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HomeMy WebLinkAboutDucros Electrical Contracting - 2024-08-28 (2) 74/L( SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DUCROS ELECTRICAL CONTRACTING FOR FIBER AND ELECTRICAL EQUIPMENT INSTALLATION AT HBPD CANINE TRAINING FACILITY ON GOTHARD STREET THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter called"City," and Ducros Electrical Contracting, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of running fiber and installing electrical equipment. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Josh Westling, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 24-14578/342386 1 3. Compensation. a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified'in Exhibit"B." 'The total sum to be expended under this Agreement, shall not exceed Twenty Eight Thousand.Nine Hundred Dollars ($28,900.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures; Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. 'Contractor shall be paid pursiantto'the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence 8ic2$/204or as soon as practicable after the execution of this Agreement by City (the"Cornme ceinentDate") and terminate three(3)years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for.2 additional one=year periods if mutually agreed to in. writing'by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A. This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. in the event the Commencement Date precedes the Effective Date, Contractor shall'be bound by all terms and conditions as provided herein. 5. Extra Work In the event:City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional"compensation for such extra work shall be allowed only if the prior written approval.of City is obtained. 6. Disposition.of.Plans;"Estimates;and Other.Documents Contractor agrees that title to all materials prepared hereunder, including, without. limitation,all original drawings, designs, reports, both field and office notices,. calculations, computer code, language, date or programs, maps,memoranda, letters,and other documents, shall belong to City, and Contractor;shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 24-14578/3423 86 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials,employees,agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused,. including those resulting from death oi injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part byanynegligent act or- omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose-acts any of them may be liable, including but not. limited to concurrent active or passive negligence., except where caused by the active negligence,sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable: The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code,which requires every employer to be insured:against liability for workers'compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of:not less than the Statestatutory limits. Contractor shall require all subcontractors,to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation'and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public'liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor.,. its officers, employees and agents while acting within the scope of.their duties, against any and all claims arising out of or in connection with the Project/Service,and shall provide coverage in not less than the following amount; combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars($1,000,000) per occurrence.. If coverage is provided undera form which includes a designated general aggregate limit, 24-14578/342386 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million.Dollars ($1,000,000)for this Project/Service. This policy shall name City, its officers, elected or appointed officials; employees,agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a,self- insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering.the work performed by it hereunder. This policy shall provide coverage for'Contractor's automotive liability in an amount_not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain,a self-insured retention, "deductible" or any similar form of limitation on the'required coverage except with the express written consent of City. 1:1. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish. to.City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage a s required by this Agreement;the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and. c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty(30)days' prior written notice;however, ten(10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work' under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense,hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 24714578/342386 4 12. Independent Contractor Contractor is,arid;shall be,acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor'shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security,state disability insurance compensation, unemployment compensation and other payroll.deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests,. direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement May be terminated;by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination,subject to the following conditions: a. As a condition of such payment, the,Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless;prohibited by law,and Contractor consents the City's use thereof for such,,purposes,as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.. 