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HomeMy WebLinkAboutWillard Marine, Inc. - 2022-07-06 AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WILLARD MARINE, INC. FQR AN OCEAN/SURF RESCUE BOAT 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 WILLARD MARINE, INC., a California Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Consultant are parties to that certain agreement, dated July 6, 2022, entitled"Service Agreement Between the City of Huntington Beach and Willard Marine, Inc. for an Ocean/Surf Rescue Boat"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Contractor wish to amend the Original Agreement to amend the Scope of Services. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. SCOPE OF SERVICES The Scope of Services of the Agreement is amended to include the additional duties as set forth in Exhibit"A. 2. ADDITIONAL COMPENSATION There shall be zero additional costs associated with this Amendment 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. 22-11525/322068 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on )&ti^"„ w 1`,--2023. WILLARD MARINE, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name w OD ITS: (circle one)Chairman/President/Vice President Mayor AND 9A0/1411,4)4eAd City Clerk \ /.Z/9/.23 - By: INITIATED AND APPROVED: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Fire Chief APPROVED AS ORM: COUNTERPART it Attorney VIEWED AND APPROVED: City ttorney REVIEWED AND PPROVED: City Manager 22-11525/322068 2 . ...• V.••.•• • IN WITNESS WHEREOF,the parties hereto hthie Caused-this Agreement to be, executed.by and though their authorized officers on lid,t/mlyzr 2023. WILLARD.MARINE,INC. CITY OF HUNTING ON'BEACH, municipal corporation of the.State of California : Øiint • 14' na . ITS:.('cire..ig chionra. .Prdwienti ice Pr.esident. Mayor AND .city Clerk By:. 1776v- -41( 7)19.0,90. Vilit INITIATED AND APPROVED: print Ilene 1TSt(circle.one)Secretary > •oadD Asst. Seceetary .Tkeasurer Fire Chi APPROVED AS'TO.FORM: COUNTERPART City Attorney REVIEWED AND APPROVED: City Attorney 22-1.1525/322068 2 • EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The purpose of this amendment is to list the agreed upon changes to PO#28634- • OP,which is an order for Willard Marine to build and deliver two (2) 29' Surf Rescue Vessels for the City of Huntington Beach Fire Department—Marine Safety Division. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The official changes agreed upon are as follows: • Superstructure cabin face location change to measure roughly 10' setback from the Bow to apex of structure using California State Parks 33' Surf Pro's as a reference. Maximum allowable tolerance is+/-1" from the 10' setback. • • Change of cabin face location will be memorialized as a trade for"yacht finish"interior specification with an approved sample of a"glossy smooth finish." • Willard Marine provided a test panel sample to COHB for them to evaluate. COHB has decided upon Panel#1 to be used for the inerior. • This is a net zero cost change order. • As part of this agreement,it shall be understood by both parties that the • decision to implement this change order will affect the delivery of both boats. Delivery of Boat#1 is on or before March 5,2024, and delivery of Boat#2 is estimated to be April 6, 2024. Furthermore,liquidated damages shall take effect 20 months after issuance of Service Agreement for Boat#1 and 21 • months for Boat#2,per the dates above. • • • 22-11525/322068 3 A�L DATE(MM/DD/YYYY) 1(MM CERTIFICATE OF LIABILITY INSURANCE /2023 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: Tina Coleman Edgewood Partners Insurance Center(EPIC) PHONE FAX License No:OB29370 Arc.No.Exq: 949-417-9164 (Alc,No): 949-809-2364 4675 MacArthur Court, Suite 750 ADDRESS: tins-colemanaepicbrokers.com Newport Beach, CA 92660 INSURER(S)AFFORDING COVERAGE NAICII www.epicbrokers.com INSURER A: Travelers Property Casualty Co of Amer 25674 INSURED INSURER B: Great American Spirit Insurance Company 33723 Willard Marine, Inc.4602 North Avenue INSURER c: American Longshore Mutual Assoc. Oceanside CA 92056 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 77439855 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 SUBR POLICY EFF POLICY EXP LIMITS LTRINsn WVO POLICY NUMBER (MM/DOIYYYY) (MM/OD/YYYYf A '/ COMMERCIAL GENERAL UABILITY ZOL71N5903222 12/31/2022 12/31/2023 EACH OCCURRENCE S1,000,000 DAMAGE TO CLAIMS-MADE / OCCUR PREMISES(EaENTED occurrrence) $100,000 / Marine Legal Liab included MED EXP(Any one person) s 10,000 ✓ Boat Dealers P&I included PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY CT 1 LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BA-8N958189-22-43-G 12/31/2022 12/31/2023 IEa esmE(SINGLE LIMIT $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) A ,/ UMBRELLALIAB / OCCUR ZOB-61N59648-22-ND 12/31/2022 12/31/2023 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED / RETENTIONS10,000 $ B WORKERS COMPENSATION WC E833737 01 4/3/2023 4/3/2024 ,/ STATUTE ERH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNERIEXECUTIVE Y� N/A E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? ' ' (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 A Boat Dealers Inventory ZOL71N5903222 12/31/2022 12/31/2023 1,500,000 limit,$5,000 ded. C USLH inc MEL ALMA04012202223802 4/3/2023 4/3/2024 $1,000,000 A Builders Risk ZOH51N6221322 12/31/2023 12/31/2024 $1,500,000 anyone vessel $3,000,000 any one accident or occurrence DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) AeDp��QQnn�/ r� AC n f1Ct The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named 13r1RRidh�l TrK[Ir�d'2STrL�q�,TeVM by written contract.Coverage is primary and non-contributory.Waiver of Subrogation applies. '30 Days Notice of Cancellation applies,10 Days for Non-Payment of Premium' Excess Liability follows form. PY' MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION 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 BobbiJo DeNofa Broad ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 77439855 1 Master Certificate 1 Tina Coleman 1 12/4/2023 7.45:13 Mr (PST) 1 Page 1 of 8 Willard Marine,Inc. COMMERCIAL GFNFRAL LIABILITY POLICY NUMBER: z0L71N5903222 ISSUE DATE: 12/04/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATIONS NAME OF PERSON OR ORGANIZATION: The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers PROJECT/LOCATION OF COVERED OPERATIONS; PROVISIONS The insurance provided to such additional insured is The following is added to SECTION II—WHO IS AN subject to the following provisions: INSURED: a. If the Limits of Insurance of this Coverage Part Any person or organization shown in the Schedule shown in the Declarations exceed the minimum Of Additional Insureds And Covered Operations that limits required by the written contract or you agree in a written contract or agreement to agreement, the insurance provided to the include as an additional insured on this Coverage additional insured will be limited to such Part is an insured, but only: minimum required limits. For the purposes of determining whether this limitation applies, the a. With respect to liability for "bodily injury" or minimum limits required by the written contract or "property damage" that occurs, or for "personal agreement will be considered to include the injury" caused by an offense that is committed, minimum limits of any Umbrella or Excess subsequent to the signing of that contract or liability coverage required for the additional agreement and while that part of the contract or Insured by that written contract or agreement. agreement is in effect;and This provision will not increase the limits of b. lf, and only to the extent that, such injury or insurance described in Section III — Limits Of damage is caused by acts or omissions of you or Insurance. your subcontractor in the performance of "your b. The insurance provided to such additional work" on or for the project, or at the location, insured does not apply to: shown in the Schedule Of Additional Insureds (1) Any "bodily injury", "property damage" or And Covered Operations, to which the written contract or agreement applies. Such person or "personal injury' arising out of the providing, organization does not qualify as an additional or failure to provide, any professional insured with respect to the independent acts or architectural, engineering or surveying omissions of such person or organization. services, including: CG D2 47 04 19 @ 2018 The Travelers Indemnity Company.All rights reserved Page 1 of 2 77439855 I Meeter Certificate I Tina Coleman 112/4/2023 7;45:13 AM (PST) I Page 7 of 0 COMMERCIAL GENERAL LIABILITY (a) The preparing, approving, or failing to (c) The nature and location of any injury or prepare or approve, maps, shop damage arising out of the "occurrence" drawings, opinions, reports, surveys, or offense. field orders or change orders, or the (2) If a claim is made or"suit" is brought against preparing, approving, or failing to the additional insured: prepare or approve, drawings and specifications; and (a) Immediately record the specifics of the claim or"suit"and the date received; and (b) Supervisory, inspection, architectural or (b) Notify us as soon as practicable and see engineering activities. to it that we receive written notice of the (2) Any "bodily injury" or "property damage" claim or"suit"as soon as practicable. caused by "your work" and included in the (3) Immediately send us copies of all legal "products-completed operations hazard" papers received in connection with the claim unless the written contract or agreement or "suit", cooperate with us in the specifically requires you to provide such investigation or settlement of the claim or coverage for that additional insured during defense against the "suit", and otherwise the policy period. comply with all policy conditions. c. The additional insured must comply with the (4) Tender the defense and indemnity of any following duties: claim or "suit" to any provider of other (1) Give us written notice as soon as practicable insurance which would cover such additional of an "occurrence" or an offense which may insured for a loss we cover. However, this result in a claim.To the extent possible,such condition does not affect whether the notice should include: insurance provided to such additional (a) How, when and where the "occurrence" insured is primary to other insurance or offense took place; available to such additional insured which covers that person or organization as a (b) The names and addresses of any injured named insured as described in Paragraph 4., persons and witnesses; and Other Insurance, of Section IV—Commercial General Liability Conditions. Page 2 0f 2 ©2018 The Travelers Indemnity Company.All rights reserved. CG D2 47 04 19 77439855 I Master Certificate 1 Tina Coleman 1 12/4/2023 7,45:13 AM (PST) 1 Page 8 of 8 • 1214/2023 Willard Marine,Inc. zoL71rl5903222 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies Insurance provided under the following: AUTO DEALERS COVERAGE FORM • BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.S.. Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any"accident" or"loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent • CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 includes copyrighted material of Insurance Services Office,Inc.with Its permission. 77439655 1 Master Certificate 1 Tina Coleman 112/4/2023 7:45,13 AM (PST) I Page 2 of 8 Willard Marine,Inc. COMMERCIAL AUTO BA-SN958189-22-43-G THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT • This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D, EMPLOYEES AS INSURED J, PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR • F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1.,Who Is person or organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION 11 — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name,with your permission, while performing B. BLANKET ADDITIONAL INSURED duties related to the conduct of your busi- ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II —COVERED Other Insurance, of SECTION IV — BUSi- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto"hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes Copyrighted material of Insurance Services Office,Inc.with Its permission. 