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HomeMy WebLinkAboutKYA Services, LLC - 2023-02-09 AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND KYA SERVICES,LLC FOR TURF REPLACEMENT AT THE SPORTS COMPLEX ARENA FIELD 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 KYA SERVICES,LLC, a California Limited Liability Company,hereinafter referred to as"Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated February 9, 2023, entitled"Service Agreement Between the City of Huntington Beach and KYA Services,LLC for Turf Replacement at the Sports Complex Arena Field" 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. SCOPE OF WORK The Scope of Work of the Agreement is amended to include the additional duties as set forth in Exhibit"A. 2. 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 Sixty Five Thousand Dollars ($65,000.00). The additional sum shall be added to the original sum of One Hundred 23-13145/314304 1 Eighty One Thousand Eight Hundred Forty Dollars and Forty Cents ($181,840.40), for a new contract amount not to exceed Two Hundred Forty Six Thousand Eight Hundred Forty Dollars and Forty Cents ($246,840.40). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on Avil “S'r , 2023. KYA SERVICES, LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of dill. California By:_ 3o Jc,\ (it.) %e1(A'Cw ulkev� print name f 1'1'1 0:3 ITS: (circle one)Chairman/President/Vice President Mayor 96 #1/214,W City Cl r/ By: I D AND PPROVED: print name IT • (circle one)Secreta Chief Financta fficer sst.Secretary-Treasurer Director o Pub is Works APPROVED A _ .�• cP• cCK --00 r III _ ._t ity • ttorney 23-13145/314304 2 EXHIBIT A =I SERVICES ,. Proposal: 1-1-29758 Date:June 22,2023 To:City of Huntington Beach Terms: Net 30 2000 Main St CMAS:4-20-78-0089C Huntington Beach Base Contract: February 10,2025 California Contract Terms: Feb 26,2020-Feb 10,2025 92648 c/o: City of Huntington Beach RA: Deanna Rey RA Phone: RA Email: deanna.reyatheKYAgroup.com Site: City of Huntington Beach Address: 18100 Goldenwest St 92648 Site Qualifications and General Scope of Work DIR#1000003379 Priced per CMAS-KYA GSA-(4-20-78-0089C) Scope: -Removal of existing scoreboard -Supply&apply painting -Exterior walls -Low&High wall metal support posts -Supply&apply goal netting -Supply&apply high wall netting -Supply&apply scoreboard Proposal excludes the following: -Logos -Bleachers -Electrical work not mentioned above -Vinyl wrap not mentioned above -Concrete or asphalt work not mentioned above -Excludes Irrigation not mentioned above -Maintenance and maintenance equipment not mentioned. -Engineering,surveying,inspection,or permit fees. -Any Testing for Irrigation,sail,or anything not mentioned. -Removal,disposal,and/or relocation of any obstructions,stockpiles,debris,or excavated materials generated by others. -Traffic/pedestrian control and street sweeping services. -Stormwater pollution prevention plan. -Temporary or Permanent Fencing -Any work not specifically listed above *All work above quoted under standard working hours *All work above is assuming standard access and does not Include maintenance to Improve access. "Please be advised:Upon Contract Award a DIR Project Registration number will be required prior to scheduling" *Tax Included In total Initials '\�"'•Y'F' s s�v THY+•.-,-w 7C"g_-_ 7ozu.S:•s`.'`_-.t._'..c�•...:�:ocsre y` . , ..4w., -_z, L_�S. fl...h r'vc yr.».rd4+r .,..�t_.n +t2.�rk;+,k.. a 's•:rc .c..v`u'�-s• `v4�'rSv�+,.;•Y+:.. �.zg �,- •k,.�'�� -�'^ y.5� C t .cln ..- :wn:� a�4C ,�. i W+.1 '� AS �b.W 1�1S{G>�-t �1."a`4 `� SZ3u.e2 Tins is ei:legal agreerneni rp1em.na l c uef rlh+ t r $ Courlrlct�nrxf Ir Ilia l'a IT* r" ` r y r t • 1'ropiisat•Number 8 2 EXHIBIT B Notes: Sales tax rate will be based upon the shipping address,Price is good for 30 days from date of quote. KYA SCOPE OF WORK - PRICING SERVJCES . City of HB-Sports Complex-Painting,Netting,and Scoreboard Quantity UIM Price Vafue PNTGLS-COMMERCIAL GRADE PAINT-GLOSS OPTION 4.800.00 SF $0.76 $3,648.00 PRMR-COMMERCIAL GRADE PRIMER 4,800.00 SF $0.50 $2,400.00 SOCGOALN-SOCCER GOAL NETTING 2.00 EA $278.16 $556.32 ELE-BLFS-101-FUNGO SCREEN(10'X 10') BIG LEAGUE SE 12.00 EA $950.00 $11,400.00 (partial) SO-2008-PV-F SO-2008-PV-F (DIGIT COLOR R OR Al 1.00 EA $6,144,63 $6,144.63 SCOREBOARD-RADIO COMMUNICATION(RECEIVER 1.00 EA $473.80 $473.80 SCOREBOARD RADIO COMMUNICATION(RECEIVER SCOREBOARD-RADIO COMMUNICATION CONTROL C 1.00 EA $473.80 $473.80 SCOREBOARD RADIO COMMUNICATION CONTROL C SUNDRIES-SUNDRIES 4,00 EA $654,48 $2,617.92 Specialty Equipment Service 4.00 EA $1,973.13 $7,892.52 General Laborer Material Handler Level i 40.00 HRS $88.79 $3,551.60 General Laborer Journeyman 168,00 HRS $128.25 $21,546.00 Bonding Fee 1.00 EA $728.46 $728.46 Total Price $61,433.05 Initials �ti;,�r'rYs`.:g:�: -_.c.a..�''�:,"<<e;''<x. .r's.ra°0•.�-..^".si�.'L`�. �::¢ma's". -k�."'�.,c"'�,37'k,..�mk:,',r:i',?�,?:.-N.''.fc`3 ..wow:.-: ..z.. —.c{Y vs. a:��bi:+;tts7rel`,2� �i�''�''�`.+.:i�`i�5�..,- V =This it a legal a•'reentur( p(em read c iII f illy � r � Cpn�lcic and I�uuaLall pn es„. ProlincaiNun;be� 1 1-29755 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 07/19/2023 before me, Abraham Flores III, Notary Public (insert name and title of the officer) personally appeared Joshua Gutierrez who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal ABRANAM FLORES III ;dux Notary Public•California Orange County g ft iu•r* Commission a 2417905 My Comm.Expires Sep 23,2026 Signature (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 07/19/2023 before me, Abraham Flores III, Notary Public (insert name and title of the officer) personally appeared Brooks Berry who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .,.,, ABRAHAM FLORES lil WITNESS m hand and official se ::� NotaryPublic-California �,:_x y '. Orange County J jbI+i',t Commission M 24179O5 "y My Comm.Expires Sap 23,2026 Signature (Seal) r r r /1 vie 4 n e DATE(MMIODITYYY) ACE>REP CERTIFICATE OF LIABILITY INSURANCE `..-. / 2/28/2023 THI(?•CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CE<TIFICATE 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 F_PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. li.PORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. ii,SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on • tf Is certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRO UCER CONTACT HAMS: Lorena Casallas ER Insurance Brokers LLC PHONE FAX 111 Corporate Drive,Suite 200 (euc.No.Ext):949-598-0291 (NC.No):949-222-0445 Ladera Ranch CA 92694 ADh RESS: lorena@erminsurance.com INSURER(S)AFFORDING COVERAGE NAM I/ license#:0M63276 INSURER A:Valley Forge Insurance Company 20508 INSURED KYASERV-01 INSURER B:Transportation Ins Co 20494 KYA Services LLC 1800 E.McFadden Ave. INSURER c:Starr Indemnity&Liability Co 38318 Santa Ana CA 92705 INSURER D:Berkley National insurance Com 38911 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:500397863 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. 7R TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS INSD WVD POLICY NUMBER IMM/DDIYYYY) IMMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY Y Y 7036616162 2/27/2023 2/27/2024 EACH OCCURRENCE $1,000,000 OGE TO RENTED CLAIMS-MADE n OCCUR PREMISES SES(Ea occurrence) $100,000 MED EXP(Any one person) $16,000 PERSONAL&AOV INJURY $1,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X jECT I l LOC PRODUCTS•COMP/OPAGG $2,000,000 OTHER: Deductible $$6,000 B AUTOMOBILE LIABILITY Y Y 7036616176 2127/2023 2/27/2024 COM8cident)INEDSINGLELIMIT $1,000,000 (Ea ac X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY _ AUTOS ONLY (Per accident) $ C UMBRELLA LIAB X OCCUR 1000588259231 2/27/2023 2/27/2024 EACH OCCURRENCE $10,000,000 . X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTNE Y/H N/A EL EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ D leased/rented equipment MCO 1076871 2/27/2023 2/27/2024 ded$1,000 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is requi ry Certificate holder is additional insured per CG2010/CG2037 1219;waiver of subrogation,primary/non-contributor ie ,- ^t�c ccfc gate per CNA74705 115;auto additional insured per CNA63359 0412 includes waiver of subrogation;primary/non-contributory wo ding per CNR 7 012 30 day notice of cancellation except 10 days for non-payment B , re:1-1-27373 City of Huntington MIC (a E'GATES Certificate holder/additional Insured continued:City of Huntington Beach,Its officers elected or appointed officials,ern fq sAyjfidiltjlaVrolunteers • CITY OF Hta1NTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD r r l , 4' 21F6 A DATE(MMIDDIYYW) CERTIFICATE OF LIABILITY INSURANCE 01/27/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon RISK SERVICES SOUTH INC NAME: on Risk Services,Inc of Florida 3UIT 1700 ROAD NORTHEAST AICNNo,Eat):833-506.1544 (Alc,No): • SUITE TA G EMAIL ATIANTAGA30326 ADDRESS: work.comp@trinet.com INSURER(S)AFFORDING COVERAGE NAIC R INSURER A:ACE American Insurance Company 22687 INSURED INSURER B: TriNet HR II Holdings,Inc.LICIF Kya services,LLC 1 Park Place,Suite 600 INSURER C: Dublin,CA 9456E-7983 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15626291 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 NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MMIDDIYYYY) (MMIDDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED 1 CLAIMS-MADE nOCCUR PREMISES(Ea occurrence) S MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ -1 POLICY n PROJECT❑LOC PRODUCTS-COMP/OP AGG $ OTHER $ D AUTOMOBILE LIABILITY (a acc COidenntSINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) 5 — OWNED SCHEDULED _AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY —AUTOS ONLY (Per accident) $ S UMBRELLA LIAB _OCCUR EACH OCCURRENCE $ — EXCESS LIAB CLAIMS-MADE AGGREGATE S I DEC I RETENTION$ WORKERS COMPENSATION X PER SEATUTE ERH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIErORIPARTNERIEXECUTIVE WLR C52095219 E.L.EACH ACCIDENT $ 2,000,000 A OFFICER/MEMBEREXCLUDED? N N/A 03/01/2023 03/01/2024 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 Ryes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Workers Compensallon coverage Is limited toworksite employees of Kya services,LW through a co-employment agreement with TriNet HR II-A,Inc.. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE dzon d 16Ac eetvlees eout/s (Me ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 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) City of Huntington Beach, its officers elected or appointed officials, agents, and volunteers • CG 20 10(12-19) Policy 7036616162 Effective Date: 2-27-23 Insured Name: KYA Services LLC Copyright Insurance Services Office,Inc.,2012 . I 11, Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Location(s)Of Covered Operations 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising Injury caused,in whole or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 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. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed;or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 10(12-19) Policy 7036616162 Effective Date: 2-27-23 Insured Name: KYA Services LLC Copyright Insurance Services Office, Inc., 2012 2.Ill St Additional Insured - Owners, Lessees or Contractors - Completed Operations This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) City of Huntington Beach, its officers elected or appointed officials, agents and volunteers Location And Description Of Completed Operations CG 20 37(12-19) Policy No: 7036616162 Insured Name:KYA Services LLC Effective Date: 2-27-2023 Copyright Insurance Services Office,Inc.,2012 • Additional Insured - Owners, Lessees or Contractors - Completed Operations 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section ill — Limits Of insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. • CG 20 37(12-19) Policy No: 7036616162 Insured Name:KYA Services LLC Effective Date: 2-27-2023 Copyright Insurance Services Office,Inc.,2012 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement it is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence!Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability•Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability— Damage To Premises ! Alienated Premises ! Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage a 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation •' 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation—Blanket lam 26. Wrap-Up Extension:OCIP CCIP,or Consolidated(Wrap-Up)Insurance Programs C CNA74705XX(1-15) Policy No: 7036616162 Page 1 of 17 Endorsement No: VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission, CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part;and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement;or (2) coverage broader than required by such contract or agreement, and In no event broader than that described by the applicable paragraph A.through H.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured;or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. B, Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX(1-15) Policy No: 7036616162 Page 2 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 insured Name:KYA SERVICES LLC Copyright CNA AEI Rights Reserved. Includes copyrighted material of Insurance Services Office,inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership,maintenance,or use of a premises by a Named insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions--Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily Injury,property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners,or decorations and similar exposures;or b. the construction,erection,or removal of elevators;or yN 1D c. the ownership,maintenance or use of any elevators covered by this insurance;or 2. the permitted or authorized operations performed by a Named Insured or on a Named insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily Injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named insured to add the governmental entity as an additional Insured. H. Trade Show Event Lessor .= 1. With respect to a Named insured's participation in a trade show event as an exhibitor,presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by; e CNA74705XX(1-15) Policy No: 7036616162 Page 3 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name; KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • • CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions;or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section Is amended to add the following paragraph; If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured Is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the Insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily Injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily Injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace It with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization In which a Named Insured has management control: a. on the effective date of this Coverage Part;or CNA74705XX(1-15) Policy No: 7036616162 Page 4 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • • CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership,limited liability company or joint venture;or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases;nor b. personal or advertising Injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k.and I.and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it,or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse;or mgm (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed === operations hazard. This exclusion does not apply: EEE (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor;or CNA74705XX(1-15) Policy No: 7036616162 Page 5 of 17 Endorsement No: 1 VALLEY FORCE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name:KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse;or (d) explosion. B. The following paragraph Is added to LIMITS OF INSURANCE: Subject to 5.above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and Is included within the product-completed operations hazard. This sublimlt does not apply to property damage to your work If the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of Insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insure_d or temporarily occupied by a Named Insured with permission of the owner is not an Insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That Indemnities an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an Injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory,inspection,architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX(1-15) Policy No: 7036616162 Page 6 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name:KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A -- Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information,health information or any other type of nonpublic information;or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph(1)or(2)above. B. The following paragraph Is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives,cells,data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use F shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that Is not physically injured.All such loss of use shall be deemed to occur at the time of the occurrence that caused it;or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property.All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance,electronic data Is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX(1-15) Policy No: 7036616162 Page 7 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY--EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, Is the most the Insurer will pay for the sum of: 1. All damages under Coverage A,except damages because of bodily injury or property damage included In the products-completed operations hazard;and 2, All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B,regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of.the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX(1-15) Policy No: 7036616162 Page 8 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name:KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily Injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily Injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily Injury first occurs during the policy period.All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This Insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This Insurance does not apply to: Discrimination any actual or alleged discrimination,humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual ===_ orientation. Dishonesty or Crime = Any actual or alleged dishonest,criminal or malicious act,error or omission. EEM MedicareiMedicaid Fraud CNA74705XX(1-15) Policy No: 7036616162 Page 9 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name:KYA SERVICES LLC Copyright CNA AU Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid,Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS Is amended to: i. add the following definitions: Health care Incident means an act, error or omission by the Named Insured's employees or volunteer workers In the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.All acts, errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a, add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and CNA74705XX(1-15) Policy No: 7036616162 Page 10 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission, • • CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care Incident. b. delete Subparagraphs(a),(b),(c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess insurance (1) To the extent this insurance applies, it is excess over any other insurance,self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace It with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period,such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date;and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company;and If the joint venture, partnership or limited liability company is or was Insured under a consolidated (wrap-up) insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising = injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION; OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated(wrap-up)insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j.Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX(1-15) Policy No: 7036616162 Page 11 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement J. Damage to Property Property damage to: (1) Property the Named Insured owns, rents,or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells,gives away or abandons, If the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care,custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or Indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations;or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs(1), (3)and (4)of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described In LIMITS OF INSURANCE. Paragraph(2)of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products completed operations hazard. Paragraphs(3)and(4)of this exclusion do not apply to property damage to: i. tools,or equipment the Named Insured borrows from others,nor ii, other personal property of others in the Named Insured's care,custody or control while being used In the Named Insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs(3)and(4)does not apply to: a. property at a job site awaiting or during such property's Installation,fabrication,or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto,aircraft or watercraft; d. property in transit;or e. any portion of property damage for which the Insured has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits,or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX(1-15) Policy No: 7036616162 Page 12 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions Is amended to delete Its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of Insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not applyuntil the amount of such property damage exceeds$1,000.The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a. $500,000;or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (II) That is property Insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 1.6 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE Is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C— Medical Payments for all medical expenses because of bodily injury sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. = i= CNA74705XX(1-15) Policy No: 7036616162 Page 13 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All.Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission, • CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions Is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured,provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained,paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long;and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another • Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: CNA74705XX(1-15) Policy No: 7036616162 Page 14 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name:KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. • CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement;or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d.is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the N indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this c Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. c 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX(1-15) Policy No: 7036616162 Page 15 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a$5,000. limit;and B. Paragraph 1.d. Is amended to delete the limit of$250 shown for daily loss of earnings and replace it with a $1,000.limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations;or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part;and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP,CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.)is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury,property damage,or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf;nor CNA74705XX(1-15) Policy No: 7036616162 Page 16 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • • CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary,excess, contingent or any other basis that Is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated(wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program(O.C.I.P.)or Contractor Controlled Insurance Program(C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency,including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments;and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages,guest houses or any similar structures). However,when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons, This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy Issued by the designated Insurers,takes effect 5 on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 0 CNA74705XX(1-15) Policy No: 7036616162 Page 17 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. includes copyrighted material of Insurance Services Office,Inc.,with its permission. Policy'Number: 7036616176 CNA63359XX CNA (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE 4. An "employee" of yours is an "insured" A. Who Is An Insured while operating an "auto" hired or rented under a contract or agreement in that The following is added to Section II,Paragraph "employee's" name, with your permission, A.1.,Who Is An Insured: while performing duties related to the 1. a. Any incorporated entity of which the conduct of your business. Named Insured owns a majority of the "Policy,"as used in this provision A.Who is An voting stock on the date of inception of Insured, includes those policies that were in this Coverage Form; provided that, force on the inception date of this Coverage b. The insurance afforded by this Form but: provision AA. does not apply to any 1. Which are no longer in force; or such entity that is an "Insured" under 2. Whose limits have been exhausted. any other liability "policy" providing "auto"coverage. B. Bail Bonds and Loss of Earnings 2. Any organization you newly acquire or form, Section II, Paragraphs A.2. (2) and A.2. (4) other than a limited liability company, are revised as follows: partnership or joint venture, and over which 1. In a.(2), the limit for the cost of bail bonds is you maintain majority ownership interest. changed from$2,000 to$5,000; and The insurance afforded by this provision 2. In a.