The URL can be used to link to this page

Home My WebLink AboutBig Ben Engineering Inc. - 2024-03-22 ' 'LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND BIG BEN ENGINEERING INC. FOR TEMPORARY USE OF CITY PROPERTY This License Agreement is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California hereinafter referred to as "CITY," and Big Ben Engineering, Inc.,hereafter referred to as "LICENSEE." WHEREAS, LICENSEE has applied to CITY for permission to use CITY-owned property, described as follows: APN 142-311-36 Northeast corner of McFadden Ave. and Gothard St., depicted in the map, attached hereto and incorporated herein by reference as Exhibit"A" (the "Property") in the City of Westminster for the purposes of a construction project staging yard; and CITY desires to allow such use as necessary for the purposes stated above in connection with the Edinger Avenue Sewer Project; and The proposed use of the Property is permitted per the City of Westminster's Temporary Use Permit dated,attached hereto and incorporated herein by reference as Exhibit «B» NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. PERMISSION. Permission is hereby given to LICENSEE to enter upon and use the Property for the purpose described above. 2. TERM. The term of this License shall be for a period of Twelve(12)months or 30 days past receipt of the project Notice of Completion, whichever comes first upon execution by the City. 3. RENT. In consideration of this License,the LICENSEE shall pay Five Hundred Dollars ($500.00)per month in rent. Rent shall be paid in advance of the 1St day of each month, and becomes delinquent on the 10th day of each month. Rent shall be paid to the City of Huntington Beach and can be mailed to: P.O. Box 711, Huntington Beach, CA 92648-0711. In addition to Rent, LICENSEE shall pay to the entities entitled thereto all taxes, assessments, insurance premiums,maintenance charges and any other charges, costs and expenses against the Property which may be contemplated under any provision of this License. 23-13900/327307 1 ' 4. INDEMNIFICATION, DEFENSE,HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify, and hold and save harmless City, its officers, elected or appointed officials, employees, agents, and volunteers against any and all liability, claims, damages, losses, expenses, defense costs, judgments, costs, demands, and consequential damage or liability of any kind, however caused, including those resulting from death or injury. This includes death or injury arising directly or indirectly out of'the obligations or operations herein undertaken by LICENSEE, caused in whole or in part by any negligent act, omission, or intentional act of the LICENSEE, any subcontractors/sub LICENSEES, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them are liable, including but not limited to concurrent active or passive negligence or willful misconduct. LICENSEE will conduct all defenses at its sole cost and expense and City shall approve selection of LICENSEE'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 LICENSEE. 5. WORKERS' COMPENSATION INSURANCE. Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against Iiability for workers' compensation. LICENSEE covenants that it will comply with all such laws and provisions prior to the encroachment onto the Property pursuant to this License. As required by the State of California, LICENSEE shall maintain such Workers' Compensation Insurance per Statutory Limits, and Employer's Liability insurance in an amount of not less than One Million Dollars ($1,000,000) per accident for bodily injury or disease, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to the City. 6. GENERAL LIABILITY INSURANCE. In addition to the workers' compensation and employer's liability insurance and LICENSEE's covenant to defend, hold harmless and indemnify CITY, LICENSEE shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Premises. This policy shall indemnify LICENSEE, 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 License Agreement, and shall provide coverage, on ISO form CG 00 01 or equivalent, in not less than the following amount: combined single limit bodily injury and 23-13900/327307 2 4 ' 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, the aggregate limit must be no less than Two Million Dollars($2,000,000) for this Agreement. This policy shall name the CITY,its officers,elected or appointed officials,employees, agents,and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage available to the City,which may be applicable to the Agreement, shall be deemed excess coverage and that LICENSEE'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 without City approval. LICENSEE shall be for causing all Subcontractors/Sub LICENSEES and/or any other entity using the premises to maintain the same types and limits of insurance coverage as that required of LICENSEE by this Agreement. The insurance provided shall be primary insurance. Excess and/or umbrella coverage will not be accepted in lieu of or as a substitution for General Liability coverage. 7. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED. Prior to the encroachment onto the Property pursuant to this License, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEES insurance policies, covering both ongoing and completed operations, naming the CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds shall be provided to the CITY for approval prior to the encroachment onto the 23-13900/327307 3 Property pursuant to this License. If LICENSEE has insurance coverages that exceed or are in addition to the above mentioned coverage, the City is entitled to any and all insurance coverages available to LICENSEE. 8. RELEASE. LICENSEE hereby releases and forever discharges CITY of and from any and all claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE onto the Property. This is a complete and final release and shall be binding upon LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use of the Property. LICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 9. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon the Property or any improvement,equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY. LICENSEE shall make no change in the use of the Property nor shall the design of the Property be changed other than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Property and agrees to indemnify and hold CITY harmless against any such liens including but not limited to the payment of attorneys'fees. 10. MAINTENANCE. LICENSEE agrees to care for and maintain the Property in good and satisfactory condition as acceptable to the CITY. Maintenance shall include daily cleaning of the Property area including but not limited to removal of all weeds, rubbish, food stuffs, paper, bottles, cans, gum, cigarettes, animal litter, dirt and sand. LICENSEE shall keep the Property area reasonably clean and free of debris during its use thereof, and shall restore the Property, as much as reasonably practicable, to its former condition. In the event LICENSEE does not maintain the Property in a satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs Within thirty(30)days of billing. In the event any damage is caused to the Property, as a result of the use authorized hereunder, LICENSEE 23-13900/327307 4 agrees to repair same at its own expense. 11. IMPROVEMENTS. LICENSEE is required to complete the following improvements within five (5) days of the commencement of this Agreement: a. Install crushed aggregate gravel base over the entire Property prior to the storage of vehicles; b. Provide a topographic survey establishing existing elevations; c. Provide chain link fence covering/screening and regular graffiti abatement over the entire length of the existing chain link fence; and d. Provide, as necessary, improvements to maintain and secure the Property and vehicle storage. Any other proposed improvements must be presented in writing and approved by the CITY in writing prior to installation. 12. ACCESS a) Each party shall provide access to the Property to the other party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week or as designated in permit approvals. CITY represents and warrants that it has full rights of ingress and egress to and from the Property, and hereby grants such rights to Licensee to the extent required for authorized operations. LICENSEE'S exercise of such rights shall not cause undue inconvenience to CITY. All LICENSEE'S operations shall comply with all ordinances, regulations, and laws. b) LICENSEE shall, at its sole cost and expense, maintain and repair the Property and LICENSEE'S Facilities including, but not limited to, chain link fence, the removal of all trash, debris and graffiti. If LICENSEE causes any damage to the Property or to access roadways or other nearby facilities, it shall properly repair same as specified by CITY. c) Upon the expiration or termination of this Agreement, LICENSEE shall surrender the Property to CITY in good and clean condition, less ordinary wear and tear, and as approved in writing by CITY. 13. CONTROL OF EQUIPMENT. LICENSEE shall keep any equipment used or brought onto the Property under its absolute and complete control at all times and said equipment shall be used on the Property at the sole risk of LICENSEE. 