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HomeMy WebLinkAboutJamison Engineering Contractors, Inc. - 2022-09-21 (2) AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMISON ENGINEERING CONTRACTORS, INC, FOR ON-CALL EMERGENCY MECHANICAL CONSTRUCTION AND MAINTENANCE/REPAIR SERVICES 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 JAMISON ENGINEERING, INC, a California Corporation, hereinafter referred to as"Contractor." WHEREAS, City and Consultant are parties to that certain agreement, dated September 21, 2022, entitled "Service Agreement Between the City of Huntington Beach and Jamison Engineering Contractors, Inc. for On-Call Emergency Mechanical Construction and Maintenance/Repair Services" which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Contractor at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Contractor an additional sum not to exceed Three Hundred Seventy Five Thousand Dollars ($375,000.00). The additional sum shall be added to the original sum of Two Hundred Twenty Five Thousand Dollars ($225,000.00), for a new contract amount not to exceed Six Hundred Thousand Dollars ($600,000.00). 23-13303/317314 1 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on September 21 , 2023. JAMISON ENGINEERING CITY OF HUNTINGTON BEACH, a CONTRAC , INC. municipal corporation of the State of California By: ( 0✓� print name Mayor ITS: (circle one)Chairma residen Vice President / — le144,140 AND City Cler Recei a and File 1/24,72Ai;-- By: VQ3 JD ; i • > D APPROVED: 1.fir» y J3b1i, Iprint ame11110> 2___ ITS: (circle one CiEltD, hief Financial Officer/Asst.Secretary- reasurer Director of 'ub is Works APPROV r • i : ade C. Attorney REVIEWED AND APPR ED: City ag 23-13303/317314 2 EXHIBIT B Jamison Engineering Contractors, Inc. twig2525 S.Yale Street, Santa Ana,CA 92704 (714)434-9196 Fax: (714)434-3762 Rate Sheets Rates are effective for 7/01/2023-6/3 0/2024 ST OT DT Craft/Laborer 96.00 121.00 147.00 Craft/Leadsmen 106.00 132.50 168.50 Craft/Foremen 127.00 164.50 209.00 Supervisor 154.00 175.50 221.00 Project Manager 185.00 207.00 252.00 Crane Operator 137.00 164.00 199.50 Welder Fabricator 180.00 207.00 253.50 Consultant 250.00 Administration 95.00/hr. Travel 35.00/hr. EQUIPMENT RATES: Hourly Crane 154.50 Combo Tool Truck 74.00 Mechanic's Truck 89.00 Stake bed Truck 54.00 Dump Truck 100.00 Utility Truck(Pick up) 43.50 Confined Space Entry Equipment/SCBA 96.50 Trailer Mounted Manhole Blower 82.50 Water(Buffalo) Trailer 43.00 3000 PSI Pressure Washer 17.50 Trailer Mounted Compressor w/ 51.50 30 & 90 lb. Jackhammers Welding Trailer 44.00 26 KV Generator 38.50 4"Pump: Submersible 38.50 6"Pump: Submersible 48.50 4"Discharge Hose 20.00/50 ft. Minimum 6"Discharge Hose 40.00/50 ft. Minimum 2" submersible Pump (electric) 15.50 1-1/2"x 50' Flood Hose 19.50 Garden Hose Pump 2.25 Diaphragm Pump 14.50 Concrete Saw (walk behind) 44.50 Chain Saw 18.50 Gas Power Cut-Off Demo Saw 19.50 Chop Saw 50.50 Vibe-Plate 21.00 Rotor Hammer 15.00 Wacker 23.00 Power Puff 20.00 Generator-small 15.00 Transit 92.00 Grade Level Laser 25.00 Laser Level 74.00 Line Unit 159.00 Minimum Extension Ladder(14'-36') 23.00 Minimum Cement Mixer 19.00 Porta Power 10.00 Pole Hole Auger 17.50 24'-Self Contained Confined Space/ Office Trailer& (with TV monitor) 232.00 4 hr. Minimum Car&Enclosed Utility Trailers 67.00 Office Trailer 26.00 4 hr. Minimum Magnetic Base Drill 12.50 Core Drill W/ 1 Bit 24.00 Fire Monitor 14.50 Canopy/EZ-Up 46.50 Minimum 6" GAS FLAP 103.00 8" Gas Flap 129.00 10" GAS FLAP 132.00 12" Gas Flap 134.00 18" Gas Flap 144.00 Scaffolding (Yellow) Daily Rate $155.00 Coveralls 9.50 Each Gloves 2.25 Each pair Trailer Mounted Port a Potty 52.00 Daily: Minimum ALL JOBS ARE A 4 HOUR MINIMUM Lodging and Per diem: current GSA rates All Materials, Rentals, Outside Services, Fuel, Permits, Licenses and Bonds will be billed Cost + 15%. NOTE: Rates DO NOT include travel charges, delivery charges, fuel charges or environmental charges. EXHIBIT B Jamison Engineering Contractors, Inc. trig2525 S.Yale Street, Santa Ana,CA 92704 (714)434-9196 Fax: (714)434-3762 Rate Sheets Rates are effective for 7/01/2024-6/30/2025 ST OT DT Craft/Laborer 99.00 125.25 152.75 Craft/Leadsmen 109.00 137.25 174.75 Craft/Foremen 131.00 170.25 216.50 Supervisor 158.00 182.50 230.25 Project Manager 191.00 215.25 263.00 Crane Operator 141.00 170.00 207.50 Welder Fabricator 185.00 215.00 264.25 Consultant 250.00 Administration 97.75/hr. Travel 35.00/hr. EQUIPMENT RATES: Hourly Crane 159.00 Combo Tool Truck 76.00 Mechanic's Truck 92.00 Stake bed Truck 55.50 Dump Truck 103.00 Utility Truck(Pick up) 44.50 Confined Space Entry Equipment/SCBA 99.00 Trailer Mounted Manhole Blower 85.00 Water(Buffalo) Trailer 44.00 3000 PSI Pressure Washer 18.00 Trailer Mounted Compressor w/ 53.50 30 & 90 lb. Jackhammers Welding Trailer 45.00 26 KV Generator 39.50 4"Pump: Submersible 39.50 6"Pump: Submersible 50.00 4"Discharge Hose 21.00/50 ft. Minimum 6"Discharge Hose 41.50/50 ft. Minimum 2" submersible Pump (electric) 16.00 1-1/2"x 50' Flood Hose 20.00 Garden Hose Pump 2.50 Diaphragm Pump 15.00 Concrete Saw (walk behind) 45.75 Chain Saw 19.00 Gas Power Cut-Off Demo Saw 20.00 Chop Saw 52.00 Vibe-Plate 21.50 Rotor Hammer 15.50 Wacker 24.00 Power Puff 21.00 Generator-small 16.00 Transit 94.75 Grade Level Laser 25.75 Laser Level. 