77439855 1 Master Certificate 1 Tina Coleman 1 12/4/2023 7:450.3 AM (PST) 1 Page 3 of 8 COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (i) You must arrange to defend.the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tie any such claim or"suit" and keep The following is added to Paragraph A.1.,Who Is us advised of all proceedings and ac- An Insured, of SECTION It—COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any"employee"of yours is an "insured"while us- "insured" will make any settlement ing a covered"auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii)We may, at our discretion,participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II—COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily eluding bonds for related traffic law viola- injury" or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS LIABIL- SECTION II COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of F. HIRED AUTO — LIMITED WORLDWIDE COV- s the "insured" against any such " ERAGE—INDEMNITY BASIS "suit", but only up to and included within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II. — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Coy- and collectible other insurance available ered Autos Liability Coverage for any covered to the"insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. 77439855 1 Master Certificate 1 Tina Coleman 1 12/4/2023 7:45,13 7M (P5T) 1 Page 4 of 8 • COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered"auto". compulsory insurance in any such coup- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto". local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage. this policy,but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph 0.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a, does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered"auto"you own that in- United States of America, its territories flate due to a cause other than a cause of"loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A,1.b, and A.1.c., but ada.We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty;and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A,2.a., of H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE--INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or"loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You(if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability com- l. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: tice of the"accident"or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a coy- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for`loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident"or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 63 0215 02015 The Travelers indemnity Company.All rights reserved. Page 3 of 4 • Includes copyrighted material of Insurance Services Office,Inc.with its permission. 77439855 I Master Certificate 1 Tina Coleman 112/4/2023 7:45:13 AM (PST) 1 Page 5 of 8 • COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract, prejudice your rights under this insurance, How= N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: • Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. 77439865 1 Master Certificate 1 Tina Coleman 112/4/2023 7:45:13 AM (PST) 1 Page 6 of 8 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WILLARD MARINE, INC. FOR AN OCEAN/SURF RESCUE BOAT 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 Willard Marine, Inc., a California Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of designing and building of Ocean/Surf Rescue Boats. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Justin Law, 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. 22-11525/286843 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit `B." The total sum to be expended under this Agreement, shall not exceed One Million Two Hundred Thousand Six Dollars and Ninety-Five Cents ($1,200,006.95) 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. C. Contractor shall be paid pursuant to the terms below: "Deliverable Items Payment Schedule." Once each unit is ordered, City shall inspect and take ownership of the item(s) and payment shall be issued as follows: The deliverable items that the City will take ownership of and pay for are as follows. Percentages shall be from the total per unit cost plus tax. • 20% - Completed, reviewed and signed vessel design and engineering. The vessel design shall be approved by the City representative in writing before payment will be issued. • 20% - Completion of Hull and Deck • 20% - Receipt of Engine(s) • 20% - Upon Delivery to City • 20% - Upon Final Customer Acceptance Unless otherwise specified, invoice(s) shall be sent to the address set forth herein. Invoices shall include the purchase order number, the item(s) City is taking ownership of, total milestone price as determined below, and shall have the word "invoice" with an invoice number printed on the document. Invoice(s) not meeting these requirements will be considered not acceptable. All payments shall utilize a"Net 30" payment cycle from the date the City received a compliant invoice(s) Each milestone payment shall be invoiced separately and payment shall be made only upon review and approval by the City representative(s) in writing. Milestone payments shall only be made upon receipt of a Performance Bond meeting the requirements below: Performance Bond Contractor shall furnish a Performance and Payment bond (Bond) equal to 100 percent of the total contract amount prior to issuance of the purchase order. Such Bond will be in a form acceptable to the City and issued by a surety company included