23-13900/327307 5 14. INDEPENDENT CON TRACTOR. LICENSEE agrees that all work done or undertaken by it on the Property shall be for its sole account and not as an agent, servant or contractor for CITY. 15. HAZARDOUS SUBSTANCE. LICENSEE represents and warrants that its use of the Property herein will not generate any hazardous substance, and it will not store or dispose on the Property nor transport to or over the Property any hazardous substance. LICENSEE further agrees to clean-up and remediate any hazardous substance on the Property, and hold CITY harmless from and indemnify CITY against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of CITY,its employees or agents. "Hazardous substance"shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness,death or disease. 16. TOPOGRAPHIC SURVEY. Contractor shall provide a Topographic Survey to confirm removal of all soils stored on site within Thirty (30) days after Licensee's vacating the Property. 17. TERMINATION AND DEFAULT. a.) In the event of any damage, destruction or condemnation of the Premises, which renders the Premises unusable or inoperable in CITY's and LICENSEE'S judgment, LICENSEE shall have the right, but not the obligation,to terminate the License with respect to the Premises by giving written notice to CITY within thirty (30) days after such damage, destruction or condemnation, if by virtue of such damage, destruction or condemnation, CITY and LICENSEE determine that the Premises are no longer adequate for LICENSEE to continue its operations, or that any repairs to the Premises necessary for LICENSEE to continue its operations have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. 23-13900/327307 6 b.) In the event of condemnation, unless LICENSEE is allowed by the condemning authority to continue its operations on the Premises, the License shall terminate as of the date title to the Property and/or Premises vests in the condemning authority or LICENSEE is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, LICENSEE's entitlement to any award or payments,if any,shall be limited to relocation benefits afforded to LICENSEE pursuant to State or Federal eminent domain / condemnation laws shall be entitled to any and all awards, payments and relocation benefits afforded to them through local, State or Federal eminent domain/condemnation laws shall not state the entire award shall be paid to CITY. c.) This License may be terminated on thirty (30) days prior written notice by CITY upon a default by LICENSEE of any covenant or term, material or otherwise,hereof by the other party,which default is not cured within thirty(30) days of receipt of written notice of the default, provided that the grace period for any monetary default is fifteen(15) days from receipt of notice. d.) CITY may terminate this License in its sole and absolute discretion at any time upon sixty(60) days prior written notice to the LICENSEE. e.) In the event this License is terminated, LICENSEE shall not be entitled to any relocation rights or benefits and expressly waives such benefits and rights under city, state or federal relocation assistance plans. 18. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign, sublease, collocate or otherwise permit any third party to avail itself of any of the privileges granted hereunder,without the express written permission of CITY. 19. NO TITLE INTEREST, No title interest of any kind is hereby given and LICENSEE shall never assert any claim or title to the Property. 20. NOTICES. All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail,postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses shown below: 23-13900/327307 7 CITY: LICENSEE: City of Huntington Beach Big Ben Engineering Inc. Attention: Real Estate Manager 4790 Irvine Blvd. #105-404 2000 Main Street Irvine, CA 92620 Huntington Beach, CA 92648 21. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Property area authorized hereunder, it will not engage in, nor permit its officers, agents or employees to engage in, any discrimination or discriminatory practices against any person based on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. 22. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof,each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees. 23. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. (SIGNATURES ON THE FOLLOWING PAGE) 23-13900/327307 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on March 22, 2024. LICENSEE: CITY: Big Ben Engineering Inc. CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California By: ' City M ager 'Prl r L� r 1 (PURSUANTTORESOLUTION2008-3D) rint Name APPROVED 0 FORM: ITS: (circle one)Chairma esidcnv ice President City Attorney 0 By: Print Name ITS: (circle one Secretary;fief Financial Officer/A; t. Secretary-Treasurer Receive and File 4, 944a4 City Clerk J< Exhibits: A. Assessor's Parcel Map B. City of Westminster TUP 23-13900/327307 9 Exhibit"A" 23-13900/327307 10 THIS MAP WAS PREPARED TOR.ORANGE COUNTY,ASSESSOR'REPT., PURPOSES DAY. POR. SE "1/9. NW 1/9. .SEC. 14.. . T..55. • R. 11W., _ THE ASSESSOR MAKES NO GUARANTEE AS TO - - '` J/ ITS ACCURACY NOR ASSUMES ANY LIABILITY , 142 1 FOR OTHER USES. NOT TO DE REPRODUCED. ALL RIGHTS RESERVED. 26 27 1" = 100' 000PYRIGHT ORANGE COUNTY ASSESSOR 2020 ��// SBEQ)t-30-/23ePoR.I. SEEM -X!S-PM! •. seE OM -lar-Paten ,/l M1 R saeni sa!u-Porc4 R Ss a i1 9t PM - PAR 3 L/' o0 '35 0 ot6 6 SSEerr.30.izsF-23 '� a- AC t.t54 AC ry Q!r snE lae-3o•Jr r-s N 0 O O $0E q3-w-orb-! �AV.. - zoo AC. t • "TRQf 'T sz4.7a• qv 53- a," 59 ttf Gs, O. .0,, r° T 09 25n' STREET � 52 ° " W ,,g ,,, (;) 45 0 q �' a- -N �e ''o- .0.0 Mat.' (. o 49 l4 '�' COLLEGE PAF?K y 22 %e VERMONT 43 '.a'r gt. 3osr l6 STREET 0 Og `r4• )6 co• 19 'S/co.oa•. co✓s' O\0 �g, 13 • s O 49 .50�tsy �' sa•"�\ „�. v NI .cA' 48 1.832.A0 i36 GJ" .V .3 Q i 42 a k 41 �~ o a n4' 3 VO 0 aBP x* 17 s i8:a s 20 :21 ° �• 55 ay n .ase'.. 2 • � ?': - ". 0• 22 �3' P�' G � L .1 do y G - 40so I[) 'a sb STREET 19 j O�'39 ''• az.4e 6rs3. so• . :i9r so' '\ II GeVz1 �ry 3$ O EP /4 45' 1.). 4 b F -n PCJl' ,. \D, 1 O O ® O' l/ d O ^b O A (D Q. 4"O b T'- 96- 95 93 :9 9%co -90cr:+a• 09 as''..' I O 99 2 7 ,6 - .4G h 'a �F '9e9s599 /OO vax• /0/ - -l02� �•/03704 P8B p� v •36 1. aa'. y i. .�d" a�. .I,I y. b�5. tL! 44 O . al 60 a G e 19 ° 16 q 17 .^ 16 `,'ya l5 B1 AO.' I a % 1, t05 fl no O i 6 , o. tt✓✓b 4 S5, 5 r d a v. S ao- b:� ;�95 , o - 60 7: y46 _®: t, o- , `/ 40 O '• p4 a��a �,- ';- I-0.- .0 85 :, Po Q c ,s c. DE h PQUL STREE7 I3 L° .r6' 4NO.5852° efi-' tpo. .t0 O l57 -! O. a G -.2' q;.9/' ,.& raa' 6/ ( 1,.1.. 156.. -753 �30 r Dr %- OTE — ASSESSOR'S BLOCK 8 A55ESSOR'S MAP TRACT NO. 5852 M.M.MM 216-42. 43. 44 PARCEL NUMBERS BOOK 142 PAGE 31 MARCH 1966 /59. TRACT NO. 6330 M.M. 232-48. 49. 50 PARCEL MAP P.M. 279-33 SHOWN IN CIRCLES COUNTY OF ORANGE Exhibit"B" 23-13900/327307 1 1 0® City of Westminster 8200 Westminster Boulevard,Westminster,CA 92683 714.898.3311 < , www.westminster-ca.gov CHI CHARLIE NGUYEN Mayor °j L9011D KIMBERLY HO Vice Mayor AMY PHAN WEST TEMPORARY USE PERMIT Council Member CARLOS MANZO Council Member March 12, 2024 NAMQUAN NGUYEN Council Member Andrew Barrios Big Ben Engineering CHRISTINE CORDON 4790 Irvine Blvd#105-404 City Manager Irvine, CA 92620 Subject: Planning Case No. 2024-0009 (Temporary Use Permit) Construction Equipment Storage at 7497 W McFadden Ave, Huntington Beach, CA 92647 Dear Mr. Barrios, Your application for a Temporary Use Permit(TUP)for Construction Equipment Storage at 7497 W McFadden Ave, Huntington Beach, CA 92647 from March 12th to September 27th, 2024 has been approved subject to compliance with the conditions of approval listed below. Table A—Description of Temporary Use: Date of Temporary Use: Beginning 3/12/2024 and ending 9/27/2024 Hours of Operation: 6:30am-7:00pm Products Sold: None—Storage of construction equipment Tent: None Electrical None Fencing Yes—temporary fencing will be installed to define borders dimensioned 6'x10' temp. fence panels with privacy fabric Food/Beverages: None Alcoholic Beverages: None Band/Amplified Sound: None Portable Toilets: Yes Signs: None On-site Contact Person Andrew Barrios. Phone Number: (949) 501-1424 Email: abarrios@bigbenengineering.com Other: N/A CONDITIONS OF APPROVAL: 1. The subject property shall be developed for the use and in the manner requested and shall be in substantial conformity with the plans as reviewed by the approving body unless revised or modified by the approving body. 2. The temporary use shall be in accordance with Table A—Description of Temporary Use, listed above in this letter, and with the attached diagrams, including but not limited to, the specified hours of operation from 6:30am-7:OOpm where the temporary use may occur. 3. The applicant shall post a sign on the fence facing McFadden providing the Business Operator number to call for resident complains. Any complaints must be addressed immediately. 