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Snowden Electric Company, Inc. - 2023-01-01 (3)
AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SNOWDEN ELECTRIC COMPANY, INC. FOR ELECTRICAL INSTALLATIONS, REPAIR AND MAINTENANCE SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and SNOWDEN ELECTRIC COMPANY, INC., a California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated January 1, 2023, entitled "Service Agreement Between the City of Huntington Beach and Snowden Electric Company, Inc." which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). The additional sum shall be added to the original sum of Four Hundred Thousand Dollars ($400p00.00), for a new contract amount not to exceed One Million Nine Hundred Thousand Dollars ($1,900,000.00). 23-12787/307893 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on April 1 , 2023. SNOWDEN ELECTRIC COMPANY, INC. CITY OF HUNTINGTON BEACH, a '1 municipal corporation of the State of California By: ONAleikt print name ITS: (circle one)Chairman/Presiden ice Presi en Mayor AND City Clerk By: 5,eafkkV// ti,h&ma INITIATED AN APPROVED: print name I -' cle one)Secretary hief Financial Office •sst.Secretary-Treasurer Director of Public Works APPROVED AS TO FORM: COUNTERPART City Attorney 23-12787/307893 2 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on April 1 , 2023. SNOWDEN ELECTRIC COMPANY, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name L� ITS: (circle one)Chairman/PresidentNice President Mayor 9/6-/-4110,141-d AND City Clerk SI/ By: INITIATED AN APPROVED: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED FORM: COUNTERPART it ttorney 23-12787/307893 2 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SNOWDEN ELECTRIC COMPANY,INC. FOR ELECTRICAL INSTALLATIONS,REPAIR AND MAINTENANCE 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 Snowden Electric Company, 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 electrical installations,repair and maintenance services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW,THEREFORE,it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Robert Sanchez,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. 22-12157/297250 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 Four Hundred Thousand Dollars ($400,000.00) per year, for any one year, during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works Department's annual not to exceed amount. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed,subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence I /.3, or as soon as practicable after the execution of this Agreement by City(the"Co rr(encement 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 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. 22-12157/297250 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, 22-12157/297250 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. 22-12157/297250 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. 22-12157/297250 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 I hereinabove)or to City as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service,to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Snoweden Electric Company, Inc. Attn: Director of Public Works Attn: Robert Sanchez 2000 Main Street 6820 Orangethorpe Avenue, Suite A Huntington Beach, CA 92648 Buena Park, CA 90620 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. 22-12157/297250 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; 22-12157/297250 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. 22-12157/297250 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. 22-12157/297250 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein, CONTRACTOR CITY OF HUNTINGTON BEACH, a SNOWDEN ELECTRIC COMPANY,INC. municipal corporation of the State of California By:_-'� Mayor 4%.-5 87 t, ul� s Print name 944/Z14,144d ITS: (circle one) Chairman/President/ 421 rem en City Clerk /P-A//2 Pt AND /4e By: z �%��.C.� INITIATES AND APPR• Print name ITS: (circle one) Seeretar Chief Financia/ Asst. Secretary-Treasurer — am -i/—�► Director o P ` orks APPROVED AS .`IRM: City Attorney IEWED ND AP:'ROVED: its ► 22-12157/297250 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide electrical installations,repair and maintenance services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 22-12157/297250 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 22-12157/297250 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. 22-12157/297250 13 EXHIBIT $ GENERAL CONTRACTING/PAINTING/ELECTRICAL AND MECHANICAL MAINT.SERVICES BID SHEETS ELECTRICAL INSTALLATIONS,REPAIR AND MAINTENANCE SERVICES Contractor Name: Snowden Electric Company Date:9/28/2022 instructions for completing Bid Sheet: 1.Complete Bid Sheet and enter pricing for ONLY those services your farm.can,provide. 2.Attach and include in your submittal only those bid sheets you are quoting. 