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Lennova - 2022-10-19
SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LENNOVA FOR POLISH INTERIOR WALKWAYS SERVICES AT EDWARDS FIRE STATION LOCATED AT 18591 EDWARDS STREET, HUNTINGTON BEACH,CA 92648 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 Lennova,hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of polish interior walkways 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 Dave Genova,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. 22-11977/294050 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 Fourteen Thousand Nine Hundred Seven Dollars ($14,907.00) 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 October 19,2022,or as soon as practicable after the execution of this Agreement by City(the"Commencement Date")and terminate October 19,2023,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 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. 22-11977/294050 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, 22-11977/294050 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. 22-11977/294050 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. 22-11977/294050 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 Lennova Attn: Fire Chief Attn:Dave Genova 2000 Main Street 1717 Boyd Street Huntington Beach, CA 92648 Santa Ana, CA 92705 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. 22-11977/294050 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; 22-11977/294050 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. 22-11977/294050 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. 22-11977/294050 9 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) SEE ATTACHED EXHIBIT A B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 22-11977/294050 11 Exhibit A E N N O V A CONTRACT INDUSTRIAL 4 OOMMCROIAL PROTMOTIVK ROATINm >i mL LIT I ONs Polish, Non-Prevailing Wages Huntington Beach Fire,Station 6 Date: 8/4/2022 18591 Edwards St. Huntington Beach,CA Attn: Marty Ortiz Re: Polish interior walkways at Fire Station 6 based on approximately 1,225 square feet of area. * Area to be clear and free from all traffic prior to Lennova crew arrival. * Carpet and vinyl base to be removed and concrete to be visible with only some residual glue present. * Mechanically grind floors with 30/40 grit metal bond diamonds to remove residual glue. * Patch all large voids and cracks with cementitious patch. * Fill all joints with polyurea joint filler and trowel/shave smooth. * Grind floors with 60/80 metal bond diamonds to remove excess patch and to clean and prepare substrate. * Sweep and vacuum to remove fine dust. * Grind floors with Mach 3P ceramic bond grinding discs. * Spray apply Ameripolish 3D Densifier and allow to dry. * Polish floors with Sector 1 Resin bond polishing pads. * Polish floors with Sector 2 resin bond polishing pads. * Polish floors with Sector 3 resin bond polishing pads. * Apply Ameripolish Stain protector and allow to dry. * Burnish floors with 1,500 grit resin bond burnishing pad. * Bid is based on completing project in one phase and will take approximately 5 days to complete. * Bid price does not include removal of any underlayments,leveling compounds,sloping materials,off hours,overtime, carpet removal,vinyl base removal,waste disposal,or anything not specifically mentioned above. * Bid price does not include prevailing wages. Material and Labor $14,907.00 Conditions:Area to be turned over to Lennova cleaned,dry and free from all traffic.Lights,power,water, concrete surface temperature at a minimum of 66 degrees and all waste disposal to be provided by others. A late cheroe of 1,5%oer month(18%amain Is charged on as past due balances.collection expense or attorney's fees will be added If an attomev Is employed. CA.Lich 788437 1717 Boyd Street,Santa Ana,CA 92705 (562)860-3213 FAX(562)860-6913 www.lennova.net Page 1 of 2 'Exhibit A I LIMITED WARRANTY ENNOVA JO)Name: hire station b INDUSTRIAL!.COMMCROIAL PROTCOTIVC COATINGS SOLUTIONS Date: 8/4/2022 Polish, Non-Prevailing Wages Huntington Beach Fire,Station 6 18591 Edwards Street Huntington Beach, CA Attn: Marty Ortiz Re: Polish interior walkways at Fire Station 6 based on approximately 1,225 square feet of area. LIMITED WARRANTY Lennova will remove and replace any flooring applied by us for a period of one(1)year from the date of completion of installation. This warranty is not valid until the contract for which Lennova performs work under is paid in full. This warranty