4. If complaints regarding the site are received, the applicant shall meet with the City to address such complaints and the City may either amend the temporary use permit or cancel the temporary use permit.Any amendment or cancellation of the temporary use permit shall be provided to the applicant in writing 5. The contact person(s) listed on this letter, or their representative, must be present at all times during the temporary event/use. 6. The event shall comply with all federal, state and local laws. Violation or conviction of any of those laws in connection with the use will be cause for revocation of this permit. In addition, the operator is responsible for ensuring all necessary permits from these agencies are obtained. 7. Maintain all aisles and exits free from obstructions at all times. Do not obstruct exits or exit passageways. 8. No driveways or access to other properties shall be blocked off by the temporary use. 9. No on-street parking will be provided during the temporary use on McFadden Avenue. This is a primary access street and must be kept clear for emergency services. 10. Under no circumstances shall the applicant obstruct and/or cause roadway travel lanes or public pedestrian walkways. 11. Excluding storm water, any water discharges, including wash water, must remain on-site. 12. Maintenance of the property shall occur on a regular basis during the storage of construction equipment. 13. The site must be restored to pre-event operating condition at the conclusions of the event. 14. The owner or manager of the event is responsible for immediately notifying the Police Department of disturbances or crimes occurring at this site. 15. Provide copy of contract indicating servicing date/times for portable restroom. 16. Written permission must be obtained from all impacted property owners prior to approval of Temporary Use Permit. INDEMNIFICATION CLAUSE 17. The applicant and market operators agree to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Planning Case No. 2024-0009. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City's approval of Planning Case No. 2024-0009, and/or any environmental determination, the applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of Westminster's elected officials, appointed officials,officers, and employees. The"applicant"includes the property owner. If you have questions, please contact me at ktran@westminster-ca.gov or at(714) 548-3247. Sincerely, 4„, Kathy Tran Planning Technician Attachments: 1. Plans 2. Code Enforcement Comments 3. Building Division Comments Code Enforcement Comments Per the WMC, construction may not begin prior to 7am and after 8pm. I realize the application is for storage of the construction equipment, but wanted to make the comment. Building Division Comments If the proposed temporary fence is movable, Building Division has no comments. -"'"%1 BIGBENC-01 KVINOKUR iCORCY CERTIFICATE OF LIABILITY INSURANCE D11/1ATE 7/202YY) `---� 11i1712023 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. I 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 License#0M70471 Nn I'CT Karin Vinokur Orlon Risk Management Insurance Services,An Alera Group Insurance PHONE,Ext1:(949)942-1100 I(Arc,No1:(949)263-8860 Agency, it 1800 Quail Street, treet E-MAIL ADDRESS:kVinokur@orionrisk,com Newport Beach,CA 110 A 92660 INSURER(S1 AFFORDING COVERAGE NAIL# • INSURER A:Starr Surplus Lines Ins,Co. __13604 _ INSURED INSURERB:Depositors Insurance Company _.42587 Big Ben,Inc. INSURER c:Starr Indemnity&Liability Company 38318 4790 Irvine Blvd.#105-404 INSURER D:NATIONWIDE MUTUAL INSURANCE COMPANY 23787 Irvine,CA 92620 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURER E: 25674 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 321SR AODL SLOW POLICY EFF POLICY EXP -LTR TYPE OF INSURANCE 1NSD WYD I POLICY NUMBER IMM/DDIYYYIa cylm/ounrYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ -�CLAIMS-MADE X OCCUR 1000066896231 4/512023 4/5/2024 DAlMGE TO RENTED 100,000 X X PREMISES tEa occuuencel S s� MED EXP(Any one person) $ 5,000 — _ PERSONAL&ADV INJURY $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY rXX-1.T81- ri LOC PRODUCTS-COMP/OP AGG,_$ 2,000,000 OTHER: _ $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 X ANY AUTO X X ACPBA3120135937 7/1/2023 7/1/2024 BODILY INJURY{Per person) € _ OWNED SCHEDULED ,___.. AUTOS ONLY AUTOS W Ep PGODLY INJURY(Per accidenll_�_�-�_ __ AUTOS ONLY AUTOS bNNL.Y (Por aCCWen1yAlAAGE $ I $ C UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 9,000,000 X EXCESS LIAR CLAIMS-MADE X x 1000337275231 4/5/2023 415/2024 - 9000,000 AGGREGATE $ , --- DED RETENTIONS pp $ D AND EMPLOYERS'LIABILIITY Y/N ATION ' X hSTp�TE I (ERH ANYPROPRIETOR/PARTNEPoEXECUTNE X ACPWC3120135937 7/1/2023 711/2024 E,L,EACH ACCIDENT $ 1,000,000 OFFICERr1.IEMGLREXCLUDED? N/A 1,000,000 (f andetory n Nil) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS bebw E.L.DISEASE-POLICY LIMIT $ A Pollution Liability 1000066896231 4/5/2023 4/5/2024 1,000,000 E Equipment Floater 7N092607 4/5/2023 4/5/2024 Rented/Leased Equip 160,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,mey be attached if more space is required) Project: Edinger Avenue Sewer Replacement Project City of Huntington Beach,its officers,agents,employees,representatives and volunteers are named as additional Insured on a primary basis when required by written contract per the attached General Liability and Auto endorsements. Ongoing and completed operations applies when required by written contract per the attached General Liability endorsement.General Aggregate applies per project when required by written contract and per the attached General Liability endorsement, nn\\II {{�� AS TO FORM Waiver of subrogation applies when required by written contract per the attached General Liability,Auto and WStWab-e'o'tdTfensation endorsement{. FS CERTIFICATE HOLDER CANCELLATION M1GNA6i-C GAT CITTY ATTORNEY D-Yi SHOULD ANY OF THE ABOVt'rbESCRIBED*P LItCIES NGTON BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE fruit.1/„d „ ACORD 25(2016/03) 101988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Starr Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Policy Number: 1000066896231 Effective Date: 12/13/2023 at 12:01 A.M. Named Insured: Big Ben, Inc. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Huntington Beach, its officers, elected or appointed officials, employees, agents and AS REQUIRED BY WRITTEN CONTRACT. volunteers. City of Huntington Beach 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 organization(s)shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this Policy remain unchanged. SL 821 04(10/14) Page 1 of 1 Copyright© Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office,Inc.with its permission. Vt \ Starr Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Policy Number: 1000066896231 Effective Date: 12/13/2023 at 12:01 A.M. Named Insured: Big Ben, Inc. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of Huntington Beach, its officers, elected or appointed officials, employees, agents and AS REQUIRED BY WRITTEN CONTRACT. volunteers. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section Il—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or"property damage" caused, in whole or in part, by"your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard". All other terms and conditions of this Policy remain unchanged. SL 820 04(10/14) Page 1 of 1 Copyright CO Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office,Inc.with Its permission. Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: 1000066896231 Effective Date: April 5, 2023 at 12:01 A.M. Named Insured: Big Ben, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies)carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage Form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Where Required By Written Contract A. SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of"your work"for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage"arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. All other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY T //*6 . E. 0 Steve Blakey, Presi ent Nehemiah E.Ginsburg, General' ounsel SL 023(O6/11) Page 1 of 1 Copyright C.V,Starr&Company and Starr Surplus Lines Insurance Company.All rights reserved. Includes copyrighted material of ISO Properties,Inc,used with its permission, COMMERCIAL GENERAL LIABILITY SSEE-0121 11 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY DEFINITION EXTENSION AMENDATORY ENDORSEMENT Policy Number: 1000066896231 Effective Date: 12/13/2023 at 12:01 A.M. Named Insured: Big Ben, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective pollcy(ies)carefully. CONTRACTORS POLLUTION LIABILITY COVERAGE FORM—(Occurrence version) It is hereby agreed that SECTION V—DEFINITIONS, paragraph 2. is amended to include the following: "Bodily injury"also includes: a. mental anguish, b. shock or c. emotional distress sustained by a person and accompanied by physical injury, sickness or disease. All other terms and conditions of this policy remain unchanged. SSEE-0121 11 22 Copyright©Starr Surplus Lines