(4), the limit for the loss of earnings is A.2" changed from$250 to$500 a day. a. Is effective on the acquisition or C. Fellow Employee formation. date, and is afforded only until the end of the policy period of this Section II, Paragraph B.5 does not apply. Coverage Form, or the next anniversary Such coverage as is afforded by this provision of its inception date, whichever is C. is excess over any other collectible earlier. insurance. b. Does not apply to: II. PHYSICAL DAMAGE COVERAGE (1) "Bodily injury"or"property damage" A. Glass Breakage— Hitting A Bird Or Animal— caused by an "accident" that occurred before you acquired or Falling Objects Or Missiles formed the organization; or The following is added to Section III, (2) Any such organization that is an Paragraph A.3.: "insured" under any other liability With respect to any covered "auto," any "policy" providing"auto"coverage, deductible shown in the Declarations will not 3. Any person or organization that you are apply to glass breakage if such glass is required by a written contract to name as repaired, In a manner acceptable to us, rather an additional insured is an "insured" but than replaced. only with respect to their legal liability for B. Transportation Expenses acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is Section III, Paragraph A.4.a. is revised, with An Insured and for whom Liability Coverage respect to transportation expense incurred by is afforded under this policy. if required by you, to provide: written contract, this insurance will be a. $60 per day, in lieu of$20; subject to primary and non-contributory to insurance on which the additional insured is a Named b. $1,800 maximum, In lieu of$600. Insured. C. Loss of Use Expenses CNA63359XX Copyright,CNA Corporation,MOO. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX CNA (Ed. 04/12) Section III, Paragraph A.4.b. is revised, with c. Physical Damage Coverage on a covered respect to loss of use expenses incurred by "auto" also applies to "loss" to any you, to provide: permanently installed electronic equipment a. $1,000 maximum, in lieu of$600. including its antennas and other accessories. D. Hired "Autos" d. A $100 per occurrence deductible applies The following is added to Section III. to the coverage provided by this provision. Paragraph A.: G. Diminution In Value S. Hired "Autos" The following is added to Section III, If Physical Damage coverage is provided under Paragraph B.6.: this policy, and such coverage does not extend Subject to the following, the "diminution in to Hired Autos,then Physical Damage coverage value"exclusion does not apply to: is extended to: a. Any covered"auto"you lease, hire, rent a. Any covered "auto" of the private or borrow without a driver; and passenger type you lease, hire, rent or borrow, without a driver for a period of b. Any covered "auto" hired or rented by 30 days or less,while performing duties your"employee" without a driver, under related to the conduct of your business; a contract in that individual and "employee's" name, with your b. Any covered "auto" of the private permission, while performing duties passenger type hired or rented by your related to the conduct of your business. "employee"without a driver for a period c. The most we will pay for any one of 30 days or less, under a contract in "accident" or "loss" is the actual cash that individual "employee's" name, with value, cost of repair, cost of your permission, while performing replacement or $75,000, whichever is duties related to the conduct of your less, minus a $500 deductible for each business. covered auto. No deductible applies to c. Such coverage as is provided by this "loss"caused by fire or lightning. provision is limited to a "diminution in d. The physical damage coverage as is value" loss arising directly out of provided by this provision is equal to accidental damage and not as a result the physical damage coverage(s) of the failure to make repairs; faulty or provided on your owned "autos." incomplete maintenance or repairs; or the installation of substandard parts. e. Such physical damage coverage for d. The most we will pay for "loss" to a hired"autos"will: covered "auto" in any one accident is (1) Include loss of use, provided it is the lesser of: the consequence of an "accident" (1) $5,000; or for which the Named Insured is (2) 20% of the "auto's" actual cash legally liable, and as.a result of value(ACV). which a monetary loss is sustained • by the leasing or rental concern. Ill. Drive Other Car Coverage—Executive Officers (2) Such coverage as is provided by The following is added to Sections II and III: this provision will be subject to a 1. Any "auto" you don't own, hire or borrow is a limit of$750 per"accident." covered "auto" for Liability Coverage while E. Airbag Coverage being used by, and for Physical Damage The following is added to Section III, Coverage while in the care, custody or control Paragraph B.3.: of, any of your"executive officers,"except: The accidental discharge of an airbag shall not a. An "auto" owned by that "executive officer" be considered mechanical breakdown. or a member of that person's household; or F. Electronic Equipment b. An "auto" used by that "executive officer" while working in a business of selling, Section ill, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking"autos." deleted and replaced by the following: CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with Its permission. CNA63359XX • CNA (Ed, 04/12) Such Liability and/or Physical Damage We waive any right of recovery we may have, Coverage as is afforded by this provision. because of payments we make for injury or ('I) Equal to the greatest of those damage, against any person or organization for whom or which written coverages afforded any covered"auto"; contract or agreementou r toobtain this waie required ver from and us. (2) Excess over any other collectible This injury or damage must arise out of your insurance. activities under a contract with that person or 2. For purposes of this provision, "executive organization. officer" means a person holding any of the You must agree to that requirement prior to an officer positions created by your charter, "accident"or"loss." constitution, by-laws or any other similar governing document, and, while a resident of C. Concealment, Misrepresentation or Fraud the same household, includes that person's The following is added to Section IV, spouse. Paragraph B.2.: Such "executive officers" are "insureds" while Your failure to disclose all hazards existing on the using a covered "auto" described in this date of inception of this Coverage Form shall not provision, prejudice you with respect to the coverage afforded IV. BUSINESS AUTO CONDITIONS provided such failure or omission is not intentional. A. Duties In The Event Of Accident, Claim, Suit D. Other Insurance Or Loss The following is added to Section IV, The following is added to Section IV, Paragraph B.S.: Paragraph A.2.a.: Regardless of the provisions of Paragraphs 5.a. (4) Your "employees" may know of an and 5.d. above, the coverage provided by this "accident" or "loss." This will not mean policy shall be on a primary non-contributory that you have such knowledge, unless basis. This provision is applicable only when such "accident" or "loss" is known to required by a written contract. That written you or if you are not an individual, to contract must have been entered into prior to any of your executive officers or "Accident"or"Loss." partners or your insurance manager, E. Policy Period,Coverage Territory The following is added to Section IV, Section IV, Paragraph B. 7.(5).(a). is revised Paragraph A.2.b.: to provide: (6) Your "employees" may know of a. 45 days of coverage in lieu of 30 days. documents received concerning a claim or "suit." This will not mean that you V. DEFINITIONS have such knowledge, unless receipt of Section V. Paragraph C. is deleted and replaced such documents is known to you or if by the following: you are not an individual, to any of your executive officers or partners or your "Bodily injury" means bodily injury, sickness or insurance manager. disease sustained by a person, including mental B. Transfer Of Rights Of Recovery Against anguish, mental injury or death resulting from any of Others To Us these, • The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: CNA63359XX Copyright,CNA Corporation,2000, Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. • • • Poiicyattlumber: 7036616176 •Fi I t i 1:` 1. t f i• �'1 _&..I� ,b:4.li> •� r;l' !t aC 5.1.k. t.7 t , I-kt..3�31..i, .�;�;��`!.?> t?��. It is understood and agreed that this endorsement amends theBUSINESS AUTO COVERAGE FORIVIas follows: SCHEDULE Name of Additional Insured Persots Or Organizations Name of Person or organizatim 1. In conformance with paragraph A.1.c. of Who Is An Insuredof Section II - LIABILITY COVERAGE, the person or organization scheduled above Is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non- contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident' for which the additional Insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged. .This endorsement, which forms a part of and is for attachment to thepolicy Issued by the designated Insurers, ;takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another !effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. • Form No: CNA71527XX (10-2012) 0 Copyright CNA All Rights Reserved. ' ®AR o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/1/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lorena Casallas ERM Insurance Brokers LLC PHONE FAX 111 Corporate Drive, Suite 200 MAILo.Ext):949-596-0291 (A/C,Not:949-222-0445 Ladera Ranch CA 92694 ADDRESS: Icrena@erminsurance.com INSURER(S)AFFORDING COVERAGE NAIC# License#:0M63276 INSURER A:Valley Forge Insurance Company 20508 INSURED KYASERV-01 INSURER B:Transportation Ins Co 20494 KYA Services McFadden Ave.LLC E. INSURER C:Starr Indemnity&Liability Co 38318 1800 Santa Ana CA 92705 INSURER D:Berkley National Insurance Com 38911 INSURER E: Lexington Insurance Company 19437 INSURER F: COVERAGES CERTIFICATE NUMBER:797696904 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 LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y 7036616162 2/27/2023 2/27/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Deductible $$5,000 B AUTOMOBILE LIABILITY Y Y 7036616176 2/27/2023 2/27/2024 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY AUTOS ONLY (Per accident) C UMBRELLA LIAB X OCCUR 1000588259231 2/27/2023 2/27/2024 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N PER ER OTH- ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Leased Rented Equipment 1076871 2/27/2023 2/27/2024 Ded$1,000 $250,000 E Contractor's Professional 031565759 6/8/2023 6/8/2024 Deductible$15,000 $lmil/2mil DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is additional insured per CNA74705 115/CNA75079 1016 includes waiver of subrogation,primary/non-contributory wording,and per project aggregate;auto additional insured per CNA63359 0412 includes waiver of subrogation;primary/non-contributory wording per CNA71527 1012 30 day notice of cancellation except 10 days for non-payment City of Huntington Beach,its officers,elected officials,appointed officials,employees,agents and volunteers are named as additional insured. Project:1-1-29758 Turf Replacement and the Sports Complex Arena Field CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability-Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft N N 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation—Blanket 26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs CNA74705XX(1-15) Policy No: 7036616162 Page 1 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through H.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX(1-15) Policy No: 7036616162 Page 2 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners, or decorations and similar exposures; or 0- b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX(1-15) Policy No: 7036616162 Page 3 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions;or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part;or CNA74705XX(1-15) Policy No: 7036616162 Page 4 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise,which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k.and I.and replace them with the following: N This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: ffE (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX(1-15) Policy No: 7036616162 Page 5 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX(1-15) Policy No: 7036616162 Page 6 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1)or(2)above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES Ett The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX(1-15) Policy No: 7036616162 Page 7 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX(1-15) Policy No: 7036616162 Page 8 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 0 2/2 7/2 0 2 3 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud CNA74705XX(1-15) Policy No: 7036616162 Page 9 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.All acts, errors or omissions that are logically connected by any common fact, circumstance, situation,transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: • (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and CNA74705XX(1-15) Policy No: 7036616162 Page 10 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES I PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. - 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: - CNA74705XX(1-15) Policy No: 7036616162 Page 11 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care,custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3)and (4)of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs (3)and (4)does not apply to: a. property at a job site awaiting or during such property's installation,fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit;or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX(1-15) Policy No: 7036616162 Page 12 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000.The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied.by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. 0 This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C— Medical Payments for all medical expenses because of bodily injury sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. EEE CNA74705XX(1-15) Policy No: 7036616162 Page 13 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured,provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: CNA74705XX(1-15) Policy No: 7036616162 Page 14 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination • Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d.is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: ti So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 11 This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX(1-15) Policy No: 7036616162 Page 15 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part;and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.)is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX(1-15) Policy No: 7036616162 Page 16 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program(C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However,when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 11 iMMEMMI 11 N CNA74705XX(1-15) Policy No: 7036616162 Page 17 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract,but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with"arising out of'language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. 2 IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of,or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities;or _ B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 7036616162 Page 1 of 2 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 0 2/2 7/2 0 2 3 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 7036616162 Page 2 of 2 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Policy Number: 7036616176 CNA63359XX CNA (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE 4. An "employee" of yours is an "insured" A. Who Is An Insured while operating an "auto" hired or rented under a contract or agreement in that The following is added to Section II, Paragraph "employee's" name, with your permission, A.1.,Who Is An Insured: while performing duties related to the 1. a. Any incorporated entity of which the conduct of your business. Named Insured owns a majority of the "Policy," as used in this provision A.Who Is An voting stock on the date of inception of Insured, includes those policies that were in this Coverage Form; provided that, force on the inception date of this Coverage b. The insurance afforded by this Form but: provision A.1. does not apply to any 1. Which are no longer in force; or such entity that is an "insured" under 2. Whose limits have been exhausted. any other liability "policy" providing "auto"coverage. B. Bail Bonds and Loss of Earnings 2. Any organization you newly acquire or form, Section II, Paragraphs A.2. (2) and A.2. (4) other than a limited liability company, are revised as follows: partnership or joint venture, and over which 1. In a.(2), the limit for the cost of bail bonds is you maintain majority ownership interest. changed from$2,000 to$5,000; and The insurance afforded by this provision 2. In a.(4), the limit for the loss of earnings is A.2.: changed from$250 to$500 a day. a. Is effective on the acquisition or C. Fellow Employee formation date, and is afforded only until the end of the policy period of this Section II, Paragraph B.5 does not apply. Coverage Form, or the next anniversary of its inception date, whichever is Such coverage as is afforded by this provision earlier. C. is excess over any other collectible insurance. b. Does not apply to: II. PHYSICAL DAMAGE COVERAGE (1) "Bodily injury"or"property damage" A. Glass Breakage— Hitting A Bird Or Animal — caused by an "accident" that occurred before you acquired or Falling Objects Or Missiles formed the organization; or The following is added to Section III, (2) Any such organization that is an Paragraph A.3.: "insured" under any other liability With respect to any covered "auto," any "policy" providing "auto" coverage. deductible shown in the Declarations will not 3. Any person or organization that you are apply to glass breakage if such glass is required by a written contract to name as repaired, in a manner acceptable to us, rather an additional insured is an "insured" but than replaced. only with respect to their legal liability for B. Transportation Expenses acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is Section III, Paragraph A.4.a. is revised, with An Insured and for whom Liability Coverage respect to transportation expense incurred by is afforded under this policy. If required by you, to provide: written contract, this insurance will be a. $60 per day, in lieu of$20; subject to primary and non-contributory to insurance on which the additional insured is a Named b. $1,800 maximum, in lieu of$600. Insured. C. Loss of Use Expenses CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX WA (Ed. 04/12) Section III, Paragraph A.4.b. is revised, with c. Physical Damage Coverage on a covered respect to loss of use expenses incurred by "auto" also applies to "loss" to any you, to provide: permanently installed electronic equipment a. $1,000 maximum, in lieu of$600. including its antennas and other accessories. D. Hired "Autos" d. A $100 per occurrence deductible applies The following is added to Section III. to the coverage provided by this provision. Paragraph A.: G. Diminution In Value 5. Hired "Autos" The following is added to Section III, If Physical Damage coverage is provided under Paragraph B.6.: this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage value" clto the following, the "diminution in is extended to: exclusion does not apply to: a. Any covered "auto"you lease, hire, rent a. Any covered "auto" of the private - or borrow without a driver; and passenger type you lease, hire, rent or borrow, without a driver for a period of b. Any covered "auto" hired or rented by 30 days or less, while performing duties your"employee"without a driver, under related to the conduct of your business; a contract in that individual and "employee's" name, with your b. Any covered "auto" of the private permission, while performing duties passenger type hired or rented by your related to the conduct of your business. "employee" without a driver for a period c. The most we will pay for any one of 30 days or less, under a contract in "accident" or "loss" is the actual cash that individual "employee's" name, with value, cost of repair, cost of your permission, while performing replacement or $75,000, whichever is duties related to the conduct of your less, minus a $500 deductible for each business. covered auto. No deductible applies to c. Such coverage as is provided by this "loss" caused by fire or lightning. provision is limited to a "diminution in d. The physical damage coverage as is value" loss arising directly out of provided by this provision is equal to accidental damage and not as a result the physical damage coverage(s) of the failure to make repairs; faulty or provided on your owned "autos." incomplete maintenance or repairs; or the installation of substandard parts. e. Such physical damage coverage for d. The most we will pay for "loss" to a hired "autos"will: covered "auto" in any one accident is (1) Include loss of use, provided it is the lesser of: the consequence of an "accident" (1) $5,000; or for which the Named Insured is (2) 20% of the "auto's" actual cash legally liable, and as a result of value (ACV). which a monetary loss is sustained by the leasing or rental concern. III. Drive Other Car Coverage—Executive Officers (2) Such coverage as is provided by The following is added to Sections II and III: this provision will be subject to a 1. Any "auto" you don't own, hire or borrow is a limit of$750 per"accident." covered "auto" for Liability Coverage while E. Airbag Coverage being used by, and for Physical Damage The following is added to Section III Coverage while in the care, custody or control ' of, any of your"executive officers," except: Paragraph B.3.: The accidental discharge of an airbag shall not a. An "auto" owned by that "executive officer" be considered mechanical breakdown. or a member of that person's household; or F. Electronic Equipment b. An "auto" used by that "executive officer" while working in a business of selling, Section III, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking "autos." deleted and replaced by the following: CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX CNA (Ed. 04/12) Such Liability and/or Physical Damage We waive any right of recovery we may have, Coverage as is afforded by this provision. because of payments we make for injury or (1) Equal to the greatest of those damage, against any person or organization for coverages afforded any covered "autoe whom or which you are required by written and contract or agreement to obtain this waiver from us. (2) Excess over any other collectible This injury or damage must arise out of your insurance. activities under a contract with that person or 2. For purposes of this provision, "executive organization. officer" means a person holding any of the You must agree to that requirement prior to an officer positions created by your charter, "accident"or"loss." constitution, by-laws or any other similar governing document, and, while a resident of C. Concealment, Misrepresentation or Fraud the same household, includes that person's The following is added to Section IV, spouse. Paragraph B.2.: Such "executive officers" are "insureds" while Your failure to disclose all hazards existing on the using a covered "auto" described in this date of inception of this Coverage Form shall not provision. prejudice you with respect to the coverage afforded IV. BUSINESS AUTO CONDITIONS provided such failure or omission is not intentional. A. Duties In The Event Of Accident, Claim, Suit D. Other Insurance Or Loss The following is added to Section IV, The following is added to Section IV, Paragraph B.5.: Paragraph A.2.a.: Regardless of the provisions of Paragraphs 5.a. (4) Your "employees" may know of an and 5.d. above, the coverage provided by this "accident" or "loss." This will not mean policy shall be on a primary non-contributory that you have such knowledge, unless basis. This provision is applicable only when such "accident" or "loss" is known to required by a written contract. That written you or if you are not an individual, to contract must have been entered into prior to any of your executive officers or "Accident" or"Loss." partners or your insurance manager. E. Policy Period, Coverage Territory The following is added to Section IV, Section IV, Paragraph B. 7.(5).(a). is revised Paragraph A.2.b.: to provide: (6) Your "employees" may know of a. 45 days of coverage in lieu of 30 days. documents received concerning a claim or "suit." This will not mean that you V. DEFINITIONS have such knowledge, unless receipt of such documents is known to you or if Section V. Paragraph C. is deleted and replaced you are not an individual, to any of your by the following: executive officers or partners or your "Bodily injury" means bodily injury, sickness or insurance manager. disease sustained by a person, including mental B. Transfer Of Rights Of Recovery Against anguish, mental injury or death resulting from any of Others To Us these. The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Policy Number: 7036616176 `o: #era 0 It is understood and agreed that this endorsement amends theBUSINESS AUTO COVERAGE FORIVIas follows: SCHEDULE r' Name of Additional Insured Persois Or Organ� at�ors i Name,of Person."'or...Organlzatiai 1. In conformance with paragraph A.1.c. of Who Is An Insuredof Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non- contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to thgolicy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) © Copyright CNA All Rights Reserved. RECEIVED BY: CITY CLERK RECEIPT COPY ��� Return DUPLICATE to � � �1 !.► City Clerk's Office (Name) V after signing/dating (Date) CITY OF HUNTINGTON BEACH it INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 07// A423 SUBJECT: Bond Acceptance I have received the bonds for rtrI -1--` (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 0g07 /5.5L2 Payment Bond (Labor and Materials) Bond No. OF0?