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HomeMy WebLinkAboutGold Coast Environmental - 2024-11-25 (2) AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GOLD COAST ENVIRONMENTAL FOR TESTING AND CALIBRATION OF URBAN RUNOFF DIVERSION STATIONS THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "City," and GOLD COAST ENVIRONMENTAL, hereinafter referred to as "Contractor." WHEREAS, City and Consultant are parties to that certain agreement, dated November 25, 2024, entitled "Service Agreement Between the City of Huntington Beach and Gold Coast Environmental for Testing and Calibration of Urban Runoff Division Stations"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Contractor at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Contractor an additional sum not to exceed Forty Thousand Dollars ($40,000.00). The additional sum shall be added to the original sum of Forty Thousand Dollars ($40,000.00), for a new contract amount not to exceed Eighty Thousand Dollars ($80,000.00). 25-16346/376383 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on Vf , 2025. GOLD COAST ENVIRONMENTAL CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one) Chairma i'residen ice President May AND %VW. City lerk 5 By: INITIATED AND AP ROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS TO FORM: 1 City Attorney 25-16346/376383 2 .4/;:rr.. T ® UATE(M(VODIYYYY) Ac v CERTIFICATE OF LIABILITY INSURANCE 11/14/202.4 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 lho certificate holdalls.an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,sublet(to the terms and conditions of the policy,certain policies may require an.Cl lorsemont. A statement on this certificate does not confer rights to the'certificate holder In lieu of such endorsement(s). CONTACT Julie•Padilla PRODUCER NAME: Stanton and Associates Inc. PHONE (805)413.1487 FAX (NC,t1o.Est): (NC,No): ISU Stanton&Associates E-MAl Julle©lsus(anton.com ADDRESS: 3625 Thousand Oaks Blvd i1292 INSURER(S)AFFORDING COVERAGE NAIL If Westlake Village CA 91362 INSURER A: Ohio Security Insurance Company 24082 INSURED INSURER a: American Fire:and Casually Company 24066 Gold Coast Environmental Inc INSURER C: Hartford Casualty Insurance Company 29424 1868 Palma Dr Ste I INSURER D: • INSURER E: • - Ventura CA 93003 • INSURER F•: COVERAGES CERTIFICATE NUMBER: 24-25 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMEN7;: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 AUDL'SUNN POLICY EFF' POLICY EXP•- LIMITS LIR iYPEOFINSURANCli INSD WV() POLICY NUMeER WY(MMIDDYY) (MMIDDTYYYY) X COMMERCIAL GENERALLIABILiTY ' EACH OCCURRENCE $ 1,000'000 DAMAGE 10 RENTED .500000 CLAIMS-MADE X OCCUR - PREMISES(Ea occurrence) $ , • MED EXP(Any ono person) $ 15,000 A BKS58169596 10/04/2024 10/04/2025 •PERSONALBADVINJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ,GENERALAGGREGATE $ 2,000,000 POLICYI�PRO- Lam.. PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER:I"1 JEC'r Experience Mod Factor 1 $ AUTOMOBILE LIABILITY C(Eact/dean GLELIMIi $ 1,000,000 (Ea • X ANY AUTO BODILY INJURY(Per person) $ A — OWNED —SCHEDULED BAS56169596 10/04/2024 10/04/2025 BODILY INJURY(Per accident) S AUTOS ONLY _ AUTOS pROPERTYOAi(AGE • HIRED NON-OWNED PR PERTY) $ AUTOS ONLY r AUTOS ONLY Uninsured motorist $ 1,000,000 X UMBRELLA LUB rX OCCUR EACH OCCURRENCE $ 4,000,000 B EXCESS UAB CLAMS-MADE' ESA56169596 10/04/2024 10/04)2025 AGGREGATE S.4,000,000 DED X RETENTION S 0 1 $ WORKERS COMPENSATION X ST TUTE I ER L • - AND EMPLOYERS'LIABILITY Y►N. 1,000,000 ANY PROPRIETORIPARTNER,EXECUTNE I'y 1 NiA 72WECLZtits24 90/04/2024 10I04J2025 E.L.EACH ACCIDENT $ C: OFFICERftIEMDEREXCLUDEO?- I I - 1000000 (Mandatory In NH) EL.DISEASE-EAEMPLOYEE $ •,• , Ilyos,describe under E,LDISEASE-POLICYLI\Sfi $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Romallts Schedule,may be attached If more space Is required) CIty of Huntington Beach;Its officers,elected or appointed officials,employees,agents,and volunteers are named as addillonal Insured as per form CO 88 62 0413&CO 8810 0413, Al Auto AC 85 43 0618.WC Waiver of Subrogation per form WC 00 0313&WC 04 03(18111 1 *Igy- r Cee rp(8Qi>.„ except 10 Day Notice for Non-Payment of Premium' V;M CHtAENL NE GA TBESE CHCITYfiITIGfi NEY 7 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, • Alin Director of PubIlc.Wo)ks AUTHORIZED REPRESENTATIVE 2000 Main Street Huntington Beach CA 92648 - ,,. ©1988-201s ACORD CORPORATION. All rights reserved. ACORD 25(2010103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:BKS56169596 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION ==a This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): x CITY OF HUNTINGTON BEACH 2000 Main Street m 1 r"--" HUNTINGTON BEACH, CA 92648 Locations) Of Covered Operations Huntington Beach 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 Include as an additional insured the person(s) these additional insureds, the following addi- or organization(s) shown in the Schedule, but tional exclusions apply: only with respect to liability for "bodily in- This insurance does not apply to "bodily in- jury", "property damage" or "personal and jury" or" property damage" occurring after: advertising injury" caused, in whole or in 1. All work, including materials, parts or part, by: equipment furnished in connection with 1. Your acts or omissions; or such work, on the project (other than ser- 2. The acts or omissions ,of those acting on vice, maintenance or repairs) to be per- your behalf; formed by or on behalf of the additional in the performance of your ongoing oper- ations insured(s) at the location of the covered for the additional insured(s) at the lo- operations has been completed; or cation(s) designated above. 