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Ace Crane Services, Inc. - 2025-04-08 (2)
SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ACE CRANE SERVICES,INC. FOR INSPECTION AND REPAIR OF THE CITY'S WATER WELL AND BOOSTER STATION CRANES 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 Ace Crane Services, Inc.,hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of inspecting and repairing water well and booster station cranes. 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 Terry Wissert, 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. 25-16070/370840 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 ($30,000.00) annually (12 month period) 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 gM25 , 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. 25-16070/370840 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, 25-16070/370840 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. 25-16070/370840 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. 25-16070/370840 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 Ace Crane Service, Inc. Attn: Director of Public Works Attn: Terry Wissert 2000 Main Street 8221 Wilcox Avenue Huntington Beach, CA 92648 Cudahy, CA 90201 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. 25-16070/370840 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; 25-16070/370840 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. 25-16070/370840 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. 25-16070/370840 9 r 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 ACE CRANE SERVICE, INC., municipal corporation of the State of California / By: Mayor Prin e ITS: (circle one) Chairm esident0 Vice President City lerk ► I By: _� Cz�s J� �-- INITIATED AND APPROVED: ITS: (circle o ��(�_ _ 'ef Financial Officer/Asst. Secretary- reasurer irector of Public Works APPROVED AS TO FORM: ity Attorney („,e. REVIEWED AND APPROVED: City Manager 25-16070/370840 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Inspection and repair of the City's Water well and Booster Station cranes B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-16070/370840 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: $145.00 per hour 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 25-16070/370840 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. 25-16070/370840 13 ir'r..,,, AC R® DATE(MMIDD)YYYY) CERTIFICATE"OF LIABILITY INSURANCE 2/26(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 G INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER;AND THE CERTIFICATE HOLDER IMPORTANT!. If the;certificate holder Is an,ADDITIONAL INSURED,the policy(les)must have,ADDITIONALSU.IN RED 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 ce0ifloOte'ildee'not confer rights:tD the certificate holder in Beu.of such endorsenient(s).. . PRODUCER 'CONTACT - - NAme. Certificate Department Edgewood:Partners Insurance Centers(EP(C):. PHONE. FAX • San-Mateo:-::Branch ID 14605]DIV#452. (A/C.No.Ex):925:244• 770a tArc.Na1:925'1901.0671: P.O..BOX 5003 a DRESS: E•PICcelts epicbrokers,com san.MafeoCA94583. INSUREIt(S)AFFORoaideoVERAGE; . NAICE. Unenseik 0829370 INSURERA:Travelers Property'Casuaity.CO of:Amer 25674: INSURED _ INSURER lir The Travelers Indemnity Company of CT 25682. A One S.erv. RO.Box.'119 , Inc,: INSURERci Navigators Specialty`Insurance..Company. 36056 Cudahy CA 90201 INSURER D:. INSURER'E:: .. .. ... INSURER F:i: COVERAGES CERTIFICATE NUMBER:115387001 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 CONDITIONSOF SUCH;POLICIES.LIMITS SHOWN MAY HAVE:BEEN REDUCED BY PAID:CLAIMS; INSR ADM.:SUER- POLICY EFF. POLICY EXP. - . LTR' TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/VYYYI TMMIDDNYYYYL. LIMITS A X. COMMERCIALGENERAL LIABILITY' . Y6308467L686TIL24 4/27/2024: 4/27/2025 EACH OCCURRENCE $1,000,0001. . DAMAGE TO RENTED"" ClA1MS.MADE I X I.occur:. PREMISES(Ea occurrence) ;S 300,000` 'MEO EXP(Anyone person) $5,000 • • i PERSONAL&ADVINJURY.' :$1,000000: .. • • • • GEN'L AGGREGATE LIMIT:APPLIES PERt - 'GENERAL-AGGREGATE: .$2000,000' X' POLICY I 1•J CT. ) I LOC •PRODUCTS-'COMPIOP.AGG `5.2,000000: 'OTHER: S B A(n'oMOEILELIABILITY • t3A9M33777A2414G 4/27/2024. 