` 5S-0 Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved / (Council Approval Date) CC No. Agenda Item No. 0,2//1.1 MSC No. City Clerk Vault No. � • e/l Other No. Jft 4 CPS yet°/iV f2.(_. SIRE System ID No. g:/forms/bond transmittal to treasurer SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND KYA SERVICES,LLC FOR TURF REPLACEMENT AT THE SPORTS COMPLEX ARENA FIELD 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 KYA Services, LLC, a California Limited Liability Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of turf replacement. 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 Andrea Ivey, 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. 23-12329/300162 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed One Hundred Eighty One Thousand Eight Hundred Forty Dollars and Forty Cents ($181,840.40) 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 '112.3 , or as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminate three (3) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to 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. 23-12329/300162 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, 23-12329/300162 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. 23-12329/300162 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. 23-12329/300162 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 KYA Services, LLC Attn: Director of Public Works Attn: Andrea Ivey 2000 Main Street 1800 E. McFadden Avenue Huntington Beach, CA 92648 Santa Ana, CA '1 -0 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. 23-12329/300162 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; 23-12329/300162 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. 23-12329/300162 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. 23-12329/300162 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 KYA SERVICES, LLC, municipal corporation of the State of a California limited liability corporation California By:C?)--.2 Mayor Print name ITS: (circle one) Chairman/President/ Vice President City Clerk AND By: Brooks Berry INITIATED AND APPROVED: Print name ITS: (circle one)Secreta Chief Financial QOM Asst. Secretary-Treasurer Director of Public Works COUNTERPART APPROVED AS TO FORM: City Attorneys REVIEWED AND APPROVED: City Manager 23-12329/300162 10 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a KYA SERVICES, LLC, municipal corporation of the State of a California limited liability corporation California By: 4'7 AO Mayor Print name ITS: (circle one) Chairman/President/ oqicift, 944441,40 Vice President City Clerk GicYe3,X AND By: INITIA D AND APPROV Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Publi, ' orks COUNTERPART APPROVED AS TO FORM: City Attorney itu REVIEWED AND APPROVED: tou City Manager 23-12329/300162 10 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: 23-12329/300162 11 EXHIBIT A SERVICES Proposal: 1-1-27373 Date: December 9,2022 To: City of Huntington Beach Terms: Net 30 2000 Main St CMAS:4-20-78-0089C Huntington Beach Base Contract: February 10,2025 California Contract Terms: Feb 26, 2020- Feb 10,2025 92648 c/o: City of Huntington Beach RA:Andrea Ivey RA Phone: (619)730-9073 RA Email:Andrea,lveyatheKYAgroup.com Site: HB Sports Complex Address; 18100 Goldenwest St. 92647 Site Qualifications and General Scope of Work DIR#1000003379 Priced per CMAS-KYA GSA-KYA Services(4-20-78-0089C) Scope: Removal of existing Turf -Haul and dispose Removal of existing pad -Haul and dispose Prep Surface for Installation Supply&apply Weed Barrier Supply&apply Performance Pad Supply&apply Synthetic Turf(Includes Sundries) -Lined for Soccer -Center field logo Supply and Apply Inflll -Sand and Rubber(50/50) Proposal excludes the following: •Electrical work •Concrete or asphalt work not mentioned above •Excludes Irrigation not mentioned above •Maintenance and maintenance equipment not mentioned. •Engineering,surveying,inspection,or permit fees. •Any Testing for Irrigation,soil,or anything not mentioned. • Removal,disposal,and/or relocation of any obstructions,stockpiles,debris,or excavated materials generated by others. •Traffic/pedestrian control and street sweeping services. •Stormwater pollution prevention plan. •Temporary or Permanent Fencing •Any work not specifically listed above *All work above quoted under standard working hours `All work above is assuming standard access and does not include maintenance to improve access 'Tax included in total *Price valid for 30 days Initials r ..M: :.... ... .. r C r^x-Pg .,5....:«.,T 3, x IP,,..R..MP t-W.,:,r t z ?.«N 7-0 0, , ? F ,r.,....,`t�'i,.-'rM M.,kol,z,:zX ie..s.Waiazw: u:n This is-a legal agreement-please read crucyiilh Complete and Initial all pates Proposal Number 1-1-27373 2 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) SEE ATTACHED EXHIBIT B 1. 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. 23-12329/300162 12 EXHIBIT B Notes: Sales tax rate will be based upon the shipping address.Price is good for 30 days from date of quote. KVA SCOPE OF WORK - PRICING SERVICES ,, HB Sports Complex-Outdoor Soccer Field,Turf Replacement Quantity U/M Price Value 157R140N15-MIRAFI HP270(SQ FT) 16,000.00 SF $0,34 $5,440.00 8887730-20-40 SPORTSFIELD SAND 55,000.00 LB $0.18 $9,900.00 10-20 CR SBR CRUMB RUBBER 55,000.00 EA $0.32 $17,600.00 SP17-PERFORMANCE PAD SP17 16,000.00 SF $1.45 $23,200.00 MULTIPLAY-SYNTHETIC TURF-MULTIPLAY 16,000.00 SF $3.56 $56,960,00 TLOGO-SIMPLE LOGO 1.00 EA $1,609.88 $1,609.88 Turf Application (Standard) 16,000.00 SF $3.55 $56,800.00 178799-SYNTETHIC TURF TAPE-SINGLE-LAYER 12"X3 10.00 EA $186.52 $1,865.20 233304-SYNTHETIC TURF ADHESIVE-1 GAL 50.00 EA $73.63 $3,681.50 SUNDRIES-SUNDRIES 1.00 EA $654.48 $654.48 Specialty Equipment Service 1.00 EA $1,973.13 $1,973.13 Bonding Fee 1.00 EA $2,156.21 $2,156.21 Total Price $181,840.40 Initials `71. , r. ......,7,1 4',r .,TRAuT:i.'3a,W:;.< .F.r ,.M.r,.:.. t +r, .i'r;ffkm ,40 .xi.. rfl'7�V:ur.`^v,.. fa::A:.9 . ` ' r `.:7.5:2 This is a legal agreement-please read eam/idlr Complete and Initial all pagers Proposal Number 1-1-27373 3 Kir" CONDITIONS AND WARRANTY SERVICES ., 1)Proposal: The above proposal is valid for 30 days from the date first set forth above.After 30 days,we reserve the right to increase prices due to the rise in cost of raw materials,fuel or other cost Increases.When applicable,KYA Services LLC reserves the right to implement a surcharge for significant increases in raw materials,including,but not limited to;fuel,and materials.Due to the duration of time between proposals, contracts and final furnishing,KYA Services LLC reserves the right to implement this surcharge when applicable. Any job that is accepted prior to December 31 st of the current year and scheduled to install after December 31 st of the current year is subject to price increase 2)Purchase: By executing this proposal,or submitting a purchase order pursuant to this proposal(which shall incorporate the terms of this agreement specifically by reference)which is accepted by KYA Services LLC.(the"Company"),the purchaser identified above("you"or the "Purchaser")agrees to purchase the materials and the services to be provided by the"Company",as detailed in the Pricing and"General Scope of Work"sections in this agreement,above. 3)Standard Exclusions: Unless specifically included,this agreement does not include,and Company will not provide services,labor or materials for any of the following work:(a)removal or disposal of any material containing asbestos or any hazardous materials as defined by the EPA;neither we nor our installers are responsible for the handling,removal or abatement of asbestos contained floor material or adhesive.Further,our policy is to request an Asbestos Hazard Emergency Response Act(AHERA)report prior to proceeding with any floor material or floor adhesive removal.We and our installers consider it the owners responsibility to produce this report prior to executing this contract.(b)moving Owner's property around the installation site.(c)repair or replacement of any Purchaser or Owner-supplied materials.(d)repair of concealed underground utilities not located on prints,supplied to Company by Owner during the bidding process,or physically staked out of by the Owner,and which are damaged during construction;or(e)repair of damage to existing surfaces that could occur when construction equipment and vehicles are being used in the normal course of construction. 4)Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company's standard insurance,A copy of the Company's standard insurance is available for your review prior to acceptance of the Company's proposal. 5)Payment: Terms of payment are defined in the"Pricing"details section and are specific to this contract.For purposes of this agreement, 'Completion"is defined as being the point at which the materials have been furnished.In any event where Completion cannot be effected due to delays or postponements caused by the Purchaser or Owner,final payment(less 10%retainage)is due within 30 days of the date when the Completion was scheduled,had the delay not occurred.All payments must be made to KYA Services LLC 1800 E McFadden Ave,Santa Ana,CA 92705.If the Purchaser or Owner fails or delays in making any scheduled milestone payments,the Company may suspend the fulfilment of its obligations hereunder until such payments are made,or Company may be relieved of its obligations hereunder if payment is more than 60 days past due.Company may use all remedies available to it under current laws,including but not limited to filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt. 6)Lien Releases: Upon request by Owner,Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner,Company will provide a full release of liens upon receipt of final payment.In accordance with state laws,Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens. 7)Site Plan Approval,Permits,Permit Fees,Plans,Engineering Drawings and Surveying: Site plan approval,permits,permit fees,plans,engineering drawings and surveying are specifically excluded from this agreement and the Services unless specified under the "General Scope of Work".The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained.Sealed engineered drawings that are required but not Included in the"General Scope of Work" will result in additional cost to Purchaser. 8)Manufacturing and Delivery: Manufacturing lead-time and delivery varies depending on the product purchased. Initials , t :f'§ • R :n> 7r., , 6 ' `t..4r:. ,r.,R..t,'' <.f,.:;.: , »'.rk.iiWffeMg,i.:fia,..%:rr5"g , :**AV. This is a legal agreement-please read Laiz jrdh• Complete mid Milled all pagi'. Proposal Nw eber 1-1-27373 4 'cw SERVICES .., 9)Returned Product,Deposits and/or Cancelled Order; From date of shipment from our facility,all returned product(s)and cancelled orders are subject to a 50%restocking fee.No returns are available following this date.All deposits are non-refundable. 10)Concealed Conditions: "Concealed conditions"Include,without limitation to,water,gas,sprinkler,electrical and sewage lines,post tension cables,and steel rebar.Observations that were able to be made either by visual inspection or by drawings and/or plans submitted by Owner at the time • this agreement was approved.If additional Concealed Conditions are discovered once work has commenced which were not visible at the time this proposal was approved,Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a change order for any additional work.In any event,any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water,hard rock(such as limestone,caliche,etc.),rocks bigger than 4inches in diameter or any other condition that will require additional labor,equipment and/or materials not specified by the purchaser or Owner in the bidding process. Any condition requiring additional labor,equipment,and/or materials to complete the drilling or concrete operations will require a change order before Company will complete the process.Any variation will incur additional charges. 11)Changes in the Work: During the course of this project,Purchaser may order changes in the work(both additions and deletions).The cost of these changes will be determined by the Company,and a change order must be completed and signed by both the Purchaser and the Company,which will detail the"General Scope of the Change Order".Should any change be essential to the completion of the project,and the Purchaser refuses to authorize such change order,then Company will be deemed to have performed its part of the project,and the project and Services will be terminated.Upon such termination,Company will submit a final billing to Purchaser for payment,less labor allowance for work not performed but including additional charges incurred due to the stoppage.No credit will be allowed for materials sold and supplied,which will remain the property of the Purchaser. 12)Warranty:Limitations of Liability: Company warrants that all Company-supplied labor and Services will be performed in a good and workmanlike manner.Purchaser shall notify the Company In writing detailing any defects in Service for which a warranty claim is being made. COMPANY SHALL NOT IN ANY EVENT BE LIABLE FOR INDIRECT,SPECIAL,CONSEQUENTIAL,INCIDENTAL,PUNITIVE OR LIQUIDATED DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT,WHETHER BASED IN CONTRACT, TORT(INCLUDING NEGLIGENCE),INTENDED CONDUCT OR OTHERWISE,INCLUDING WITHOUT LIMITATION,DAMAGES RELATING TO LOSS OF PROFITS,INCOME OR GOODWILL,REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY FOR MONETARY DAMAGES UNDER THIS AGREEMENT EXCEED THE FEES PAID OR DUE AND PAYABLE FOR THE SERVICE UNDER THIS AGREEMENT(OR RELEVANT PURCHASE ORDER). The warranties or the materials are contained in a separate document between Company and the ultimate Owner of the materials,which will be provided to Owner at the time of completion of work. 13)Indemnification: To the fullest extent permitted by law.Purchaser shall indemnify,defend and hold harmless the Company and Its consultants,agents and employees or any of them from and against claims,damages,losses and expenses,including but not limited to attorney's fees,relating to furnishing of the materials or performance of the Services,provided that such claim,damage, loss or expense is attributable to bodily injury to,sickness,disease or death of a person,or injury to or destruction of tangible property,but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents,employees,or subcontractors or anyone directly or indirectly employed by them or anyone for whose acts they may be liable,regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder.Such obligation shall not be construed to negate,abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 13. 14)Delegation:Subcontractors: The Services and furnishing of materials may be performed by subcontractors under appropriate agreements with the Company Initials F "u itn . >.n µ^ u:.k::"i;.1W-4Z` ..� , A...::.c _MMMO .x,.::,,"`�~iT...sr:. ,h:P7b:x:?::;sn :;.:-.•x;rr,,.s," r:"41 13 '"?TR-R ,W76 2::: 2 !u,az.Wea_r....„'M Tlds is a legal agreement please/tall ealt'frll(t' C'otigllete and fi ilia!all pages Proposal Number 1-I-27373 5 Icy" SERVICES „< 15)Force Meleure:Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or furnishing of materials when such failure or delay is due to any cause beyond the control of the Company,due to compliance with governmental regulations,or orders,or due to any acts of God,lockouts,slowdowns,wars or shortages in transportation,materials or labor. 16)Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Santa Ana,CA by a single arbitrator selected by the parties or by the American Arbitration Association,and conducted in accordance with the construction industry arbitration rules.Judgement upon the award may be entered in any court having jurisdiction thereof. 17)Entire Agreement;No Reliance: This agreement represents and contains the entire agreement between the parties.Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement.Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents Which are not expressly stipulated herein,Including without limitation any statements as to the materials,warranties or services provided hereunder. 18)No Third-Party Beneficiaries: This agreements creates no third party rights or obligations between Company and any other person,including any Owner who is not also a Purchaser.It is understood and agreed that the parties do not Intend that any third party should be a beneficiary of this agreement. 19)Governing Law: This agreement will be constructed and enforced in accordance with the laws of the State of California. 20)Assignment: Purchaser may not assign this agreement,by operation of law or otherwise,without the prior written consent of the Company.The agreements shall be binding upon and ensure to the benefit of the Company and the Purchaser,and their successors and permitted assigns. Executed to be effective as of the date executed by the Company: KYA Services LLC Accepted by: Signature: Signature: ,Qru(reea Mier., By:(Print) By:(Print) Andrea Ivey Title: Title: Regional Advisor Date: Date: December 09,2022 Initials .'s ..., gf s T-g kA:Sig. gg: - fr ir.A1: ,.F.,::? .i :,,r.>.: i :t..,.::;,, I RFC.. ,r,,y z 7--" /Z.15- R1,;a w.. .?„o,• F 7rc..w i This is-illegal agreement-please read edirlirlh Crnnplete arilInitial all pages Proposal iVumber t-t-27373 6 KV^ SERVICESLLC PREPARED FOR Chris Cole City of Huntington Beach 714-536-5265 ccole@surfcity-hb.org �F.. ff k 12/09/2022 �� � e i , Turf Reps Contact Project Number 1-1-27373 Andrea Ivey 1800 E. McFadden Ave. CMAS: 4-20-78-0089C Santa Ana, CA (619) 730-9073 Andrea.lvey@theKYAgroup.com Pages 6 CA LICENSE#984827 B + C15 DIR #1000003379 KVA SERVICES Proposal: 1-1-27373 Date: December 9,2022 To: City of Huntington Beach Terms: Net 30 2000 Main St CMAS: 4-20-78-0089C Huntington Beach Base Contract: February 10, 2025 California Contract Terms: Feb 26, 2020- Feb 10, 2025 92648 do: City of Huntington Beach RA: Andrea Ivey RA Phone: (619)730-9073 RA Email:Andrea.Ivey@theKYAgroup.com Site: HB Sports Complex Address: 18100 Goldenwest St. 92647 Site Qualifications and General Scope of Work DIR# 1000003379 Priced per CMAS-KYA GSA-KYA Services(4-20-78-0089C) Scope: Removal of existing Turf -Haul and dispose Removal of existing pad -Haul and dispose Prep Surface for Installation Supply&apply Weed Barrier Supply&apply Performance Pad Supply&apply Synthetic Turf(Includes Sundries) -Lined for Soccer -Center field logo Supply and Apply infill -Sand and Rubber(50/50) Proposal excludes the following: • Electrical work •Concrete or asphalt work not mentioned above •Excludes Irrigation not mentioned above •Maintenance and maintenance equipment not mentioned. •Engineering,surveying, inspection,or permit fees. •Any Testing for Irrigation,soil,or anything not mentioned. • Removal,disposal,and/or relocation of any obstructions,stockpiles,debris,or excavated materials generated by others. •Traffic/pedestrian control and street sweeping services. •Stormwater pollution prevention plan. •Temporary or Permanent Fencing •Any work not specifically listed above *All work above quoted under standard working hours *All work above is assuming standard access and does not include maintenance to improve access *Tax included in total *Price valid for 30 days Initials This is a legal agreement-please read eaistully Complete and Initial all pages Proposal Number I-I-27373 2 Notes: Sales tax rate will be based upon the shipping address. Price is good for 30 days from date of quote. KVA SCOPE OF WORK - PRICING SERVICES — HB Sports Complex-Outdoor Soccer Field,Turf Replacement Quantity U/M Price Value 157R140N15-MIRAFI HP270(SQ FT) 16,000.00 SF $0.34 $5,440.00 8887730-20-40 SPORTSFIELD SAND 55,000.00 LB $0.18 $9,900.00 10-20 CR SBR CRUMB RUBBER 55,000.00 EA $0.32 $17,600.00 SP17-PERFORMANCE PAD SP17 16,000.00 SF $1.45 $23,200.00 MULTIPLAY-SYNTHETIC TURF-MULTIPLAY 16,000.00 SF $3.56 $56,960.00 TLOGO-SIMPLE LOGO 1.00 EA $1,609.88 $1,609.88 Turf Application(Standard) 16,000.00 SF $3.55 $56,800.00 178799-SYNTETHIC TURF TAPE-SINGLE-LAYER 12"X3 10.00 EA $186.52 $1,865.20 233304-SYNTHETIC TURF ADHESIVE-1 GAL 50.00 EA $73.63 $3,681.50 SUNDRIES-SUNDRIES 1.00 EA $654.48 $654.48 Specialty Equipment Service 1.00 EA $1,973.13 $1,973.13 Bonding Fee 1.00 EA $2,156.21 $2,156.21 Total Price $181,840.40 Initials ,, . This is a legal agreement-please read rare/iillt Complete and Initial all pages Proposal Number l-I-27373 3 KVA CONDITIONS AND WARRANTY SERVICES - 1)Proposal: The above proposal is valid for 30 days from the date first set forth above.After 30 days,we reserve the right to increase prices due to the rise in cost of raw materials,fuel or other cost increases.When applicable,KYA Services LLC reserves the right to implement a surcharge for significant increases in raw materials,including,but not limited to;fuel,and materials.Due to the duration of time between proposals, contracts and final furnishing,KYA Services LLC reserves the right to implement this surcharge when applicable. Any job that is accepted prior to December 31st of the current year and scheduled to install after December 31st of the current year is subject to price increase 2)Purchase: By executing this proposal,or submitting a purchase order pursuant to this proposal(which shall incorporate the terms of this agreement specifically by reference)which is accepted by KYA Services LLC.(the"Company"),the purchaser identified above("you"or the "Purchaser")agrees to purchase the materials and the services to be provided by the"Company",as detailed in the Pricing and"General Scope of Work"sections in this agreement,above. 3)Standard Exclusions: Unless specifically included,this agreement does not include,and Company will not provide services,labor or materials for any of the following work:(a)removal or disposal of any material containing asbestos or any hazardous materials as defined by the EPA;neither we nor our installers are responsible for the handling,removal or abatement of asbestos contained floor material or adhesive.Further,our policy is to request an Asbestos Hazard Emergency Response Act(AHERA)report prior to proceeding with any floor material or floor adhesive removal.We and our installers consider it the owners responsibility to produce this report prior to executing this contract.(b)moving Owner's property around the installation site.(c)repair or replacement of any Purchaser or Owner-supplied materials.(d)repair of concealed underground utilities not located on prints,supplied to Company by Owner during the bidding process,or physically staked out of by the Owner,and which are damaged during construction;or(e)repair of damage to existing surfaces that could occur when construction equipment and vehicles are being used in the normal course of construction. 4)Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company's standard insurance.A copy of the Company's standard insurance is available for your review prior to acceptance of the Company's proposal. 5)Payment: Terms of payment are defined in the"Pricing"details section and are specific to this contract.For purposes of this agreement, "Completion"is defined as being the point at which the materials have been furnished.In any event where Completion cannot be effected due to delays or postponements caused by the Purchaser or Owner,final payment(less 10%retainage)is due within 30 days of the date when the Completion was scheduled,had the delay not occurred.All payments must be made to KYA Services LLC 1800 E McFadden Ave,Santa Ana,CA 92705.If the Purchaser or Owner fails or delays in making any scheduled milestone payments,the Company may suspend the fulfilment of its obligations hereunder until such payments are made,or Company may be relieved of its obligations hereunder if payment is more than 60 days past due.Company may use all remedies available to it under current laws,including but not limited to filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt. 6)Lien Releases: Upon request by Owner,Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner,Company will provide a full release of liens upon receipt of final payment.In accordance with state laws,Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens. 7)Site Plan Approval,Permit/s,Permit Fees,Plans,Engineering Drawings and Surveying: Site plan approval,permits,permit fees,plans,engineering drawings and surveying are specifically excluded from this agreement and the Services unless specified under the "General Scope of Work".The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained.Sealed engineered drawings that are required but not included in the"General Scope of Work" will result in additional cost to Purchaser. 8)Manufacturing and Delivery: Manufacturing lead-time and delivery varies depending on the product purchased. Initials This is a legal agreement-please read carefully Complete and Initial all pages Proposal Number I-I-27373 4 KVA SERVICES 9)Returned Product,Deposits and/or Cancelled Order: From date of shipment from our facility,all returned product(s)and cancelled orders are subject to a 50%restocking fee.No returns are available following this date.All deposits are non-refundable. 10)Concealed Conditions: "Concealed conditions"include,without limitation to,water,gas,sprinkler,electrical and sewage lines,post tension cables,and steel rebar.Observations that were able to be made either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was approved.If additional Concealed Conditions are discovered once work has commenced which were not visible at the time this proposal was approved,Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a change order for any additional work.In any event,any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water,hard rock(such as limestone,caliche,etc.),rocks bigger than 4inches in diameter or any other condition that will require additional labor,equipment and/or materials not specified by the purchaser or Owner in the bidding process. Any condition requiring additional labor,equipment,and/or materials to complete the drilling or concrete operations will require a change order before Company will complete the process.Any variation will incur additional charges. 