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HomeMy WebLinkAboutHardy & Harper, Inc. - 2024-10-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HARDY & HARPER,INC. FOR CONCRETE GRINDING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter called"City," and Hardy & Harper, Inc, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of concrete grinding. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services,performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Mike Amundson, 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. 24-15295/354542 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 Thirty Thousand ($30,000.00) annually. Additional services required by other divisions and/or departments shall not count towards the Public Works not to exceed amount. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence October 1, 2024, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 24-15295/354542 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided.by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 24-15295/354542 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however,ten(10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 24-15295/354542 4 12. Independent Contractor Contractor is, and2 shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 24-15295/354542 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 Hardy &Harper, Inc. Attn: Director of Public Works Attn: Mike Amundson 2000 Main Street 32 Rancho Circle Huntington Beach, CA 92648 Lake Forest, CA 92610 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. 24-15295/354542 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; 24-15295/354542 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. 24-15295/354542 8 30. _ Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 24-15295/354542 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 HARDY & HARPER municipal corporation of the State of Califon .r.� Weib .rr01. Michael Amundson Print name ITS: (circle one) Chainnan/President/ _,(_ 9,6ieteudku) cgice President /'�`�l/ City Clerk /0/1 sl By; 1(717EPC-2---- INITIATED AND APPROVED: Prin name Kristen Paulino ITS: (circle one)(ZcslelOiChief Financial Officer/Asst. Secretary-Treasur er Director of Public Works APPROVED FORM: City Attorney REVIEWED AND APPROVED: 41/ ,City Manager 24-15295/354542 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Perform concrete grinding services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-15295/354542 11 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: $187.50 per hour B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY^shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set 24-15295/354542 12 forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 24-15295/354542 13 • i/C 4-"" AC D CERTIFICATE OF LIABILITY INSURANCE DATE(Mh11DDNYYY) 9/25/2024 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 polley(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 Burnham Risk&Insurance Solutions PHONE Charlotte Mercer FAX 15901 Red Hill Ave,Ste 100 (AIC.No.Eat:714-439-3581 (Arc,No):714-573-1770 Tustin CA 92780 ADDRESS: charlotte.mercernwgbib.com INSURER(S)AFFORDING COVERAGE NAIC 0 License8:OF69771 INSURER A:Great American Insurance Compa 16691 INSURED HARD&HA-02 INSURERS:BITCO National Insurance Compa 20109 Hardy&Harper, Inc. 32 Rancho Circle INSURER:Great American Excess&Surplu 37532 Lake Forest CA 92630 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:784549492 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 ADDL TYPE OF INSURANCE NSD SWVO POLICY NUMBER (UBR MMIDDIIYYYYi- IMMNDNYI EXP LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y CLP3742815 4/15/2024 4/15/2025 EACHOCCURRENCE 51,000,000 DAMAGRENTED CLAIMS-MADE I X OCCUR P EM SESO(Ea occur oncel S 100,000 MEO EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY i X I JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 • OTHER: $ B AUTOMOBILE LIABILITY Y Y CAP3742814 4/15/2024 4/15/2025 (ECOa acciMBINEdenqD SINGLE LIMIT 51,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ . AUTOS ONLY _ AUTOS ONLY (Peroccidontl S A UMBRELLA LIAB X OCCUR TUE 4369837-02 4/15/2024 4/15/2025 EACH OCCURRENCE S 2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION S S B WORKERS COMPENSATION Y WC 3 743 729 4/15/2024 4/15/2025 X STATUTE ODH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNERIEXECUTIVE y -N f A EL.EACH ACCIDENT S 1,000,000 OFFICERIMEMBEREXCLUDED? -' (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L..DISEASE-POLICY LIMIT $1,000,000 C Professional Liability PCM E502853 04 4/15/2024 4/15/2025 Each Occurrence 1,000,000 Pollution Liability Annual Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may bo.attachcd If more space IS required) General Liability Additional Insured,Primary and Noncontributory,and Waiver of Subrogation applies per attached endorsements. General Liability Aggregate limit per project applies per attached endorsements. Auto Liability Additional Insured,Primary and Noncontributory,and Waiver of Subrogation applies per attached endorsements.Work Comp Waiver of Subrogation applies per endorsement WC040306. 30 day Notice of cancellation applies per attached endorsements. RE:City of Huntin ton Beach—All Operations APPROVED AS TO FORM `- Additional Insured(s):City of Huntington Beach,its officers,elected or appointed officials,employees,agents and vo unteers,per attached endors m Bv: MICHAEL E.GATES CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. i City of Huntington Beach 2000 Main St Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. • ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER CLP 3742815 COMMERCIAL GENERAL LIABILITY CG20101219 THS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE'', OWNERS, LESSEES OR CONTRACTORS-SCHEDULEDPERSON 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,elected or appointed RE: All Operations officials,employees,agents and volunteers 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. Wth respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only with exclusions apply: respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or"personal and advertising injury"caused, "property damage"occurring after: in whole or in part,by: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such work, on the 2 The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for the additional insured(s) at the location of the additional insured(s) at the location(s) designated covered operations has been completed;or above. 2 That portion of"your work" out of which the injury However: or damage arises has been put to its intended use by any person or organization other than 1. The insurance afforded to such additional insured another contractor or subcontractor engaged in only applies to the extent permitted by law;and performing operations for a principal as a part of 2 If coverage provided to the additional insured is the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG20101219 ©Insurance Services Office,Inc.,2018 Pagel of2 C. Wth respect to the insurance afforded to these 2. Available under the applicable limits of insurance; additional Insureds, the following is added to Section whichever is less. Ill—Limits Of Insurance: Ifprovided to the additional insured is This endorsement shall not increase the applicable coverage limits of insurance. required by a contract or.agreement,the must we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 ©Insurance Services Office,Inc.,2018 CG 20101219 r i POLICY NUMBER CLP 3742815 COMVERCIAL GENERAL LIABILITY CG 20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSU ED-OWNERS, LESSEES 01 CONTRACTORS-COIVPLETED 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) Or Organizations) Location And Description Of Completed Operations City of Huntington Beach,its officers,elected or RE:All Operations appointed officials,employees,agents and volunteers 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. Wth respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to Section organizations) shown in the Schedule, but only with III—Limits Of Insurance: respect to liability for "bodily injury" or "property If coverage provided to the additional insured is damage" caused, in whole or in part, by your work" required by a contract or agreement,the most we will at the location designated and described in the pay on behalf of the additional insured is the amount Schedule of this endorsement performed for that of insurance: additional insured and included in the "products- completed operations 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 whichever is less. only applies to the extent permitted by law;and This endorsement shall not increase the applicable 2 If coverage provided to the additional insured is limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will • not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 371219 ©Insurance Services Office,Inc.,2018 \Pagel of 1 Policy Number:CPL3742815 COMMERCIAL GENERAL LIABILITY CG20011219 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 LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition (2) You have agreed in writing in a contract or and supersedes any provision to the contrary: agreement that this insurance would be Primary And Noncontributory Insurance primary and would not seek contribution from any other insurance available to the additional This insurance, is primary to and will not seek insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional Insured is a Named Insured under such other insurance;and CG 20 011219 0 Insurance Services Office,Inc.,2018 Page 1 of 1 BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEIVEMT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS'COMPENSATION ANDEMPLOYERS'LIABILITYINSURANCE 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 WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is: Named Insured HARDY & HARPER, INC. Policy Number WC 3742816 Endorsement No. 1 Policy Period 04-15-24 to 04-15-25 Endorsement Effective Date: 4-15-24 Producer's Name: Burnham Risk & Insurance Solutions Producer Number: 0006473 71 r2Cty 70,tePJt 4-15-24 AUTHORIZED REPRESENTATIVE DATE WC 99 0315(09/21) BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEIVEMT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE 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 WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is: Named Insured HARDY & HARPER, INC. Policy Number WC 3742816 Endorsement No. Policy Period 04-15-24 to 04-15-25 Endorsement Effective Date: 4-15-24 Producer's Name: Burnham Risk& Insurance Solutions Producer Number: 0006473 Vq ?tip 4-15-24 AUTHORIZED REPRESENTATIVE DATE WC 990315(09/21) POLICY NUMBER CAP 3742814 COMMERCIAL AUTO CA20481013 THS ENDORSEM ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are"insureds"for Covered Autos Liability Coverage under the VWio Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Ibis endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hardy&Harper, Inc Endorsement Effective Date: 4/15/2024 SCHEDULE Name Of Person(s)Or Organizations): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN "INSURED CONTRACT" TO DESIGNATE AS AN ADDITIONAL INSURED SUBJECT TO ALL THE PROVISIONS AND LIMITATIONS OF THIS POLICY. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Lability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Lability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph DI2. of Section - Covered Autos Coverages of the Auto Dealers Coverage Form. CA20 481013 ©Insurance Services Office, Inc.,2011 Page 1 of 1 Policy Number: CLP3742815 IL02700720 THIS ENDORSER/ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES--CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM(OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EIVMPLOYMENT-RELAFEU PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL UABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OIUTATIONS LIABILITY COVERAGE PART A Paragraphs 2. and a of the Cancellation Cornrnon 3. All Polities In Effect For More Than 60 Days Policy Condition are replaced by the following: a If this policy has been in effect for more than 2. All Policies In Effect For 60 Days Cr Less 60 days, or is a renewal of a policy we issued, If this policy has been in effect for 60 days or we may cancel this policy only upon the less, and is not a renewal of a policy we have occurrence, after the effective date of the previously issued, we may cancel this policy by policy,of one or more of the following: mailing or delivering to the first Named Insured,at (1) Nonpayment of premium, including the mailing address shown in the policy, and to payment due on a prior policy we issued the producer of record, advance written notice of and due during the current policy term cancellation, stating the reason for cancellation, covering the same risks. at least: (2) Discovery of fraud or material a. 10 days before the effective date of nysrepresentation by: cancellation if we cancel for: (a) Any insured or his or her (1) Nonpayment of premium;or representative in obtaining this (2) Discovery of fraud by: insurance;or (a) Any insured or his or her (b) You or your representative in pursuing representative in obtaining this a claim under this policy. insurance;or (3) A judgment by a court or an administrative (b) You or your representative in pursuing tribunal that you have violated a California a daim under this policy. or Federal law, having as one of its before the effective date of necessary elements an act which b. 30 days materially increases any of the risks cancellation if we cancel for any other reason. insured against. IL 02 70 07 20 ©Insurance Services Office,Inc.,2020 Page 1 of 4 { (4) Discovery of willful or grossly negligent B. The following provision is added to the Cancellation acts or omissions, or of any violations of Common Policy Condition: state laws or regulations establishing 7. Residential Property safety standards, by you or your representative, which materially increase This provision applies to coverage on real any of the risks insured against. property which is used predominantly for byrepresentative to residential purposes and consisting of not more Failureyou oryour (5) than four dwelling units, and to coverage on irrplement reasonable Toss control tenants' household personal property in a requirements, agreed to by you as a residential unit, if such coverage is written under condition of policy issuance, or which one of the following: were conditions precedent to our use of a particular rate or rating plan, if that failure Commercial Property Coverage Part materially increases any of the risks Farm Coverage Part — Farm Property — Farm insured against. Dwellings, Appurtenant Structures And (6) A determination by the Commissioner of Household Personal Property Coverage Form Insurance that the: a If such coverage has been in effect for 60 (a) I ass of,or changes in,our reinsurance days or less, and is not a renewal of coverage t covering all or part of the risk would nre previously issued, we may cancel this threaten our financial integrity or coverage for any reason, except as provided solvency,or in b.and c.below. (b) Continuation of the policy coverage b. We may not cancel this policy solely because would: the first Narned Insured has: (i) Place us in violation of California (1) Accepted an offer of earthquake coverage; law or the Taws of the state where or vie are donydled;or (2) Cancelled or did not renew a policy issued (II) Threaten our solvency. by the California Earthquake Authority (CEA) that included an earthquake policy (7) A change by you or your representative in premium surcharge. the activities or property of the oomrnerdal However, we shall cancel this policy if the first or industrial enterprise, which results in a Named Insured has accepted a new or materially added, increased or changed renewal policy issued by the CEA that risk, unless the added, increased or includes an earthquake policy premium changed risk is included in the policy. surcharge but fails to pay the earthquake b. We will mail or deliver advance written notice policy premium surcharge authorized by the of cancellation, stating the reason for CEA, cancellation, to the first Named Insured,at the a We may not cancel such coverage solely mailing address shown in the policy, and to because corrosive soil conditions exist on the the producer of record,at least: premises. This restriction (c.) applies only if (1) 10 days before the effective date of coverage is subject to one of the following, cancellation if we cancel for nonpayment which exclude lass or damage caused by or of premium or discovery of fraud;or resulting from corrosive soil conditions: (2) 30 days before the effective date of (1).Commercial Property Coverage Part — cancellation if we cancel for any other Causes Of Loss—Special Form;or reason listed in Paragraph 3.a (2) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss—Special. I Page 2 of 4 ©Insurance Services Office, Inc.,2020 IL 02 70 07 20 d. If a state of emergency under California Law a If this policy provides coverage as described is declared and the residential property is in the preceding paragraph, and we elect not located in any ZIP Coda within or adjacent to to renew this policy, we will mail or deliver the fire perimeter, as determined by California written notice, stating the reason for Law, vie may not cancel this policy for one nonrenewal, to the first Named Insured shown year, beginning from the date the state of in the Declarations, .and to the producer of emergency is declared, solely because the record, at the mailing address shown in the dwelling or other structure is located in an policy, at least 75 days,but not more than 120 area in which a wildfire has occurred. days, before the expiration or anniversary However,we may cancel: date. (1) When you have not paid the premium, at If we fail to give the first Named Insured any time by letting you 'mow at least 10 shown in the Declarations notice of days before the date cancellation takes nonrenewal at least 75 days prior to the policy effect; expiration, as required in the paragraphs (2) If willful or grossly negligent acts or above, this policy, with no change in its terms onyssions by the Named Insured, or his or and conditions, shall remain in effect for 75 her representatives, are discovered that days from the date that the notice of materially increase any of the risks insured nonrenewal is delivered or mailed to the against;or Named Insured. A notice to this effect shall be provided by us to the first Named Insured with (3) If there are physical changes in the the notice of nonrenewal. property insured against, beyond they elect not to renew such coverage for catastrophe-damaged condition of the structures and surface landscape, which any reason, except as provided in Paragraphs result in the property becoming c.,d. and e.below uninsurable. c. We will not refuse to renew such coverage C. The following is added and supersedes any solely because the first Named Insured has provisions to the contrary: accepted an offer of earthquake coverage. Nonrenewal However, the following applies only to 1. Subject to theprovisions of Paragraphs C.2 insurers who are associate participating ag insurers as established by Cal. Ins. Code C.3. below,if we elect not to renew this policy,we Section 10089.16. We may elect not to renew will mail or deliver written notice, staling the such coverage after the first Narned Insured reason for nonrenewal, to the first Named Insured has accepted an offer of earthquake shown in the Declarations, and to the producer of coverage, if one or more of the following record, at least 60 days, but not more than 120 reasons applies: days,before the expiration or anniversary date. (1) The nonrenewal is based on sound We will mail or deliver our notice to the first underwiting principles that relate to the Named Insured, and to the producer of record, at coverages provided by this policy and that the mailing address shown in the policy. are consistent with the approved rating 2. Residential Property plan and related documents filed with the This provision applies to coverage on real Department of Insurance as required by existing law, property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form It.02 70 07 20 ©Insurance ServicEG Office, Inc.,2020 Page 3 of 4 i (2) The Cornrrrssioner of Insurance finds that However,we may nonrenew. the exposure to potential losses will (1) If willful or grossly negligent acts or threaten our solvency or place us in a omissions by the Named Insured, or his or hazardous condition. A hazardous her representatives, are discovered that condition includes, lout is not limited to, a materially increase any of the risks insured condition in which we make claims against; payments for losses resulting from an 2 If losses unrelated to the tdsaster loss earthquake that occurred within the ( ) preceding two years and that required a condition of the property have occurred reduction in policyholder surplus of at least that would collectively render the risk 25%for payment of those claims;or ineligible for renewal;or (3) We have: (3) If there are physical changes in the Lost or a rienced a substantial property insured against, beyond the (a) catastrophe-damaged condition of the reduction in the availability or scope of structures and surface landscape, which reinsurance coverage;or result in the property becoming (b) Experienced a substantial increase in uninsurable. the premium charged for reinsurance 3. We are not required to send notice of nonrenewal coverage of our residential property in the following situations: insurance polices;and a if the transfer or renewal of a policy, without the Commissioner has approved a plan for any changes in temps, conditions or rates, is the nonrenewels that is fair and equitable, between us and a member of our insurance and that is responsive to the changes in group our reinsurance position. b. If the policy has been extended for 90 days or d. We will not refuse to renew such coverage less, provided that notice has been given in solely because the first Named Insured has accordance with Paragraph C.1. cancelled or did not renew a policy, issued by the California Earthquake Authority, that c. If you have obtained replacement coverage, induded an earthquake policy premium or if the first Named Insured has agreed, in surcharge. writing, within 60 days of the termination of a We All not refuse to renew such coverage the policy,to obtain that coverage. solely because corrosive soil conditions exist d. If the policy is for a period of no more than 60 on the premic . This restriction (a) applies . days and you are notified at the time of only if coverage is subject to one of the issuance that it will not be renewed. following, which exdude loss or damage a If the first Named Insured requests a change caused by or resulting from corrosive soil in the temps or conditions or risks covered by conditions: the policy within 60 days of the end of the (1) Commerdal Property Coverage Part — Policy Period. Causes Of Loss—Special Form;or f. If we have made a written offer to the first (2) Farm Coverage Part — Causes Of Loss Named Insured, in accordance with the Form — Farm Property, Paragraph D. timeframes shown in Paragraph C.1., to Covered Causes Of Loss—Special. renew the policy under changed temps or f. if a state of emer under California Law conditions or at an increased premium rate, y when the increasp exceeds 25/o is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law,we may not nonrenew this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. Page 4 of 4 '©Insurance Services Office, Inc.,2020 IL 02 70 07 20 POLICY NUMBER CAP 374 2814 COMMERCIAL AUTO CA 04441013 THS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US(WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HARDY&HARPER, INC. Endorsement Effective Date:4/15/2024 SCHEDULE Name(s)Of Person(s)Or Organizations): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS OPERATING UNDER WRITTEN CONTRACT WHEN SUCH CONTRACT REQUIRES A WAIVER OF SUBROGATION. Information required to complete this Schedule,if not shown above,will be shown In the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA04441013 ©Insurance Services Office,Inc.,2011 Pagel of 1 BITCH General Insurance Corporation BITCO National Insurance Company ADDRIONAL INSURED—PRIMARY AND NON-CONTRIBUTORY This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person(s)or Organization(s): WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an'Insured'for Liability Coverage,but only to the extent that person or organization qualifies as an "insured' under the Who Is An Insured Provision contained in Section II of the Coverage Form. If the person or organization shown in the schedule qualifies as an"insured'for Liability Coverage, and they have coverage as a first-named insured under another policy,this policy is primary to and non-contributory with that other insurance. AI other terms,conditions,and exclusions apply. Named Insured: HARDY & HARPER, INC. Policy Number: CAP 3 742 814 Endorsement No.: Policy Period: 04-15-24 to 04-15-25 Endorsement Effective Date: 04/15/2024 Producers Name: BURNHAM WGB INS. SOLUTIONS, LLC Producer Number: 0006705 • 04/1512024 ALM-CREED REPRESENTATIVE DATE • AA 5338(01/22) BITCO GENERAL.INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY EARLY NOTICE OF CANCELLATION PROVIDED BY US THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLO NG: BUSINESS AUTO COVERAGE FORM Common Policy Conditions,A Cancellation,2.is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. TEN ( 10 ) days before the effective date of cancellation if ve cancel for nonpayment of premium;or b. SIXTY (60 ) days before the effective date of cancellation if we cancel for any other reason. Named Insured: HARDY & HARPER, INC. Policy Number: CAP 3 742 814 Endorsement No.: 1 Policy Period: 04-15-24 to 04-15-25 Endorsement Effective Date: 04/15/2024 Producer's Name: BURNHAM WGB INS. SOLUTIONS, LLC Producer Number: 0006705 f>nectda.flea4e 0411512024 AUTHORIZED REPRESENTATIVE DATE CA-5370(01/22) POLICY NUMBER: CLP3742815 Tests FNDORSEIVENT CHANGES THE POLICY. PLEASE READ rT CAREFULLY. TRANSPORTATION CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: CONNERCIAL GENERAL UABILFTY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an X in the box next to the caption of such provision. A X Partnership and Joint Venture Extension N. X Construction Project General Aggregate Limits B. X Contractors Automatic Additional Insured Coverage—Ongoing Operations O. X Fellow Employee Coverage C. X Automatic Waiver of Subrogation P. Property Damage Liability-Elevators D. X Extended Notice of Cancellation, Q. X Care,Custody or Control Nonrenewal R X Electronic Data Liability Coverage E. X Unintentional Failure to Disclose Hazards S. X Consolidated Insurance Program F. X Broadened Mobile Equipment Residual Liability Coverage G. X Personal and Advertising Injury- T. X Automatic Additional Insureds—Managers Contractual Coverage or Lessors of Premises H. X Nonerrployment Discrimination U. X Automatic Additional Insureds—State or Governmental Agency or Political I. X Liquor Liability Subdivisions—Permits or Authorizations J. X Broadened Conditions V. X Contractors Automatic Additional Insured Coverage—Completed Operations K X Automatic Additional Insureds— Equipment Leases W. X Additional Insured—Engineers, Architects or Surveyors L X Suits Against Dredges and Barges • M. X Insured Contract Extension-Railroad Property and Construction Contracts A. PARTNERS-IF AND JOINT VENTURE EXTENSION The following provision is added to SECTION II-WHO IS AN INSURED : The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. GL-3086(1Q/19) -1- is deleted and replaced with the following: Wth respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member,you are an insured,but only with respect to liability arising out of"your work' on behalf of any partnership or joint venture not shown as a Named Insured in the Dedarations, provided no other sirNlar liability insurance is available to you for"your work'In connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOi NG OPERATIONS SECTION II —WHO IS AN INSURED is amended to indude as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodly 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 project(s) designated in the written contract. Wth respect to the insurance afforded to these additional insureds, the following additional exclusions aPPIY: 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 arms 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. This insurance is excess of all other insurance available to the additional insured,whether primary,excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV-CONNERCiAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after ices to impair those rights. At our request,the insured will bring"suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to lass, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of"your work'for that person or organization. GL.-3086(1 N19) -2-