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HomeMy WebLinkAboutHuntington Beach Transmission, Inc. - 2022-11-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH TRANSMISSION, INC. FOR FLEET VEHICLE REPAIR & MAINTENANCE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called"City," and Huntington Beach Transmission, 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 fleet vehicle repair and maintenance services. 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 Adrian Ciejka, 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. 22-11981/294206 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 Hundred Thousand Dollars ($100,000.00) per year for any one year during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works Maintenance Operations annual not to exceed amount. 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 November 1, 2022, or as soon as practicable after the execution of this Agreement by City(the "Commencement Date") and terminate five (5) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional two-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 that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 22-11981/294206 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the 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, 22-11981/294206 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed 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. 22-11981/294206 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of 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. 22-11981/294206 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 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 Huntington Beach Transmission, Inc. Attn: Director of Public Works Attn: Adrian Ciejka 2000 Main Street 18451 Repair Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22-11981/294206 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 22-11981/294206 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22-11981/294206 8 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. 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. 22-11981/294206 9 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 HUNTINGTON BEACH TRANSMISSION, INC. municipal corporation of the State of California By: ' Mayor _ i2R-1 a r<N Print name I . (circle one)Chairman/President/ Vice President ( tiillt/ 9A/ania4U) City Clerk illg/22 AND By: INITIATED AND APPROVED: Print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of P or s APPROVED AS 'ORM: . 6e,a: P City Attorney R IE AND A ROVED: M nager 22-11981/294206 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Vehicle Repair and Maintenance Services as well as Shop/Equipment Installation, Repair and Maintenance Services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: A. Vehicle Repair and Maintenance Services 1. Body collision repair services (brakes, engine, frame, suspension, etc.) 2. CNG vehicle tank inspections 3. Diagnosis 4. Dent and Bodywork 5. Glass Replacement 6. Transmission 7. Warranty inspections and repairs 8. Window Tint 9. Wheel alignment B. Shop/Equipment Installation, Repair and Maintenance Services 1. Shop equipment services (hose reels/shop machinery installation, repair and maintenance, etc.) 2. In-ground and above-ground vehicle lift installation, repair and maintenance 3. Materials removal (waste oil, waste coolant, filters, etc.) 4. Overhead crane installation, repair and maintenance 5. Uniform service 22-11981/294206 11 EXHIBIT `B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Hourly Rate$160.00 per hour Materials Markup: 20% B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in 22-11981/294206 12 writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 22-11981/294206 13 ____.........1 HUNTBEA-01 GOETZC AcoRv CERTIFICATE OF LIABILITY INSURANCE DA10/7/2022) � 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 pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License#0E67768 NAoTA,cr Almie Valdez IOA Insurance Services PHONE FAX 130 Yantis IA1c,No,ELc():(949)297-5530 52002 (A1C,No):(949)297-5960 Suite 250 R' Ass:Almie.Valdez@ioausa.com Aliso Viejo,CA 92656 INSURERS)AFFORDING COVERAGE NAIC If INSURER A:Travelers Casualty Insurance Company of Amerlc 19046 INSURED INSURER B:Technology Insurance Company,Inc 42376 Huntington Beach Transmission and Auto Repair,Inc. INSURER C: 18451 Repair Lane INSURERD: Huntington Beach,CA 92648 INSURER B: 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 TYPE OF INSURANCE INSD SUER POLICY NUMBER (MM POLICY IMMIDD YY YI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 6809J806229 10/19/2022 10/1912023 DAMAGE TO RENTED 300,000 X PREMISES IEe occurrence} $ MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY n I ECTRO- n LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY APROVED AS TO FORM COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ ANY AUTO 6809J806229 `, 1-0/19/2022 10/19/2023 BODILY INJURY(Per person) $ OWNED SCHEDULED 1 AUTOS ONLY AUTOS By: BODILY INJURY(Per accident) $ HIRED NON-OyyyyN�ED HAEL E. PROPERTY DAMAGE X AUTOS ONLY x AUTOS ONLY CITY ATTORNEY (Per acddent) $ CITY OF HUNTIN;TON BEACH s A X UMBRELLALIAB I X OCCUR EACH OCCURRENCE s 1,000,000 EXCESS LIAB CLAIMS-MADE CUPOK382338 10/19/2022 10119/2023 AGGREGATE $ 1,000,000 DED X RETENTIONS 0 5 B WORKERS ND EMPLOYERS COMPENSATION X PERTUTE ERH TWC4163887 10/112022 10/1/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? Y N 1 A l andd Ory n w E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Garagekeepers X 6809,1806229 10/19/2022 10/19/2023 Liability 150,000 A Garagekeepers:Comp X 6809J806229 10/19/2022 10/19/2023 Ded$250,Coll Ded. 500 DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Loc.1-18451 Repair Lane,Hunting Beach CA 92648 The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are Additional Insureds with respects to General Liability and Garagekeepers Liability as stated per written contract for Work performed by Named Insured, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The City of Huntington Beach /'/J_ Dp��� Q 2000 Main Street � 1tf/l GlC, e.'