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HomeMy WebLinkAboutSancon Technologies, Inc. - 2022-11-15 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SANCON TECHNOLOGIES, INC. FOR ON-CALL CURED IN PLACE PIPE (CIPP) 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 Sancon Technologies, 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 cured in place pipe (CIPP) services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor entered into a Consultant Agreement with the City of Oxnard on or about October 19, 2021, referred to as the "City of Oxnard Contract for On-Call Cured in Place Pipe (CIPP) Repair Services Specification No. PW 22-01". City desires to "piggyback" on the City of Palos Oxnard's 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 City of Oxnard. 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." Contractor hereby designates Charles B. Parsons, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 22-11776/291177 1 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 One Hundred Fifty Thousand Dollars ($150,000) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit "B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence 11/15/22 , 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. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees 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 22-11776/291177 2 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. 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 22-11776/291177 3 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 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 22-11776/291177 4 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 arid all payment of all taxes, social security, state disability insurance compensation, unemployment coinpensatipn and other payroll deductions for Contractor and its officers, agents and employees and .11 business licenses, if any, in connection with the Project and/or the services to be performed hcireunder. 13. copflict 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. Terrninition 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, 22-11776/291177 5 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 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 Sancon Technologies, Inc. Attn: Director of Public Works Attn: Charles B. Parsons 2000 Main Street 5841 Engineer Drive Huntington Beach, CA 92648 Huntington Beach, CA 92649 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. 22-11776/291177 6 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 A M 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. 22-11776/291177 7 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. 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. 22-11776/291177 8 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. 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. 22-11776/291177 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. a P P CONTRACTOR CITY OF HUNTINGTON BEACH, a SANCON TECHNOLOGIES, INC. municipal corporation of the State of A California corporation California By; 7 Akr Mayor •Prwt'o,.35 Print name ITS: (circle onf) Chairma esiden9.444.01,41AJ Vice President = City Clerk ///2i/22c AND By: INITIATED AND APP' OV ►: int name ITS: (circl one) Greta hief Financial // Officer/Asst. Secreturer Director of%tic Works APPROVED AS TO FORM: City Attorney tat/ ' .VIE D AND • ' ' 'OVED: 7MB ,►`ate 22-11776/291177 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Contractor shall perform all Tasks in a good and workmanlike manner for the projected identified as On-Call Cured in Place Pipe (CIPP) Repair Services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: 1. 2. D. WORK PROGRAM/PROJECT SCHEDULE: 22-11776/291177 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: "SEE ATTACHED EXHIBIT B" 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 writing of the reasons for non-approval and the schedule of performance set 22-11776/291177 12 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. 22-11776/291177 13 EXHIBIT B BID SHEETS FOR ON-CALL CURED IN PLACE PIPE(CIPP) REPAIR SERVICES Bidder's Name: <S CIA/ t 1JO C1 e lam. In compliance with the Notice Inviting Bids,the undersigned hereby agrees to execute the three(3)year, not to exceed four hundred fifty thousand dollar ($450,000) Contract to furnish all labor, materials, equipment, traffic control, public convenience and safety, mobilization, demobilization, and other incidental and appurtenant Work for the Tasks comprising the Project In accordance with the Contract Documents to the satisfaction and under the direction of the Project Manager at the following unit prices: ITEM DESCRIPTION UNIT of EVALUATION UNIT PRICE NO. MEASURE QUANTITY Pre Lining Video for 1. 8-inch CIPP Lining Linear Foot 1 $ 5.0t9 2 Pre Lining Video for Linear Foot 1 $ 10-inch CIPP Lining 3. Pre Lining Video for Linear Foot 1 $ )5 12-inch CIPP Lining Pre Lining Video for4. Linear Foot 1 $ 15-inch CIPP Lining (� CO 5 Pre Lining Video for Linear Foot 1 $ 18-inch CIPP Lining 6 Pre Lining Video for Linear Foot 1 $ jai 00 24-inch CIPP Lining • Post Lining Video for • 8-inch CIPP Lining Linear Foot 1 $ 8 Post Lining Video for Linear Foot 1 $ 5-. ° 10-inch CIPP Lining 9 Post Lining Video for Linear Foot 1 $ `ter.c c.) 12-inch CIPP Lining ITEM DESCRIPTION UNIT of EVALUATION UNIT PRICE NO. MEASURE QUANTITY 10 Post Lining Video for Linear Foot 1 $ 5-00 15-inch CIPP Lining 11 Post Lining Video for Linear Foot 1 $ cred 18-inch CIPP Lining 12 Post Lining Video for Linear Foot 1 $ SOO 24-inch CIPP Lining 13. B-inch CIPP short Linear Foot 1 $ 1,3-7S,Ut? liner/point repair 14 10-inch CIPP short Linear Foot 1 $ 1, S-o•PO liner/point repair 15. 12-Inch CIPP short Linear Foot 1 I $ ';"r' • 00 liner/point repair 16, 15-Inch CIPP short Linear Foot 1 $ liner/point repair �� 1 f l 18-inch CIPP short 17, liner/point repair Linear Foot 1 $ 'j„ 1 18. 24 inch CIPP short Linear Foot 1 F $ 3,O - 61O liner/point repair 19. 8-inch CIPP lining Linear Foot 1 $ 51-00 20. 10-inch CIPP lining Linear Foot 1 i $ 0' 649 21. 12-inch CIPP lining Linear Foot 1 $ /.a) ITEM DESCRIPTION UNIT of EVALUATION UNIT PRICE NO. MEASURE QUANTITY 22. 15-inch CIPP thing Linear Foot 1 $ 11A) 23. 18-inch CIPP lining Linear Foot 1 5 ("56 .00 24. 24-inch CIPP lining Linear Foot 1 $ I b9''a) Bypass pumping 25. 6 inch to 12 inch Per Hour 1 $ f 60 diameter pipe at 1/2 full Bypass pumping 26. 