11)Changes in the Work: During the course of this project,Purchaser may order changes in the work(both additions and deletions).The cost of these changes will be determined by the Company,and a change order must be completed and signed by both the Purchaser and the Company,which will detail the"General Scope of the Change Order".Should any change be essential to the completion of the project,and the Purchaser refuses to authorize such change order,then Company will be deemed to have performed its part of the project,and the project and Services will be terminated.Upon such termination,Company will submit a final billing to Purchaser for payment,less labor allowance for work not performed but including additional charges incurred due to the stoppage.No credit will be allowed for materials sold and supplied,which will remain the property of the Purchaser. 12)Warranty:Limitations of Liability: Company warrants that all Company-supplied labor and Services will be performed in a good and workmanlike manner.Purchaser shall notify the Company in writing detailing any defects in Service for which a warranty claim is being made. COMPANY SHALL NOT IN ANY EVENT BE LIABLE FOR INDIRECT,SPECIAL,CONSEQUENTIAL,INCIDENTAL,PUNITIVE OR LIQUIDATED DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT,WHETHER BASED IN CONTRACT, TORT(INCLUDING NEGLIGENCE),INTENDED CONDUCT OR OTHERWISE,INCLUDING WITHOUT LIMITATION,DAMAGES RELATING TO LOSS OF PROFITS,INCOME OR GOODWILL,REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY FOR MONETARY DAMAGES UNDER THIS AGREEMENT EXCEED THE FEES PAID OR DUE AND PAYABLE FOR THE SERVICE UNDER THIS AGREEMENT(OR RELEVANT PURCHASE ORDER). The warranties or the materials are contained in a separate document between Company and the ultimate Owner of the materials,which will be provided to Owner at the time of completion of work. 13)Indemnification: To the fullest extent permitted by law.Purchaser shall indemnify,defend and hold harmless the Company and its consultants,agents and employees or any of them from and against claims,damages,losses and expenses,including but not limited to attorney's fees,relating to furnishing of the materials or performance of the Services,provided that such claim,damage, loss or expense is attributable to bodily injury to,sickness,disease or death of a person,or injury to or destruction of tangible property,but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents,employees,or subcontractors or anyone directly or indirectly employed by them or anyone for whose acts they may be liable,regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder.Such obligation shall not be construed to negate,abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 13. 14)Delegation:Subcontractors: The Services and furnishing of materials may be performed by subcontractors under appropriate agreements with the Company Initials This is a legal agreement-please read ear/idlr Complete and Initial all pages. Proposal Number 1-I-27373 5 KVA SERVICES — 15)Force Maieure:Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or furnishing of materials when such failure or delay is due to any cause beyond the control of the Company,due to compliance with governmental regulations,or orders,or due to any acts of God,lockouts,slowdowns,wars or shortages in transportation,materials or labor. 16)Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Santa Ana,CA by a single arbitrator selected by the parties or by the American Arbitration Association,and conducted in accordance with the construction industry arbitration rules.Judgement upon the award may be entered in any court having jurisdiction thereof. 17)Entire Agreement:No Reliance: This agreement represents and contains the entire agreement between the parties.Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement.Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein,including without limitation any statements as to the materials,warranties or services provided hereunder. 18)No Third-Party Beneficiaries: This agreements creates no third party rights or obligations between Company and any other person,including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement. 19)Governing Law: This agreement will be constructed and enforced in accordance with the laws of the State of California. 20)Assignment: Purchaser may not assign this agreement,by operation of law or otherwise,without the prior written consent of the Company.The agreements shall be binding upon and ensure to the benefit of the Company and the Purchaser,and their successors and permitted assigns. Executed to be effective as of the date executed by the Company: KYA Services LLC Accepted by: Signature: Signature: riced/rea '2eete By:(Print) By:(Print) Andrea Ivey Title: Title: Regional Advisor Date: Date: December 09,2022 Initials 4, This is a legal agreement-please read rarm°lidlr Complete and Initial all pages Proposal Number 1-1-27373 6 I ® DATE(MM/DD/YYYY) .�►CRD CERTIFICATE OF LIABILITY INSURANCE ���� 2/28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ERM Insurance Brokers LLC NAME; Lorena Casallas 111 Corporate Drive,Suite 200 ((AJC,No.ski):949-596-0291 ONE FAX Nol:949-222-0445 Ladera Ranch CA 92694 E-MAILDRSS: lorenaeerminsurance.com INSURER(8)AFFORDING COVERAGE NAtC 8 License#:OM63278 INSURER A:Valley Forge Insurance Company 20508 INSURED KYASERV-01 INSURER B:Transportation Ins Co 20494 KYA Services LLC 1800 E.McFadden Ave. INSURER C:Starr Indemnity&Liability Co 38318 Santa Ana CA 92705 INSURER D:Berkley National Insurance Corn 38911 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:500397883 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 AeDL SUBR POLICY EFF POLICY EXP LIR TYPE OF INSURANCE INSD,WVD POLICY NUMBER (MMIDDIYYYY) IMM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 7036616162 2/27/2023 2/27/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE n OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $16,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS•COMP/OP AGO $2,000,000 OTHER: Deductible $$5,000 B AUTOMOBILE LIABILITY Y Y 7038818178 2/27/2023 2/27/2024 CaBEDtSINGLELMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY AUTOS ONLY (Per accidentl C UMBRELLA LIAB X OCCUR 1000588259231 2/27/2023 2/27/2024 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000.000 DED RETENTIONS S WORKERS COMPENSATION PER OTH• AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUOED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D leesedrrented equipment MCO 1078871 2/27/2023 2/27/2024 ded$1,000 250,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS l VEHICLES HICLES(ACORD 101,Additional Remarks Schedule, be attached If space Is requlcac,� t g Certificate holder Is additional insured per CG2010/CG2037 1219;waiver of subrogation, rime /non-contributo ate per CNA74705 115;auto additional Insured per CNA63359 0412 includes waiver of subrogation;primary/non-contributory wo ding per C 012 30 day notice of cancellation except 10 days for non-payment re:1-1-27373 City of Huntington Mlry •l.Er GATES Certificate holder/additional Insured continued:City of Huntington Beach,Its officers elected or appointed officials,emg sJ NV)Volunteers ITV OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved.. ACORD 25(2018/03) The ACORD name and logo are registered marks of ACORD 21F6 CERTIFICATE OF LIABILITY INSURANCE OATE 01/272023""' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AON RISK SERVICES SOUTH INC NAME: Aon Risk Services,Inc of Florida 3550 LENOX ROAD NORTHEAST PHONE FAX SUITE 1700 (Am,No,Ext):833-508.1544 (AK:,No): IL ATLANTA GA 30326 ADDRESS: work,comp@trinet.com INSURER(S)AFFORDING COVERAGE NAIC INSURER A:ACE American Insurance Company 22887 INSURED INSURER B TriNet HR II Holdings,Inc.L/C!F Kya services,LLC 1 Park Place,Suite 600 INSURER C: Dublin,CA 94568-7983 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:15628291 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. ILTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDDNYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS•MADE OCCUR PREMISES(Ea occurrence) S MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY PROJECT LOC PRODUCTS-COMP/OP AGO $ OTHER S AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) S _ANY AUTO BODILY INJURY(Per person) $ OWNED —SCHEDULED _AUTOS ONLY AUTOS BODILY INJURY(Per accident), S HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY _ _ (Per accident) $ S _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC I I RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YI N X STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 WLR_C52096219 E.L.EACH ACCIDENT S 2,000,000 OFFICER/MEMBER EXCLUDED? N 03/01/2023 03/01/2024 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 II yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached II more space Is required) Workers Compensation coverage Is limited to worksite employees of Kya services,LLC through a co-employment agreement with TriNet HR II-A,Inc.. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Mein Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE pion ask eetvices South 2ne ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD CNA 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) City of Huntington Beach, its officers elected or appointed officials, agents, and volunteers CG 20 10(12-19) Policy 7036616162 Effective Date: 2-27-23 Insured Name: KYA Services LLC Copyright Insurance Services Office, Inc., 2012 CNA Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Location(s)Of Covered Operations Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section Il — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 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. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished In connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: if coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 10(12-19) Policy 7036616162 Effective Date: 2-27-23 Insured Name: KYA Services LLC Copyright Insurance Services Office, Inc., 2012 CNA Additional Insured - Owners, Lessees or Contractors - Completed Operations This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) City of Huntington Beach, its officers elected or appointed officials, agents and volunteers Location And Description Of Completed Operations CG 20 37(12-19) Policy No: 7036616162 Insured Name:KYA Services LLC Effective Date: 2-27-2023 Copyright Insurance Services Office,Inc.,2012 CNA Additional Insured - Owners, Lessees or Contractors - Completed Operations 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37(12-19) Policy No: 7036616162 Insured Name:KYA Services LLC Effective Date: 2-27-2023 Copyright Insurance Services Office, Inc.,2012 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It Is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability-Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability— Damage To Premises / Alienated Premises / Property In The Named insured's Care, Custody or Control 16. Liquor Liability a 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising injury-Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation—Blanket .= 26. Wrap-Up Extension:OCIP CCIP,or Consolidated(Wrap-Up)Insurance Programs CNA74705XX(1-15) Policy No: 7036616162 Page 1 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name:KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted materiel of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising Injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement;or (2) coverage broader than required by such contract or agreement, and In no event broader than that described by the applicable paragraph A.through H.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest In a Named insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured;or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising Injury caused, in whole or In part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX(1-15) Policy No: 7036616162 Page 2 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission, CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership,maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership,maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners, or decorations and similar exposures;or b. the construction,erection,or removal of elevators;or c. the ownership,maintenance or use of any elevators covered by this insurance;or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: 0 a a. Bodily injury,property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor,presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only o with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: iB CNA74705XX(1-15) Policy No: 7036616162 Page 3 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name:KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office.Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions;or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own Insurance means insurance on which the additional Insured is a named Insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily Injury means physical injury, sickness or disease sustained by a person, Including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE!NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part, However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part;or CNA74705XX(1-15) Policy No: 7036616162 Page 4 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission, CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership,limited liability company or joint venture;or (b) arty organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above,this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases;nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k.and I.and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it,or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse;or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and Included in the products-completed — operations hazard. = This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor;or mms CNA74705XX(1-15) Policy No: 7036616162 Page 5 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission, CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse;or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that Is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of Insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to Indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnities an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or falling to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications;or (b) Giving directions or instructions, or falling to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (I) above and supervisory, inspection,architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX(1-15) Policy No: 7036616162 Page 6 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted materiel of Insurance Services Office,Inc.,with Its permission, CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions Is amended to delete exclusion p. Electronic Data and replace it with the following: This Insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information,health information or any other type of nonpublic information;or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph(1)or(2)above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (Including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives,cells,data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: to Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused it; b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at 9 p p Y pY � Y the time of the occurrence that caused it;or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical Injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance,electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this = policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for r= — CNA74705XX(1-15) Policy No: 7036616162 Page 7 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This Insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown In the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A,except damages because of bodily Injury or property damage included in the products-completed operations hazard;and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B,regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown In the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily Injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown In the Declarations, regardless of the number of projects involved. CNA74705XX(1-15) Policy No: 7036616162 Page 8 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of insurance Services Office,Inc.,with its permission. • CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily Injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily Injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. fii. add the following additional exclusions: This insurance does not apply to: Discrimination °! any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on a= an individuals race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. BEES — Medicare/Medicaid Fraud CNA74705XX(1-15) Policy No: 7036616162 Page 9 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name:KYA SERVICES LLC Copyright CNA Ail Rights Reserved. Includes copyrighted materiel of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care Incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; j. Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care Incident.All acts, errors or omissions that are logically connected by any common fact,circumstance,situation,transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and CNA74705XX (1-15) Policy No: 7036616162 Page 10 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA Al Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business;and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily Injury arises out of a health care Incident. b. delete Subparagraphs(a),(b),(c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer Instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP!LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization Is an Insured with respect to the conduct of any current or past partnership,Joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date;and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company;and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated(wrap-up)Insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES 1 PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX(1-15) Policy No: 7036616162 Page 11 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name:KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies,including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care,custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations;or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs(1), (3)and (4)of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE, Paragraph(2)of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs(3)and(4)of this exclusion do not apply to property damage to: i. tools,or equipment the Named Insured borrows from others,nor li. other personal property of others In the Named Insured's care,custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs(3)and(4)does not apply to: a. property at a job site awaiting or during such property's installation,fabrication,or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto,aircraft or watercraft; d. property In transit;or e. any portion of property damage for which the Insured has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits,or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX(1-15) Policy No: 7036616162 Page 12 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name:KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with ifs permission. CNA cNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace It with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds$1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5.above, (the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit Is the greater of: a. $500,000;or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(1i)of the Other Insurance Condition is deleted and replaced by the following: (It) That is property Insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care,custody or control; g 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part, 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7, (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C—Medical Payments for all medical expenses because of bodily injury SEM sustained by any one person.The Medical Expense Limit is the greater of: im mo _ (1) $15,000 unless a different amount is shown here; $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. SEE SEM CNA74705XX(1-15) Policy No: 7036616162 Page 13 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date; 02/27/2023 insured Name:KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission, CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions Is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained,paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that Is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long;and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in Injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising Injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: CNA74705XX(1-15) Policy No: 7036616162 Page 14 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement;or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d.Is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs(3), (4)and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX(1-15) Policy No: 7036616162 Page 15 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property Insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace It with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations;or 2. your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part;and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP,CCIP, OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project In the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.i.P.) or Contractor Controlled Insurance Programs(C.C.I.P.)is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named insured become legally obligated to pay as damages because of: 1. Bodily injury,property damage,or personal or advertising Injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf;nor CNA74705XX(1-15) Policy No: 7036616162 Page 16 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily Injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) Insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program(O.C.I.P.)or Contractor Controlled Insurance Program(C.C.I.P.), Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency,including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments;and 2. the common areas and structures appurtenant to the structures In paragraph 1. (including pools, hot tubs, detached garages,guest houses or any similar structures). However,when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. gAll other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and Is for attachment to the Policy issued by the designated Insurers,takes effect b- on the effective date of said Policy at the hour stated In said Policy, unless another effective date is shown below, and expires concurrently with said Policy. EMS CNA74705XX(1-15) Policy No: 7036616162 Page 17 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 02/27/2023 Insured Name: KYA SERVICES LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Policy Number: 7036616176 CNA63359XX CNA (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE 4. An "employee" of yours is an "insured" A. Who Is An Insured while operating an "auto" hired or rented under a contract or agreement in that The following is added to Section II, Paragraph "employee's" name, with your permission, A.1.,Who Is An Insured: while performing duties related to the 1. a. Any Incorporated entity of which the conduct of your business. Named Insured owns a majority of the "Policy,"as used in this provision A.Who Is An voting stock on the date of inception of insured, includes those policies that were in this Coverage Form; provided that, force on the inception date of this Coverage b. The insurance afforded by this Form but: provision A.1. does not apply to any 1. Which are no longer in force; or such entity that is an "insured" under 2. Whose limits have been exhausted. any other liability "policy" providing "auto"coverage. B. Ball Bonds and Loss of Earnings 2. Any organization you newly acquire or form, Section II, Paragraphs A.2. (2) and A.2. (4) other than a limited liability company, are revised as follows: partnership or joint venture, and over which 1. In a.(2), the limit for the cost of bail bonds is you maintain majority ownership interest. changed from$2,000 to$5,000; and The insurance afforded by this provision 2. In a.