covers delamination or debonding solely due to workmanship or application that is contrary to the product manufacturers application specifications Lennova provides no warranty of product performance,flooring delamination or debonding due to natural causes(included but not limited to earthquake,fire,freezing,electrical malfunction or surge,pest damage,flooding,lightning, mud slide,electrical storm,hurricane,tornado,tsunami,typhoon,and cyclone) water infiltration,substrate failure,concrete cracking,pre-existing conditions of the concrete,known conditions by the owner not communicated to Lennova,unknown conditions or any unforeseen condition,moisture vapor transmission,excessive abuse,impact damage,lack of maintenance,oil or chemical(composed of any material)saturation or presence in substrate,ASR(Alkai Silicate Reaction),unreacted silicates or any contaminant what so ever. If during the warranty period repairs are made,the repair work will not trigger an additional warranty period. The period will be one(1)year from the date of completion. Terms: 30%Deposit,Balance Due Upon Completion. Terms,Conditions and Warranty Accepted By: P.O.Number: Date: David Genova Conditions:Area to be turned over to Lennova cleaned,dry and free from all traffic.Lights,power,water, concrete surface temperature at a minimum of 65 degrees and all waste disposal to be provided by others. q fate charge of 1.5%oer month(18%amuml is charted on el oast due balances.Catleclon expense or attarney's tees will be added if an attorney is employed. CA.Lic#788437 1717 Boyd Street,Santa Ana,CA 92705 (562)860-3213 FAX(562)860-6913 www.lennova.net Page 2 of 2 EXHIBIT "B" Payment Schedule(Fixed Fee Payment) SEE ATTACHED EXHIBIT B I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall 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. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress 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 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. 4. 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. 22-11977/294050 12 441E N N CI A Exhibit B CONTRACT INOU®TRIAL i OOMMa.RCIAL PROTECTIVa: COATINm 67OLUTIONa Polish, Non-Prevailing Wages Huntington Beach Fire, Station 6 Date: 8/4/2022 18591 Edwards St. Huntington Beach,CA Attn: Marty Ortiz Re: Polish interior walkways at Fire Station 6 based on approximately 1,225 square feet of area. * Area to be clear and free from all traffic prior to Lennova crew arrival. * Carpet and vinyl base to be removed and concrete to be visible with only some residual glue present. * Mechanically grind floors with 30/40 grit metal bond diamonds to remove residual glue. * Patch all large voids and cracks with cementitious patch. * Fill all joints with polyurea joint filler and trowel/shave smooth. * Grind floors with 60/80 metal bond diamonds to remove excess patch and to clean and prepare substrate. * Sweep and vacuum to remove fine dust. * Grind floors with Mach 3P ceramic bond grinding discs. * Spray apply Ameripolish 3D Densifier and allow to dry. * Polish floors with Sector 1 Resin bond polishing pads. * Polish floors with Sector 2 resin bond polishing pads. * Polish floors with Sector 3 resin bond polishing pads. * Apply Ameripolish Stain protector and allow to dry. * Burnish floors with 1,500 grit resin bond burnishing pad. * Bid is based on completing project in one phase and will take approximately 5 days to complete. * Bid price does not include removal of any underlayments,leveling compounds, sloping materials,off hours,overtime, carpet removal,vinyl base removal,waste disposal,or anything not specifically mentioned above. * Bid price does not include prevailing wages. Material and Labor $14,907.00 Conditions:Area to be turned over to Lennova cleaned,dry and free from all traffic.Lights,power,water, concrete surface temperature at a minimum of 65 degrees and all waste disposal to be provided by others. A late charm of 1.5%per month(18%annum)is chapati on all oast due balances.Colecton expense or attomey's fees will be added if an attorney is employed. CA.LIc#788437 1717 Boyd Street,Santa Ana,CA 92705 (562)860-3213 FAX(562)860-6913 www.iennova.net Page 1 of 2 ...._.................._... ............._............._._._ .. I Exhibit B LIMITED WARRANTY ENNDV A JOD name: F ire utation l7 INOUBTR/ALA OOMMEROIAL PROTECTIVE OG]ATINO BOLt]TIONW Date: 8/4/2022 Polish, Non-Prevailing Wages Huntington Beach Fire,Station 6 18591 Edwards Street Huntington Beach, CA Attn: Marty Ortiz Re: Polish interior walkways