15. Exclusivity and Amendment This Agreement represents the complete-and.exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the. parties. In the event of a conflict between the terms of this..Agreement and any attachments hereto, the terms of this Agreement shall prevail. This,Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The partiesagree that any terms or"conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or;obligate:Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements, orally or otherwise,have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 24-145781342386 5 16. Assignment Inasmuch as to this Agreement is intended to secure the,specialized services of Contractor:; Contractor may not assign,transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.. 17. City Employees and.Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove)or,to City as the situation shall warrant, or:by enclosing the same in.a sealed,envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or,other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor.: City of Huntington Beach Durcros Electrical Contracting Attn: Director'of Public Works Attn: Josh Westling 2000 Main Street 2881 E. La Palma Avenue Huntington..Beach, CA 9.2648 Anaheim, CA 92806 19. Consent When.City's consent/approval is required under this Agreement, its. consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent.occurrence of the same or any other transactions-or event.. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 24-1.45781342386 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various,sections in this Agreement:are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction. to be unenforceable,void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this. Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so.as to require the commission of any act contrary to law,and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance.or regulation contrary to which the parties have no right.to. contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and.City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309 the:City.Attorney is the exclusive legal counsel.for City; 24-14578/342386. 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes,that in the performance of its duties under this Agreement,it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure, Contractor warrants that it will use reasonable efforts consistent with practices customary in'the facilities'management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in-order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the'foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate;because of race, color,creed, religion, sex,. marital status, sexual orientation,age,national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local,laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that.Orange County,California,shall be the:venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall,through the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the.State of California,,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24-14518/3423 86 .8` 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing,party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31.. Survival Terms and conditions of this Agreement;which by their sense and context survive. the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with.the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any anj uries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that, each has had,the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties,oral or otherwise,have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement,, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 24-14578/342386 9 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a DUCROS ELECTRICAL CONSTRACTING munici corporation of the State of Calif rn' By: / o/ Mayor ›Ov Print name ITS: (circle one) Chairppatarresident/ 74 Vice President (( City Clerk 28M4?— AND By: INITIATED AND APPROVED: Print name jjpo ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS : City Attorney REVI ID AND PROV City anag r 24-14578/342386 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Run Fiber and install electrical equipment at,the,HBPD Canine Training Facility on Gothard Street B. CONSULTANT'S DUTIES AND RES.PONSIBILITIES::. SEE ATTACHED.EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES:. D. WORK PROGRAM/PROJECT S.CHEDULE:. 24-14578/342386 1 l' EXHIBIT ''B" Payment Schedule (Fixed Fee Payment) SEE ATTACHED EXHIBIT B 1. CONSULTANT shall be entitled to monthly progress payments toward the Eked fee set forth herein in accordance with the following progress and payment schedules. 