 22-111041278127 8 30. Attorneys Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees,such that the prevailing party shall not be entitled to recover its attorneys fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties,oral or otherwise,have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise,agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22-11104/278127 9 35. Effective Date IN WITNESS WHEREOF,the parries 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, a CARMODY CONSTRUCTION COMPANY municipal corporation of the State of Califo By. � City Manager Print na& T INITIATED AND APPROVED: ITS: (circle one) Chairman/President/ Vice President AND- w` Fire Chief By: Print name APPROVED AS ORM: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer City Attorneytw VIEWED AND APPROVED: Scat" City Manager RECEIVE AND FIILLE�: 7i61 City Clerk 22-11104/278127 10 C.-tannody Construction Company Exhibit A 1240 Birch Tree Ct. LaZabra, CA 90631 email camodyconstiPadcom Pfi: (714)870-4640 Ta;; (W)912-1202 Date:02/09/2022 To: City of Huntington Beach RE: Lifeguard Tower Refurbishments-(Revised) Best and Final Cost Proposal for 2 Towers 1. Cost File/Quote A. Our proposed cost to refurbish each lifeguard tower is $33,554.00,The overall estimated cost for 2 towers is $67,108.00. The Cost Breakdown Is as follows: • R&D on supplies needed = 2 hours • Provide spec's and samples for approval = 2 hours • Tear down towers and transport = 28 hours 4- $160 supplies • Structural steel repairs = 24 hours + $300 supplies • Fiberglass repairs = 36 hours + $650 supplies • Hinges at doors, windows, & hatches = 10 hours +$2,300 supplies • Fasteners throughout = 16 hours + $1,800 supplies • Hooks, latches ='8 hours + $1,040 supplies • Structural Stiffeners = 8 hours + $400 supplies Prep& Paint = 38 hours + $1,500 supplies • Transport to site and assemble = 36 hours + $300 supplies • Misc. Install signs, numbers, cabling = 12 hours + $400 supplies • Clean & surface Stainless Steel railings, brackets, ladder, etc. = 16 hours • job Bonds = $824 B. Material Specifications as follows: • All structural steel imbedded in fiberglass will be mild steel or better • All fiberglass materials used, resin, mat, fabric, & gel coat will be marine grade or better • All Stainless Steel hardware being replaced will be marine grade 304 S.S. or better • Finish paint 3-colors to closely match existing will be"Total Boat Wet Edge Polyurethane Topside" paint. Entire walking deck including vertical edge will have aggregate added to prevent stick surface, Spec sheet attached C. All refurbishments will be marine grade`as specified in material spec's above. D. Our work is warranted against workmanship defects for 2 years. E. Our estimated time line is as follows: • Each tower will be returned completed within 30 days • We will complete 1 tower at a time Exhibit A ,'; 7¢taiBoatc Wet t=dys Poi�rurethatta Topside Pairt6 Teats Data Sheet V�cy,t,y ... yyy,� ��✓ G �'y z��"� > Sro'm}-Yc'�.ay�ai r:G'.r% � ''Y`` x-E.. ,%.;z„ � "�nx�t,,_P �7VCP� P �� ti��a .,,��`a3sh�ar •�MM .,..>�3�- ,n. _.a,>r,fix,s.J 2,fL Zd. .��w`°k�fi'r, u3s�',. �r;'�w�+ :_&, .!'.t .:� Tittnntgg(Brush! oil).T'cta Boat paccat. s g inner 100 Thinning(Spray):Xltt nO Recommended studs type..Kghoqua*natural bdade or badger hat#r(or GGmpatable)brush Recommended Roller Cover Type:tilgtrquaitty,aotvent safe 1/8"(Cant roller govor destgrlsd f6roN paints,enamels,or htgtrgloss finishes dlsanup:TotaiBratSpecial Brushing 11-Anner iDO or TotalSoat Dewa:et&Surface prep Primer ToWlBostTopside kmer: .- -. _ .. ., 3Y-c``-'.°`� i'. K 7 > r�Z`7c. �3.�`y `.L`�t �f tB S.tlts..� -»� k-. r� .. �����-=� -.��,z,v-,_P �+��»�.��. .-,.� =.�. .., Fiberglass:Yes k Wood:Yes Previously Painted S41fa4es:Yes- Alumtrfuft Not directly--must be primed with TotalBoat 2-Part Epoxy Primer _ Steel Nat dt must bo ad With Total Boat�Patt Epoxy Primer z,p . .,.fig ..........,,:. ..�.a.: - Fiherpiassr'Remove all surface contaminants including water,dust:warn,grease;and surface blush. *-,Wpe clean with a Nnt-tree ohossectoth or rag dampened with TatailloeI Dawaxer&$urface'Prep. 'Abrade the surface pgtdly with a ScotcltAr(tolu pad;wipe the surface clean with TotatBoat Special Brushing Thinner *Apply Totelfloal Wet f=dge directly onto the fiberglass.Priming is not necessary. Wood: •Sand the surfaceamooth down to,220•'gdt sandpaper. 'Vopethe wood dean wittu'i'otallibal Special Brushing Thinner 100 Psi"the surface Wit Ut Total@ostTopsido Pftmer, -$ltnd.th6 pOm4d surface tighlty witty 220T grft sandpaper. •Wpa clean with TotalBoat Special Brushing Thinner100. •Apply Wet Edge topside paint as directed. Previously pointed Surfaces, *Remove al previous coatinge(paints,primers)that am tllttng'or paollng from the surface. 