2. That portion of "your work" out of which However: the injury or damage arises has been put to its intended use by any person or or- 1. The insurance afforded to such additional Insured only applies to the extent permit- ganization other than another contractor ins Ins re law; and or subcontractor engaged in performing tedbyoperations for a principal as a part of the 2, If coverage provided to the additional in- same project. sured Is required by a contract or agree- ment, 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 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional Insureds, the following Is added to Section III •Limits Of Insurance: 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 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. i a Page 2 of 2 0 Insurance Services Office, Inc., 2012 CO 20 10 04 13 Policy#: BKS56169596 COMMERCIAL GENERAL LIABILITY • CG 85 84 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESiGNATED OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s): E CITY OF HUNTINGTON BEACH 2000 Main Street m � or�., HUNTINGTON BEACH, CA 92648 Location And Description Of Completed Operations: Project (Urban Runoff Diversions) 4-days Huntington Beach (Information required to complete this Schedule, if not shown above, will be shown In the Declarations.) A. Paragraph 2. under Section iI -Who is An Insured Is amended to include as an insured any person or organization shown In the Schedule, whom you have agreed to add as an additional in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or"property damage": 1. Caused by "your work" performed for that additional insured that Is the subject of the written contract or written agreement and at the location designated in and described In the Schedule of this endorsement; and 2. Included in the "products-completed operations hazard". • However: a) The insurance afforded to such additional Insured only applies to the extent permitted by law; and b) 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. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or"property damage". O 20131lberty Mutual Insurance CG 85 84 04 13 includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required in Paragraph b. of Condition 2.Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV-Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section 1 Coverage A-Bodily Injury And Property Damage Liability: The insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily Injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, Inspection, architectural or engineering activities. C. With respect to the insurance afforded to these additional insureds, the following is added to Section II- Limits of Insurance: 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 contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. D. With respect to the insurance afforded by this endorsement, Section IV -Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2.Duties in The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable. a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this Insurance to us; b. Tender the defense and Indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2, Paragraph 4., of Section IV-Commercial General Liability Conditions Is amended as follows: a. The following is added to Paragraph a. Primary Insurance: if an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. b. The following is added to Paragraph b. Excess insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this Insurance to be primary or primary and non- contributory, this Insurance is excess over any other Insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional Insured on other policies. 0 2013 Liberty Mutual Insurance CG 85 84 04 13 includes copyrighted material of insurance Services Office,Inc„with its permission. Page 2 of 2 • Policy#BKS56169596 COMMERCIAL GENERAL LIABILITY • CG 88 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY—ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 3' ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY—ADDITIONAL INSURED EXTENSION • 5 ADDITIONAL INSUREDS—EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED--INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED— 6 FELLOW EMPLOYEE EXTENSION—MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE • 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US— 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU • ©2013 Liberty Mutual Insurance CG 88 10 04 13 includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A-Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. it is not owned by any insured; 2. It is hired,chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate,Issued by the duly constituted authority of the United States of America or Canada,designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply If there is available to the Insured other valid and collectible insurance,whether primary,excess(other than insurance written to apply specifically in excess of this policy),contingent or on any other basis,that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section 1—Coverage A—Bodily Injury And Property Damage Liability, Subparagraph(2)of exclusion g.Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long;and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY—ELEVATORS 1. Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability,Subparagraphs (3), (4)and(6)of exclusion j.Damage To Property do not apply if such "property damage"results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2, The following is added to Section IV—Commercial General Liability Conditions, Condition 4.Other • Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1),(3)and (4)of this exclusion do not apply to"property damage"(other than damage by fire, lightning,explosion,smoke,or leakage from an automatic fire protection system) to: (I) Premises rented to you for a period of 7 or fewer consecutive days;or (II) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs(1), (3) and(4)of this exclusion do not apply to"property damage"to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described In Section III—Limits of Insurance. ©2013 liberty Mutual Insurance Pa e2of8 CO 88 10 0413 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. g b. The last paragraph of subsection 2.Exclusions is replaced by the following: Exclusions c.through n.do not apply to damage by fire,lightning,explosion,smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section IiI—Limits Of Insurance. 2. Paragraph 6.under Section iiI—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you;or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion,smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D.EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)-Paragraph 9.a..of Definitions is replaced with the following: 9.a. A contract for a lease of premises.However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire,lightning,explosion,smoke,or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner,or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an"insured contract". E. MEDICAL PAYMENTS EXTENSION if Coverage C Medical Payments is not otherwise excluded,the Medical Payments provided by this policy are amended as follows: Under Paragraph 1.Insuring Agreement of Section I—Coverage C Medical Payments, Subparagraph (b)of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident;and F. EXTENSION OF SUPPLEMENTARY PAYMENTS--COVERAGES A AND B 1. Under Supplementary Payments Coverages A and B, Paragraph 1.b.is replaced by the following: b. Up to$3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. 2. Paragraph 1.d.is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2. under Section Ii--Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract,written agreement or permit. Such person or organization is an additional insured but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury" caused in whole or in part by: a. Your acts or omissions,or the acts or omissions of those acting on your behalf,in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the"bodily injury"or"property damage"occurs, or the"personal and advertising injury"is committed,subsequent to the signing of such written contract or written agreement;or ©2013 Liberty Mutual Insurance CG 88 10 0413 includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you;or a. The maintenance,operation or use by you of equipment rented or leased to you by such person or organization;or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This Insurance does not apply to"bodily injury","property damage", or"personal and advertising injury"arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to"bodily Injury"or"property damage"included within the "completed operations hazard". (3) Insurance applies to premises you own,rent,or control but only with respect to the following hazards: a) The existence,maintenance,repair,construction,erection, or removal of advertising signs, awnings,canopies, cellar entrances,coal holes,driveways, manholes,marquees,hoist away openings,sidewalk vaults,street banners,or decorations and similar exposures;or (b) The construction, erection,or removal of elevators;or (c) The ownership, maintenance,or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 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. With respect to Paragraph 1.a.above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials,parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. With respect to Paragraph 1.b.above,a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c,above,this insurance does not apply to any"occurrence"which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement Is signed prior to the"bodily injury"or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required in Paragraph b.of Condition 2.Duties in the Event Of Occurrence, Offense, Claim Or Suit under Section 1V—Commercial General Liability Conditions, ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted materiel of