within the 22-11525/286843 2 Department of Treasury's Listing of Approved Sureties (Department Circular 570)with a minimum A.M. Best Financial Strength Rating of A and Size Category of XV. In the event of a bond issued by a surety of a lesser Size Category, a minimum Financial Strength rating of A+ is required. Contractor and Contractor's surety agree that the Bond issued hereunder, whether expressly stated or not, also includes the surety's guarantee of the vessel manufacturer's Basic One(1) Year Limited Warranty period included within this proposal. Owner agrees that the amount of this bond will be simultaneously amended to 100 percent of the total contract amount upon satisfactory acceptance and delivery of the vessel (s) included herein. Notwithstanding anything contained within this contract to the contrary,the surety's liability for any warranties of any type will not exceed one (1)year from the date of such satisfactory acceptance and delivery, or the actual Basic One (1) Year Limited Warranty period,whichever is shorter. Should Contractor be unable to provide a performance bond that meets the requirements outlined below, or should the performance bond terminate at any point prior to the term specified in the requirements noted above, milestone payments will not be issued and full payment shall be made only upon Final Customer Acceptance. Late Delivery Charges and Failure to Perform The parties to this agreement acknowledge that the City shall incur actual damages should the Contractor fail to perform the work as called out in the agreement and specification set forth herein. The parties, specifically agree that a late delivery charge in the amount of$800 per vessel on order and not received, per workday past the deadlines outlined in the quote(18 months for the first vessel and 20 months for the second vessel) will apply. 4gM>jrL Initials Workdays are Monday through Friday inclusive, except State holidays observed Monday through Friday inclusive. The parties also agree that the amount specified is not unreasonable nor punitive in nature and both parties have carefully considered the amount specified and believe it to be a reasonable estimate, for damages and not excessive. It is,therefore agreed,that the Contractor will pay the City the sum of$800 per vessel per workday(as stated above)for each work day the work remains incomplete or otherwise not accepted by the City. In the event such damages are not paid,the Contractor agrees that the City may deduct the amount thereof from the performance bond, or from any monies due or that may become due to said Contractor. Initials 22-11525/286843 3 The failure of Contractor to perform or cause to be performed any obligation required to be performed by Contractor under this agreement or the failure of any representation and warranty set forth herein to be true and correct as and when made. 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence 7161 17Mn ,-or as soon as practicable after the execution of this Agreement by City(the"Commencement Date") and terminate'1 S 9,_3 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. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees to provide all pertinent materials that may include manuals, documentation, necessary drawings, Coast Guard Certifications, et al. All original drawings, designs, calculations, code, et al will remain Contractor's proprietary property. Contractor shall turn all pertinent materials over to the City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. 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 22-11525/287141 4 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 Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) 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. 22-11525/286843 5 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 greater than $5,000. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 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, 22-11525/286843 6 agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as 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 22-11525/286843 7 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 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Willard Marine, Inc. Attn: Fire Chief Attn: Justin Law 2000 Main Street 1250 North Grove Street Huntington Beach, CA 92648 Anaheim, CA 92806 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or 22-11525/286843 8 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; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 22-11525/286843 9 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. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party 22-11525/286843 10 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 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. 22-11525/286843 11 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a WILLARD MARINE, INC. municipal corporation of the State of a California Corporation California By:_ Mayor Pri ne ITS: (cir elope)p C irma residen Vice eside City Clerk AND By: — INITIATED AND APPROVED: P . t name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer p i1�PG}pY ✓ I— �J3 tk.