13 inch to 24 inch Per Hour 1 $ l'ai,a) diameter pipe at 112 full 27. Trenching Linear Foot 1 S 260,a) BID TOTAL $ I311,0 14 AcoRD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) `....----- 11/15/2022 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(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 Patriot Risk& Insurance Services CONTACT 18952 MacArthur Blvd., Suite#300 PHONE ,EA):E-MAIL (949)486-7900 FA Irvine, CA 92612 ,No): ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.patrisk.com 0K07568 INSURERA: Hartford Fire Insurance Company 19682 INSURED INSURER B: Hartford Casualty Insurance Company _ 29424 SancEn Technologies Inc. 5841 Engineerer Dr.Dr. INSURER C: Navigators Specialty Insurance Company 36056 Huntington Beach CA 92649 INSURER D: Scottsdale Insurance Company 41297 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 71284405 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSD VD POLICY NUMBER (MM/DDIYYYY) (MMIDD/YYYY) A / COMMERCIAL GENERAL LIABILITY / 72UEACI4418 10/1/2022 10/1/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE / OCCUR PREMISES(Ea occurrence) $300,000 ✓ $5,000 Deductible APPROVED 's 'O'•RM MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: By; GENERAL AGGREGATE $2,000,000 POLICY ✓ JECT LOC MICHAEL E.GATES PRODUCTS-COMP/OP AGO $2,000,000 OTHER: CITY ATTORNEY $ A AUTOMOBILE LIABILITY 72UEACI4Arr OF HUnITLJt'aT(?II�/BEUZ1' 10/1/2023 (Ee aBcdeDtSINGLE LIMIT $1,000,000 / ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) B / UMBRELLA LIAB / OCCUR 72HHACI3468 10/1/2022 10/1/2023 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED ✓ RETENTION$10,000 $ A WORKERS COMPENSATION ✓ 72WEAAUOTGJ 10/1/2022 10/1/2023 i STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1.000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution Liability SF22ECPZOCBLVQN 10/1/2022 10/1/2023 $1,000,000 Each Incident/$2,000,000 Agg D Installation Floater RBS0179062 10/1/2022 10/1/2023 $250,000 Any one Job Site D Rented/Leased Equipment RBS0179062 10/1/2022 10/1/2023 $100,000 Any one item DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:FY 21-22 Sewer Lining#CC-1694. The City of Huntington Beach,its officers,elected and appointed officials,employees,agents,and volunteers are Included as Additional Insured.Said Insurance is Primary Non-Contributory.Waiver of Subrogation for the Workers Comp applies in favor of same entities.Endorsements per attached.(30)Day Notice of Cancellation,(10)Day Notice for Non-Pay of Premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE / /c--.t9 .x I Dave Jacobson ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 71284405 122-23 GL/Auto/Umb/WC/Poll/IM 1 Tina Kennedy 111/15/2022 2:15:09 PM (PST) I Page 1 of 13 This certificate cancels and supersedes ALL previously issued certificates. POLICY NUMBER: 72UEACI4418 Sancon Technologies Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s)Or Location(s) Or Organization(s): Of Covered Operations: The City of Huntington Beach,its officers,elected and appointed officials,employees,agents,and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. With respect to those person(s) or organization(s) (3) In connection with "your work" for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide insurance such as is afforded under this and included within the "products- policy to them, Subparagraph f., Any Other completed operations hazard", but only if: Party, under the Additional Insureds When (a) The written contract or written Required By Written Contract, Written agreement requires you to provide Agreement Or Permit Paragraph of Section II — such coverage to such additional Who Is An Insured is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule; and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "property damage" included within the "bodily injury", "property damage"or"personal "products-completed operations and advertising injury" caused, in whole or in hazard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown in the Schedule applies: (1) In the performance of your ongoing (1) Only if the "bodily injury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or location(s) designated in advertising injury"offense is committed: the Schedule; (a) During the policy period; and (2) In connection with your premises owned (b) Subsequent to the execution of such by or rented to you and shown in the written contract or written agreement; Schedule; or and Form HS 24 80 07 13 Page 1 of 2 © 2013,The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) 71284405 1 22-23 GL/Auto/Umb/WC/Poll/IM 1 Tina Kennedy 1 11/15/2022 2.15:09 PM (PST) 1 Page 2 of 13 This certificate cancels and supersedes ALL previously issued certificates. (c) Prior to the expiration of the period of When You Add Others As An Additional time that the written contract or written Insured To This Insurance agreement requires such insurance (a) Primary Insurance When Required By be provided to the additional insured. Contract (2) Only to the extent permitted by law; and This insurance is primary if you have agreed (3) Will not be broader than that which you in a written contract or written agreement that are required by the written contract or this insurance be primary. If other insurance written agreement to provide for such is also primary, we will share with all that additional insured. other insurance by the method described in With respect to the insurance afforded to the Paragraph (c) below. This insurance does not person(s)or organization(s)that are additional apply to other insurance to which the insureds under this endorsement, the additional insured in the Schedule has been following additional exclusion applies: added as an additional insured. This insurance does not apply to "bodily (b) Primary And Non-Contributory To Other injury", "property damage" or "personal and Insurance When Required By Contract advertising injury" arising out of the rendering This insurance is primary to and will not seek of, or the failure to render, any professional contribution from any other insurance architectural, engineering or surveying available to an additional insured under your services, including: policy provided that: (1) The preparing, approving, or failing to (i) The additional insured in the Schedule is prepare or approve maps, shop drawings, a Named Insured under such other opinions, reports, surveys, field orders, insurance;and change orders, designs or specifications; (ii) You have agreed in a written contract or or written agreement that this insurance (2) Supervisory, inspection, architectural or would be primary