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HomeMy WebLinkAboutNobest, Inc. - 2023-04-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR CONCRETE AND MASONRY SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called"City," and Nobest, Inc. hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of concrete and masonry services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Larry Nodland, 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. 23-12537/304451 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 Million Five Hundred Thousand Dollars ($4,500,000.00) 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'-i l /2.3, or as soon as practicable after the execution of this Agreement by City (the"Co mencement 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. 23-12537/304451 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, 23-12537/304451 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. 23-12537/304451 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. 23-12537/304451 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 Nobest, Inc. Attn: Director of Public Works Attn: Larry Nodland 2000 Main Street 7592 Acacia Avenue Huntington Beach, CA 92648 Garden Grove, CA 92841 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. 23-12537/304451 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; 23-12537/304451 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. 23-12537/304451 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. 23-12537/304451 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 NOBEST, INC. municipal corporation of the State of California c , C.--- --. t 1'7 ti ..eD__. By: _____ ------>7 Mayor P int name 9-16$444.44) ITS: (circle one) Chairm. ' 'resident/ Vice President City Clerk 3/.24.2,3 AND By; i- f r�—_ INITIA4frrr7i D AND APPR♦ ED: f P ITS: (circle ne)Secretary/ hief Financial / Officer/Asst. Secretary-I reasurer ; i� `.illk Director o 'ubliEirks APPROVED AS TO FORM: City Attorney "1J / R V ND APPROVED: City Manage Ir 23-12537/304451 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide block wall repair, concrete flat work, demolition, paving stone install/repair, monument install/repair, and bollard install/repair. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-12537/304451 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. CONCRETE AND MASONRY RFQ BID SHEET MONUMENT INSTALLATION AND REPAIR Contractor Name: /(Jj4 Date: 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 Materials markup $or CONCRETE AND MASONRY RFQ BID SHEET PAVING STONE INSTALLATION AND REPAIR Contractor Name: Nc)I'Ot% ro,t2rigor Date: 2.-/2//2,L,5 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 $ S79. St. µ.�,► ilk_ p % � , F Materials marku $or CONCRETE AND MASONRY RFQ BID SHEET CURB &GUTTER INSTALLATION AND REPAIR Contractor Name: itiobf44- iKcoriOOi e Date: 2/2//26 t1 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 box below. ITEM NORMAL BUSINESS HOURS Cost per L.F.(estimate based on $ ZGa 5.6 l�'r LF 1 - 100 L.F.) . . AWRGI® E CERTIFICATE OF LIABILITY INSURANCE DAIM YY) 6rzo23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER °iaONTACT Catherine Montoya Milestone Risk Management&Insurance Services PRONE(AIC o,Extl: (949)852-0909 Fax ovc,No); (949)852-1131 License No.OB72766 AUSiAlt. S: cmontoya@milestonepromise.com 8 Corporate Park,Suite 130 INSURER(S)AFFORDING COVERAGE NAIL 0 Irvine CA 92606 INSURER A: Hartford Fire Ins Co 19682 INSURED INSURER B; Trumbull Insurance Company 27120 Nobest,Inc. INSURER C; Hartford Casualty Insurance Co 29424 P.O.Box 874 INSURER D: Sentinel Insurance Co.,Ltd. 11000 INSURER E: Westminster CA 92684 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 Master 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 V+MICH 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X�OCCUR DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) s Excluded A 72UEACI3428 10/01/2022 10/01/2023 PERSONAL&AM/INJURY $ 1,000,000 GENLAGGR£GATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY X ,Tel I XI LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 72UEACI3429 10/01/2022 10/01/2023 BODILY INJURY(per aceldem) S AUTOS ONLY _„ AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY (Per accident) S X UMBRELLALIAe -x OCCUR EACH OCCURRENCE s 4,000,000 C EXCESS LIAB CLAIMS-MADE 72HHACI3459 10/01/2022 10/01/2023 AGGREGATE $ 4,000,000 DED RETENTION$ $ WORKERS COMPENSATION X PERTUTE 0TH AND EMPLOYERS'LIABILITYI _--- ER D ANY PROPRIETOR/PARTNER/EXECUTIVE Y—1 NIA 72WEAA-T6WEH 10/01/2022 10/01/2023 E.L.EACH ACCIDENT e.