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HomeMy WebLinkAboutSiteone Landscape Supply - 2023-02-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SITEONE LANDSCAPE SUPPLY FOR INSTALLATION OF IRRIGATION BOOSTER PUMP AT CIVIC CENTER 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 SiteOne Landscape Supply, hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the installation irrigation booster pumps. 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. Scone of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Erik Anderson,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. 23-12319/300112 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 Eleven Thousand Dollars ($11,000.00) during the term of this Agreement. b. Payment by City shall be made within thirty(30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence/1 j4,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. 23-12319/300112 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, 23-12319/300112 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. 23-12319/300112 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 k4 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. 23-12319/300112 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 SiteOne Landscape Supply Attn: Director of Public Works Attn: Erik Anderson 2000 Main Street 4280 E. Lowell Street Huntington Beach, CA 92648 Ontario, CA 91761 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. 23-12319/300112 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; 23-12319/300112 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. 23-12319/300112 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. 23-12319/300112 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 SITEONE LANDSCAPE SUPPLY municipal corporation of the State of California By , %%' Mayor eith McGinty Print name �� ITS: (circle one)effairmanftesicienV (*2040L/Vice Prestdent O/LECTaR--- City Clerk AND ABy: INITIA ,D AND APPROVE►, Print name Rases/ s ,tia10 ITS: (circle one) S R a/D = i°`�iY'k— Director of Publi_ APPROVED 0 FORM: City Attorney i* ' VIE , AND A'PRO /ED: Ci Manager 23-12319/300112 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) • Install irrigation booster pump at Civic Center. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Install irrigation booster pump at Civic Center. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-12319/300112 11 EXHIBIT B Quotation dSiteOne* Bill To: LANDSCAPE SUPPLY City Of Huntington Stronger(AWN,' Beach(#260091) Green Tech Reg 010#345 PO Box 784 4280 E Lovell Sl Attn:Accounts Payable Ontario,CA 91761-1529 Huntington Beach,CA 92648- W:(800)427-0779 0784 W:(714)536-5221 Ship To: City Of Huntington Created Quote# Due Date Expected Award Date Expiration Date Beach(#260091) 01/03/2023 6030419 02/03/2023 02/03/2023 02/03/2023 PO Box 784 Attn:Accounts Payable Huntington Beach,CA 92648- 0784 W:(714)536-5221 Job Job Start Printed Job Name Description Date 01/03/2023 Irrigation Booster Pump CoHB Civic Center Erik Anderson 02/03/2023 20:15:12 Install I I# 'Rant/ ItemDesc Qty UnitPtice, �ctettded . . _ Price 1 GTINSTALL-JV GT Install-Jon Vinton 1 4,600.000 4,600.00 2 GTINSTALL-CE GT Install-Carlos Estrada 1 4,600.000 4,600.00 3 ... 4 GTMISCPARTS GT Niscelianeous Parts 1 1,000.000 1,000.00 Total Price: $ 10,200,00 SiteOne Landscape SupplyIs not responsible for the accuracyof the Items contained In this quotation.Please retew carefully.Please add appropriate sales tax Prices on this quote are good for 30 days after the entered bid dab. Local tax maydiffer based on locations and local codes. CERTIFIED COPY OF RESOLUTION SiteOne Landscape Supply,LLC I, Briley Brisendine, Secretary of SiteOne Landscape Supply, LLC, a limited liability company organized and existing under the laws of the State of Delaware (the "Company"), do hereby certify that: 1. The Board of Managers of SiteOne Landscape Supply, LLC adopted the following resolutions effective November 29, 2022 via Unanimous Written Consent and such action has not been rescinded or further amended and remains in full force and effect on the date hereof: RESOLVED, that effective November 29, 2022, Keith McGinty, John T. Guthrie, Monique Potts and Rosalin Santiago (collectively, the "Signors")are hereby authorized individually to sign and deliver any and all instruments required by any governmental agency within the United States for the purpose of binding the Company to contracts for the sale of its products; FURTHER RESOLVED, that the authority granted to the Signors remains subject to the limits on rebates provided to customers as provided in the Company's Delegation of Authority Policy; FURTHER RESOLVED,that any governmental agency may rely upon the signature of any one Signor in