(4), the limit for the loss of earnings is A.2., changed from$250 to$500 a day. a. Is effective on the acquisition or C. Fellow Employee formation date, and is afforded only until the end of the policy period of this Section II,Paragraph B.5 does not apply. Coverage Form,or the next anniversary Such coverage as is afforded by this provision of its inception date, whichever is C. is excess over anyother collectible earlier. insurance. b. Does not apply to: II. PHYSICAL DAMAGE COVERAGE (1) "Bodily injury"or"property damage" A. Glass Breakage- HittingA Bird Or Animal- caused by an "accident" that g occurred before you acquired or Falling Objects Or Missiles formed the organization; or The following is added to Section III, (2) Any such organization that is an Paragraph A.3.: "insured" under any other liability With respect to any covered "auto," any "policy" providing"auto"coverage. deductible shown in the Declarations will not 3. Any person or organization that you are apply to glass breakage if such glass is required by a written contract to name as repaired, in a manner acceptable to us, rather an additional insured is an "insured" but than replaced. only with respect to their legal liability for B. Transportation Expenses acts or omissions of a person, who qualifies as an "insured" under Section II - Who Is Section III, Paragraph A.4.a. is revised, with An Insured and for whom Liability Coverage respect to transportation expense incurred by is afforded under this policy. If required by you,to provide: written contract, this insurance will be a. $60 per day, in lieu of$20; subject to primary and non-contributory to insurance on which the additional insured is a Named b. $1,800 maximum, in lieu of$600. Insured. C. Loss of Use Expenses CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the insurance Services Office used with its permission. CNA63359XX CNA (Ed. 04/12) Section III, Paragraph A.4.b. is revised, with c. Physical Damage Coverage on a covered respect to toss of use expenses incurred by "auto" also applies to "loss" to any you,to provide: permanently installed electronic equipment a. $1,000 maximum, in lieu of$600. including its antennas and other accessories. D. Hired"Autos" d. A $100 per occurrence deductible applies The following is added to Section III. to the coverage provided by this provision. Paragraph A.: G. Diminution in Value 5. Hired"Autos" The following is added to Section III, If Physical Damage coverage is provided under Paragraph B.6.: this policy, and such coverage does not extend Subject to the following, the "diminution in to Hired Autos, then Physical Damage coverage value"exclusion does not apply to: is extended to: a. Any covered "auto"you lease, hire, rent a. Any covered "auto" of the private or borrow without a driver; and passenger type you lease, hire, rent or borrow, without a driver for a period of b. Any covered "auto" hired or rented by 30 days or less, while performing duties your"employee"without a driver, under related to the conduct of your business; a contract in that individual and "employee's" name, with your b. Any covered "auto" of the private permission, while performing duties passenger type hired or rented by your related to the conduct of your business. "employee"without a driver for a period c. The most we will pay for any one of 30 days or less, under a contract in "accident" or "loss" is the actual cash that individual "employee's" name, with value, cost of repair, cost of your permission, while performing replacement or $75,000, whichever is duties related to the conduct of your less, minus a $500 deductible for each business, covered auto. No deductible applies to c. Such coverage as is provided by this "loss"caused by fire or lightning. provision is limited to a "diminution in d. The physical damage coverage as is value" loss arising directly out of provided by this provision is equal to accidental damage and not as a result the physical damage coverage(s) of the failure to make repairs; faulty or provided on your owned "autos." incomplete maintenance or repairs; or the installation of substandard parts. e. Such physical damage coverage for d. The most we will pay for "loss" to a hired"autos"will: covered "auto" in any one accident is (1) Include loss of use, provided it is the lesser of: the consequence of an "accident" (1) $5,000; or for which the Named Insured is (2) 20% of the "auto's" actual cash legally liable, and as a result of which a monetary loss is sustained value(ACV). by the leasing or rental concern, III. Drive Other Car Coverage—Executive Officers (2) Such coverage as is provided by The following is added to Sections II and lil: this provision will be subject to a 1. Any "auto" you don't own, hire or borrow is a limit of$750 per"accident." covered "auto" for Liability Coverage while E. Airbag Coverage being used by, and for Physical Damage The following is added to Section III, Coverage while in the care, custody or control Paragraph B.3.: of, any of your"executive officers,"except: The accidental discharge of an airbag shall not a. An "auto" owned by that "executive officer" be considered mechanical breakdown. or a member of that person's household; or F. Electronic Equipment b. An "auto" used by that "executive officer" while working in a business of selling, Section Ill, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking"autos." deleted and replaced by the following: CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX CNA (Ed. 04/12) Such Liability and/or Physical Damage We waive any right of recovery we may have, Coverage as is afforded by this provision. because of payments we make for injury or (1) Equal to the greatest of those damage, against any person or organization for overages afforded any covered "auto"; whom or which you are required by written c cod contract or agreement to obtain this waiver from us. (2) Excess over any other collectible This injury or damage must arise out of your insurance. activities under a contract with that person or 2. For purposes of this provision, "executive organization. officer" means a person holding any of the You must agree to that requirement prior to an officer positions created by your charter, "accident"or"foss." constitution, by-laws or any other similar governing document, and, while a resident of C. Concealment, Misrepresentation or Fraud the same household, includes that person's The followingis added to Section IV, spouse. Paragraph B.2.: Such "executive officers" are "insureds" while Your failure to disclose all hazards existing on the using a covered "auto" described in this date of inception of this Coverage Form shall not provision. prejudice you with respect to the coverage afforded IV. BUSINESS AUTO CONDITIONS provided such failure or omission is not intentional. A. Duties In The Event Of Accident, Claim, Suit D. Other Insurance Or Loss The following Is added to Section IV, The following is added to Section IV, Paragraph B.5.: Paragraph A.2.a.: Regardless of the provisions of Paragraphs 5.a. (4) Your "employees" may know of an and 5.d. above, the coverage provided by this "accident" or "loss." This will not mean policy shall be on a primary non-contributory that you have such knowledge, unless basis. This provision is applicable only when such "accident" or "loss" is known to required by a written contract. That written you or if you are not an individual, to contract must have been entered into prior to any of your executive officers or "Accident"or"Loss." partners or your insurance manager. E. Policy Period, Coverage Territory The following is added to Section 1V, Section IV, Paragraph B. 7.(5).(a). is revised Paragraph A.2.b.: to provide: (6) Your "employees" may know of a. 45 days of coverage in lieu of 30 days. documents received concerning a claim or "suit." This will not mean that you V. DEFINITIONS have such knowledge, unless receipt of Section V. Paragraph C. is deleted and replaced such documents is known to you or If the V. p you are not an individual, to any of your byg: executive officers or partners or your "Bodily Injury" means bodily injury, sickness or insurance manager. disease sustained by a person, including mental B. Transfer Of Rights Of Recovery Against anguish, mental injury or death resulting from any of Others To Us these. The following is added to Section IV, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us: CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with Its permission. PoiicyNumber: 7036616176 CNA It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORMas follows: SCHEDULE Name of Additional Insured Persons Or Organizations Name of Person or Organizaticn 1. In conformance with paragraph A.1.c. of Who Is An Insuredof Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non- contributory basis if you have committed It to be so in a written contract or written agreement executed prior to the date of the 'occident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to thepolicy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX(10-2012} C9 Copyright CNA An Rights Reserved. ROB DATE(MM10D/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/23/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lorena Casallas ERM Insurance Brokers LLC PHONE PAX 111 Corporate Drive, Suite 200 (A1c.No.Eat):949-596-0291 we,No):949-222-0445 Ladera Ranch CA 92694 ADDRESS: lorena@erminsurance,com INSURER(S)AFFORDING COVERAGE NAIC# Licenselt:0M63276 INSURER A:The Ohio Casually Ins Co 24074 INSURED KYASERV-01 INSURER B:Homesite Insurance Company 17221 KYA Services LLC 1800 E.McFadden Ave. INSURER C:Everest National Insurance 10120 Santa Ana CA 92705 INSURER o:West American Insurance Co. 44393 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:1880287402 REVISION NUMBER: THIS 1S 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 AWL SUER POLICY EFF POLICY EXP LIMITS INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY Y Y BLO(23)56002851 2/27/2022 2/27/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $500,000 MED EXP(Any one person) $16,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X J£C LOC PRODUCTS-COMP/OP AGO $2,000,000 OTHER: Deductible $$5,000 C AUTOMOBILE LIABILITY Y Y CFICA00366-221 2/27/2022 2/27/2023 COMBINED SINGLE LIMIT $1,000,000 (Ee ecc{denq ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS x HIRED -v NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) B UMBRELLA LAB X OCCUR CXP-003756-00 2/27/2022 2/27/2023 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABIUTY YIN STA STATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTIVE (-, N!A E.L.EACH ACCIDENT $ OFFICE MEMBER EXCLUDED? I ) (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ I(yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 0 leased/rented equipment BKS(23)56002851 5/18/2022 2/27/2023 ded$1,000 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) Certificate holder Is additional insured per CG2012 0413;waiver of subrogation per CG2404 0509,primary/non-contributory wording per CG8810 0413;project aggregate per G8870 1208;30-day cancellation per CG80610511;auto additional insured per ECA04521 0414,waiver of subrogation per ECA24503 0214; primary/non-contributory wording ECA24509 0414; 30 day notice of cancellation except 10 days for non-pa ROVED AS TO FORM re: 1-1-27373 City of Huntington Certificate holder/additional insured continued:City of Huntington Beach,its officers elected or appointed officials empro` e age)nts and volunteers NIICHAEL E.0 CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION (:iTY OF HUICrI uTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. • City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD /�'� 21 F6 ® DATE(MMIDD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 11l30l2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be--- endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Services,Inc of Florida AON RISK SERVICES SOUTH INC NAME: 3550 LENOX ROAD NORTHEAST PHONE FAX Eat):833-506-1544 A SUITE 1700 (Arc, ,No): ATLANTA(IA30326 ADDRESS: work.comp@trinet.com INSURER(S)AFFORDING COVERAGE NAIC lI INSURER A:ACE American Insurance Company 22667 INSURED INSURER B: TriNet HR II Holdings,Inc.UC1F Kya services,LLC 1 Park Place,Suite 600 INSURER C: Dublin.CA 94568-7983 INSURER D: INSURER£: INSURER F: COVERAGES CERTIFICATE NUMBER: 15599237 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 NUMBER POUCY EFF POLICY EXP LIMITS LTR INSR WVD (MWDD/YYYY) (MWDONYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) S MED EXP(Any one person) S PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY IT PROJECT n LOC PRODUCTS-COMPIOP AGG S OTHER S AUTOMOBILE LIABILITY COMBINEDEa accident) SINGLE LIMIT ide S ANY AUTO BODILY INJURY(Per person) S OWNED —SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S T HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) S _ S .. UMBRELLA LIAB _OCCUR EACH OCCURRENCE , S — EXCESS LIAB CLAIMS-MADE AGGREGATE S DEC I I RETENTION S WORKERS COMPENSATION X STATUTE EOTH AND EMPLOYERS'UABILITY YI N R A ANY PROPRIETORIPARTNER/EXECUTIVE ri WLR_C71172727 E.L.EACH ACCIDENT 5 2,000,000 OFFICER/MEMBER EXCLUDED? N/A 11/16/2022 03/01/2023 (Mandatory In NH) E.L,DISEASE-EA EMPLOYEE S 2,000,000 IIyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Workers Compensation coverage Is limited to worksite employees of Kya services,LLC through a co-employment agreement with TriNet HR II-A,Inc.. CERTIFICATE HOLDER CANCELLATION City ci Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE on dit6h jj'e'tviceb 8out/e, lbw ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ' Policy Number: BLO(23)56002851 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS "—= This endorsement modifies insurance provided under the following: '—^ COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: CITY OF HUNTINGTON BEACH, ITS OFFICERS ELECTED OR APPOINTED OFFICIALS, AGENTS,AND VOLUNTEERS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage" governmental agency or subdivision or politi- or "personal and advertising injury" cal subdivision shown in the Schedule, sub- arising out of operations performed ject to the following provisions: for the federal government, state or 1. This insurance applies only with respect municipality; or to operations performed by you or on b. "Bodily injury" or "property dam- your behalf for which the state or gov- age" included within the "products- ernmental agency or subdivision or po- completed operations hazard". litical subdivision has issued a permit or B. With respect to the insurance afforded to authorization. these additional insureds, the following is However: added to Section III -Limits Of Insurance: a. The insurance afforded to such addi- If coverage provided to the additional insured tional insured only applies to the ex- is required by a contract or agreement, the tent permitted by law; and most we will pay on behalf of the additional b. If coverage provided to the addition- insured is the amount of insurance: al insured is required by a contract or 1. Required by the contract or agreement; agreement, the insurance afforded to or such additional insured will not be 2. Available under the applicable Limits of broader than that which you are re- Insurance shown in the Declarations; quired by the contract or agreement to provide for such additional in- whichever is less. sured. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. CG 20 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: BLO(23)56002851 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of Huntington Beach, its officers elected or appointed officials, agents, and volunteers l ; Location And Description Of Completed Operations 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 include as an additional insured the person(s) these additional insureds, the following is or organization(s) shown in the Schedule, but added to Section III -Limits Of Insurance: only with respect to liability for "bodily in- If coverage provided to the additional insured jury" or "property damage" caused, in whole is required by a contract or agreement, the or in part, by "your work" at the location des- most we will pay on behalf of the additional ignated and described in the Schedule of this insured is the amount of insurance: endorsement performed for that additional 1. Required bythe contract or agreement; insured and included in the products-corn- q pleted operations hazard". or However: 2. Available under the applicable Limits of Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permit- ted by law; and This endorsement shall not increase the ap- t. If coverage provided to the additional in- plicable Limits of Insurance shown in the Dec- sured is required by a contract or agree- larations. ment, 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 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 BLO(23)56002851 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY-ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES A AND B 3 ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS•EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" S WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO iS AN INSURED-FELLOW EMPLOYEE EXTENSION-MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US- 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU v 2013 Liberty Mutual Insurance CG 8810 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I • Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired,chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate,Issued by the duly constituted authority of the United States of America or Canada,designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible Insurance,whether primary,excess (other than insurance written to apply specifically in excess of this policy),contingent or on any other basis,that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2)of exclusion g.Aircraft Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 62 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A-Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts.Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance,Paragraph b.Excess Insurance: The Insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary,excess,contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2.Exclusions of Section i-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs(1), (3)and (4)of this exclusion do not apply to "property damage" (other than damage by fire, lightning,explosion,smoke,or leakage from an automatic fire protection system)to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III-Limits Of Insurance. 2. Paragraph 6. under Section III-Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D, EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)-Paragraph 9.a.of Definitions is replaced with the following: 9.a. A contract for a lease of premises, However, that portion of the contract for a lease of premises that Indemnifies arty person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement,is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION if Coverage C Medical Payments is not otherwise excluded,the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES A AND B 1. Under Supplementary Payments-Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d.is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2, under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions,or the acts or omissions of those acting on your behalf,in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance,operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection,or removal of elevators; or (c) The ownership,maintenance,or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured Is required by a contract or agreement, the insur- ance 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. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work,on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The Insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury"or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or"personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,surveys,field orders,change orders or drawings and specifications; or (2) Supervisory, inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of,or the failure to render,any professional architectural,engineering or surveying services. d. "Bodily injury" or "property damage"occurring after: (1) Ali work, including materials, parts or equipment furnished in connection with such work,on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds,the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a.Primary Insurance: if an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis,this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. a 2013 Liberty Mutual insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. Page 6 of 8 b. The following is added to Paragraph b.Excess insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement,or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional Insured under any form or endorsement under this policy. 1. The following is added to Condition 2.Duties In The Event Of Occurrence,Offense,Claim or Suit: An additional Insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have Insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a toss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of Insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Ill - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED-FELLOW EMPLOYEE EXTENSION-MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II-Who Is An Insured Is replaced with the following: (1) "Bodily injury" or"personal and advertising injury": (a) To you,to your partners or members(if you are a partnership or joint venture),to your members (if you are a limited liability company),to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph(1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1) (a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services.However, if you are not In the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs(a)and (b)above do not apply to "bodily injury" or"personal and advertising injury"caused by an "employee" who is acting in a supervisory capacity for you.Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily Injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct,which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J.is excess over any other valid and collectable insurance available to your"employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II-Who is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization.However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV- Commercial General Liability Conditions,the following is added to Condition 6.Repre- sentations: Your failure to disclose ail hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT Under Section iV-Commercial General Liability Conditions,the following is added to Condition 2.Duties In The Event of Occurrence,Offense,Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the Insured unless an insured listed under Paragraph 1. of Section II-Who Is An Insured or a parson who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge,your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V•Definitions,Definition 3.is replaced by the following: 3, "Bodily injury" means physical Injury, sickness or disease sustained by a person, This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. 2013 Liberty Mutual Insurance CG 8810 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Is replaced by the following: a. Expected Or Intended Injury "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions,the following is added to Condition 8.Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization 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" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 2013 Liberty Mutual insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 BLO(23)56002851 COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) -GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under Section I—Coverage A-Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I—Coverage C Medical Payments,which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A,except damages because of"bodily injury"or"property damage" included in the "products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I--Coverage A-Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I—Coverage C Medical Payments,which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the"products-completed operations hazard"is provided, any payments for damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned,delayed, or abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,the project will still be deemed to be the same construction project. E. The provisions of Section III-Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 1 2/3 Policy Number: CF1CA00368-221 COMMERCIAL AUTO ECA04 521 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART SCHEDULE Name Of Additional Insured Organization ALL ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE NAMED AS AN ADDITIONAL INSURED ON THIS POLICY WITH REGARD TO THEIR OPERATION, MAINTENANCE,OR USE OF A COVERED"AUTO". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to the Who Is An Insured B. Is executed after the date of"loss". paragraph under Section II--Liability Coverage: This paragraph does not apply if: The organization shown in the Schedule with respect 1. The terms and conditions of the written to the operation, maintenance, or use of a covered "insured contract" had been agreed upon prior "auto" if you are required to add such organization to to the"accident"or"loss"; and this policy as an additional insured in order to comply 2. You can definitively establish that the terms with the terms of a written"insured contract"or written and conditions of the written "insured contract" agreement. This does not apply when such contract ultimately executed are the same as those or agreement: which had been agreed upon prior to the A. Involves the owner or anyone else from whom you "accident"or"loss". hire or borrow a covered "auto" unless it is a "trailer'connected to a covered"auto"you own;or ECA 04 521 04 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission INSURED COPY Policy Number: CF1CA00368-221 COMMERCIAL AUTO ECA 24 503 02 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person or Organization: ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED, THE WRITTEN CONTRACT MUST BE SIGNED PRIOR TO THE DATE OF THE"ACCIDENT". (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: 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 an "accident" or"loss", provided that you are required under a written agree- ment to waive your rights of recovery. The written agreement must be made prior to the date of the "accident" or "loss". This waiver applies only to the person or organization shown in the Schedule above. ECA 24 503 02 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 0 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. INSURED COPY Policy Number: CF1CA00368-221 COMMERCIAL AUTO ECA 24 509 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION - BLANKET This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Paragraph c. of the Other Insurance General Condition is replaced by the following: c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any liability assumed under an "insured contract" that requires liability to be assumed on a primary noncontributory basis. Additionally, only the coverage and limit of insurance requirements of the "insured contract" shall apply, and in no event shall those requirements exceed the coverage and limits of insurance provided under this policy. ECA 24 509 04 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission INSURED COPY • PREMIUM IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT $! AIA Document A312TM — 2010 Performance Bond Bond No. 0829550 Premium: $2,168.00 CONTRACTOR: KYA Services, LLC SURETY:Harco National Insurance Company (Name, legal status and address) (Name, legal status and principal place of business) 1800 E.McFadden Ave 4200 Six Forks Road,Suite 1400 Santa Ana,CA 92705 Raleigh, NC 27609 This document has important legal consequences.Consultation with OWNER: an attorney is encouraged with respect to its completion or (Name, legal status and address) modification. City of Huntington Beach 2000 Main Street Any singular reference to Huntington Beach, CA 92648 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Dater December 15,2022 AIA Document A312-2010 combines two separate bonds,a Amount: One Hundred Eighty-one Thousand Eight Hundred Forty And 401100Dollars Performance Bond and a ($181,840.40) Payment Bond,into one form. This is not a single combined Description HB Sports Complex-Outdoor Soccer Field,Turf Replacement; Performance and Payment Bond. (Name and location)29004-OP; KYA Job No. 1-1-27373 BOND Date: December 21,2022 (Not earlier than Construction Contract Date) Amount One Hundred Eighty-one Thousand Eight Hundred Forty And 401100Dollars($181,840.40) Modifications to this Bond: 0 None 0 See Section 16 ,',1`r''''''''CONTRACTOR AS PRINCIPAL SURETY �� Se'''' y: (C rporate Seal) Company: (Corporat•Seal) a•••.� :�g � �.nraices, C Harco National Ins %• Comp-fly �\2O1 -a 'e= Signature: / S�LNa�me a ey-d V2124y-J Name Irene L ongr. VI;°: C, <Ad h I and Title: Attorney-I act 0/1r`' MP (,4 itional signatures appear on the last page of this Performance :incl.),I ''�f''C„a`(Ff1R INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) The Bond Exchange and Insurance Agency 24800 Chrisanta Drive,Suite 160,Mission Viejo,CA 92691 Agency Telephone:949-461-7000 AIA Document A312TM—2010.The American Institute of Architects.This document was created on under the terms of Init. AIA Documents-on-DemandTM order no. ,and is not for resale.This document is licensed by The American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. 061010 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors- §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incun-ed by the Owner as a result of the Contractor Default or §5.4 Waive its right to perform and complete,an-ange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312T"—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-DemandT"order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 2 one-time use only,and may not be reproduced prior to its completion. §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations'.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor wider the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14,5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. AIA Document A312"—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-Demand TM order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 3 one-time use only,and may not be reproduced prior to its completion. §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A312T'"—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-DemandTM order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 4 one-time use only,and may not be reproduced prior to its completion. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On DEC. 2 1 2022 before me, Christine Hoang , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) •°`rti CHRISTINE HOANG acted, executed the instrument. = Notary Public-California Orange County I I certify under PENALTY OF PERJURY under the laws of Commission 2363281 the State of California that the foregoing paragraph is true " My Comm.Expires Jun 29,2025 and correct. Witness my han an ffi ial seal. Signature Place Notary Seal Above Signature f Notary P li h tl a Hoang OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: POWER OF ATTORNEY Bond# 0829550 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered:4200 Six Forks Rd,Suite 1400,Raleigh,NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint P. AUSTIN NEFF, EMILIE GEORGE, CHRISTINE HOANG, IRENE LUONG, JAMES W. MOILANEN, YUNG T. MULLICK, DANIELLE HANSON Mission Viejo, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2021 ���utr , STATE OF NEW JERSEY STATE OF ILLINOIS �^."? a* t. Q�149 Countyof Essex -4 r(P SfAI�'" County of Cook z x x 4(1_ SEAL=Q 423 w 1944 ea =4%.0%4ive4 J NIE Kenneth Chapman "° r i 1.' Executive Vice President,Harco National Insurance Company +."". and International Fidelity Insurance Company On this 31st day of December,2021 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. 0„",""`. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, v A 0G�`' New Jersey the day and year first above written. `. Austp di.dc. a. '''''''''''''''' , ,� JEPt ti�.� Shirelle A.Outley a Notary Public of New Jersey 'IIlIl" My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that l have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, December 21,2022 A00964 Mullick&Moilanen Bonding&I Irene Martins,Assistant Secretary ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 12/22/2022 before me, Abraham Flores III, Notary Public (insert name and title of the officer) personally appeared Brooks Berry who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ABRAiiAM FLORES III Notary public-CaNfornia a! ``_= Orange County s; '�. ` Commission#2417905 r`4i,00 my Comm.Expires Sep 23,2026 Signature (Seal) $! AIA Document A312 TM — 2010 Payment Bond Bond No. 0829550 Premium listed on Performance Bond CONTRACTOR: KYA Services,LLC SURETY: Harco National Insurance Company (Name, legal status and address) (Name, legal status and principal place of business) 1800 E.McFadden Ave 4200 Six Forks Road,Suite 1400 Santa Ana,CA 92705 Raleigh,NC 27609 This document has important legal consequences.Consultation with OWNER: an attorney is encouraged with respect to its completion or (Name, legal status and address) modification. City of Huntington Beach 2000 Main Street Any singular reference to Huntington Beach, CA 92648 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: December 15,2022 AIA Document A312-2010 combines two separate bonds,a Amount:One Hundred Eighty-one Thousand Eight Hundred Forty And 401100Dollars Performance Bond and a ($181,840.40) Payment Bond,into one form. Description: FIB Sports Complex-Outdoor Soccer Field,Turf Replacement; This is not a single combined (Name and location)29004-OP; KYA Job No. 1-1-27373 Performance and Payment Bond. BOND Date: December 21,2022 (Not earlier than Construction Contract Date) Amount: One Hundred Eighty-one Thousand Eight Hundred Forty And 401100Dollars($181,840.40) Modifications to this Bond: 2 None 0 See Section 18 foonsmnpttt e LCat er , �tspCTOR AS PRINCIPAL SURETY `�•��►,.ttt '4 t1�r: (C ate Seal) Company: (Co 'orate S-.l) 9 . 4A es,L Harco National I - 'e Corn.any Si afore: Signature: (1)1,3 � ame m UCAL5 Name Irene Org. -..Ctm, •',A*4 �' and Title: Attornz -in-Fact \r %,�eO f ..,, �Aitional signatures appear on t e ast page of this Payment Bon.. "'''''' t.OR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party.) The Bond Exchange and Insurance Agency 24800 Chrisanta Drive,Suite 160,Mission Viejo,CA 92691 Agency Telephone:949-461-7000 Init. AIA Document A312TM—2010.The American Institute of Architects.This document was created on under the terms of AIA Documents-on-Demand'"order no. ,and is not for resale.This document is licensed by The American Institute of Architects for 5 one-time use only,and may not be reproduced prior to its completion. 061010 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand, lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7,1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312TM—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-DemandT"order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 6 one-time use only,and may not be reproduced prior to its completion. §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11-The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13,Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312TM—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-DemandT""order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 7 one-time use only,and may not be reproduced prior to its completion. • §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. • §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Init. AIA Document A312T"—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of AIA Documents-on-DemandT"order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 8 one-time use only,and may not be reproduced prior to its completion. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On DEC 2 1 2022 before me, Christine Hoang , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ....,�ti CHRISTINNotary NOANG I certifyunder PENALTY OF PERJURY under the laws of Notary Public-California _ - Orange County the State of California that the foregoing paragraph is true Commissi and correct. �``�"` `MY Comm,Expioresn Jun 29 2363281 2025 Witness my hand an. •fficiI seal. Signature IA Place Notary Seal Above Signature Notary Pu•i•`I rlstlw oang OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: LI Other: Signer is Representing: Signer is Representing: .1 POWER OF ATTORNEY Bond# 0829550 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered:4200 Six Forks Rd,Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint P. AUSTIN NEFF, EMILIE GEORGE, CHRISTINE HOANG, IRENE LUONG, JAMES W. MOILANEN, YUNG T. MULLICK, DANIELLE HANSON Mission Viejo, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2021 °,°!°,$44$,, tuT>E �; ,. \D STATE OF NEW JERSEY STATE OF ILLINOIS • : tOgr,4 p 4,9S q:t County of Essex County of Cook SEAL G} ci F 1904 � =Oi 't044 } tE r, Kenneth Chapman "•.yti' '� Xf w �` *Executive Vice President,Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December,2021 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. soot;"`'', IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, ",',i›V.,' A a•C°&'0 New Jersey the day and year first above written. t di.A. iv JElkS, � Shirelle A.Outley a Notary Public of New Jersey ''+irn++�'� My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, December 21,2022 A00964 Mullick&Moilanen Bonding&I Irene Martins,Assistant Secretary ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 12/22/2022 before me, Abraham Flores III, Notary Public (insert name and title of the officer) personally appeared Brooks Berry who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. • I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ti ABRAHAM FLORES III `�a Notary Public-California Orange County tc,-.iq*, Commission#2417905 `'� o►+ My Comm.Expires Sep 23,2026 Signature (Seal) /�// \'1T I N 6 ro ��0 o� .� . �; City of Huntington Beach \�, 2000 Main Street ♦ Huntington Beach, CA 92648 �t4 (714) 536-5227 • www.huntingtonbeachca.gov • Oa`-/1 Office of the City Clerk Robin Estanislau, City Clerk February 14, 2023 KYA Services, LLC Attn: Andrea Ivey 1800 E. McFadden Avenue Santa Ana, CA 92705 Dear Ms. Ivey: Enclosed is a fully executed copy of the Service Agreement between the City of Huntington Beach and KYA Services, LLC for Turf Replacement at the Sports Complex Arena Field. Sincerely, q6S44111&1444) Robin Estanislau, CMC City Clerk RE:ds Enclosure: Service Agreement Insurance Payment and Performance Bonds Sister City: Anjo, Japan Procurement Division oss cALIFORNIA Q PaF?TrE N car 707 Third Street, 2nd Floor, MS #2-202 E N E L I E West Sacramento, CA 95605-2811 State of California MULTIPLE AWARD SCHEDULE KYA Services, LLC CMAS NUMBER: 4-20-78-0089C CMAS TERM DATES: 2/26/2020 through 2/10/2025 CMAS CATEGORY: Non Information Technology Commodities December 1 , 2017 APPLICABLE (www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/ TERMS & CONDITIONS: CMAS/Non-IT-Commodities-CMAS-Terms-and- Conditions.ashx?Ia=en&hash=9AD54FF697C740F342 E8B9B5BDEEDFC263632CB3) FOR USE BY: State & Local Government Agencies BASE GSA SCHEDULE #: 47QSMA2ODO8P7 BASE SCHEDULE HOLDER: KYA Services, LLC This CMAS provides for the purchase, warranty, installation, maintenance, and repair of park and playground equipment. NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the: Statewide Contract Index Listing (www.documents.dgs.ca.gov/pd/contracts/contractindexlisting.pdf). This requirement is not applicable to local government entities. Buyers must verify that the CMAS vendor has a letter of authorization from the manufacturer or an authorized distributor for the sale of the products being procured. Service specific letters of authorization are required if the CMAS vendor is providing installation, maintenance, and repair services. The services provided under this CMAS are only in support of the products covered by this CMAS. Original Signature On File Effective Date: 2/26/2020 BRYAN DUGGER, Program Analyst, California Multiple Award Schedules Unit CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C CMAS RESTRICTION FOR CARPET PURCHASES The Department of General Services' Office of Sustainability has determined that all carpet purchased by state agencies be made at the ANSI/NSF-140 Platinum level. The Governor's Executive Order B-18-12 Ordered that the State agencies purchase and use environmentally preferable products that have a lesser or reduced effect on human health and the environment. Carpet that is 3rd party certified to ANSI/NSF-140 Platinum level meets the requirement. IMPORTANT NOTE TO ALL USERS OF THIS MULTIPLE AWARD SCHEDULE A contract for the purchase and installation of carpet is a public works contract as defined in Section 1101 of the Public Contract Code and, as such, requires certain special conditions. Prior to placing an order against this multiple award schedule, read Attachment C entitled "INFORMATION REGARDING THE PURCHASE AND INSTALLATION OF CARPET AND OTHER FLOOR COVERINGS" to ensure your agency understands the special conditions involving public works contracts. If your agency does not have staff with expertise involving public works contracts, it is recommended that you seek interagency assistance or consider not using this multiple award schedule. The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies under this CMAS shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions dated December 1, 2017. Agency non-compliance with the requirements of this CMAS may result in the loss of delegated authority to use the CMAS program. CMAS contractor non-compliance with the requirements of this CMAS may result in termination of the CMAS. Ordering Instructions and Special Provisions 2 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C CMAS PRODUCT & SERVICE CODES ISSUE PURCHASE ORDER TO The CMAS Product & Service Codes listed Agency purchase orders must be either below are for marketing purposes only. mailed or emailed to the following: Review this CMAS and the base contract identified below for the products and/or KYA Services, LLC services available on this CMAS. 1800 East McFadden Avenue Santa Ana, CA 92705 Brand-Act Global Attn: John Anthony Leyds Brand-Bentley Brand-Quick Crete E-mail: tony.leyds@thekyagroup.com Brand-Tandus Building-Prefab Structure Agencies with questions regarding products Floor Coy-Broadloom Carpet and/or services may contact the CMAS Floor Coy-Hardwood contractor as follows: Floor Coy-Sport Flooring Floor Coy-Synthetic Turf Contact: John Anthony Leyds Floor Coy-Vinyl Sheeting/Tile Phone: (714) 659-6476 Playground-Equip E-mail: tony.leyds@thekyagroup.com Sport Surface-Synthetic Track TOP 500 DELINQUENT TAXPAYERS AVAILABLE PRODUCTS AND/OR SERVICES In accordance with Public Contract Code (PCC) § 10295.4, and prior to placing an All of the products from the manufacturers order for non-IT goods and/or services, listed in the base GSA schedule are available agencies must verify with the Franchise Tax within the scope of this CMAS. Board and the California Department of Tax and Fee Administration that this CMAS The ordering agency must verify all products contractor's name does not appear on either and/or services are currently available on the list of the 500 largest tax delinquencies base General Services Administration (GSA) pursuant to Section 7063 or 19195 of the schedule. Access the GSA eLibrary at Revenue and Taxation Code. See next www.gsaelibrary.gsa.gov. paragraph for information. CMAS BASE CONTRACT The Franchise Tax Board's list of Top 500 Delinquent Taxpayers is available at This CMAS is based on some or all of the www.ftb.ca.gov/aboutftb/delinquent- products and/or services and prices from taxpayers.shtml. GSA Schedule Number 47QSMA2ODO8P7 (KYA SERVICES, LLC) with a GSA term of The California Department of Tax and Fee 2/11/2020 through 2/10/2025. Administration's list of Top 500 Sales & Use Tax Delinquencies in California is available at www.cdtfa.ca.gov/taxes-and-fees/top500.htm. Ordering Instructions and Special Provisions 3 • CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C CALIFORNIA SELLER'S PERMIT CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION KYA Services, LLC's California Seller's Permit Number is 102369022. Prior to placing an Pursuant to Public Contract Code section order with this company, agencies must verify 2010, effective January 1, 2017, applicants that this permit is still valid at the California must certify their compliance with the Department of Tax and Fee Administration California Civil Rights laws and Employer website (cdtfa.ca.gov). Discriminatory Policies (section 51 of the Civil Code, section 12960 of the Government CMAS PRICES Code). It is the agency's responsibility to verify that the contractor has a California Civil The maximum prices allowed for the products Rights Law Certification on file. and/or services available in this CMAS are those set forth in the base contract identified WARRANTY on page 3 of this CMAS. For warranties, see the federal GSA schedule The ordering agency is encouraged to seek and the CMAS Terms and Conditions, prices lower than those on this CMAS. When General Provisions, CMAS Warranty. responding to an agency's Request for Offer (RFO), the CMAS contractor can offer lower DELIVERY prices to be competitive. As negotiated between agency and CMAS PRICE DISCOUNTS contractor and included in the purchase order, or as otherwise stipulated in the contract. This CMAS contains quantity and prompt payment discounts. See the base GSA SHIPPING INSTRUCTIONS schedule for the specific percent of discount. F.O.B. (Free On Board) Origin. Buying agency DARFUR CONTRACTING ACT pays the freight charges. This CMAS contractor has certified State agencies (not local governments) compliance to the Darfur Contracting Act, per shall follow the instructions below Public Contract Code (PCC) § 10475, et seq. whenever the weight of the purchase is It is the agency's responsibility to verify that 100-lbs or more and F.O.B. Destination, the contractor has a Darfur Contracting Act Freight Prepaid is not used. Certification on file. All shipments will be made by ground transportation unless otherwise ordered on the purchase order. Ordering Instructions and Special Provisions 4 • CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C Before placing order, contact the DGS Shipping Instructions: Transportation Management (916) 376-1888 to determine the routing of freight shipments. Supplier route via United Parcel Service You will need to provide Transportation (ground). Management with the point of origin and State of California, Department of destination. They will also want to know the UPS account number applies. commodity being shipped and the estimated State of California Purchase Order Number shipping weight of the order. If shipping . SHIP COLLECT. Estimated overnight, the account number must be UPS charges: included. If supplier is unable to use UPS, call Routing information should be shown on the Transportation Management at (916) 376- face of the purchase order in the format 1888. shown below. CMAS Contractor Note: Additional shipping Shipping Instructions: costs incurred by deviation to above shipping instructions, without Transportation Supplier route via: Management approval, shall be charged to Carrier's telephone number: the CMAS contractor. Annotate bill/s of lading as follows: PURCHASING AUTHORITY DOLLAR THRESHOLD "Freight for account of State of California. Tender Number: applies. State Order limits for the purchase of goods and/or of California Purchase Order Number: services is determined by the individual SHIP FREIGHT COLLECT." agency purchasing authority threshold. Estimated Freight charges: No CMAS order may be executed by a State If supplier is unable to use this carrier, call agency that exceeds that agency's purchasing Transportation Management at (916) 376- authority threshold. State agencies with 1888. approved purchasing authority, along with their dollar thresholds can be obtained at the The following statement must be noted on List of State Departments with Approved the purchase order when the commodities Purchasing Authority website are being shipped via UPS (United Parcel (www.dgs.ca.gov/PD/Resources/Page- Service) and the State is paying directly to Content/Procurement-Division-Resources- UPS (Collect). List-Folder/List-of-State-Departments-with- Approved-Purchasing-Authority). Ordering Instructions and Special Provisions 5 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C HOW TO USE CMAS • If less than 3 offers are received, State agencies must document their file with the Agencies must adhere to the detailed reasons why the other suppliers solicited requirements in the State Contracting Manual did not respond with an offer. (SCM) when using CMAS. The requirements • Assess the offers received using best for the following bullets are in the SCM, value methodology, with cost as one of Volume 2, Chapter 6 (for non-IT), the SCM, the criteria. Volume 3, Chapter 6 (for IT), and the SCM, • Issue a Purchase Order to the selected Volume FISCAL, Chapter 5 (FISCAL): CMAS contractor. • For CMAS transactions under $10,000, • Develop a Request for Offer, which only one offer is required if the State includes a Scope of Work (SOW), and agency can establish and document that Bidder Declaration form. For information the price is fair and reasonable. The fair on the Bidder Declaration requirements, and reasonable method can only be used see the SCM, Volume 2, Section 3.5.7 for non-customizable purchases. and Volume 3, Section 3.4.7. • Search for potential CMAS contractors on Local governments set their own order limits, the CMAS website and are not bound by the order limits on the (www.dgs.ca.gov/PD/About/Page- cover page of this CMAS. Content/PD-Branch-Intro-Accordion- List/Acquisitions/California-Multiple- SPLITTING ORDERS Award-Schedules) and select "Find a CMAS Contractor." Splitting orders to avoid any monetary • Solicit offers from a minimum of 3 CMAS limitations is prohibited. contractors including one small business and/or DVBE, if available, who are Do not circumvent normal procurement authorized to sell the products and/or methods by splitting purchases into a series of services needed. delegated purchase orders, per Public • If soliciting offers from a certified DVBE, Contract Code (PCC) § 10329. include the Disabled Veteran Business Enterprise Declarations form (Standard Splitting a project into small projects to avoid 843) in the Request for Offer. This either fiscal or procedural controls is declaration must be completed and prohibited, per State Administrative Manual returned by the DVBE prime contractor (SAM) § 4819.34. and/or any DVBE subcontractors. (See the SCM Volumes 2, 3, and FISCAL, MINIMUM ORDER LIMITATION Chapter 3). • This is not a bid transaction, so the small The minimum dollar value of an order to be business preference, DVBE incentives, issued under this CMAS is $2,500.00. protest language, intents to award, evaluation criteria, advertising, etc., are not applicable. Ordering Instructions and Special Provisions 6 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C ORDERING PROCEDURES The contractor must immediately reject purchase orders that are not accurate. 1. Purchase Orders Discrepancies are to be negotiated and incorporated into the purchase order prior All Ordering Agency purchase order to the products and services being documents executed under this CMAS delivered. must contain the applicable CMAS number as show on page 1. 2. Service and Delivery after CMAS Expiration 1. State Departments: The purchase order must be issued before Standard 65 Purchase Documents — the CMAS expires. However, delivery of State departments not transacting in the products or completion of the services Fl$Cal must use the Purchasing may be after the CMAS expires (unless Authority Purchase Order (Standard 65) otherwise specifically stated in the for purchase execution. An electronic purchase order). version of the Standard 65 is available at the DGS-PD website 3. Multiple CMAS Agreements on a Single (www.dgsapps.dgs.ca.gov/osp/Statewid Purchase Order eFormsWeb/Forms.aspx), select Standard STD Forms. Agencies wishing to include multiple CMAS(s) on a single FISCAL purchase FISCAL Purchase Documents — State order must adhere to the following departments transacting in FISCAL will guidelines: follow the FISCAL procurement and contracting procedures. • All CMAS must be for the same CMAS contractor. 2. Local Governmental Departments: • The purchase order must go to one contractor location. Local governmental agencies may use • Write the word "CMAS" in the space their own purchase document for usually reserved for the contract purchase execution. number. On Standard 65's, this is at the top of the form. The word "CMAS" The agency is required to complete and signifies that the purchase order distribute the purchase order. For services, contains items from multiple CMAS the agency shall modify the information agreements. The purchasing agency contained on the order to include the may only use one bill code. service period (start and end date), and the monthly cost (or other intermittent cost), and any other information pertinent to the services being provided. The cost for each line item should be included in the order, not just system totals. Ordering Instructions and Special Provisions 7 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C • For each individual CMAS (as Amendments unique to non-IT services differentiated by alpha suffix), the are covered in the SCM, Volume 2, agency must identify and group together Chapter 6.B2.9 and SCM, Volume the CMAS number with the line items FISCAL, Chapter 5.A4.1 as follows: and subtotal per CMAS number (do not include tax in the subtotal), and If the original contract permitted sequentially identify each individual amendments, but did not specify the CMAS as Sub #1, Sub #2, Sub #3, etc. changes (e.g., quantity or time), it may This facilitates accurate billing of be amended, per Public Contract Code administrative fees by the Procurement (PCC) § 10335 (d)(1). This only applies Division. to the first amendment. The time shall • The total of all items on the purchase not exceed one year, or add not more order must not exceed the purchase than 30% of the original order value and order limit identified in the CMAS. may not exceed $250,000. If the original • Do not combine items from both non-IT contract did not have language and Information Technology CMAS(s). permitting amendments, the NCB A non-IT CMAS begin with the number process must be followed. "4" and an Information Technology CMAS begins with the number "3." The Also, see the SCM, Volumes 2 & 3, purchase order limits are different for Chapter 8, Topic 6, for more information these two types of CMAS agreements. on amending purchase orders. 