�l OIV/ Fire Chief APPROVED AS TO FORM: City Attorney W REVIEWED AND APPROVED: City Manager COUNTERPART 22-11525/286843 12 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a WILLARD MARINE, INC. municipal corporation of the State of a California Corporation California By: 6A"14* Mayor tj Print name ITS: (circle one) Chairman/President/ Vice President City Clerk AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Fire Chief APPROVED A FORM: City Attorney / REV ED ND APPROVED: r COUNTE"ART 22-11525/286843 12 Quote# Quote Date Cust ID# Delivery Dest 061622A 6/16/2022 20-CLG HB Cust RFQ# Quote Expires Cust Terms Prices FOB NA 7/22/2022 SPECIAL DESTINATION WILLARD MARINE' QUOTATION Quoted To: Eric Dieterman Quoted By: Justin Law Email: Edieterman@surfcity-hb.or� Email: flaw@willardmarine.com Phone: 714-536-5645 Phone: 714-262-9764 Business: Huntington Beach Fire Fax: 714-632-8136 Line Part Description Qty Extended Price 100 Base Boat Description 29'Surf Pro Rescue Boat LOA: 29'-8" (Including submerged swim platform) 101 BOA: 10'-10" 2.00 $ 1,109,380.00 Draft: V-8" Fuel Capacity: 110 Gallon 200 Hull and Deck 201 Heavy Duty Hull and Deck with Fiberglass and Vinylester Resin 2.00 Included 202 Gelcoat w/Custom Color Package 2.00 Included 203 Hull Bottom Paint 2.00 Included 204 Vinyl Decals, Custom 2.00 Included 205 Submerged Swim Step, 10" 2.00 Included 206 Deck Hatches w/SS Hardware 2.00 included 207 Cabin with V-Berth and Storage Compartments 2.00 Included 208 Rub Rails, Black Vinyl 2.00 Included 209 Sound Proof Engine Compartment 2.00 Included 210 Self-Bailing Deck w/Scuppers and One-Way Flaps 2.00 Included 211 Spray Shield and Wind Deflector,Acrylic(Teak to be explored) 2.00 Included 212 Emergency Exit Hatch w/Ventilation 2.00 Included 213 Non-Skid, Silica Sand 2.00 Included 214 Transom Door, 27.5" min w/SS Kick Plate and Grabrails 2.00 Included 215 Tow Post, 4" SS w/1"Threaded SS Rods 2.00 Included 216 Samson Post, Buck Algonquin 316SS 70MB4X4 or Equal 2.00 Included 217 Mooring Cleats,West Marine 10829604 or Equal) 12.00 Included 218 Bow Chocks w/Rub Strips,West Marine 188540 or Equal 4.00 Included 219 Transom Corner Guards,SS (P/S) 4.00 Included 220 Louvres, Fiberglass 8.00 Included 221 SS Chafing gear 12" 16.00 Included 222 Scuppers, one way 4.00 Included 300 Engine and Engine Equipment 301 Mercruiser 8.2L Gas Engines w/ZF68A Marine Gear 4.00 Included 302 SS Engine Bed w/ Full Adjustable Mounts 4.00 Included 303 Control Head, Gear and Throttle Separate 4.00 Included 304 Engine Rigging&Display 4.00 Included 305 Engine Gauge Package, Faria or Equal 2.00 Included 306 Push to Start w/Keys 4.00 Included 6/16/2022 1 Company Proprietary 307 Exhaust System w/Muffler 4.00 Included 308 Low Oil Pressure Alert System 4.00 Included 309 Sea Water Cooling System 4.00 Included 310 Fuel and Lube Oil System 4.00 Included 311 Remote Fuel Filters 4.00 Included 312 Oil Line for Oil Change w/Quick Disconnect 4.00 Included 313 labsco Pump, PTO Stbd Engine 2.00 Included 400 Electrical System Equipment 401 Batteries,Optima Blue Top 8.00 Included 402 Battery Box, Fiberglass 2.00 Included 403 Battery Charging,4-Bank ProTournament 40A 2.00 Included 404 Shore Power Inlet w/50' Cable, Marinco,with cover 2.00 Included 405 Battery Voltmeter 2.00 Included 406 Battery Switch, Cole Hersee M750 or Equal 4.00 Included 407 AC Power Distrbution, Blue Seas 2.00 Included 408 DC Power Distribution, Blue Seas 2.00 Included 409 110 VAC Power Outlets 4.00 Included 410 12v DC USB Receptacles,Waterproof 4.00 Included 411 Bilge Blowers 4.00 Included 412 DC to AC Inverter 2.00 Included 413 ACR Charging system 2.00 Included 414 NEMA Type 5 junction boxes, all junctions 2.00 Included 415 Hours Meter 6.00 Included 500 Command and Control Equipment 501 Magnetic Compass, Ritchie 2.00 Included 502 Anchor Light, Aqual Signal Series 34 LD 2.00 Included 503 Side lights, Aqua Signal Series 34 LD 4.00 Included 504 LED Dome Lights, Red/White (1) Eng Compartment(2) Below 6.00 Included 505 Flood Lights, LED 8.00 Included 506 12v Handheld Spotlight 2.00 1 Included 507 PA Control Head & Mic(Customer Supplied) Install Only 2.00 Included 508 PA Speaker(s) (Customer Supplied) Install Only 4.00 Included 509 Blue LED Beacon Light(Customer Supplied) Install Only 4.00 Included 510 Furuno Navnet TZTouch2 12" MFD 4.00 Included 511 Furuno Radar, 24" DRS4D 2.00 Included 512 Furuno Sonar Module, High Power 2.00 Included 513 Furuno AIS FA50 Transponder 2.00 Included 514 Furuno GPS Sensor 2.00 Included 515 Transducer,Airamar 2.00 Included 516 Skipper Remote Display, RD33 2.00 Included 517 Furuno Depth/Temp Receiver GPA 017 2.00 Included 518 EPIRB,ACR GlobalFix or Equal 2.00 Included 519 VHF Radio, ICOM MC506 2.00 Included 520 Motorola Radio(s) (Customer Supplied) Install Only 4.00 Included 521 VHF Radio Speakers, One Per Radio 6.00 Included 522 Headset Intercom System,Sitex 4.00 Included 523 LED Indicators 8.00 Included 524 NMEA 2k Network 2.00 Included 6/16/2022 2 Company Proprietary 525 Motorola Mobile Charging Station (Customer Supplied) Install Onl 2.00 Included 600 Mechanical Systems 601 Electric Bilge Pump, 3700 GPH 6.00 Included 602 Float Switch, LISS Jr 6.00 Included 603 Aqua Alarm Marine Bell 2.00 Included 604 Fuel Level Guage 4.00 Included 605 Fuel Valves& Hoses 2.00 Included 606 Fuel/Water Seperator, Racor 4.00 Included 607 Fuel Fill w/Vent 2.00 Included 608 Fuel Tank 119 Gallon,SS 2.00 Included 609 Steering System, Hydraulic 2.00 Included 610 Destroyer Steering Wheel,SS 20" 2.00 Included 611 Propeller Shaft, 1-1/2"Aquamet 22 4.00 Included 612 Heavy Duty Struts, Manganese Bronze 4.00 Included 613 Propellers, Manganese Bronze with Prop Analysis 8.00 Included 614 Heavy Duty Rudders,Tie Bars, and Bearings 4.00 Included 615 Dripless Shaft Seals 4.00 Included 616 Fresh Water Tank System, 20 Gallon 2.00 Included 617 Fire Suppression System, Fireboy or Equal 2.00 Included 618 Fuel Shutoff Valves, isolate filter 6.00 Included 619 Fuel Tank Sounding Rod Access 2.00 Included 700 Outfit and Furnishings 701 Label Plates 2.00 Included 702 SS Grab Rail Package 2.00 Included 703 Cathodic Protection,Zinc Anode 2.00 Included 704 Cabin Hatch w/Two-Piece Door Removable/Lockable 2.00 Included 705 Fix Mounted Removeable Seat w/Armrest, Custom 4.00 Included 706 Foot Rest, Foldable Bar 4.00 Included 707 Stainless Steel Radar Arch w/Canvas Bimini 2.00 Included 708 Ring Buoy Holder 4.00 Included 709 Dash Storage w/Canvas Cover and Power Port (P/S) 4.00 Included 710 5/8" Dynema Amsteel Tow Line, 300' 2.00 Included 711 Aft Cockpit Railings,SS 4.00 Included 712 Fortress Anchor w/Chain and Rode, Bag 2.00 Included 713 Boat Cover 2.00 Included 714 Boat Trailer,Aluminum Triple Axle w/Boarding Ladder 1.00 Included 715 Stainless Steel Tow Line Bridge 2.00 Included 716 Constant Torque hose clamps throughout 2.00 Included 717 WMI Testing- Builders Trials, Overload, Scale Weighing 2.00 Included Customer Required Testing-Acceptance Trias, Speed, 2 hour 718 2.00 Included endurance, Planing,Turning,Weight Study, OSHA Sound 719 Prop out Process 2.00 Included 800 Miscellanous 801 ICity of Huntington Beach trade in existing 29'Surf Rescue Vessels 2.00 ($60,000) Subtotal $ 1,109,380.00 ** Notes on page 4 Tax 7.75% $ 90,626.95 Total $ 1,200,006.95 6/16/2022 3 Company Proprietary Notes: 1.Quote based on City of Huntington Beach Specifications for Open Ocean/Surf Rescue Boat Rev 7. 