connection with said bids and/or the sale of the Company's products; and FURTHER RESOLVED, that the acts of persons authorized by the foregoing resolutions that would have been authorized by said resolutions except that such acts were taken prior to the adoption of such resolutions are hereby severally ratified, confirmed, approved, and adopted as acts in the name and on behalf of the Company. Witness my hand and the seal of said Company this 29th day of November, 2022 Briley Brisendine, Secretary STATE OF GEORGIA COUNTY OF FULTON ) SS: U.S.A. I,Rebecca L. Ramstrom, do hereby certify that Briley Brisendine, personally known to me to be Secretary of SiteOne Landscape Supply, LLC, a Delaware limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument as Secretary of said company as his free and voluntary act and as the free and voluntary act of said corporation for the uses and purposed therein set forth,given under my hand and seal this 29th day of November, 2022. aiy Public Iit op( t 0.0 rt- Su kity INSURANCE AND INDEMNIFICATION WAIVER Hue ;Beach. MODIFICATION REQUEST 1. Requested: Risk Management 2. Date: February 1, 2023 3. Name of contractor/permittee: SiteOne Landscape Supply, Inc. 4. Description of work to be performed: Installation of one irrigation booster pump at the Civic Center 5. Value and length of contract: $10,200/ 3 Days 6. Waiver/modification request: $350,000 SIR for General Liability 7. Reason for request and why it should be granted: General Liability maximum Deductible amount is $5,000 and they have a SIR of $350,000. They have provided a Financial Statement to show they are in good standing. 8. Identify the risks to the City in approving ' iver/modification:Low • Department HI Si nature ate. APPROVALS Approvals must be obtained In the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk anagement �/� Approved El Denied `6 --' Sig ature Date 2. CCityAttorney's Office s ,` E("Approved ❑ Denied - Signature Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Waiver Form-Vlanate 2/1/2023 11:02:00 AM / / ' , CERTIFICATE OF LIABILITY INSURANCE DATE IMMlOD/TYYT) • 01/19/2023 , 3 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS ,:S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES JERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED / .fiVE OR PRODUCER,AND THE CERTIFICATE HOLDER. / I: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. / ,GATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on .tificate does not confer rights to the certificate holder In lieu of such endorsement(s). .ER CON TACT MARSH USA,INC, NAME: TWO ALLIANCE CENTER PHONE FAX 3560 LENOX ROAD,SUITE 2400 E-MAILNo.Ext): (A/C,Ho1: -M ATLANTA,GA 30328 ADDRESS: AIM:Mlchelle.W.Robles@marsh,cons INSURERS)AFFORDING COVERAGE NAIC a CN 117936603--GAW-22-23 Bid INSURER A:ACE American Insurance Company 22667 INSURED SileOne Landscape Supply,Inc. INSURER B:Indemnity Ins Co Of North America 43575 &its subsidiaries INSURER c:ACE Fire Underwriters Insurance Company 20702 300 Colonial Center Parkway,Suite 600 Roswell,GA 30076 INSURER O; INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-005529034-02 REVISION NUMBER: 15 THIS IS TO CERTIFY THAT THE POLICIES.OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, iNSR ADDLSUBR LIAR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDQY/YEyyy) IMMIOD/YYYJ) LIMITS X COMMERCIAL GENERAL LIABILITY XSL G47301294 12/23/2022 12/23/2023 EACH OCCURRENCE $ 2,000,000 DAGTED CLAIMS-MADE I X OCCUR PREM SETOSERENoccurrence) $ 1,000,000 X SIR;$350,000 MED EXP(Any one person) $ N/A PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X MI: I X I LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY ISAH10693123 12/23/2022 f2123f1023 COMBINED SINGLE LIMIT $ 3000000 X ANY AUTO (Ea accident) nODILY INJURY(Per person) $ OWNED 'SCHEDULED AUTOS ONLY AUTOS_ BODILY INJURY(Per accident) $ HIRED NON OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ X SIR:8750,000 S UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED 1 RETENTION$ $ B WORKERS COMPENSATION WLR C50680332(AOS) 12/23/2022 12/23/2023 PERTUTE ER CrH- ' AND EMPLOYERS LI ITY ABIL X STA B ANYPROPRIETOR/PARTNER/EXECUTIVE Yl N SCF C5066692A(WI) 12/23/2022 12/23/2023 OFFICERAIEMBEREXCLUDED? I N I N!A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ 1,000,000 I(Yyes descobe under I) SLtRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) RE:Customer Account#716117 Branch 11317 Huntington Beach,CA City of Huntington Beach,its officers,elected or appointed officials,employees,agent and volunteers Is/are included as Additional Insured as required by written contract subject to the policy terms and conditions with respect to General Liability,This Insurance Is primary and non-contributory over any existing Insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Reach,CA 92848 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I Wea,,z44 24.577.0 7,ec, �{ ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD • , Waiver Procedure To request a waiver,indicate here®and provide a brief description( t--2 sentences)of the proposed work/project,its dollar value(if not a specific dollar amount,use an average,annual estimate or non-profit)and projected timeframe(per job or as-needed basis). For substantial dollar deductible/SIR amounts,a financial statement is required(Balance Sheet, Budget Reports,Dun&Bradstreet Report,etc.). Waiver Requested: Justin Smith Encroachment Permitg Private Property Work PermitO Consultant Services❑ Other: Proposed Work: installation of one irrigation booster pump at Civic Center. Dollar Value: $10,200.00 Projected Titnefi•aine: 3 Days 1 i % I ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION .red Insured .iiteOne Landscape Supply, Inc, Endorsement Number 44 Policy Symbol Policy Number I Policy Period XSL G47301294 12/23/2022 to 12/23/2023 Effective Date of Endorsement Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the Information Is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations City of Huntington Beach,its officers, elected or appointed All locations where you are performing ongoing officials,employees,agents and volunteers 2000 Main operations for such additional insured pursuant to Street, Huntington Beach, CA 92648 any such written contract information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section Ii— Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tions) shown In the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locations) designated above. However; 1. The insurance afforded to such additional Insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the Insurance afforded to these additional insureds,the following additional exclusions apply; This insurance does not apply to"bodily Injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or XS-21168a(04/13) Copyright,insurance Services Office,Inc., 2012 Page 1 of 2 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following Is added to Section III — Limits Of Insurance And Retained Limit: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured Is the amount of Insurance: 9. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Authorized Representative XS-21168a(04/13) Copyright,Insurance Services Office,Inc., 2012 Page 2 of 2 • ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS—COMPLETED OPERATIONS Named Insured Endorsement Number SiteOne Landscape Supply, Inc. 43 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G47301294 12/23/2022 to 12/23/2023 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the Information Is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of Huntington Beach, its officers,elected or All locations where you perform work for such additional appointed officials, employees,agents and volunteers insured pursuant to any such written contract. 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 Include as an additional insured the person(s) or organiza- tions)shown In the Schedule, but only with respect to liability for"bodily injury"or"property damage"caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorse- ment performed for that additional insured and included in the"products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance And Retained Limit; If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. Authorized Representative XS-21164a(04/13) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number SiteOne Landscape Supply, Inc. 61 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G47301294 12/23/2022 to 12/23/2023 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Schedule Organization Additional Insured Endorsement City of Huntington Beach,its officers,elected or appointed officials, employees, agents and volunteers 2000 Main Street, Huntington Beach,CA 92648 (If no information Is filled In,the schedule shall read:"All persons or entitles added as additional Insureds through an endorsement with the term"Additional Insured"In the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy,the following Is added to Section IV.4: if other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss and Is primary(subject to satisfaction of the"retained limit"), meaning that we will not seek contribution from the other insurance available to the Additional Insured. Your"retained limit"still applies to such loss, and we will only pay the Additional Insured for the"ultimate net loss"In excess of the"retained limit"shown in the Declarations of this policy. Authorized Representative XS-20288a(05/14) ©Chubb,2016.All rights reserved. Page 1 of 1