Insurance Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • COMMERCIAL GENERAL LIABILITY SSEE-0122 11 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY DEFINITION EXTENSION AMENDATORY ENDORSEMENT Policy Number: 1000066896231 Effective Date: 12/13/2023 at 12:01 A.M. Named Insured: Big Ben, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies)carefully. CONTRACTORS POLLUTION LIABILITY COVERAGE FORM—(Claims-Made version) SITE POLLUTION LIABILITY COVERAGE FORM It is hereby agreed that SECTION VI—DEFINITIONS, "Bodily injury"is amended to include the following: "Bodily injury"also includes: a. mental anguish, b. shock or c. emotional distress sustained by a person and accompanied by physical injury,sickness or disease. All other terms and conditions of this policy remain unchanged. • SSEE-0122 11 22 Copyright©Starr Surplus Lines Insurance Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY CG21320509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Exclusions of Section I — Coverage B — Injury And Property Damage Liability: Personal And Advertising Injury Liability: 2. Exclusions 2, Exclusions This insurance does not apply to: This insurance does not apply to: Communicable Disease Communicable Disease "Bodily injury"or"property damage"arising out "Personal and advertising injury" arising out of of the actual or alleged transmission of a the actual or alleged transmission of a communicable disease. communicable disease. This exclusion applies even If the claims This exclusion applies even if the claims against any insured allege negligence or other against any insured allege negligence or other wrongdoing in the: wrongdoing in the: a. Supervising, hiring, employing, training or a. Supervising, hiring, employing, training or monitoring of others that may be infected monitoring of others that may be infected with and spread a communicable disease; with and spread a communicable disease; b. Testing for a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the c. Failure to prevent the spread of the disease;or disease;or d. Failure to report the disease to authorities. d. Failure to report the disease to authorities. CG 21 32 05 09 ©Insurance Services Office,Inc.,2008 Page 1 of 1 ❑ • COMMERCIAL GENERAL LIABILITY SSGL-0139 11 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIMITS OF INSURANCE (PER PROJECT, PER LOCATION OR PER PROJECT AND PER LOCATION GENERAL AGGREGATE LIMIT) Policy Number: 1000066896231 Effective Date: 12/13/2023 at 12:01 A.M. . Named Insured: Big Ben, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies)carefully. COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE [X] Per Project General Aggregate Limit $2,000,000 [ ] Per Location General Aggregate Limit [ ] Per Project and Per Location General Aggregate Limit THIS ENDORSEMENT DOES NOT APPLY AND HAS NO EFFECT IF: NONE OF THE BOXES LISTED ABOVE ARE;CHECKED; MORE THAN ONE OF THE BOXES LISTED ABOVE ARE CHECKED; OR ONLY ONE OF THE BOXES LISTED ABOVE IS CHECKED BUT IS UNACCOMPANIED BY AN ASSOCIATED DOLLAR AMOUNT_ General Aggregate Limit N/A Each Occurrence Limit $1,000,000 Products-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $2,000,000 Damage to Premises Rented to You Limit $100,000 Medical Expense Limit $5,000 [X] Overall Policy Aggregate Limit $2,000,000 [ ] Overall Policy Aggregate Limit Not Applicable WITH RESPECT TO THE OVERALL POLICY AGGREGATE LIMIT, THIS ENDORSEMENT DOES NOT APPLY AND HAS NO EFFECT IF: SSGL-0139 11 22 Copyright©Starr Surplus Lines Insurance Company. All rights reserved. 'Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. NEITHER OF THE BOXES LISTED ABOVE ARE CHECKED; BOTH OF THE BOXES LISTED ABOVE ARE CHECKED; OR THE FIRST BOX ABOVE IS CHECKED BUT IS UNACCOMPANIED BY AN ASSOCIATED DOLLAR AMOUNT. It is hereby agreed as follows: A. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the limits shown in the Schedule of this endorsement. 1. Your policy includes either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. B. SECTION III—LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: 1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits." 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products-completed operations hazard;"and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily Injury" and "property damage" included in the "products-completed operations hazard." 4. Subject to Paragraph 2 above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all"personal and advertising injury"sustained by any one person or organization. 5. Subject to Paragraph 2 or 3 above,whichever applies,the Each Occurrence Limit Is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all"bodily injury"and"property damage"arising out of any one"occurrence." 6. Subject to Paragraph 5 above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises,while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5 above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of"bodily injury"sustained by any one person. 8. Subject.to Paragraphs 2,4,5,6,and 7 above,the Per Project General Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical expenses under Coverage C arising out of the any single Project. SSGL-0139 11 22 Copyright©Starr Surplus Lines Insurance Company. All rights reserved. Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 9. Subject to Paragraphs 2, 4, 5, 6, and 7 above, the Per Location General Aggregate Limit is the most we - will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; • b. Damages under Coverage B; and c. Medical expenses under Coverage C arising out of the any single"Location." 10. Subject to Paragraphs 2,4, 5, 6, and 7 above, the Per Project and Per Location General Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical expenses under Coverage C arising out of any single Project or"Location,"as applicable. 11. If a dollar value is assigned to the Overall Policy Aggregate Limit above, a. The Overall Policy Aggregate Limit is the most we will pay in any policy period regardless of the number of Projects or"Locations"and b. All other Limits of Insurance apply subject to the Overall Policy Aggregate Limit. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. C. SECTION V—DEFINITIONS is amended to include the following: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway,or right-of-way railroad. All other terms and conditions of this Policy remain unchanged. SSGL-0139 11 22 Copyright©Starr Surplus Lines Insurance Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY SSGL-0144 11 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY DEFINITION EXTENSION AMENDATORY.ENDORSEMENT Policy Number: 1000066896231 Effective Date: 12/13/2023 at 12:01 A.M. Named Insured: Big Ben, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective pollcy(les)carefully. COMMERCIAL GENERAL LIABILITY COVERAGE FORM—(Occurrence version) It is hereby agreed that SECTION V—DEFINITIONS, paragraph 3. is amended to include the following: "Bodily injury"also includes: a. mental anguish, b. shock or c. emotional distress sustained by a person and accompanied by physical injury, sickness or disease. All other terms and conditions of this policy remain unchanged. SSGL-014411 22 Copyright©Starr Surplus Lines Insurance Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. ( ;; COMMERCIAL GENERAL LIABILITY Starr Surplus Lines Insurance Company SSGL-0281 11 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSIONARY ENDORSEMENT Policy Number: 1000066896231 Effective Date: 12/13/2023 at 12:01 A.M. Named Insured: Big Ben, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies)carefully. COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is hereby agreed as follows: 1. SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is amended to include the following: Asbestos "Bodily injury,""property damage"or any other loss, cost or expense arising out of: a. The manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to the injury or damage; b. Any sums that any insured or other entity must pay, repay or reimburse because of any: (1) Request, demand, order, statutory or regulatory requirement, direction or determination that any insured or others test for, investigate, monitor, clean up, remove, study, contain, treat, encapsulate, control or take any other action regarding asbestos, asbestos products, asbestos fibers or asbestos dust; or (2) Claim or "suit" for damages arising out of or relating in any way to any such request, demand, order, statutory or regulatory requirement, direction or determination. 2. SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions is amended to include the following: Asbestos "Personal and advertising injury"or any other loss, cost or expense arising out of: a. The manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to the injury or damage; b. Any sums that any insured or other entity must pay, repay or reimburse because of any: (1) Request, demand, order, statutory or regulatory requirement, direction or determination that any insured or others test for, investigate, monitor, clean up, remove, study, contain, treat, encapsulate, control or take any other action regarding asbestos, asbestos products, asbestos fibers or asbestos dust; or (2) Claim or"suit"for damages arising out of or relating in any way to any such request, demand, order, statutory or regulatory requirement, direction or determination. All other terms and conditions of this policy remain unchanged. SSGL-0281 11 21 Copyright©Starr Surplus Lines Insurance Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 1 Starr Surplus Lines Insurance Company POLICY CHANGES This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Policy Number: 1000066896231 Premium:$750.00 Effective Date of Change: 12/13/2023 Tax: $22.50 SFCA: $1.35 Change Endorsement No.: 3 Total:$773.85 Named Insured: Big Ben, Inc. • The following item(s): Insured's Name n Insured's Mailing Address Policy Number Company Effective/Expiration Date Insured's Legal Status/Business of Insured Payment Plan Premium Determination Additional Interested Parties: X Coverage Forms and Endorsements 1 Limits/Exposures Self-Insured Retention Covered Property/Located Description Classification/Class Codes I1 Rates Underlying Insurance is (are)changed to read {See Additional Page(s)): The above amendments result in a change in the premium as follows: NO CHANGES TO BE ADJUSTED ADDITIONAL PREMIUM RETURN PREMIUM AT AUDIT $750 SL-020 (01/09) Page 1 of 2 Copyright© Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office,inc.with its permission. Starr Surplus Lines Insurance Company Endorsement Effective:12/13/2023 Countersigned By: Named Insured: Big Ben, Inc. (Authorized Representative) POLICY CHANGES ENDORSEMENT DESCRIPTION IN CONSIDERATION OF THE ADDITIONAL PREMIUM SHOWN, IT IS HEREBY AGREED AND UNDERSTOOD THAT THE POLICY IS AMENDED AS FOLLOWS: THE FOLLOWING FORMS ARE ADDED TO THE POLICY IN FAVOR OF: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers . City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CG 20 12-Additional Insured-State Or Governmental Agency Or Subdivision Or Political Subdivision-Permits and Authorizations SL 820 04-Additional Insured- Owners, Lessees or Contractors-Completed Operations SL 821 04-Additional Insured-Owners, Lessees or Contractors-Scheduled Person or Organization ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SL-020 (01/09) Page 2 of 2 Copyright© Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office,Inc.with its permission. POLICY NUMBER: 1000066896231 COMMERCIAL GENERAL LIABILITY CG 20 12 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Huntington Beach, its officers, elected or appointed officials,employees, agents and volunteers.City of Huntington Beach 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 2. This insurance does not apply to: • include as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or 1. This insurance applies only with respect to b. "Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a B. With respect to the insurance afforded to these permit or authorization. additional insureds, the following is added to However: Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law;and will pay on behalf of,the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or 1. Required by the contract or agreement;or agreement, the insurance afforded to such 2. Available under the applicable Limits of additional insured will not be broader than Insurance shown in the Declarations; that which you are required by the contract or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04.13 ©Insurance Services Office, Inc.,2012 . Page 1 of 1 JSTARR. • POLICYHOLDER NOTICE SSPN-187 01 23 INSURANCE COMPANIES NOTICE TO CALIFORNIA POLICYHOLDER FRAUD STATEMENT IMPORTANT NOTICE FOR YOUR PROTECTION,CALIFORNIA LAW REQUIRES THAT YOU BE ADVISED OF THE FOLLOWING: ANY PERSON_WHO KNOWINGLY.PRESENTS-FALSE OR FRAUDULENT INFORMATION TO OBTAIN OR. AMEND INSURANCE COVERAGE OR TO MAKE A CLAIM FOR THE PAYMENT OF LOSS IS GUILTY OF'A CRIME AND-MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. SSPN-187 01 23 Copyright.©Starr Surplus Lines Insurance Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • Big Ben, Inc. POLICY NUMBER: 1000066896231 Effective 04/05/2023-04/05/2024 COMMERCIAL GENERAL LIABILITY CO 20 38 04 13 THIS.ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRD IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II—Who is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1.Any person or organization for whom you are exclusions apply: performing operations when you and such This insurance does not apply to: person or organization have agreed in writing in 1. Bodily injury","property damage"or"personal a contract or agreement that such person or and advertising injury"arising out of the organization be added as an additional insured rendering of,or the failure to render,any on your policy;and professional architectural,engineering or 2.Any other person or organization you are surveying services,including: required to add as an additional insured under a.The preparing,approving,or failing to the contract or agreement described in prepare or approve,maps,shop drawings, Paragraph 1,above. opinions,reports,surveys,field orders, Such person(s)or organization(s)is an additional change orders or drawings and insured only with respect to liability for"bodily specifications;or injury", "property damage"or"personal and • b.Supervisory,inspection,architectural or advertising injury"caused,in whole or in part, by: engineering activities. a.our acts or omissions;or This exclusion applies even if the claims against b.The acts or omissions of those acting on any insured allege negligence or other wrongdoing your behalf; in the supervision, hiring, employment, training or monitoring of others by that insured, if the in the performance of your ongoing operations for "occurrence" which caused the "bodily injury" or the additional insured. "property damage", or the offense which caused However,the insurance afforded to such. the "personal and advertising injury", involved the additional insured described above: rendering of, or the failure to render, any a.Only applies to the extent permitted by law; professional architectural, engineering or and surveying services, b.Will not be broader than that which you are 2.Bodily injury"or"property damage"occurring required by the contract or agreement to. after: provide for such additional insured. a.All work, including materials, parts or equipment furnished in connection with such A person's or organization's status as an work,on the project(other than service, additional insured under this endorsement ends maintenance or repairs)to be performed by when your operations for the person or or on behalf of the additional insured(s)at organization described in Paragraph 1.above are the location of the covered operations has completed, been completed;or CO 20 38 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 2 b.That portion of"your work"out of which the insured is the amount of insurance: injury or damage arises has been put to its 1. Required by the contract or agreement intended use by any person or organization described in Paragraph A.1.; or other than another contractor or 2. Available under the applicable Limits of subcontractor engaged in performing Insurance shown in the Declarations; operations for a principal as a part of the same project. whichever is less. C.With respect to the insurance afforded to these This endorsement shall not increase the additional insureds,the following is added to applicable Limits of Insurance shown in the Section III—Limits Of Insurance: Declarations. The most we will pay on behalf of the additional Page 2 of 2 ©Insurance Services Office, Inc.,2012 CG 20 38 0413 • Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 • Amendment of Limits of Insurance (Per Project or Per Location Aggregate Limit) Policy Number: 1000066896231 Effective Date: April 5, 2023 at 12:01 A.M. Named Insured:Big Ben, Inc. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Your policy is amended to include either a Per Project General Aggregate Limit, a Per LocationGeneral Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following: 1. [X] Per Project General Aggregate Limit $2,000,000 [ .] Per Location General Aggregate Limit [ ] Per Project and Per Location General Aggregate Limit 2. [ j Overall Policy Aggregate Limit IF NEITHER OF THESE BOXES ARE CHECKED,THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED,THIS ENDORSEMENT IS VOID. IL SECTION III—LIM ITS OF INSURANCE, is amended to include the following: 1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of"bodily injury"or"property damage" included in the products-completed operations hazard";and c. Damages under Coverage B. 3. Persons or organizations making claims or bringing"suits". 4. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". SL 739(07111) Page 1 of 3 Copyright®C.V.Starr$Company and Starr Surplus Lines Insurance Company.All rights reserved. Includes copyrighted materiel of ISO Properties,Inc.,used with Its permission. • Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 • 5. Subject to 2 above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 6. Subject to 2 or 3 above,whichever applies,the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A;and b. Medical expenses under Coverage C because of all"bodily injury"and"property damage" arising out of any one"occurrence". 