3.Attach a current rate sheet/fee schedule and include with your submittal. 4.Fill in the company name above and the boxes below,circle$or%sign for markup. ITEM NORMAL BBUSINESS HOURS Labor hourly rate $105.00 Materials markup $or% 15% SNOWDEN • Tis ELECTRIC 2i, COMPANY -- A WARD WINNERS FOR ELECTRICAL EXCELLENCE AND DESIGN Awards Sponsored by LA&Orange County NECA Chapter Time & Material Rate Sheet FIRST ELECTRICIAN STRAIGHT TIME $ 105.00 OVERTIME $ 147.00 DOUBLE TIME $ 189.00 SECOND ELECTRICIAN STRAIGHT TIME $ 98.00 OVERTIME $ 137.00 DOUBLE TIME $ 176.00 APPRENTICE STRAIGHT TIME $ 84.00 OVERTIME $ 117.00 DOUBLE TIME $ 151.00 MATERIAL HANDLER/TRUCK DRIVER STRAIGHT TIME $ 60.00 OVERTIME $ 84.00 DOUBLE TIME $ 108.00 ENGINEER $ 190.00 CAD OPERATOR $ 130.00 SERVICE TRUCK PER DAY (IF APPLICABLE) $ 120.00 MATERIAL CONTRACTOR NET PLUS 10% + 5% DIRECT JOB EXPENSES NET PLUS 10% *FOUR HOUR MINIMUM **NONE OF THE RATES INCLUDE SHIFT WORK. DEPENDING ON THE SIZE AND JOB DURATION, SOME OTHER ARRANGMENTS CAN BE ARRANGED, Rates Valid thru December 31, 2022 6820 ORANGETHORPE AVENUE ESTIMAT G FAX(714)522-692 STATE LICENCES CA1 522-16904) FAX(714)523-9043 39 601 N IBEW Member Ac R CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDTYYY) La..--- 11/18/2022 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 poiicy(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[feu of such endorsement(s). PRODUCER Bolton Insurance Services LLC NAME:CONTACT 3475 E.Foothill Blvd., Suite 100 (Al FAX c°°.NNO.EXtI: (626)799-7000 l .No): (626)583-2117 Pasadena, CA 91107 EMAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.boltonco.com 6004772 INSURER A: Travelers Indemnity Company of CT 25682 INSURED INSURER B: Travelers Property Casualty Co of Amer 25674 Snowden Electric Company, Inc.6820 Orangethorpe Ave,, Unit A INSURER C: Indian Harbor Insurance Company 36940 Buena Park CA 90620 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 71365514 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSO WVD POLICY NUMBER (MM/DDIYYYY) (MMJDD/YYYY) A ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ DT22C08120C316TCT22 10/1/2022 10/1/2023 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE I ✓I OCCUR PREMISES(Ea occurrence) $300,000 ✓ $5,000 PD Ded MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: APP VED—A,TO FOR'') GENERAL AGGREGATE $4,000,000 POLICY / 78- LOC NN PRODUCTS-COMP/OPAGG $4,000,000 OTHER: nY:... -�--,�. S B AUTOMOBILE LIABILITY Si 8106N5893472226G �'L• �5 9,�(�`s 10/1/2023 �EesaddabtSINGLE LIMIT $1,000,000 CITY A CC�51fr�Elf ✓ ANY AUTO CM OF HUNTINGTON BEACH 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 I OCCUR CUP8J6720282226 10/1/2022 10/1/2023 EACH OCCURRENCE $5,000,000 — ✓ EXCESS LIAB CLAIMS-MADE AGGREGATE _ S5,000,000 DELI / RETENTION$10,000 $ B WORKERS COMPENSATION U86J6121162226G 10/1/2022 'I0/1/2023 ✓ STATUTE ERH AND EMPLOYERS'LIABILITY Y!N ANYPROPRIETOR/PARTNER/EXECUTIVE El,EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED7 N N 1 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 PEC005506003 10/1/2022 10/1/2023 $1,000,000 Each Claim/$2,000,000 Aggreg C Contractor's Errors&Omission PEC005506003 10/1/2022 10/1/2023 $1,000,000 Each Claim/$2,000,000 Aggreg DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:City of Huntington Beach Resolution 2008-63. • GL Additional Insured applies per CGD3610305&CG20370704 attached,only if required by written contract/agreement.Auto Additional Insured applies per CAT3530215 attached.GL Primary&Non-Contributory Wording applies per CGT1000219 attached. GL Waiver of Subrogation applies per CGD3160219 attached.GL and Auto Notice of Cancellation Clauses apply per ILT0010107 attached. Additional Insured(s):City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach Resolution 2008-63 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 I David Kuo 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 71365514 I SNOED-1 122-23 GL/AUTO/XS/uC/ELO(POLL) I Mimi Phan 111/18/2022 4,13,25 PM (PST) I Page 1 of 14 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22C08120C316TCT22 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 Names of Additional Insured Person(s)or Organization(s): City of Huntington Beach, its officers, elected or appointed officials, employees,agents and volunteers Location of Covered Operations: 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 in- This insurance does not apply to"bodily injury" or dude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed,after: damage", "personal injury" or "advertising injury" 1. Ail work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s)at the loca- tion of the covered operations has been corn- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig 2. That portion of "your work" out of which the nated above. injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: tor engaged in performing operations