'Wtpo clean,with TotalBoat Spa"Brushing Thittneri0t3. •Prime the surface with TotslBoat Topsido"Pnrner. Sand the pd6d suidaea Ugtuty with 220-9ritsandpaper; •WpC dean with ToiaiBoat SpecW Bushing Thither iOO, *AP%VVet Edge topside patnt..as d1rodod. Alumtnurn and Steep *no substrate must be primed with TotatBoat 2-Part Epoxy,Primer,as directed. 'Allow 4.24 hours to curo,deportdtng on ambient tompoWuro. Sand the primer smooth with 220,grit,san4paper. *,Woo Coon with Totel9oat Special OnAt utg Thirvrer 100. `Apply Wet Edge topstda paint,as directed. opoxy Primer 8ubivates. *Totalaoaf Wat Edge can be,appiled ever Tota t3ost epoxy primers such,am TotelProt"t,2-Part Epoxy Primer,,and Aluminum Boat Sauter Coat. Ensure that the primer has cured completely until tl is sandable.Each primer will reach this point at different times; pipase oonautt That speaKc`prkrier for htWr tong this'shatiid be. 'Spnd,the surface smooth down to 220-WIt sandpaper, •Wipe doon with Totrd"Spedai.Brushing Thinner,100. •Apply Wirt,Edge topside paint as directed ApPLICAiia f Stir well dC:not$hake. 2 only apply Wet Edga when dew,rain,and,temperaturo conditions will,not affect proper application or drying: 3 Wlet Edge con fro brushed;rollod'and tipped;or sprayad. 4 BrushfRolk Wren brush"or roiling,Wei Edge can be thinned 6.10%with TotulBost Special Bmehing Thinner 100. 6 Spray:Man spraying,thin withicyfettia(thinning percentage Varies by the gprayor,and conditions,typloolly 15.20%),Do not apply paint too thickly or proper drying watt not occur. 6 Allow to dry,WARNWGr'06 riot attempt Mrooattng if paint his notdried Wa sandable stale. 7 Sand ifghtlybetween coats,with 220-grit sandpaper,.arid wipe the surface clean.with Totai8cat Spodal'13nabing Thinner 100 before applying"'nekt chat. AppitoationMathod:Brush,Rolland Tip,Slimy Vehicle Type Ott Modifled Alkyd polyurethane t4umba7 sit tSs tw 2-� Finish shpsriiGloss:Rob Glass(05.006)1 Flat(5.101) Film Thickness(per Cost);1-2 mils.dry(3 mits wet) Components:One Apptiostlon 7smparature:50-994F Coverage,(sq ragas):350.400 Apptloation Mumldily:0*903°e Solids'{%.by Weight):Vades by color Dry Time to Touch,I%hours i&90'F Solids,(%by Volume):Varies by!color 3 hours 0,701F VOC(gild:Verdes by color 6 hours Q;SO"F Flash Point:Vanes by color Dry Time to Overcoat:8 hours 0 00°F 12 hours Q 70°F` 16 hours aa 50'F "amilort DATE:.Aupst 3,201 TOTACBC AT _ - ' Cannody 'an Company 1240 Birch Tree Ct. / ` einad carmodyconsWadcom ! DmMe: 02/09/2A22 To: City of Huntington Beach RE: Wfegmmrd ToweyRefurbishments-(Revised) Best and Final Cost Proposal for 2 Tower$ � ' l^ Cost Flle]Quote A. our proposed cost to refurbish each lifeguard tower is $33.554.00.The cvendi estimated cost for 2 towers is $67,108.00. The Cost Breakdown is as follows: • R&D on supplies needed = J hours | ° Provide spec's and *anop|en for approval = Z hours . ~ Tear down towers and transport = 28 hours f $>GOsupplies ` \ • Structural steel repairs = %4 hours + $3O0supplies � * Fiberglass repairs = 36 hours + $GSO supplies i m Hinges at doors, windows, & hatches = lO hours f$2.300 supplies • Fasteners throughout = 16h$Vrs + 51,800uupp||eu w Hooks, latches = 8 hours + $l.U4Osupplies w Structural Stiffeners = 8 hours + $400yuppUey � w Prep& Paint = ]O hours f $1,500 supplies � ~ Transport to site and assemble = 36 hours + $]U0supplies w Misc. Install signs, numbers, cabling = l2 hours + $40Osupplies = Clean &surface Stainless Steel railings, boxckets, ladder, etc. = 16 hours ° Job Bonds = $824 . \ B. Material Specifications as follows: | * All structural steel imbedded in fiberglass will he mild steel or better � ^ All fiberglass materials used, nas|n` naC^ fabric, @ gel coat will be rnadn8 grade or ! better � w All Stainless Steel hardware being replaced will be marine grade 304 S.S. or better � ° Finish paint 3-colors to closely match existing will be "Total Boat Wet Edge Polyurethane Topside" paint. Entire walking deck including vertical edge will have . aggregate added to prevent stick surface. Spec sheet attached � C. All refurbishments will be marine gradeas specified in rnazeda| spec'y above' D. Our work is warranted against workmanship defects for 2years. � E. Our estimated time line is as follows: � w Each tower will be returned completed within 30 days � ~ We will complete l tower a¢atime I. AC<? CERTIFICATE OF LIABILITY INSURANCE DA7E(MMIODNYYY) 04/1812022 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(fes)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 Ileu of such endorsement(s). PRODUCER CONTACT NAME: Brown&Brown Insurance Brokers of Sacramento,Inc. PHONE (800)228-3380 1me No: (800)783.0083 6760 West Oaks Blvd,.Suite 140 E-MAILADDRESS: i INSURER(S)AFFORDING COVERAGE NAIC N Rocklin CA 95765 INSURERA: Colony Insurance Company 39993 INSURED INSURER B: California Automobile Insurance Company 38342 Carmody Construction Company INSURER C: Insurance Company of the West 27847 1240 Birch Tree Court INSURER D: Westchester Surplus Lines Insurance Company i INSURER E: La Habra CA 90631 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2232634131 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. rA TYPE OF INSURANCE POLICYNUMBER MMIDDfYYYY MMIDDNYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE OCCUR PREMISES Ea occurrence s 100,000 MED FXP A One person) S 6,000 Y Y 600GLOO29372-03 03/18/2022 03/18/2023 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY jRCT LOC 2,000,000 PRODUCTS-COMPlOP AGG S OTHER: APPROVED AS TO FOR 4s AUTOMOBILE LIABILITY C MBINEDSINGLELI IT $ 1,000,000 Ea accident X ANYAUTO gy: _ BODILY INJURY(Per person) $ OWNED SCHEDULED MICHAE 8 Y Y BA040000072813 g 03/1812023 BODILY INJURY(Per accide(t) $ AUTOSONLY AUTOS CITY A ORNEY HIRED NON-OWNED PRO CITY OF f-tUi�) NGTON BE CH Per ea oleo DAMAGE S AUTOS ONLY AUTOS ONLY UMBRELLA LIAB X OCCUR EACHOCCURRENCE $ 5,000,OOU A X EXCESS CLAIMS•rnADE Y XS4246831 03/18l2022 03118/2023 AGGREGATE $ 6,000,000 DEC) RETENTION$ $ �/ j WORKERS COMPENSATION X SET UTE ERH AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBEREXCLUDED9 ❑ NIA Y VJSA505435702 03/18/2022 03H8/2023 (Mandatory in NH) E.L.DISEASE-FA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTIONOFOPERATIONSbelow E.L.DISEASE-POLICY LIMIT $ General Aggregate $2,000,000 Pollution Liability D G46843307006 03/18/2022 03/18/2023 Each Occurrence $2,000,000 i DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 1D1,AddltienaI Remarks Schedule,may bo attached If more space is required) City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are included as an Additional Insured under Commercial General Liability policy per endorsement(s)CG 2010 07 04 and CG 20 37 07 04 and under Commercial Auto policy per endorsement(s) MCA85100817-CA as required by written contract.Primary and Non-Contributory warding applies per endorsement(s)CG 20 01 12 19 and MCA85100817-CA.Waiver of Subrogation applies per endorsement(s)CG 24 04 1219,MCA85100817-CA,and WC 99 06 34(Ed.B-00).Excess policy only applies to the General Liability,Commercial Auto,and Workers'Compensation policies per attached Casualty Excess Binder.Excess policy follows form per the terms and conditions of the Excess Policy.All other terms,conditions&exclusions of the poticy(les)apply. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS, 2000 Main Street AUTHORIZED REPRESENTATIVE i Huntington Beach CA 92648 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD i 600 GL 0029372-03 ENDT.#003 EFF: 05/16/2022 POLICY NUMBER: 600 GL 0029372-03 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 The City of Huntington Beach, its officers,elected or As designated in written contract with Named Insured appointed officials, employees, agents, and volunteers 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to 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 in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional Insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the 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 1of 2 600 GL 0029372-03 ENDT.#003 EFF: 05/16/2022 POLICY NUMBER: 600 GL 0029372-03 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: i COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatlon(s) Location And Description Of Completed Operations The City of Huntington Beach, its officers, elected or As designated in written contract to Named Insured appointed officials,employees,agents,and volunteers 2000 Main Street Huntington Beach,CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 —Who Is An Insured Is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional Insureds, the following Is added to organization(s) shown in the Schedule, but only Section III--Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused,in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described In the Schedule of this endorsement amount of insurance: performed for that additional Insured and included In the"products-completed operations hazard". 1. Required by the contract or agreement;or However: 2. Available under the applicable limits of 1. The Insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law;and This endorsement shall not increase the 2. If coverage provided to the additional Insured Is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. CG 20 3712 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 600 GL 0029372-03 ` ENDT.