76.25 Line Unit 164.00 Minimum Extension Ladder(14'-36') 24.00 Minimum Cement Mixer 19.50 Porta Power 10.50 Pole Hole Auger 18.00 24'-Self Contained Confined Space/ Office Trailer& (with TV monitor) 239.00 4 hr. Minimum Car&Enclosed Utility Trailers 69.00 Office Trailer 26.75 4 hr. Minimum Magnetic Base Drill 13.00 Core Drill W/ 1 Bit 25.00 Fire Monitor 15.00 Canopy/EZ-Up 47.50 Minimum 6" GAS FLAP 106.00 8" Gas Flap 133.00 10" GAS FLAP 136.00 12" Gas Flap 138.00 18"Gas Flap 148.00 Scaffolding(Yellow) 160.00 Daily Rate Coveralls 9.75 Each Gloves 2.50 Each pair Trailer Mounted Port a Potty 53.50 Daily: Minimum ALL JOBS ARE A 4 HOUR MINIMUM Lodging and Per diem: current GSA rates All Materials, Rentals, Outside Services, Fuel, Permits, Licenses and Bonds will be billed Cost+ 15%. NOTE: Rates DO NOT include travel charges, delivery charges, fuel charges or environmental charges. /c'Ai �-, JAMIENG-01 SGONZALEZ •A.----- CERTIFICATE OF LIABILITY INSURANCE DATE(MM)DDIYYYY) ' 3/22(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 License#0757776 CONTACT Gail Schrenk NAME: HUB International Insurance Services Inc. PHONE,Exl};(951)779-8763 1 FAX 951 231-2572 PO Box 5345 A)c,No):( ) Riverside,CA 92517 ADDRESS:cal.cpu@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC INSURER A:Landmark American Insurance Company 33138 INSURED INSURER a:West American Insurance Co 44393 Jamison Engineering Contractors,Inc. INSURERC:RSUI Indemnity Company 22314 2525 S.Yale St. INSURER D:Slate Compensation insurance Fund of California 35076 Santa Ana,CA 92704 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBRI POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD _ POLICY NUMBER (MM)DDIYYYY1 iMMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY I I EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR LHA113784 3/21/2023 3/21/2024 DAMAGETORENTED 50,000 X }( PREMISES(E.occurrttnce} $ ___.� X BIiPD Ded:$2,500 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 _ POLICY X jE9 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B COMBINED SINGLE LIMIT 1,000,000 AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO X BAW56573285 3121/2023 3/2112024 BODILY INJURY(Per person}_ $ OWNED SCHEDULED AUTOSOE ONLY AUTOS Ep pBRRODILY INJURY(Per acddant) Si X AJRTOS ONLY X AUTOS ONLY (Per acclld,Ymir AGE x Comp&Coll X Ded$1,000 $ C UMBRELLALIAB X OCCUR EACH OCCURRENCE s 5,000,000 X EXCESSLIAB CLAIMS-MADE NHA101509 3/21/2023 3/21/2024 AGGREGATE $ 5,000,000 DED X RETENTIONS 0 $ D WORKERS COMPENSATION X STATUTE 1 W- AND EMPLOYERS'LIABILITY Y/N 90374962023 1/1/2023 1/1/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ FFICEWMEMg��EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Excess Liability Policy following underlying policies:GL,Auto,WC Only The City of Huntington Beach,its Officers,elected or appointed officials,employees,agents and volunteers are Additional insured in regards to the General Liability policy per the attached endorsement form.Coverage is Primary&Non—Contributory with regard to the General Liability policy,when required by written contract,per the attached endorsement form CG2001 12119.Waiver of Subrogation In regards to the General Llablll n ggA� [[�� ten contract per the attached endorsement RSG1404B 10/06.Additional Insured in regards to the Auto Liability policy Elllidi?R3 �`a7ri thfl c t t per the attached endorsement AC8543 08/21. B : CERTIFICATE HOLDER CANCELLATION MiCHAE ATES U CITY ATTOHt'IEAY C��+� `I SHOULD ANY OF THE ABOVE D i tiro PtiJitdiE a GY(Nti�'CEIYBEFORE `� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE I - ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED - PRIMARY AND YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: fthe City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers I ;Risk Management Department '2000 Main Street 'Huntington Beach,CA 92648 '• (If no entry appears above, information required to complete this endorsement will be shown on the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and/or "your work" defined for the additional insured(s) designated above included in the"products-completed operations