for a principal as a part of the same project. i CO D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 71365514 1 SNOWD-1 1 22-23 GL/AUTO/XS/49C/E40(POLL) 1 Mimi Phan 1 11/18/2022 4,13,25 PM (PST) 1 Page 9 of 14 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22C08120C316TCT22 ISSUE DATE: - 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 SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): City of Huntington Beach, its officers, elected or appointed officials, employees,agents and volunteers Location And Description Of Completed Operations 2000 Main Street Huntington Beach CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of dude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or"property dam- tions hazard". age"caused, in whole or in part, by"your work" at the CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 71365514 I StI0i4D-1 122-21 81./AUTO/XS/WC/E60(POLL) 4 Mimi Phan 111/18/2022 4:13,25 PM (PST) I Page 8 of 14 , COMMERCIAL GENERAL LIABILITY DT22C08120C316TCT22 c. Method Of Sharing a. The statements In the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each Insurer contributes representations you made to us; and equal amounts until it has paid Its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations, whichever comes first. The unintentional omission of, or unintentional error if any of the other insurance does not permit In, any Information provided by you which we relied contribution by equal shares, we will contribute upon in Issuing this policy will not prejudice your by limits, Under this method, each Insurer's rights under this insurance. However,this provision share Is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or Insurance of all Insurers. nonrenewal in accordance with applicable Insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds if you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- Insurance applies: contributory basis, this insurance is primary to a, As if each Named Insured were the only other insurance that is available to such insured Named Insured;and which covers such Insured as a named Insured, and we will not share with that other insurance, b. Separately to each Insured against whom claim provided that: is made or"suit"is brought. (1) The"bodily injury"or"property damage"for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs;and To Us (2) The "personal and advertising Injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us.The Insured must subsequent to the signing of that contract or do nothing after loss to impair them.At our request, agreement by you. the Insured will bring "suit" or transfer those rights 6, Premium Audit to us and help us enforce them. 9. When We Do Not Renew a. We will compute all premiums for this Coverage if we decide not to renew this Coverage Part,we will Part in accordance with our rules and rates. mail or deliver to the first Named insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only,At not less than 30 days before the expiration date. the close of each audit period we will compute if notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named insured.The due date for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that Is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters.For the purposes of this definition: c, The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication;and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy,you agree: for the purposes of attracting customers or supporters Is considered an advertisement. Page 18 of 21 a 2017 The Travelers Indemnity Company.All rights reserved. CO T1 00 02 19 Includes copyrighted material of Insurance services office,Inc.with Its permission. 71365514 1 SNOW"-1 1 22-23 GL/AU'CO/XS/OC/£60(POLL) 1 Vimi Phan 1 11/18/2022 4:13:25 PM (PST) 1 Page 10 of 14 . COMMERCIAL GENERAL LIABILITY DT22C00120C31 BTCT22 C. INCIDENTAL MEDICAL MALPRACTICE pharmaceuticals committed by, or with the 1. The following replaces Paragraph b. of the knowledge or consent of,the insured. definition of "occurrence" in the 6. The following is added to the DEFINITIONS DEFINITIONS Section: Section: b. An act or omission committed in providing "Incidental medical services"means: or failing to provide "incidental medical services", first aid or "Good Samaritan a. Medical,surgical, dental,laboratory,x-ray services" to a person, unless you are in or nursing service or treatment, advice or the business or occupation of providing instruction, or the related furnishing of professional health care services, food or beverages; or 2. The following replaces the last paragraph of b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION II — WHO IS medical, dental, or surgical supplies or AN INSURED: appliances. Unless you are in the business or occupation 6. The following is added to Paragraph 4.b., of providing professional health care services, Excess Insurance, of