2. .Delivery of work product; .A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due.. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment.due; D) Include a certification by a principal :member" of'CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement;and E) For all payments include an estimate of the percentage of work completed. All billing shall be done monthly in fifteen (15)minute increments and".matched to an appropriate breakdown,of the time that was taken to perform that work and who performed it. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A 'copy of memoranda, letters, reports, calculations, and other documentation prepared' by CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards completion-of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific_requirements for satisfactory completion. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in.accordance with this Agreement, CITY .shall approve the invoice, in which event payment shall be made within, thirty (30) days of receipt of the invoice by CITY. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in. Exhibit "A" may at the option of CITY be suspended until the parties agree that 'past performance by CONSULTANT :is in, or' has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced. separately to CITY; All extra work or additional' 2.4-14578/3423 86 12 services will be in accordance with the extra work or additional services and if CITY is satisfied that the statement of;hours worked and posts incurred is accurate. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 24-14:5.78/342386 13 EXHIBIT A" cr ElEctrical CoContracting ,_. �.T 3E;,a and Design Inc a ; t�r . a• e DO #750g03 PROPOSAL Westling•&Associates Construction Management Date: 5/2/2024 20112 Port Circle Project Name: K9_Fiber Huntington Beach, CA 92646 Project Number: WAW-JW Contact: Josh Westing Page Number: 1 E-mail: Josh@westlingcm.com Work.Description Provide and Install a Per Scope: Provide and install 2"Alum. Rigid Along the fence line Provide mule tape in conduit. Provide and install UG Pull box Size#6 standard. (approx. 17"x 30"x 12") Provide and Install 4'x.8'x%"'Fire rated backboard for network cabinet in new building. Provide and Install 120v duplex receptacle on backboard. Provide and Install 24" x 24"x%" Fire rated backboard for network box in Connex box. Provide and Install 120v power to network box. Network Fiber type:. Corning 012ESF-T4,101D20 FREEDM® LSTT"' Loose Tube, Gel-Free riser cable Fiber run:#1 -Heliport Server room to new building;backboard. 720'-1.2F-+50' service loop each end. Included slack In each pull.box. Fiber run#2 -New building..backboard to Connex box backboard. 620'-12F-+ 30' service loop each end. Included slack in each pull box. Include 48F pigtail fusion splice:termination on provided equipment.. We reserve the right to correct this quote for errors and omissions. This.quote:covers direct costs only and we reserve the•right to claim for Impact and consequential costs. This price is good for acceptance within 60 days from the date:of receipt. We will supply and install all materials,labor,and equipment as per your instructions 2881 E. La Palma Ave. Anaheim CA 92806. • Ph. 714.;688.7000 • Fax 714.688.7003 EXHIBIT B Du;c .ro E eins' E 1 ectri cl Contracting and Design Inc CIO, #750903 'PROPOSAL Westling &Associates Construction Management Date: 5/2/2024 2011,2 Port Circle Project Name: K9 Fiber Huntington Beach, CA. 92646 Project Number; WAW-JW Contact; Josh Westling Page Number: 1 Email: Josh@westlingcm.com Work Description Provide and Install a Per Scope; Provide and install 2"Alum, Rigid Along the fence line Provide mule tape in conduit. Provide and Install UG Pull box Size#6 standard. (approx. 17"x 30"x 12" Provide and Install 4'x 8'x 3/.a" Fire rated backboard for network cabinet in new buildiing:.. Provide arid Install 120v duplex receptacle on backboard. :Provide-and Install 24"x.24"x 4"'Fire rated backboard for network box In Connex box. Provide and Insta11.120v:p.oW.r to network box. Network=Fiber type: Corning, 012ESF-T4101 D20"FREEDM®.LSTTM Loose Tube, Gel-Free riser cable Fiber run#1 - Heliport Server room to,new building backboard'. 720'-12F +50' service loop,each end. Included slack in each pull box. Fiber run#2-New building"backboard to Convex box backboard. 