at Fire Station 6 based on approximately 1,225 square feet of area. LIMITED WARRANTY Lennova will remove and replace any flooring applied by us for a period of one(1)year from the date of completion of installation. This warranty is not valid until the contract for which Lennova performs work under is paid in full. This warranty covers delamination or debonding solely due to workmanship or application that is contrary to the product manufacturers application specifications.Lennova provides no warranty of product performance,flooring delamination or debonding due to natural causes(included but not limited to earthquake,fire,freezing,electrical malfunction or surge,pest damage,flooding,lightning, mud slide,electrical storm,hurricane,tornado,tsunami,typhoon,and cyclone) water infiltration,substrate failure,concrete cracking,pre-existing conditions of the concrete,known conditions by the owner not communicated to Lennova,unknown conditions or any unforeseen condition,moisture vapor transmission,excessive abuse,impact damage,lack of maintenance,oil or chemical(composed of any material)saturation or presence in substrate,ASR(Alkai Silicate Reaction),unreacted silicates or any contaminant what so ever. If during the warranty period repairs are made,the repair work will not trigger an additional warranty period. The period will be one(1)year from the date of completion. Terms: 30%Deposit,Balance Due Upon Completion. Terms,Conditions and Warranty Accepted By: P.O.Number: Date: David Genova Conditions:Area to be turned over to Lennova cleaned,dry and free from all traffic.Lights,power,water, concrete surface temperature at a minimum of 65 degrees and all waste disposal to be provided by others. A late charge of 1.5%per month(18%annum)is shamed on all oast due balances.Collection expense or a tometfs fees wit be added if an attorney is employed. CA.Licit 788437 1717 Boyd Street,Santa Ma,CA 92705 (562)860-3213 FAX(562)860-6913 www.iennova.net Page 2 of 2 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 LENNOVA, municipal corporation of the State of California k - By: , 0444AI Mayor , Print name -ITS; (:cycle one)Chairman/President/ 94;) 441241k1444) Vice President, City Clerk AND By: Le,:)c__ ôi -772 INITIATED AND APPROVED: / Print name - ITS: (circle one) Secretar Chief Finances Officer/Asst. Secretary-Treasurer Fire Chief APPROVED AS TO FORM: City Attorney ktij REVIEWED A (ID APP' •VED: 11111k1L\ Ci'Rif ' 22-11977/294050 10 LIC#0755080 AC R '[ CERTIFICATE OF LIABILITY INSURANCE DATEISUBODmn") keener'''' 11/10/2022 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the polloy(Ies)must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION 18 WAIVED,subject to the terms and conditions of the policy.certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). ___ PRODUCER CONTACT tilts Insurance Agency NAI�1L_ been Balser' _._.__.._.. _ _.___ 12223 Highland Ave.6106-604 'YH011E I•tar.. 09_...._5 _._1..._, E,a,;(909�312�4894 !rArc.Nol:S909f 435-4861 Rancho Cucamonga CA 91739 Mass;uitaInsagmail.com _.._....._...._. ..._..!tiSLIBIT tIS}AFFIAOIN9COVERAGE NAIL a INSURER A;Evanston insurance Company 35378 INSURED Ganerd,Inc dba Lennova msuRE a;ArGUARD Insurance Company__ _ _ 42380 1717 Royd St Ca ItoI indemnity Corporation ^• .t1O472 _-^- Sente Ana CA 92706 .�SUB�4E� �.._......r„._.v._.._.....w._.,......____.._..�___..._.._._ !CW-Insurance Co of the West ,27847 12Jy� INSURER !... 'Hump E:ivanston insurance Company�__......_...__. +3637e _INSURER F.Evanston Insurance Company lassie 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. LTR, TYPEOF INSURANCE ,I„ , POLICY NUMBER OMAR OIYYYYJ tAMdDOJYYYYL 1 LIMITS d COMMERCIAL GENERAL UABIUTY o el EACH OCCURRENCE E 1,000,000 ICLAIMS-MADE �✓ OCCUR ` tTlitiMGETORENT _• ._._Ufa stscraini. $500,000_." - ✓ Owner's Contractor Prot `' I rtdED EXP An oa $15 000 A ✓ Contractual Llabuitjr __.^_.._...._. ! 2AA357946 AP OV£D AS T J&AD JuRy • . .__i_.....__.__-.-- ._._.. ._._._. fRP/�b22 02111120Z3 PERsoraLBADVWJt1RY s 1000LOQI) Sin DATE L�IMIT.APPLIES PER •GENERAL AGGREGATE 12,000,000 _ POLICY ACT ❑L°C 8y: _PRODU_cTS-coMPIOPJ�GG s.2,000,000_._____ OTHER MIC E.GATES PPC Limit of insurai $$284,109 AU OMOINLE LIABILITY ��,/( OF HUNTINGTONU OIi U stNG11L110 s 1,000,400 ,%ANY AUTO `• CITY BEACH r(ga_,�c� l° ___.._.._—_.__--__.._._..__._.__. _ { 1 BODILY INJURY(Per person) 5 B °nL�1TNOS ONLY ✓ SC EO D GEAU227093 110113/2022 10/13/2023 ,BODILY INJURY(Per accident) s'_............_._...