Insurance Services Office,Inc.,with its permission. Page 4 of 8 • 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury"or"property damage"arising from the sole negligence of the additional insured. b. "Bodily injury"or"property damage"that occurs prior to you commencing operations at the location where such"bodily injury"or"property damage"occurs. c. "Bodily injury","property damage"or"personal and advertising injury"arising out of the rendering of,or the failure to render,any professional architectural, engineering or surveying services, Including: (1) The preparing,approving,or failing to prepare or approve, maps, shop drawings, opinions, reports,surveys,field orders,change orders or drawings and specifications;or (2) Supervlsoty,inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring,employment,training or monitoring of others by that insured,if the"occurrence"which caused the"bodily injury"or"property damage",or the offense which caused the"personal and advertising injury",involved the rendering of, or the failure to render,any professional architectural,engineering or surveying services, d. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed;or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor • engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS • endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: 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: a. Required by the contract or agreement;or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. i I This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. _t H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional Insured under any form or endorsement under this policy. • Condition 4.Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a, The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover, ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission, Page 5 of 8 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GOLD COAST ENVIRONMENTAL • FOR TESTING AND CALIBRATION OF URBAN RUNOFF DIVERSION STATIONS 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 Gold Coast Environmental,hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of testing and calibration of urban runoff diversion stations. 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 Jim McCrory, 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. 24-15595/361109 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 Forty Thousand Dollars ($40,000.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is oftth.,�essence of this Agreement. The services of Contractor are to 2-�commence___�'2_, 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. 24-15595/361109 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, 24-15595/361109 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. 24-15595/361109 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. 24-15595/361109 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 Gold Coast Environmental Attn: Director of Public Works Attn: Jim McCrory 2000 Main Street 1868 Palma Drive, Suite I Huntington Beach, CA 92648 Ventura, CA 93003 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. 24-15595/361109 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; 24-15595/361109 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. 24-15595/361109 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. 24-15595/361109 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 GOLD COAST ENVIRONMENTAL municipal corporation of the State of a California limited liability corporation California By: Mayor Print name ITS: (circle one) Chairm Presiden' *iueetottArhitr Vice President City Clerk Y iok ND ITIATED AND APPROVED: Pr' /t/ ITS: (circle on Secretary hief Financial Officer/Asst. Secr - reasurer irector of Public Works APPROVED AS TO FO' : City Attorney 14.4 REVIEWED AND APPROVED: �,,...1 City Manag 24-15595/361109 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Testing and calibration of the urban runoff diversion stations. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Testing and calibration of the meters at the urban runoff diversion stations (10) as , required for the urban runoff diversion permits issued to the City of the Orange County Sanitation District. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-15595/361109 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. SEE ATTACHED EXHIBIT B 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. All billing shall be done monthly in fifteen(15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations, and other documentation prepared by CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific requirements for satisfactory completion. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which-event payment shall be made within thirty (30) days of receipt of the invoice by CITY. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. All extra work or additional 24-15595/361109 12 services will be in accordance with the extra work or additional services and if CITY is satisfied that the statement of hours worked and 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. 