2.Shipping to Huntington Beach is included in price. i 3. Line Item 801-As part of negotiations between Willard and City of HB to reduce sales order total to meet budget,the City of Huntingon Beach will trade in city owned 1982 and 2002 crystaliners and also agreed to reduce the requirement on this order for the Road trailer to 1EA.The agreed upon trade in 3 value of$30,000 per boat is final and includes wear and tear that occurs during the typical use of the boats.If a catastrophic event occurs for either boat,the City of HB will be liable for the$30,000 per boat figure.Trade in of each boat will take place no later than 30 days following satisfactory completion of customer required testing noted on Line 718. Upon completion of delivery of the first boat as previously defined,Asset 100466(HIN CRUR0027G102)will be traded in to Willard. Upon completion of delivery of the second boat by Willard(as previously defined),Asset 100467(HIN CRUR00080982)will be traded in to Willard. . 4.Estimated lead time is 12 months for Boat#1 and 14 months for Boat#2 after receipt of purchase order.Due to global supply chain disruptions,these figures could be affected but should not exceed 18 months for Boat#1 and 20 months for Boat#2. i S.Payment Terms:Upon delivery of a performance bond that meets the City's requirements,the following milestone payments will be issued based on the following schedule: 20%Upon Completion of Engineering 20%upon completion of Hull&Deck 20%Upon Receipt of Engines 20%Upon Delivery 20%Upon Final Customer Acceptance In the event that the performance bond does not meet City requirements,milestone payments will not be issued and payment will be issued upon final Customer acceptance of each boat. WILLARD MARINE LIMITED NEW CRAFT WARRANTY Congratulations! You are now the proud owner of a new boat built by Willard Marine,Inc. Willard Marine takes great pride in furnishing a product of unmatched quality that will bring many years of superior performance and dependable use. Willard Marine,Inc. ("Willard Marine"or"WMI")warrants to the original owner that each new craft,trailer and all installed equipment("Caft")that is purchased directly from WMI will be free of defects in material and workmanship upon delivery and under conditions of normal use and service("Craft Warranty' This Limited New Craft Warranty commences upon the date that the craft is placed"In Service"and extends for one(1)year(the"Warranty Period"). The warranty-for structural hull&deck of each new craft commences upon the"In Service"and extends for a period of ten(10)years(the"Hull&Deck Warranty Period"). THERE ARE NO WARRANTIES THAT EXTEND BEYOND THIS WILLARD MARINE LIMITED NEW CRAFT WARRANTY. TO THE EXTENT ALLOWED BY LAW,WILLARD MARINE DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE CRAFT.THIS INCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. 6/16/2022 4 Company Proprietary DATE(MMIODIYYYY) ACC)RO CERTIFICATE OF LIABILITY INSURANCE 7/12/2022 THIS bERTIFICATE 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). CONAPRODUCER Newfront Insurance Services NAME: Jenn Rabena 777 Mariners Island Blvd., Suite 250 PHONE xt: 206-866-7655 AAIC No San Mateo, CA 94404 E-MAIL ADDRESS: Jenn.Rabena newfront.com INSURERS AFFORDING COVERAGE NAIC N INSURERA: Travelers Property Casualty Co of Amer 25674 INSURED INSURER B: Great American Insurance Company 16691 Willard Marine, Inc INSURERC: American EquItV Insurance Company 43117 1250 N.Grove Street Anaheim CA 92806 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 69211481 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. ADD POLICY POLICY TYPEOFINSURANCE D LIMITS D POLICYNUMBER MMIDD/YYYY MMIDDIYYYY A �/ COMMERCIAL GENERAL LIABILITY 31N48721 12/31/2021 12/31/2022 EACHOCCURRENCE $1000000 DAMAGE To RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $100 000 MED EXP(Any one person) $10 000 PERSONAL&AOV INJURY $1 000 000 GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑PRO- ❑LOG PRODUCTS-COMP/OP AGG $2 000 000 JECT OTHER: $ A AUTOMOBILE LIABILITY BN958189 12/31/2021 12/31/2022 CO aecid SINGLE LIMIT nt $1 000 000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ ✓ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ ✓ AUTOS ONLY AUTOS ONLY Pet accident 1 $ UMBRELLAUAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ TH- $ B WORKERS COMPENSATION WCF-833737-State Act 4/3/2022 4/3/2023 STATUTE E C AND EMPLOYERS'LIABILITY Y/N 022238-01-USL&H ANYPROPRiETOR/PARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ 000 000 OFFICERIMEMBEREXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE LA S TO` RN1 If yes,describe under APPR VE DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 By: fir. NII HAEL E.GA' ES CM ATTORN Y DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Seh6'dlrTe.GF1:�bIN 7 qulred) Re;Surf Rescue Order City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers are Included as Additional Insured as required by written contract and in accordance with policy terms and conditions.This insurance is to be primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The 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 Rod Sockolov ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 69211461 1 00023844 1 Neater certificate I Jenn Rabena 1 7/12/2022 10:50:19 A1•1 (PDT) I Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ZOL-31N48721-21-ND ISSUE