$N 1,000,000 t OFFICER/MEMBER EXCLUDED? I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Rented/Leased Equipment 72MSZN3454 10/01/2022 10/01/2023 Limit $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Concrete and masonry services CCttnn City of Huntington Beach,its officers,elected or appointed officials,employees,agent and volunteers are included as an Aditiolnat m ,Me;dui eFICIVI11/j contract with respects to General Liability and Auto Liability.Primary and Non-Contributory coverage applies when required by contract per-the-ails d endorsement forms.30 Days Notice of Cancellation except 10 days for non-payment of premium. F1 ; MICR E .GATES CITY ATTORNEY�.,,;,I,NUNYINOTON rt �, ,CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE I Huntington Beach CA 92648 (-,7-.e:�1_e-.-4r_-G/c 1. P-' t9--14-t?_)e-lr;'2.._--' ©1988-2016 ACORD CORPORATION. All rights/ reserved. ACORD 26(2018/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 72UEACI3428 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s) Or Location(s) Or Organization(s): Of Covered Operations: City of Huntington Beach, its officers, elected or Concrete and Masonry Services appointed officials,employees, agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. With respect to those person(s) or organization(s) (3) In connection with "your work" for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide insurance such as is afforded under this and included within the "products- policy to them, Subparagraph f., Any Other completed operations hazard",but only if: Party, under the Additional insureds When (a) The written contract or written Required By Written Contract, Written agreement requires you to provide Agreement Or Permit Paragraph of Section II — such coverage to such additional Who Is An insured is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule;and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "property damage"included within the "bodily injury", "property damage"or"personal "products-completed operations and advertising injury" caused, in whole or in hazard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown In the Schedule applies: (1) In the performance of your ongoing (1) Only if the "bodily injury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or location(s) designated in advertising injury"offense is committed: the Schedule; (a) During the policy period; and (2) In connection with your premises owned (b) Subsequent to the execution of such by or rented to you and shown in the Schedule;or written contract or written agreement; and Form HS 24 80 07 13 Page 1 of 2 © 2013,The Hartford (Includes copyrighted material of Insurance Services Office, Inc.,with its permission.) (c) Prior to the expiration of the period of When You Add Others As An Additional time that the written contract or written Insured To This Insurance agreement requires such insurance (a) Primary Insurance When Required By be provided to the additional insured, Contract (2) Only to the extent permitted by law;and This insurance is primary if you have agreed (3) Will not be broader than that which you in a written contract or written agreement that are required by the written contract or this insurance be primary. If other insurance written agreement to provide for such is also primary, we will share with all that additional insured. other insurance by the method described in With respect to the insurance afforded to the Paragraph (c)below. This insurance does not person(s)or organization(s)that are additional apply to other insurance to which the insureds under this endorsement, the additional Insured in the Schedule has been following additional exclusion applies: added as an additional insured. This insurance does not apply to "bodily (b) Primary And Non-Contributory To Other injury", "property damage" or "personal and Insurance When Required By Contract advertising injury" arising out of the rendering This insurance is primary to and will not seek of, or the failure to render, any professional contribution from any other insurance architectural, engineering or surveying available to an additional insured under your services, including: policy provided that: (1) The preparing, approving, or failing to (I) The additional Insured in the Schedule is prepare or approve maps, shop drawings, a Named Insured under such other opinions, reports, surveys, field orders, Insurance;and change orders, designs or specifications; (ii) You have agreed in a written contract or or written agreement that this