4. Amendments to Agency's Purchase CMAS CONTRACTOR OWNERSHIP Orders INFORMATION Agency purchase orders cannot be KYA Services, LLC is a large business amended if the CMAS has expired. enterprise. The SCM, Volumes 2 & 3, Chapter 6.A5.0 SMALL BUSINESS MUST BE and SCM, Volume FISCAL, Chapter CONSIDERED 5.A4.0 provides the following direction regarding amendments to all types of Prior to placing orders under the CMAS CMAS purchase orders: program, State agencies shall whenever practicable first consider offers from small Original orders, which include options for businesses that have established CMAS changes (e.g., quantity or time), that [Government Code (GC) § 14846(b)]. NOTE: were evaluated and considered in the The Department of General Services auditors selection for award during the RFO will request substantiation of compliance with process, may be amended consistent this requirement when agency files are with the terms of the original order, reviewed. provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an NCB is approved for those amendments. Ordering Instructions and Special Provisions 8 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C CMAS Small Business and Disabled Veteran 2. The CMAS contractor will provide an Partners lists ordering agency with the following (www.dgs.ca.gov/PD/About/Page- information at the time the order is Content/PD-Branch-Intro-Accordion- quoted: List/Acquisitions/California-Multiple-Award- Schedules) can be found on the CMAS a. The CMAS contractor will state that, website by selecting "Find a CMAS as the prime contractor, it shall be Contractor". responsible for the overall execution of the fulfillment of the order. In response to our commitment to increase participation by small businesses, the b. The CMAS contractor will indicate to Department of General Services waives the the ordering agency how the order administrative fee (a fee currently charged to meets the small business or DVBE customer agencies to support the CMAS goal, as follows: program) for orders to certified small business enterprises. i. List the name of each company that is certified by the Office of See the current fees in the DGS Price Book Small Business and DVBE at: www.dgs.ca.gov/OFS/Price-Book. Services that it intends to subcontract a commercially useful SMALL BUSINESS/DVBE - TRACKING function to; and ii. Include the small business or State agencies are able to claim DVBE certification number of each subcontracting dollars towards their small company listed, and attach a copy business or DVBE goals whenever the CMAS of each certification; and contractor subcontracts a commercially useful function to a certified small business or DVBE. iii. Indicate the dollar amount of each The CMAS contractor will provide the ordering subcontract with a small business agency with the name of the small business or or DVBE that may be claimed by DVBE used and the dollar amount the the ordering agency towards the ordering agency can apply towards its small small business or DVBE goal; and business or DVBE goal. iv. Indicate what commercially useful SMALL BUSINESS/DVBE - function the small business or SUBCONTRACTING DVBE subcontractor will be providing towards fulfillment of the 1. The amount an ordering agency can order. claim towards achieving its small business or DVBE goals is the dollar 3. The ordering agency's purchase order amount of the subcontract award made must be addressed to the prime by the CMAS contractor to each small Contractor, and the purchase order must business or DVBE. reference the information provided by the prime Contractor as outlined above. Ordering Instructions and Special Provisions 9 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C NEW EQUIPMENT REQUIRED Agencies are required to adhere to State Administrative Manual (SAM) § 3520 through The State will procure new equipment. All 3520.6, Disposal of Personal Property and equipment must be new (or warranted as Surplus Personal Property, as applicable, newly manufactured) and the latest model in when trade-ins are considered. A Property current production. Used, shopworn, Survey Report, Standard 152, must be demonstrator, prototype, or discontinued submitted for approval prior to disposition of models are not acceptable. any State-owned personal property, including general office furniture regardless of the Where Federal Energy Management Program acquisition value, or if the property was (FEMP) standards are available, all State recorded or capitalized for accounting agencies shall purchase only those products purposes. that meet the recommended standards. All products displaying the Energy Star label STATE AGENCY BUY RECYCLED meet the FEMP standards. CAMPAIGN (SABRC) SPECIAL MANUFACTURED GOODS State ordering agencies are required to report purchases made within the eleven product Any CMAS for goods to be manufactured by categories in the California Department of the CMAS contractor specifically for the State Resources Recycling and Recovery's State and not suitable for sale to others may require Agency Buy Recycled Campaign (SABRC) per progress payments. Public Contract Code sections 12200-12217. For Non-IT goods CMAS, see the CMAS Non- Contractor will be required to complete and IT Commodities Terms and Conditions, return a Recycled-Content Certification form Provision 69, Progress Payments. (www.calrecycle.ca.gov/contracts/forms) upon request by the state ordering agency. PRODUCT INSTALLATION PUBLIC WORKS (INSTALLATION The CMAS contractor is fully responsible for all SERVICES ONLY) installation services performed under the CMAS. Product installations must be A public works contract is defined as an performed by manufacturer authorized agreement for "the erection, construction, personnel and meet manufacturer documented alteration, repair, or improvement of any specifications. public structure, building, road, or other public improvement of any kind" in accordance with The prime contractor, as well as any the Public Contract Code (PCC) § 1101. State subcontractors, must hold any certifications agencies planning these types of projects and/or licenses required for the project. need to review the SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and TRADE-IN EQUIPMENT regulations. Also, the Department of General Services (DGS), Real Estate Services Trade-ins at open market price may be Division (RESD) can be contacted at (916) considered. The product description and 376-1748, if you have questions about these trade-in allowance must be identified on the types of transactions. purchase order. Ordering Instructions and Special Provisions 10 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C Agency CMAS purchase orders may allow for State Contractor's License: Public works public works installation only when it is services can be obtained through CMAS only incidental to the total purchase order amount. if incidental to the overall purchase order. If incidental public works services are included Agencies are to ensure that the applicable in the purchase order, prior to issuing the laws and codes pertaining to the contractor order agencies should contact the State and sub-contractor licensing, prevailing wage Contractor's License Board (www.cslb.ca.gov) rates, bonding, labor code requirements, etc., at 1-800-321-2752 or at www.cslb.ca.gov to are adhered to by the prime contractor as well verify that the Contractor's License shown as any sub-contractor during performance below is still active and in good standing. under the CMAS purchase order. KYA Services, LLC's California Contractor's The bond amount for public works is not less License number is 984827. This is a Class than one hundred percent (100%) of the C15, D61 license that is valid through purchase order price. 6/30/2021. NOTE: In accordance with Labor Code (LC) § BUY CLEAN CALIFORNIA ACT 1773.2, the ordering agency is responsible for determining the appropriate craft, Per Management Memo 20-01, beginning classification or type of worker needed for any January 1, 2020, awarding authorities will contract for public works. Also, the agency is request successful bidders for public works to specify the applicable prevailing wage rates contracts to submit current facility-specific as determined by the Director of the Environmental Product Declarations (EPDs) Department of Industrial Relations (DIR). In for all eligible materials. lieu of specifying the prevailing wage rates, the agency may include a statement on the Awarding authorities are those identified in order that the prevailing wage rates are on file PCC § 3501 (a) and state agencies granted at the agency's office, and will be made authority to work on public works projects available upon request. The prevailing wage under MM 18-01. Eligible materials subject to rates are available from the DIR at the EPD requirement are structural steel, www.dir.ca.gov (select Statistics & Research) carbon steel rebar, flat glass, and mineral or (415) 703-4774. wool board insulation. Bonds: For guidelines, see CMAS, General Project bid specifications must require that Terms and Conditions, Public Works facility-specific EPDs are compliant to ISO Requirements. 14025 and applicable product category rules located on the Department of General Services (DGS) Buy Clean California Act website. Ordering Instructions and Special Provisions 11 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C Awarding authorities must report the following 4. NSP Installation Services: The CMAS information to DGS upon request: contractor is fully responsible for all installation services performed under the • Awarded contract information CMAS. Product installations must be • Eligible materials used in project(s) performed by manufacturer authorized • EPDs submitted by successful bidder(s) personnel and meet manufacturer documented specifications. The prime The Department of General Services Buy contractor, as well as any subcontractors, Clean California Act website is located at must hold any certifications and/or www.dgs.ca.gov/PD/Resources/Page- licenses required for the project. The total Content/Procurement-Division-Resources- dollar value of all installation services List-Folder/Buy-Clean-California-Act. included in the purchase order cannot exceed the dollar value of the products NOT SPECIFICALLY PRICED (NSP) ITEMS included in the purchase order, nor can they exceed the NSP Maximum Order The only time that open market/incidental, non- Limitation. schedule items may be included in a CMAS order is when they fall under the parameters of 5. Maximum Order Limitation: For orders the Not Specifically Priced (NSP) Items $250,000, or less, the total dollar value of provision. all NSP items included in a purchase order shall not exceed $5,000. For orders CMAS contractors must be authorized exceeding $250,000, and at the option of providers of the hardware, software and/or the contractor, the total dollar value of all services they offer under the Not Specifically NSP items in a purchase order shall not Priced (NSP) Items provision. exceed 5% of the total cost of the order, or $25,000 whichever is lower. Agency and CMAS contractor use of the NSP provision is subject to the following 6. An NSP item included in an order issued requirements: against a CMAS is subject to all of the terms and conditions set forth in the 1. Purchase orders containing only NSP contract. items are prohibited. 7. Trade-ins, upgrades, involving the 2. A purchase order containing NSP items swapping of boards, are permissible, may be issued only if it results in the where the contract makes specific lowest overall alternative to the State. provisions for this action. In those instances where it is permitted, the 3. NSP items shall be clearly identified in the purchase order must include the order. Any product or service already replacement item and a notation that the specifically priced and included in the base purchase involves the swapping of a contract may not be identified as an NSP board. item. Ordering Instructions and Special Provisions 12 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C The following NSP items ARE The CMAS contractor is required to reject SPECIFICALLY EXCLUDED from any order purchase orders containing NSP items that do issued under this CMAS: not conform to the above requirements. The CMAS contractor will promptly notify the 1. Items not intended for use in directly agency issuing the non-conforming order of its supporting the priced items included in the non-acceptance and the reasons for its non- same order. An NSP item must be acceptance. subordinate to the specifically priced item that it is supporting. For example, a cable, STATE AND LOCAL GOVERNMENTS CAN which is not otherwise specifically priced in USE CMAS the base contract, is subordinate to a specifically priced printer or facsimile State and local government agency use of machine, and is eligible to be an NSP item CMAS is optional. A local government is any subject to that cable meeting the city, county, city and county, district, or other remaining NSP requirements. However, a local governmental body or corporation, printer or facsimile machine, which is not including UC, CSU, K-12 schools and otherwise specifically priced in the base community colleges empowered to expend contract, is not subordinate to a public funds. While the State makes this specifically priced cable, and is not eligible CMAS available, each local government to be an NSP item. agency should make its own determination whether the CMAS program is consistent with 2. Supply type items, except for the minimum their procurement policies and regulations. amount necessary to provide initial support to the priced items included in the same UPDATES AND/OR CHANGES order. A CMAS amendment is not required for 3. Items that do not meet the Productive Use updates and/or changes once the update Requirements for information technology and/or change becomes effective for the products, per the SCM, Volume 3, Chapter federal GSA schedule, except as follows: 2, Section 2.B6.2 and SCM, Volume FISCAL, Chapter 2, Section 2.E3.2. • A CMAS amendment is required when the CMAS is based on specific products 4. Any other item or class of items and/or services from another contractor's specifically excluded from the scope of this multiple award contract and the contractor CMAS. wants to add a new manufacturer's 5. Public Works components NOT incidental products and/or services. to the total purchase order amount. • A CMAS amendment is required for new federal contract terms and conditions that 6. Products or services the CMAS contractor constitute a material difference from is NOT factory authorized or otherwise existing contract terms and conditions. A certified or trained to provide. material change has a potentially significant effect on the delivery, quantity 7. Follow-on consultant services that were or quality of items provided, the amount previously recommended or suggested by paid to the contractor or on the cost to the the same CMAS contractor. State. Ordering Instructions and Special Provisions 13 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C A CMAS amendment is required to update APPLICABLE CODES, POLICIES AND and/or change terms and conditions and/or GUIDELINES products and services based on a non-federal GSA multiple award contract. All California codes, policies, and guidelines are applicable. THE USE OF CMAS DOES SELF-DELETING FEDERAL GSA TERMS NOT REDUCE OR RELIEVE STATE AND CONDITIONS AGENCIES OF THEIR RESPONSIBILITY TO MEET STATEWIDE REQUIREMENTS Instructions, or terms and conditions that REGARDING CONTRACTING OR THE appear in the Special Items or other PROCUREMENT OF GOODS OR provisions of the federal GSA and apply to the SERVICES. Most procurement and contract purchase, license, or rental (as applicable) of codes, policies, and guidelines are products or services by the US Government in incorporated into CMAS agreements. the United States, and/or to any overseas Nonetheless, there is no guarantee that every location shall be self-deleting. (Example: possible requirement that pertains to all the "Examinations of Records" provision). different and unique State processes has been included. Federal regulations and standards, such as Federal Acquisition Regulation (FAR), Federal PAYMENTS AND INVOICES Information Resources Management Regulation (FIRMR), Federal Information This CMAS contains quantity and prompt Processing Standards (FIPS), General payment discounts. See the base GSA Services Administration Regulation (GSAR), schedule for the specific percent of discount. or Federal Installment Payment Agreement (FIPA) shall be self-deleting. Federal blanket 1. Payment Terms orders and small order procedures are not applicable. Payment terms for this CMAS are net 45 days. ORDER OF PRECEDENCE Payment will be made in accordance with The CMAS Terms and Conditions takes the provisions of the California Prompt precedence if there is a conflict between the Payment Act, Government Code (GC) § terms and conditions of the contractor's 927 et. seq. Unless expressly exempted federal GSA, (or other multiple award by statute, the Act requires State agencies contract), packaging, invoices, catalogs, to pay properly submitted, undisputed brochures, technical data sheets or other invoices not more than 45 days after (1) documents (see CMAS Terms and the date of acceptance of goods or Conditions, CONFLICT OF TERMS). performance of services; or (2) receipt of an undisputed invoice, whichever is later. Ordering Instructions and Special Provisions 14 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C 2. Payee Data Record (Standard 204) The check covering this fee shall be made payable to the Department of General State Agencies not transacting in FISCAL, Services, CMAS Unit, and mailed to the must obtain a copy of the Payee Data CMAS Unit along with the applicable Record (Standard 204) in order to process Quarterly Report. See the provision in this payments. State Ordering Agencies CMAS entitled "Contractor Quarterly forward a copy of the Standard 204 to their Report Process" for information on when accounting office(s). Without the Standard and where to send these checks and 204, payment may be unnecessarily reports. delayed. State Agencies should contact the CMAS contractor for copies of the 4. Contractor Invoices Payee Data Record. Unless otherwise stipulated, the CMAS 3. DGS Administrative and Incentive Fees contractor must send their invoices to the agency address set forth in the purchase Orders from State Agencies: order. Invoices shall be submitted in The Department of General Services triplicate and shall include the following: (DGS) will bill each State agency directly an administrative fee for use of CMAS. • CMAS number The administrative fee should NOT be • Agency purchase order number included in the order total, nor remitted • Agency Bill Code (State Only) before an invoice is received from DGS. • Line item number This administrative fee is waived for CMAS • Unit price purchase orders issued to California • Extended line item price certified small businesses. • Invoice total See the current administrative fees in the DGS Price Book State sales tax and/or use tax shall be (www.dgs.ca.gov/OFS/Price-Book). itemized separately and added to each invoice as applicable. Orders from Local Government Agencies: The company name on the CMAS, purchase order and invoice must match or CMAS contractors, who are not California the State Controller's Office will not certified small businesses, are required to approve payment. remit to the DGS an incentive fee equal to 1.25% of the total of all local government 5. Advance Payments agency orders (excluding sales tax and freight) placed against their CMAS. The Advance payment is allowed for services incentive fee is in lieu of local government only under limited, narrowly defined agencies being billed the above circumstances, e.g., between specific referenced DGS administrative fee. departments and certain types of non- profit organizations, or when paying This incentive fee is waived for CMAS another government agency (Government purchase orders issued to California Code (GC) § 11256 — 11263 and 11019). certified small businesses. Ordering Instructions and Special Provisions 15 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C It is NOT acceptable to pay in advance, 8. Leasing except software maintenance and license fees, which are considered a subscription The State reserves the right to select the and may be paid in advance if a provision form of payment for all procurements, be it addressing payment in advance is either an outright purchase with payment included in the purchase order. rendered directly by the State, or a financing/lease-purchase or operating Software warranty upgrades and lease via the State Financial Marketplace extensions may also be paid for in (GS SMart and/or Lease SMart). If advance, one time. payment is via the financial marketplace, the Supplier will invoice the State and the 6. Credit Card State will approve the invoice and the selected Lender/Lessor for all product KYA Services, LLC does not accept the listed on the State's procurement State of California credit card (CAL-Card). document will pay the supplier on behalf of the State. 7. Lease/Purchase Analysis Buyers may contact the GS SMartTM State agencies must complete a Administrator, Patrick Mullen by phone at Lease/Purchase Analysis (LPA) to (916) 375-4617 or via e-mail at determine best value when contemplating patrick.mullen@dgs.ca.gov for further a lease/rental, and retain a copy for future information. audit purposes (State Administrative Manual (SAM) § 3710). 9. Maintenance Tax For short-term rental equipment, the The California Department of Tax and Fee lease/purchase analysis must be approved Administration has ruled that in by the Department of General Services, accordance with Section 1546 of the Sales Office of legal Services. and Use Tax Regulations of the Business Taxes Law Guide, whenever optional The lease/purchase analysis for all other maintenance contracts include purchases must be approved by the consumable supplies, such supplies are Department of General Services, GS subject to sales tax. SMart State Financial Marketplace. Buyers may contact the GS SMartTM Generally, the State has two options: Administrator, Patrick Mullen by phone at (916) 375-4617 or via e-mail at 1. For agreements that provide for only patrick.mullen@dgs.ca.gov for further maintenance services (i.e., the information. furnishing of labor and parts necessary to maintain equipment), the charges for the provision of maintenance services are not taxable. Ordering Instructions and Special Provisions 16 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C 2. For agreements that provide for both For the full instructions on completing and maintenance services and submitting CMAS Quarterly Business Activity consumable supply items (i.e., toner, Reports, and a soft copy of a blank quarterly developer, and staples, for example), report form, go to the CMAS website the provision of the consumable (www.dgs.ca.gov/PD/About/Page- supplies is considered a taxable sale Content/PD-Branch-Intro-Accordion- of tangible personal property. List/Acquisitions/California-Multiple-Award- Therefore, State agencies awarding Schedules) and then select "File a CMAS optional maintenance contracts are Quarterly Report". responsible for paying the applicable sales tax on the consumable supplies Important things to remember regarding used during the performance period of CMAS Quarterly Business Activity Reports the maintenance contract. (referred to as "reports" below): The Contractor will be required to • A report is required for each CMAS, each itemize the consumables being taxed quarter, even when no new purchase for State accounting purposes. orders are received in the quarter. • A separate report is required for each CONTRACTOR QUARTERLY REPORT CMAS. PROCESS • Each purchase order must be reported only once in the quarter identified by CMAS contractors are required to submit a the purchase order date, regardless of detailed CMAS Business Activity Report on a when the services were performed, the quarterly basis to the CMAS Unit. See products were delivered, the invoice Attachment B for a copy of this form and was sent, or the payment was instructions. received. • Purchase orders from State and local This report shall be mailed to: government agencies must be separated on the report, as shown in the Department of General Services instructions. Procurement Division — CMAS Unit • CMAS contractors must report the sales Attention: Quarterly Report Processing activity for all resellers listed on their PO Box 989052, MS #2-202 CMAS. West Sacramento, CA 95798-9052 • Any report that does not follow the required format or excludes required Reports that include checks for incentive fees information will be deemed incomplete must be mailed and shall not be e-mailed. All and returned to the CMAS contractor for other reports may be e-mailed to the attention corrections. of Quarterly Report Processing as follows: • Taxes and freight must not be included in the report. CMAS Unit E-Mail: cmas@dgs.ca.gov • CMAS contractors must attach to their quarterly report a check covering the required incentive fee for all CMAS sales to local government agencies (see more information below). Ordering Instructions and Special Provisions 17 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C • New CMAS agreements, renewals, The check covering this fee shall be made extensions, and amendments will be payable to the Department of General approved only if the CMAS contractor has Services, CMAS Unit, and mailed to the submitted all required quarterly reports CMAS Unit along with the applicable and incentive fees. Quarterly Report. See the provision in this CMAS entitled "Contractor Quarterly Report CMAS Quarterly Business Activity Reports Process" for information on when and where are due in the CMAS Unit within two weeks to send these checks and reports. after the end of each quarter