hazard". B. If you are required by a written contract or by issuance or existence of written permit, to provide primary insurance, this policy shall be primary and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 3/21/2023 forms part of Policy Number LHA113784 issued to JAMISON ENGINEERING CONTRACTORS, INC. Oy Landmark American Insurance Company MANUSCRIPT Policy Number: LHA113784 COMMERCIAL GENERAL LIABILITY CO20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to SECTION IV—CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product"or"your work" done under a written contract with that person or organization and included in the "product-completed operations hazard". This waiver applies only to the person or organization shown in the SCHEDULE above. This endorsement effective 3/21/2023 forms part of Policy Number LHA113784 issued to JAMISON ENGINEERING CONTRACTORS, INC. by Landmark American Insurance Company RSG 14048 1008 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission. COMMERCIAL AUTO AC 85 43 08 21 THIS.ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA; BUSINESS ..AUT.O•'`COVERAGE ENHANCEMENT; ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect'to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. if the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged In that specified state, COVERAGE INDEX - SUBJECT PROVISION NUMBER s ACCIDENTAL AIRBAG DEPLOYMENT 12 - ADDITIONAL'°INSURED)BY'CONTRACT,'.AGREEMENT'OR.PERM1T 3 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE-BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 16 HIRED AUTO COVERAGE TERRITORY 22 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN I LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 13 PRIMARY AND.,NON-.CONTRIBUTORY'-WRITTEN CONTRACT'ORWRITTEN-AGREEMENT., 23 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 18 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19 WAIVER OF TRANSFER.OF RIGHTS;OF:RECOVERY AGAINST';OTHERS TO US 21 SECTION II-LIABILITY COVERAGE is amended as follows: v 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days.from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. © 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 7 Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. ' 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL-INSURED'BY CONTRACT, AGREEMENT.OR.PERMIT- SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured". However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or"property damage" caused by an"accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 23,this policy is excess over any other collectible insurance. 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations )required because of an "accident" we cover. We do not have 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. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION It - LIABILITY, Exclusion 8.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of"loss". This coverage is excess over any other collectible insurance. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": © 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 7 a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. s✓ c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of"loss". $ 7. TOWING AND LABOR SECTION Ill - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a, For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended to provide a limit of$50 per day and a maximum limit of$1,500. 9. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE,A.Coverage,is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or"loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. © 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 7 d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III-PHYSICAL DAMAGE COVERAGE,A.Coverage,is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE,B.Exclusions is amended by adding the following: if you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III -PHYSICAL DAMAGE COVERAGE,D. Deductible ,is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" - caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ili - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. Is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". if the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. © 2021 Liberty Mutual Insurance AC 86 43 08 21 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 7 • • • 15. LOAN I LEASE GAP COVERAGE(Not Applicable In New York) A. Paragraph. C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a"total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Incur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a"Balloon Loan"; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i. Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". C. SECTION V-DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a"loss" in which the cost of repairs plus the salvage value exceeds the actual cash value, A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 16. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 17. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is; a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. © 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 7 + S The"loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 18. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible : a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS ,Paragraph B.2. is amended by adding the following: if you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of"accident", claim, "suit" or'loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: a (a) How, when and where the "accident" or"loss" took place; (b) The "insured's" name and address; and (c) The names and addresses of any Injured persons and witnesses. x 21. WAIVER.OF TRANSFER.OF:RIGHTS?OE RECOVERY•AGAINST OTHERS.TO,US SECTION IV -BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us,Is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or. "loss", our rights are waived also. 22. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition of the following; f. For"autos" hired 30 days or less, the coverage territory is anywhere in.the world, provided that the "Insured's" responsibility to pay for damages is determined in a"suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. O 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 6 of 7 • This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED'BY-WRITTEN CONTRACT OR:WRITTEN •AGREE= MENT The following is added to SECTION IV-BUSINESS AUTO CONDITIONS, General Conditions, B.S. Other Insurance and supersedes any provision to the contrary: This Coverage Forms- Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an"insured" under your policy provided that: 1. Such "Insured" is a Named insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". ---- SECTION V-DEFINITIONS is amended as follows: 24. BODILY INJURY REDEFINED Under SECTION V-DEFINITIONS ,Definition C.is replaced by the following: "Bodily injury" means physical Injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. s CI a a Q 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 7 of 7 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMISON ENGINEERING CONTRACTORS, INC. FOR ON-CALL EMERGENCY MECHANICAL CONSTRUCTION AND MAINTENANCE/REPAIR SERVICES 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 Jamison Engineering Contractors, 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 emergency, immediate response mechanical construction and maintenance/repair services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor entered into an Agreement with the Moulton Niguel Water District on or about April 2, 2020, referred to as the "Agreement for On-Call Emergency Mechanical Construction and Maintenance/Repair Services between Moulton Niguel Water District and Jamison Engineering Contractors, Inc., Contract No. OM19-20.059b". City desires to "piggyback" on the City of Palos Verdes Estates' Contract pursuant to HBMC Section 3.02.190(C)(2), and unless otherwise noted, contained in this Agreement, or in conflict with this Agreement, the Parties wish to be bound by the same terms and conditions as the Moulton Niguel Water District. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. 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." 22-11742/289341 1 Contractor hereby designates Jeff Petty, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Seventy-Five Thousand Dollars ($75,000) per year for any one year during the term of this Agreement, with a three (3) year aggregate total not to exceed amount of Two Hundred Twenty Five Thousand Dollars ($225,000). b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence "I�f z or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra 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. 22-11742/289341 2 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. 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. 22-11742/289341 3 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. 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 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 22-11742/289341 4 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, 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. 