620'-12F-+30' service loop each end. Included slack in each pull"box, Include 48F pigtail fusion splice termination on provided equipment. We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only and we reserve the right to claim for Impact and consequential costs. This price is good for acceptance within 60 days from the date of receipt. We will supply and install all materials,labor,and equipment.as per your instructions 2881 E. La Palma Ave. Anaheim CA 928"06. • Ph. 714.688.7000 Fax Fax 714.688.70.03' Date: 5/2/2024 Project Name: ,K9 Fiber Project Numb,er: WAW-JW Page Number: 2 PROPOSAL Final Adj. -62,45 Final Amount $28,900.00 CLIENT ACCEPTANCE Final Amount:$28,900.00 Name: Date: Signature: I hereby accept this quotation and authonze the contractor b complete the above described work cri-A TE Accmi, CERTIFICATE OF LIABILITY INSURANCE DA8/20/2029 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stacey Cecilia GarzaCassie Davis NAME: y Tialavea I I Post Insurance Services Inc f P11CNf o Emil: (310)328-3622 (me No)' (910)32e-6054 License #0551220 EMAIL ADDRESS:certprocessing@postinsurance.com 2356 Torrance Blvd INSURER(S)AFFORDING COVERAGE NAIL S Torrance CA 90501 INSURER A:Mt. Hawley Insurance Company 3974 INSURED INSURER s:StarStone Specialty Insurance Co 44776 Du Cros Electrical Contracting & Design Inc INsuRERC:Insurance Company of the West 27847 2883 E La Palma Ave INSURER D: INSURER E: Anaheim CA 92806 INSURERF: COVERAGES CERTIFICATE NUMBER:23 ALL 24 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXPLIMITS LTR INS) WVD POLICY NUMBER (MMIDDYYY) (MM1DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTE A CLAMS-MADEn OCCUR PREMISES(Ea ooccurrence) $ 50,000 X N01,0197980 9/23/2023 9/23/2024 MED EXP(Anyone person) $ 1,000 PERSONAL A ADV INJURY S 1,000,000 GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY D PRO-JECT El LOC PRODUCTS-COMPlOPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s (Ea accident) • ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS • NON-OWNED PROPERTY DAMAGE • •• _ HIRED AUTOS _ AUTOS (Per sodden)) UMBRELLA LIAB x OCCUR EACH OCCURRENCE 5 5,000,000 R x EXCESS LIAB CLAIMS-MADE AGGREGATE S 5,000,000 LIED RETENTION S CSX00049891P03 9/23/2023 9/23/2024 $ WORKERS COMPENSATION x I PER OTH- ANO EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN NIA EL.EACH ACCIDENT $ 1,000,000 OFFICC (MandatorylnS8ER EXCLUDED? WV8506948001 1/6/2024 1/6/2025 (hlandatorylnNH) Y E.L.DISEASE-EAEMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Job: Huntington Beach Police Dept X--9 - 18311 Gothard Street, Huntington Reach, CA 92648. 30 day cancellation notice except nonpayment which is 10 days. City of Huntington Beach, its officers elected or appointed officials, employees, agents and volunteers are Additional Insureds on General Liability per attached endt. Insurance is Primary & Non-Contributory. Waiver of Subrogation applies on Workers Compensation per attached endt as required by written contract. APPROVED AS TO FORM CERTIFICATE HOLDER CANCELLATION Ay. MICFIAEL E.t;ATFS Eduardo.Cerda@surfcity-hb.orc CITY ATTORNEY SHOULD ANY OF THE ABOVE DESCOMItaftHEINBZONDEMIEWFORE City of Huntington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 190 Huntington, CA 92648 AUTHORIZED REPRESENTATIVE Dan Post/CECY ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Ac R CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/31/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 CONTACT Kristina Simpson StateFarm Kristina Simpson PHONE 714-577-9800 FAX (A/C,No,EA): (A/C,Not: 151 N Kraemer Blvd Suite 123 nooRLss: kristina.sImpson.d3zl@statefarm.com INSURER(S)AFFORDING COVERAGE NAIC N _ Placentia CA 928705073 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B: DUCROS ELECTRIC&DUCROS DAVID INSURER C: 2500 E IMPERIAL HWY#201-520 INSURER D: INSURER E: BREA CA 928216122 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD SUB POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVO POLICY NUMBER (µµ/DDIYYYYI (MMIDDIYYYYt LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO RENTE S CLAIMS-MADE OCCUR PREMISES(Ea occure nce) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATEPRO- $ POLICY JECT I I LOC PRODUCTS-COMP/OP AGO $ OTHER: S AUTOMOBILE LIABILITY 814 2702-D03-75CO accidenlD i INGLE LIMIT ANY AUTO 04/03/2024 10/03/2024 — OWNED �/ SCHEDULED 607 5330-C15-75B 03/15/2024 09/15/2024 BODILY INJURY(Per person) $ 1,000,000 A AUTOS ONLY AUTOS N N BODILY INJURY(Per accident) $ 1,000,000 HIRED NON-OWNED PROPER I Y AUTOS ONLY _ AUTOS ONLY Perraccid nt)DAMAUE $ 1,000,000 S UMBRELLA DAB —OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION $ S WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY STATUTE FR S ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N IA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ I yes,describe under DESCRIPTION OF OPERATIONS below E,L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may bo attached II more space Is required) City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are included as Additional Insureds as respects General Liability per attached endorsement. S TO FORri APPROVED A- I3Y niCHAEi E GP,TE' CITY ATTORNE CERTIFICATE HOLDER CANCELLATION (-Try SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach,its officers,elected or appointed ACCORDANCE WITH THE POLICY PROVISIONS. officials,employees,agents and volunteers AUTHORIZED REPRESENTATIVE P.O.Box 190 Huntington Beach CA 92648 )C� - This form was syslenrgeneratedon 07/3112024 ' I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1001486 2005 155279 205 01-19-2023 Policy Number: MGL0197980 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations: City of Huntington Beach, its officers, Huntington Beach Police Department K-9 18311 elected or appointed officials, employees, Gothard Street, Huntington Beach, CA 92648 agents and volunteers 