/c (Huntington Beach,CA 92648 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-9J806229-22-42 ISSUE DATE: 10/06/2022 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: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN ST. HUNTINGTON BEACH CA 92648 PROJECT/LOCATION OF COVERED OPERATIONS: PERFORMING VARIOUS WORK WITHIN THE CITY OF HUNTINGTON BEACH 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 or organization shown in the Schedule shown in the Declarations exceed the minimum Any persong limits required by the written contract or Of Additional Insureds And Covered Operations that agreement, the insurance provided to the you agree in a written contract or agreement to additional insured will be limited to such include as an additional insured on this Coverage minimum required limits. For the purposes of Part is an insured, but only: 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 mEx injury" caused by an offense that is committed, I albil ty colverits of rear y red forellar o add t ess onal subsequent to the signing of that contract or 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 insurance described in Section III — Limits Of b. If, and only to the extent that, such injury or Insurance. damage is caused by acts or omissions of you or 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 And Covered Operations, to which the written (1) Any "bodily injury", "property damage" or 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 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 preparing, approving, or failing to (2) If a claim is made or"suit" is brought against prepare or approve, drawings and the additional insured: specifications; and (a) Immediately record the specifics of the (b) Supervisory, inspection, architectural or claim or"suit"and the date received; and 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 "products-completed operations hazard" (3) Immediately send us copies of all legal unless the written contract or agreement papers received in connection with the claim specifically requires you to provide such or "suit", cooperate with us in the coverage for that additional insured during investigation or settlement of the claim or the policy period, defense against the "suit", and otherwise comply with all policy conditions. c. The additional insured must comply with the following duties: (4) Tender the defense and indemnity of any 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 ©2018 The Travelers Indemnity Company.All rights reserved. CG D2 47 04 19 BUSINESSOWNERS POLICY NUMBER: 680-9J806229-22-42 ISSUE DATE: 08/16/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GARAGEKEEPERS LIABILITY GARAGEKEEPERS LIABILITY SCHEDULE LIMIT OF INSURANCE FOR EACH LOCATION Comprehensive Coverage $ 150,000 minus$ 250 deductible for each "customer's auto"for loss caused by theft, mischief or vandalism subject to a$ 1,250 maximum de- ductible for all such loss in any one event. Collision Coverage $ 150,000 minus$ 500 deductible for each "customer's auto". Insurance is provided at the following locations: Prem. Bldg. Prem. Bldg. Prem. Bldg. Prem. Bldg. Prem, Bldg. No. No. No. No. No. No. No. No. No. No. 001 001 None of the terms of the Coverage Part to which this endorsement is attached apply to the insurance provided by this endorsement, except for the COMMON POLICY CONDITIONS, SUPPLEMENTARY PAYMENTS — COV- ERAGES A AND B, which is amended to apply to this insurance, SECTION IV—COMMERCIAL GENERAL LI- ABILITY CONDITIONS, the NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form), and the DEFINITIONS Section, as amended by PROVISION A.of this endorsement. GARAGEKEEPERS LIABILITY applies on the following coverage basis: DIRECT PRIMARY. If this box is checked, coverage applies without regard to the "insured's" legal liability for "loss"to a"customer's auto" and is primary insurance. [] LEGAL LIABILITY. If this box is checked,coverage applies on the basis of the"insured's" legal liability. PROVISIONS your "employees" and members of their A. WORDS AND PHRASES WITH SPECIAL households who pay for services performed. MEANING 2. "Garage Operations" means the ownership, As used in this GARAGEKEEPERS COVERAGE maintenance or use of locations for the pur- endorsement: pose of selling, servicing, repairing, parking or storing "customer's autos" and that portion of 1, "Customer's Auto" means a customer's land the roads or other accesses that adjoin these motor vehicle or trailer or semitrailer. This locations. "Garage Operations" also include definition also includes any "customer's auto" all operations necessary or incidental to the while left with you for service, repair, storage, performance of garage operations. parking or safekeeping. Customers include MP T3 03 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. BUSINESSOWNERS 3. "Work you performed" includes work that a, Tape decks or other sound reproducing someone performed for you, equipment unless permanently installed 4. "Loss" means direct and accidental loss or in a"customer's auto". damage and includes any resulting loss of b. Tapes, records or other sound reproduc- use, ing devices designed for use with sound B. WE WILL PAY reproducing equipment. 