and would not seek engineering activities. contribution from any other insurance The limits of insurance that apply to the additional available to the additional insured in the insured shown in the Schedule are described in the Schedule. Limits Of Insurance section. (c) 'Method Of Sharing How this insurance applies when other insurance is If all of the other insurance permits available to the additional insured is described in the contribution by equal shares, we will follow Other Insurance Condition in Section IV — this method also. Under this approach, each Commercial General Liability Conditions, except as insurer contributes equal amounts until it has otherwise amended below. paid its applicable limit of insurance or none of B. With respect to insurance provided to the the loss remains,whichever comes first. person(s) or organization(s) that are additional If any of the other insurance does not permit insureds under this endorsement, the When You contribution by equal shares, we will Add Others As An Additional Insured To This contribute by limits. Under this method, each Insurance subparagraph, under the Other insurer's share is based on the ratio of its Insurance Condition of Section IV—Commercial applicable limit of insurance to the total General Liability Conditions is replaced with the applicable limits of insurance of all insurers. following: All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 80 07 13 71284405 1 22-23 GL/Auto/Umb/WC/Poll/IM 1 Tina Kennedy 111/15/2022 2:15.09 PM (PST) 1 Page 3 of 13 This certificate cancels and supersedes ALL previously issued certificates. 72UEAC14418 Sancon Technologies Inc. Our obligation to defend an insured's indemnitee liability company), to a co-"employee" and to pay for attorneys' fees and necessary while in the course of his or her litigation expenses as Supplementary Payments employment or performing duties ends when; related to the conduct of your a. We have used up the applicable limit of business, or to your other "volunteer insurance in the payment of judgments or workers" while performing duties settlements;or related to the conduct of your b. The conditions set forth above, or the terms of business; the agreement described in Paragraph f. (b) To the spouse, child, parent, brother or above, are no longer met. sister of that co-"employee" or that "volunteer worker" as a consequence SECTION II—WHO IS AN INSURED of Paragraph(1)(a)above; 1. If you are designated in the Declarations as: (c) For which there is any obligation to a. An individual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole of the injury described In Paragraphs owner. (1)(a)or(1)(b)above; or b. A partnership or joint venture, you are an (d) Arising out of his or her providing or insured. Your members, your partners, and failing to provide professional health their spouses are also insureds, but only with care services. respect to the conduct of your business. If you are not in the business of providing c. A limited liability company, you are an professional health care services: insured. Your members are also insureds,but (a) Subparagraphs(1)(a), (1)(b) and(1)(c) only with respect to the conduct of your above do not apply to any "employee" business. Your managers are insureds, but or"volunteer worker" providing first aid only with respect to their duties as your services; and managers. (b) Subparagraph (1)(d) above does not d. An organization other than a partnership,joint apply to any nurse,emergency medical venture or limited liability company, you are technician or paramedic employed by an insured. Your "executive officers" and you to provide such services. directors are insureds,but only with respect to their duties as your officers or directors. Your (2) "Property damage"to property: stockholders are also insureds, but only with (a) Owned, occupied or used by, respect to their liability as stockholders. (b) Rented to, in the care, custody or e. A trust, you are an insured. Your trustees are control of, or over which physical also insureds, but only with respect to their control is being exercised for any duties as trustees. purpose by 2. Each of the following is also an insured: you, any of your "employees", "volunteer a. Employees And Volunteer Workers workers", any partner or member (if you are a partnership or joint venture), or any Your "volunteer workers" only while member (if you are a limited liability performing duties related to the conduct of company). your business, or your "employees", other b. Real Estate Manager than either your"executive officers"(if you are an organization other than a partnership, joint Any person (other than your "employee" or venture or limited liability company) or your "volunteer worker"), or any organization while managers (if you are a limited liability acting as your real estate manager. company), but only for acts within the scope c. Temporary Custodians Of Your Property of their employment by you or while Any person or organization having proper performing duties related to the conduct of temporary custody of your property if you die, your business. but only: However, none of these "employees" or (1) With respect to liability arising out of the "volunteer workers"are insureds for: maintenance or use of that property; and (1) "Bodily injury"or"personal and advertising (2) Until your legal representative has been injury": appointed. (a) To you,to your partners or members(if d. Legal Representative If You Die you are a partnership or joint venture), to your members (if you are a limited Your legal representative if you die, but only HG 00 01 09 16 Page 11 of 21 79.7859116 122-23 13L/A7afiv/349/50VPoIlb/3Mcl nil'i.6ar, nefly9,123410172®2YB 21:115094 For)(P$TAa'e tenB Di 13 This certificate cancels and supersedes ALL previously issued certificates. with respect to duties as such. That )1(5. Additional Insureds When Required By representative will have all your rights and Written Contract, Written Agreement Oy duties under this Coverage Part. Permit e. Unnamed Subsidiary The following person(s) or organization(s) are an Any subsidiary, and subsidiary thereof, of additional insured when you have agreed, in a yours which is a legally incorporated entity of written contract,written agreement or because of which you own a financial interest of more a permit issued by a state or political subdivision, than 50% of the voting stock on the effective that such person or organization be added as an date of the Coverage Part. additional insured on