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HomeMy WebLinkAboutVido Artukovich & Son, Inc/Vidmar, Inc., a Joint Venture - 2024-10-22 (2) LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND VIDO ARTUKOVICH& SON,INC/VIDMAR, INC.,A JOINT VENTURE. FOR TEMPORARY USE OF CITY PROPERTY This License Agreement is made and entered into by and between the CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California hereinafter referred to as"CITY,"and Vido Artukovich&Son,Inc/Vidmar,Inc.,a Joint Venture.,hereafter referred to as "LICENSEE." WHEREAS, LICENSEE has applied to CITY for permission to use CITY-owned property, described as follows: APN 142-311-36 Northeast corner of McFadden Ave. and Gothard St., depicted in the map, attached hereto and incorporated herein by reference as Exhibit "A" (the "Property") in the City of Westminster for the purposes of a construction project staging yard; and CITY desires to allow such use as necessary for the purposes stated above in connection with the • Humbolt Sewer Lift Station Replacement Project; and The proposed use of the Property is permitted per the City of Westminster's Temporary Use Permit dated, attached hereto and incorporated herein by reference as Exhibit «B„ . NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged,the parties covenant and agree as follows: 1. PERMISSION. Permission is hereby given to LICENSEE to enter upon and use the Property for the purpose described above. 2. TERM. The term of this License shall be for a period of Twelve (12)months or 30 days past receipt of the project Notice of Completion,whichever comes first upon execution by the City. 3. RENT. In consideration of this License,the LICENSEE shall pay Five Hundred Dollars ($500.00) per month in rent. Rent shall be paid in advance of the lst day of each month, and becomes delinquent on the 10th day of each month. Rent shall be paid to the City of Huntington Beach and can be mailed to: P.O. Box 711,Huntington Beach, CA 92648-0711. 24-14973/347351 1 In addition to Rent, LICENSEE shall pay to the entities entitled thereto all taxes, assessments, insurance premiums, maintenance charges and any other charges, costs and expenses against the Property which may be contemplated under any provision of this License. 4. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify, and hold and save harmless City, its officers, elected or appointed officials, employees, agents, and volunteers against any and all liability, claims, damages, losses, expenses, defense costs, judgments, costs, demands, and consequential damage or liability of any kind,however caused,including those resulting from death or injury. This includes death or injury arising directly or indirectly out of the obligations or operations herein undertaken by LICENSEE, caused in whole or in part by any negligent act, omission, or intentional act of the LICENSEE, any subcontractors/sub LICENSEES, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them are liable, including but not limited to concurrent active or passive negligence or willful misconduct. LICENSEE will conduct all defenses at its sole cost and expense and City shall approve selection of LICENSEE's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by LICENSEE. 5. WORKERS' COMPENSATION INSURANCE. Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges awareness of Section 3700 et seq. of said code,which requires every employer to be insured against liability for - workers' compensation. LICENSEE covenants that it will comply with all such laws and provisions prior to the encroachment onto the Property pursuant to this License. As required by the State of California, LICENSEE shall maintain such Workers' Compensation Insurance per Statutory Limits, and Employer's Liability insurance in an amount of not less than One Million Dollars ($1,000,000)per accident for bodily injury or disease,at all times incident hereto, in forms and underwritten by insurance companies satisfactory to the City. 6. GENERAL LIABILITY INSURANCE. In addition to the workers' compensation and employer's liability insurance and LICENSEE's covenant to defend, hold harmless and indemnify CITY, LICENSEE shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Premises. This policy shall indemnify LICENSEE, its officers, employees and agents 24-14973/347351 2 while acting within the scope of their duties, against any and all claims arising out of or in connection with the License Agreement, and shall provide coverage, on ISO form CG 00 01 or equivalent, in not less than the following amount: combined single limit bodily injury and property damage,including products/completed operations liability and blanket contractual liability,of One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than Two Million Dollars ($2,000,000) for this Agreement. This policy shall name the CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage available to 'the City, which may be applicable to the Agreement, shall be deemed excess coverage and that LICENSEE's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible"or any other similar form of limitation on the required coverage without City approval. LICENSEE shall be for causing all Subcontractors/Sub LICENSEES and/or any other entity using the premises to maintain the same types and limits of insurance coverage as that required of LICENSEE by this Agreement. The insurance provided shall be primary insurance. Excess and/or umbrella coverage will not be accepted in lieu of or as a substitution for General Liability coverage. 7. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED. Prior to the encroachment onto the Property pursuant to this License, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEE'S 24-14973/347351 3 insurance policies, covering both ongoing and completed operations, naming the CITY, its officers,elected or appointed officials,employees,agents, and volunteers as Additional Insureds shall be provided to the CITY for approval prior to the encroachment onto the Property pursuant to this License. If LICENSEE has insurance coverages that exceed or are in addition to the above mentioned coverage, the City is entitled to any and all insurance coverages available to LICENSEE. 8. RELEASE. LICENSEE hereby releases and forever discharges CITY of and from any and all claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE onto the Property. This is a complete and final release and shall be binding upon LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use of the Property. LICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 9. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon the Property or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY. LICENSEE shall make no change in the use of the Property nor shall the design of the Property be changed other than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Property and agrees to indemnify and hold CITY harmless against any such liens including but not limited to the payment of attorneys' fees. 10. MAINTENANCE. LICENSEE agrees to care for and maintain the Property in good and satisfactory condition as acceptable to the CITY. Maintenance shall include daily cleaning of the Property area including but not limited to removal of all weeds, rubbish, food stuffs, paper, bottles, cans, gum, cigarettes, animal litter, dirt and sand. LICENSEE shall keep the Property area reasonably clean and free of debris during its use thereof, and shall restore the Property, as much as reasonably practicable, to its former condition. In the event LICENSEE does not maintain the Property in a satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All 24-14973/347351 4 costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirty (30) days of billing. In the event any damage is caused to the Property, as,a result of the use authorized hereunder, LICENSEE agrees to repair same at its own expense. 11. IMPROVEMENTS. LICENSEE is required to complete the following improvements within five (5) days of the commencement of this Agreement: a. Install crushed aggregate gravel base over the entire Property prior to the storage of vehicles; b. Provide chain link fence covering/screening and regular graffiti abatement over the entire length of the existing chain link fence; and c. Provide, as necessary, improvements to maintain and secure the Property and vehicle storage. Any other proposed improvements must be presented in writing and approved by the CITY in writing prior to installation. 12. ACCESS a) Each party shall provide access to the Property to the other party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week or as designated in permit approvals. CITY represents and warrants that it has full rights of ingress and egress to and from the Property, and hereby grants such rights to Licensee to the extent required for authorized operations. LICENSEE'S exercise of such rights shall not cause undue inconvenience to CITY. All LICENSEE'S operations shall comply with all ordinances, regulations, and laws. b) LICENSEE shall, at its sole cost and expense, maintain and repair the Property and LICENSEE'S Facilities including, but not limited to,chain link fence, the removal of all trash, debris and graffiti. If LICENSEE causes any damage to the Property or to access roadways or other nearby facilities, it shall properly repair same as specified by CITY. c) Upon the expiration or termination of this Agreement, LICENSEE shall surrender the Property to CITY in good and clean condition, less ordinary wear and tear, and as approved in writing by CITY. 13. CONTROL OF EQUIPMENT. LICENSEE shall keep any equipment used or 24-14973/347351 5 brought onto the Property under its absolute and complete control at all times and said equipment shall be used on the Property at the sole risk of LICENSEE. 14. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or undertaken by it on the Property shall be for its sole account and not as an agent, servant or contractor for CITY. 15. HAZARDOUS SUBSTANCE. LICENSEE represents and warrants that its use of the Property herein will not generate any hazardous substance, and it will not store or dispose on the Property nor transport to or over the Property any hazardous substance. LICENSEE further agrees to clean-up and remediate any hazardous substance on the Property, and hold CITY harmless from and indemnify CITY against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of CITY, its employees or agents. "Hazardous substance"shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 16. TERMINATION AND DEFAULT. a.) In the event of any damage, destruction or condemnation of the Premises, which renders the Premises unusable or inoperable in CITY's and LICENSEE'S judgment, LICENSEE shall have the right, but not the obligation, to terminate the License with respect to the Premises by giving written notice to CITY within thirty (30) days after such damage, _ destruction or condemnation, if by virtue of such damage, destruction or condemnation, CITY and LICENSEE determine that the Premises are no longer adequate for LICENSEE to continue its operations, or that any repairs to the Premises necessary for LICENSEE to continue its operations have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. b.) In the event of condemnation, unless LICENSEE is allowed by the condemning authority to continue its operations on the Premises, the License shall terminate as 24-14973/347351 6 of the date title to the Property and/or Premises vests in the condemning authority or LICENSEE is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, LICENSEE's entitlement to any award or payments, if any, shall be limited to relocation benefits afforded to LICENSEE pursuant to State or Federal eminent domain/condemnation laws shall be entitled to any and all awards,payments and relocation benefits afforded to them through local, State or Federal eminent domain / condemnation laws shall not state'the entire award shall be paid to CITY. c.) This License may be terminated on thirty (30) days prior written notice by CITY upon a default by LICENSEE of any covenant or term, material or otherwise, hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of the default, provided that the grace period for any monetary default is fifteen (15) days from receipt of notice. d.) CITY may terminate this License in its sole and absolute discretion at any time upon sixty (60) days prior written notice to the LICENSEE. e.) In the event this License is terminated, LICENSEE shall not be entitled to any relocation rights or benefits and expressly waives such benefits and rights under city, state or federal relocation assistance plans. 17. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign, sublease, collocate or otherwise permit any third party to avail itself of any of the privileges granted hereunder, without the express written permission of CITY. 18. NO TITLE INTEREST. No title interest of any kind is hereby given and LICENSEE shall never assert any claim or title to the Property. 19. NOTICES. All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses shown below: 24-14973/347351 7 CITY: LICENSEE: City of Huntington Beach Vido Artukovich & Son, Inc.Nidmar, Inc. a Attention: Real Estate Manager Joint Venture 2000 Main Street Attention: Mark Artukovich Huntington Beach, CA 92648 11155 Rush Street South El Monte, CA 91733 20. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Property area authorized hereunder, it will not engage in, nor permit its officers, agents or employees to engage in, any discrimination or discriminatory practices against any person based on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. 21. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees. 22. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written_amendment, as may be mutually agreed upon by the parties. (SIGNATURES ON THE FOLLOWING PAGE) 24-14973/347351 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ,?023 October 22, 2024. LICENSEE: CITY: Vido Artukovich & Son, Inc./Vidmar, Inc., CITY OF HUNTINGTON BEACH, a a Joint Venture Municipal Corporation of the State of California By: 't,e- City Manager Vido Artukovich (PURSUANT TO RESOLUTION 2008-30) Print Name APPROVED AS FORM: ITS: (circle one)Chairn PresidenWice President CC, Managing aP rtne� d City orney By: Print Name Receive and File ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer t/44fnv City Clerk /022 Exhibits: A. Assessor's Parcel Map B. City of Westminster TUP 24-14973/347351 9 Exhibit "A" 24-14973/347351 10 THIS MAP WAS PREPARED FOR ORANGE COUNTY ASSESSOR DEPT. PURPOSES,OM Y. POR. SE 1/4. NW 1/4. SEC. 19. T.55.. R.11 W. 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A JV 11155 Rush Street South El Monte, CA 91733 info@artukovich.com Subject: Case No. 2024-0186 - Temporary Use Permit. Temporary construction storage yard on the property identified as Assessor's Parce Number: 142-311-36 (no known address). Dear applicant, Your application for a Temporary Use Permit (Case 2024-0186) for a temporary construction storage yard on the property identified as Assessor's Parcel Number(APN): 142-31136, in the city of Westminster, has been approved subject to compliance with the conditions of approval listed below. Table A—Description of Temporary Use: Date of Temporary Use: 10/23/2024 to 10/23/2025 Hours of Operation: Monday to Friday, 7 a.m.—4:30 p.m. Electrical None Fencing Required. See Conditions of Approval below. Portable Toilets: Required. See Conditions of approval below. Products Sold: None Signs: None • 3 ea. 8x20 lockable storage containers. • Misc. Project Pipe valves and fittings. Staging Area: • Aggregate Rock and Base material. • Cat Backhoe's and Loader. • Cat 335 excavator. Chi Charlie Nguyen Kimberly Ho Amy Phan West Carlos Manzo NamQuan Nguyen Christine Cordon Mawr Vice Mayor Council Member Council Member Council Member City Manager District 3 District I District 2 District 4 • Soil stockpiles from the job site are to be hauled away. Construction pickup trucks. • Dump truck. • Jobsite mobile office trailer. Contact Person: Mark Artukovich; Phone: 626-444-4286 E-mail: info@artukovich.com Conditions of Approval: 1. The subject property shall be developed for the use and in the manner requested and shall be in substantial conformity with the plans as reviewed by the approving body unless revised or modified by the approving body. 2. The temporary use shall be in accordance with Table A—Description of Temporary Use, listed above in this letter, and with the attached diagrams, including but not limited to, the specified hours of operation where the temporary use may occur. 3. The contact person(s) listed on this letter, or their representative, must be available during business hours through the duration of the temporary use. 4. The event shall comply with all federal, state, and local laws. Violation or conviction of any of those laws in connection with the use will be cause for revocation of this permit. In addition, the operator is responsible for ensuring all necessary permits from these agencies are obtained. 5. The applicant shall provide portable toilets per Building code. 6. The temporary use shall be reviewed and approved by the Fire department prior to the occupation of the subject site. 7. Fire department access roads shall remain unobstructed at all times. Do not block and/or cover fire hydrants and fire department connections. All fire lanes shall be maintained with a minimum of 20' wide and 13'6" high clearance. 8. Exit signs and emergency lighting shall be provided. Exit signs and emergency lighting shall not be modified with "aftermarket" switches. 9. The temporary storage areas (the northern storage area is 150' by 100' and the southern storage area is 80' by 100') shall provide security solar lighting to secure all outdoor stored equipment and materials. 10. The temporary storage areas (northern and southern storage areas) shall provide security fencing with perimeter screening such as the chain-link fence with slats. 11. The owner or manager of the event is responsible for immediately notifying the Police Department of disturbances or crimes occurring at the event. This includes the event area and associated parking lot areas. Case No. 2024-0186(TUP) Page 2 of 4 12. An area shall be provided adjoining the entrance to separate pedestrian traffic from vehicular traffic. Said area shall not interfere with the free-flow circulation of the parking lot. Said area shall be delineated to reasonably restrict vehicular encroachment into pedestrian space at the event site. 13. No driveways or access to other properties shall be blocked off by the event. 14. No on-street parking will be provided during the event on McFadden Avenue. This is a primary access street and must be kept clear for emergency services. 15. Queuing on City Street is a common phenomenon and may be expected depending on the attraction of the event. Unobstructed access to the site is essential to relieving the queues that may arise along McFadden Avenue. Under no circumstance shall the applicant obstruct and/or cause roadway travel lanes or public pedestrian walkways, unless an encroachment permit is obtained from the City of Westminster Public Works Department for temporary closures of the public right-of-way. 16. The applicant must restore the subject site to pre-event operating condition at the conclusion of the event. 17. The applicant/property owner (City of Huntington Beach) shall remove all graffiti from the subject property at all times. 18. The applicant/property owner (City of Huntington Beach) shall remove all trash/discarded items from the subject property at all times. 19. The applicant/property owner (City of Huntington Beach) shall remove all overgrown vegetation at all times. 20. Excluding stormwater, any water discharges, including wash water, must remain on-site per the city's Engineering standards. 21. If generators, lights, or electrical wiring are necessary, an electrical permit is required for generators, lights, and electrical wiring. Inspection and approval are required prior to the opening of the event. All equipment is required to be U.L. listed/labeled and installed according to the listing. Please contact the Building Division at (714) 548-3254 to obtain a permit and schedule inspections. 22. Prior to operating the temporary storage yard, the applicant shall obtain a City business license. Please visit https://westminster.hdlgov.com/for more information or contact (657) 622-0222. Indemnification Clause 23. The applicant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Planning Case No. 2024-0186. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same Case No.2024-0186(TUP) Page 3 of 4 be groundless or not, arising out of the City's approval of Planning Case No. 2024-0186, and/or any environmental determination, the applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of Westminster's elected officials, appointed officials, officers, and employees. The "applicant" includes the property owner. If you have questions, please contact me at skim@westminster-ca.gov or (714) 548-3488. Sincerely, Associate Planner Attachments: 1. Approved Site Plan 2. Building Requirements 3. NPDES Requirements cc: Case File 2024-0186 City of Huntington Beach, property owner Case No.2024-0186(TUP) Page 4 of 4 ATTACHMENT 1 Temporary Construction Yard North East Corner Mcfadden And Gothard Apn# 142-311-36 Vido Artukovich &Son Inc/Vidmar Inc A J.V is requesting a Temporary Use Permit from the city of Westminster for a temporary construction yard. The property is owned by Huntington Beach and is located within the city limits of Westminster. VAS/Vidmar is constructing a sewer lift station for the City of HB on Humboldt Island. We request approval For a temporary staging site. Work Hours will be M-F 7am - 4:30 pm. A list of equipment and materials is listed Bellow. A map of said property is also attached. The site will be protected with all applicable BM P's. Staging Area - 3 ea. 8x20 lockable storage containers. - Misc. Project Pipe valves and fittings. - Aggregate Rock and Base material. - Cat Backhoe's and Loader. - Cat 335 excavator. - Soil stockpiles from jobsite to be hauled away. - Construction pick up trucks. - Dump truck - Jobsite mobile office trailer. There will be no onsite construction on said property. Only the storage of Construction Materials. v `, R • 0 • IWO. -1 ' - Pow • L - 1'-,' f'' 7 PROPOSED STORAGE AREAS -150' X 100' AND 80' x 100' <,.mot 1. .3 Pr`- ,....: . i _.. d w4- '°.. t , H. a..,; s ._ am y ,11 , �" " `'-'17 } ' ?' d' _ q . ` t s, .s; r^ — ATTACHMENT 2 CITY OF WESTMINSTER BUILDING DIVISION Design/Preliminary Review Comments Design Review: Case 2024-0186 Plan Reviewer: Justin Nguyen, P.E. Job Address: APN #142-311-36 Date: 09/4/24 CONDITIONS OF APPROVAL 1. Building permit is required for the office trailer. Provide complete site plans showing location of storage items and office trailer. 2. Provide HCD approved number for the trailer, foundation connection details, utility connection details, ...Show accessible path of travel to the trailer. 3. The project shall need a business license and an inspection for NPDES. ATTACHMENT 3 CITY OF WESTMINSTER NPDES COMMENTS Project Temporary Construction Yard Address McFadden /Gothard (APN 142-311-36) Project ID Case 2024-0186 Date 09-04-2024 Prepared by Daniel Hsieh STORM WATER POLLUTION PREVENTION If project is seeking coverage under the CGP, submit a copy of SWPPP to City of Westminster. Temporary construction yard shall be part of the SWPPP. ❖ If project is not covered by CGP, at a minimum, an erosion & sediment control plan with all relevant BMPs shall be submitted and approved prior to issuance of any Building Permits. ❖ Contractor shall obtain business license. For the duration of project, site shall be added to City's Commercial Facility inventory for proper NPDES inspections. , i AC C,RO6 DATE(MMIOD1YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 11/27/2023 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 pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Alliant Insurance Services,Inc. PHONE Lanessa Weatherford FAX 333 S Hope St Ste 3750 AIC,Ne.ExI): (AIL AIC,Not: Los Angeles CA 90071 ADDRESS; Lenessa.Weatherford@alliant.com INSURER(S)AFFORDING COVERAGE NAICS License#:0C36061 INSURER A:Hartford Fire Insurance Compan 19682 INSURED VIDOART•02 INSURER B:Hartford Casualty Insurance Co 29424 Vido Artukovich&Son, Inc.Nldmar,Inc.A JV 11155 Rush St, INSURER c:Sentinel Insurance Company Ltd 11000 South El Monte,CA 91733 INSURER D:Trumbull Insurance Company 27120 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:1723048604 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 SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INS° WVD POLICY NUMBER (MMIDDIYYYY) (MMIDOIYYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 72UEABAOLU4 12/31/2023 12/31/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY $1,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000,000 POLICY X .PI 07 X LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: $ D '-AUTOMOBILE LIABILITY Y Y 72UEAHC8632 12/31/2023 12/31/2024 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per parson) $ OWNED SCHEDULED BODILY INJURY(Per occident $ AUTOS ONLY AUTOS ) HIRED NON.OWNED PROPERTY DAMAGE $ AUTOS ONLY _AUTOS ONLY (Per acctdentt Comp./Coll.Bed. S 1,000 —B X UMBRELLA LIAO X OCCUR Y Y 72HHABAOLWS 12/31/2023 12/31/2024 EACH OCCURRENCE ,$10,000,000 EXCESS LIAB CLAIMS•MAOE AGGREGATE $10,000,000 DED I X RETENTIONS s 1n,enn $ _ C WORKERS COMPENSATION Y 72WEAZT4447 12/31/2023 12/31l2024 X STATUTE ERTH AND EMPLOYERS'LIABILITY YIN ANYPROPRIETORIPARTNERJEXECUTIVE NIA EL.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $1,000,000 'anima OPE RATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Humboldt Sewer Lift Station Replacement City of Huntington Beach,Its officers,elected or appointed officials,employees,agents,and volunteers are na6diditig}�� rrflj EVIOF1Pik L pecls to ' [Ally arising out of work performed by the Named Insured.The insurance provided shall be primary and any other) s r e ma`inn ained by the Additio I In d Is excess and non-contributory.Waiver of Subrogation applies as required by contract,Thirty(30)Days Notice of Cancellation/Non-Renewal—Te (1 s Notice For Non-Payment of Premium. By: MICHAEL.E.GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY OF HUNT1Ntil uN I'3eACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street P.O.Box 190 AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ' I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1 ,1 POLICY NUMBER: 72 UEA BAOLU4 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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 The City of Huntington Beach, its officers,elected or Humbolt Sewer Lift Station Replacement appointed officials,employees, agents and volunteers Humbolt Drive&Wayfarer Lane, Huntington Beach, CA Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 — 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 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" "property damage"occurring after: caused, in whole or in part,by: 1. All work, including materials, parts or equipment 1. Your acts or omissions;or 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 additional insured(s) at the location of the the additional Insured(s) at the location(s) covered operations has been completed;or designated above. 2. That portion of"your work"out of which the injury However: or damage arises has been put to Its Intended 1. The insurance afforded to such additional use by any person or organization other than another contractor or subcontractor engaged In insured only applies to the extent permitted by law;and performing operations for a principal as a part of the same project. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the Insurance afforded to these 2. Available under the applicable Limits of additional Insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. • If coverage provided to the additional insured is This endorsement shall not Increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. 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., 2012 CG 2010 0413 POLICY NUMBER: 72 UEA BAOLU4 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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) Or Organization(s) Location And Description Of Completed Operations The City of Huntington Beach,its officers, elected or Humbolt Sewer Lift Station Replacement- appointed officials, employees,agents and volunteers Humbolt Drive&Wayfarer Lane, Huntington Beach,CA 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 III organization(s) shown in the Schedule, but only —Limits Of Insurance: with respect to liability for "bodily Injury" or If coverage provided to the additional insured is "property damage"caused,in whole or in part,by required by a contract or agreement, the most we will "your work" at the location designated and pay on behalf of the additional insured is the amount of described in the Schedule of this endorsement insurance: performed for that additional Insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of Insurance However: shown in the Declarations; 1. The Insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law;and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office,Inc.,2012 Page 1 of 1 POLICY NUMBER: 72UEABAOLU4 • SECTION II-WHO 1S AN INSURED "volunteer worker" as a consequence 1. If you are designated in the Declarations as: of Paragraph(1)(a)above; a. An Individual, you and your spouse are (c)For which there is any obligation to insureds, but only with respect to the conduct share damages with or repay someone of a business of which you are the sole else who must pay damages because owner. of the Injury described in Paragraphs b. A partnership or joint venture, you are an (1)(a)or(1)(b)above;or Insured. Your members, your partners, and (d)Arising out of his or her providing or their spouses are also insureds, but only with failing to provide professional health respect to the conduct of your business. care services. c. A limited liability company, you are an If you are not in the business of providing insured.Your members are also insureds, but professional health care services: only with respect to the conduct of your (a)Subparagraphs(1)(a),(1)(b)and (1)(c) business. Your managers are insureds, but above do not apply to any "employee" only with respect to their duties as your or"volunteer worker"providing first aid managers. services;and d. An organization other than a partnership,joint (b)Subparagraph (1)(d) above does not venture or limited liability company, you are apply to any nurse,emergency medical an insured. Your "executive officers" and technician or paramedic employed by directors are insureds,but only with respect to you to provide such services. their duties as your officers or directors. Your (2) "Property damage"to property: stockholders are also Insureds, but only with (a)Owned,occupied or used by, respect to their liability as stockholders. e. A trust,you are an insured.Your trustees are (b)Rented to, In the care, custody or also insureds, but only with respect to their control of, or over which physical duties as trustees, control is being exercised for any 2. Each of the following is also an insured: purpose by a. Employees And Volunteer Workers you, any of your "employees", "volunteer workers", any partner or member (if you Your "volunteer workers" only while are a partnership or Joint venture), or any performing duties related to the conduct of member (if you are a limited liability your business, or your "employees", other company). than either your"executive officers"(if you are b. Real Estate Manager an organization other than a partnership, joint Any person (other than your "employee" or venture or limited liability company) or your managers (if you are a limited liability "volunteer worker'), or any organization while company), but only for acts within the scope acting as your real estate manager. of their employment by you or while c. Temporary Custodians Of Your Property performing duties related to the conduct of Any person or organization having proper your business. temporary custody of your property If you die, However, none of these "employees" or but only: "volunteer workers"are Insureds for: (1) With respect to liability arising out of the (1) "Bodily injury"or"personal and advertising maintenance or use of that property;and injury": (2) Until your legal representative has been (a)To you,to your partners or members(if appointed. you are a partnership or joint venture), d. Legal Representative If You Die to your members (if you are a limited Your legal representative if you die, but only liability company), to a co-"employee" with respect to duties as such. That while in the course of his or her representative will have all your rights and employment or performing duties duties under this Coverage Part. related to the conduct of your business, or to your other "volunteer e. Unnamed Subsidiary workers" while performing duties Any subsidiary, and subsidiary thereof, of related to the conduct of your yours which is a legally incorporated entity of business; which you own a financial interest of more (b)To the spouse,child, parent, brother or than 500/0 of the voting stock on the effective sister of that co-"employee" or that date of the Coverage Part. H©00 01 0916 Page 11 of 21 The Insurance afforded herein for any A person or organization is an additional insured subsidiary not named In this Coverage Part under this provision only for that period of time as a named insured does not apply to injury required by the contract or agreement. or damage with respect to which such insured However, no such person or organization is an is also a named insured under another policy insured under this provision if such person or or would be a named Insured under such organization is Included as an insured by an policy but for Its termination or the exhaustion endorsement issued by us and made a part of of its limits of Insurance, this Coverage Part, 3, Newly Acquired Or Formed Organization a. Vendors Any organization you newly acquire or form, Any person(s) or organizations) (referred to other than a partnership, joint venture or limited below as vendor), but only with respect to liability company, and over which you maintain "bodily injury" or "property damage" arising financial Interest of more than 50% of the voting out of"your products"which are distributed or stock, will qualify as a Named Insured if there is sold in the regular course of the vendor's no other similar insurance available to that business and only if this Coverage Part organization. However: provides coverage for "bodily Injury" or a. Coverage under this provision is afforded only "property damage" Included within the until the 180th day after you acquire or form "products-completed operations hazard". the organization or the end of the policy (1) The insurance afforded the vendor is period,whichever is earlier; subject to the following additional b, Coverage A does not apply to "bodily injury" exclusions: or "property damage" that occurred before This insurance does not apply to: you acquired or formed the organization; and (a)'Bodily injury"or"property damage"for c. Coverage B does not apply to "personal and which the vendor is obligated to pay advertising injury" arising out of an offense damages by reason of the assumption committed before you acquired or formed the of liability in a contract or agreement. organization. This exclusion does not apply to 4. Nonowned Watercraft liability for damages that the vendor With respect to watercraft you do not own that is would have in the absence of the less than 51 feet long and is not being used to contract or agreement; carry persons for a charge, any person is an (b)Any express warranty unauthorized by Insured while operating such watercraft with your you; permission. Any other person or organization (c)Any physical or chemical change in the responsible for the conduct of such person is product made intentionally by the also an insured, but only with respect to liability vendor; arising out of the operation of the watercraft, and (d)Repackaging, except when unpacked only if no other insurance of any kind is available solely for the purpose of inspection, to that person or organization for this liability, demonstration, testing, or the However,no person or organization is an insured substitution of parts under Instructions with respect to: from the manufacturer, and then a. "Bodily injury" to a co-"employee" of the repackaged in the original container; person operating the watercraft; or • (e) Any failure to make such inspections, b. "Property damage" to property owned by, adjustments, tests or servicing as the rented to,in the charge of or occupied by you vendor has agreed to make or normally. or the employer of any person who is an undertakes to make in the usual insured under this provision. course of business, in connection with 5. Additional Insureds When Required By the distribution or sale of the products; Written Contract, Written Agreement Or (f) Demonstration, installation, servicing Permit or repair operations, except such The following person(s) or organization(s) are an operations performed at the vendor's additional insured when you have agreed, in a premises in connection with the sale of written contract,written agreement or because of the product; a permit issued by a state or political subdivision, (g) Products which, after distribution or that such person or organization be added as an sale by you, have been labeled or additional insured on your policy, provided the relabeled or used as a container, part injury or damage occurs subsequent to the or ingredient of any other thing or execution of the contractor agreement, substance by or for the vendor;or Page 12of21 HG00010916 (h)"Bodily injury; or "property damage" omissions of those acting on your behalf; arising out of the sole negligence of the (1) In connection with your premises;or vendor for its own acts or omissions or (2) In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf exclusion does not apply to: (i)The exceptions in Sub- With respect to the insurance afforded these paragraphs(d)nor(f);containedr additional Insureds, the following additional exclusion applies: (ii) Such Inspections, adjustments, This Insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury"arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including: with the distribution or sale of the products. 1. The preparing, approving, or failing to (2) This insurance does not apply to any prepare or approve, maps,shop drawings, opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, or any Ingredient, part or container, specifications;or entering into, accompanying or containing 2. Supervisory, inspection, architectural or such products. engineering activities. b. Lessors Of Equipment This exclusion applies even if the claims (1) Any person(s) or vrganization(s) from against any insured allege negligence or whom you lease equipment; but only with other wrongdoing in the supervision, hiring, whom to their liabilityqp forn"bodily o Injury",y with employment, training or monitoring of others reby that Insured, if the "occurrence" which "property damage" or "personal and caused the "bodily injury" or "property advertising inJury" caused, in whole or in part, damage", or the offense which caused the by your maintenance, operation or use of equipment leased to you by such "personal and advertising injury",involved the person(s)ef u er quipment l atsed t. rendering of or the failure to render any professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this Insurance Subdivisions does not apply to any "occurrence" which Any state or political subdivision,but only with takes place after the equipment lease respect to operations performed by you or on expires, your behalf for which the state or political c. Lessors Of Land Or Premises subdivision has issued a permit. Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this Insurance does not to liability arising out of the ownership, apply to: - maintenance or use of that part of the land or premises leased to you. (1) "Bodily injury", "property damage" or "personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality;or exclusions apply: (2) "Bodily injury" or "property damage" This insurance does not apply to: Included within the "products-completed 1. Any "occurrence" which takes place after operations hazard". you cease to lease that land;or f. Any Other Party 2. Structural alterations, new construction or Any other person or organization who is not demolition operations performed by or on an additional insured under Paragraphs a. behalf of such person or organization. through e. above, but only with respect to d. Architects,Engineers Or Surveyors liability for "bodily injury", "property damage" Any architect, engineer, or surveyor, but only or"personal and advertising injury"caused,in with respect to liability for "bodily injury", whole or in part, by your acts or omissions or "property damage" or "personal and the acts or omissions of those acting on your advertising injury"caused, In whole or in part, behalf: by your acts or omissions or the acts or (1) In the performance of your ongoing operations; H0 00 01 0916 Page 13 of 21 (2) In connection with your premises owned No person or organization Is an insured with respect by or rented to you;or to the conduct of any current or past partnership, (3) In connection wish "your work" and joint venture or limited liability company that is not Included within the "products-completed shown as a Named Insured In the Declarations. operations hazard",but only if SECTION IiI-LIMITS OF INSURANCE (a)The written contract or agreement 1. The Most We Will Pay requires you to provide such coverage The Limits of Insurance shown in the to such additional insured;and Declarations and the rules below fix the most we (b)This Coverage Part provides coverage will pay regardless of the number of: for"bodily injury" or"property damage" a. Insureds; included within the "products- completed operations hazard". b. Claims made or"suits"brought;or However c. Persons"or organizations making claims or (1) The insurance afforded to such additional bringing suits insured only applies to the extent 2. General Aggregate Limit permitted by law;and The General Aggregate Limit Is the most we will (2) If coverage provided to the additional pay for the sum of: insured is required by a contract or a. Medical expenses under Coverage C; agreement,the Insurance afforded to such b. Damages under Coverage A, except additional Insured will not be broader than damages because of "bodily injury" or that which you are required by the contract "property damage" included in the "products- or agreement to provide for such completed operations hazard";and additional Insured. c. Damages under Coverage B. With respect to the insurance afforded to 3. Products-Completed Operations Aggregate these additional Insureds,this insurance does Limit not apply to: "Bodily injury", "property damage" or The Products-Completed Operations Aggregate "personal and advertising injury"arising out of Limit Is the most we will pay under Coverage A the rendering of, or the failure to render, any for damages because of "bodily injury" and professional architectural, engineering or property damage" included in the "products- professional services,including: completed operations hazard". (1) The preparing, approving, or failing to 4. Personal And Advertising injury Limit prepare or approve, maps,shop drawings, Subject to 2. above, the Personal and opinions, reports, surveys, field orders, Advertising injury Limit is the most we will pay change orders or drawings and under Coverage B for the sum of ail damages specifications; or because of all "personal and advertising injury" (2) Supervisory, inspection, architectural or sustained by any one person or organization. engineering activities, 6. Each Occurrence Limit This exclusion applies even if the claims Subject to 2. or 3. above, whichever applies, the against any insured allege negligence or Each Occurrence Limit is the most we will pay for other wrongdoing in the supervision, hiring, the sum of: employment, training or monitoring of others a. Damages under Coverage A;and by that insured, if the "occurrence" which b. Medical expenses under Coverage C caused the "bodily injury" or "property damage", or the offense which caused the because of all "bodily injury" and "property "personal and advertising Injury",involved the damage"arising out of any one"occurrence". rendering of or the failure to render any 6. Damage To Premises Rented To You Limit professional services by or for you. Subject to 5. above, the Damage To Premises The limits of insurance that apply to additional Rented To You Limit is the most we will pay insureds Is described in Section III - Limits Of under Coverage A for damages because of Insurance. "property damage" to any one premises, while How this Insurance applies when other insurance rented to you, or In the case of damage by fire, is available to the additional insured is described lightning or explosion, while rented to you or in the Other Insurance Condition in Section IV - temporarily occupied by you with permission of Commercial General Liability Conditions. the owner. Page 14of21 HGti00010916 In the case of damage by fire, lightning or b. Notice Of Claim explosion, the Damage to Premises Rented To If a claim is made or"suit" Is brought against You Limit applies to all damage proximately any insured, you or any additional insured caused by the same event, whether such must: • damage results from fire, lightning or explosion (1) Immediately record the specifics of the or any combination of these. claim or"suit"and the date received; and 7. Medical Expense Limit Subject to 5,above,the Medical Expense Limit Is (2) Notify us as soon as practicable. the most we will pay under Coverage C for all You or any additional insured must see to It medical expenses because of "bodily injury" that we receive written notice of the claim or sustained by any one person. "suit"as soon as practicable. 8. How Limits Apply To Additional Insureds c. Assistance And Cooperation Of The if you have agreed in a written contract or written Insured agreement that another person or organization You and any other involved Insured must: be added as an additional insured on your policy, (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal Insured is the lesser of: papers received In connection with the a. The limits of Insurance specified in the written claim or"suit', contract or written agreement;or (2) Authorize us to obtain records and other b. The Limits of Insurance shown in the information; Declarations. (3) Cooperate with us in the Investigation or Such amount shall be a part of and not in settlement of the claim or defense against addition to Limits of insurance shown in the the"suit"; and Declarations and described in this Section. (4) Assist us, upon our request, in the The Limits of Insurance of this Coverage Part apply enforcement of any right against any person separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, insured because of Injury or damage to starting with the beginning of the policy period which this insurance may also apply. shown In the Declarations, unless the policy period d. Obligations At The Insureds Own Cost Is extended after issuance for an additional period of No Insured will, except at that insured's own less than 12 months. In that case, the additional cost, voluntarily make a payment, assume period will be deemed part of the last preceding any obligation, or incur any expense, other period for purposes of determining the Limits of than for first aid,without our consent. Insurance. e. Additional Insureds Other Insurance SECTION IV - COMMERCIAL GENERAL ' LIABILITY CONDITIONS If we cover a claim or "suit" under this Coverage Part that may also be covered by 1. Bankruptcy other insurance available to an additional Bankruptcy or insolvency of the Insured or of the insured, such additional Insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part. defense and indemnity. 2. Duties In The Event Of Occurrence, Offense, However,this provision does not apply to the Claim Or Suit extent that you have agreed in a written a. Notice Of Occurrence Or Offense contract or written agreement that this You or any additional insured must see to it Insurance is primary and non-contributory that we are notified as soon as practicable of with the additional insured's own Insurance. an "occurrence" or an offense which may f. Knowledge Of An Occurrence, Offense, result in a claim. To the extent possible, Claim Or Suit notice should include: Paragraphs a. and b. apply to you or to any (1) How,when and where the"occurrence"or additional insured only when such offense took place; "occurrence",offense, claim or"suit"is known (2) The names and addresses of any injured to: persons and witnesses;and (1) You or any additional Insured that is an (3) The nature and location of any injury or individual; damage arising out of the"occurrence" or (2) Any partner, if you or the additional offense, Insured is a partnership; HG 00 01 0910 Page 16 of 21 ' I (3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company; That is insurance purchased by you to (4) Any "executive officer' or Insurance cover your liability as a tenant for manager,if you or the additional insured is "property damage" to premises rented to a corporation; you or temporarily occupied by you with (5) Any trustee, if you or the additional permission of the owner; insured 1s a trust;or (4) Aircraft,Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos"or watercraft to the subdivision or public entity. extent not subject to Exclusion g, of This duty applies separately to you and any Section I-Coverage A- Bodily Injury And additional Insured. Property Damage Liability; 3. Legal Action Against Us (5) Property Damage To Borrowed Equipment Or Use Of Elevators No person or organization has a right under this If the loss arises out of"property Coverage Part: damage" a. To join us as a party or otherwise bring us to borrowed equipment or the use of into a "suit" asking for damages from an elevators to the extent not subject to Exclusion j. of Section 1 - Coverage A - insured; or Bodily injury And Property Damage b. To sue us on this Coverage Part unless all of Liability; Its terms have been fully compiled with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment Any other insurance available to you against an insured; but we will not be liable for covering liability for damages arising out damages that are not payable under the terms of of the premises or operations, or products this Coverage Part or that are in excess of the and completed operations, for which you applicable limit of insurance. An agreed have been added as an additional insured settlement means a settlement and release of by that insurance;or liability signed by us, the insured and the claimant or the claimant's legal representative, (7) When You Add Others As An 4. Other Insurance Additional Insured To This Insurance If other valid and collectible Insurance is Any other insurance available to an additional insured. available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our However,the following provisions apply to obligations are limited as follows: other insurance available to any person or a. Primary Insurance organization who is an additional insured under this coverage part. This insurance is primary except when b. below applies. If other insurance is also (a)PrimaryInsurance When Required primary, we will share with all that other By Coonntract insurance by the method described in c. This insurance is primary if you have below. agreed in a written contract or written b. Excess Insurance agreement that this insurance be primary. If other insurance is also This Insurance is excess over any of the other primary, we will share with all that Insurance, whether primary, excess, other insurance by the method contingent or on any other basis: described in c.below. (1) Your Work (b)Primary And Non-Contributory To That is Fire,Extended Coverage,Builder's Other Insurance When Required By Risk, installation Risk or similar coverage Contract for"your work"; if you have agreed in a written (2) Premises Rented To You contract, written agreement, or permit is fire, lightning or explosion that this insurance is primary and non- Thatcontributory with the additional insurance for premises rented to you or insured's own insurance,this insurance temporarily occupied by you with is primary and we will not seek permission of the owner; contribution from that other Insurance. Page 16of21 HG00010916 , Paragraphs (a) and (b) do not apply to computation, and send us copies at such other insurance to which the additional times as we may request. • insured has been added as an additional 8, Representations Insured, a. When You Accept This Policy When this Insurance is excess, we will have By accepting this policy,you agree: no duty under Coverages A or B to defend the insured against any "suit" if any other (1) The statements In the Declarations are • insurer has a duty to defend the insured accurate and complete; against that"suit", If no other insurer defends, (2) Those . statements are based upon we will undertake to do so, but we will be representations you made to us;and entitled to the insured's rights against all (3) We have issued this policy in reliance those other Insurers. upon your representations. When this Insurance is excess over other b. Unintentional Failure To Disclose Hazards insurance, we will pay only our share of the amount of the loss, if any, that exceeds the if unintentionally you should fail to disclose all sum of: hazards relating to the conduct of your (1) The total amount that all such other business that exist at the inception date of insurance would pay for the loss in the this Coverage Part, we shall not deny absence of this insurance; and coverage under this Coverage Part because (2) The total of all deductible and self-insured of such failure, amounts under all that other insurance. 7. Separation Of Insureds We will share the remaining loss, If any, with Except with respect to the Limits of Insurance, any other insurance that Is not described in and any rights•or duties specifically assigned in • this Excess Insurance provision and was not this Coverage Part to the first Named Insured, bought specifically to apply In excess of the this insurance applies: Limits of insurance shown in the Declarations a. As if each Named Insured were the only of this Coverage Part. Named Insured;and c. Method Of Sharing b. Separately to each insured against whom If all of the other Insurance permits claim is made or"suit"Is brought. • contribution by equal shares, we will follow 8. Transfer Of Rights Of Recovery Against this method also. Under this approach each Others To Us insurer contributes equal amounts until It has a. Transfer Of Rights Of Recovery paid its applicable limit of insurance or none of the loss remains,whichever comes first. if the insured has rights to recover all or part If any-of the other insurance does not permit of any payment, including Supplementary • contribution by equal shares, we will Payments, we have made under this contribute by limits. Under this method, each Coverage Part, those rights are transferred to insurer's share is based on the ratio of its us. The insured must do nothing after loss to applicable limit of insurance to the total impair them. At our request, the insured will applicable limits of insurance of all insurers. bring "suit" or transfer those rights to us and S. Premium Audit help us enforce them. a. We will compute all premiums for this b. Waiver Of Rights Of Recovery (Waiver Of Coverage Part in accordance with our rules Subrogation) and rates. If the Insured has waived any rights of b. Premium shown in this Coverage Part as recovery against any person or organization advance premium Is a deposit premium only. for all or part of any payment, including At the close of each audit period we will Supplementary Payments, we have made compute the earned premium for that period under this Coverage Part, we also waive that and send notice to the first Named Insured. right, provided the insured waived their rights The due date for audit and retrospective of recovery against such person or premiums Is the date shown as the due date organization in a contract, agreement or on the bill. If the sum of the advance and permit that was executed prior to the injury or audit premiums paid for the policy period is damage. greater than the earned premium, we will 9. When We Do Not Renew return the excess to the first Named insured. If we decide not to renew this Coverage Part,we c. The first Named Insured must keep records of will mail or deliver to the first Named Insured the information we need for premium shown in the Declarations written notice of the HG00010916 Page 17of21 • POLICY NUMBER: 72UEAHC8632 COMMERCIAL AUTOMOBILE HA99160312 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow In your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. -WHO IS AN INSURED -of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under'a written However, the Named Insured does not agreement if: include any subsidiary that is an "insured" under any other automobile (1) The agreement requires you to policy or would be an "insured" under provide direct primary Insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The"auto"is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. -WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement,that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an"insured",but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or"property damage" caused injury" or"property damage"that results by the conduct of an "insured"under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered"auto." Paragraph A.1. -WHO IS AN INSURED -of SECTION tI - LIABILITY COVERAGE is amended to add: ©2011,The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional Insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If .other insurance is also If you have agreed In a written contract primary, we will share with all that other insurance by the method described In or written agreement that another Other insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs(3) and (4)do not apply to other in addition to Limits of Insurance shown Insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other insurance When this insurance is excess, we will have no duty to defend the insured against any suit' If If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers, to the other Insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss If you have agreed In a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 2 of 5 • If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto"at the time of the "loss" insurance, and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of"loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to"autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or "auto"is: lease; and carry-over balances from previous (1) $100,000; loans or teases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to"loss"caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible Insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage EXCLUSIONS -of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered"auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered"auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs(1)and(2)above;or ©2011,The Hartford(Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc.,with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc. company policy or coverage form that Is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident",the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment(other than equipment designed solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss", is: an "accident"applies only when the"accident"is known to: (1) Permanently installed in or upon (1) You,if you are an individual; the covered "auto" in a housing, opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS Integral part of that equipment;or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the Inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A.-COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that If the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "bodily injury" or "property damage" is "auto"to you. determined in a"suit,"the"suit" is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011,The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, . The definition of "bodily injury" In SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to , "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. , internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2, of the COMMON POLICY combustion engine and one or more electric - CANCELLATION - applies motors to move the auto, or the internal CONDITIONS except a follows: combustion engine to charge one or more electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mall or deliver to the first Named Insured written notice of In the event of a total loss to an"auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the"auto", In the event of a total loss to a "non-hybrid"auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid"auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 5 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEA ZT4447 Endorsement Number: Effective Date: 12/31/23 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: VIDO ARTUKOVICH&SON INC 11155 RUSH ST SOUTH EL MONTE CA 91733 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/21/22 Policy Expiration Date: 12/31/23