7. Subject to 5 above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A because of"property damage"to any one premises,while rented to you, or in the case of damage by fire,while rented to you or temporarily occupied by you with permission by the owner. 8. Subject to 5 above, the Medical Expense Limit Is the most we will pay under Coverage C for all medical expenses because of"bodily injury"sustained by any one person. 9. Subject to 2,4,5,6, and/or 7 above,the Per Project Aggregate Limit is the most we will pay under Coverages A, B,and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B;and c. Medical expenses under Coverage C arising out of the any single Location described above. 10. Subject to 2,4,5, 6, and/or 7 above,the Per Location Aggregate Limit is the most we will pay under Coverages A, B,and C combined for the sum of: d. Damages under Coverage A; e. Damages under Coverage B; and f. Medical expenses under Coverage C arising out of the any single Location described above. 11.The Overall Policy Aggregate is the most we will pay in any policy period regardless of number of projects • or locations. The Limits of insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months, In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. III. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below. SL 739(07111) Page 2 of 3 Copyright@ C.V.Starr&Company and Starr Surplus Lines insurance Company.Alt rights reserved. includes copyrighted materiel of ISO Properties,no..used with Its permission. - Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 Limits of Insurance General Aggregate Limit N/A Each Occurrence Limit $1,000,000 Products-Completed Operations Aggregate Limit $2,000,000 Personal&Advertising Injury Limit $ 1,000,000 Damage to Premises Rented to You $ 100,000 Medical Expense Limit $5,000 Overall Policy Aggregate Limit Capped At $10,000,000 I. SECTION V-.DEFINITIONS: is amended to include the following: 23. "Location" means premises involving the same or connecting lots,or premises whose connection is interrupted only by a street,roadway,waterway,or right-of-way railroad All other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY S- � i E. Steve Blakey, Presi ent Nehemiah E. Ginsburg,Genera' ounsel • SL 739(07111) Page 3 of 3 Copyright©C.V.Starr 8 Company and Starr Surplus linos hrsuraneo Company.All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with Its permission. Big Ben, Inc. POLICY NUMBER:ACPBA312135937 COMMERCIAL AUTO Effective 07/01/2023-07/01/2024 AC 70 06 0316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement •B. Newly Acquired of Formed Entities • C. Employees as insureds—Nonowned Autos D. Additional Insured by Contract,Permit or Agreement E. Supplementary Payments—Bail Bonds F. Supplementary Payments—Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employees J. Hired Auto Physical Damage K. Temporary Substitute Autos—Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts—Leased Private Passenger.Types O. Deductible Amendments P. Expanded Transportation Expense Q. Extra Expense—Stolen Autos R. Physical Damage Limit of Insurance S. New Vehicle Replacement Cost T. Physical Damage Coverage Extensions U. Business Income and Extra Expense Coverage V. Transfer of Rights Of Recovery Against Others To Us W. Section IV—Business Auto Conditions—Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lockout Z. Cancellation Condition AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission COMMERCIAL AUTO AC 70 06 03 16 A. EFFECT OF THIS ENDORSEMENT If specifically required by the written contract or Coverage provided under this policy is modified agreement referenced in the paragraph above, by the provisions of this endorsement. If there any coverage provided by this endorsement to is any conflict between the provisions of this an additional insured shall be primary and any other valid and collectible Insurance avail- endorsement and the provision(s) of any state- able to the additional insured shall be non- specific endorsement also attached to this poll- contributory with this insurance,•If the written cy, then the provision(s) of the state-specific • endorsement shall apply instead of the provi- contract does not require this coverage to be sionsprimary and the additional insured's coverage to of this endorsement that are In conflict, but only to the extent of the conflict, and only to be non-contributory, then this insurance will be the extent necessary to bring such provisions excess over any other valid and collectible insur- into conformance with the state requirement(s) ance available to the additional insured. contained in the provision(s)of the state-specific E. SUPPLEMENTARY PAYMENTS — BAIL endorsement. BONDS B. NEWLY ACQUIRED OR FORMED ENTITIES Supplementary Payments .of SECTION II — The Named Insured shown in the Declarations is COVERED AUTOS LIABILITY COVERAGE is amended to include any organization you newly revised as follows: acquire or form, other than a partnership, joint (2) Up to$3,000 for cost of bail bonds(Including venture, or limited liability company, and over bonds for related traffic law violations) re- which you maintain ownership or majority(more quired because of an "accident" we cover. than 50%)interest; if there Is no other similar in- We do not have to furnish these bonds. surance available to that organization. Coverage F. SUPPLEMENTARY PAYMENTS — LOSS OF under this provision is afforded until the 180th EARNINGS day after you acquire or form the organization or Supplementary Payments of SECTION II — the end of the policy period,whichever is later. COVERED AUTOS LIABILITY COVERAGE is C. EMPLOYEES AS INSUREDS — NONOWNED revised as follows: AUTOS (4) All reasonable expenses incurred by the"in- The following is added to paragraph A.1.Who Is sured" at our request, including actual loss An insured of SECTION 11—COVERED AUTOS of earnings up to $1,000 a day because of LIABILITY COVERAGE: time off from work. d. Any "employee" of yours is an "insured" G. PERSONAL EFFECTS AND PROPERTY OF while using a covered "auto"you don't own, OTHERS EXTENSION hire or borrow in your business or your per- 1. The Care, Custody or Control Exclusion of sonal affairs. SECTION II — COVERED AUTOS LIABILITY D. ADDITIONAL INSURED BY CONTRACT, COVERAGE, does not apply to "property dam- PERMIT OR AGREEMENT age"to property, other than your property, up to The following is added to A.1. Who Is An In- an amount not exceeding $500 in any one"acci- sured of SECTION II — COVERED AUTOS dent". Coverage is excess over any other valid LIABILITY COVERAGE: and collectible insurance. Any person or organization that you are re- 2. The following paragraph is added to A.4. quired to name as an additional insured in a Coverage Extensions of SECTION IiI - written contract or agreement that is executed PHYSICAL DAMAGE COVERAGE: or signed by you prior to a "bodily injury' or c. We will pay up to $1,000 for your prop- "property damage" occurrence is an "Insured" erty that Is lost or damaged as a result for Covered Auto Liability coverage. How- of a covered "loss", without applying a ever, with respect to covered "autos", such deductible. Coverage is excess over person or organization is an insured only to any other valid and collectible insur- the extent that person or organization qualifies ance. as an "Insured"under A.1.Who is an Insured of SECTION .II — COVERED AUTOS LIABILITY COVERAGE: Page 2 of 7 includes copyrighted material of Insurance Services Office, Inc. AC 70 06 0316 with its permission • COMMERCIAL AUTO AC 70 06 03 16 H. PREJUDGMENT INTEREST COVERAGE e. Destruction The following paragraph is added to SECTION II The coverage that applies is the same as — COVERED AUTOS LIABILITY COVERAGE, the coverage provided for the vehicle being • 2. Coverage Extensions, a. Supplementary replaced. Payments: L. EXPANDED TOWING COVERAGE (7) Prejudgment interest awarded against the 1. We will pay up to: "insured" on that part of the judgment we. a. $150 for a covered "auto" you own of pay. If we make an offer to pay the appli- the private passenger type,.or cable limit of insurance, we will not pay b, $750 for a covered "auto" you own'that any prejudgment interest based on that is not of the private passenger type, period of time after the offer. for towing and labor costs incurred each I. FELLOW EMPLOYEE • time the covered "auto" is disabled. Howev- The Fellow Employee Exclusion of SECTION II- er,the labor must be performed at the place COVERED AUTOS LIABILITY COVERAGE, of disablement. does not apply if the "bodily Injury' results from 2. This.coverage applies only for an "auto" the use of a covered "auto" you own or hire. covered on this policy for Comprehensive or The insurance provided under this provision is Specified Causes of Loss Coverage and excess over any other collectible insurance. Collision Coverages. J. HIRED AUTO PHYSICAL DAMAGE 3. Payment applies in addition to the otherwise If covered "auto"designation symbols 1 or 8 ap- applicable amount of each coverage you ply to Liability Coverage and if at least one "au- have on a covered"auto". to" you own Is covered by this policy for Com- M. AUTO LOAN OR LEASE COVERAGE prehensive, Specified Causes of Loss,or Colli- sion coverages, then the Physical Damage 1. In the event of a total "loss" to a covered coverages provided are extended to"autos"you "auto", we will pay any unpaid amount due lease, hire, rent or borrow without a driver; and on the loan or lease, Including up to a max- provisions in the Business Auto Coverage Form imum of $500 for early termination fees or applicable to Hired Auto Physical Damage apply penalties,for your covered auto less: up to a limit of$125,000. The deductible will be a. The amount paid under SECTION III — equal to the largest deductible applicable to any PHYSICAL DAMAGE COVERAGE of owned "auto" for that coverage. Any Comore- this policy;and. hensive deductible does not apply to fire or b. Any: lightning. 