22-11742/289341 5 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 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: 22-11742/289341 6 To City: Contractor: City of Huntington Beach Jamison Engineering Contractors, Inc. Attn: Denny Bacon Attn: Andrew Jamison 2000 Main Street 2525 S. Yale Street Huntington Beach, CA 92648 Santa Ana, CA 92704 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 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. 22-11742/289341 7 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. 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. 22-11742/289341 8 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 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. 22-11742/289341 9 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. 22-11742/289341 10 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 JAMISON ENGINEERING CONTRACTORS, s INC., State of California` By: U a ' Vf 7) AT14 Mayor A� vw so v� Print name Q ITS: circle one) Chairman/President/ 7i6� ice Presi ent City Clerk �►�L2��.22 D By: INITIATED AND APPROV P int name ITS: cir( ne) Secretar=Financial Officer/ sst. Secretary-Treasurer Director of Publi ks APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: .City Manager 22-11742/289341 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) As-Needed Mechanical Construction, Repairs and Maintenance upon request by the City's Wastewater Section of Public Works. Such work includes maintenance and repairs on the City's sewer lift stations, piping, catch basins and other wastewater and storm drain facilities. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 22-11742/289341 12 EXHBIT B Jam, isson Engineering Contractors, Inc. 2525 S. Yale Street,Santa Ana, CA 92704 (714)434-9196 Fax: (714)434-3762 RATESHEETS .dates arg effective far. 7/01/2022---6/30/2025' ST OT DT Craft/Laborer 93.00 118.00 141.50 Craft/Leadsmen 103.00 128.00 161.50 Craft/Foremen 123.00 159.00 202.00 Supervisor 150.00 169.00 212.00 Project Manayer 180.00 199.00 242.00 Crane Operator 133.00 158.00 191.50 Welder Fabricator 175.00 200.00 243.00 Consultant 250.00 Administration 95.00/hr. Travel 3 5.00/hr. EQUIPMENT RATES: Hourly Crane 150.00 Combo Tool Truck 72.00 Mechanic's Truck 87.00 Ford Stake bed Truck 52.00 Dump Truck 97.00 Utility Truck(Pick up) 42.00 Confined Space Entry Equipment/SCBA 94.00 Trailer Mounted Manhole Blower 80.00 Water (Buffalo) Trailer 42.00 Trailer Mounted Compressor w/ 50.00 30 & 90 lb. Jackhammers Welding Trailer 42.00 26 KV Generator 37.00 4" Pump: Submersible 37.00 6"Pump: Submersible 48.00 4"Discharge Hose 20.00/50 ft. Minimum 6" Discharge Hose 40.00/50 ft. Minimum 2" submersible Pump (electric) 15.00 1-1/2" x 50' Flood Hose 19.00 Garden Hose Pump 2.00 Diaphragm Pump 14.00 Concrete Saw (walk behind) 43.00 Chain Saw 18.00 Gas Power Cut-Off Demo Saw 19.00 Chop Saw 49.00 Vibe-Plate 20.00 Rotor Hammer 14.00 Wacker 22.00 Power Puff 19.00 Generator-small 14.00 Transit 89.00 Grade Level Laser 24.00 Laser Level 72.00 Line Unit 154.00 Minimum Extension Ladder 22.00 (14'-36') Minimum Cement Mixer 18.00 Porta Power 9.00 Pole Hole Auger 17.00 24'-Self Contained Confined Space/ Office Trailer& (with TV monitor) 225.00 4 hr. Minimum Car&Enclosed Utility Trailers 65.00 Office Trailer 25.00 4 hr, Minimum Magnetic Base Drill 12.00 Core Drill W/ 1 Bit 23.00 Fire Monitor 14.00 Canopy/EZ-Up 45.00 Minimum 6" GAS FLAP 100.00 8" Gas Flap 125.00 10" GAS FLAP 128.00 12" Gas Flap 130.00 18" Gas Flap 140.00 Scaffolding (Yellow) Daily Rate $150.00 Hourly $18.75 Coveralls 9.00 Each Gloves 2.00 Each pair Trailer Mounted Port a Potty 50,00 Daily: Minimum ALL, JOBS ARE A 4 HOUR MINIMUM. Lodging and Perdium: current GSA rates All Materials, Rentals, Outside Services, Fuel, Permits, and Licenses will be Cost + 15%. NOTE: Rates DO NOT include travel charges, delivery charges, fuel charges or environmental charges. EXHBIT B Jamison Engineering Contractors, Inc. 2525 S. Yale Street,Santa Ana, CA 92704 (714)434-9196 Fax: (714)434-3762 RATESHEETS Rags are �ffety�fir 7/01/2022 -6/30/2023 ST OT DT Craft/Laborer 93.00 118.00 141.50 Craft/Leadsmen 103.00 128.00 161.50 Craft/Foremen 123.00 159.00 202.00 Supervisor 150.00 169.00 212.00 Proiect Manner 180.00 199.00 242.00 Crane Operator 133.00 158.00 191.50 Welder Fabricator 175.00 200.00 243.00 Consultant 250.00 Administration 95.00/hr. Travel 3 5.00/hr. _EQUIPMENT RATES: Hourly Crane 150.00 Combo Tool Truck 72.00 Mechanic's Truck 87.00 Ford Stake bed Truck 52.00 Dump Truck 97.00 Utility Truck(Pick up) 42.00 Confined Space Entry Equipment/SCBA 94.00 Trailer Mounted Manhole Blower 80.00 Water (Buffalo)Trailer 42.00 Trailer Mounted Compressor w/ 50.00 30 & 90 lb. Jackhammers Welding Trailer 42.00 26 KV Generator 37.00 4"Pump: Submersible 37.00 6" Pump: Submersible 48.00 4"Discharge Hose 20.00/50 ft. Minimum 6" Discharge Hose 40.00/50 ft. Minimum 2" submersible Pump (electric) 15.00 1-1/2" x 50' Flood Hose 19.00 Garden