DATE: 07/21/22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATIONS NAME OF PERSON OR ORGANIZATION: The City of Huntington Beach, Its Officers, Elected or Appointed Officials, Employees, Agents, and Volunteers City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 PROJECT/LOCATION OF COVERED OPERATIONS: As per the written contract with the entity shown in the schedule above PROVISIONS The insurance provided to such additional insured is The following is added to SECTION 11—WHO IS AN subject to the following provisions: INSURED: a. If the Limits of Insurance of this Coverage Part Any person or organization shown in the Schedule shown in the Declarations exceed the minimum Of Additional Insureds And Covered Operations that limits required by the written contract or you agree in a written contract or agreement to agreement, the insurance provided to the include as an additional insured on this Coverage additional insured will be limited to such Part is an insured, but only: minimum required limits. For the purposes of determining whether this limitation applies, the a. With respect to liability for "bodily Injury" or minimum limits required by the written contract or "property damage" that occurs, or for"personal agreement will be considered to include the injury" caused by an offense that is committed, minimum limits of any Umbrella or Excess subsequent to the signing of that contract or liability coverage required for the additional agreement and while that part of the contract or Insured by that written contract or agreement. agreement is in effect; and This provision will not increase the limits of b. If, and only to the extent that, such injury or insurance described in Section III — Limits Of damage is caused by acts or omissions of you or Insurance. your subcontractor in the performance of "your b. The insurance provided to such additional work' on or for the project, or at the location, insured does not apply to: shown in the Schedule Of Additional Insureds 1 An "bodily injury", "property damage" or And Covered Operations, to which the written { } y y j ar , p p y g contract or agreement applies. Such person or personal injury arising out of the providing, or failure to provide, any professional organization does not qualify as an additional respect to the Independent acts or architectural, engineering or surveying Insured with res p p services, including: omissions of such person or organization. CG D2 47 0419 ©2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) The preparing, approving, or failing to (c) The nature and location of any injury or prepare or approve, maps, shop damage arising out of the "occurrence" drawings, opinions, reports, surveys, or offense. field orders or change orders, or the (2) If a claim is made or"suit" is brought against preparing, approving, or failing to the additional insured: prepare or approve, drawings and (a) specifications;and Immediately record the specifics of the claim or"suit"and the date received; and (b) Supervisory, inspection, architectural or engineering activities. (b) Notify us as soon as practicable and see to it that we receive written notice of the (2) Any "bodily injury' or "property damage" claim or"suit"as soon as practicable. caused by "your work' and Included in the (3) Immediately send us copies of all legal "products-completed operations hazard" papers received in connection with the claim unless the written contract or agreement or "suit", cooperate with us in the specifically requires you to provide such investigation or settlement of the claim or coverage for that additional insured during defense against the "suit", and otherwise the policy period. comply with all policy conditions. The additional insured must comply with the (4) Tender the defense and indemnity of any following duties: claim or "suit" to any provider of other (1) Give us written notice as soon as practicable insurance which would cover such additional of an "occurrence" or an offense which may insured for a loss we cover. However, this result in a claim. To the extent possible,such condition does not affect whether the notice should include: insurance provided to such additional (a) How, when and where the "occurrence" insured is primary to other insurance or offense took place; available to such additional insured which covers that person or organization as a (b) The names and addresses of any injured named insured as described in Paragraph 4., persons and witnesses; and Other Insurance, of Section IV—Commercial General Liability Conditions. Page 2 of 2 0 2018 The Travelers Indemnity Company.All rights reserved. CG D2 47 0419 POLICY NUMBER: zOL-31N48721--21-ND ISSUE DATE: 07/21/22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 PERSON OR ORGANIZATION: The City of Huntington Beach, Its Officers, Elected or Appointed Officials, Employees, Agents, and Volunteers ADDRESS: City of Huntington Beach 2000 Main street Huntington Beach, CA 92648 PROVISIONS If we cancel this policy for any legally permitted reason other than nonpayment of premium,and a number of days is shown for Cancellation in the Schedule above, we will mall notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. IL T4 05 0519 0 2019 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Aftk TRAVELERV POLICY NUMBER: ZOL-31N48721-21-ND EFFECTIVE DATE: 12/31/21 ISSUE DATE: 02/11/22 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS This listing shows the number of forms, schedules and endorsements by line of business. IL T4 36 06 20 COMMON POLICY DECLARATIONS IL T4 37 06 20 COMMON POLICY CONDITIONS - OCEAN MARINE IL T8 01 10 93 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL T4 38 06 20 EXCLUSION - NUCLEAR MATERIAL IL T4 39 06 20 EXCLUSION - BIOLOGICAL OR CHEMICAL HAZARD AND ELECTROMAGNETIC FIELDS IL T4 12 03 15 AMENDMENT OF COMMON POLICY CONDITIONS-PROHIBITED COVERAGE UNLICENSED INSURANCE AND TRADE OR ECONOMIC SANCTIONS IL T4 14 01 21 