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HomeMy WebLinkAboutA.J. Fistes, Corp. - 2025-02-01 (2) SERVICE.AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND. A.J.I+ISTES,CORP. FOR PAINTING SERVICES THIS AGREEMENT("Agreement")is made and entered into by and between the City of Huntington Beach,a municipal corporation of the State of California,hereinafter called "City,"and AJ Fistes,Corp.,hereinafterreferied to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of painting. 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 Ito as the"Project." Contractor hereby designates Jake Fistes, 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. 25-15929/368903 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the ratesand charges identified in Exhibit."B." The total sum to be expended under this Agreement, shall not exceed Thirty Thousand Dollars:($30,000.00)annually 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 of the essence of this Agreement, The services of Contractor are to commence February 1,2025, 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. 25-1.5929/368903 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 ail 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 el 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 whileacting 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, 25-15929/368903 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 voluunteers 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.. 25-15929/368903 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. Contractorr 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 rnaruier 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. 25-15929/368903 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 .l hereinabove)-or.to City as the situation shall warrant, of 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 A.J. Fistes, Corp. Attn: Director of Public Works Attn: Take Fistes 2000 Main Street 2214 Atlantic Avenue Huntington Beach, CA 92648 Long Beach, CA 90806 19. Consent When City's consent/approval is required under this Agreement,its consent/approval for one transaction or event shall notbe 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. 25-15929/368903 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 eases 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 thee 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; 25-15929/368903 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 it 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 dutiess, 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. 25-15929/368903 8 1 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 hereiiibelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement,and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations; inducements, promises, agreements or warranties,,oral or otherwise,have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement,and that that party has not executed this Agreement in reliance on any representation,inducement, promise,agreement warranty,fact or circumstance not expressly set forthin this Agreement. (b) All Exhibits,referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25-15929/368903 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 A.J. FISTES, CORP, municipal corporation of the State of California Mayor Print name I, ele one)Chairman/President/ Vice PI esi frd-ati/A4 City Clerk AND By: INITIATED AND APPROVED: Print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Direc or of Public Works APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Manager 25-15929/368903 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide painting services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-15929/368903 .11 EXHIBIT"B" Payment Schedule(Hourly Payment) A. Hourly Rate CONTRACTOR'S fees for such services shall be based upon the following hourly rate and cost schedule: Journeymen Painter-$82.72 per hours Apprentice Painter-$59.41 per hour B. Billing 1. All billing shall be done monthly for services completed the prior month. 2. Each month's bill shouldinclude a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. CONTRACTOR shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include the number of citations written,complaints received,miles driven, or other mutually agreed upon details. 4. Upon request of CITY, CONTRACTOR shall submit the following: A) GPS Data B) Routes completed. C) Complaint log 5. Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY.does not approve an invoice, CITY shall notify CONTRACTOR 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 CONTRACTOR is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 25-15929/368903 12 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder.of-this Agreement. C. Liquidated Damages Failure of CONTRACTOR to complete work in accordance with the terms and conditions of this contract will result in damages being sustained by CONTRACTOR. The following are cause for liquidated damages: 1. Missing scheduled sweeping days without providing prior notice to, and acknowledgement by, the Maintenance Operations Manager or authorized, designee(including inclement weather). 2. Poor results. 3. Any failure or refusal by CONTRACTOR to perform,in accordance with the • terms of this contract. Upon the first occurrence of any of the foregoing acts, Contractor will be notified in writing by the City. Contractor shall respond within five (5) days with a written plan stating how compliance with the requirements of the agreement must be met. If there is a second occurrence;of the same act by Contractor within•a thirty=day.(30) period, the City shall have the right to withhold payment of$500.00. Each separate and subsequent occurrence of the same act shall result in a liquidated damages charge in the amount of$500.00. 