your policy, provided the injury or damage occurs subsequent to the The insurance afforded herein for any execution of the contract or agreement. subsidiary not named in this Coverage Part as a named insured does not apply to injury A person or organization is an additional insured or damage with respect to which such insured under this provision only for that period of time is also a named insured under another policy required by the contract or agreement. or would be a named insured under such However, no such person or organization is an policy but for its termination or the exhaustion insured under this provision if such person or of its limits of insurance. organization is included as an insured by an 3. Newly Acquired Or Formed Organization endorsement issued by us and made a part of Any organization you newly acquire or form, this Coverage Part. other than a partnership, joint venture or limited a. Vendors liability company, and over which you maintain Any person(s) or organization(s) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to stock, will qualify as a Named Insured if there is "bodily injury" or 'property damage" arising no other similar insurance available to that out of"your products"which are distributed or organization. However: sold in the regular course of the vendor's a. Coverage under this provision is afforded only business and only if this Coverage Part until the 180th day after you acquire or form provides coverage for "bodily injury" or the organization or the end of the policy "property damage" included within the period,whichever is earlier; "products-completed operations hazard". b. Coverage A does not apply to "bodily injury" (1) The insurance afforded the vendor is or "property damage" that occurred before subject to the following additional you acquired or formed the organization;and exclusions: c. Coverage B does not apply to "personal and This Insurance does not apply to: advertising injury" arising out of an offense (a) "Bodily injury"or"property damage"for committed before you acquired or formed the which the vendor is obligated to pay organization. damages by reason of the assumption 4. Nonowned Watercraft of liability in a contract or agreement. With respect to watercraft you do not own that is lThis exclusiondamagesdoes not apply to r less than 51 feet long and is not being used to wouldly for that the vendor carrypersons for a charge, anyperson is an have in the absence of the g contract or agreement; insured while operating such watercraft with your permission. Any other person or organization (b) Any express warranty unauthorized by responsible for the conduct of such person is you; also an insured, but only with respect to liability lc) Any physical or chemical change in the arising out of the operation of the watercraft, and product made intentionally by the only if no other insurance of any kind is available vendor; to that person or organization for this liability. (d) Repackaging. except when unpacked However,no person or organization is an insured solely for the purpose of inspection, with respect to: demonstration, testing, or the a. "Bodily injury" to a co-"employee" of the substitution of parts under instructions person operating the watercraft; or from the manufacturer, and then b. "Property damage" to property owned by, repackaged in the original container; rented to, in the charge of or occupied by you (e) Any failure to make such inspections, or the employer of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 0916 "Italitb% p4 ftlaNte4Wh f/ 1/tMrInfiiTiAnr*Ometly912.10 ,2% 0:15/491R '>(els7tiale PlAeot 4)1 13 This certificate cancels and supersedes ALL previously issued certificates. undertakes to make in the usual This insurance does not apply to: course of business, in connection with 1. Any "occurrence" which takes place after the distribution or sale of the products; you cease to lease that land;or (f) Demonstration, installation, servicing 2. Structural alterations, new construction or or repair operations, except such demolition operations performed by or on operations performed at the vendor's behalf of such person or organization. premises in connection with the sale of the product; d. Architects,Engineers Or Surveyors (g) Products which, after distribution or Any architect, engineer, or surveyor, but only sale by you, have been labeled or with respect to liability for "bodily injury", relabeled or used as a container, part "Property damage" or `personal and or ingredient of any other thing or advertising injury"caused, in whole or in part, substance by or for the vendor;or by your acts or omissions or the acts or (h) "Bodily Injury" or "property damage" omissions of those acting on your behalf: arising out of the sole negligence of the (1) In connection with your premises;or vendor for its own acts or omissions or (2) In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on Its behalf. However, this behalf. exclusion does not apply to: With respect to the insurance afforded these (i)The exceptions contained in Sub. additional insureds, the following additional paragraphs(d)or(t);or exclusion applies: (fi) Such inspections, adjustments, This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury"arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you,including: with the distribution or sale of the 1. The preparing, approving, or failing to products. prepare or approve, maps,shop drawings, (2) This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications;or or any ingredient, part or container, 2. Supervisory, inspection, architectural or entering into, accompanying or containing engineering activities. such products. This exclusion applies even if the claims b. Lessors Of Equipment against any insured allege negligence or (1) Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring of others respect to their liability for"bodily injury", by that insured, if the "occurrence" which "property damage" or "personal and caused the "bodily injury" or `property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising injury".Involved the use of equipment leased to you by such rendering of or the failure to render any person(s)or organization(s). professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisions does not apply to any"occurrence"which Any state or political subdivision,but only with takes place after the equipment lease respect to operations performed by you or on expires. your behalf for which the state or political c. Lessors