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HomeMy WebLinkAboutH.B. Wood Products, Inc. dba Whittier Wood Products - 2023-03-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND H.B. WOOD PRODUCTS, INC. dba WHITTIER WOOD PRODUCTS FOR GENERAL DOOR INSTALLATION, REPAIR MAINTENANCE AND MOBILE WELDING 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 H.B. Wood Products, Inc. dba Whittier Wood Products hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of general door installation, repair, maintenance and mobile welding. 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 Mike Ester, 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. 23-12465/303446 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B." The total sum to be expended under this Agreement, shall not exceed Four Hundred Fifty Thousand Dollars ($450,000.00) during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works Operations annual not to exceed amount. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence 3/V..9DAR 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. 23-12465/303446 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, 23-12465/303446 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. 23-12465/303446 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. 23-12465/303446 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 H.B. Wood Products, Inc.dba Whittier Attn: Director of Public Works Wood Products 2000 Main Street Attn: Mike Ester Huntington Beach, CA 92648 17661 Sampson Lane Huntington Beach, CA 92647 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. 23-12465/303446 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; 23-12465/303446 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. 23-12465/303446 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. 23-12465/3 03446 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to he 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 II.B. WOOD PRODUCTS, INC. dba municipal corporation of the State of WHITTIER WOOD PRODUCTS California (17/e.-_,4011611.A.Anir iy.•� Mayor Print name I S: (circle one) Chairt� 3 residen RA„, Vice President �-- -�'�� City Clerk 3?1�,,12 AND By: INITIATED AND APPR Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer ---- Director of Pu i Works APPROVED AS TO •RM: a0,01011114,1r dee" Cit, A .rney R: E D APPROVED: City Man:_er 23-12465/303446 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) General door installation, repair, maintenance and mobile welding. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-12465/303446 11 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: "SEE ATTACHED EXHIBIT B" B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty(30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. GENERAL MAINTENANCE SERVICES RFQ BID SHEET DOOR INSTALLATION,REPAIR AND MAINTENANCE(WOOD,STEEL,STOREFRONT AND GLASS) Contractor Name:Age, Date: , /a-.eG' - -- •r` ' Instructions for completing Bid Sheet: 1. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2.Attach and include in your submittal only those bid sheets you are quoting. 3.Attach a current rate sheet/fee schedule and include with your submittal. 4.Fill in the company name above and the boxes below,circle$or%sign for markup. ITEM NORMAL BUSINESS HOURS Labor hourly rate $ /25. Materials markup $or% ee .►' ' e2,0,1 e.•ems GENERAL MAINTENANCE SERVICES RFQ BID SHEET MOBILE WELDING-ALUMINUM AND STEE6.5) Contractor Name: La //f f./'.....Z Date: 5,0friez • Instructions for completing Bid Sheet: • 1. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2.Attach and include in your submittal only those bid sheets you are quoting. 3.Attach a current rate sheet/fee schedule and include with your submittal. 4.Fill in the company name above and the boxes below,circle$or%sign for markup. ITEM NORMAL BBUSINESS HOURS Labor hourly rate $ Materials markup $or% .73 CC7R nor DATE(MM(DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/17/2023 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 policy(Ies) 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 NAME: VICTORIA COOK INSURANCE SERVICES INC AHOfNE Fxl (714) 904-6116 I FAX No1(866)681-6034 31938 Temecula Pkwy, Suite #A163 6AIL •r000kagency@gmail.com Temecula, CA 92592 INSURER(S) AFFORDING COVERAGE NAICU 0Gi7853 INsuRERA,Mesa Insurance Co 36838 INSURED HB WOOD PRODUCTS, INC. INSURERB: Travelers Insurance Company 19046 DBA WHITTIER WOOD PRODUCTS INSURER C:Sirius America Ins Co 38776 17661 Sampson Lane INSURER ID:Scottsdale Insurance Company 41297 HUNTINGTON BEACH, CA 92647 INSURERE: 714-847-8813 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES 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 POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AuuL su5W POLICYEF'r POLICY EXP LTR TYPE OF INSURANCE IEEE Wuo POLICY NUMBER IMM!DD/YYYY1 (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE i0 HEN JED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occur ence) $ 50,000 r l I CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5,000 A x Deductible:$500.00 Y Y MP0004018007567 11/03/2022 11/03/2023 PERSONAL S.ADV INJURY $ 1,000,000 _ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPIJESPER: PRODUCTS.COMP/OP AGG $ 2,000,000 POLICY'^J QF° p LOC Liab Ded $ 500 AUTOMOBILE LIABILITY COMeBINEDt)SINGLELIMIT $ 1,000,000 X ANYAUTO BODILY dINJURY(Per person) $ ALLOWNEO SCHEDULED BA-5R522921-22-42 12/08/2022 12/0e/2023 BODILY INJURY(Per accident) $ B AUTOS x AUTOS Y I $ X HIRED AUTOS ]( NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) X $ UMBRELLA