SECTION IV — Paragraphs (1)(a), (b), (c) and (d) above do COMMERCIAL GENERAL LIABILITY not apply to "bodily Injury" arising out of CONDITIONS: providing or failing to provide: This insurance is excess over any valid and (a) "Incidental medical services" by any of collectible other insurance, whether primary, your "employees" who is a nurse, nurse excess, contingent or on any other basis,that assistant, emergency medical technician Is available to any of your "employees" for or paramedic;or "bodily injury" that arises out of providing or (b) First aid or"Good Samaritan services" by failing to provide "incidental medical services" any of your "employees" or "volunteer to any person to the extent not subject to workers", other than an employed or Paragraph 2.a.(1) of Section II — Who is An volunteer doctor. Any such "employees" Insured. or"volunteer workers" providing or failing D. BLANKET WAIVER OF SUBROGATION to provide first aid or "Good Samaritan services" during their work hours for you The following is added to Paragraph 8., Transfer will be deemed to be acting within the Of Rights Of Recovery Against Others To Us, scope of their employment by you or of SECTION IV — COMMERCIAL GENERAL performing duties related to the conduct LIABILITY CONDITIONS: of your business. if the insured has agreed in a contract or 3. The following replaces the last sentence of agreement to waive that Insured's right of Paragraph 6. of SECTION III — LIMITS OF recovery against any person or organization, we INSURANCE: waive our right of recovery against such person or For the purposes of determining the organization, but only for payments we make applicable Each Occurrence Limit, all related because of: acts or omissions committed In providing or a. "Bodily injury" or "property damage" that failing to provide "incidental medical occurs; or services", first aid or "Good Samaritan services"to any one person will be deemed to b. "Personal and advertising injury" caused by be one"occurrence". an offense that is committed; 4. The following exclusion is added to subsequent to the execution of the contract or Paragraph 2., Exclusions, of SECTION I — agreement. COVERAGES - COVERAGE A — BODILY E. CONTRACTUAL LIABILITY—RAILROADS INJURY AND PROPERTY DAMAGE LIABILITY: 1. The following replaces Paragraph c. of the Sate Of Pharmaceuticals definition of "insured contract" in the "Bodily injury" or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or c. Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 16 0219 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. 71365514 1 SNOWD-1 i 22-23 GL/AUTO/XS/hC/E&O(POLL) 1 Mimi Phan 1 11/10/2022 4:13:25 PM (PST) 1 Page 11 of 14 COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured a. Any premises while rented to you or contract" in the DEFINITIONS Section is temporarily occupied by you with permission deleted. of the owner; or F. DAMAGE TO PREMISES RENTED TO YOU b. The contents of any premises while such The following replaces the definition of"premises premises is rented to you, if you rent such damage" In the DEFINITIONS Section: premises for a period of seven or fewer consecutive days, "Premises damage"means"property damage"to: CG D3 16 02 19 ©2017 The Travelers Indemnity Company.All rights reserved, Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc„with its permission. 71365514 1 5"OFO-1 1 22-23 GL/AUTO/XS/ttC/a&O(POLL) 1 Mimi Phan 1 11/18/2022 4:13:25 P11 (PST) 1 Page 12 of 14 DT22C08120C316TCT22 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions; A. Cancellation D. Inspections And Surveys 1. The first Named Insured shown In the Decla- 1. We have the right to: rations may cancel this policy by mailing or a. Make inspections and surveys at any delivering to us advance written notice of time; cancellation. 2. We may cancel this policy or any Coverage b. Give you reports on the conditions we find;and Part by mailing or delivering to the first Named Insured written notice of cancellation c. Recommend changes. at least: 2. We are not obligated to make any inspec- a. 10 days before the effective date of can- tions, surveys, reports or recommendations cellation if we cancel for nonpayment of and any such actions we do undertake relate premium; or only to insurability and the premiums to be b. 30 days before the effective date of can- charged. We do not make safety inspections. YWe do not undertake to perform the duty of cellation if we cancel for any other rea any person or organization to provide for the son. health or safety of workers or the public. And 3. We will mail or deliver our notice to the first we do not warrant that conditions: Named Insured's last mailing address known a. Are safe or healthful; or to us. 4. Notice of cancellation will state the effective b. Comply with laws, regulations, codes or standards. date of cancellation. if the policy is cancelled, that date will become the