Of Land Or Premises subdivision has issued a permit Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, aPPly to: maintenance or use of that part of the land or (1) "Bodily Injury". "property damage" or premises leased to you. "personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality;or exclusions apply: HG 00 01 0916 Page 13 of 21 76S71119M d :P.xe allakuuvnttitaWWVh3411.1 anrcln,ic ed 4 ?34ae252/alaz143a:ns1rvs,Ia►r1(Psi.c4e 319a,js:ts/E 13 This certificate cancels and supersedes ALL previously issued certificates. (2) "Bodily injury" or "property damage" by that insured, if the "occurrence° which induded within the "products-completed caused the "bodily injury° or "property operations hazard". damage", or the offense which caused the f. Any Other Party "personal and advertising injury".involved the Any other person or organization who is not rendering of or the failure to render any professional services by or for you' an additional insured under Paragraphs a. through e. above, but only with respect to The limits of insurance that apply to additional liability for "bodily injury", "property damage" insureds is described in Section ill — Limits Of or"personal and advertising injury"caused,in Insurance. whole or In part, by your acts or omissions or How this insurance applies when other insurance the acts or omissions of those acting on your is available to the additional insured is described behalf: in the Other Insurance Condition in Section IV— (1) In the performance of your ongoing Commercial General Liability Conditions. operations; No person or organization is an insured with respect (2) In connection with your premises owned to the conduct of any current or past partnership, by or rented to you;or joint venture or limited liability company that is not (3) In connection with "your work° and shown as a Named Insured in the Declarations. included within the "products-completed SECTION III—LIMITS OF INSURANCE operations hazard",but only if 1. The Most We Will Pay (a) The written contract or agreement The Limits of Insurance shown in the requires you to provide such coverage Declarations and the rules below fix the most we to such additional insured;and will pay regardless of the number of: (b) This Coverage Part provides coverage a. Insureds; for"bodily Injury"or"property damage" b. Claims made or"suits"brought or included within the "products- c. Persons or organizations making claims or completed operations hazard". bringing"suits". However: 2. General Aggregate Limit (1) The insurance afforded to such additional The General Aggregate Limit is the most we will insured only applies to the extent permitted by law;and pay for the sum of (2) If coverage provided to the additional a. Medical expenses under Coverage C; insured is required by a contract or b. Damages under Coverage A, except agreement.the insurance afforded to such damages because of "bodily injury" or additional insured will not be broader than "property damage"included in the "products- that which you are required by the contract completed operations hazard";and or agreement to provide for such c. Damages under Coverage B. additional insured. 3. Products-Completed Operations Aggregate With respect to the insurance afforded to Limit these additional insureds.this insurance does The Products-Completed Operations Aggregate not apply to: Limit Is the most we will pay under Coverage A °Bodily injury", °property damage" or for damages because of °bodily injury° and "personal and advertising injury arising out of "property damage" included in the "products- the rendering of,or the failure to render,any completed operations hazard". professional architectural, engineering or 4. Personal And Advertising Injury Limit surveying services,including: Subject to 2. above, the Personal and (1) The preparing, approving, or failing to Advertising Injury Limit is the most we will pay prepare or approve,maps,shop drawings, under Coverage B for the sum of all damages opinions, reports, surveys, field orders, because of all "personal and advertising injury" change orders or drawings and sustained by any one person or organization. specifications;or (2) Supervisory, inspection, architectural or 6. Each Occurrence Limit engineering activities. Subject to 2.or 3. above, whichever applies,the This exclusion applies even if the claims Each Occurrence Limit is the most we will pay for against any insured aUege negligence or the sum of other wrongdoing in the supervision, hiring, a. Damages under Coverage A;and employment, training or monitoring of others Page 14 of 21 HG 00 010916 vale sit q aa-233 /find othb Erica liNrowi4 l,,edv,H,»/?3,t2,t / at sbao9c 1 )(Ff3 a G aiRjEOh 3o1 13 This certificate cancels and supersedes ALL previously issued certificates. contract or written agreement that this b. Excess Insurance insurance is primary and non-contributory This insurance is excess over any of the other with the additional insured's own insurance. insurance, whether primary, excess, f. Knowledge Of An Occurrence, Offense, contingent or on any other basis: Claim Or Suit (1) Your Work Paragraphs a. and b. apply to you or to any That is Fire, Extended Coverage, Builder's additional insured only when such Risk, Installation Risk or similar coverage "occurrence", offense,claim or"suit" is known for"your work"; to: (1) You or any additional insured that is an (2) Premises Rented To You individual, That is fire, lightning or explosion insurance for premises rented to you or (2) Any partner, if you or the additional temporarily occupied by you with insured is a partnership; permission of the owner; (3) Any manager, if you or the additional insured is a limited liability company; (3) Tenant Liability That is insurance purchased by you to (4) Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation, you or temporarily occupied by you with (5) Any trustee, if you or the additional permission of the owner; insured is a trust;or (4) Aircraft, Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public-entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section I — Coverage A — Bodily Injury additional insured. And Property Damage Liability; 3. Legal Action Against Us (5) Property Damage To Borrowed No person or organization has a right under this Equipment Or Use Of Elevators Coverage Part: If the loss arises out of"property damage" a. To join us as a party or otherwise bring us to borrowed equipment or the use of into a "suit" asking for damages from an elevators to the