Hose Pump 2.00 Diaphragm Pump 14.00 Concrete Saw (walk behind) 43.00 Chain Saw 18.00 Gas Power Cut-Off Demo Saw 19.00 Chop Saw 49.00 Vibe-Plate 20.00 Rotor Hammer 14.00 Wacker 22.00 Power Puff 19.00 Generator-small 14.00 Transit 89.00 Grade Level Laser 24.00 Laser Level 72.00 Line Unit 154.00 Minimum Extension Ladder 22.00 (14'-36') Minimum Cement Mixer 18.00 Porta Power 9.00 Pole Hole Auger 17.00 24'-Self Contained Confined Space/ Office Trailer& (with TV monitor) 225.00 4 hr. Minimum Car& Enclosed Utility Trailers 65.00 Office Trailer 25.00 4 hr. Minimum Magnetic Base Drill 12.00 Core Drill W/ 1 Bit 23.00 Fire Monitor 14.00 Canopy/EZ-Up 45.00 Minimum 6" GAS FLAP 100.00 8" Gas Flap 125.00 10" GAS FLAP 128.00 12" Gas Flap 130.00 18" Gas Flap 140.00 Scaffolding (Yellow) Daily Rate $150.00 Hourly $18.75 Coveralls 9.00 Each Gloves 2.00 Each pair Trailer Mounted Port a Potty 50.00 Daily: Minimum ALL, JOBS ARE A 4 HOUR MINIMUM Lodging and Perdium: current GSA rates All Materials, Rentals, Outside Services, Fuel, Permits, and Licenses will be Cost + 15%. NOTE: Rates DO NOT include travel charges, delivery charges, fuel charges or environmental charges. INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested: Risk Management 2. Date: August 30, 2022 3. Name of contractor/permittee: Jamison Engineerin.1 Contractors, Inc. 4. Description of work to be performed: On-Call Emergency Mechanical Construction and Maintenance/Repair Services. 5. Value and length of contract: $225,000 3 Years 6. Waiver/modification request: General Liability Deductible 7. Reason for request and why it should be granted: Per Contract It States No Deductible Allowed. 8. Identify the risks to the City in approving this waiver/modification: Low Department Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Offi a disagree. 1. Ris Management Approved ❑ Denied _A4 Signa re Date 2. City Attorney's Office Approved ❑ Denied ` 9-611 Z2' Signature Date 3. City Manager's Office ❑ Approved ❑ Deni d Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Waiver Form-Vianate 8/30/2022 11:07:00 AM JAMIENG-09 PRAVI ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 8122/2022 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(tes)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 endorsements. PRODUCER License 0757778 fim.CT Gall Schrenk HUB International Insurance Services Inc. PHONE FAX PO Box 5345 Atc,Na E:1; 951 779-8763 Atc,No: 951 231-2572 Riverside,CA 92517 Cal.CPU@Hubinternational.com INSURER(Sl AFFORDING COVERAGE NAIC S wsumg A 4 Landmark American Insurance Company 33138 INSURED iNaugag aMest American Insurance Co 44393 Jamison Engineering Contractors Inc. INSURER C:RSUI Indemnity Company 22314 2525 S.Yale St. INSURER D•State Compensation Insurance Fund of California 35076 Santa Ana,CA 02104 INSURER E:Columbia Casualty Company 31127 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 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. INBR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POUCY EXP LIMITS LTRA X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE1,000,000 CLAIMS-MADE [X]OCCUR X LHA141851 312112022 3121/2023 DARE,MAAltGET RENTED a 50,000 'ES IFa X BIIPD Dad:$2,500 MED EXP one n 5,000 PERSON &ADV INJURY 1,000,000 G KL AGGREGATE�L�IMpIT.AP IES PER: GENERAL AGG EOA 2,000,000 POLICY JEL`T LOC pRODUCTS-COM /O GG S 2,000,000 COMBINED SINGLE LIMIT 1�000�000 B AUTOMOBILE LIABILITY X ANY AUTO X BAW56573285 312112022 3/21/2023 BODILY INJURY Per (am OWNED ONLY AUTOS OWN SCH Ep BODILY NJURY Per acdden XX AUTOS ONLY X AUTONNLY Per�accklen AMAGE Comp a Cot X Dad St,DW C UMBRELLA LIAR X OCCUR EACH OCCURRENCE 6,000,000 X EXCE89LIAB CLAIMS-MADE NHA263427 3/21/2022 3121/2023 AGGREGATE 500000000 DED I X I RETENTIONS D WORKERS COMPENSATION X PER OTH AND EMPLOVERS'LIABILITY VV//N 003749622 11112022 1/1I2023 1,000,000 ANYCPERROlPRIIETgOERRIPARTNERIEXECUTIVE LJ X E.L.EACH ACCIDENT FJe1JgrM In NH)EXCLUDED9 (_f NIA . .DISEA - E 1,000,000 Uea deauibe under 1,000,000 R PTION OF;OPERATIONS below E.L.DISEASE-POLICY LIMIT E E$O Llab SIR:$6,000 CE06067126128 3/21/2022 3/2112023 Ea Incident&Agg 2,000,000 DESCRIPTION xcess L ability Policy following underlying poli(ACORD ies GL Additlorml WC Only Schedule,maybe alleohad II more apace Is raquked) City of Huntington Beach,Its officers,elected or appointed officials,employees agents,and volunteers are Additional Insured with regard to General Liability when required by written contract per the attached endorsement form CG2033 04113 and CO2037 04/13,Additional Insured with regard to Auto Liability when required by written contract per the attached endorsement form AC8543 06/18.Waiver of Subrogation with regard to Workers Compensation applies when required