LIAR X OCCUR 11/03/2211/03/2023 EACH OCCURRENCE $ 5,000,000 D X EXCESS LIAB CLAIMS-MADE Y Y AGGREGATE $ 5,000,000 XB80176243 DED I J RETENTIONS $ WORKERS COMPENSATION XITWESTATU- IDFR AND EMPLOYERS'UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 11/03/2211/03/23 ELEACH ACCIDENT $ 1,000,000C OFFICERIMEMBER EXCLUDED? a N(A I WC 108440 00 1 000,000 (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ + + Ifyes,descrile under 1,000,000 DESCRIPTIONOFOPERATIONSbelow E.LDISEAS£-POLICYUMIT S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City OE Huntington Beach,its officers, elected or appointed officials, employees, agents and volunteers are to be specifically named and covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the APP OVER AS TO FORM contractor CERTIFICATE HOLDER CANCELLATION CHQFI l;ATE$ The CITY OF HUNTINGTON BEACH �� CITYIT ATTORNEYSHO 2000 Main Street THEULD ANY OF EXPRATIIONHE DATEVE THEREOF, TIUfIC CL' :,i 'DEL -M-'ACH Huntington Beach, CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (:;NOL ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MP0004018007567 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): CITY OF HUNTINGTON BEACH, ITS OFFICERS, 17661 SAMPSON LANE, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, HUNTINGTON BEACH, CA 92647 AGENTS AND VOLUNTEERS 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury', "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part,by: 1. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 insured Copy • C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III —Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown In the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER:MP0004018007567 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organizations) CITY OF HUNTINGTON BEACH, ITS OFFICERS, 17661 SAMPSON LANE, ELECTED OR APPOINTED OFFICIALS, HUNTINGTON BEACH, CA 92647 EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided tothe "property damage caused, in whole or in part, by additionalt, the insured Is required b by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever Is less. insured only applies to the extent permitted by This endorsement shall not increase the applicable law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Copy MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY Policy#MP0004018007567 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIABILITY BUNDLE GOLD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. Summary of Coverages Provided by This Endorsement: Blanket Additional Insureds—As Required by Contract with Completed Operations Page 5 Blanket Waiver of Transfer of Rights of Recovery Page 7 Construction Per Project General Aggregate Limit-$5,000,000 Page 4 Contractual Liability(Railroads) Page 8 Contractual Liability Amendment(Personal and Advertising Injury) Page 5 Damage to Premises Rented to You-$1,000,000 Page 6 Liberalization Clause Page 7 Lost Key Coverage-$10,000 sublimit Page 3 Primary and Non-Contributory Provision Page 7 Property Damage—Care, Custody, or Control-$100,000 sublimit Page 3 Short-Term Pollution Event—Limited Coverage -$50,000 Page 2 Waiver of Governmental Immunity Page 8 MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 8 Insured Copy SHORT TERM POLLUTION EVENT- LIMITED COVERAGE Paragraph 2. Exclusions f. Pollution of SECTION I -COVERAGES—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY,does not apply to"bodily injury"or"property damage"due to an "occurrence"arising out of a"short-term pollution event"if the operations meet all standards of any statute, ordinance, regulation or license requirement of any federal,state or local government which apply to those operations. Subject to SECTION III—LIMITS OF INSURANCE, the most we will pay under Coverage A for"bodily injury"or"property damage"due to an"occurrence"arising out of a"short-term pollution event" is a sublimit of$50,000,This limit is included in and not in addition to the Limits of Insurance shown in the Declarations of the Commercial General Liability Policy. The following is added to SECTION V-DEFINTIONS: A. "Short-term pollution event"means a discharge, dispersal, release or escape of"pollutants" which: 1. Begins during the policy period; 2. Begins at an identified time and place; 3. Ends, in its entirety, at an identified time within forty-eight(48)hours of the beginning of the discharge, dispersal, release or escape of the"pollutants"; 4. Is not a repeat or resumption of a previous discharge,dispersal, release or escape of the same pollutant from essentially the same source within twelve(12)months of a previous discharge, dispersal, release or escape; 5. Does not originate from an"underground storage tank"; and 6. Is not heat, smoke or fumes from a"hostile fire." To be a"short-term pollution event", the discharge, dispersal, release or escape of "pollutants"need not be continuous. However, if the discharge, dispersal, release or escape is not continuous,then all discharges, dispersals,releases or escapes of the same "pollutants"from essentially the same source, considered together, must satisfy Provisions 1.through 6. of this definition to be considered a"short-term pollution event." B. "Underground storage tank"means any storage tank, including any attached pumps,valves or piping, buried below the surface of the ground or water, or which, at any time, had been buried under the surface of the ground or water and then subsequently exposed by any means. For the purposes of this definition, buried means that at least 10%of it is below the surface of the ground or water. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 Insured Copy LOST KEY COVERAGE The following is added to Paragraph 2.Exclusions j.Damage to Property(4) under SECTION I - COVERAGES COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY: We will pay up to$10,000 for each"occurrence"for the actual and necessary expense you incur to rekey or to adjust locks to accept new keys or, if required, new locks including cost of their installation at the customer's premises as a result of direct physical loss of or damage to their keys entrusted to you, subject to the following: A. Such insurance as is afforded by this endorsement shall not apply to damages caused by misappropriation,conversion,secretion, infidelity or any act of dishonesty on the part of any Insured, its"employees"or agents; B. The total liability of the Company for ail damages as the result of any one"occurrence"shall not exceed the limit of liability stated above; C. The Company's obligation to pay damages on behalf of the Insured applies only to the amount of damages in excess of the deductible amount set forth in the policy. D. The Limit of Insurance for this coverage is based on each"occurrence"and is subject to a $25,000 aggregate limit. PROPERTY DAMAGE— CARE, CUSTODY, OR CONTROL The following is added to Paragraph 2.Exclusions j. Damage to Property under SECTION I— COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Paragraphs(4)and (5)do not apply for the limited purpose of providing the coverage and sublimits of liability as set forth below. We will pay those sums that the Insured becomes legally obligated to pay as damages arising out of "property damage"to: A. Personal property in the care,custody or control of the insured; and B. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the"property damage"arises out of those operations. The most we will pay under A.and B.above in any one"occurrence"or for all damages during any one policy period is a sublimit of$100,000. These limits are included in and not in addition to the Limits of Insurance shown in the Declarations of the Commercial General Liability Policy. Our right and duty to defend the insured against any"suit"for damages under A.and B.above ends when we have used up the applicable sublimit of liability in the payment of judgments or settlements under it. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 Insured Copy CONSTRUCTION PER PROJECT AGGREGATE A. For all sums which the Insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I—COVERAGES COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I—COVERAGES - COVERAGE C—MEDICAL PAYMENTS,which can be attributed only to ongoing operations at a single construction project: 1.A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to a maximum of$5,000,000. 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 any given 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, Damage To Premises Rented To You 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—COVERAGES COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I—COVERAGES - COVERAGE C—MEDICAL PAYMENTS,which cannot be attributed only to ongoing operations at a single construction project: 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 as stipulated. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 Xnsured Copy CONTRACTUAL LIABILITY AMENDMENT-(PERSONAL AND ADVERTISING INJURY) If it is required in a written contract,written agreement or written permit with the Named Insured that any contractual liability exclusion for"personal and advertising injury"be removed from the policy,then Paragraph 2. Exclusions e. Contractual Liability of SECTION I—COVERAGES-COVERAGE B- PERSONAL AND ADVERTISING INJURY LIABILITY is deleted in its entirety and replaced with the following: e.Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement arising out of an "advertisement." This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. BLANKET ADDITIONAL INSUREDS-AS REQUIRED BY CONTRACT Subject to the Primary and Non-Contributory provision set forth in this endorsement,SECTION II-WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed in a written contract,written agreement or written permit to add as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury"or"property damage"or,to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury"caused, in whole or in part,by: A. Your ongoing operations, "your product,"or premises owned or used by you. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to"bodily injury", "property damage"or,to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural,engineering or surveying services by or for you, 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. This exclusion applies even If the claims against any insured allege negligence or other wrong-doing in the supervision, hiring, employment,training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury"or"property damage",or,to the extent applicable under the Coverage Part to which this endorsement applies, the offense which caused the"personal and advertising injury,"involved the rendering of, or failure to render, any professional architectural,engineering or surveying services. B. Your maintenance, operation or use of equipment, other than aircraft,"auto"or watercraft, rented or leased to you by such person or organization.A person or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such rented or leased equipment ends. With respect to the insurance afforded to these additional insureds,this insurance does not apply to any"occurrence"which takes place after the rental agreement or equipment lease expires. C. Your lease of premises from any person or organization,but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any"occurrence"which takes place after you cease to be a tenant of that premises. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 Insured Copy D. Your ownership, maintenance or use of your premises but only with respect to the liability of any person or organization as mortgagee, assignee or receiver. This insurance does not apply to any"occurrence"which takes place after the mortgage is satisfied, or the assignment or receivership ends. E. Your operations performed by you or on your behalf for any state or governmental agency or subdivision or political subdivision, but only with respect to that state or governmental agency or subdivision or political subdivision for which a permit or authorization has been issued, F. Your completed operations arising out of"your work."Such person or organization is an additional insured only with respect to their liability arising out of"your work"performed under that contract, agreement,or permit and included in the"products-completed operations hazard"when that contract,agreement,or permit requires the additional insured be added with respect to liability arising out of"your work"performed under that contract, agreement, or permit and included in the"products-completed operations hazard". With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury"caused by or arising out of work or operations performed by any "insured"or any contractor(s)or subcontractor(s)working directly or indirectly on behalf of any"insured"in connection with the new residential construction of the following: 1. Condominium or cooperative unit; 2.Town house; or 3. Single family house. New residential construction includes the conversion of an existing structure or structures to condominium or cooperative building(s)or complex(es),but does not include remodeling, repair or maintenance operations performed on any individual condominium,cooperative unit, town house,single family house or any other residential unit after it has been certified for occupancy or put to its Intended use. The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured,or the written permit issued,prior to the"bodily injury"or "property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury." DAMAGE TO PREMISES RENTED TO YOU The Limit of Insurance for Damage To Premises Rented To You referenced in Paragraph 6 of SECTION III is increased to$1,000,000. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 Insured Copy PRIMARY AND NON-CONTRIBUTORY PROVISION The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: With respect to any person or organization included as an additional insured under this policy, this insurance shall be excess over any other insurance that person or organization has and such other insurance shall be primary unless: A. The additional insured is a Named Insured under such other insurance; B. You have agreed in a written contract,written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis; and C. The written contract or written agreement has been signed by the Named Insured,or written permit issued,prior to the"bodily injury"or"property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury." LIBERALIZATION The following condition is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our company rules, your policy will automatically provide the additional coverage as of the day the revision is effective. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY The following Is added to Paragraph 8.Transfer of Rights Of Recovery Against Others To Us under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury"or"property damage"arising out of your ongoing operations or"your work" done under a written contract or written agreement and included in the"products-completed operations hazard,"if: A. You have agreed to waive any right of recovery against that person or organization in a written contract or written agreement prior to loss; B. Such person or organization is an additional insured on your policy; and C. You have assumed the liability of that person or organization in that same contract, and it is an"insured contract". The section above only applies to that person or organization identified above,and only if the"bodily injury" or"property damage"occurs subsequent to the execution of the written contract or written agreement. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 Insured Copy CONTRACTUAL LIABILITY (RAILROADS) The following is added to Paragraph 9. "Insured Contract"of SECTION V—DEFINITIONS: Paragraph c.is deleted in its entirety and replaced with the following: c.Any easement or license agreement; Paragraph f. (1)is deleted in its entirety. WAIVER OF GOVERNMENTAL IMMUNITY We will waive, both in the adjustment of claims and in the defense of"suits"against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. All other terms and conditions of this policy remain unchanged. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 8 Insured Copy 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 11-03-22 Policy No.WC 108440 00 Endorsement No. insured HB Wood Products, Inc. (a 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 0 1999. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or"loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 0 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2, The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with Its permission.