extent not subject to insured; or Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage b. To sue us on this Coverage Part unless all of Liability; its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment against an insured; but we will not be liable for Any other insurance available to you damages that are not payable under the terms of covering liability for damages arising out this Coverage Part or of the premises or operations, or products that are in excess of the applicable limit of and completed operations, for which you insurance. An agreed settlement means a have been added as an additional insured settlement and release of liability signed by us, by that insurance; or the insured and the claimant or the claimant's (7) When You Add Others As An legal representative. Additional Insured To This Insurance 4. Other Insurance Any other insurance available to an If other valid and collectible insurance is additional insured. available to the insured for a loss we cover under However, the following provisions apply to Coverages A or B of this Coverage Part, our other insurance available to any person or obligations are limited as follows: organization who is an additional insured a. Primary Insurance under this coverage part. This insurance is primary except when b. (a) Primary Insurance When Required below applies. If other insurance is also By Contract primary, we will share with all that other This insurance is primary if you have insurance by the method described in c. agreed in a written contract or written below. agreement that this insurance be primary. If other insurance is also Page 16 of 21 HG 00 01 09 16 7n1/149118 p J/daatII/p1s, ipliV/IPaala/Z n silfaanustmedy942 28)2s3 2t L FI,59i 7Dir I(pe1j.le p' ea8 b€ 13 This certificate cancels and supersedes ALL previously issued certificates. primary, we will share with all that 5. Premium Audit other insurance by the method a. We will compute all premiums for this described in c, below. Coverage Part in accordance with our rules (b) Primary And Non-Contributory To and rates. Other Insurance When Required By b. Premium shown in this Coverage Part as Contract advance premium is a deposit premium only. If you have agreed in a written At the close of each audit period we will contract, written agreement, or permit compute the earned premium for that period that this insurance is primary and non- and send notice to the first Named Insured. contributory with the additional The due date for audit and retrospective insured's own insurance,this insurance premiums is the date shown as the due date is primary and we will not seek on the bill. If the sum of the advance and contribution from that other insurance. audit premiums paid for the policy period is Paragraphs (a) and (b) do not apply to greater than the earned premium, we will other insurance to which the additional return the excess to the first Named Insured. insured has been added as an additional c. The first Named Insured must keep records of insured. the information we need for premium When this insurance is excess, we will have computation, and send us copies at such no duty under Coverages A or B to defend times as we may request. the insured against any "suit" if any other 6. Representations insurer has a duty to defend the insured a. When You Accept This Policy against that"suit". If no other insurer defends, we will undertake to do so, but we will be By accepting this policy,you agree: entitled to the insured's rights against al] (1) The statements in the Declarations are those other insurers. accurate and complete; When this insurance is excess over other (2) Those statements are based upon insurance, we will pay only our share of the representations you made to us; and amount of the loss, if any, that exceeds the (3) We have issued this policy in reliance sum of: upon your representations. (1) The total amount that all such other b. Unintentional Failure To Disclose Hazards insurance would pay for the loss in the If unintentional) absence of this insurance; and y you should fail to disclose all hazards relating to the conduct of your (2) The total of all deductible and self-insured business that exist at the inception date of amounts under all that other insurance. this Coverage Part, we shall not deny We will share the remaining loss, if any, with coverage under this Coverage Part because any other insurance that is not described in of such failure. this Excess Insurance provision and was not 7, Separation Of Insureds bought specifically to apply in excess of the Limits of Insurance shown in the Declarations Except with respect to the Limits of Insurance, of this Coverage Part. and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, c. Method Of Sharing this insurance applies: If all of the other insurance permits a. As if each Named Insured were the only contribution by equal shares, we will follow Named Insured; and this method also. Under this approach each b. Separately to each insured against whom insurer contributes equal amounts until it has paid its applicable limit of insurance or none claim is made or"suit"is brought. of the loss remains,whichever comes first. 8. Transfer Of Rights Of Recovery Against If any of the other insurance does not permit Others To Us contribution by equal shares, we will ' a. Transfer Of Rights Of Recovery contribute by limits. Under this method, each If the insured has rights to recover all or part insurers share is based on the ratio of its of any payment, including Supplementary applicable limit of insurance to the total Payments, we have made under this applicable limits of insurance of all insurers. Coverage Part, those rights are transferred to us. The insured must do nothing after loss to HG 00 01 0916 Page 17 of 21 3Qnatia8 $Z-33 W/ tatOi/ZWAIV"11/1mTA nTITAri,M4Yietiy9+12 4.09V2t2/8 2It 5k0 9 P811ale uQ4.0 t WE 13 This certificate cancels and supersedes ALL previously issued certificates. impair them. At our request, the insured will other motor vehicle insurance law where it is bring "suit" or transfer those rights to us and licensed or principally garaged. help us enforce them. However, "auto" does not include -mobile b. Waiver Of Rights Of Recovery (Waiver Of equipment". Subrogation) 5. "Bodily injury"means physical: If the insured has waived any rights of a. Injury; recovery against any person or organization b. Sickness;or for all or part of any payment, including Supplementary Payments, we have made c. Disease under this Coverage Part, we also