___._ ✓ HIRED ONLY `� NNOONOS NLY I r t VOIL 1'PIWiTgGE " 5 _......,... ........._ ^ $ If UMBRELLA um] ,H OCCURLitp EACH OCCURRENCE 5,Q00,000 C EXCESS LIAR ciAIMs-MADE I X819001017-03 102111/2022 02111/2023 AGGREGATE $5,000,000 DEO El RETENTIONS - -_ S _._.__... _.:._.._. WORKERS COMPENSATION 1 ✓ f P�R O AND EMPLOYERS'LIABILITY � LJ}7{ �. .. -..-.-.. .___... ._....._ D {o Y ROP IETTO�R ARTNERE ECUTIVE Yf,1 NIA, WVE-6082362-01 110/01/2022 10/01/2023 1,EL EacHacCIDENT s 1,000,000 ! I t_..,. .._.,. ._ ..__ __.._. .. .__ _.__.._.__... .. rattler In NHI E_L.DISEASE:EA EMPLOYEE,t 1,000,000 DESCRIPTION of OPERATIONS below EL DISEASE•POLICY WIT $1,0a0,060 B .Pollution Liability 1✓a I CPLM0L107434-01 E07/2612022 07128/2023 Par Occurence/Oen Agg $2,000,000 F ;Contractors Equipment Rented 2AA367946 ,02111/2022 02/11/2023 1 LLsassd Equipment ,J i I Limit i227,702 DESCRIPTION OF OPERATIONS J LOCATIONS 7 VEHICLES 4ACORO 101,Addinoasl Remarks Schedule,may Ito attachod If more spew Is rveulred) Project:Huntington Beach Firs Station 06,18591 Edwards Street Huntington Beech,CA 92848 Certificate Holder Is listed as Additional Insured with respects to the operations of the Named Insured. '10 Day Notice of Cancellation applies for non payment of the premium. '30 Day Notice in the eventof Cancellation,Non.Renewal,.or Material Reductlon.in.Coverage. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Fire Chief EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street •. Huntington Beach,CA 9264E A lEO E SEIITATIVE I na Balser) 01988- 15 ACORD CORPORATION, All rights reserved. ACORO 25(2016/03) The ACORD name and logo are regis marks ACORO POLICY NUMBER: 2AA357945 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Huntington Beach, its officers,elect 1717 Boyd St, Santa Ana, CA, 92705 ed or appointed officials, employees agents and volunteers. Attn: Fire Chief 2000 Main Street, Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above,will be shown In the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional Insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodilyinjury" or damage" or "personal and advertising injury" pp y caused, in whole or in part, by: "property damage"occurring after: 1. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following Is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 O Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: 2AA357945 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Orcianization(s) City of Huntington Beach, its officers,elect 1717 Boyd St, Santa Ana, CA, 92705 ed or appointed officials, employees agents and volunteers. Attn: Fire Chief 2000 Main Street, Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional Insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by This endorsement shall not increase the applicable law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 • Policy Number: 2AA357945 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed In writing in a contract Condition and supersedes any provision to the or agreement that this Insurance would contrary: be primary and would not seek contribu- Primary And Noncontributory Insurance tion from any other Insurance available This Insurance is primary to and will not seek to the additional insured. contribution from any other insurance avail- able to an additional Insured under your poli- cy provided that: (1) The additional Insured is a Named In- sured under such other Insurance; and u CG 20 01 0413 ® insurance Services Office, Inc., 2012 Page 1 of 1 ' I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 3 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE 2AA357945 11/14/2022 EVANSTON INSURANCE COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE Genard, Inc 210884 1717 Boyd St Amwins Access Insurance Services, LLC Santa Ana CA 92705 2010 Main Street Suite 700 Irvine CA 92614 COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY COVERAGE PART CHANGES IN CONSIDERATION OF AN ADDITIONAL PREMIUM SHOWN BELOW, IT IS HEREBY AGREED THAT FOLLOWING CHANGES ARE MADE TO THE POLICY: THE FOLLOWING ADDITIONAL INSURED IS ADDED PER ATTACHED FORMS: CG 20 10 04 13 - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION CG 20 37 04 13 - ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS - COMPLETED OPERATIONS CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. ATTN: FIRE CHIEF 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 ADDITIONAL PREMIUM: $350.00 TAX: $10.50 STAMPING FEE: $0.88 TOTAL ADDITIONAL PREMIUM: $361.38 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 ❑ Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: 2AA357945 COMMERCIAL GENERAL LIABILITY CG24040609 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and Included in the "products-completed operations hazard". This waiver applies only to the person or organi- zation shown in the Schedule above. CG 24 04 05 09 ® Insurance Services Office, Inc., 2008 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHER S ENDORSEMENT-BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 2 %of the total California Workers'Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ALL CA OPERATIONS ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2022 Policy No.WVE 5062352 01 Endorsement No. Insured GENARD, INC. Premium $ INCL Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed. 8-00) INSURED COMMERCIAL AUTO BA99011115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. 1. SUPPLEMENTARY PAYMENTS — EXPANDED b. Any of your"employees"or agents;or COVERAGE c. Any person, except the lessor or any SECTION 11 — COVERED AUTOS LIABILITY "employee" or agent of the lessor, COVERAGE, 2.a. Supplementary Payments, operating a "leased auto" with the paragraphs (2) and (4) are replaced by the permission of any of the above. following: The coverages provided under this endorsement (2) Up to $2,500 for cost of bail bonds (including apply to any"leased auto"until the expiration date bonds for related traffic violations) required of this policy, or when the lessor or his or her because of an"accident"we cover.We do not agent takes possession of the "leased auto", have to furnish these bonds. whichever occurs first. (4) All reasonable expenses incurred by the With respect only to the coverage provided by this "insured" at our request, including actual loss endorsement: of earnings up to$300 a day because of time "Leased auto" means an "auto" leased or rented off from work. to you for a term of 6 months or longer, including 2. AMENDED FELLOW EMPLOYEE EXCLUSION any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a SECTION II — COVERED AUTOS LIABILITY leasing or rental agreement that requires you to COVERAGE, B. Exclusions, 5. Fellow provide direct primary insurance for the lessor. Employee does not apply to "bodily injury" "Leased auto" does not include an "auto" that Is resulting from the use of a covered "auto" you leased, hired, rented or borrowed with a driver. own or hire. The insurance provided under this provision is 4. HIRED AUTO PHYSICAL DAMAGE excess over any other collectible insurance. SECTION III — PHYSICAL DAMAGE COVER- AGE, A. COVERAGE is amended by adding the 3. LESSORS AS INSUREDS following: Any "leased auto" will be considered a covered If hired "autos" are covered "autos" for Liability "auto" you own and not a covered "auto" you hire Coverage, and if Comprehensive Coverage, or borrow. Specified Causes of Loss Coverage, or Collision Coverage is provided under the Business Auto For a "leased auto", Who Is An Insured is Coverage Form for anyauto" you own, then the changed to include as an "insured" the lessor. However, the lessor Is an "insured" only for Physical Damage coverage provided applies to "autos" "bodily injury"or"property damage resulting from you hire, rent or borrow subject to the the acts or omissions by: following: a. You; BA 99 01 11 16 includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 3 COMMERCIAL AUTO—Business Auto Broad Form Endorsement The most we will pay for "loss" in any one In the event of the total theft of an owned "auto" "accident"is the least of the following amounts: that is covered for Comprehensive Coverage or a. $75,000; Specified Causes of Loss Coverage, we will also pay for loss"to"covered personal property" b. The actual cash value of the damaged or contained in the auto at the time of the theft. The stolen property as of the time of the"loss" most we will pay for"loss" in any one"accident" is minus a$500 deductible;or $600 or the actual cash value of the stolen c. The cost of repairing or replacing the personal property as of the time of the "loss". A damaged or stolen property with property deductible does not apply. of like kind and quality minus a $500 An adjustment for depreciation and physical deductible. condition will be made in determining actual cash An adjustment for depreciation and physical value in the event of a total"loss". condition will be made in determining actual cash If a repair or replacement results in better than value in the event of a total"loss". like kind or quality, we