as shown below: OBTAINING COPY OF ORIGINAL CMAS Quarter 1 Jan 1 to Mar 31 Due Apr 15 AND AMENDMENTS Quarter 2 Apr 1 to Jun 30 Due Jul 15 Quarter 3 Jul 1 to Sep 30 Due Oct 15 A copy of a CMAS and amendments, if any, Quarter 4 Oct 1 to Dec 31 Due Jan 15 can be obtained at Cal eProcure (caleprocure.ca.gov). A complete CMAS CONTRACTOR QUARTERLY INCENTIVE consists of the following: FEES • CMAS cover pages (which includes the CMAS contractors who are not California signature page, ordering instructions and certified small businesses must remit to DGS special provisions, and any attachments an incentive fee equal to 1.25% of the total of or exhibits as prepared by the CMAS all local government agency orders (excluding Unit) sales tax and freight) placed against their • CMAS Terms and Conditions. CMAS agreement(s). This incentive fee is in • Federal GSA (or Non-GSA) terms and lieu of local government agencies being billed conditions the above referenced DGS administrative fee. • Product/service listing and prices • Amendments, if applicable. CMAS contractors cannot charge local government agencies an additional 1.25% It is important for the agency to confirm that charge on a separate line item to cover the the required products, services, and prices incentive fee. The CMAS contractor must are included in the CMAS and are at or below include the 1.25% incentive fee in the price of base contract rates. To streamline the products or services offered, and the line substantiation that the needed items are in the item prices must not exceed the applicable base contract, the agencies should ask the base contract prices. CMAS contractor to identify the specific pages from the base contract that include the A local government agency is any city, county, required products, services, and prices. district, or other local governmental body, Agencies should save these pages for their including the California State University (CSU) file documentation. and University of California (UC) systems, K- 12 public schools and community colleges empowered to expend public funds. This incentive fee is waived for CMAS purchase orders issued to California certified small businesses. Ordering Instructions and Special Provisions 18 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C CONTRACTORS ACTING AS FISCAL CONFLICT OF INTEREST AGENTS ARE PROHIBITED Agencies must evaluate the proposed When a subcontractor ultimately provides all purchase order to determine if there are any of the products or performs all of the services potential conflict of interest issues. See the that a CMAS contractor has agreed to CMAS Terms and Conditions, Conflict of provide, and the prime contractor only Interest, for more information. handles the invoicing of expenditures, then the prime contractor's role becomes that of a FEDERAL DEBARMENT fiscal agent because it is merely administrative in nature, and does not provide When federal funds are being expended, the a Commercially Useful Function (CUF). It is agency is required to obtain (retain in file) a unacceptable to use fiscal agents in this signed "Federal Debarment" certification from manner because the agency is paying the CMAS contractor before the purchase unnecessary administrative costs. order is issued. AGENCY RESPONSIBILITY This certification is required by the regulations implementing Executive Order 12549, Each agency is responsible for its own Debarment and Suspension, 29 CFR Part 98, contracting program and purchasing Section 98.510, Participants; responsibilities. decisions, including use of the CMAS program The regulations were published as Part VII of and associated outcomes. the May 26, 1988 Federal Register (pages 19160-19211). This responsibility includes, but is not necessarily limited to, ensuring the necessity CONTRACTOR TRAVEL of the services, securing appropriate funding, complying with laws and policies, preparing The Travel provision is not applicable to this the purchase order in a manner that CMAS. safeguards the State's interests, obtaining required approvals, and documenting LIQUIDATED DAMAGES FOR LATE compliance with Government Code (GC) § DELIVERY 19130.b (3) for outsourcing services. The value of the liquidated damages cannot It is the responsibility of each agency to be a penalty, must be mutually agreed upon consult as applicable with their legal staff and by agency and contractor and included in the contracting offices for advice depending upon purchase order to be applicable. the scope or complexity of the purchase order. If you do not have legal services available to you within your agency, the DGS Office of Legal Services is available to provide services on a contractual basis. Ordering Instructions and Special Provisions 19 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C ACCEPTANCE TESTING CRITERIA If the agency wants to include acceptance testing for all newly installed technology systems, and individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable. AMERICANS WITH DISABILITY ACT (ADA) Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22; California Government Code, Sections 11135, et seq.; and other federal and State laws, and Executive Orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities. See Attachment A for Procurement Division's ADA Compliance Policy of Nondiscrimination on the Basis of Disability. Individual government agencies are responsible for self-compliance with ADA regulations. Contractor sponsored events must provide reasonable accommodations for persons with disabilities. DGS PROCUREMENT DIVISION CONTACT AND PHONE NUMBER Department of General Services Procurement Division, CMAS Unit 707 Third Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605-2811 Phone # (916) 375-4365 Ordering Instructions and Special Provisions 20 • CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) KYA SERVICES, LLC CMAS NO. 4-20-78-0089C ATTACHMENT A ADA NOTICE Procurement Division (State Department of General Services) AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY To meet and carry out compliance with the nondiscrimination requirements of the Americans with Disabilities Act (ADA), it is the policy of the Procurement Division (within the State Department of General Services) to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable accommodation to participate in the Procurement process, or for persons having questions regarding reasonable accommodations for the Procurement process, please contact the Procurement Division at (916) 375-4400 (main office); the Procurement Division TTY/TDD (telephone device for the deaf) or California Relay Service numbers which are listed below. You may also contact directly the Procurement Division contact person who is handling this procurement. IMPORTANT: TO ENSURE THAT WE CAN MEET YOUR NEED, IT IS BEST THAT WE RECEIVE YOUR REQUEST AT LEAST 10 WORKING DAYS BEFORE THE SCHEDULED EVENT (i.e., MEETING, CONFERENCE, WORKSHOP, etc.) OR DEADLINE DUE-DATE FOR PROCUREMENT DOCUMENTS. The Procurement Division TTY telephone numbers are: Sacramento Office: 916-376-5127 (CALNET 480-5127) The California Relay Service Telephone Numbers are: Voice: 1-800-735-2922, or 7-1-1 Speech to Speech Service: 1-800-854-7784 Ordering Instructions and Special Provisions 21 C —1 —, O —1 ':P xk m C) O N Q d �+ m a) to m 'n z 0 D 3 to 0 0 0 f C '4 as y C '< iv i 3 d Zm M �D coo z = 3 z o M 3 D tD c = 17 CD CO 0 3 3 • CO0 ry ` 3 Iw `D 3 H. Y�P58: N n {.. �. 1 <ri• CD O 3 7 ti cD 7 cD Q- O - .r s Z :3 (G 0 D ad D co $w a1 CO3 y= a. 0 CD Ct .O+ O i a1 " o O (Q xr? N c0 CD• N CD "0 � .O i ; N 7 3 n C ; ;, 'a _. 2 O � o 3 � ;"3 � n �i� cD CD at 0 Z 7. tD C Z . O O D �_ al a' rD i ci C CD C) 0 O. A a 3 C 0 m a '' "s 0 C CD 73 CD 0. aCD3 CCCDO , ' TmT N O 3 cD cD r: r- A II' aD — 03 Q ED —I ' ,, C cn .+ .•► _� 1 n � na' 3 cD CD m y N N O N p n 0 0 Cl) C 0 0 -ems - . co to (0 m '9 M .i to - -� A. *A O. -0 .., Q. .o C 0 C) < cD �D a CD !D C O n -, -`D, a ••' e Z a) -< tO, g 0 CD Q. X z :1 a) m nD O (C E 7 0 - n O n y 0 0 0 0 o > > -I C, C -a t t SI) O 0 = ..r 4 �, 7 a = U) °a - 2 ,; 0 CD 0 0 .n mu) Q. O. P. s 3 cD 0 FD �D E CD a1 co co N y sae C CD C C) 73 ❑ 3 ED, c- co m-, y. z I O. C Z C . d 3 o ❑ 17 O Cr 7 cDcD 0cD t a ATTACHMENT B CMAS Quarterly Business Activity Report Instructions for completing the CMAS Quarterly Business Activity Report 1. Complete the top of the form with the appropriate information for your company. 2. Agency Name - Identify the State agency or Local Government agency that issued the order. 3. Purchase Order Number - Identify the purchase order number (and amendment number if applicable) on the order form. This is not your invoice number. This is the number the State agency or Local Government agency assigns to the order. 4. Purchase Order Date - Identify the date the purchase order was issued, as shown on the order. This is not the date you received, accepted, or invoiced the order. 5. Total Dollars Per Purchase Order - Identify the total dollars of the order excluding tax and freight. Tax must NOT be included in the quarterly report, even if the agency includes tax on the purchase order. The total dollars per order should indicate the entire purchase order amount (less tax and freight) regardless of when you invoice order, perform services, deliver product, or receive payment. 6. Agency Contact - Identify the ordering agency's contact person on the purchase order. 7. Agency Address - Identify the ordering agency's address on the purchase order. 8. Phone Number- Identify the phone number for the ordering agency's contact person. 9. Total State Sales & Total Local Sales - Separately identify the total State dollars and/or Local Government agency dollars (pre-tax) for all orders placed in quarter. 10.1.25% Remitted to DGS - Identify 1.25% of the total Local Government agency dollars reported for the quarter. This is the amount to be remitted to DGS by contractors who are not California certified small businesses. 11.Grand Total - Identify the total of all State and Local Government agency dollars reported for the quarter. Notes: • A report is required for each CMAS, each quarter, even if there are no new orders for the quarter. • Quarterly reports are due two weeks after the end of the quarter. Ordering Instructions and Special Provisions 23 • ATTACHMENT C Information Regarding the Purchase and Installation of Floor Coverings A contract for the purchase and installation of If the contract amount exceeds $5,000 carpet and other floor coverings is a public (labor/installation costs), the supplier must works contract as defined in Section 1101 of furnish a payment bond (Std. 807 - see the Public Contract Code and, as such, attached Sample B) prior to the requires certain special conditions. commencement of performance. The payment bond shall be in a sum not less than one A state agency may not contract for the hundred percent (100%) of the contract price. installation of carpet in a building (a capital A blank copy of the Std. 807 form shall be improvement to the building) that is not owned provided to the supplier. In addition, the by the state. Carpet in leased facilities must be awarding agency must notify the contractor provided by the lessor and is accounted for in that the contract is subject to state contractor the lease agreement and rate. Users should nondiscrimination and compliance contact the building manager and or the requirements (see paragraph 42 of the CMAS building owner when carpet is required. Terms and Conditions). A supplier or installer of carpet must be The prevailing wage requirements apply and a licensed by the State Contractors' Licensing list of prevailing wage rates must be available Board with a C-15 Flooring and Floor Covering for inspection. It is the ordering agency's license which is current and in good standing. responsibility to provide a copy of the The supplier must provide the license number prevailing wage rates to the contractor. The and expiration date for themselves and for all prevailing wage rates are available from the subcontractors providing installation services. Department of Industrial Relations, Prevailing This information shall be provided by the Wage Unit at www.dir.ca.gov (select Statistics supplier on the "Contractors' License & Research) or at (415) 703-4774. Requirements" form (see attached Sample A), which must be attached to each resulting Agencies should be aware that there are carpet order. A subcontractor is defined as certain requirements that pertain to floor anyone who will perform work, labor, or render coverings included in the Americans with services in an amount in excess of one-half of Disabilities Act of 1992 (ADA). Some of these one percent of the total order. Each requirements pertain to carpet pile height (not subcontractor's business address and the to exceed 1/2" in height), fastening exposed portion of work that each will perform shall also carpet edges to floor, and changes in floor be included on this form. level not to exceed 1/2" beveled. It is the responsibility of the agency to comply with these requirements. Detailed information relative to carpet installation and ADA requirements can be obtained from the State Architect, Access Compliance Unit, at (916) 445-7523. Ordering Instructions and Special Provisions 24 ATTACHMENT C Information Regarding the Purchase and Installation of Floor Coverings Agencies should be aware that old flooring The prime responsibility for contract material (tiles, glues, cove base, etc.) may performance rests with the contract holder, contain asbestos and could present significant who shall be the primary contact point for problems in the removal of old flooring material problem resolution. This contract is structured and in the installation of new carpet. Users such that the user may purchase carpet only or should determine the presence or absence of carpet installed from the supplier. In no case is asbestos containing material in their existing the supplier allowed to deny installation of the flooring materials and act accordingly before carpet selected by any user for any location. placing orders for carpet. Installation services may not exceed an amount equal to the cost of the carpet and, It is strongly recommended that new carpet not when identified, will be paid for in the cost of be installed over existing carpet due to the CMAS order. Typically, the price schedule potential conflicts with the Americans with will contain pricing for "clean floor" (new) Disabilities Act, and various fire, health and installation only. However, agencies may use safety codes. the Not Specifically Priced (NSP) provision for "unclean floor" installation services, as well as The moisture content of the slab over which products. The total dollar value of all the carpet is to be installed must be within the installation services, on clean and/or unclean limits allowed by the carpet manufacturer surfaces, using line item and/or NSP pricing, and/or glue manufacturer. The testing of slab must not exceed 50% of the order's total value. moisture content can be performed by either Note that the maximum amount of each the agency ordering the carpet or by the carpet transaction placed under this award schedule supplier. by a State agency is $100,000. The agency should provide for a site inspection The cost of installation and any ancillary prior to issuing an order for the carpet desired supplies/services is not included in the base and should use a checklist similar to the one price of the carpet and may be obtained from attached (see attached Sample C). Additions, the price schedule if listed, or can otherwise be changes, modifications to the checklist should included via the NSP provision. be made as necessary. The agency should inspect and monitor the progress of the It is incumbent upon the user to identify installation to prevent problems. whether the costs for installation and other requirements are fair and equitable. The following chart is provided to give an approximation of the costs for installation in several typical state locations. Updated 7/2019 • ATTACHMENT C Information Regarding the Purchase and Installation of Floor Coverings ESTIMATED CARPET INSTALLATION COSTS (NOTE: THESE ARE APPROXIMATIONS ONLY, NOT ACTUAL CONTRACT INSTALLATION PRICES. DOES NOT INCLUDE COST OF NEW CARPET.) BASED ON WEEKDAY INSTALLATION, NORMAL WORKING HOURS, PREVAILING WAGE, NO UNIQUE CONDITIONS DESCRIPTION OF INSTALLATION ESTIMATED INSTALLATION COST GENERAL OFFICE SPACE BROADLOOM $4.00 PER SY NEW CONSTRUCTION CLEAN FLOOR INSTALL NEW CARPET DIRECT GLUE MODULAR (TILE) $4.00 PER SY DOWN OR FULL SPREAD RELEASE ADHESIVE NON-PATTERNED CARPET GENERAL OFFICE SPACE BROADLOOM $5.00 PER SY NO FURNITURE MOVING REMOVE OLD DIRECT GLUE CARPET INSTALL NEW CARPET DIRECT GLUE MODULAR (TILE) $5.00 PER SY DOWN OR FULL SPREAD RELEASE ADHESIVE NON-PATTERNED CARPET GENERAL OFFICE SPACE BROADLOOM $10.00 PER SY MOVING OF CONVENTIONAL FURNITURE REMOVE OLD DIRECT GLUE CARPET INSTALL NEW CARPET DIRECT GLUE MODULAR (TILE) $10.00 PER SY DOWN OR FULL SPREAD RELEASE ADHESIVE NON-PATTERNED CARPET GENERAL OFFICE SPACE BROADLOOM $5.00 PER SY MOVING OF MODULAR (PANELS AND COMPONENTS) FURNITURE PLUS $300.00-$400.00 PER WORKSTATION REMOVE OLD DIRECT GLUE CARPET INSTALL NEW BROADLOOM CARPET DIRECT GLUE DOWN NON-PATTERNED CARPET GENERAL OFFICE SPACE MODULAR (TILE) $11.00 PER SY LIFTING OF MODULAR (PANELS AND COMPONENTS) FURNITURE REMOVE OLD DIRECT GLUE CARPET INSTALL NEW MODULAR CARPET FULL SPREAD RELEASE ADHESIVE Updated 7/2019 ATTACHMENT C Information Regarding the Purchase and Installation of Floor Coverings CARPET TYPES FOR GIVEN AREAS (GENERAL GUIDELINE ONLY) AREA TO BE CARPETED CARPET TYPE GENERAL OFFICE 26-28 OUNCE BROADLOOM, COMMERCIAL GRADE, LOOP PILE, NYLON, DuPONT LUMINA OR LEGACY OR (EXAMPLE: GENERAL STATE BASF 2000ZX YARN SYSTEM. INSTALLATION BY OFFICES WITH NO OR LIGHT DIRECT GLUE DOWN. TO MEDIUM PUBLIC TRAFFIC) OR 26-28 OUNCE MODULAR (CARPET TILE), COMMERCIAL GRADE, LOOP PILE, NYLON, DuPONT LUMINA OR LEGACY OR BASF 2000ZX YARN SYSTEM. INSTALLATION WITH FULL SPREAD OF RELEASE ADHESIVE. EXECUTIVE OFFICES 28-32 OUNCE BROADLOOM, COMMERCIAL GRADE, TUFTED GRAPHICS DESIGN, LOOP PILE, NYLON, (EXAMPLE: DIRECTOR'S DuPONT LUMINA OR LEGACY OR BASF 2000ZX YARN OFFICE, DEPUTY SYSTEM. INSTALLATION BY DIRECT GLUE DOWN. DIRECTORS, AGENCY PERSONNEL OR 28-32 OUNCE MODULAR (CARPET TILE), COMMERCIAL GRADE, TUFTED GRAPHICS DESIGN, LOOP PILE, NYLON, DuPONT LUMINA OR LEGACY OR BASF 2000ZX YARN SYSTEM. INSTALLATION WITH FULL SPREAD OF RELEASE ADHESIVE. STATE OWNED 34 OUNCE BROADLOOM, TUFTED, COMMERCIAL RESIDENCES GRADE, CUT AND LOOP PILE. YARN TO BE BRANDED NYLON, ANY CONVENTIONAL DYE METHOD. INSTALLATION STRETCH IN OVER 3/8 INCH, 100% SYNTHETIC CARPET CUSHION, 28 OUNCE PER SQUARE YARD NOMINAL, 6.2 POUND PER CUBIC FOOT, MEETING ASTM E648 CLASS 1 RADIANT PANEL TEST. TEMPORARY BUILDINGS 20 OUNCE BROADLOOM, TUFTED, COMMERCIAL INCLUDING MOBILE AND GRADE, LOOP PILE, BRANDED, SOLUTION DYED MODULAR FACILITIES NYLON. INSTALLATION BY DIRECT GLUE DOWN. VERY HIGH TRAFFIC AREAS 20 OUNCE BROADLOOM, TUFTED, STRUCTURED (EXAMPLE: MEDIUM TO BACK, COMMERCIAL GRADE, NYLON, DuPONT LUMINA HEAVY USE PUBLIC AREAS, OR LEGACY OR BASF 2000ZX YARN SYSTEM. MAY AIRPORTS, INCLUDE HIGH DENSITY URETHANE OR VINYL COLLEGE/UNIVERSITY CHLORIDE PAD BACKING. SEAMS SHOULD BE FOOD SERVICE AREAS, CAPABLE OF SEALING (WELD TOGETHER). DORMITORIES INSTALLATION BY DIRECT GLUE DOWN Updated 7/2019 • • ATTACHMENT C Information Regarding the Purchase and Installation of Floor Coverings SAMPLE A CONTRACTORS' LICENSE REQUIREMENTS The work described in this order requires a valid California Contractor's License (C-15 Flooring and Floor Covering). If subcontractors are to be used, they must also possess valid State Contractors' Licenses appropriate to their scope of work, and they must be listed below. Supplier's Contractor's License Number: License Issued to Whom: Class / Type of License: Expiration Date of License: Work to be Performed: Subcontractor's Name and Address: License Number: Class /Type of License: Expiration Date of License: Work to be Performed: WORKMEN'S COMPENSATION CERTIFICATION The undersigned hereby certifies the following: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this order. Signature of Supplier Date Updated 7/2019 ATTACHMENT C Information Regarding the Purchase and Installation of Floor Coverings SAMPLE B PAYMENT BOND TO ACCOMPANY CONSTRUCTION CONTRACT (Public Contract Code Sections 7103 and 10221) BOND Number: The premium on this bond is for the term Know All Men By These Presents: That The State of California, acting by and through the , has awarded to whose address is as Principle, a contract for the work described as follows: Project Title: Project Location: WHEREAS, the provisions of Public Contract Code Section 7103 and 10221 require that the Principle file a bond in connection with said contract and this bond is executed and tendered in accordance therewith. NOW THEREFORE, Principle and , a Surety Corporation organized under the laws of and authorized to transact a generalsurety business in the State of California, as Surety, are held and firmly bound to the People of the State of California in the penal sum of ( ), for which payment we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. Updated 7/2019 ATTACHMENT C Information Regarding the Purchase and Installation of Floor Coverings SAMPLE B THE CONDITION OF THIS OBLIGATION IS SUCH, 1. That if said Principle or its subcontractors shall fail to pay any of the persons named in Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principle and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety herein will pay for the same, otherwise this obligation is to be void. In case suit is brought upon this bond, the Surety will pay a reasonable attorney's fee to be fixed by the court. 2. This bond shall insure to the benefit of any persons named in Civil Code Section 9100 as to give a right of action to such persons or their assigns in any suit brought upon this bond. 3. The aggregate liability of the Surety hereunder, including costs and attorney fees, on all claims whatsoever shall not exceed the penal sum of the bond in accordance with the provisions of Section 996.470(a) of the Code of Civil Procedure. 4. This bond is executed by the Surety, to comply with the provisions of Public Contract Code Sections 7103, 10221 and 10222, Chapter 5, Title 3, Part 6, Division 4 of the Civil Code and of Chapter 2, Title 14, Part 2 of the Code of Civil Procedure and said bond shall be subject to all of the terms and provisions thereof. 5. This bond may be cancelled by the Surety in accordance with the provisions of Section 996.310 et seq. of the Code of Civil Procedure. 6. This bond to become effective (NAME OF SURETY) (ADDRESS) I certify (or declare) under penalty of perjury that I have executed the foregoing bond under an unrevoked power of attorney. Executed in on (CITY AND STATE) (DATE) (SIGNATURE OF ATTORNEY IN FACT) (PRINTED OR TYPED NAME OF ATTORNEY IN FACT) Updated 7/2019 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) SUPPLIER'S NAME CMAS NO. X-XX-XX-XXXXA, AMENDMENT NO. XX SAMPLE C CARPET INSTALLATION REQUIREMENTS Items Items Performed Performed Required Required By Vendor By Agency Requirement Yes No Standard office furniture to be removed and replaced (excluding copiers, computers, personal items and plants). Vendor to provide all equipment and labor. Remove existing: carpet , pad , tile Disposition: To State Remove from State Premises Raise and reset monuments. Prepare floor and strip wax and other coatings and debris using commercial stripper. Follow stripper and carpet manufacturer's recommendations. Remove trim, rehang doors and replace doorstops (except metal doors to be trimmed by State. Inspection of floor preparation by Building Manager. Reducer strips (metal , plastic ) to be installed in accordance with the manufacturer's recommendations and in accordance with approved broadloom seaming diagrams. Tack strips to be installed. Pad to be installed. Cove base, rubber or vinyl Furnish and install Color: brown , black other Size: 6" , 4" , 2" other Remove existing base Trim cove on existing base Other (explain) Ordering Instructions and Special Provisions 31 ATTACHMENT C Information Regarding the Purchase and Installation of Floor Coverings Items Items Performed Performed Required Required Requirement By Vendor By Agency Yes No All spots and smears of floor adhesives and seam cement to be removed. Remove all scraps and extraneous items from State premises upon completion of the installation and protect all adjacent areas from damage. Leave overage with Building Manager. Work to be performed on other than regular working hours. Nights Weekends Floor duct covers, contact: Building Manager Other Updated 7/2019 ATTACHMENT C Information Regarding the Purchase and Installation of Floor Coverings SAMPLE C (continued) Carpet Installation Instructions Continued COORDINATION AND INSPECTION OF WORK Site Inspection: A job walk-through for the purpose of inspecting the installation site will be conducted on at at The walk-through inspection will be conducted by Failure to inspect the installation site in no way relieves the supplier from obligations as stated in this order. Installation Coordination: (Name) (Title) at (Agency) , telephone ( ) will be responsible for coordination of all installation work. Within 10 days after receipt of a purchase order, the supplier shall contact (Name) to coordinate an acceptable installation schedule. No installation work shall commence without the Building Manager's advance approval of the schedule. Inspection of Installation Work: Check here if any deficiencies in materials and/or workmanship are noted during inspection of the work in progress. The agency will immediately notify the supplier of these problems. The supplier shall request an inspection after % of the work has been completed. This inspection will be made jointly by the supplier and a designee of the agency. (Name) , (Title) will be responsible for performing initial, continuing, and final inspection of the installation work by the supplier. Updated 7/2019 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 02/JL,13 SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 50 Payment Bond (Labor and Materials) Bond No. 17'5SSO Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved h/4.1 (Council Approval Date) CC No. Agenda Item No. ,l MSC No. City Clerk Vault No. 4edd• et) Other) . ST14 LPJ yeeirti i SIRE System ID No. g:/forms/bond transmittal to treasurer �