insurance (2) Supervisory, inspection, architectural or would be primary and would not seek engineering activities. contribution from any other insurance The limits of insurance that apply to the additional available to the additional insured in the insured shown in the Schedule are described in the Schedule. Limits Of insurance section. (c) Method Of Sharing How this insurance applies when other insurance is If all of the other insurance permits available to the additional insured is described in the contribution by equal shares, we will follow Other Insurance Condition in Section IV — this method also. Under this approach, each Commercial General Liability Conditions,except as insurer contributes equal amounts until it has otherwise amended below. paid its applicable limit of insurance or none of B. With respect to insurance provided to the the loss remains,whichever comes first. person(s) or organization(s) that are additional If any of the other insurance does not permit insureds under this endorsement, the When You contribution by equal shares, we •will Add Others As An Additional Insured To This contribute by limits. Under this method, each Insurance subparagraph, under the Other insurer's share is based on the ratio of its Insurance Condition of Section IV—Commercial applicable limit of insurance to the total General Liability Conditions is replaced with the applicable limits of insurance of all Insurers. following: All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 80 07 13 72UEAC13429 COMMERCIAL AUTOMOBILE HA 99 16 12 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the 'insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED e. Employees as insureds Paragraph .1. - WHO IS AN INSURED - of (1).Any "employee" of yours while using a Section II -Liability Coverage Is amended to covered "auto" you don't own, hire or add the following: borrow in your business or your d. Subsidiaries and Newly Acquired or personal affairs. Formed Organizations f. Lessors as Insureds The Named Insured shown in the (1).The lessor of a covered "auto"while the Declarations Is amended to include: "auto" is leased to you under a written (1) Any legal business entity other than a agreement if: partnership or joint venture,formed as a (a) The agreement requires you to subsidiary in which you have an provide direct primary insurance for ownership interest of more than 50%on the lessor and the effective date of the Coverage Form. (b) The "auto" Is leased without a However, the Named Insured does not driver. include any subsidiary that Is an "insured" under any other automobile Such a leased "auto" will be considered a policy or would be an "insured" under covered "auto" you own and not a covered such a policy but for its termination or "auto"you hire. the exhaustion of its Limit of Insurance. g. Additional insured if Required by Contract (2) Any organization that is acquired or (1) When you have agreed, In a written formed by you and over which you contract or written agreement, that a maintain majority ownership. However, person or organization be added as an the Named Insured does not include any additional insured on your business auto newly formed or acquired organization: policy,such person or organization is an (a) That is a partnership or joint "Insured", but only to the extent such person or organization Is liable for venture, "bodily injury" or "property damage" (b) That is an"insured" under any other caused by the conduct of an "insured" policy, under paragraphs a. or b. of Who Is An (c) That has exhausted its Limit of Insured with regard to the ownership, Insurance under any other policy,or maintenance or use of a covered"auto." (d) 180 days or more after its The insurance afforded to any such acquisition or formation by you, additional insured applies only if the unless you have given us notice of "bodily injury" or "property damage" the acquisition or formation. occurs: Coverage does not apply to "bodily (a) During the policy period,and injury"or"property damage"that results (b) Subsequent to the execution of such from an "accident" that occurred before written contract,and you formed or acquired the organization. Form HA 99 16 12 21 Pagel of 5 ©2021,The Hartford (Includes copyrighted material of Insurance Services Office, Inc.with Its permission.) (c) Prior to the expiration of the period This insurance is primary if you have of time that the written contract agreed In a written contract or written requires such insurance be provided agreement that this insurance be to the additional