end of the policy pe- 3. Paragraphs 1. and 2. of this condition apply riod. If a Coverage Part is cancelled, that not only to us, but also to any rating, advisory, date will become the end of the policy period rate service or similar organization which as respects that Coverage Part only. makes insurance inspections, surveys, re- j 5. If this policy or any Coverage Part is can ports or recommendations. celled, we will send the first Named Insured 4. Paragraph 2. of this condition does not apply any premium refund due. If we cancel,the re- to any inspections, surveys, reports or rec- fund will be pro rata. If the first Named In- ommendations we may make relative to certi- sured cancels, the refund may be less than fication, under state or municipal statutes, or- pro rata. The cancellation will be effective dlnances or regulations, of boilers, pressure even if we have not made or offered a refund. vessels or elevators. 6. If notice is mailed, proof of mailing will be suf- E. Premiums ficient proof of notice. 1. The first Named insured shown in the Decla- B. Changes rations: This policy contains all the agreements between a. Is responsible for the payment of all pre- you and us concerning the insurance afforded. miums; and The first Named Insured shown in the Declare- b. Will be the payee for any return premi- tions is authorized to make changes in the terms urns we pay. of this policy with our consent. This policy's terms 2. We compute all premiums for this policy in can be amended or waived only by endorsement accordance with our rules, rates, rating plans, issued by us as part of this policy. premiums and minimum premiums. The pre- C. Examination Of Your Books And Records mium shown in the Declarations was corn- We may examine and audit your books and puted based on rates and rules In effect at records as they relate to this policy at any time the time the policy was issued. On each re- during the policy period and up to three years newel continuation or anniversary of the ef- afterward. fective date of this policy,we will compute the IL TO 01 01 07 (Rev.06-09) Includes the copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 2 11365514 1 SNOWD-1 122-23 GL/AUTO/%S/SCC/E40(POLL) 1 Mimi Phan 111/18/2022 4:13,25 PM (PST) 1 Page 13 of 14 premium in accordance with our rates and appointed, anyone having proper temporary cus- rules then in effect. tody of your property will have your rights and F. Transfer Of Your Rights And Duties Under duties but only with respect to that property. This Policy Your rights and duties under this policy may not G. Equipment Breakdown Equivalent to Boiler be transferred without our written consent except and Machinery in the case of death of an individual named in- On the Common Policy Declarations, the term sured. Equipment Breakdown is understood to mean If you die, your rights and duties will be trans- and include Boiler and Machinery and the term ferred to your legal representative but only while Boiler and Machinery is understood to mean and acting within the scope of duties as your legal include Equipment Breakdown. representative. Until your legal representative is This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium, we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company Indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below(each a stock company)has executed this policy, and this policy is counter- signed by the officers listed below: The Travelers Indemnity Company(IND) The Phoenix Insurance Company(PHX) The Charter Oak Fire Insurance Company (COF) Travelers Property Casualty Company of America(TIL) The Travelers Indemnity Company of Connecticut(TCT) The Travelers Indemnity Company of America(TIA) Travelers Casualty Insurance Company of America(ACJ) td.e.dy e Secretary President Page 2 of 2 includes the copyrighted material of Insurance Services Office,Inc.with Its permission. IL TO 01 01 07(Rev.06-09) 71365514 1 SNOI'11-1 1 22-23 GL/AUTO/XS/1WC/E&O(POLL) 1 Mimi Phan 111/18/2022 4.13.25 PM (PST) 1 Page 14 of 14 • 8106N5893472226G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to • the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT I. PHYSICAL DAMAGE—TRANSPORTATION C. EMPLOYEE HIRED AUTO EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS—INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO—LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1.,Who Is person or organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II—COV- separately insured for Business Auto Coverage, ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee"of yours is an"insured"while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period,which- contract or agreement in an "employee's" ever is earlier. name, with your permission,while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. In B.5., Who Is An Insured, of SECTION II—COVERED Other Insurance, of SECTION