25-15.929/368903 13 sik.L,.. ® DATE(MMIDDIYYYY) A`�o CERTIFICATE OF LIABILITY INSURANCE 1/16/2025 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kristen Perez Burnham WGB Insurance Solutions PHONE FAX CA Insurance License 0F69771 (MC.No.Eat):714-505-7000 (Am No):714-573-1770 15901 Red Hill Avenue ADDRESS: kristen.pereza,wgbib.com Tustin CA 92780 INSURER(S)AFFORDING COVERAGE NAIC 8 INSURER A:Everest Premier Insurance Comp 16045 INSURED AJFIS-1 INSURER B:BITCO General Insurance Corpor 20095 A.J.Fistes Corporation 1244 N.Gaffey Street INSURER C: San Pedro CA 90731 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:544163449 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL TYPE OF INSURANCE IINSD wvn POLICY NUMBER IMM/BR DD/E1rYVY) (MMIIDtDNYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y CLP3749664 10/4/2024 6/30/2025 EACH OCCURRENCE $2,000,000 . DAMAGE TO _ CLAIMS-MADE X OCCUR PREMISES(EaEoccur ante) $100,000 1 MED EXP(My one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X ECT LOC PRODUCTS-COMP/OP AGO S 2,000,000 OTHER: $ 8 AUTOMOBILE LIABILITY Y Y CAP3749663 10/4/2024 6/30/2025 COMBINED SINGLE LIMIT(Ea acdden $2,000,000 n X ANY AUTO BODILY INJURY(Per person) $ - OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED y NON-OWNED PROPERTY DAMAGE S AUTOS ONLY _ AUTOS ONLY (Per accident) Comp/Coll Ded. $1,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ - EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 7600023383241 6/30/2024 6/30/2025 X AND EMPLOYERS'LIABILITY STATUTE OTH- ER ANYPROPRIETOR/PARTNER/EXECUTIVE i yN� NIA E.L.EACH ACCIDENT $1,000,000 OFFIC ERIMEMBER E XCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers is included as Additional Insured 't r ect to General Liability,Auto if required by written contract and subject to terms,conditions and exclusions of tinPflORDVED AS TO FORM Coverage is provided on a Primary basis on the General Liability if required by written contract and subject to terms,conditions and excl io s of the policy. t3 ' A Waiver of Subrogation in favor of the City of Huntington Beach and the above listed additional insured app��l��ler@I 1 F�Ig1(I$$8 Auto if required by written contract,and subject to terms,conditions,and exclusions of the policy. CITY ATTORNEY 30-day notice of cancellation,except for nonpayment of premium. 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 ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or equipment furnished in connection with such organization shown in the Schedule, but only work, on the project {other than service, with respect to liability arising out of your maintenance or repairs) to be performed by ongoing operations performed for that insured. or on behalf of the additional insured(s)at the B. With respect to the insurance afforded to these site of the covered operations has been additional insureds, the following exclusion is completed;or added: (2) That portion of "your work" out of which the 2.Exclusions injury or damage arises has been put to its intended use by any person or organization This insurance does not apply to "bodily in- other than another contractor or jury"or"property damage"occurring after: subcontractor engaged in performing operations for a principal as a part of the same project. Named Insured: A.J. FISTES CORPORATION Policy Number: CLP 3 749 664 Endorsement No.: 001 Policy Period: 10-04-24 to 06-30-25 Endorsement Effective Date: Producer's Name: BURNHAM WGB INS. SOLUTIONS, LLC Producer Number: 0006705 AUTHORIZED REPRESENTATIVE DATE GL-5345(09/21) BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS— COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS Location And Description of Completed Operations: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". Named Insured: A.J. FISTES CORPORATION Policy Number: CLP 3 749 664 Endorsement No.: 001 Policy Period: 10-04-24 to 06 30 25 Endorsement Effective Date: Producer's Name: BURNHAM WGB INS. SOLUTIONS, LLC Producer Number: 0006705 AUTHORIZED REPRESENTATIVE DATE GL-5353(09/21) CLP3749664 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUILDERS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an n in the box next to the caption of such provision. A. X Partnership and Joint Venture Extension N. X Construction Project General Aggregate Limits B. X Contractors Automatic Additional Insured Coverage—Ongoing Operations O. X Fellow Employee Coverage C. X Automatic Waiver of Subrogation P. X Property Damage Liability-Elevators D. X Extended Notice of Cancellation, Q. X Care,Custody or Control Nonrenewal R. X Concrete Rework Labor Reimbursement E. n Unintentional Failure to Disclose Hazards Coverage F. X Broadened Mobile Equipment S. X Lost Key Coverage G. X Personal and Advertising Injury- T. X Electronic Data Liability Coverage Contractual Coverage U. Consolidated Insurance Program Residual H. X Nonemployment Discrimination Liability Coverage Liquor Liability V. X Automatic Additional Insureds—Managers or Lessors of Premises J. X Broadened Conditions W. X Automatic Additional Insureds—State or K. X Automatic Additional Insureds—Equipment Governmental Agency or Political Leases Subdivisions—Permits or Authorizations L. X Insured Contract Extension—Railroad X. X Contractors Automatic Additional Insured Property and Construction Contracts Coverage—Completed Operations M. I X Turnkey Jobs-Coverage For Alienated Y. X Additional Insured—Engineers, Architects Premises or Surveyors A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II -WHO IS AN INSURED: The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. GL-3084 (10/19) -1- is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member,you are an insured, but only with respect to liability arising out of"your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for'your work" in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOING OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the project(s)designated in the written contract. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of"your work"out of which the injury or damage 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. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request,the insured will bring "suit"or transfer those rights to us and help us enforce them. GL-3084 (10/19) -2- b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of"your work"for that person or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b.of the COMMON POLICY CONDITIONS,is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above,it is agreed that you may extend the period of this policy for a maximum additional slxty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9.a. above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b. of SECTION V-DEFINITIONS,is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE Exclusion 2.e.of SECTION I, COVERAGE B,is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless"personal and advertising injury"is excluded from this policy: Item 14.of SECTION V-DEFINITIONS,is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by"discrimination." SECTION V-DEFINITIONS,is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age,gender or religion. GL-3084 (10/19) -3- Item 2. Exclusions of SECTION I,COVERAGE B,is amended to include: "Personal and advertising injury" arising out of"discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured. "Personal and advertising injury" arising out of"discrimination" by or at your, your agents or your "employees"direction or with your,your agents or your"employees"knowledge or consent. "Personal and advertising injury" arising out of"discrimination" directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of"discrimination." I. LIQUOR LIABILITY Exclusion 2.c. of SECTION I, COVERAGE A,is deleted. J. BROADENED CONDITIONS Items 2.a. and 2.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence,Offense,Claim Or Suit: a. You must see to it that we are notified of an "occurrence"or an offense which may result in a claim as soon as practicable after the"occurrence"has been reported to you, one of your officers or an"employee"designated to give notice to us. Notice should include: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or"suit"is brought against any insured, you must: (1) Record the specifics of the claim or"suit"and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee"you designate to give us such notice learns of the claims or"suit." Item 2.e. is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2.a., 2.b., and 2.c. However, you shall give written notice of this"occurrence"to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. GL-3084 (10/19) -4- K. AUTOMATIC ADDITIONAL INSUREDS-EQUIPMENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury"or"property damage"occurring after you cease leasing the equipment. 2. "Bodily injury"or"property damage"arising out of the sole negligence of the additional insured. 3. "Property damage"to: a. Property owned, used or occupied by or rented to the additional insured;or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s)which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. L. INSURED CONTRACT EXTENSION -RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V-DEFINITIONS is deleted and replaced with the following. 9. "Insured Contract"means: 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 to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. GL-3084 (10/19) -5- Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions,or failing to give them, if that is the primary cause of the injury or damage;or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. M. TURNKEY JOBS -COVERAGE FOR ALIENATED PREMISES It is agreed that: Exclusion 2.j.(2) of SECTION I, COVERAGE A, does not apply if the premises are "your work"and were not occupied, rented or held for rental by you for more than 12 months after completion. N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION III-LIMITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an"occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I -COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing"suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. GL-3084(10/19) -6- B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I -COVERAGE C: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. I], If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury"to (1) An"employee"of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1)above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an"insured contract";or (2) Liability arising from any action or omission of a co-"employee" while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. GL-3084 (10/19) -7- With respect to "bodily injury", "property damage", or 'personal and advertising injury" arising out of your ongoing operations; or operations included within the "products-completed operations hazard", the policy to which this coverage is attached shall apply as excess insurance over coverage available to "you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V—Definitions: "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project" does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. All other terms, provisions, exclusions and limitations of this policy apply. V. AUTOMATIC ADDITIONAL INSUREDS - MANAGERS OR LESSORS OF PREMISES SECTION II—WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory, But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. W. AUTOMATIC ADDITIONAL INSUREDS - STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS—PERMITS OR AUTHORIZATIONS SECTION II — WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: GL-3084 (10/19) -14- a. "Bodily injury", "property damage" or"personal and advertising injury" arising out of operations performed for the federal government, state or municipality;or b. "Bodily injury"or"property damage"included within the"products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. X. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—COMPLETED OPERATIONS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for"bodily injury"or"property damage"caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the"products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. Y. ADDITIONAL INSURED—ENGINEERS,ARCHITECTS OR SURVEYORS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to"bodily injury", "property damage"or"personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders,designs or specifications;or 2. Supervisory, inspection or engineering services. GL-3084(10/19) -15- This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. GL-3084 (10/19) -16- WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 01 B (Ed.01-2022) POLICY NUMBER: 7600023383241 CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A.of the Information Page. The cancelation condition in Part Six(Conditions)of the policy is replaced by these conditions: Cancelation: 1. You may cancel this policy.You must mail or deliver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium: b. Failure to report payroll; c. Failure to permit us to audit payroll es required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Material failure to comply with federal or state safety orders or written recommendations of our designated loss control representatives; h. The occurrence of a material change in the ownership of your business; i. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; j. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; k. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed hi(a)through(f),we will give you 10 days advance written notice,stating when the cancelation is to take effect.Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice.If we cancel your policy for any of the reasons listed in Items(g)through(k),we will give you 30 days advance written notice;however,we agree that in the event of cancelation and reissuance of a policy effective upon a material change In ownership or operations, notice will not be provided. 4. If we mail the notice to you,the stated periods of notice and your right to remedy the condition will be extended by 5 clays if the place of mailing and your mailing address is within California,10 days if the place of mailing or your mailing address is outside of California and 20 days if the place of mailing or your mailing address is outside of the United States. 5. The policy period will end on the day and hour stated in the cancelation notice. DATE OF ISSUE: 6-30-2024 WC 04 06 01 B (Ed.01-22) INSURED COPY Merrimac Petroleum, Inc. Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 6/25/2024 ,attaches to and forms a part of Policy Number FEI-PPL-27494-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Coverage Part(s)indicated below: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization: Any person(s)or organization(s)whom the Named Insured agrees, in a written contract,to provide Primary and/or Non-contributory status of this insurance. However,this status exists only for the project specified in that contract. In consideration of an additional premium of$Applied,and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s)or organization(s)named in the schedule may have is excess and non-contributory to this insurance. All other terms and conditions under the Policy remain unchanged. ECC-548-0317 ©2018, Freberg Environmental, Inc. Page 1 of 1 BITCO GENERAL INSURANCE CORPORATION CAP3749663 BITCO NATIONAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ fT CAREFULLY. BROADENED COVERAGE-AUTOMOBILES The following modifies insurance provided under: BUSINESS AUTO COVERAGE FORM Wth respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. 1 - Broad Form Named Insured 11 - Bodily Injury Extension 2- Automatic Waiver of Subrogation 12- Hired Auto Physical Damage 3- Automatic Additional Insured 13- Enhanced Supplementary Payments 4- Primary and Noncontributory-Other Insurance 14- Fellow Employee Coverage for Designated Condition Positions 5- Unintentional Failure to Disclose Hazards 15- Physical Damage—Transportation Expenses 6- Extended Notice of Cancellation, Non-Renewal 16- Rental Reimbursement Coverage 7- When We Do Not Renew 17- Loan/Lease Gap Coverage 8- Notice of Knowledge of Accident or Loss 18- Accidental Air Bag Discharge Coverage 9- Employees as Insured 19- Glass Repair—Waiver of Deductible 10- Errployee Hired Autos 1. BROAD FORM MANED INSURED SECTION II.A.1.-WHO IS AN INSURED -Paragraph d. is added: d. Any organization you newly acquire or form, except for a partnership, joint venture or limited liability company, and over which you maintain majority ownership or interest (51%or more)or for which you have assumed the active management, will qualify as a Named Insured if there is no other similar insurance available to that organization. However, coverage under this provision is only afforded until the end of the policy period or the 12-month anniversary of the policy inception date,whichever is earlier. 2 AUTOMATIC WAIVER OF SUBROGA11ON Section IV— Business Auto Conditions, Paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is deleted and replaced with the following: a If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for damages under this coverage form. AP-0401 (10/17) -1- 3. AUTOMATIC ADO I1ONAL INSURED SECTION II — WHO IS AN INSURED, Paragraph Al, is amended to include as an "insured" any person or organization who is required by written contract or agreement to be an additional insured on your policy, but only with respect to liability arising out of operations performed by you or on your behalf for the additional insured. 4. PRIMARY AND NONCONTRIBUTORY-OTHER INSURANCE CONDITION The following is added to the Other Insurance Condition in the Rosiness Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and Wit not seek contribution from any other insurance available to an"insured"under your policy provided that: 1. Such"insured"is a Named Insured under such other insurance;and 2 You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such"insured". 5. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 6. EXTENDED NOTICE OF CANCELLATION,NON-RENEWAL The COIMIION POLICY CONDITIONS , Item Alb, is deleted and replaced with the following: A2b. 60 days before the effective date of the cancellation if we cancel for any other reason. 7. WHEN WE DO NOT RENEW SECTION IV—BUSINESS AUTO CONDITIONS , is amended to add Item B.9.: a If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a above, it is agreed that you may extend the period of this policy for a maxdrnum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and.rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one-time sixty-day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a above. a NOTICE OF KNOWLEDGE OF ACCIDENT OR LOSS SECTION IV-BUSINESS AUTO CONDi11ONS , Item A2.a is deleted and replaced with the following: 2. Duties in the Event of Accident,Claim Suit or Loss: a You must see to it that we are notified of an "accident", "claim", "suit" or'Voss" which may result in a daim as soon as practicable after the "occurrence" has been reported to you, a partner, a member, an officer, or an employee designated to give notice to us. Notice should include: (1) I-bw,when and where the"accident"or"lass"occurred; AP-0401 (10/17) -2-