#001 EFF: 04/27/2022 POLICY NUMBER: 600 GL 0029372-03 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I ADDITIONAL INSURED -- STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS I This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents,and volunteers 2000 Main Street Huntington Beach,CA 92648 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 2. This insurance does not apply to: Include as an additional insured any state or a. 'Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury"arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or 1. This insurance applies only with respect to b. 'Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional Insureds, the following is added to However: Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is Insured only applies to the extent permitted required by a contract or agreement, the most we by law; and will pay on behalf of the additional Insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or agreement, the insurance afforded to such 1• Required by the contract or agreement;or additional Insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. Insured. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. CG 20 12 0413 ©Insurance Services Office, Inc.,2012 Page 1of 1 600 GL 0029372-03 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 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 I 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 I Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided j that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 600 GL 0029372-03 i I POLICY NUMBER:600 GL 0029372-03 COMMERCIAL GENERAL LIABILITY CG 24 0412 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES i PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS 1 SCHEDULE Name Of Person(s) Or Organization(s): All persons or organizations as requested by written contract with the Named insured. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Usof Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part.Such waiver by us applies only to the extent that the Insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 0412 19 ©Insurance Services Office, Inc., 2018 Page 1of 1 600 GL 0029372-03 i I I DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT - RESTRICTED FORM ' i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE i Designated Construction Projects: ' All projects during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by `occurrences" Under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I — COVERAGE C MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated con- struction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in theDecla rations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under SECTION I — COVERAGE C MEDICAL PAYMENTS regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing"suits". 3. Any payments made under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION I- COVERAGEC MEDICAL PAYMENTS shall reduce the Designated Construction Project General Aggregate Limit for that des- ignated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damages to Premises Rented to You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 5. The most we will pay for the sum of all Designated Construction Project General Aggregate Limits combined and to which this insurance applies is$5,000,000. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" Under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UCG2503-1013 Includes copyrighted material of Insurance Services Office, Inc., 1996 Page lof 2 with its permission. 600 GL 0029372-03 LIABILITY,and caused by accidents under SECTION I—COVERAGE C MEDICAL PAYMENTS,which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION I —C OVERAGE C MEDICAL PAYMENTS shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit,whichever is applicable; and I 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability resulting from the"products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned,delayed,or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provislonsof SECTION III—LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. I UCG2503-1013 Includes copyrighted material of Insurance Services Office, Inc., 1996 Page 2of 2 with its permission. i i i Business Auto Broadening Endorsement This endorsement modifies Insurance provided under the following: I I Copyright 2017 Mercury Insurance Services,LLC. All rights reserved, includes copyrighted material of insurance Services Office,Inc.,with its Permission Page 1 of 6 I i I NEWLY ACQUIRED OR FORMED ENTITY(Broad Form Named Insured) SECTION II-LIABILITY COVERAGE,A.Coverage, 1.Who Is An Insured,the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50%or more of the business entity and the business entity is not separately insured for Business Auto Coverage.Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision Is afforded only until the end of the policy period. Coverage does not apply to an"accident"which occurred before you acquired or formed the organization. SECTION II-LIABILITY COVERAGE,A.Coverage, 1.Who Is An Insured,the following is added; e. 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. SECTION II-LIABILITY COVERAGE,A.Coverage, 1.Who Is An Insured, the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the"bodily injury"or"property damage"occurs and that is in effect during the policy period is an "insured"for Liability Coverage, but only for damages to which this Insurance applies and only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured provision contained in Section II. SECTION II-LIABILITY COVERAGE,A.Coverage,1.Who Is An Insured,the following is added: g. 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. —LIABILITY COVERAGE,A. Coverage,2.Coverage Extensions,a.Supplementary Payments,Subparagraphs(2)and(4)are replaced by the following: (2) Up to$3,000 for cost of ball bonds(including bonds for related traffic law violations)required because of an"accident"we cover. We are not obligated to furnish these bonds. (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. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 2 of 6 I —LIABILITY COVERAGE, B. Exclusions,5. Fellow Employee This exclusion does not apply If you have workers'compensation insurance in-force covering all of your"employees". Coverage is excess over any other collectible insurance. I SECTION III-PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions,a.Transportation Expenses,Is replaced with the following: I We will pay up to$50 per day to a maximum of$1000 for temporary transportation expense incurred by you because of the total theft of a covered"auto" of the private passenger type.We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage.We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration,when the covered "auto" is returned to use or we pay for Its"loss". If your business shown in the Declarations is other than an auto dealership,we will also pay up to$1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. —PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions,the following Is added: c. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this coverage form for any"auto"you own,then the Physical Damage Coverages provided are extended to"autos"you hire,subject to the following limit: (1) The most we will pay for"loss"to any hired"auto"is$50,000 or Actual Cash Value or Cost of Repair,whichever Is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to"loss"caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered"auto"you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. SECTION III-PHYSICAL DAMAGE COVERAGE, B. Exclusions,3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 3 of 6 I I SECTION III -PHYSICAL DAMAGE COVERAGE C. Limit of Insurance,the following Is added: In the event of a"total loss"to a covered"auto"shown in the schedule or declarations for which Collision and Comprehensive Coverage apply,we will pay any unpaid amount due on the lease or loan for that covered "auto," less The amount paid under the Physical Damage Coverage Section of the policy;and b. Any: verdue lease/loan payments at the time of the"loss" j (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) Casts for extended warranties,Credit Life Insurance,Health,Accident or Disability Insurance purchased with the loan or lease;and (5) carry-over balances from previous loans or leases. I The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25%of the actual cash value of that insured auto at the time of the loss. SECTION III-PHYSICAL DAMAGE COVERAGE, D. Deductible,the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. i i SECTION III-PHYSICAL DAMAGE COVERAGE, D. Deductible,the following is added: If two or more"company"policies or coverage forms apply to the same accident: If the applicable Business Auto deductible is the smallest,it will be waived;or If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible;or If the loss Involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement"company"means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. The requirement in SECTION IV, BUSINESS AUTO CONDITIONS,A. Loss Conditions, 2. Duties In The Event Of Accident,Claim,Suit,Or Loss,a.,in the event of"accident",you must notify us of an "accident"applies only when the"accident"is known to: (1) You,if you are an individual; (2) A partner,if you are a partnership; (3) A member, if you are a limited liability company;or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2017 Mercury Insurance Services,I.I.C. All rights reserved. Includes copyrighted material of insurance Services Office,Inc.,with its Permission