insured, primary. If other insurance is also (2) How Limits Apply primary, we will share with all that other If you have agreed in a written contract insurance by the method described in Other Insurance 5.d. or written agreement that another person or organization be added as an (2) Primary And Non-Contributory To Other additional Insured on your policy, the Insurance When Required By Contract most we will pay on behalf of such If you have agreed in a written contract additional insured Is the lesser of: or written agreement that this insurance (a) The limits of insurance specified in is primary and non-contributory with the the written contract or written additional insured's own insurance, this agreement;or insurance is primary and we will not (b) The Limits of insurance shown in seek contribution from that other insurance. the Declarations. Such amount shall be a part of and not Paragraphs(1)and(2)do not apply to other i insurance to which the additional insured n addition to Limits of Insurance shown has been added as an additional insured. in the Declarations and described In this Section. When this insurance is excess, we will have no duty to defend the insured against any (3) Additional Insureds Other Insurance "suit" if any other insurer has a duty to If we cover a claim or "suit" under this defend the insured against that "suit". If no Coverage Part that may also be covered other insurer defends, we will undertake to by other insurance available to an do so, but we will be entitled to the insured's additional insured, such additional rights against all those other insurers. Insured must submit such claim or"suit" When this insurance is excess over other to the other insurer for defense and insurance, we will pay only our share of the indemnity. amount of the loss, if any, that exceeds the However, this provision does not apply sum of: to the extent that you have agreed in a (1) The total amount that all such other written contract or written agreement Insurance would pay for the loss in the that this insurance is primary and non- absence of this insurance; and contributory with the additional insured's own insurance. (2) The total of all deductible and self- (4) Duties in The Event Of Accident, Claim, insured amounts under all that other Insurance. Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by Ifwritten agreement al that anotherac the method described in SECTION IV- orperson or organization be added as an Business Auto Conditions, B. General additional insured on your policy, the Conditions,Other Insurance 5.d. additional insured shall be required to 3. AUTOS RENTED BY EMPLOYEES comply with the provisions In LOSS Any "auto" hired or rented by your "employee" CONDITIONS 2, - DUTIES IN THE on your behalf and at your direction will be EVENT OF ACCIDENT, CLAiM , SUIT considered an"auto"you hire. OR LOSS — OF SECTION IV — The SECTION IV-Business Auto Conditions, B. BUSINESS AUTO CONDITIONS, in the General Conditions, 5. OTHER INSURANCE same manner as the Named Insured. Condition is amended by adding the following: 2. Primary and Non-Contributory If e. if an "employee's" personal insurance also Required by Contract applies on an excess basis to a covered Only with respect to insurance provided to "auto"hired or rented by your"employee"on an additional insured in A.1.g. - Additional your behalf and at your direction, this Insured If Required by Contract, the insurance will be primary to the following provisions apply: "employee's"personal insurance, (1) Primary Insurance When Required By Contract Page 2 of 6 Form HA 99 16 12 21 • 4. AMENDED FELLOW EMPLOYEE EXCLUSION obligation for any difference between the actual EXCLUSION 5. - FELLOW EMPLOYEE - of cash value of the"auto" at the time of the"loss" SECTION II - LIABILITY COVERAGE does not and the"outstanding balance"of the loan/lease. apply If you have workers' compensation "Outstanding balance" means the amount you insurance in-force covering all of your owe on the loan/lease at the time of "loss" less "employees". any amounts representing taxes; overdue Coverage is excess over any other collectible payments; penalties, interest or charges Insurance. resulting from overdue payments; additional mileage charges; excess wear and tear charges; 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE lease termination fees; security deposits not If hired "autos" are covered "autos" for Liability returned by the lessor; costs for extended Coverage and if Comprehensive, Specified warranties,credit life Insurance, health, accident Causes of