by written contract per the attached endorsement form 2572. SEE ATTACHED ACORD 101 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 Huntington Beach,CA 92048 AUTHORIZED REPRESENTATIVE `XL4— ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r ! LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED - PRIMARY AND YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM � SCHEDULE Name of Person or Organization: iThe City of Huntington Beach, its officers, elected or appointed officials, ;employees, agents and volunteers !Risk Management Department 12000 Main Street I Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown on the Declarations as applicable to this endorsement.) A. SECTION 11 - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and/or "your work" defined for the additional insured(s) designated above included in the"products-completed operations hazard". B. If you are required by a written contract or by issuance or existence of written permit, to provide primary insurance, this policy shall be primary and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS,4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 3/21/2022 forms part of Policy Number LHA141851 issued to JAMISON ENGINEERING CONTRACTORS, INC. by Landmark American Insurance Company MANUSCRIPT Policy Number: LHA141851 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 The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 0 Insurance Services Office, Inc.,2018 Page 1 of 1 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to SECTION IV—CONDITIONS, B.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product"or"your work" done under a written contract with that person or organization and included in the "product-completed operations hazard". This waiver applies only to the person or organization shown in the SCHEDULE above. This endorsement effective 3/21/2022 forms part of Policy Number LHA141851 issued to JAMISON ENGINEERING CONTRACTORS, INC. by Landmark American Insurance Company RSG 14048 1008 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission. POLICY NUMBER: LHA141861 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these Include as an additional insured any person or additional Insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage" or "personal added as an additional Insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or Injury", "property damage" or "personal and surveying services, including: advertising injury"caused, in whole or In part, by: a. The preparing, approving, or failing to 1. Your acts or omissions;or prepare or approve, maps, shop drawings, on our opinions, reports, surveys, field orders, 2. The acts or omissions of those acting y change orders or drawings and behalf; specifications;or in the performance of your ongoing operations for b. Supervisory, Inspection, architectural or the additional insured. . engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional Insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; in the supervision, hiring, employment, training or and monitoring of others by that insured, if the 2. Will not be broader than that which you are "occurrence" which caused the "bodily Injury" or required by the contract at agreement to "property damage", or the offense which caused provide for such additional Insured, the "personal and advertising injury", involved the rendering of or the failure to render any A person's or organization's status as an professional architectural, engineering or additional Insured under this endorsement ends surveying services. when your operations for that additional Insured are completed, CG 20 33 0413 O Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: LHA141851 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON(S) OR ORGANIZATION(S) REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND AS PER PARAGRAPHS A.AND B. BELOW 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. If coverage provided to the additional insured is Include as an additional Insured the person(s)or required by a contract or agreement, the organization(s) shown in the Schedule, but only Insurance afforded to such additional insured will with respect to liability for "bodily injury" or not be broader than that which you are required "property damage"caused, in whole or in part,by by the contract or agreement to provide for such "your work" at the location designated and additional insured. described In the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and CG 20 37 0413 ©ISO Properties, Inc., 2004 Page 1 of 2 ❑ COMMERCIAL AUTO AC 85 43 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM ® With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified ®—� by the endorsement. If the policy to which this endorsement Is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. i� COVERAGE INDEX SUBJECT PROVISION NUMBER ammu .