IV—BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto"you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "Insured"for Covered Autos your"employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 71365514 I SUOWD-1 122-23 GL/AUTO/XS/WC/E&OIPOLL) 1 Mimi Phan 1 11/18/2022 4:13:25 PM (PST) 1 Page 2 of 14 COMMERCIAL AUTO permission,while performing duties (a) With respect to any claim made or"suit" related to the conduct of your busi- brought outside the United States of ness. America,the territories and possessions However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the"in- D. EMPLOYEES AS INSURED sured"against,and investigate or set- tle The following is added to Paragraph A.1.,Who Is anysuch claim or"suit"and keep d us ad An Insured, of SECTION II—COVERED AUTOS vised of all proceedings and ac- tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any"employee"of yours is an"insured"while us- "Insured"will make any settlement ing a covered"auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. E.SUPPLEMENTARY PAYMENTS—INCREASED (di) We may, at our discretion, participate in defending the"insured"against,or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II--COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to$3,000 for cost of bail bonds (in- pay as damages because of"bodily eluding bonds for related traffic law viola- injury"or"property damage"to which tions)required because of an"accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS LIABIL- SECTION II-- COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured"for "insured"at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such P. HIRED AUTO—LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II— COVERED AUTOS of SECTION IV— BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we Jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Coy- and collectible other insurance available ered Autos Liability Coverage for any covered to the"insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c)This insurance is not a substitute for re- and that Is not an "auto"you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 71365514 l SSOWD-1 l 22-23 GL/AUTO/XS/eC/E401POLL) l I1imi Phan 111/1B/2022 4.13:25 PM (PST) l Page 3 of 14 • COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coup- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not Invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III —PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss"to one or ted or authorized insurer outside the more airbags in a covered "auto"you own that in- United States of America, its territories flate due to a cause other than a cause of"loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that"auto"is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c, The airbags were not intentionally inflated. ble, of SECTION III—PHYSICAL DAMAGE We will pay up to a maximum of$1,000 for any COVERAGE: one"loss". No deductible for a covered "auto"will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident"or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the"accident"or"loss" is known TION Ill—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is$65 per day,to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member(if you are a limited liability corn- I. PHYSICAL DAMAGE —TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence In Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III—PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: lice of the"accident"or"loss". We will pay up to$50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5.,Transfer curred by you because of the total theft of a coy- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV—BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5.Transfer Of Rights Of Recovery Against age Extensions, of SECTION III—PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to$400 for"loss"to wearing ap- signed and executed prior to any"accident" parel and other personal property which is: or"loss", provided that the"accident"or"loss" (1)Owned by an"insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 71365514 1 SNOWO-1 122-23 GL/AUTO/XS/1iC/f60(POLL) 1 Mimi Phan 111/16/2022 4:13:25 PM (PST) 1 Page 4 of 14 • COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 71365514 I SNOW°-1 1 22-23 OL/AUTO/XS/WC/E.O{POLL) I Mimi Phan 111/10/2022 4:11,25 25 (PST) I Page 5 of 14 8106N5893472226G COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions: A, Cancellation D. Inspections And Surveys 1. The first Named Insured shown in the Decla- 1. We have the right to: rations may cancel this policy by mailing or a. Make inspections and surveys at any delivering to us advance written notice of time; cancellation. 