4/27/2025. .COMBINED SINGLE LIMIT :.$1,000,000 ' (Ea_acciden0 X ANY AUTO' BODILY INJURY(Pnc person) S; OWNED- SCHEDULED - AUTOS:ONLY AUTOS BODILY INJURY(Peracctdent):S HIRED: NON:OWNED PROPERTY DAMAGE ., AUTOS ONLY X AUTOS ONLY (Per ecctdent) $ ,$ A X: UMBRELLA UAB X 'OCCUR CUP4J296887241.4 4/27/2624 4/27/2025 EACH OCCURRENCE $4;000,000 EXCESS CLAIMS-MADE AGGREGATE $4i000;000' DED RETENTIONS' S q WORKERScoMPENSATIQN 1B4K0580682414Gr 4/27/2024 4/27/2025: X: •STATUTE ERH AND EMPLOYERS`LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE Y/N E.L.EACH ACCIDENT 'S 1,000,o00' OFFICERIMEMBEREXCLUDEDT NIA (Mandatory hi NH), EL.DISEASE-.EAEMPLOYEE•51,000,000 If yes;describe under DESCRIPTION OF:OPERATIONSbefovi E.L.DISEASE-POLICY LIMIT -S1,000,000 C ContrectorPollulanUability- SF22ECPZ07V221C 4/27/2024 4/27/2025 Limit: 1;000;000. Deductible: 10,0011 , ' DESCRIPTION OF OPERATIONS(LOCATIONS(VEHICLES::(ACORD:1a1,Additional Remarks Schedule.may be attachee If}mre,spaco Is required) RE:,Work performed by name insured/ .ADDITIONALINSURED:The City of Huntington'Beach,Its officers;elected`or.appointed officials,employees;agents.and volunteers; . .. • ,APPROVED.AS TO".F.OR . MICHAEL.J:VIOLtOTTA CITY ATTORNEY, CERTIFICATE HOLDER CANCELLATIONY OF HUNTINGTON;BEACH. 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 Hu. ,: ntington Beach:CA 92648. ei. . . , . . . • /0.•,,,,,,,"•,..:„.....,14,,t,„:.:.,. . ©1938-2015:ACORD CORPORATION. All.rights;reserved. ACORD 20(2016/03) The ACORD'.name and logo are registered,marks of ACORD COMMERCIAL'GENERAL LIABILITY POLICY NUMBER: ISSUE bAtE:. 03-31-2.5 THIS,ENDORSEMENT CHANGES 1-HE:POLICY:.PLEASE REAL. IT. CAREFULLY. SCHEDULED ADDITIONAL INSURED (Includes1Erodutt -Co-mpletetV0perations If Required By Contract) This endorsement modifies:insurance provided under the following: COMMERCIAL GENERAL LIMILITYCOVERA6E,PART SCHEDULE OF ADDITIONAL INSUREDS AND:COVERED OPERATIONS NAME OF PERSON OR oRoANIzAtiON:. THE CITY OF HIINTINSTOW,SEACW, ITS OFFICERS, ELECTED OR '1115.0i0010;', EMPLOYEES/ AGENTS D VOLUNTEERS 2000-MAIN STREET HUNTINGTON BEACH CA 92648- : PROJECTILOCATION OF coVERED OPERATIONS: • ACE CRANE WILL BE SERVING'THEIR INDOOR CRANES. PROVISIONS: The insurance.'provided.to Such additional insured:is • The following is added to SECTION II—WHO IS AN subject to the following provisions• 1NSUREIX a. If the Limits. of Insurance of this Coverage.Part ' Any person or organization shown in the Schedule shown in the Declarations exceed the minimum, - Of Additional Insureds And Covered.Operations that limits required. 'by the. written contract or you agree in. a written contract or agreement: to agreement, the insurance provided to the , include as an additional insured on, this Coverage additional' insured will be limited to such Part is an insUred,but only minimum required limits For the purposes of determining whether this limitation aPplies, the a, With respect to liability for "bodily injury" or minimum limits requited by the written contract or "property damage" that occurs, or for "personal agreement, will be considered to include the injury" caused by an Offense that is committed, minimum limits of any Umbrella or Excess subsequent to the Signing. of that contract or liability coverage required for the additional agreement and while that part of the contract or insured by that written contract or agreement: agreement is in effect and This provision will not increase the limits of insurance described in Section III — Limits Of b. If, and: only to the extent that, such injury or damage is.caused by pets or omissions of.you or Insurance. your subcontractor in the performance of"your b. The insurance provided to ,such additional work" on .Or for the project, or at the location, insured does not apply to: shoWn in the schedule of Additional InsurecIS (1) Any "bodily injuty", "property damage" or And Covered Operations to,which the;written "personal injury" arising out of the:prOviding, contract or ag(eernent applies, Such person or or failure- to provide, any professional organization does: not qualify as an additional architectural, engineering or sun/eying insured with respect to the independent-acts or servitesi including: omissions of such person or organization. CG D2 47 04.19 0.2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) The preparing, approving;, or failing to (c) The nature and;location of any injury or prepare or approve, maps, shop damage arising out of the:"occurrence" drawings, opinions, reports, surveys, or offense. field orders. or change :orders, or the (2) If a claim is:made or"suit"is brought'against preparing, approving, or failing to the additional insured: prepare or :approve, drawings and specifications;and (a) Immediately record the specifics of the claim or"suit"and the date.received;and (b) Supervisory,.'inspection, architectural or engineering;activities, (b) Notify us as soon as practicable and see to it that we receive written notice of the (2) Any 'bodily Injury" or "property damage" claim or"suit"as:soon as practicable: caused by'your work" and included in the "products-completed operations hazard". (3) immediately send us copies of all. legal papers received in connection with the claim unless the written contract *or agreement or "suit",, cooperate with us in the specifically requires you, to provide, such investigation or settlement of the claim or coverage:for that additional insured during defense against the "suit', and otherwise the policy period. comply with all policy conditions: c, The additional insured must comply with .the (4) Tender the defense and indemnity of any following duties: claim or "suit" to any provider: of other (1) Give us written notice:as soon as practicable insurance which would cover such additional of an "occurrence" or an offense which may insured for a loss we cover: However, this result in a.claim.To the extent possible, such condition. does not: affect whether the notice should include: insurance: provided: to such additional (a) How, when and where the."occurrence" insured xis pnma►y to. "other insurance or offense took place; available,to such:..additional insured which.;, ' covers thatX person or organization as 'a. (b) The names and:addresses of any injured named insured as described in Paragraph.4., persons and witnesses;and; Other Insurance,,;of Section IV Commercial General Liability Conditions.. Page 2'of 2: m 2018 The Travelers Indemnity Company.All tights reserved. CG'D2.47'04.19 ,. .. . , ... . ., , . . , . .. ....... .. Policy Nuriter04:6.0M,01600;111$2.4';':7.1:,:,, . .... .Q0MIVIRCIAt:poiRALLIABturt THS.:.ENDORSEmENTOHANOE$THE Poticy..PLEASE READ IT:0AREPUI_LY;.,. .. ,.. . . , . , . . BLANKET ADDITIONAL INSURED . (Inclu:desProducts-Completed.Operations If Required.By Contract) ThIsoodorsomei.4 moos:insurance provided'under the following:: '.03MMEROIAL.GENERAL LIABILITYCOVERAGE COVERAGEPART . . PROVISIONS :(1): Any ilhodily injury"! "property damage!' or The following is added to SECTIoN.it--WHais AN. "'personal-.Injury" arising out of the OM/Wing.,, INSUREDt or failure to provide; any professional . architectural, engineering Or surveying. Any person or- organization that you agree: in:,a serVicee,;:incloding: written :contract or agreement to include :go :an additional: Insured on this ::Coverage Part, is•,ah: (a) The preparing, approving, or falling to Insured,but oniSil: prepare or approve, maps, shop aa With. respect to liability for "bedily. injury' Or :drawings, opinions!, reports,. surveys,, .,. "property damage" that occurs, or for "personal field orders: Or. change orders, or the .,. injury" caused by an offense that Is committed,. preparing, approving, or felling 10 subsequent:P:',0: the signing of that contract er prepare or approve, drawings and 'agreement and while that part of the contract er specifications, and agreement Is in:effect;:and ,04) :stioe (sorY; inspection, architeCturel.or b.,. .11, and only: Id the extent.that,fsiloh :injury or engineering activities,' • - • -• • • damage Is caused by acts or you or your subcontractor in the performance of"your (2) Any "bodily Nor?' or "property :.clernage", Werie-lowhIChihe written contract or agreement :000sed by "your work'and included in the • • applies,. Such person or organization does not "products-completed.:.: operations he,4014!. qualify as an additional,Insured with respect to: unless the written: contract or agreement the independent. acts or omissions. of such specifically requires you to.. provide such: ... . person or organization:, coverage for that'additional insured dining The lhalitariCe provided to such additional Insured Is the pOliey.peried.