2000 Main Street PO Box 190 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 in- not be broader than that which you are required dude as an additional insured the person(s)or organi- by the contract or agreement to provide for such zation(s)shown in the Schedule, but only with respect additional insured. to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or B. With respect to the insurance afforded to these in part, by: additional insureds, the following additional exclusions apply: 1. Your acts or omissions;or This insurance does not apply to "bodily injury" or 2. The acts or omissions of those acting on your "property damage"occurring after: behalf; 1. All work, including materials, parts or equipment in the performance of your ongoing operations for the furnished in connection with such work, on the additional insured(s) at the location(s) designated project (other than service, maintenance or re- above. pairs)to be performed by or on behalf of the addi- tional insured(s) at the location of the covered However: operations has been completed; or 1. The insurance afforded to such additional insured 2. That portion of"your work" out of which the injury only applies to the extent permitted by law; and or damage arises has been put to its intended use by any person or organization other than another 2. If coverage provided to the additional insured is contractor or subcontractor engaged in performing required by a contract or agreement, the in- operations for a principal as a part of the same surance afforded to such additional insured will project. CG 20 10 04 13 Cl Insurance Services Office, Inc., 2012 Page 1 of 2 Insured C. With respect to the insurance afforded to these 2. Available under the applicable Limits of Insurance additional insureds, the following is added to Section shown in the Declarations; III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is required by a contract or agreement, the most we will This endorsement shall not increase the applicable pay on behalf of the additional insured is the amount Limits of Insurance shown in the Declarations. of insurance: 1. Required by the contract or agreement;or • CG 20 10 04 13 ©Insurance Services Office, Inc.,2012 Page 2 of 2 Insured Policy Number: MGL0197980 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Location and Description of or Organization(s) Completed Operations City of Huntington Beach, its officers, Huntington Beach Police Department K-9 18311 elected or appointed officials, employees, Gothard Street, Huntington Beach, CA 92648 agents and volunteers 2000 Main Street PO Box 190 Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to Section organization(s) shown in the Schedule, but only with III—Limits Of Insurance: respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the If coverage provided to the additional insured is re- location designated and described in the Schedule of quired by a contract or agreement, the most we will this endorsement performed for that additional insured pay on behalf of the additional insured is the amount and included in the "products-completed operations of insurance: hazard". 1. Required by the contract or agreement;or However: 2. Available under the applicable Limits of Insurance 1. The insurance afforded to such additional insured shown in the Declarations; only applies to the extent permitted by law; and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- This endorsement shall not increase the applicable ance afforded to such additional insured will not Limits of Insurance shown in the Declarations. not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Policy Number: MGL0197980 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY CONTRACTORS SPECIAL FORM The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured scheduled below for your ongoing operations under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and: (2) You have agreed in writing in a contract or agreement, signed by both parties prior to the date of"occurrence"or offense, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. SCHEDULE Name Of Additional Insured Person(s)Or Organization(s)And Location(s) Of Covered Operations City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street PO Box 190 Huntington Beach, CA 92648 Location of covered ops: Huntington Beach Police Department K-9 18311, Gothard Street, Huntington Beach, CA 92648 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 473 (03/16) Contains copyrighted material of Insurance Services Office, Inc. Page 1 of 1 Insured WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET 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). The additional premium for this endorsement shall be 3 %of the total California Workers'Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON / ORG ALL CA OPERATIONS WHEN REQUIRED BY WRITTEN CONTRACT • 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 01/06/2024 Endorsement No. 1 Insured Du Cros Electrical Contracting & Design Inc. Premium $ INCL. Insurance Company Insurance Company of the West Countersigned By WC990634 (Ed.8-00) INSURED