24-15595/361109 13 • EXHIBIT B , Gold . Quote .C(?at 10/9/2024 Environmental Quote 4420 1868 Pa!Ina Drive,Suite I Ventura, CA 93003 (805)498-3811 • BILL TO ::SFHP TO. City of Huntington Beach ATTN Accounts Payable PO BOX 784 Huntington Beach,CA 92648 PROJECT DUE DATE TERMS 11/8/2024 Net 30 QTY iTEM DESCRIPTION UNIT PRICE TOTAL CITY OF HUNTINGTON BEACH-URBAN RUNOFF DIVERSION LOCATIONS Station Name:Address: • • Adams 19961 Chesapeake Lane Atlanta 8161 Atlanta Avenue • Banning 22011 Malibu Lane Flounder 9731 Flounder Drive Hamilton 10101 Hamilton Avenue Indianapolis 9221 Indianapolis Avenue Meredith 20192 Midland Lane • Newland 8612 Hamilton Avenue Scenario 4742 Scenario Drive Yorktown 9211 Yorktown Avenue Thank you for your business. subtotal • Quotes valid for thirty(30)days from above date.Order will be placed upon receipt of PO or prepayment.60%deposit may be required prior to order."Credit Card transactions Include a 3,26%charge for all credit card transactions which is collected by the credit card Sales Tax(7,76%) processing company and will be added to the amount due, *Prices(provided by way of a Quotation or a Price List)are subject to change to the prices In effect at the time of delivery. TOTAL Signature: Page 1 0:04. Quote :Co.at i I ( 10/9/2024 Eriirironment41 Quote 4420 1868 Palma Drive,Suite I Ventura,CA 93003 (805)498-3811 .••• . .., . • . . •. . • . .• . . • SILL TO • . •. .• • .•• •• • . ..• .•. :• • • •• •• • ... , . . •. . , • •.•: • ••••., " .‘ • SHIP TO City of Huntington Beach ATTN Accounts Payable PO BOX 784 Huntington Beach,CA 92648 • • -;: ••••• 11/8/2024 Net 30 QTY ITEM DESCRIPTION UNIT PRICE TQTAL 1 Service labor Service Labor: 19,900.00 19,900.00 We are allocating 3-1/2 hours to complete each of these calibrations.There will be an extra charge for each additional man plus man hours for any test exceeding this allocated 3-1/2 hrs. If it is determined that the runoff water is too dirty to perform recycling methods of calibrations with our certified turbine meter,there will be an additional$300.00 charge applied to each callb.test for a conventional magmeter calibration. The liability°Mold Coast Environmental is expressly limited to the amount of the charge paid to it.In no event shall we be liable for any consequential damages. All other service calls,parts,and repairs are outside the scope of this quote.Upon acceptance of this offer,please sign below and Incorporate a P.0.#is needed and return it to our office so we can start to schedule your calibration dates.We will need to receive this signed acceptance agreement in our office before work can commence.Signing of this offer constitutes an agreement to pay the quoted price,Our payment terms are net 30 days upon completion of the work, • Thank you for your business. Subtotal $19,900,00 Quotes valid for thirty(30)days from above date.Order will be placed upon receipt of PO or prepayment.50%deposit may be required prior to order.**Credit Card transactions include a 3.25%charge for all credit card transactions which is collected by the credit card Sales Tax(7.75%) $0.00 processing company and will be added to the amount due. *Prices(provided by way of a Quotation or a Price List)are subject to change to the prices in effect at the time of delivery. TOTAL $19,900.00 Signature: • Page 2 . . • ,/ 1' ______., ® A DATE(Iu,voonvYY) 11/1412024 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 terns 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). CONTACT Julie Padilla PRODUCER CONTACT Stanton and Associates Inc. PItONE (805)413-1481 FAX Ito): (NC,No,Est): (NC, ISU Stanton&Associates -MAlIess: tulle@Isustenton.canl 3625 Thousand Oaks Blvd il292 INSURER(S)AFFORDING COVERAGE. HAIL N Westlake Village CA 91362 INSURER A: Ohio Security Insurance Company 24082 INSURED INSURERS: American Fire and Casualty Company NON Gold Coast Environmental Inc INSURER C: Hanford Casually Insurance Company 29424 1868 Palma Dr Ste I INSURER 0: INSURER E: Ventura CA 93003 INSURER F: COVERAGES CERTIFICATE NUMBER: 24-25 REVISION NUMBER: THIS IS TO CERt IFY 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 ipso SUBRVND POLICPOLICY NUMBER MMIOTYEYE POLICY I LIMITS EXP I,7R TYPE OF INSURANCE. INSET VND t /l'Y1'Ya t X COMMERCIAL GENERALLIAUILIIY EACH OCCURRENCE $ 1,000,000 �/ DAMAGE TO RENIED 500000 CLAIMS-MADE I XI OCCUR PREMISES(Ea occulro nee) S , MED EXP(Anyone person) $ 15,000 A BKS50169596 10/04/2024 10/04/2025 PERSONAL tSAM/INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICYPRO- I IIC)C PRODUCTS-COlAPlOP AGG $ 2,000,000 OTHER- X JECr Experience Mod Factor 1 $ OTHER: AUTOMOBILE LIABILITY OEO\a�O�IRri1Fc.Ot SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED BAS56169596 10/04/2024 10/04/2025 BODILY INJURY(Per accident) $ AUTOS ONLY III SCHEDULED PROPERTY b/3%AGE • HIRED NON-OWNF.D _ accident) $ AUTOS ONLY ■ AUTOS ONLY Uninsured motorist 5 1,000,000 X UMBRELLA LIAR X OCCUR EACH OCCURrENCE $ B EXCESS L AO CI.AIMS.MAOE ESA56169596 10/04/2024 10/0412025 AGGREGATE $ 4,000,000 DE❑ X RETENTION$ 0 �/ STA S WORKERS COMPENSATION MIME I I 11 AND EMPLOYERS'LIABILITY YIN 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE I Y I NIA 72WECLZ8824 10104/207.4 10/0412025 E.L.EACH ACCIDENT $ �' OFFICF.IIRdEEIUER EXCLUDED? ` 1,000,000 (Mandatory In NB) El,DISEASE-EA EMPLOYEE $ Eyes,descnbo under E.L.bISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS beluv , DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(ACORD 101,Additional Romathe Schedule,may be attached It morn space Is required) City of Huntington Beach,its officers,elected or appointed officials,employees,agents,end volunteers are named as additional Insured as per form CG 88 62 04 13&CG 88 10 04 13. Al Auto AC 85 43 06 18.WC Waiver of Subrogation per tor:WC 00 03 13&WC 04 03 96IiA4i2nitts:6.,M,GP Tuep,8l4i�. except 10 Day Notice for Non-Payment of Premium' LACH MICHAEL E. GA ET S CITY ATTORNEY CITY OF t-IUN I INGTON BE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF T1iE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach Attn Dlrnclor of Public Woiks AUTHORIZED REPRESENTATIVE 2000 Main Street Huntington Beach CA 92048 '---A-- _ I ©1988.2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:BKS56169595 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION It , This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): 1=- CITY OF HUNTINGTON BEACH 2000 Main Street V g " HUNTINGTON BEACH, CA 92648 Location(s) Of Covered Operations Huntington Beach Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 1l -Who Is An Insured Is amended to B. With respect to the insurance afforded to include as an additional insured the person(s) these additional Insureds, the following addi- or organizatlon(s) shown in the Schedule, but tlonal exclusions apply: only with respect to liability for "bodily in- This insurance does not apply to "bodily In- jury", "property damage" or "personal and jury" or" property damage" occurring after: advertising injury" caused, in whole or In 1. All work, including materials, parts or part, by: equipment furnished in connection with 1. Your acts or omissions; or such work, on the project (other than ser- 2. The acts or omissions of those acting on vice, maintenance or repairs) to be per- your behalf; formed by or on behalf of the additional in the performance of your ongoing open Insured(s) at the location of the covered ations for the additional Insured(s) at the Io- operations has been completed; or cation(s) designated above. 2. That portion of "your work" out of which However: the Injury or damage arises has been put to Its intended use by any person or or- 1. The Insurance afforded to such additional ganization other than another contractor insured only applies to the extent permit- or subcontractor engaged in performing ted by law; and operations for a principal as a part of the 2, If coverage provided to the additional in- same project. sured is required by a contract or agree- ment, 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 10 04 13 © insurance Sorvices Office, Inc., 2012 Page 1 of 2 • • C. With respect to the insurance afforded to • these additional Insureds, the following Is added to Section III •Limits Of Insurance: 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 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Doc- • larations. • 1111 li L; E I I � li Page 2 of 2 - © Insurance Services Office, inc., 2012 CG 20 10 04 13 • • Policy#:BKS56169596 COMMERCIAL GENERAL LIABILITY CG 85 84 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): h CITY OF HUNTINGTON BEACH 2000 Main Street egiZMgi a1•""-" F-- . HUNTINGTON BEACH, CA 92648 Location And Description Of Completed Operations: Project (Urban Runoff Diversions) • r 4--days • Huntington Beach i j Ili (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Paragraph 2. under Section II -Who Is An Insured Is amended to include as an Insured any person or organization shown In the Schedule, whom you have agreed to add as an additional In a written contract or written agreement. Such person or organization Is an additional Insured but only with v respect to liability for "bodily injury" or"property damage": ,_: 1. Caused by "your work" performed for that additional Insured that is the subject of the written I contract or written agreement and at the location designated In and described In the Schedule of this endorsement; and li 2. Included in the "products-completed operations hazard". However: a) The Insurance afforded to such additional Insured only applies to the extent permitted by law; 1 and E ,b) If coverage provided to the additional insured is required by a contract or agreement, the • R 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. • i The insurance provided by this endorsement applies only if the written contract or written agreement Is II signed prior to the "bodily injury" or"property damage". • u t. 0 2013t.iberty Mutual insurance CO 85 84 04 13 includes copyrighted material of Insurance Services Office,Inc„with its permission. Page 1 of 2 11 We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required in Paragraph b, of Condition 2.Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV-Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily injury And Property Damage Liability: The insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or"property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. C. With respect to the insurance afforded to these additional insureds, the following is added to Section II- Limits of Insurance: 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 contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declaratio ns. D. With respect to the Insurance afforded by this endorsement, Section IV -Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2.Duties in The Event Of Occurrence, Offense, Claims Or Suit: An additional Insured under this endorsement will as soon as practicable. a. Give written notice of an "occurrence" or an offense that may result in a claim or"suit" under this Insurance to us; b. Tender the defense and Indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 4 e 2, Paragraph 4., of Section IV-Commercial General Liability Conditions Is amended as follows: a. The following is added to Paragraph a.Primary Insurance: jf If an additional Insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured !? coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this Insurance to be primary or primary and non- contributory, this insurance Is excess over any other Insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional Insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional Insured on other policies. © 2013 Liberty Mutual Insurance CG 85 84 04 13 includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 Policy#BKS56169596 COMMERCIAL GENERAL LIABILITY CC 88 10 0413 . THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE • NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY—ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 • • MEDICAL PAYMENTS EXTENSION 3 • EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 3 ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY—ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS—EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED--INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED— 6 FELLOW EMPLOYEE EXTENSION—MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE,OFFENSE, CLAIM OR SUIT 7 • LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 • EXTENDED PROPERTY DAMAGE 8 • WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US— 8 } WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 8 E � r I 4 With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2, Exclusions of Section i—Coverage A-Bodily Injury And Property Damage Liability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired,chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate,issued by the duly constituted authority of the United States of America or Canada,designating her or him a commercial or airline pilot;and 4. It is not being used to carry persons or properly for a charge. However,the Insurance afforded by this provision does not apply If there is available to the insured other valid and collectible insurance,whether primary,excess(other than insurance written to apply specifically in excess of this policy),contingent or on any other basis,that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2.Exclusions of Section 1--Coverage A—Bodily injury And Property Damage Liability, Subparagraph(2)of exclusion g.Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long;and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY—ELEVATORS 1. Under Paragraph 2.Exclusions of Section i—Coverage A--Bodily injury And Property Damage Liability,Subparagraphs (3),(4)and(6)of exclusion j.Damage To Property do not apply if such "property damage"results from the use of elevators. For the purpose of this provision,elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV—Commercial General Liability Conditions,Condition 4.Other insurance, Paragraph b. Excess Insurance: • The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary,excess,contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) if Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1, Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion I.Damage To Property is replaced by the following: Paragraphs(1),(3)and (4)of this exclusion do not apply to"property damage"(other than damage by fire,lightning,explosion,smoke,or leakage from an automatic fire protection system) to: (I) Premises rented to you for a period of 7 or fewer consecutive days;or (II) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs(1),(3) and(4)of this exclusion do not apply to"property damage"to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section ill—Limits of Insurance. ©2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance services Office,Inc.,with Its permission. Page 2 of 8 IS b. The last paragraph of subsection 2.Exclusions is replaced by the following: Exclusions c.through n.do not apply to damage by fire,lightning,explosion,smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. 2. Paragraph 6.under Section III—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you;or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire,lightning,explosion,smoke or leakage from automatic protection systems;or 1 b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D.EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)-Paragraph 9.a.of Definitions is replaced with the following: 9.a. A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire,lightning,explosion,smoke,or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement,is not an"insured contract". E. MEDICAL PAYMENTS EXTENSION if Coverage C Medical Payments is not otherwise excluded,the Medical Payments provided by this policy are amended as follows: Under Paragraph 1.insuring Agreement of Section I—Coverage C Medical Payments, Subparagraph(b)of Paragraph a.is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident;and F. EXTENSION OF SUPPLEMENTARY PAYMENTS--COVERAGES AAND B 1. Under Supplementary Payments—Coverages A and B, Paragraph 'Lb.Is replaced by the following: b. Up to$3,000 for cost of bail bonds required because of accidents or traffic law violations arising I` out of the use of any vehicle to which the Bodily injury Liability Coverage applies.We do not have to furnish these bonds. 