2. We may cancel this policy or any Coverage b. Give you reports on the conditions we find;and Part by mailing or delivering to the first c. Recommend changes. Named insured written notice of cancellation at least: 2. We are not obligated to make any inspec- a. 10 days before the effective date of can- tions, surveys, reports or recommendations cellation if we cancel for nonpayment of and any such actions we do undertake relate premium; or only to insurability and the premiums to be before the effective date of can- charged. We do not make safety inspections. b. 30 days We do not undertake to perform the duty of cellation if we cancel for any other rea- any person or organization to provide for the son. health or safety of workers or the public. And 3. We will mail or deliver our notice to the first we do not warrant that conditions: Named Insured's last mailing address known a. Are safe or healthful; or to us. b. Comply with laws, regulations, codes or 4. Notice of cancellation will state the effective standards. date of cancellation. If the policy is cancelled, that date will become the end of the policy pe- 3. Paragraphs 1. and 2. of this condition apply riod. If a Coverage Part is cancelled, that not only to us,but also to any rating, advisory, date will become the end of the policy period rate service or similar organization which as respects that Coverage Part only. makes insurance inspections, surveys, re- ports5. If this policy or any Coverage Part is can or recommendations. celled, we will send the first Named Insured 4. Paragraph 2. of this condition does not apply any premium refund due. If we cancel,the re- to any inspections, surveys, reports or rec- fund will be pro rata. If the first Named In- ommendations we may make relative to certi- sured cancels, the refund may be less than fication, under state or municipal statutes, or- pro rata. The cancellation will be effective dinances or regulations, of boilers, pressure even if we have not made or offered a refund. vessels or elevators. 6. If notice is mailed, proof of mailing will be suf- E. Premiums ficient proof of notice. 1. The first Named Insured shown in the Decla- B. Changes rations: This policy contains all the agreements between a. Is responsible for the payment of all pre- you and us concerning the insurance afforded. miums;and The first Named Insured shown in the Declare- b. Will be the payee for any return premi- tions is authorized to make changes in the terms ums we pay. of this policy with our consent. This policy's terms 2, We compute all premiums for this policy in can be amended or waived only by endorsement accordance with our rules, rates, rating plans, issued by us as part of this policy. premiums and minimum premiums. The pre- C. Examination Of Your Books And Records mium shown in the Declarations was corn- We may examine and audit your books and puted based on rates and rules in effect at records as they relate to this policy at any time the time the policy was issued. On each re- during the policy period and up to three years newel continuation or anniversary of the ef- afterward. fective date of this policy, we will compute the IL TO 01 01 07 (Rev.06-09) Includes the copyrighted material of Insurance Services Office,inc.with its permission. Page 1 of 2 71365514 1 SNOW13-1 1 22.23 GL/AUTO/2S/wC/E4O(POLL) 1 Mimi Phan 111/18/2022 4,13,25 P14 (PST) 1 Page fi of 14 1 I premium in accordance with our rates and appointed, anyone having proper temporary cus- rules then in effect. tody of your property will have your rights and F. Transfer Of Your Rights And Duties Under duties but only with respect to that property. This Policy Your rights and duties under this policy may not G. Equipment Breakdown Equivalent to Boiler be transferred without our written consent except and Machinery in the case of death of an individual named in- On the Common Policy Declarations, the term sured. Equipment Breakdown is understood to mean If you die, your rights and duties will be trans- and include Boiler and Machinery and the term ferred to your legal representative but only while Boiler and Machinery is understood to mean and kd B Equipmentreaown. acting within the scope of duties as your legal include representative. Until your legal representative is This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium, we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below (each a stock company) has executed this policy, and this policy is counter- signed by the officers listed below: The Travelers Indemnity Company(IND) The Phoenix Insurance Company(PHX) The Charter Oak Fire Insurance Company(COF) Travelers Property Casualty Company of America(TIL) The Travelers Indemnity Company of Connecticut(TCT) The Travelers Indemnity Company of America (TIA) Travelers Casualty Insurance Company of America(ACJ) AAA/ e Secretary President Page 2 of 2 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. IL TO 01 01 07(Rev.06-09) 71365514 1 S).OWD-1 1 22-23 GL/AUTO/XS/WC/E4O(POLL) 1 Mimi Phan 111/18/2022 4:13:25 PM (PST) 1 Page 7 of 14