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HomeMy WebLinkAboutArmour's Custom Painting - 2023-02-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ARMOUR'S CUSTOM PAINTING FOR PAINTING OF WROUGHT IRON FENCING 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 Armor's Custom Painting, hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of painting wrought iron fencing. 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: I. Scone 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 Mike Armour,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. 23-12332/300163 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 Twenty Three Thousand Dollars($23,000.00) during the term of this Agreement, b. Payment by City shall be made within thirty(30)days following receipt of proper invoice evidencing work performed,subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4, Term Time is of the essence of this Agreement. The services of Contractor are to commence February 1,2023,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. 23-12332/300163 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, 23-12332/300163 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. 23-12332/300163 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 is 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. 23-12332/300163 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 Armour's Custom Painting Attn: Director of Public Works Attn:Mike Armour 2000 Main Street 9212 El Molina Circle Huntington Beach,CA 92648 Fountain Valley,CA 92708 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. 23-12332/300163 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 s all,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; 23-12332/300163 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. 23-12332/300163 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) partiesacknowledge The 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 parry'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. 23-12332/300163 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 ARMOUR'S CUSTOM PAINTING municipal corporation of the State of California By; 7 Mayor gl. ` 5 At2 14115 1) Print name ITS; (circle one) Chairmatien 44.1A0L, qdietizza,1444) Vice President City Clerk .2//4/234 AND By: cil is SCheidegger INITIA/ED AND APPROV Pr'. .. u - ITS: (circle on Financial r Officer/Asst. Sec ..i reasurer irector of Pu Works APPROVED A FORM: City Attorney D APPROVED: !! a� 23-12332/300163 10 EXHIBIT "A" A. STATEMENT CR WORK: (Narrative of work to be performed) Paint wrought iron fencing B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-12332/300163 11 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 23-12332/300163 12 payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 23-12332/300163 13 EXHIBIT B Armour's Custom Painting FP/ CONTRACT 9212 El Molino Circle City of Huntington Beach Fountain Valley, CA 92708 mjarmoulyahoo.com 17371 GrQthard ST fl 47 714.588.1388 Huntington Beach ALot Ac9ro s Street � cp,,,Gera PAIN)rrvc PRO EGT LOCATION: „ *** �,3` License#: 535500 J 2150 EPacific Coast DIR#: 1000037838 Highway Huntington Beach,CA EMAIL: PHONE It: JOB#: 9781,1 ATTENTION: DATE: PAYM1:N1•`I'GRMS: 1REVISION It Piepaied by: Dennyacon 1/6/2023 30%prior to start/30%at half completion N/A VA ybalance upon completion Description Qty Rate Total Paint wrought iron fence around field at complex across 19,950.00 19,950.00 street.1,100 LF of wrought iron coated with rustoleum semi gloss. • i • is . Total $19,950.00 please sign to sic nIfv acceptance of this contract client: date: contractor: date: ANY ADDITIONAL WORK WHICH ACCRUES FURTHER COST IN LABOR AND/OR MATERIALS MUST BE AGREED { UPON BY BOTH CLIENT AND CONTRACTOR, 9212 El Molino Cr.,Fountain Valley,CA 92708-714.588.1388-Llseense II 535500 i • ACoRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ODIYYYY) 01/18/2023 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 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 Mike Shiraz) NAME: Golden Capital Insurance PHONE 818 FAX M 21250 Cailfa St Ste#113 c-Ne.Eat). ( )654.6985 fA/C,Nol: AIL Woodland Hills,CA 91367 ADDRESS: service Co39oldenca pItalins.com Phone:(818)654-6985 Fax:( )_ INSURER(8)AFFORDING COVERAGE NAIL N INSURER A: SCOTTSDALE INSURANCE COMPANY 41297 INSURED INSURER e: AmGUARD Insurance Company 42390 MIKE ARMOUR'S CUSTOM PAINTING INSURER C: INSURER 0: 9212 EL MOLINO CIRCLE INSURER E: Fountain Valley CA 92708- INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE AWL SUBR POLICY EFF POLICY EXP LIMITSIN SD WVD POLICY NUMBER IMMIDDIYYYYI,(MM(O DIYYYY), A X COMMERCIAL GENERAL LIABILITY X X RBS0081572 03/14/2022 03/14/2023 EACH OCCURRENCE $ 1,000,000 X CLAIMS-MADE X OCCUR DAGE TO RENTED PREMISEs(Eaoccurrencel $ 50,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GERIAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEC []LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY x X MIAU352927 04/22/2022 04/22/2023 Fes)al anDISINGLE LIMIT $ 1,000,000 _ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOHIRED SAUTOS AUTOS NON-OWNED OS PROPERTY P OPER Y DAMAGE $ Included,000 $ A UMBRELLA LIAB X OCCUR XLS0118350 03/14/2022 03/14/2023 EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE —i N!A E.L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED'? I I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ A Inland Marine RBS0081572 03/14/2022 03/14/2023 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Addlllonal Remarks Schedule,may be attached If more space Is required CSLB#535500 APP OV D At3 TO-FOR�u{ The City,its officers,elected or appointed officials,employees,agents and volunteers are added as additional I v r of Subr atio is in favor of additional insureds. Endorsement forms attached. MIC AEL E.GATES CITY ATTORNEY QITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main at THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVEV/j�/J'! jdadi ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE`MMIDOmYYi 01/17/2023 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 pollcy(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 Ileu of such endorsement(s). CONTACT Odelia Samya PRODUCER NAME: Capital Providers Insurance ((P@qH.CNNR Exll; (818)678-0016 I f, No): (818)676 0015 License#0H52316 ADDFess: Odelia®CPISGroup.com 20760 Ventura Blvd.,Ste 305 INSURER(S)AFFORDING COVERAGE NAIL 0 Woodland Hills CA 91364 INSURER A: Sirius America Insurance Company INSURED INSURER B: Mike Armour,DBA:Mike Armour's Custom Painting INSURERC: 9212 El Molino Circle INSURER D: INSURER E: Fountain Valley CA 92708 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 WC 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. AODL SUER POLICY EFF POLICY EXP LIMITS IN SR W TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD(YY) (MMIDD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ — PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER. GENERALAOGREGATE $ 1 POLICY n ST8i n LOC PRODUCTS-COMP/OP AGO $ OTHER: $ AUTOMOBILE LIABILITY (EaacB,Iciident�NGLELIMIT $ ANY AUTO BODILY INJURY(Per person) $ — OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED NON-OWNED (Per accident) $ AUTOS ONLY AUTOS ONLY S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ �( $ WORKERS COMPENSATION /y PER I ER AND EMPLOYERS'LIABILITY000 ANY PROPRIETOR/PARTNER/EXECUTIVE Yl—j NIA Y WC@113400 0212012022 02/20/2023 EL EACH ACCIDENT S 1,000, A (Mandatory in I I EL DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory In NH)yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,0 0 0,0 00 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may bo attached Emote space Is required) Waiver of Subrogation In favor of CIty of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers applies to the Workers Compensation when required by written contract per the attached endorsement. 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 St. AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 I ®1966-201b ACORD CORPORATION. All rights reserved. ACORD 25(2018103} The ACORD name and logo are registered marks of ACORD ENDORSEMENT )L SCOTTSDALE INSURANCE COMPANY® NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF f�p�p1 A.M.STANDARD TIME) NAMED INSURED AGENT NO. POLfCY NUMBER RBS0081572 03/14/2022 Mike Armour's Custom Painting 047BZ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORSBLANKET PERSON OR ORGANIZATION—COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): City of Huntington Beach, its officers,elected Any location of Additional Insured Person or Or- or appointed officials,employees,agents and ganization where work is performed by you if volunteers. products-completed operations hazard cover- age is required by Insured contract. SECTION II—WHO IS AN INSURED, paragraph C. is amended to include, for COVERAGE A—BODILY INJURY,PROPERTY DAMAGE, PERSONAL INJURY AND ADVERTISING INJURY LIABILITY only, as an additional insured, the person, entity or organization designated in this endorsement for whom the Named Insured has performed operations only when the Named Insured has agreed with the person, entity or organization in an insured contract to name the person, entity or organization as an additional Insured. 1. Such person,entity or organization is only an additional insured with respect to liability for bodi- ly injury or property damage caused, in whole or in part, by your work at the location designat- ed in this endorsement performed for the additional insuredunder the insured contractand included in the products-completed operations hazard. 2. The Insured contract must be currently in effect or become effective during the policy period, be executed prior to the bodily injury or property damage first happening, and be between the Named Insured and the additional insured. 