will not pay for the amount If a repair or replacement results in better than of the betterment. like kind or quality, we will not pay for the amount The insurance provided under this provision is of the betterment. excess over any other collectible insurance. A hired, rented or borrowed "auto" does not "Covered personal property" means tangible include any "auto" you hire, rent, or borrow from property that is ordinarily worn or carried by a any of your "employees", partners (if you are a person and owned by an employee or customer partnership), members(if you are a limited liability of yours, but does not include tools, jewelry, company)or members of their households money or securities. The insurance provided under this provision is 6. AIRBAG COVERAGE excess over any other collectible insurance. With respect only to the coverage provided by this SECTION III — PHYSICAL DAMAGE endorsement, SECTION IV, BUSINESS AUTO COVERAGE, B Exclusions, paragraph 3. does CONDITIONS, B. General Conditions, 5. Other not apply to the accidental discharge of an airbag. Insurance,paragraph b. does not apply. 9. GLASS REPAIR—WAIVER OF DEDUCTIBLE 5. ADDITIONAL TRANSPORTATION EXPENSE SECTION III — PHYSICAL DAMAGE COVER- COVERAGE AGE, D. Deductible is amended by adding the SECTION ill — PHYSICAL DAMAGE COVER- following: AGE, A. Coverage, 4. Coverage Extensions, a. No deductible applies to glass damage if the Transportation Expenses is amended to pay up glass is repaired rather than replaced. to$50 per day up to a maximum of$1,000. 10. ELECTRONIC EQUIPMENT — BROADENED 6. EXTRA EXPENSE—BROADENED COVERAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVER- SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is AGE, B. Exclusions. The exceptions to amended by adding the following: exclusions 4.c.and 4.d.are amended to add: in the event of the total theft of a covered 'auto", e. Any other electronic equipment installed by we will pay the expense of returning it to you. the auto manufacturer or auto dealer for which the value of the equipment was included In the original purchase price of the auto. 7. LIMITED PERSONAL PROPERTY COVERAGE SECTION III — PHYSICAL DAMAGE COVER- 11. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS AGE, A. Coverage is amended by adding the following: BA 99 01 11 16 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 2 of 3 COMMERCIAL AUTO—Business Auto Broad Form Endorsement SECTION IV — BUSINESS AUTO CONDITIONS 2. A partner, if your business is a partnership, is amended by adding the following: 3. A member if your business is a limited liability If you unintentionally fail to disclose any hazard of company, exposure existing as of the inception date of this 4. An executive officer or the employee policy, the coverage afforded by the Business designated by you to give such notice if your Auto Coverage Form will not be voided. business is a corporation or any other type of 12. AMENDED DUTIES IN THE EVENT OF business entity. ACCIDENT,CLAIM,SUIT OR LOSS 13. BODILY INJURY REDEFINED SECTION IV - BUSINESS AUTO CONDITIONS, SECTION V — DEFINITIONS, C. is replaced by A. Loss Conditions, 2. Duties In The Event Of the following: Accident, Claim, Suit is amended by adding the following: "Bodily Injury" means bodily injury, sickness or You must give us notice of an "accident", claim, disease sustained by a person including mental "suit"or"loss"only when it is known to: anguish or death resulting from any of these. 1. You, if you are an individual or your business is a sole proprietorship, BA 99 01 11 15 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 3 of 3 COMMERCIAL AUTO BA 99 02 09 08 BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV-BUSINESS AUTO CONDITIONS,A. Loss Conditions, 5.Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form, BA 99 02 09 08 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 I N G7 �, o .•-,, .............� � � City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 a -= 'Q (714) 536-5227 • www.huntingtonbeachca.gov coUN..... /�� Office of the City Clerk Robin Estanislau, City Clerk December 12, 2022 Lennova Attn: Dave Genova 1717 Boyd Street Santa Ana, CA 92705 Dear Mr. Genova: Enclosed is a fully executed duplicate original of the Service Agreement between the City of Huntington Beach and Lennova for Polish Interior Walkways Services at Edwards Fire Station Located at 18591 Edwards Street, Huntington Beach, CA 92648. Sincerely, itif4t) edblizztlAd Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan