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HomeMy WebLinkAboutWest Coast Fence Company - 2025-04-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WEST COAST FENCE COMPANY FOR REMOVAL/INSTALLATION OF FENCING 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 West Coast Fence Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of removing and installing fencing. 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 Raul Guillen, 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. 25-16174/373123 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Thirty Thousand Dollars per year during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Community Development not to exceed amount. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence or as soon as practicable after the execution of this Agreement by City (the"Co ncement 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. 25-16174/373123 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, 25-16174/373123 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. 25-16174/373123 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. 25-16174/373123 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 West Coast Fence Company Attn: Director of Community Development Attn: Raul Guillen 2000 Main Street 1741 Pomona Avenue, #27 Huntington Beach, CA 92648 Costa Mesa, CA 92627 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. 25-16174/373123 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; 25-16174/373123 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. 25-16174/373123 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25-16174/373123 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 WEST COAST FENCE COMPANY municipal corporation of the State of California BYCe�CAL��i�41,J Z,e%t Mayor Ra526/irL c0;')/1%/ Print name ITS: (circle one) Chairman/President, Vice President City Clerk. AND c f By: 9 " £��'N/l/'0 INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial •Officer/Asst. Secretary-Treasurer (� D. ct r of Community Development APPROVED AS TO FORM: r City Attorney REVIEWED AND APPROVED: City Manager 25-16174/373123 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Repair, remove and install wrought iron, vinyl, wood, chain link fencing, gates, posts and top rails. All project are quoted by vendor prior to commencing work on any particular project. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-16174/373123 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: SEE ATTACHED EXHIBIT B B. Billing 1. All billing shall be done monthly for services completed the prior month. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the project. 3. 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. 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 25-16174/373123 12 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. 25-16174/373123 13 EXHIBIT B West Coast Fence co RATE SHEET ITEM# REMOVAL AND INSTALLATION OF CHAIN LINK FABRIC UNIT MINIMUM ITEM COST arr. 1 Remove and install 4' high chain link fabric LF (( G`= zp 2 Remove and install 6' high chain link fabric LF 3 Remove and install 8' high chain link fabric LF el, von 5aD" 4 Provide and install 4'high chain link fabric LF ' 'c' 5 Provide and install 6'high chain link fabric LF 6 6 Provide and install 8' high chain link fabric LF REMOVAL AND INSTALLATION OF CHAIN LINK POST MINIMUM ITEM# (INCLUDES LABOR,TRAVEL AND MATERIAL TO PERFORM UNIT QT'( ITEM COST THE DESCRIBED TASKS) 7 Line post-install 4'high x(1 '/"-1 %"diameter)in pavement each /2 ' �v 8 Line post-install 4'high x(2 %'-2'/"diameter)in pavement each /20 9 Line post-install 4' high x(1 Ye"-1 %"diameter)in soil each 72 7 10 Line post-install 4'high x(2 %'-2%"diameter)in soil each Ito' 11 Line post-install 6'high x(1 %"-1 '/"diameter)in pavement each /b) 12 Line post-install 6'high x(2 %'-2'/"diameter)in pavement each ig©"c— � aa 13 Line post-install 6'high x(1 5/"-1 %e"diameter)in soil each 14 Line post-install 6'high x(2 %'-2 18"diameter)in soil each f/0 =� 15 Line post-install 8' high x(1 5/"-1 '/"diameter)in pavement each 27‘5 16 Line post-install 8' high x(2 %'-2 V"diameter)in pavement each 2/4, 17 Line post-install 8'high x(1 %"-1 '/"diameter)in soil each 18 Line post-install 8'high x(2 %'-2%"diameter)in soil each 2/p 19 Terminal post-install 4' high x 2%'in pavement each 2d0c.... 20 Terminal post-install 4' high x 2%'in pavement each 26p%-• 21 Terminal post-install 4'high x 2%'in soil each .f.‘,0 22 Terminal post-install 4'high x 2%'in soil each 1p g � 23 Terminal post-install 6' high x 2%'in pavement each 2 ." ' 24 Terminal post-install 6' high x 2'/'in pavement each • f 2O o 26 Terminal post-install 6' high x 2%'in soil each G 20 r^ 26 Terminal post-install 6"high x 2'/'in soil each 2?e9 27 Terminal post-install 8'high x 2%'in pavement each '2D 28 Terminal post-install 8' high x 2'/a'in pavement each 29 Terminal post-install 8'high x 2 Yc'in soil each 324 oF' 30 Terminal post-install 8' high x 2'/e'in soil each 0' CONCRETE FOR FENCE POSTS SHALL HAVE A MINIMUM COMPRESSION STRENGTH OF 4,000 PSI. FENCE POST FOOTINGS TO BE A MINIMUM OF 3 TIMES THE POST DIAMETER. FENCE POST FOOTINGS TO BE MINIMUM OF 24'DEP FOR 4'AND 6'HIGH POSTS AND 36"DEEP FOR 8" HIGH POSTS MINIMUM ITEM# MISCELLANEOUS TASKS UNIT QTY. ITEM COST 31 Re-stretch chain link fabric LF 32 Remove and replace top rail LF 33 Remove and replace bottom tension wire LF 34 Welding HR /10 � d 35 Welding(after hours) HR / <0 36 Labor Rate HR / 6 7"= 37 Labor Rate(after hours) HR f�'I 38 Mark up on materials 0/0 AC�® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 02/06/2025 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Andrea Martin Excelsure Insurance Services 18377 Beach Blvd., Ste. 325 (A/CTo.Exl)�_ (714) 796-1000 (AA/C,No):(714) 796-1001 E-MAIL ADDRESS: certs@excelsure.com Huntington Beach CA 92648 INSURERS)AFFORDING COVERAGE NAIL N IN siRERA:Continental Casualty Company 20443 INSURED INSURERB: Raul Guillen DBA: West Coast Fence INSURER C: 1741 Pomona Ave Spc 27 INSURERD: Costa Mesa CA 92627 INSURERE: (949) 574-2558 INSURER F: COVERAGES SN CERTIFICATE NUMBER:Cert ID 16897 (8) 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 SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY] A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGE 1 CLAIMS-MADE ( X 1 OCCUR C6985616421 01/27/2025 01/27/2026 PREMSESO(EaENTED occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL 3 ADV INJURY S 1,000,000 GENT_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY( l jE� LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILYINJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLALIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE S DEL) RETENTION$ S WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY TH- STATUTE ERO YIN ANYPROPRIETORIPARTNERIEXECl1TIVE E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The Certificate Holder, when required by written contract, is an Additional Insured with respects to the General Liability policy as per attached form CNA97587XX (3-2022) .City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as Additional Insureds as per policy language referenced above and with respect to thlAp ED AS TO FOR Liability as per form CNA97587XX (4-2020) . MICHAEL J.VIGLIOTTA CERTIFICATE HOLDER CANCELLATION CITY ATTOR ONBEACH CITY Of HUNTING 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 St AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page I of 1 ' 1 00 DATE(MMIDD/YYYY) A`R o CERTIFICATE OF LIABILITY INSURANCE 01/31/2025 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 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 LILIANA CUTINO STEVEN HILL, STATE FARM INSURANCE PHONE .e,n1:949-646-9393 FAX Ne),949-574-8658 StateFarm 3001 REDHILL AVENUE BLDG 5, SUITE 202 E-MAIL -M Ess:liliana.cutinogonzalez.vaacyb@statefarm.com COSTA MESA, CA 92626 INSURER(S)AFFORDING COVERAGE NAIC# O'O. State Farm Mutual Automobile Insurance Company 25178 INSURER A: INSURED GUILLEN, RAUL INSURERB: 1741 POMONA AVE SPC 27 INSURERC: COSTA MESA CA 92627-3667 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ADMSUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DDIYYYY) (MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO $ -1 CLAIMS-MADE OCCUR PREMISES(EaENTED occurrence) S MED EXP(Any one person) $ PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: A AUTOMOBILE LIABILITY 339 5656-B22-75E 0210212025 02/22/2026 COa acMBddenINEDU SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) S ALL OWNED X SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS HIRED AUTOS AUTOS (Per PROPERTY DAMAGE $ (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION$ S WORKERS COMPENSATION PER H STATUTE 1 ER AND EMPLOYERS'LIABILITY YI N ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE$ If yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 2017 Ford F350 SD Pickup VIN:1 FT8W3BT5HEB53319 CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 St THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach, CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 64&,;1,p ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 DATE(MWDONYYY) AR o CERTIFICATE OF LIABILITY INSURANCE 01/21/2025 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 Eric Ferraro NAME: StateFarm Eric Ferraro (A/c No.Exit: 714-557-7200 FAX (A/C.Nol: 17195 Newhope Street Suite 104 E-MAIL D as; eric.ferraro.vabbcy@statefarm.com INSURER(S)AFFORDING COVERAGE NAM N Fountain Vly CA 927084211 INSURER A: State Farm Fire and Casualty Company 25143 INSURED INSURER B: Guillen,Raul INSURER C: 1741 POMONA AVE SPC 27 INSURER D: INSURER E: COSTA MESA CA 926273667 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ADD SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD (MM/DD/YYYY) (MMIDD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ RENTEDDAMAGE TO CLAIMS-MADE OCCUR PREMISES(Eaoccurrencel $ MED EXP(My one person) $ PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY JERCT I LOC PRODUCTS-COMP/OP AGG S OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILYINJURY(Perperson) S — OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S _ _ HIRED NON-OWNED PROPER IT DAMAGE _ AUTOS ONLY _ AUTOS ONLY (Per accident) $ S UMBRELLA LIAB _OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE FR $ ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDED? N NIA N 92-TA-J477-6 09/01/2024 09/01/2025 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 This form was system-generated on 01/21/2025 . ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1001484 2005 155279 205 01-19-2023 BEST CHOICE CONTRACTOR PROGRAM CNA Blanket Additional Insured - Owners, Lessees or Contractors This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number: C6985616421 Endorsement Effective: 2/3/2025 at 12:01 a.m. Named Insured: RAUL GUILLEN DBA: WEST COAST FENCE SCHEDULE Name of Additional Insured Person(s) or Organization(s): (Blanket) (Specific) Any person or organization that the Named Insured is City of Huntington Beach,its officers,elected or appointed obligated by virtue of a written contract or written officials,employees,agents and volunteers agreement to make an additional Insured on this Coverage Part, provided such contract or agreement: 2000 Main Street • Is currently in effect or becomes effective during Huntington Beach,Ca 92648 the policy period; and • Was executed prior to: a. the"bodily injury," or"property damage"; or b. the offense that caused the"personal and advertising injury"; for which the additional insured seeks coverage. Location(s)of Covered Operations: Any location in the "coverage territory" that is Various location throughout CA subject to the contract or agreement specified above. A. Section II—Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. 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 part of the same project. C. With respect to the insurance afforded to these additional insureds,this insurance also 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 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. Supervisory, inspection, architectural or engineering activities. D. Primary and Noncontributory Insurance CNA97587XX(4-2020) Policy No: C6985616421 Page 1 of 2 Endorsement No: Effective Date: 02/3/2025 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.used with permission. BEST CHOICE CONTRACTOR PROGRAM CNA Blanket Additional Insured - Owners, Lessees or Contractors If so required by a written contract or written agreement,this insurance will be primary to, and will not seek contribution from,other insurance under which the additional insured is a named insured. But in all other instances, and notwithstanding anything to the contrary in the condition entitled Other Insurance,this insurance will be excess of any other insurance available to the additional insured. E. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following to the condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit: Any additional insured pursuant to this Coverage Part will,as soon as possible: 1. Give us written notice of any claim, or of any"occurrence"or offense that may result in a claim; 2. Send us copies of all legal papers received and otherwise cooperate with us in the investigation, defense or settlement of the claim; and 3. Make available any other insurance and tender the defense and indemnity of any claim to any other insurer or self-insurer whose policy or program applies to a loss that we cover under this Coverage Part. However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. F. Solely with respect to the insurance granted by this endorsement: 1. The words"you"and"your"refer to the Named Insured shown in the Declarations. 2. "Your work" means work or operations performed by you or on your behalf,and materials parts or equipment furnished in connection with such work or operations. G. Blanket Waiver of Subrogation We waive any right of recovery we may have against an entity that is an additional insured under the terms of this endorsement with respect to payments we make for injury or damage arising out of"your work"done under a written contract or written agreement with that person or organization, provided such contract or agreement: 1. Requires such a waiver of our rights; 2. Is currently in effect or becomes effective during the policy period;and 3. Was executed prior the "bodily injury", "property damage"or"personal and advertising injury"that gave rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA97587XX(4-2020) Policy No: C6985616421 Page 2 of 2 Endorsement No: Effective Date: 02/3/2025 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.used with permission. POLICY NUMBER:C6985616421 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Huntington Beach,its officers,elected or Fencing maintenance and repair projects.The work appointed officials,employees,agents and volunteers may include metal fabrication,chain link repairs,etc. 2000 Main St Huntington Beach,CA,92648 Various locations throughout CA Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for"bodily injury"or"property will not be broader than that which you are damage"caused,in whole or in part,by"your work" required by the contract or agreement to provide at the location designated and described in the for such additional insured. Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 B. 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 ©Insurance Services Office, Inc.,2018 CG 20 37 12 19