1) Overdue lease/loan payments at the K. TEMPORARY SUBSTITUTE AUTOS — time of the"loss"; PHYSICAL DAMAGE COVERAGE 2) Financial penalties imposed under a The following is added to paragraph C. Certain lease for excessive use, abnorma Trailers, Mobile Equipment And Temporary wear and tear or high mileage; Substitute Autos .of SECTION I — COVERED 3) Security deposits not refunded by a AUTOS: lessor; if Physical Damage Coverage is provided by 4) . Costs of extended warranties,Credit this Coverage Form, the following types of Life insurance, Health, Accident, or vehicles are also covered "autos"for Physi- Disability insurance purchased with cal Damage Coverage: the lease;and Any "auto" you do not own while used with 5) Carry-over balances from previous the permission of its owner as a temporary leases. substitute for a covered "auto" you own that s outof.seryice because of its: 2. This coverage only applies to a "loss"which is it of service because is also covered under this policy for Com- prehensive, Specified Causes of Loss, or b. Repair; Collision coverage. a. Servicing; d. "Loss"; or AC 70 06 0316 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7 with its permission COMMERCIAL AUTO AC 70 06 0316 3. Coverage does not apply to any unpaid curred by you because of the total theft of a • amount due on a loan for which the covered covered"auto"of the private passenger type. "auto"is not the sole collateral. We will only pay for those covered "autos" for N. ORIGINAL EQUIPMENT MANUFACTURER which you carry Comprehensive or Specified PARTS — LEASED PRIVATE PASSENGER Causes of Loss Coverage. We will pay for tem- TYPES porary transportation expenses incurred during Under Paragraph C. Limit of Insurance of the period beginning 24 hours after the theft and SECTION HI — PHYSICAL DAMAGE ending, regardless of the policy's expiration, COVERAGE,Section 4 is added as follows: •when the covered"auto"is returned to use or we 4. We will use new original equipment vehicle pay for its"loss". manufacturer parts for any private passen- Q. EXTRA EXPENSE—STOLEN AUTOS ger type covered "auto" where required by The following paragraph is added to Section A.4. the lease agreement which has a term of at of SECTION III — PHYSICAL DAMAGE least six months. If a new original equip- COVERAGE: ment vehicle manufacturer part is not in pro- c. We will pay for up to$5,000 for the expense duction or distribution we may use a like, of returning a stolen covered "auto" to you. kind and quality replacement part. We will pay only for those covered "autos" 0. DEDUCTIBLE AMENDMENTS for which you carry Comprehensive or Spec- The following are added to the Deductible provi- ified Causes of Loss Coverage. sion of SECTION III — PHYSICAL DAMAGE R. PHYSICAL DAMAGE LIMIT OF INSURANCE COVERAGE: Under SECTION iii — PHYSICAL DAMAGE If another policy or coverage form that is not an COVERAGE, Paragraph C., Limit of Insurance automobile policy or coverage form issued by is replaced by the following: this company applies to the same"accident",the C.Limit Of Insurance following applies: 1. The most we will pay for "loss" in any one 1. if the deductible under this coverage is the "accident"is the lesser of: smaller (or smallest) deductible, it will be a. The actual cash value of the damaged waived: or stolen property as of the time of the 2. If the deductible under this coverage is not "loss",or the smaller(or smallest)deductible, it will be b. The cost of repairing or replacing the reduced by the amount of the smaller (or smallest)deductible, damaged or stolen property. If a Comprehensive or Specified Causes of Loss 2. $2000 is the most we will pay for "loss" in Coverage "loss" from one "accident" involves any one "accident" to all electronic equip- two or more covered "autos", only the highest ment that reproduces, receives or transmits audio, visual or data signals which, at the deductible applicable to those coverages will be applied to the"accident," if the cause of the loss time of"loss", is: is covered for those vehicles.This provision only a. Permanently installed in or upon the applies if you carry Comprehensive or Specified covered "auto" in a housing, opening or Causes of Loss Coverage for those vehicles, other location that is not normally used and does not extend coverage to any covered by the"auto"manufacturer for the instal- "autos" for which you do not carry such lation of such equipment. coverage. b. Removable from a permanently installed No deductible applies to glass if the glass is re- housing unit as described in Paragraph paired, in a manner acceptable to us, rather than 2.a. above or is an integral part of that replaced. equipment;or P. EXPANDED TRANSPORTATION EXPENSE c. An integral part of such equipment. Paragraph A.4.a. of SECTION III — PHYSICAL 3. An adjustment for depreciation and physica DAMAGE COVERAGE is replaced by the condition will be made in determining actua following: cash value in the event of a total"loss". We will pay up to $50 per day to a maximum of 4, The cost of repairing or replacing may: $1500 for temporary transportation expense in- Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 06 0316 with its permission. COMMERCIAL AUTO - AC 70 06 03 16 a. Be based on an estimate which includes titled and which you purchased less than parts furnished by the original equip- 365 days before the date of the"loss". ment manufacturer or other sources in- cluding non-original equipment manu- facturers T. PHYSICAL DAMAGE COVERAGE and EXTENSIONS b, If a repair or replacement results in bet- Under SECTION III — PHYSICAL DAMAGE ter than like kind or quality, we will not COVERAGE, A. Coverage, 4. Coverage Exten- pay for the amount of the net improve- sions, b. Loss of Use Expenses is replaced by meat. the following: 5. If we offer to pay the actual cash value of the damaged or stolen property, we will b. Loss of Use Expenses value auto advertising wraps, paint customi- For Hired Auto Physical Damage, we wit . nation,and similar business related advertis- pay expenses for which an "Insured" ing modifications, in addition to the actual becomes legally responsible to pay for loss cash value of the property. Auto advertising of use of a vehicle rented or hired without a wraps, paint customization, and similar driver, under a written rental contract or business related advertising modifications agreement. We will pay for loss of use will be valued at the.cost to replace them expenses if caused by: with an adjustment made for depreciation (1) Other than collision if the Decla- and physical condition. rations indicate that Comprehen- S. NEW VEHICLE REPLACEMENT COST sive Coverage is provided for any . The following is added to the Limit of Insurance covered "auto"; provision of SECTION III — PHYSICAL (2) Specified Causes of Loss only if DAMAGE COVERAGE: the Declarations indicate that 5. The provisions of paragraphs Land 3. do Specified Causes of Loss Cover- not apply to a covered "auto" of the private age is provided for any covered passenger type or a vehicle with a gross ve- hicle.weight rating of 20,000 pounds or less (3) Collision only if the Declarations which is a"new vehicle." indicate that Collision Coverage In the event of a total"loss"to your"new ve- is provided for any covered hide"to which this coverage applies,we wit auto. pay at your option: However, the most we will pay for. any a. The verifiable "new vehicle" purchase expenses for loss of use is$50 per day,to a price you paid for your damaged vehi- maximum of$1,500.The insurance provided cle, not including any insurance or war- by this provision is excess over any other collectible insurance. I f ranties purchased; U. BUSINESS INCOME AND EXTRA EXPENSE If b. it is available, the purchase price, as COVERAGE negotiated by us, of a "new vehicle" of the same make, model, and equipment 1. Business Income Coverage or the most similar model available, not We will pay the actual loss of business in- including any furnishings, parts, or come sustained by you as a result of the equipment not installed by