waive that sustained by a person and, if arising out of the right, provided the insured waived their rights above,mental anguish or death at any time. of recovery against such person or „ organization in a contract, agreement or 6. Coverage territory"means: permit that was executed prior to the injury or a. The United States of America (including its damage. territories and possessions), Puerto Rico and 9. When We Do Not Renew Canada; If we decide not to renew this Coverage Part, we b. International waters or airspace, but only if the injury or damage occurs in the course of will mail or deliver to the first Named Insured travel or transportation between any places shown in the Declarations written notice of the included in a.above: or nonrenewal not less than 30 days before the expiration date. c. All other parts of the world if the injury or If notice is mailed, proof of mailing will be damage arises out of: sufficient proof of notice. (1) Goods or products made or sold by you in SECTION V-DEFINITIONS the territory described in a.above; (2) The activities of a person whose home is 1. "Advertisement" means the widespread public in the territory described in a. above, but is dissemination of information or images that has away for a short time on your business;or the purpose of inducing the sale of goods, products or services through: (3) "Personal and advertising injury" offenses that take place through the Internet or a. (1) Radio; similar electronic means of communication (2) Television; provided the insured's responsibility to pay (3) Billboard; damages is determined in the United States of (4) Magazine; America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits (5) Newspaper;or according to the substantive law in such territory or b. Any other publication that is given widespread in a settlement we agree to. public distribution. 7. "Employee" includes a "leased worker". However,"advertisement"does not include: "Employee" does not include a "temporary a. The design, printed material, information or worker". Images contained in, on or upon the 6. "Employment-Related Practices"means: packaging or labeling of any goods or a. Refusal to employ that person; products; or b. Termination of that person's employment;or b. An interactive conversation between or among persons through a computer network. c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, 2. "Advertising idea" means any idea for an evaluation, reassignment, discipline, "advertisement". defamation, harassment, humiliation, 3. "Asbestos hazard" means an exposure or discrimination or malicious prosecution threat of exposure to the actual or alleged directed at that person. properties of asbestos and includes the mere 9. "Executive officer" means a person holding any presence of asbestos in any form. of the officer positions created by your charter, 4. "Auto"means: constitution, by-laws or any other similar a. A land motor vehicle, trailer or semitrailer governing document. designed for travel on public roads, including 10."Hostile fire" means one which becomes any attached machinery or equipment;or uncontrollable or breaks out from where it was b. Any other land vehicle that is subject to a intended to be. compulsory or financial responsibility law or Page 18of21 HG00010916 10.Mil"Et q 2.1-31 6R✓/Mtm&/ / J/I i/tee Ans7 *mien ed}901?301P Azle 001.5 9(INF)(PG1gale F% &f1 03bf 13 This certificate cancels and supersedes ALL previously issued certificates. 72UEACI4418 Sancon Technologies Inc. When performing operations as a "general afforded under this Coverage Part is excess over contractor", the term that particular part shall not such other valid and collectible Professional mean the entire construction, improvement or Liability insurance(including any deductible or self- renovation project. For purposes of this provision, insured retention portion thereof), and any other the term "general contractor" means the contractor valid and collectible insurance available to the signing the prime construction contract for a insured whether primary, excess, contingent or on construction, erection, improvement or renovation any other basis. project and that has main responsibility for such 5. PER PROJECT AND PER LOCATION GENERAL project including hiring all of the subcontractors and AGGREGATE LIMITS OF INSURANCE suppliers. A. For all sums which the insured becomes legally 4. CONTRACTORS LIMITED PROFESSIONAL obligated to pay as damages caused by LIABILITY "occurrences" under Section I - Coverage A, The following exclusion is added to Paragraph 2., and for all medical expenses caused by Exclusions of Section I - Coverage A - Bodily accidents under Section I - Coverage C, Injury And Property Damage Liability, and to which can be attributed only to ongoing Paragraph 2., Exclusions of Section I-Coverage operations at a single "project" or a single B-Personal And Advertising Injury Liability: "location"; This insurance does not apply to "bodily injury", 1. A separate Per Project General Aggregate "property damage" or "personal and advertising Limit or a separate Per Location General injury" arising out of the rendering of or failure to Aggregate Limit applies to each "project" render any professional services by you with or"location", whichever is applicable. The respect to your providing engineering, architectural Per Project General Aggregate Limit and or surveying services in your capacity as an Per Location Aggregate Limit is equal to engineer, architect or surveyor. the amount of the General Aggregate Limit Professional services include: shown in the Declarations. (1) The preparing, approving, or failing to prepare 2. The Per Project General Aggregate Limit or approve, maps, shop drawings, opinions, or the Per Location General Aggregate reports, surveys, field orders, change orders, Limit, whichever applies, is the most we or drawings and specifications; and will pay for the sum of all damages under Coverage A. except damages because of (2) Supervisory or inspection activities performed "bodily injury" or "property damage" as a part of any related architectural or included in the "products-completed engineering activities, operations hazard", and for medical This exclusion applies even if the claims against expenses under Coverage C regardless of any insured allege negligence or other wrongdoing the number of; in the supervision, hiring, employment, training or a. Insureds; monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or b. Claims made or"suits" brought; or "property damage", or the offense which caused c. Persons or organizations making the "personal and advertising injury", involved the claims or bringing "suits". rendering of or failure to render any professional 3. Any payments made under Coverage A services by you with respect to your providing for damages or under Coverage C for engineering, architectural or surveying services in medical expenses shall reduce the Per your capacity as an engineer,architect or surveyor. Project General Aggregate Limit for that This exclusion does not apply to your operations in "project" or the Per Location General connection with construction work performed by Aggregate for that "location", whichever you or on your behalf. applies. Such payments shall not reduce However, this exception to the exclusion will not the General Aggregate Limit shown in the apply if you are in the business or profession of Declarations, the Per Project General providing the professional services described Aggregate Limit for any other "project", or above independent from the construction work the Per Location General Aggregate Limit performed by you or on your behalf, for any other"location". In the event this insurance applies to any injury, 4. The limits shown in the Declarations for damage, loss, cost or expense covered by Each Occurrence, Damage To Premises Professional Liability insurance issued by a Rented To You and Medical Expense company unaffiliated with us, then the insurance continue to apply. However, instead of Page2of7 Form HS 24 50 12 20 ions its 1 22-23 GL/Auto/9W/1re/Poll/[Mfin6ibanifedmefly94234.718.7282382115eb91ENff S(P81Aage Page0113af is This certificate cancels and supersedes ALL previously issued certificates. being subject to the General Aggregate 2. "Location" means a premises an insured Limitshown in the Declarations,such limits owns or rents and where such insured will be subject to the applicable Per Project performs business operations other than General Aggregate Limit if attributable only construction-related operations. Each to ongoing operations at a single "project" "location"involving the same or connecting or the Per Location General Aggregate if lots, or premises whose connection is attributable only to ongoing operations at a separated by a street, roadway, waterway single"location". or right-of-way railroad shall be considered B. For all sums which the insured becomes legally a single "location." "Location" does not obligated to pay as damages caused by include a premises that is a"project". "occurrences" under Section I - Coverage A This provision does not apply if the Per Project and the and for all medical expenses caused by Per Location General Aggregate Limit has been accidents under Section I - Coverage C , otherwise modified by endorsement. which cannot be attributed only to ongoing 6. MEDICAL PAYMENTS COVERAGE-INCLUDING operations at a single "project" or a single PRODUCTS-COMPLETED OPERATIONS "location"; Paragraph 1.a. of the Insuring Agreement - 1. Any payments made under Coverage A Coverage C is replaced by the following: for damages or under Coverage C for 1. Insuring Agreement medical expenses shall reduce the amount available under the General Aggregate a. We will pay medical expenses as Limit or the Products-Completed described below for"bodily injury" caused Operations Aggregate Limit, whichever is by an accident: applicable;and (1) On premises you own or rent; 2. Such payments shall not reduce any Per (2) On ways next to premises you own or Project General Aggregate Limit or any Per rent; Location General Aggregate Limit. (3) Because of your operations; or C. When coverage for liability arising out of the (4) Included within the definition of the "products-completed operations hazard" is provided,any payments for damages because "products-completed operations of"bodily injury"or"property damage"included hazard;" in the"products-completed operations hazard" provided that: will reduce the Products-Completed (1) The accident takes place in the Operations Aggregate Limit, and not reduce "coverage territory" and during the the General Aggregate Limit,or any Per policy period; Project General Aggregate Limit or any Per (2) The expenses are incurred and Location General Aggregate Limit. reported to us within three years of the D. The provisions of Section III - Limits Of date of the accident; and Insurance not otherwise modified by this (3) The injured person submits to endorsement shall continue to apply as examination, at our expense, by stipulated. E. For the purposes of Paragraph 5.,the followingphysicians of our choice as often as we P 9 ph reasonably require. definitions apply: 7. INJURY TO EMPLOYEE'S REPUTATION WITH "Project" means a premises an insured does RESPECT TO INCIDENTAL MEDICAL not own or rent and where such insured MALPRACTICE performs construction-related operations. A. The following is added to Paragraph 1.e.of the Each "project" involving the same or Insuring Agreement-Coverage A connecting lots,or premises whose connection is separated by a street, roadway, waterway, (3) With respect to incidental medical railroad or right-of-way shall be considered a malpractice, "bodily injury" includes single"project". damages claimed for injury to emotions or 1. If a "project" has been abandoned and reputation of an "employee" arising out of then restarted, or if the authorized the rendering or failure to render contracting parties deviate from plans, professional health care services as a blueprints, designs, specifications or physician, dentist, nurse, emergency timetables, the "project" shall be medical technician or paramedic services. considered a single "project". "Project" does not include a premises that is a "location". Form HS 24 50 12 20 Page 3 of 7 741795116 II /fMT na'ffisn"ednehy9/123i2,92a/21f7392ih9d091FEWI(Sf3 acle P2a7jEa 231 f 13 This certificate cancels and supersedes ALL previously issued certificates. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72WEAAUOTGJ Endorsement Number: Effective Date:10/1/2022 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Sancon Technologies Inc. 5841 Engineer Dr. Huntington Beach CA 92649 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description WHERE REQUIRED BY WRITTEN CONTRACT Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date:10/1/2023 71284405 1 22-23 GL/Auto/Umb/WC/Poll/IM 1 Tina Kennedy 1 11/15/2022 2:15:09 PM (PST) 1 Page 13 of 13 This certificate cancels and supersedes ALL previously issued certificates.