Loss, or Collision coverages are or disability Insurance purchased with the loan provided under this Coverage Form for any or lease; and carry-over balances from previous "auto" you own, then the Physical Damage loans or leases. Coverages provided are extended to"autos"you 8. AIRBAG COVERAGE hire or borrow,subject to the following limit. The most we will payfor "loss" to anyhired Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE "auto"is: COVERAGE,the following Is added: (1) $100,000; The exclusion relating to mechanical breakdown (2) The actual cash value of the damaged or does not apply to the accidental discharge of an stolen property at the time of the"loss";or airbag. (3) The cost of repairing or replacing the 9. ELECTRONIC EQUIPMENT - BROADENED damaged or stolen property, COVERAGE whichever is smallest, minus a deductible. The a. The exceptions to Paragraphs B.4 - deductible will be equal to the largest deductible EXCLUSIONS -of SECTION ill - PHYSICAL applicable to any owned "auto" for that DAMAGE COVERAGE are replaced by the coverage. No deductible applies to "loss" following: caused by fire or lightning. Hired Auto Physical Exclusions 4.c. and 4.d. do not apply to Damage coverage is excess over any other equipment designed to be operated solely by collectible insurance. Subject to the above limit, use of the power from the "auto's" electrical deductible and excess provisions, we will system that,at the time of"loss", is: provide coverage equal to the broadest coverage applicable to any covered "auto" you (1) Permanently Installed in or upon the own. covered"auto"; We will also cover loss of use of the hired"auto" (2) Removable from a housing unit which is If it results from an "accident", you are legally permanently installed in or upon the liable and the lessor incurs an actual financial covered"auto"; loss, subject to a maximum of $1000 per (3) An integral part of the same unit housing "accident". any electronic equipment described in This extension of coverage does not apply to Paragraphs(1)and (2)above; or any "auto"you hire or borrow from any of your (4) Necessary for the normal operation of the "employees", partners (if you are a partnership), covered "auto" or the monitoring of the members(if you are a limited liability company), covered"auto's"operating system. or members of their households. b. Section Ill, Physical Damage Coverage, 6. PHYSICAL DAMAGE - ADDITIONAL Limit of Insurance, Paragraph C.2. is TEMPORARY TRANSPORTATION EXPENSE amended to add the following: COVERAGE $1,500 Is the most we will pay for "loss" in Paragraph A.4.a. of SECTION III - PHYSICAL any one "accident" to all electronic DAMAGE COVERAGE is amended to provide a equipment (other than equipment designed limit of $50 per day and a maximum limit of solely for the reproduction of sound, and $1,000, accessories used with such equipment)that 7. LOAN/LEASE GAP COVERAGE reproduces, receives or transmits audio, Under SECTION III - PHYSICAL DAMAGE visual or data signals which, at the time of COVERAGE, in the event of a total "loss" to a "loss",Is: covered"auto", we will pay your additional legal Form HA 991B 12 21 Page 3 of 6 • (1) Permanently installed in or upon the (2) A partner,if you are a partnership; covered "auto" in a housing, opening or (3) A member, If you are a limited liability other location that Is not normally used company;or by the "auto" manufacturer for the installation of such equipment; (4) An executive officer or Insurance manager,if you are a corporation. (2) Removable from a permanently installed 14. UNINTENTIONAL FAILURE TO DISCLOSE housing unit as described in Paragraph HAZARDS 2.a. above or is an integral part of that equipment;or if you unintentionally fail to disclose any hazards (3)An Integral part of such equipment. existing at the Inception date of your policy, we will not deny coverage under this Coverage c. For each covered "auto", should loss be Form because of such failure. limited to electronic equipment only, our 15. HIRED AUTO-COVERAGE TERRITORY obligation to pay for,repair, return or replace damaged or stolen electronic equipment will SECTION IV, BUSINESS AUTO CONDITIONS, be reduced by the applicable deductible PARAGRAPH B. GENERAL CONDITIONS, 7. - shown in the Declarations, or $250, POLICY PERIOD, COVERAGE TERRITORY - whlchever deductible Is less. Is added to include the following: 10. EXTRA EXPENSE - BROADENED (6) For short-term hired "autos", the coverage COVERAGE territory with respect to Liability Coverage is Under Paragraph A. -COVERAGE-of SECTION anywhere in the world provided that if the Ili - PHYSICAL DAMAGE COVERAGE, we will "insured's"responsibility to pay damages for pay for the expense of returning a stolen covered "bodily Injury" or "property damage" is "auto"to you. determined in a"suit,"the"suit"Is brought in 11. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories and possessions of the United States of Under Paragraph D. - DEDUCTIBLE - of America, Puerto Rico or Canada or in a SECTION III-PHYSICAL DAMAGE COVERAGE, settlement we agree to. the following Is added: 16. WAIVER OF SUBROGATION No deductible applies to glass damage if the Paragraph 5, TRANSFER OF RIGHTS OF glass Is repaired rather than replaced. RECOVERY AGAINST OTHERS TO US - of 12. TWO OR MORE DEDUCTIBLES SECTION IV-BUSINESS AUTO CONDITIONS Under Paragraph D. - DEDUCTIBLE - of A. Loss Conditions Is amended by adding the SECTION III-PHYSICAL DAMAGE COVERAGE, following: the following is added: We waive any right of recovery we may have If another Hartford Financial Services Group, against any person or organization with whom Inc.company policy or coverage form that Is not you have a written contract that requires such an automobile policy or coverage form applies to waiver because of payments we make for the same"accident",the following applies: damages under this Coverage Form. (1) If the deductible under this Business Auto 17. RESULTANT MENTAL ANGUISH COVERAGE Coverage Form is the smaller (or smallest) The definition of"bodily injury" in SECTION V- deductible, it will be waived; DEFINITIONS,C.Is replaced by the following: (2) If the deductible under this Business Auto "Bodily injury" means bodily injury, sickness or Coverage Form is not the smaller (or disease sustained by any person, Including smallest) deductible, it will be reduced by mental anguish or death resulting from any of the amount of the smaller (or smallest) these. deductible. 18. EXTENDED CANCELLATION CONDITION 13. AMENDED DUTIES IN THE EVENT OF Paragraph 2. of the COMMON POLICY ACCIDENT,CLAIM,SUIT OR LOSS CONDITIONS - CANCELLATION - applies The requirement in LOSS CONDITIONS 2.a. - except as follows: DUTIES IN THE EVENT OF ACCIDENT, If we cancel for any reason other than CLAIM, SUIT OR LOSS - of SECTION IV - nonpayment of premium, we will mail or deliver BUSINESS AUTO CONDITIONS that you must to the first Named Insured written notice of notify us of an "accident" applies only when the cancellation at least 60 days before the effective "accident"is known to: date of cancellation. (1) You,if you are an individual; Page 4 of 6 Form HA 99 1612 21 19. HYBRID, ELECTRIC, OR NATURAL GAS b. A"hybrid"auto is defined as an auto with an VEHICLE PAYMENT COVERAGE internal combustion engine and one or more in the event of a total loss to a"non-hybrid"auto electric motors; and that uses the internal for which Comprehensive, Specified Causes of combustion engine and one or more electric Loss, or Collision coverages are provided under motors to move the auto, or the internal this Coverage Form, then such Physical combustion engine to charge one or more Damage Coverages are amended as follows: electric motors,which move the auto. a. If the auto is replaced with a"hybrid"auto or 20, VEHICLE WRAP COVERAGE an auto powered solely by electricity or In the event of a total loss to an"auto"for which natural gas, we will pay an additional 10%, Comprehensive, Specified Causes of Loss, or to a maximum of$2,500, of the"non-hybrid" Collision coverages are provided under this auto's actual cash value or replacement Coverage Form, then such Physical Damage cost,whichever is less, Coverages are amended to add the following: b. The auto must be replaced and a copy of a In addition to the actual cash value of the"auto", bill of sale or new lease agreement received we will pay up to$1,000 for vinyl vehicle wraps by us within 60 calendar days of the date of which are displayed on the covered"auto"at the "loss," time of total loss. Regardless of the number of c. Regardless of the number of autos deemed autos deemed a total loss, the most we will pay a total loss, the most we will pay under this under this Vehicle Wrap Coverage provision for Hybrid, Electric, or Natural Gas Vehicle any one "loss" Is $5,000. For purposes of this Payment Coverage provision for any one coverage provision, signs or other graphics "loss"is$10,000, painted or magnetically affixed to the vehicle are For the purposes of the coverage provision, not considered vehicle wraps. a. A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. Form HA 99 16 12 21 Page 6 of 6