3. The applicable limit of our liability shall not be increased by the inclusion of the additional in- sured under the policy. 4. We shall have no duty to indemnify the additional insured for damages,claims or any other lia- bilities arising from actions, inactions,errors or omissions of the additional insured. SDS-4(1-18) Page 1 of 2 5. Our duty to contractually indemnify the additional Insuredunder an Insured contract shall be limited to that sum derived by applying the percentage of fault of the Named Insured as deter- mined by the trier the trier-of-fact to the total damage sum allocated by the trier-of-fact to the ad- ditional Insured.Under no circumstances shall we pay more than this proportionate contractual indemnity share. 6. Any contractual indemnity payments made on behalf of any additional insured under an in- sured contract shall reduce the applicable limits of insurance on a dollar for dollar basis. Any contractual indemnity payments are subject to the terms,conditions and limitations of the policy. 7. This endorsement does not create a duty on ourpart to defend the additional insuredor to par- ticipate in, contribute to, or reimburse any person, organization or entity for any fees or expenses incurred in the defense of the additional insured. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition B.INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE,CLAIM OR SUIT of the policy is amended to include: An additional insuredunder this endorsement shall in addition to complying with all provisions of the policy: 1. Give written notice tous of an occurrence or an offense which may result in a claim or suit with- in thirty(30)days of notice to the additional insured. 2. Give written notice to us of a claim or suit brought against the additional insured within thirty (30)days of the additional insured being served with the claim or suit. 3. Give written notice to any other insurer who has or may have coverage under its policy or policies for a claim,suit or demand for defense or indemnity within thirty (30) days of the additional in- sured being served with the clalm,suitor demand for defense or Indemnity. Such notice must demand the full coverage available under the policy. The additional insured will not take any ac- tion to waive or limit such other coverage available to it. 4. Obtain and provide to us copies of each and every policy from each and every insurer identified pursuant to the preceding paragraph. This endorsement is subject to all terms, conditions and exclusions of the policy, which remain unchanged. 03/16/2022 AUTHORIZED REPRESENTATIVE DATE SDS-4(1-18) Page 2 of 2 ENDORSEMENT J. SCOTTSDALE INSURANCE COMPANY® NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF NAMED INSURED AGENT NO. (12;07 A.M.STANDARD TIMES POLICY NUMBER R6S0081572 03/14/2022 Mike Armour's Custom Painting 047BZ THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED—ONGOING OPERATIONS—PRIMARY AND NON-CONTRIBUTORY—OWNERS, LESSEES OR CONTRACTORS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II—WHO IS AN INSURED, paragraph C. Is amended to include,for COVERAGE A—BODILY INJURY, PROPERTY DAMAGE,PERSONAL INJURY AND ADVERTISING INJURY LIABILITY only,as an additional insured, any person, entity or organization for whom the Named Insured is performing ongoing operations only when the Named insured has agreed with the person,entity or organization in an insured contract to name the person,entity or organization as an additional insured. 1. Such person,entity or organization is only an additional insured with respect to liability for bodi- ly Injury or property damage caused, In whole or in part, by the ongoing operations of the Named insured performed for the additional Insured. 2. The insured contract must be currently in effect or become effective during the policy period, be executed prior to the bodily injuryor property damage first happening, and be between the Named Insured and the additional Insured. 3. This coveragedoes not apply to bodily injury or property damage after: a. Your work for the additional Insuredhas been completed;or b. That portion of your work out of which the bodily Injury or property damagearises has been put to its intended use by any person or organization. 4. The applicable limit of our liability shall not be increased by the Inclusion of the additional in- sured under the policy. 5. We shall have no duty to indemnify the additional insured for damages,clalms or any other lia- bilities arising from actions,inactions,errors or omissions of the additional Insured. 6. Our duty to contractually indemnify the additional insuredunder an insured contract shall be limited to that sum derived by applying the percentage of fault of the Named Insured as deter- mined by the trier the trier-of-fact to the total damage sum allocated by the trier-of-fact to the ad- ditional insured.Under no circumstances shall we pay more than this proportionate contractual indemnity share. 