Page 4 of 6 SECTION IV-BUSINESS AUTO CONDITIONS,A.Loss Conditions,5.Transfer of Rights Of Recovery Against Others To Us,section Is replaced by the following: Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident"or "loss", provided that the"accident"or"loss"arises out of the operations i contemplated by such contract.The waiver applies only to the person or organization designated In such contract. SECTION IV-BUSINESS AUTO CONDITIONS,B.General Conditions, 2.Concealment, i Misrepresentation,or Fraud,the following is added: Any unintentional omission of or error in information given by you,or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However,you must report the undisclosed exposure or hazard to us as soon as reasonably possible after Its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. —BUSINESS AUTO CONDITIONS, B.General Conditions,5.Other Insurance, b. For Hired Auto Physical Damage Coverage, Is replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own: Any covered"auto"you lease, hire,rent or borrow;and 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" —BUSINESS AUTO CONDITIONS, B.General Conditions,S.Other Insurance,the following is added and supersedes any provision to the contrary: e. 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 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright 2017 Mercury Insurance services,LLC. All rights reserved. includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 5 of 6 i SECTION IV-BUSINESS AUTO CONDITIONS, B,General Conditions,7. Policy Period,Coverage Territory,e.Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered"auto"is leased,hired,rented or borrowed without a driver for a period of 30 days or less;and The"insured's"responsibility to pay damages is determined In a"suit"on the merits, in the United States of America,the territories and possessions of the United States of America, Puerto Rico,or Canada or in a settlement j we agree to. — Bodily Injury" is amended by adding the following: "Bodily injury"also includes mental anguish but only when the mental anguish arises from other bodily injury,sickness,or disease. i I I I i i i Copyright 2017 Mercury Insurance Services,LLC, All rights reserved. Includes copyrighted material of insurance services Office,Inc.,with its Permission Page 6 of 6 i i WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 2 %of the total California Workers'Compensation premium l otherwise due. Schedule Person or Organization Job Description ANY PERSON OR CALIFORNIA ORGANIZATION FOR OPERATIONS ONLY WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/18/2022 Policy No.WSA 5054357 02 Endorsement No. Insured CARMODY, RAYMOND (INDV) Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed. 8-00) INSURED , 3480 Preston Ridge Rd Suite 250,Alpharetta,GA 30005 Phone:770,751.5080 Fax;770.751.5090 AR G O Email submissions to: casualty@colonyspecialty.com 0111sI11'( .rux, Casualty Excess Binder Date: 312112022 RISK BOUND To: HULL&COMPANY,LLC(GREENWOOD VILLAGE) Policy#:XS4246831 Attn: Kyle Gallup Effective:03/18/2022 TO 03/18/2023 From: MANDY OWENS Per terms and conditions listed hereby. Insured: CARMODY CONSTRUCTION COMPANY Expiring Pol,#: XS4246831 Insurance Co.: Colony Insurance Company NOTE. The attached SLB Data sheet must be completed and returned to us. The policy will not be Issued until we receive this forrn. I i I I f Thank you for the opportunity to quote the above account.We are pleased to offer the following binder: NOTE: Coverage to be written on an excess policy. The underlying General Liability is on an occurrence form. Policy Limit:$5,000,000 Each Occurrence Limit $5,000,000 Aggregate Limit Excess of:Primary-See Schedule of Underlying I i i Policy Term: 12 months Terrorism Endt: Terrorism Rejected XP350-0121 Terrorism Exclusion The underlying policies from the schedule of underlying limits noted below are due within 60 days of inception. At 60 days from inception,without further notice,we will forward a Notice of Cancellation If any outstanding underlying policies are not received by Colony Specialty, Employers Liability policies are exempt. Schedule of Underlying Limits j Our binder is based upon the following underlying requirements placed with a carrier rated A-(VI)or better by A.M.Bests: j I General Liability Lfmlta i $1,000,000 Each Occurrence $2.000.000 General Aggregate $2,000,000 Products Completed Operations Agg. $1,000,000 Pere&Adv Injury Limit Carrier Colony Aiyto,Llabllity $1,000,000 Combined Single Limit Carrier: California Automobile Insurance Company i EmoloverA Llab. $1,000,000 Each Occurrence Bodily Injury $1,000,000 Each Occurrence for Employee Disease $1,000,000 Employee Disease Aggregate j I Carrier: Insurance Company of the West i i I i r i i i