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM OCEAN MARINE OM GE 00 04 01 21 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE OM GE 01 17 11 20 EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA OM GE 01 18 11 20 ELECTRONIC VANDALISM LIMITATION ENDORSEMENT COMMERCIAL GENERAL LIABILITY CG U2 02 06 20 OCEAN MARINE COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS CG U2 03 06 20 BOAT DEALERS INVENTORY COVERAGE PART DECLARATIONS CG TO 09 09 93 EMPLOYEE BENEFITS LIABILITY COVERAGE PART DECLARATIONS CG T1 00 02 19 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG T1 01 01 16 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM CG U2 04 06 20 BOAT DEALERS INVENTORY COVERAGE FORM CG D3 05 07 08 DEDUCTIBLE LIABILITY INSURANCE CG D2 03 12 97 AMENDMENT - NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY AND NON CUMULATION OF PERSONAL & ADVERTISING INJURY LIM CG D2 43 01 02 FUNGI OR BACTERIA EXCLUSION CG D4 21 07 08 AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION - EXCEPTION FORDAMAGES ASSUMED IN AN INSURED CONTRACT APPLIES ONLY TO NAMED CG D1 42 02 19 EXCLUSION - DISCRIMINATION CG D2 40 09 15 EXCLUSION - SILICA OR SILICA-RELATED DUST CG D2 46 04 19 BLANKET ADDITIONAL INSURED (INCLUDES PRODUCTS-COMPLETED OPERATIONS IF REQUIRED BY CONTRACT) CG D6 18 10 11 EXCLUSION - VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS CG D8 55 06 20 MARINE AMENDATORY ENDORSEMENT CG D8 56 06 20 MARINE LEGAL LIABILITY COVERAGE CG D8 57 06 20 DEFENSE EXPENSES LIMIT-INCLUDED WITHIN THE GENERAL AGGREGATE LIMIT AND THE PRODUCTS-COMPLETED OPERATIONS AGGREG CG D8 59 08 20 AMENDMENT - POLLUTION EXCLUSION - INCLUDING EXCEPTION FOR SUDDEN AND ACCIDENTAL POLLUTION INCIDENTS IL T8 01 10 93 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 11 - Who Is An Insured, d. Primary And Non-Contributory Insurance except when Paragraph d. If Required By Written Contract below applies. If you specifically agree in a written (b) Any of the other insurance, contract or agreement that the whether primary, excess, Insurance afforded to an Insured contingent or on any other under this Coverage Part must apply basis, that Is available to the on a primary basis, or a primary and Insured when the Insured is an non-contributory basis, this Insurance additional Insured, or is any is primary to other Insurance that Is other Insured that does not available to such Insured which qualify as a named Insured, covers such Insured as a named under such other Insurance. Insured, and we will not share with (2) When this insurance is excess, we that other Insurance, provided that: will have no duty under Coverages (1) The "bodily Injury" or "property A or B to defend the Insured damage" for which coverage Is against any "suit" if any other sought occurs; and Insurer has a duty to defend the (2) The "personal and advertising Insured against that "suit". If no Injury" for which coverage is other Insurer defends, we will sought Is caused by an offense undertake to do so, but we will that is committed; be entitled to the Insured's rights against all those other Insurers, subsequent to the signing of that (3) When this Insurance is excess contract or agreement by you. over other Insurance, we will pay 5. Premium Audit only our share of the amount of the loss, If any, that exceeds the a. We will compute all premiums for this sum of: Coverage Part In accordance with our rules and rates. (a) The total amount that all such other insurance would pay for b. Premium shown In this Coverage Part the loss In the absence of this as advance premium Is a deposit Insurance; and premium only. At the close of each audit period we will compute the (b) The total of all deductible and earned premium for that period and self-insured amounts under all send notice to the first Named that other Insurance. Insured. The due date for audit and (4) We will share the remaining loss, retrospective premiums Is the date Of any, with any other Insurance shown as the due date on the bill. if that Is not described in this the sum of the advance and audit Excess Insurance provision and premiums paid for the policy period was not bought specifically to Is greater than the earned premium, apply in excess of the Limits we will return the excess to the first of Insurance shown in the Named Insured. Declarations of this Coverage Part. c. The first Named Insured must keep c. Method Of Sharing records of the Information we need for premium computation, and send If all of the other insurance permits us copies at such times as we may contribution by equal shares, we will request. follow this method also. Under this 6. Representations approach each Insurer contributes equal amounts until It has paid Its By accepting this policy, you agree: applicable limit of Insurance or none of the loss remains, whichever comes a. The statements in the Declarations first. are accurst® and complete; If any of the other insurance does b. Those statements are based upon not permit contribution by equal representations you made to us, and shares, we will contribute by limits. c. We have issued this policy in reliance Under this method, each insurer's upon your representations. share is based on the ratio of Its applicable limit of insurance to the total applicable limits of Insurance of all Insurers. CG T1 00 02 1$ O 2017 The Travelers Indemnity Company.All rights reserved. Page 17 of 23 Includes copyrighted materiel of Insurance Services Office,Ino,with Its permission. ' .• City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 - (714) 536-5227 ♦ www.huntingtonbeachca.gov r � FB-I7,{.1999 Office of the City Clerk Robin Estanislau, City Clerk July 25, 2022 Willard Marine, Inc. Attn: Justin Law 1250 North Grove Street Anaheim, CA 92806 Dear Mr. Law: Enclosed is a fully executed copy of the Service Agreement between the City of Huntington Beach and Willard Marine, Inc. for an Ocean/Sun`Rescue Boat approved by City Council on July 5, 2022. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand