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Home My WebLink AboutSouthern California Building Services, Inc. - 2024-10-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SOUTHERN CALIFORNIA BUILDING SERVICES,INC. FOR CLEANING SERVICES AT CENTRAL LIBRARY 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 Southern California Building Services, Inc., hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of special cleaning services. 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 Wiley,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. 24-15243/353115 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 Dollars 0,.00)during the term of this Agreement. 4-34 Do0.06) 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 /D/O 1/ay, 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. 24-15243/353115 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, 24-15243/353115 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. 24-15243/353115 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment 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. 24-15243/353115 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 Southern California Building Services Attn: Director of Comm. &Library Services Attn: Mike Wiley 2000 Main Street 1780 E. McFadden Avenue, Suite 113 Huntington Beach, CA 92648 Santa Ana, CA 92705 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. 24-15243/353115 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; 24-15243/353115 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. 24-15243/353115 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 parry'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. 24-15243/353115 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 SOUTHERN CALIFORNIA BUILDING municipal corporation of the State of SERVICES C. i o is • By: al 4 ... Mayor Print name ITS: (circle one) Chairm resident/ 2040t) ¢ Vice President City Clerk /02"/j c� AND By: INITIATED AND APPROVED: rint name IT . circle one) Secre • / •'ef Financial Officer/Asst. Secretary irector of C ity & Library Services APPROVED AS F .• City Attorney r VIEWED AND APPROVED: City Manager' 24-15243/353115 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Specific cleaning services for Central Library B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: • Monthly Steam Cleaning of stone pavers at the Central Library drive up circle • Monthly Steam Cleaning of paver walkway at the Central Library Theatre entrance • One-Time window cleaning and Pressure Wash of Helen Murphy Branch Library; • One-Time window cleaning and Pressure Wash of Main Street Branch Library; • One-Time window cleaning and Pressure Wash of Oak View Branch Library; • One-Time window cleaning of.Banning Branch Library C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-15243/353115 11 EXHIBIT "B" Payment Schedule(Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the.following progress and payment schedules. • $415/Monthly — Steam cleaning of stone pavers at the Central Library drive up circle • $130/Monthly— Steam cleaning of paver walkway at the Central Library Theatre entrance. • $730 — One time fee for window cleaning and pressure wash of Helen Murphy Branch Library. • $2,095 — One time fee for window cleaning and pressure wash of Main Street Branch Library. • $1,310 — One time fee for window cleaning and pressure wash of Oakview Library Branch; and • $170 -one time fee for window cleaning of Banning Branch Library 2. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations, and other documentation prepared by CONSULTANT may be required to be submitted to the CITY to.demonstrate progress towards completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific requirements for satisfactory completion. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons-for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the 24-15243/353115 12 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. 3. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. All extra work or additional services will be in accordance with the extra work or additional services and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. • 24-15243/353115 13 /� I-,, —...."41 SOUTCAL-13 TERRYHILL '4�Ro TE(151M/DDNYYY) CERTIFICATE OF LIABILITY INSURANCE DA1/31/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONNTACT PRODUCER NAME; NFP Property&Casualty Services,Inc. p Y PHONE,Exq:(714)505-5550 I FAX No):(714)975-8966 1551 North Tustin Avenue E-MAIL Suite 500 gQDR_ --__---___-- ------------_._.._. Santa Ana,CA 92705 INSURER(S)AFFORDING COVERAGE NAIC a INSURER A:Employers Mutual Casualty Company 21415 INSURED INSURER B:National Union Fire Insurance Company of Pittsburgh,PA 19445 Southern California Building Services,Inc. INSURER C 1780 East McFadden Suite 113 INSURER D: Santa Ana,CA 92705 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVO IMMIDDIYYYYI IMMIDD/YYYYI 1,000,000 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S `---- DAMAGE TO RENTED 500,000 1 CLAIMS-MADE X OCCUR X �( 5X25117-25 2/1/2024 21112025 PREMISES(Ea occurence) S MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY S 1,000,000 _GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 �- POLICY[X I El, Li LOC PRODUCTS-COMP/OP AGG s 2,000,000 OTHER. $ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY (Ea sodden) S_..._._. _.... _._ X ANY AUTO X X 5X25117-25 2/1/2024 2/1/2025 BODILY INJURY(Per person) $ _ OWNED SCHEDULED AUTOSR ONLY AUTOS W p BODILY INJURY(Per accident) S X. AUTOS ONLY _X_ AUUTOS ONLY (Perracddentj AMAGE $ X S1,000 Comp Dcd x S1,000 Coll Dcd $ B UMBRELLA LIAB X OCCUR EACH OCCURRENCE s 5,000,000 X EXCESS LIAB CLAIMS-MADE BE 019197262 2/1/2024 2/1/2025 AGGREGATE $ 5,000,000 DED 1 X RETENTIONS 0 Prod-Completd $ 5,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ If es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Leased/Rented Equip 5X25117-25 2/1/2024 2/1/2025 Limit 25,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) RE:7000 Norma Power washing and steam cleaning City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are I 1 d't'o�rw,��.y��ry°as e is to the General Liability per forms CG7193.1,Completed OPs,Primary&Non Contributory included and Auto form CthT� aW r of SuBfo'gTtidil ii ci p General Liability form CG7578(06-17)and Auto Elite Form CA7450. By: MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION 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 Huntington Beach,CA 92648-2702 AUTHORIZED REPRESENTATIVE Mckwidu I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy/1 5X25117 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS INCLUDING COMPLETED OPERATIONS - PRIMARY AND NONCONTRIBUTORY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Huntington Beach, its officers,elected or appointed officials,employees,agents and volunteers Project: Location Of Project: Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. Available under the applicable Limits of include as an additional insured the person(s) or Insurance shown in the Declarations; organization(s) shown in the Schedule, but only whichever is less. with respect to liability arising out of "your work" performed for that additional insured by or for you This endorsement shall not increase the applicable at the location designated and described in the Limits of Insurance shown in the Declarations. Schedule of this endorsement. C. The following is added to the Other Insurance However: Condition and supersedes any provision to the 1. The insurance afforded to such additional contrary: insured only applies to the extent permitted by Primary and Noncontributory Insurance law; and This insurance is primary to and will not seek 2. If coverage provided to the additional insured is contribution from any other insurance available to required by a contract or agreement, the an additional insured under your policy provided insurance afforded to such additional insured that: will not be broader than that which you are (1) The additional insured is a Named Insured required by the contract or agreement to under such other insurance; and provide for such additional insured. (2) You have agreed in writing in a contract or B. With respect to the insurance afforded to these agreement that this insurance would be primary additional insureds, the following is added to and would not seek contribution from any other Section III—Limits Of Insurance: insurance available to the additional insured. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or CG7193.1(10-13) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1 Policy#5X25117-24 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS INCLUDING COMPLETED OPERATIONS - PRIMARY AND NONCONTRIBUTORY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Project: Location Of Project: Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. Available under the applicable Limits of include as an additional insured the person(s) or Insurance shown in the Declarations; organization(s) shown in the Schedule, but only whichever is less. with respect to liability arising out of "your work" performed for that additional insured by or for you This endorsement shall not increase the applicable at the location designated and described in the Limits of Insurance shown in the Declarations. Schedule of this endorsement. C. The following is added to the Other Insurance However: Condition and supersedes any provision to the 1. The insurance afforded to such additional contrary: insured only applies to the extent permitted by Primary and Noncontributory Insurance law; and This insurance is primary to and will not seek 2. If coverage provided to the additional insured is contribution from any other insurance available to required by a contract or agreement, the an additional insured under your policy provided insurance afforded to such additional insured that: will not be broader than that which you are (1) The additional insured is a Named Insured required by the contract or agreement to under such other insurance;and provide for such additional insured. (2) You have agreed in writing in a contract or B. With respect to the insurance afforded to these agreement that this insurance would be primary additional insureds, the following is added to and would not seek contribution from any other Section III—Limits Of Insurance: . insurance available to the additional insured. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or CG7193.1(10-13) Includes copyrighted material of ISO Properties,Inc.with its permission. Page i of t Policy No.:5X25117-24 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT OR AGREEMENT INCLUDING COMPLETED OPERATIONS - PRIMARY AND NONCONTRIBUTORY This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section II — Who Is An Insured is amended to surveys, field orders, change orders or drawings include as an additional insured: and specifications; or 1. Any person or organization for whom you are b. Supervisory, inspection, architectural or performing operations when you and such engineering activities. person or organization have agreed in writing in This exclusion applies even if the claims against a contract or agreement that such person or aOillbured a negityVhce or wrongdoing organization be added as an additional insured inigiRa,supery hif{Hrtemplo , training or on your policy; and monitoring of others by the insured, if the 2. Any other person or organization you are "occurrence" which caused the "bodily injury" or required to add as an additional insured under "property damage",or the offense which caused the the contract or agreement described in "personal and advertising injury", involved the Paragraph 1.above. rendering of, or the failure to render, any Such person(s) or organization(s) is an additional . professional architectural, engineering or surveying insured only with respect to liability for "bodily services. injury", "property damage" or "personal and C. With respect to the insurance afforded to these advertising injury"caused, in whole or in part, by: additional insureds, the following is added to a. Your acts or omissions; or Section iII—Limits Of Insurance: b. The acts or omissions of those acting on The most we will pay on behalf of the additional your behalf; insured is the amount of insurance: in the performance of: 1. Required by the contract or agreement a. your ongoing operations for the additional described in Paragraph A.1.;or insured; or 2. Available under the applicable Limits of b. "Your work" for the additional insured and insurance shown in the Declarations; included in the "products — completed whichever is less. operations hazard". This endorsement shall not increase the applicable However, the insurance afforded to such additional Limits of Insurance shown in the Declarations. insured described above: D. The following is added to the Other Insurance a. Only applies to the extent permitted by law; Condition and supersedes any provision to the and contrary: b. Will not be broader than that which you are Primary and Noncontributory Insurance required by the contract or agreement to This insurance is primary to and will not seek provide for such additional insured. contribution from any other insurance available to B. With respect to the insurance afforded to these an additional insured under your policy provided additional insureds, the following additional that: exclusion applies: (1) The additional insured is a Named Insured This insurance does not apply to "bodily injury," under such other insurance;and "property damage" and "personal and advertising (2) You have agreed in writing in a contract or injury" arising out of the rendering of, or the failure agreement that this insurance would be primary to render, any professional architectural, and would not seek contribution from any other engineering or surveying services including: insurance available to the additional insured. a. The preparing, approving, or failing to prepare E. All other terms and conditions of this policy remain or approve maps, shop drawings, opinions, reports, unchanged. • CG7174.3(10-13) Includes copyrighted material of ISO Properties,Inc.with Its permission. Page 1 oft I / Policy No.:5X25117-24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i"; AMENDMENT—AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your projects away from premises owned by or rented to you. • Includes copyrighted material of Insurance Services Office,Inc.with its permission. Form CG7429(Ed. 11-98) Copyright,Insurance Services Office, Inc.,1984 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part.Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 Policy No.:5X25117-24 • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • GENERAL LIABILITY ELITE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage.The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY The aggregate limit listed above is the most we will Section 1—Coverage A, Exclusion a. is amended pay for all damages because of"property damage" as follows: to property in the care custody and control of or a. "Bodilyinjury" or "property dama e" ex acted property loaned to an insured during the policy 9 p period. or intended from the standpoint of an insured. This exclusion does not apply to "bodily injury" Any payment we make for damages because of or "property damage" resulting from the use of and"property of damage"property loan d to in can insured will reasonable force to protect persons or property. apply against the General Aggregate Limit shown in B. NON-OWNED WATERCRAFT the declarations. Section I — Coverage A, Exclusion g.(2) is b. Our obligation to pay damages on your behalf amended as follows: applies only to the amount of damages in (2) A watercraft you do not own that is: excess of the deductible amount listed above. (a) Less than 60 feet long; and We may pay any part or all of the deductible amount listed above. We may pay any part or (b) Not being used to carry person(s) or all of the deductible amount to effect settlement property for a charge; of any claim or "suit" and upon notification by C. EXTENDED PROPERTY DAMAGE COVERAGE us, you will promptly reimburse us for that part Section 1—Coverage A, Exclusions j.(3)and(4) is of the deductible we paid. amended to add the following: c. If two or more coverages apply under one Paragraphs (3) and (4) of this exclusion do not "occurrence", only the highest per claim apply to tools or equipment loaned to you, provided deductible applicable to these coverages will they are not being used to perform operations at apply. the time of loss. d. Insurance provided by this provision is excess over any other insurance, whether primary, SCHEDULE excess, contingent or any other basis. Since Limits Of Insurance Deductible insurance provided by this endorsement is excess, we will have no duty to defend any $5,000 Each Occurrence $250 Per Claim claim or "suit" to which insurance provided by $10,000 Annual Aggregate this endorsement applies if any other insurer has a duty to defend such a claim or"suit". If a. The each occurrence limit listed above is the no other insurer defends, we will undertake to most we will pay for all damages because of do so, but we will be entitled to the insured's "property damage" to property in the care, rights against all those other insurers. custody and control of or property loaned to an D. PROPERTY DAMAGE—ELEVATORS insured as the result of any one "occurrence", regardless of the number of: Section I—Coverage A.2. Exclusions paragraphs j.(3), j.(4), j.(6) and k. do not apply to use of 1 (1) insureds; elevators. This insurance afforded by this provision (2) claims made or"suits"brought; is excess over any valid and collectible property (3) persons or organizations making claims or insurance (including any deductible) available to [ bringing"suits". the insured and Section IV—Commercial General , Liability Conditions Paragraph 4. Other Insurance is changed accordingly. , t h CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with Its permission. Page 1 of 6 4 i j ' • E. FIRE,LIGHTNING OR EXPLOSION DAMAGE a. Currently in effect or becomes effective Except where it is used in the term "hostile fire", the during the policy period;and word fire includes fire, lightning or explosion wherever b. Executed prior to an "occurrence" or it appears in the Coverage Form. offense to which this insurance would Under Section I — Coverage A, the last paragraph apply. (after the exclusions)is replaced with the following: However, the insurance afforded to such Exclusions c. through n. do not apply to damage by additional insured: fire, smoke or leakage from automatic fire protection a. Only applies to the extent permitted by law; systems to premises while rented to you or and temporarily occupied by you with permission of the • b. Will not be broader than that which you are owner. A separate limit of insurance applies to this required by the contract or agreement to coverage as described in Section IiI — Limits of Insurance. provide for such additional insured; and F. MEDICAL PAYMENTS c. Applies only if the person or organization is If Section 1 — Coverage C. Medical Payments not specifically named as an additional g y insured under any other provision of, or Coverage is not otherwise excluded from this endorsement added to, Section II — Who Coverage Form: Is An Insured of this policy. The requirement, in the Insuring Agreement of 2. As provided herein, the insurance coverage Coverage C., that expenses must be incurred and provided to such additional insureds is limited reported to us within one year of the accident date is to: changed to three years. a. Any Controlling Interest, but only with G. SUPPLEMENTARY PAYMENTS respect to their liability arising out of their . Supplementary Payments Coverages A and B financial control of you; or premises they Paragraphs 1.b. and 1.d. are replaced by the own, maintain, or control while you lease or following: occupy these premises. 1.b.Up to $5,000 for cost of bail bonds required This insurance does not apply to structural because of accidents or traffic law violations alterations, new construction and arising out of the use of any vehicle to which the demolition operations performed by or for Bodily Injury Liability Coverage applies. We do that person or organization. not have to furnish these bonds. b. Any architect, engineer, or surveyor 1.d.All reasonable expenses incurred by the insured engaged by you but only with respect to at our request to assist us in the investigation or liability for "bodily injury", "property defense of the claim or "suit", including actual damage" or "personal and advertising loss of earnings up to $500 a day because of injury" caused, in whole or in part, by your time off from work. acts or omissions or the acts or omissions H. SUBSIDIARIES AS INSUREDS of those acting on your behalf: Section II—Who Is An insured is amended to add (1) in connection with your premises; or the following: (2) In the performance of your ongoing 1.f. Any legally incorporated subsidiary in which you operations. own more than 50% of the voting stock on the With respect to the insurance afforded to effective date of this policy. However, insured these additional insureds, the following does not include any subsidiary that is an insured additional exclusion applies: under any other general liability policy, or would This insurance does not apply to "bodily have been an insured under such a policy but for injury", "property damage"or"personal and termination of that policy or the exhaustion of that advertising injury" arising out of the policy's limits of liability. rendering of or the failure to render any I. BLANKET ADDITIONAL INSUREDS — AS professional services by or for you, REQUIRED BY CONTRACT including: 1. Section 11 —Who is An Insured is amended to (1) The preparing, approving, or failing to include as an additional insured any person(s) or prepare or approve, maps, shop organization(s)subject to provisions in Paragraph drawings, opinions, reports, surveys, 2. below, (hereinafter referred to as additional field orders, change orders or drawings insured) when you and such person(s) or and specifications;or organization(s) have agreed in a written contract or written agreement that such person(s) or (2) Supervisory, inspection,architectural or organization(s) be added as an additional insured engineering activities. on your policy provided that the written contract or agreement is: CG7578(6-17) Includes copyrighted material of iSO Properties,Inc.with its permission. Page 2 of 6 .i 1 This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or (a) "Bodily injury", "property damage"or other wrongdoing in the supervision, hiring, "personal and advertising injury" employment, training or monitoring of arising out of operations performed others by that insured, if the "occurrence" for the federal government, state or which caused the "bodily injury" or municipality;or "property damage", or the offense which caused the "personal and advertising (b) "Bodily injury" or "property damage" '• injury", involved the rendering of or the included within the "products- failure to render any professional services completed operations hazard". by or for you. e. Any vendor, but only with respect to 'bodily c. Any manager or lessor of a premises injury" or "property damage" arising out of leased to you, but only with respect to "your products" which are distributed or sold liability arising out of the ownership, in the regular course of the vendor's maintenance or use of that part of a business. premises leased to you, subject to the With respect to the insurance afforded to following additional exclusions: these vendors, the following additional This insurance does not apply to: exclusions apply: (1) Any "occurrence" which takes place (1) The insurance afforded any vendor does after you cease to be a tenant in that not apply to: premises. (a) "Bodily injury" or "property damage" (2) Structural alterations, new construction for which any vendor is obligated to or demolition operations performed by pay damages by reason of the or on behalf of such additional insured. assumption of liability in a contract or agreement. This exclusion does not d. Any state or governmental agency or apply to liability for damages that any subdivision or political subdivision, subject to vendor would have in the absence of the following: the contract or agreement; (1) This insurance applies only with respect (b) Any express warranty unauthorized to the following hazards for which any by you; state or governmental agency or subdivision or political subdivision has (c) Any physical or chemical change in issued a permit or authorization in the product made intentionally by connection with premises you own, rent any vendor; or control and to which this insurance (d) Repackaging, except when applies: unpacked solely for the purpose of (a) The existence, maintenance, repair, inspection, demonstration, testing, construction, erection or removal of or the substitution of parts under advertising signs, awnings, instructions from the manufacturer, canopies, cellar entrances, coal and then repackaged in the original holes, driveways, manholes, container; marquees, hoist away openings, (e) Any failure to make such sidewalk vaults, street banners or inspections, adjustments, tests or decorations and similar exposures; servicing as any vendor has or agreed to make or normally (b) The construction, erection or undertakes to make in the usual removal of elevators;or course of business, in connection (c) The ownership, maintenance or use with the distribution or sale of the products; of any elevators covered by this insurance. (f) Demonstration, installation, servicing or repair operations, (2) This insurance applies only with respect except such operations performed to operations performed by you or on at any vendor's premises in your behalf for which any state or connection with the sale of the governmental agency or subdivision or product; political subdivision has issued a permit or authorization. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for any vendor; or CG7578(6-17) Includes copyrighted material of ISO Properties,Inc.with its permission, Page 3 of 6 fi (h) "Bodily injury" or "property A person's or organization's status as an damage" arising out of the sole additional insured under this endorsement negligence of any vendor for its ends when their contract or agreement with own acts or omissions or those of you for such leased equipment ends. its employees or anyone else With respect to the insurance afforded to acting on its behalf. However, this these additional insureds, this insurance exclusion does not apply to: does not apply to any "occurrence" which (I) The exceptions contained in takes place after the equipment lease Subparagraphs(d)or(f);or expires. (ii) Such inspections, adjustments, I. Any Owners, Lessees, or Contractors for tests or servicing as any whom you are performing operations, but vendor has agreed to make or only with respect to liability for "bodily normally undertakes to make in injury", "property damage"or"personal and the usual course of business, advertising injury" caused, in whole or in in connection with the part, by: distribution or sale of the (1) Your acts or omissions;or products. (2) The acts or omissions of those acting (2) This insurance does not apply to any on your behalf; insured person or organization, from whom you have acquired such in the performance of your ongoing products, or any ingredient, part or operations for the additional insured. container, entering into, accompanying A person's or organization's status as an or containing such products. additional insured under this endorsement f. Any Mortgagee, Assignee Or Receiver, but ends when your operations for that only with respect to their liability as additional insured are completed. mortgagee, assignee, or receiver and With respect to the insurance afforded to arising out of the ownership, maintenance, these additional insureds,the following or use of the premises by you. additional exclusions apply: This insurance does not apply to structural This insurance does not apply to: alterations, new construction and demolition operations performed by or for (1) "Bodily injury", "property damage" or that person or organization. "personal and advertising injury"arising g. Any Owners Or Other Interests From out of the rendering of, or the failure to render, any professional architectural, Whom Land Has Been Leased, but only with respect to liability arising out of the engineering or surveying services, ownership, maintenance or use of that part including: of the land leased to you. (a) The preparing, approving, or failing to the insurance afforded to to prepare or approve, maps, shop With respect drawings, opinions, reports, these additional insureds,the following surveys, field orders, change additional exclusions apply: orders or drawings and (1) This insurance does not apply to: specifications;or (a) Any "occurrence" which takes (b) Supervisory, inspection, place after you cease to lease that architectural or engineering land; or activities. (b) Structural alterations, new This exclusion applies even if the claims construction or demolition against any insured allege negligence or operations performed by or on other wrongdoing in the supervision, hiring, `': behalf of such additional insured. employment, training or monitoring of h. Any person or organization from whom you others by that insured,"bodilyif the "occurrence" lease equipment, but only with respect to which caused the injury" or "property damage", or the offense which liability for "bodily injury", "property caused the "personal and advertising damage" or "personal and advertising injury" caused, in whole or in part by your injury", involved the rendering of or the failure to render any professional maintenance, operation or use of architectural, engineering or surveying equipment leased to you by such person(s) or organization(s). services. (2) "Bodily injury" or "property damage" occurring after: 4 CG7578(6.17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 6 . (a) Ail work, including materials, parts This endorsement shall not increase the or equipment furnished in applicable Limits of Insurance shown in the connection with such work, on the Declarations. project (other than service, J. COVERAGE FOR INJURY TO CO-EMPLOYEES maintenance or repairs) to be AND1OR YOUR OTHER VOLUNTEER WORKERS performed by or on behalf of the additional insured(s) at the location Section lI—Who is an Insured,Paragraph 2.a.(1)is of the covered operations has been amended to add the following: completed; or e. Paragraphs(a),(b),and (c)do not apply to your (b) That portion of "your work" out of "employees"or"volunteer workers"with respect which the injury or damage arises to "bodily injury" to a co-"employee" or other has been put to its intended use by "volunteer worker". any person or organization other Damages owed to an injured co-"employee" or than another contractor or "volunteer worker" will be reduced by any subcontractor engaged in amount paid or available to the injured co- performing operations for a "employee" or "volunteer worker" under any principal as a part of the same other valid and collectible insurance. project. K. HEALTH CARE SERVICE PROFESSIONALS AS j. Any Grantor of Licenses to you, but only INSUREDS-INCIDENTAL MALPRACTICE with respect to their liability as grantor of Section II —Who is an Insured, Paragraph 2.a. (1) licenses to you. (d)is amended as follows: Their status as additional insured under This provision does not apply to Nurses, Emergency this endorsement ends when: Medical Technicians, or Paramedics who provide 1. The license granted to you by such professional health care services on your behalf. person(s)or organization(s)expires;or However this exception does not apply if you are in 2. Your license is terminated or revoked the business or occupation of providing any such by such person(s) or organization(s) professional services. prior to expiration of the license as L. NEWLY FORMED OR ACQUIRED stipulated by the contract or ORGANIZATIONS agreement. k. Any Grantor of Franchise, but only with Section II —Who is An Insured, Paragraph 3.a. is respect to their liability as grantor of a replaced by the following: franchise to you. 3.a. Coverage under this provision is afforded until I. Any Co-owner of Insured Premises, but the end of the policy period. only with respect to their liability as co- This provision does not apply if newly formed or owner of any insured premises. acquired organizations coverage is excluded either by m. Any Concessionaires Trading Under Your the provisions of the Coverage Form or by endorsements. Name, but only with respect to their liability as a concessionaire trading under your M. DAMAGE TO PREMISES RENTED TO YOU name. Section III — Limits of Insurance, Paragraph 6. is 3. Any insurance provided to any additional replaced by the following: insured does not apply to "bodily injury", Subject to 5.a. above, the Damage To Premises "property damage"or"personal and advertising Rented To You Limit, or $500,000, whichever is injury" arising out of the sole negligence or higher, is the most we will pay under Coverage A for willful misconduct of the additional insured or its damages because of "property damage" to any one agents, "employees" or any other premises, while rented to you, or in the case of representative of the additional insured. damage by fire, smoke or leakage from automatic 4. With respect to the insurance afforded to these protection systems,while rented to you or temporarily additional insureds, the following is added to occupied by you with permission of the owner. Section III—Limits of Insurance: N. MEDICAL PAYMENTS—INCREASED LiMITS If coverage provided to any additional insured Section III - Limits of Insurance, Paragraph 7. is is required by a contract or agreement, the replaced by the following: most we will pay on behalf of the additional 7. Subject to Paragraph 5. above, $10,000 is the insured Is the amount of insurance: Medical Expense Limit we will pay under a. Required by the contract or agreement; or Coverage C for all medical expenses because of b. Available under the applicable Limits of "bodily injury" sustained by any one person, ' Insurance shown in the Declarations; unless the amount shown on the Declarations of whichever is less. this Coverage Part for Medical Expense Limit states: { CG7578(6-17) Includes copyrighted material of iSO Properties,inc,with its permission. Page 5 of 6 (a) No Coverage;or (2) You have agreed in writing in a contract or i agreement that this insurance would be primary (b) $1,000; or and would not seek contribution from any other (c) $5,000; or insurance available to the additional insured. (d) A limit higher than$10,000. However, if the additional insured has been O. DUTIES IN THE EVENT OF OCCURRENCE, added as an additional insured on other OFFENSE,CLAIM OR SUIT policies,whether primary, excess, contingent or on any other basis, this insurance is excess Section IV — Commercial General Liability over any other insurance regardless of the Conditions Paragraph 2. is amended to add the written agreement between you and an following: additional insured. e. The requirement in Condition 2.a.that you must Q. UNINTENTIONAL FAILURE TO DISCLOSE see to it that we are notified as soon as EXPOSURES practicable of an "occurrence" or an offense which may result in a claim, applies only when Section IV — Commercial General Liability the"occurrence"or offense is known to: Conditions Paragraph 6. Representations is amended to add the following: (1) You, if you are an individual or a limited If you unintentionally fail to disclose any exposures liability company; existing at the inception date of your policy,we will not (2) A partner, if you are a partnership; deny coverage under the Coverage Form solely (3) A member or manager, if you are a limited because of such failure to disclose. However, this liability company; provision does not affect our right to collect additional premium or exercise our right of cancellation or non- (4) An "executive officer" or insurance renewal. manager, if you are a corporation; or (5) A trustee, ifyou are a trust. This provision does not apply to any known injury or damage which is excluded under any other f. The requirement in Condition 2.b. that you provision of this policy. must see to it that we receive notice of a claim R. WAIVER OF TRANSFER OF RIGHTS OF or "suit" as soon as practicable will not be RECOVERY AGAINST OTHERS TO US considered breached unless the breach occurs after such claim or"suit" is known to: Section IV — Commercial General Liability (1) You, if you are an individual or a limited Condition Paragraph 8. Transfer Of Rights Of liability company; Recovery Against Others To Us is amended to add the following: (2) A partner,if you are a partnership; We waive any right of recovery we may have (3) A member or manager, if you are a limited against any person or organization against whom liability company; you have agreed to waive such right of recovery in (4) An "executive officer" or insurance a written contract or agreement because of manager, if you are a corporation;or payments we make for injury or damage arising out i (5) A trustee, if you are a trust. of your ongoing operations or "your work" done P. PRIMARY AND NONCONTRIBUTORY under a contract with that person or organization ADDITIONAL INSURED EXTENSION and included in the"products completed operations hazard". Section IV — Commercial General Liability S. MENTAL ANGUISH Conditions Paragraph 4. Other Insurance is amended to add the following: Section V—Definition 3.is replaced by the following: This insurance is primary to and will not seek "Bodily injury" means bodily injury, sickness or contribution from any other insurance available to disease sustained by a person, including mental an additional insured under your policy provided anguish or death resulting from bodily injury, that: sickness or disease. (1) The additional insured is a Named Insured T. LIBERALIZATION under such other insurance; and If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. ( CG7578(6.17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 6 of 6 ( • Policy#5X25117-24 • COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage.With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL C. EMPLOYEES AS INSUREDS DAMAGE The following is added to the Section li—Covered Section I—Covered Autos Paragraph C. Certain Autos Liability Coverage, Paragraph A.1.Who Is Trailers, Mobile Equipment, and Temporary An Insured provision: Substitute Autos is amended. by adding the Any"employee"of yours is an "insured"while using following: a covered "auto" you don't own, hire or borrow in If Physical Damage Coverage is provided by this your business or your personal affairs. coverage form for an "auto" you own, the Physical D. EMPLOYEE HIRED AUTOS Damage Coverages provided for that owned I. Changes In Covered Autos Liability "auto" are extended to any "auto" you do not own g while used with the permission of its owner as a Coverage temporary substitute for the covered "auto" you The following is added to the Who Is An own that is out of service because of breakdown, Insured provision: repair, servicing,"loss"or destruction. An "employee" of yours is an "insured" while The coverage provided is the same as the operating an "auto" hired or rented under a coverage provided for the vehicle being replaced. contract or agreement in an "employee's" B. AUTOMATIC ADDITIONAL INSUREDS name, with your permission, while performing The Who Is An Insuredprovision under Covered duties related to the conduct of your business: 2. Changes In General Conditions Autos Liability Coverage is changed to include the following as an"insured": Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form 1. Where Required by a Contract or Agreement is replaced by the following: the following is added: For Hired Auto Physical Damage Coverage,the The Who Is An Insured provision contained in the following are deemed to be covered "autos" Business Auto Coverage Form is amended to you own: add the following: a. Any covered "auto" you lease, hire, rent or Any person or organization whom you become borrow;and obligated to include as an additional insured under this policy, as a result of any contract or agreement b. Any covered "auto" hired or rented by your you enter into which requires you to furnish "employee" under a contract in an insurance to that person or organization of the type "employee's" name, with your permission, provided by this policy, but only with respect to while performing duties related to the liability covered by the terms of this policy, arising conduct of your business. out of the use of a covered "auto" you own, hire or However, any"auto"that is leased, hired, rented or borrow and resulting from the acts or omissions by borrowed with a driver is not a covered"auto". you, any of your "employees" or agents. The E. NEWLY FORMED OR ACQUIRED insurance provided herein will not exceed: ORGANIZATIONS (1) The coverage and/or limits of this policy,or Section II — Covered Autos Liability Coverage, (2) The coverage and/or limits required by said A.1.Who Is An Insured is amended by adding the contract or agreement, following: whichever is less. ( CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 5 Any organization which you acquire or form after I. TOWING the effective date of this policy in which you Section III — Physical Damage Coverage, A.2. maintain ownership or majority interest.However: Towing is replaced with the following: (1) Coverage under this provision is afforded only We will pay for towing and labor costs incurred, up to 180 days after you acquire or form the subject to the following: organization, or to the end of the policy period, a. Up to $100 each time a covered "auto" of. the whichever is earlier. private passenger type is disabled; or (2) Any organization you acquire or form will not be considered an"insured"if: b. Up to $500 each time a covered "auto" other than the private passenger type is disabled. (a) The organization is a partnership or a joint venture; or However, the labor must be performed at the place of disablement. (b) That organization is covered under other similar insurance. J LOCKSMITH SERVICES (3) Coverage under this provision does not apply Section III — Physical Damage Coverage, A.4. to any claim for "bodily injury" or "property Coverage Extensions is amended by adding the damage" resulting from an "accident" that following: occurred before you formed or acquired the We will pay up to $250 per occurrence for organization. necessary locksmith services for keys locked inside F. SUBSIDIARIES AS INSUREDS a covered private passenger "auto". The deductible is waived for these services. Section II — Covered Autos Liability Coverage, A.1.Who Is An Insured is amended by adding the K. TRANSPORTATION EXPENSES following: Section III — Physical Damage Coverage, A.4. Any legally incorporated subsidiary in which you Coverage Extensions Subparagraph a. own more than 50% of the voting stock on the Transportation Expenses is replaced by the effective date of this policy. However, "insured" following: does not include any subsidiary that is an "insured" (1) We will pay up to$75 per day to a maximum of under any other automobile liability policy or was an $2,500 for temporary transportation expense "insured" under such a policy but for termination of incurred by you because of the total theft of a that policy or the exhaustion of the policy's limits of covered "auto" of the private passenger type. liability. We will pay only for those covered "autos" for G. SUPPLEMENTARY PAYMENTS which you carry either Comprehensive or Specified Cause Of Loss Coverage. We will Section II — Covered Autos Liability Coverage, pay for temporary transportation expenses A.2.a. Coverage Extensions, Supplementary incurred during the period beginning 48 hours Payments (2) and (4) are replaced by the after the theft and ending, regardless of the following: policy's expirations, when the covered "auto" is (2) Up to $5,000 for cost of bail bonds (including returned to use or we pay for its"loss". bonds for related traffic law violations)required (2) If the temporary transportation expenses you because of an "accident"we cover. We do not incur arise from your rental of an "auto" of the have to furnish these bonds. private passenger type, the most we will pay is (4) All reasonable expenses incurred by the the amount it costs to rent an "auto" of the "insured" at our request, including actual loss of private passenger type which is of the same earnings up to $500 a day because of time off like kind and quality as the stolen covered kg from work. "auto". H. FELLOW EMPLOYEE COVERAGE L. AUDIO, VISUAL, AND DATA ELECTRONIC In those jurisdictions where, by law, fellow EQUIPMENT COVERAGE ADDED LIMITS employees are not entitled to the protection Audio, Visual, And Data Electronic Equipment afforded to the employer by workers compensation Coverage Added Limits of$5,000 Per"Loss"are in g exclusivity rule, or similar protection. The following addition to the sublimit in Paragraph C.1.b. of the i i provision is added: Limits Of Insurance provision under Section III — Physical Damage Coverage. Subparagraph 5. of Paragraph B. Exclusions in Section II — Covered Autos Liability Coverage M. HIRED AUTO PHYSICAL DAMAGE does not apply if the "bodily injury" results from the Section III — Physical Damage Coverage, A.4. use of a covered"auto"you own or hire. Coverage Extensions is amended by adding the i following: i l o` CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 5 If hired "autos" are covered "autos" for Liability O. PERSONAL PROPERTY OF OTHERS Coverage, and if Comprehensive, Specified Section III — Physical Damage Coverage, A.4. Causes of Loss, or Collision coverage is provided Coverage Extensions is amended by adding the for any"auto" you own, then the Physical Damage following: coverages provided are extended to "autos" you We will pay up to$500 for loss to personal property hire,subject to the following limit and deductible; of others in or on your covered"auto." (1) The most we will pay for loss to any hired This coverage applies only in the event of"loss" to "auto" is the lesser of Actual Cash Value or your covered "auto" caused by fire, lightning, Cost of Repair,minus the deductible. explosion, theft, mischief or vandalism, the covered (2) The deductible will be equal to the largest "auto's"collision with another object, or the covered deductible applicable to any owned "auto" for "auto's"overturn. that coverage. No deductible applies to "loss" No deductibles apply to this coverage. caused by fire or lightning. (3) Subject to the above limit and deductible P. PERSONAL EFFECTS COVERAGE provisions, we will provide coverage equal to Section III — Physical Damage Coverage, A.4. the broadest coverage applicable to any Coverage Extensions is amended by adding the covered"auto"you own.: following: We will pay up to$1,000, in addition to the limit We will pay up to $500 for "loss" to your personal above, for loss of use of a hired auto to a effects not otherwise covered in the policy or, if you leasing or rental concern for a monetary loss are an individual, the personal effects of a family sustained, provided it results from an"accident" member,that is in the covered auto at the time of the for which you are legally liable. "loss". However, any"auto"that is leased, hired, rented or For the purposes of this extension personal effects borrowed with a driver is not a covered"auto". means tangible property that is worn or carried by an insured including portable audio, visual, or electronic N. AUTO LOAN OR LEASE COVERAGE devices. Personal effects does not include tools, Section III — Physical Damage Coverage jewelry, guns, money and securities, or musical Paragraph A.4.Coverage Extensions is amended instruments by the addition of the following: Q. EXTRA EXPENSE FOR STOLEN AUTO In the event of a total "loss" to a covered "auto" Section III — Physical Damage Coverage, A.4. which is covered under this policy for Coverage Extensions is amended by adding the Comprehensive, Specified Cause of Loss, or following: Collision coverage, we will pay any unpaid amount We will pay up to $1,000 for the expense incurred due, including up to a maximum of $500 for early returning a stolen covered "auto" to you because of termination fees or penalties, on the lease or loan the total theft of such covered "auto". Coverage for a covered"auto", less: applies only to those covered "autos" for which you 1. The amount paid under the Physical Damage carry Comprehensive or Specified Causes Of Loss Coverage Section of the policy;and Coverage. 2. Any: R. RENTAL REIMBURSEMENT a. Overdue lease/loan payments at the time Section Ill — Physical Damage Coverage, A.4. of the"loss'; Coverage Extensions is amended by adding the following: b. Financial penalties imposed under a lease 1, This coverage applies only to a covered"auto"for for excessive use, abnormal wear and tear which Physical Damage Coverage Is provided or high mileage; on this policy. c. Security deposits not returned by the 2. We will pay for rental reimbursement expenses lessor; incurred by you for the rental of an "auto" d. Costs for extended warranties, Credit Life because of"loss" to a covered "auto". Payment insurance, Health, Accident or Disability applies in addition to the otherwise applicable Insurance purchased with the loan or lease; amount of each coverage you have on a covered and "auto".No deductibles apply to this coverage. e. Carry-over balances from previous loans or 3. We will pay only for those expenses incurred leases. during the policy period beginning 24 hours Coverage does not apply to any unpaid amount after the "loss" and ending, regardless of the due on a loan for which the covered "auto" is not policy's expiration, with the lesser of the the sole collateral. following number of days. II; CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with Its permission. Page 3 of 5 a. The number of days reasonably required to For the purposes of this coverage extension a new repair or replace the covered "auto". If covered auto is defined as an "auto"of which you are "loss" is caused by theft, this number of the original owner that has not been previously titled days is added to the number of days it which you purchased less than 180 days prior to the takes to locate the covered "auto" and date of loss. return it to you;or U. LOSS TO TWO OR MORE COVERED AUTOS b. 30 days. FROM ONE ACCIDENT 4. Our payment is limited to the lesser of the Section III — Physical Damage Coverage, D. following amounts: Deductible is amended by adding the following: a. Necessary and actual expenses incurred; If a Comprehensive, Specified Causes of Loss or Collision Coverage"loss"from one"accident"involves or two or more covered "autos", only the highest b. $75 per day,subject to a$2,250 limit. deductible applicable to those coverages will be 5. This coverage does not apply while there are applied to the"accident". spare or reserve "autos" available to you for If the application of the highest deductible is less your operations. favorable or more restrictive to the insured than the 6. If"loss" results from the total theft of a covered separate deductibles as applied in the standard form, "auto" of the private passenger type, we will the standard deductibles will apply. pay under this coverage only that amount of This provision only applies if you carry your rental reimbursement expenses which is Comprehensive, Collision or Specified Causes of not already provided for under the Physical Loss Coverage for those vehicles, and does not Damage — Transportation Expense Coverage extend coverage to any covered"autos"for which you Extension included in this endorsement. do not carry such coverage. 7. Coverage provided by this extension is excess V. WAIVER OF DEDUCTIBLE — GLASS REPAIR OR over any other collectible insurance and/or REPLACEMENT endorsement to this policy. Section III — Physical Damage Coverage, D. S. AIRBAG COVERAGE Deductible is amended by adding the following: Section III — Physical Damage Coverage, B.3.a: if a Comprehensive Coverage deductible is shown in Exclusions is amended by adding the following: the Declarations it does not apply to the cost of If you have purchased Comprehensive or Collision repairing or replacing damaged glass. Coverage under this policy, the exclusion relating to . W. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, mechanical breakdown does not apply to the SUIT,OR LOSS accidental discharge of an airbag. Section IV — Business Auto Conditions, A.2. T. NEW VEHICLE REPLACEMENT COST Duties In The Event Of Accident, Claim, Suit Or The following is added to Paragraph C. Limit Of Loss is amended by adding the following: Insurance of Section III — Physical Damage Your obligation to notify us promptly of an "accident", Coverage claim, "suit" or "loss" is satisfied if you send us the In the event of a total"loss"to your new covered auto required notice as soon as practicable after your of the private passenger type or vehicle having a Insurance Administrator or anyone else designated by you to be responsible for insurance matters is notified, gross vehicle weight of 20,000 pounds or less, to or in any manner made aware,of an"accident",claim, which this coverage applies, we will pay at your "suit"or"loss". option: a. The verifiable new vehicle purchase price you X. WAIVER OF TRANSFER OF RIGHTS OF paid for your damaged vehicle, not including any RECOVERY insurance or warranties. Subparagraph 5. of Paragraph A. Loss Conditions b. The purchase price, as negotiated by us, of a of Section IV — Business Auto Conditions is new vehicle of the same make, model, and deleted in its entirety and replaced with the following. equipment, or most similar model available, not. Transfer Of Rights Of Recovery Against Others including any furnishings, parts, or equipment not To Us installed by the manufacturer or their dealership. If any person or organization to or for whom we c. The market value of your damaged vehicle, not make payment under this• Coverage Form has including any furnishings, parts, or equipment not rights to recover damages from another, those installed by the manufacturer or their dealership. rights are transferred to us. That person or We will not pay for initiation or set up costs associated organization must do everything necessary to secure our rights and must do nothing after with a loans or leases. "accident"or"loss"to impair them. CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 5 However, we waive any right of recovery we may Z. MENTAL ANGUISH have against any person, or organization with Section V — Definitions, C. is replaced by the whom you have a written contract, agreement or following: permit executed prior to the "loss" that requires a "Bodily injury' means bodily injury, sickness or waiver of recovery for payments made for damages disease sustained by a person, including mental arising out of your operations done under contract anguish or death resulting from bodily injury, sickness with such person or organization. or disease. Y. UNINTENTIONAL FAILURE TO DISCLOSE AA. LIBERALIZATION EXPOSURES If we revise this endorsement to provide greater Section IV — Business Auto Conditions, B.2. coverage without additional premium charge, we will Concealment, Misrepresentation, Or Fraud is automatically provide the additional coverage to all amended by adding the following: endorsement holders as of the day the revision is If you unintentionally fail to disclose any exposures. effective in your state. existing at the inception date of this policy,we will not deny coverage under this Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. CA7450(11-17) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 5 of 5 fc .1(- CERTHOLDER COPY SP STATE COMPFNEATION P.O. BOX 8192, PLEASANTON, CA 94588 INSURANC E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-20-2024 GROUP: POLICY NUMBER: 9039152-2024 CERTIFICATE ID: 616 CERTIFICATE EXPIRES: 01-01-2025 01-01-2024/01-01-2025 CITY OF HUNTINGTON BEACH SP 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. " r.--/,/ Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2024 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. APPROVED AS TO FORM MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH EMPLOYER SOUTHERN CALIF BUILDING SERVICES, INC. SP 1780 E MCFADDEN AVE STE 113 SANTA ANA CA 92705 [W1,SPj (REv.7-2014) PRINTED : 08-20-2024