1. We will pay all sums the insured legally must c. Sound receiving equipment designed for pay as damages for "loss" to a "customer's use as a citizens' band radio, two-way ., auto or "customer's auto" equipment left in mobile radio or telephone or scanning the insured's care while the insured is attend- monitor receiver, including its antennas ing, servicing, repairing, parking or storing it and other accessories, unless perma- in your"garage operations"under: nently installed in the dash or console opening normally used by the"customer's a. Comprehensive Coverage. From any auto" manufacturer for the installation of a cause except: radio. (1) The "customer's auto" collision with d. Equipment designed or used for the de- another object; or tection or location of radar. (2) The"customer's auto"overturn. D. WHO IS AN INSURED b. Collision Coverage. Caused by: The following are insureds for "loss" to "cus- (1) The "customer's auto" collision with tomer's autos": another object; or 1. You. (2) The"customer's auto"overturn. 2. Your partners, "employees", directors or 2. We will have the right and duty to defend any shareholders while acting within the scope of insured against a "suit" seeking these dam- their duties as such. ages. However, we have no duty to defend 3. If you are designated in the Declarations as any insured against a "suit"seeking damages an individual, your spouse is an insured, but for "loss" to which this insurance does not only with respect to the conduct of a business apply. We may investigate and settle any of which you are the sole owner. claim or "suit" as we consider appropriate. Our duty to defend or settle ends for a cover- 4. If you are designated in the Declarations a age when the Limit of Insurance for that coy- partners or joint venture, your members, erage has been exhausted by payment of partners and their spouses are also insureds, judgments or settlements. but only with respect to the conduct of your business. C. WE WILL NOT COVER—EXCLUSIONS 5. A limited liability company, you are an in- 1. This insurance does not apply to any of the cured. Your members are also insureds, but following: only with respect to the conduct of your busi- a. Contractual Operations. Liability result- ness. Your managers are insureds, but only ing from any contract or agreement by with respect to their duties as your managers. which the insured accepts responsibility 6. A trust, you are an insured. Your trustees are for"loss". also insureds, but only with respect to their b. Theft. "Loss" due to theft or conversion duties as trustees. caused in any way by you, your"employ- E. LIMIT OF INSURANCE AND DEDUCTIBLE ees", or by your partners, members, di- rectors or shareholders. 1. Regardless of the number of "customer's autos", insureds, premiums paid, claims c. Defective Parts. Defective parts or mate- made or"suits" brought, the most we will pay rials, for each "loss" at each location is the Ga- d. Faulty Work. Faulty "work you per- ragekeepers Coverage Limit of Insurance formed". shown in the Schedule above for that location minus the applicable deductibles for "loss" 2. We will not pay for"loss" to any of the follow- caused by collision, theft or mischief or van- ing: dalism, Page 2 of 3 Copyright,The Travelers Indemnity Company, 2003 MP 73 03 11 03 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. • BUSINESSOWNERS 2. The maximum deductible stated in the competent appraiser. The two appraisers will Schedule above for Garagekeepers Cover- select a competent and impartial umpire. age Comprehensive is the most that will be The appraisers will state separately the actual deducted for all "loss" in any one event cash value and amount of"loss". If they fail to caused by theft or mischief or vandalism. agree, they will submit their differences to the 3. Sometimes to settle a claim or"suit", we may umpire. A decision agreed to by any two will pay all or any part of the deductible. If this be binding. Each party will: happens you must reimburse us for the de- a. Pay its chosen appraiser; and ductible or that portion of the deductible that we paid. b. Bear the other expenses of the appraisal 4. Any deductible will apply only to the amount and umpire equally. of"loss" and will not reduce our limit of liabil- If we submit to an appraisal, we will still retain ity. our right to deny the claim. 