7. Any contractual indemnity payments made on behalf of any additional Insured under an In- sured contract shall reduce the applicable limits of insurance on a dollar for dollar basis. Any contractual Indemnity payments are subject to the terms,conditions and limitations of the policy, SDS-8(1-18) Page 1 of 2 8. This endorsement does not create a duty on ourpart to defend the additional insuredor to par- ticipate in, contribute to, or reimburse any person,organization or entity for any fees or expenses incurred In the defense of the additional Insured. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition B. INSURED'S DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUITof the policy is amended to include: An additional insuredunder this endorsement shall in addition to complying with all provisions of the policy, 1. Give written notice tous of an occurrence or an offense which may result In a claim or suit with- in thirty(30)days of notice to the additional insured. 2. Give written notice to us of a claim or suit brought against the additional insured within thirty (30)days of the additional Insured being served with the claim or suit. 3. Give written notice to any other insurer who has or may have coverage under its policy or policies for a ciaim,sult or demand for defense or indemnity within thirty(30)days of the additional in- sured being served with the ciaim,suitor demand for defense or indemnity.Such notice must demand the full coverage available under the poiicy.The additional Insured will not take any ac- tion to waive or limit such other coverage available to it. 4. Obtain and provide to us copies of each and every policy from each and every insurer identified pursuant to the preceding paragraph. The coverage provided by this endorsement is primary and non-contributory and no insurance held or owned by the additional insured shall be called upon to cover damages under this policy up to the limits of this policy, but only if the bodily Injury or property damage under this policy is caused directly, in whole or in part,from your ongoing operations performed for the additional insured. This endorsement is subject to all terms, conditions and exclusions of the policy, which remain unchanged. 03/16/2022 AUTHORIZED REPRESENTATIVE DATE SDS-8(1-18) Page 2 of 2 COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership,maintenance or use of the additional insured's"autos." Additional Insured When Required by Contract (a) The limits of insurance specified in (1) Paragraph A.1. — WHO IS AN INSURED — the went;or ten contract or written agreeme of Section iI — Liability Coverage is amended to add: (b) The Limits of Insurance shown In d. When you have agreed, in a written the Declarations. contract or written agreement, that a Such amount shall be a part of and not person or organization be added as an in addition to Limits of Insurance shown additional insured on your business auto in the Declarations and described In this policy,such person or organization is an Section. "insured", but only to the extent such (3) Additional Insureds Other Insurance person or organization Is liable for "bodily injury" or "property damage" If we cover a claim or "suit" under this caused by the conduct of an "insured" Coverage Part that may also be covered under paragraphs a. or b. of Who Is An by other insurance available to an Insured with regard to the ownership, additional insured, such additional maintenance or use of a covered"auto." Insured must submit such claim or"suit" The insurance afforded to any such to the other insurer for defense and additional insured applies only if the indemnity. "bodily injury" or "property damage" However, this provision does not apply occurs: to the extent that you have agreed in a (1) During the policy period,and written contract or written agreement that the insurance is primary and non- (2) Subsequent to the execution of such contributory with the additional Insured's written contract,and own insurance. (3) Prior to the expiration of the period (4) Duties In The Event Of Accident, Claim, of time that the written contract Suit or Loss requires such insurance be provided If another person or organization is to the additional insured. added as an additional insured on your (2) How Limits Apply policy, the additional Insured shall be if you have agreed in a written contract required to comply with the provisions in If writtenhavagreementin a that anotherra A. Loss Conditions 2.— Duties In The oEvent Of Claim, Suit Or person or organization be added as an SECTION IV — BUSINESSS additional insured on your policy, the Loss — of SECTION AUTO CONDITIONS, in the same most we will pay on behalf of such manner as the Named Insured. additional insured is the lesser of: BA 99 04 06 18 Includes copyrighted material of insurance Services Office,Inc.,with Its permission. Page 1 of 1 COMMERCIAL AUTO BA 99 02 09 08 BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV-BUSINESS AUTO CONDITIONS,A.Loss Conditions,5.Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. BA 99 02 09 08 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 1 COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured's"autos." Additional Insured When Required by Contract (a) The limits of insurance specified in (1) Paragraph A.1. —WHO IS AN INSURED — the written contract or written of Section II — Liability Coverage is agreement;or amended to add: (b) The Limits of Insurance shown in d. When you have agreed, in a written the Declarations. contract or written agreement, that a Such amount shall be a part of and not person or organization be added as an in addition to Limits of Insurance shown additional insured on your business auto in the Declarations and described in this policy, such person or organization is an Section. "insured", but only to the extent such (3) Additional insureds Other Insurance person or organization is liable for "bodily injury" or "property damage" If we cover a claim or "suit" under this caused by the conduct of an "insured" Coverage Part that may also be covered under paragraphs a. or b. of Who Is An by other insurance available to an Insured with regard to the ownership, additional insured, such additional maintenance or use of a covered"auto." insured must submit such claim or"suit" The Insurance afforded to any such to the other insurer for defense and additional insured applies only if the indemnity. "bodily injury" or "property damage" However, this provision does not apply occurs: to the extent that you have agreed in a (1) During the policy period,and written contract or written agreement that the insurance is primary and non- (2) Subsequent to the execution of such contributory with the additional insured's written contract,and own insurance. (3) Prior to the expiration of the period (4) Duties in The Event Of Accident, Claim, of time that the written contract Suit or Loss requires such insurance be provided If another person or organization is to the additional insured. added as an additional insured on your (2) How Limits Apply policy, the additional insured shall be If you have agreed in a written contract required to comply with the provisions in If writtenhavgreed in aent that another A. Loss Conditions 2.— Duties In The or person or organization be added as an Event off SEAcCTIONdent, VClaim, Suit S additlonal insured on your policy, the Loss — SECTION IV — BUSINESS AUTO CONDITIONS, in the same most we will pay on behalf of such manner as the Named Insured. additional insured is the lesser of: BA 99 04 06 18 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 1 ENDORSEMENT SCOTTSDALE INSURANCE COMPANY® NO. ATTACI(EI)TO AND ENDORSEMENTka'FECfryE DATEFORM INOAPART OF (I 1s01 A.M.STANDARD TIN E) NAMED INSURED AGENT NO. POLICY NUMBER RBS0081572 03/14/2022 Mike Armour's Custom Painting 047BZ THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Designated Construction Project: Any person or organization against whom Any construction project performed by you for any subrogation is required to be waived by an person or organization against whom subrogation Is "insured contract". required to be waived by an"insured contract". SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph J. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted in its entirety and replaced by the following: J. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any insured has rights to recover all or part of any payment we have made under the applicable Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair such rights. At our request, such insured will bring suit or transfer those rights to us and help us enforce them. 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 bodily injury or property damage arising out of your work done under an insured contract with that person or organization at the designated construction project. This waiver applies only if the designated construction project shown in the Schedule above is completed and only to the construction project designated in the above Schedule. All other terms, conditions and exclusions of the policy remain unchanged. / 03/16/2022 AUTHORIZED REPRESENTATIVE DATE SDS-17(I-18) Page t of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION Any person or organization as required by written contract within states covered under this policy . This endorsement changes the policy to which it is attached and Is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 02-20-22 Policy No.WC 91134 00 Endorsement No. Insured Armour, Mike Premium $ Incl. Insurance Company Sirius America Ins Co Countersigned By 1998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers'Compensation Insurance Forms Manual @ 1999.