2. Paragraph 1.d.is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit",including actual loss of earnings up to$500 a day because of time off from work. G. ADDITIONAL_INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2. under Section II Who is An insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract,written agreement or permit. Such person or organization is an additional insured but only with respect to liability for"bodily injury',"property damage"or"personal and advertising injury" caused In whole or in part by: a. Your acts or omissions,or the acts or omissions of those acting on your behalf,in the } performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the"bodily injury"or"property damage"occurs, or the"personal and advertising injury'Is committed,subsequent to the signing of such written contract or written agreement;or 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 3 of 8 Ii b. Premises or facilities rented by you or used by you;or a. The maintenance,operation or use by you of equipment rented or leased to you by such person or organization;or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions; (1) This Insurance does not apply to"bodily injury","property damage", or"personal and advertising injury"arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to"bodily Injury"or"property damage"included within the "completed operations hazard". (3) Insurance applies to premises you own,rent,or control but only with respect to the following hazards: a) The existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings,canopies,cellar entrances,coal holes,driveways, manholes,marquees,hoist away openings,sidewalk vaults,street banners,or decorations and similar exposures;or (b) The construction,erection,or removal of elevators;or (c) The ownership,maintenance,or use of any elevators covered by this Insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance I ; 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. With respect to Paragraph 1.a.above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work,including materials,parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b,above,a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c.above,this insurance does not apply to any"occurrence"which takes place after ( the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement Is signed prior to the"bodily injury"or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required in Paragraph b.of Condition 2.Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV—Commercial General Liability Conditions. ©2013 Liberty Mutual insurance CG 88 10 04 13 Includes copyrighted materiel of Insurance Services Office,Inc.,with its permission. Page 4 of 0 ii 2. With respect to the insurance provided by this endorsement,the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury"or"property damage"arising from the sole negligence of the additional insured. b. "Bodily injury"or"property damage"that occurs prior to you commencing operations at the location where such"bodily injury"or"properly damage"occurs. c, "Bodily injury","property damage"or"personal and advertising injury"arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services, including: (1) The preparing,approving,or failing to prepare or approve,maps,shop drawings, opinions,reports,surveys,field orders,change orders or drawings and specifications;or (2) Supervlsoty,Inspection,architectural or engineering activities. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by that insured,if the"occurrence"which caused the"bodily injury"or"property damage",or the offense which caused the"personal and advertising injury",involved the rendering of,or the failure to render,any professional architectural,engineering or surveying services, d. "Bodily Injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed;or (2) That portion of"your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor • engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS • endorsement issued by us and made a part of this policy. 3. With respect to tile insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: 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: a. Required by the contract or agreement;or b. Available under the applicable Limits of Insurance shown in the Declarations; Y? whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional Insured under any form or • endorsement under this policy. Condition 4.Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a, The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess,and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis,this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8