5. The Garagekeepers Coverage Limits are ad- 2. Loss Payment—Garagekeepers Coverage ditional limits and do not reduce the per oc- At our option we may: currence or aggregate limits under the COM- MERCIAL GENERAL LIABILITY COVER- a. Pay for, repair or replace damaged or sto- AGE PART. len property; F. LOSS CONDITIONS b. Return the stolen property, at our ex- pense. We will pay for any damage that 1. Appraisal For Garagekeepers Loss results to the "customer's auto" from the If you and we disagree on the amount of theft; or "loss", either may demand an appraisal of the c. Take all or any part of the damaged or "loss". In this event, each party will select a stolen property at an agreed or appraised value. MP T3 03 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-9J806229-22-42 ISSUE DATE: 08/16/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NONOWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Insurance is provided only with respect to those coverages for which a specific premium charge is shown: COVERAGE ADDITIONAL PREMIUM Hired Auto Liability $ TI3CLUDED Nonowned Auto Liability $ INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS C. WHO IS AN INSURED A. COVERAGE Section II — Who Is An Insured is replaced by If a premium charge is shown in the SCHEDULE the following: above, the insurance provided under Section I — Each of the following is an insured under this in- Coverage A — Bodily Injury And Property surance to the extent set forth below: Damage Liability applies to "bodily injury" and "property damage" arising out of the maintenance 1, You; or use of a "hired auto" or "nonowned auto". 2. Anyone else including any partner or "execu- Maintenance or use of a "nonowned auto" in- tive officer" of yours while using with your cludes test driving in connection with an "auto permission a "hired auto" or a "nonowned business". auto"except: B. EXCLUSIONS a. The owner or lessee (of whom you are a With respect to the insurance provided by this sublessee) of a "hired auto" or the owner endorsement: or lessee of a "nonowned auto" or any agent or"employee"of any such owner or 1. The exclusions, under Section I -- Coverage lessee; A — Bodily Injury And Property Damage Liability, other than exclusions a., b., d., e.,f. b. Your "employee" if the covered "auto" is and i. and the Nuclear Energy Liability Exclu- owned by that "employee" or a member sion (Broad Form) are deleted and replaced of his or her household; by the following: c. Your "employee" if the covered "auto" is a. "Bodily injury"to: leased, hired or rented by him or her or a (1) Any fellow "employee" of the insured member of his or her household under a lease or rental agreement for a period of arising out of and in the course of: 180 days or more; (a) Employment by the insured;or d. Any partner or "executive officer" with re- (b) Performing duties related to the spect to any "auto" owned by such part- conduct of the insured's busi- ner or officer or a member of his or her ness. household; b. "Property damage"to: e. Any partner or "executive officer" with re- (1) Property owned or being transported spect to any "auto" leased or rented to by, or rented or loaned to the insured; such partner or officer or a member of his or or her household under a lease or rental (2) Property in the care, custody or con- agreement for a period of 180 days or trol of the insured. more; MP T1 25 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL GENERAL LIABILITY f. Any person while employed in or other- E. ADDITIONAL DEFINITIONS wise engaged in duties in connection with Section V— Definitions is amended by the addi- an "auto business", other than an "auto tion of the following definitions: business"you operate: 1, "Auto Business" means the business or oc- g. Anyone other than your "employees", cupation of selling, repairing, servicing, stor- partners, a lessee or borrower or any of ing or parking"autos". their "employees", while moving property to or from a "hired auto" or a "nonowned 2. "Hired auto" means any "auto" you lease, auto"; or hire, rent or borrow.This does not include: 3. Any other person or organization, but only a, Any"auto" you lease, hire or rent under a with respect to their liability because of acts lease or rental agreement for a period of or omissions of an insured under 1. or 2. 180 days or more, or above. b. Any "auto" you lease, hire, rent or borrow D, AMENDED DEFINITIONS from any of your "employees", partners, The Definition of"insured contract"of Section V— stockholders, or members of their house- Definitions is amended by the addition of the fol- holds. lowing exceptions to paragraph f,: 3. "Nonowned auto" means any "autos" you do Paragraph f. does not include that part of any not own, lease, hire, rent or borrow that are contract or agreement: being used in the course and scope of your business at the time of an "occurrence". This (4) That pertains to the loan, lease or rental of an includes "autos" owned by your "employees" "auto" to you or any of your "employees", if or partners or members of their households the "auto" is loaned, leased or rented with a but only while being used in the course and driver; or scope of your business at the time of an "oc- (5) That holds a person or organization engaged currence". in the business of transporting property by If you are a sole proprietor, "nonowned auto" "auto" for hire harmless for your use of a coy- means any "autos" you do not own, lease, ered "auto" over a route or territory that per- hire, rent or borrow that are being used in the son or organization is authorized to serve by course and scope of your business or per- public authority. sonal affairs at the time of an"occurrence". Page 2 of 2 Copyright,The Travelers Indemnity Company, 2003 MP T1 25 11 03 Includes copyrighted material of Insurance Services Office, Inc„with its permission.