®� — ACCIDENTAL AIRBAG DEPLOYMENT 12 s ADDITIONAL INSURED BY CONTRACT,'AGREEMENT OR PERMIT 3 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE- BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 16 HIRED AUTO COVERAGE TERRITORY 22 HIRED AUTO PHYSICAL DAMAGE (including Employee Hired Auto) 6 LOAN /LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 9 TWO OR MORE DEDUCTIBLES 1 B V UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVER.YAGAINST OTHERS TO US 21 SECTION II -LIABILITY COVERAGE Is amended as follows: 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Is amended to Include the following as an 'insured": d. Any legally Incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, 'Insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an 'Insured" under any other automobile policy except a policy written specificail y to apply In excess of this policy; or (3) Has exhausted Its Limit of Insurance or had Its policy terminated under any other automobile policy. ® 2018 Uberty Mutual Insurance AC 85 43 06 18 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 7 a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement In that "employee's" name, but only If the damage occurs while the vehicle Is being used In the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" Is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen properly as of the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide ® coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the BMW hired "auto" if it results from an "accident", you are legally liable and the lessor Incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that Is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension Is excess over any other collectible Insurance available at the time of"loss". 7. TOWING AND LABOR SECTION ill - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "'auto" classified and rated as a private passenger type, "light truck" or"medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For"light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks", we will pay up to $160 per disablement, "Medium trucks" are trucks that have a gross vehicle weight (GVW)of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE s s Paragraph AA.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended to provide a limit of$50 per day and a maximum limit of$1,500. 9. RENTAL REIMBURSEMENT s SECTION III -PHYSICAL DAMAGE COVERAGE,A.Coverage,Is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses Incurred after the first 24 hours following the "accident" or"loss" to the covered "auto," b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which In many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. © 2018 Liberty Mutual Insurance AC 85 43 06 18 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 3 of 7 15. LOAN /LEASE GAP COVERAGE(Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a"total loss" to a covered "auto" owned by or leased to you In any one "accident" Is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "foss'; l--- b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a"Balloon Loan"; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; 1. Any amount representing taxes; J. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable In Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that Incurred the 'loss". C. SECTION V-DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the s term of the loan, thereby requiring a large final payment. s 16. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition g of the following: No deductible applies to glass damage If the glass is repaired rather than replaced. 17. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "Insured"; b. Legally parked; and c. Unoccupied. ® 2018 Liberty Mutual Insurance AC 85 43 06 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 7 This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE MENT The following is added to SECTION IV -BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other Insurance available to an "Insured" under your policy provided that: I 1. Such "Insured" Is a Named Insured under such other Insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "Insured". ® SECTION V-DEFINITIONS is amended as follows: Q 24. BODILY INJURY REDEFINED Under SECTION V-DEFINITIONS ,Definition C. is replaced by the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person, Including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. a_ e m ® 2018 Liberty Mutual Insurance AC 85 43 06 18 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission, Page 7 of 7