the manufac- necessary suspension of your business dur- turer or manufacturers'dealership;or. ing the period of restoration due to"toss" to c. The market value of your damaged ve- a covered "auto"used in your business.The hide, not including any furnishings, loss must be caused by a cause of loss coy- parts, or equipment not installed by the ered under item Al of Physical Damage manufacturer or manufacturer's dealer- Coverage in this Coverage Part. ship. 2. Extra Expense Coverage We Will not pay for initiation or set up costs We wilt pay the necessary and reasonable associated with loans or leases extra expenses that you incur during the pe- As used in this endorsement, a "new vehi- riod of restoration that you would not have de" means an "auto" of which you are the ' incurred had there been no "loss" to a cov- original owner that has not been previously ered "auto" used in your business. The loss AC 70 06 0316 Includes copyrighted material of Insurance Services Office,Inc. Page 5 of 7 with its permission COMMERCIAL AUTO AC 70 06 0316 must be caused by a cause of loss listed (a) The time required to resume under item Al of Physical Damage Cover- your normal business opera- age in this Coverage Part. Extra Expenses Lions;or means those expenses you incur to avoid or (b) The time that is reasonably minimize the suspension of business and to necessary to repair or replace continue your business operations. the covered auto with a maxi- 3. Additional Conditions mum time period of 180 days. We will not pay for "loss" or expenses Period of Restoration does not caused by suspension, lapse or cancellation iequire any increased period of any license, lease or contract. But if the required due ordinancet the eawrcemen- suspension, lapse or cancellation is directly quof any anyinsured or law that re- suspension, caused by the suspension of your business, test for,s monitor, cleanor others re- we will cover such "loss" that affects your move,tcontain, treat, detoxifyup, or business Income.We will not pay under this neutralizeor in any way respond d coverage if you do not repair or replace the to s h ef way respond covered "auto".You.must resume all or part to isor assess the effects effolic- of your business as quickly. as possible. if tants.The expirationu date of this you have other autos you can use to reduce policy willt not cut short the peri- the amount of loss payable under this cov- erage,you are required to use them.We wil V. TRANSFER OF RIGHTS OF RECOVERY pay for expenses you incur to reduce the AGAINST OTHERS TO US amount that otherwise would have been The following is added to the Transfer Of Rights payable under this coverage. We will not Of Recovery Against Others To Us Condition: pay more than the amount by which you ac- We waive any right of recovery we may tually reduce the business income loss or have against any person or organization to extra expense incurred. the extent required of you by.a written con- 4. Limit tract executed prior to any "accident" be- The most we will pay for"loss"arising out of cause of payments we make for damages one covered"auto" is$10,000 per loss with under this coverage form. an annual aggregate of $20,000. Payment W. NOTICE OF AND KNOWLEDGE OF applies in addition to the otherwise appilca- OCCURRENCE ble amount of each coverage you have on a SECTION IV — BUSINESS AUTO covered"auto". . CONDITIONS, Paragraph A is •amended as 5. Definitions follows: a. "Business Income"means the: 6. NOTICE OF AND KNOWLEDGE OF 1.). Net income(Net profit or loss before OCCURRENCE income taxes)that would have been a. Your obligation in the Duties in the Event earned or_incurred'if no loss would of Accident,Claim, Suit or Loss Condi- have occurred;and tion relative to notification require- 2.). Continuing normal operating means applies only when the "accident" expenses incurred, including payroll. or"loss"is known to: b. "Period of Restoration" means the (1) You, if you are an individual; period of time that: (2) A partner,if you are a partnership; 1.). Begins: (3) A member, if you are a limited liability (a) 24 hours after the time of loss company;or for Business Income Coverage; (4) An executive officer or Insurance or manager,if you are a corporation. (b) Immediately after the time of b. Your obligation in the. Duties in the Event loss for Extra Expense of Accident, Claim, Suit or Loss Condition Coverage;and relative to providing us with documents 2.) Ends at the earliest of: concerning a claim or "suit" will not be. Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 0316 with its permission COMMERCIAL AUTO AC 70 06 0316 considered breached unless the breach covered "auto" and you are unable to enter occurs after such claim or"suit"is known such"auto",or to: 2. Your keyless entry device battery dies and (1) You,if you are an individual; you are unable to enter such "auto" as a (2) A partner, if you are a partnership; result, (3) A member, if you are a limited liability 3. Your key, electronic key or key entry pad company;or has been lost or stolen and you have (4) An executive officer or insurance changed the lock to prevent an unauthorized entry;and manager, if you are a corporation. 4. Original copies of receipts for services of a locksmith must be provided before X. HIRED CAR—COVERAGE TERRITORY • reimbursement is payable. Item (5) of the Policy Period, Coverage Territory Z. CANCELLATION CONDITION General Condition is replaced by the following: Paragraph A.2. of the COMMON POLICY (5)Anywhere In the world if a covered"auto" CONDITION — CANCELLATION applies except is leased,hired,rented or borrowed without a as follows: driver for a period of 30 days or less;and If we cancel for any reason other than nonpay- Y. EMERGENCY LOCKOUT ment of premium, we will mail or deliver to the We will reimburse you up to$100 for reasonable First Named Insured written notice of canceila- expense incurred for the services of a locksmith lion at least 60 days before the effective date of to gain entry into your covered "auto" subject to cancellation. This provision does not apply in those states that require more than 60 days prior these provisions: notice of cancellation. 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your • AC 70 06 0316 Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7 with its permission rug tien, Inc. • POLICY NUMBER:ACPWC3110135937 Effective:07101/2023-07/01/2024 WC 00 0313 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name: Arty person or organization from whom you are required to waive your right to recover under a written contract or agreement In effect prior to any loss or damage Address: 4790 Irvine Blvd.#105-404 Irvine,CA 92620 Description of Waiver: Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage JobID: • This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7/01/2023-7/01/2024 Policy No. ACP WC 3120135937 Endorsement No. Insured Big Ben Inc. Premium Insurance Company Nationwide Mutual Insurance Countersigned by WC 00 03 13 ©1983 National Council on Compensation Insurance. Page 1 of 1 ACP WC 3120135937 07/01/2021 Nallonwide Mutual Insurance 1 -00001 0000000000 1910E 0 N 13e5c7310.8132-4027-9310-3rc3ff09032 0027020014349734038600680273250 RESOLUTION NO 2008-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DELEGATING THE AUTHORITY TO EXECUTE SHORT TERM TEMPORARY CONSTRUCTION LEASES WHEREAS,pursuant to Huntington Beach City Charter Section 613 the City is bound by a contract only if it is made in writing, approved by City Council and signed on behalf of the City by the Mayor and Clerk or by a City officer designated by the City Council, and The City and Redevelopment Agency own certain properties that are occasionally leased on a short-term or temporary basis, in part to contractors as staging areas while working on City improvement projects, and The City and Redevelopment Agency are occasionally required to lease private property on a short-term or temporary basis to work on City projects, and Leases or license agreements of this nature currently require City Council approval, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows 1 The authority to execute short-term or temporary construction leases under $30,000 in a form approved by the City Attorney where the City leases property to or from an individual is hereby delegated to the City Administrator or Director of Public Works or his/her designee 08 1465/22679(3) 1 Resolution No 2008-30 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of L],tnP ,20 08 /• ,� Mayor Aik REVIE A ' APPROVED j „r f.,- City Clerk I. City Administh or INITIATED AND APPROVED Director of Public orks APPROVED AS TOFVVV OR M ity Attorney kti 2, D`d 08 1465/22679(3) 2 Res No 2008-30 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I JOAN L FLYNN the duly elected qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of said City do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 16, 2008 by the following vote AYES Hansen Hardy Bohr Cook Coerper Green Carchio NOES None ABSENT None ABSTAIN None Ci 'Clerk and ex-officio ! lerk of the City Council of the City of Huntington Beach California