- subject to thefollowingprOvielons; :c..; The .additional insured must comply with the a If the.tiMitS,of insurance of this Coverage part: following duties shown in the Declarations exceed the minimum- limits required by the written contract or ::(11:Give..uo Writton notice asseon as pro:0100We . . . agreeffient :the, insurance.. provided, to: the: Olen."OOOkeTer100' or an offense:Wt$91)."-OPY additional insured will be limited to such result in'a eleiretTo:.themdent possible,such minimum required limits. For the purposes'.Of notice should include:. determining..Whether this limitation applies, the. (a) How, when and where the "occurrence" minimum limits required by the written'contract or • or offense tobk place, agreement•Will •be::considered, to include the: minimum lints. of any Umbrella or .Excess (b) The,panipeand addresses of any injured liability coverage required for..the. additional ' persons and witnesses, and insured by that written-contract or agreement . . (C) The:nature:and:location Of any:Injury or Thle prOVISIOn:Wilt net litreate,the: knits Of . . .. . " "occurrence" damage arising. out of the:r : Insurance described in Section Ill — Limits Of • Insurance. , or-offense. , . 0.. The insurance provided to such additional (2) if claim is made cir"Oult"iebrought against insured does not.applyto:: the::additional biome& : . C%D2.46:04,19. Oitil 8 The Travelers indemnity Company.All ittihMreserved. Page 1:of:2 • COMMERCIAL GENERAL LIABILITY (a). Immediately:Word the specifics'Of the (4) TOiidet:the defense and Inderhriity Of:any claim or"suit"and the data received, and claim or-"stite.' to ;Any provider of: other . (b) Notify.;US as tOOn tiSvradtiCabla:and see Insnrance'which..would cover such:additionet latt.that we receive notice of the Insured for a loss, we cover. However; this claim or'!snit"as soon as praCticable. condition does not affect Whether. the. Insurance provided to suchadditional (3) ItriniediatOy. send us copies of all, legal Prialat-yto•,:4-0ther:olitaurettO.0. •,, papers tocalYed In opanaction with the claim available, insured: which or cooperate with us In the s.. , coversthat personiZation AS: a: investigation.or settlement of the claim or organization as named In:Sated described In Paragraph 4, defense: against :the "suit",, and otherwise Other :•V Insurance, of Section I -;'Commercial comply with 0.0110ytonditiOnS. .. • . , General Liability Conditions,. • • • • • • page,2:of :@i20taTro;Triivolei'o othaiihityciitrip5nyi.A11001t6 tetenied: CG 0246 04 19: • POLICY NUMBER: Y-630-8467L686-TIL-24 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR MANUFACTURERS AND WHOLESALERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. Who Is An Insured—Unnamed Subsidiaries H. Blanket Additional Insured — Governmental B. Who Is An Insured — Employees And Volunteer Entities — Permits Or Authorizations Relating To Operations Workers — Bodily Injury To Co-Employees And Co-Volunteer Workers I. Blanket Additional Insured — Grantors Of Franchises C. Who Is An Insured — Newly Acquired Or Formed Limited Liability Companies J. Incidental Medical Malpractice D. Blanket Additional Insured—Broad Form Vendors K. Medical Payments—Increased Limit E. Blanket Additional Insured—Controlling Interest L. Blanket Waiver Of Subrogation F. Blanket Additional Insured—Mortgagees, M. Contractual Liability—Railroads Assignees, Successors Or Receivers G. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To • Premises PROVISIONS A. WHO IS AN INSURED — UNNAMED a. Before you maintained an ownership interest SUBSIDIARIES of more than 50% in such subsidiary;or The following is added to SECTION II —WHO IS b. After the date, if any, during the policy period AN INSURED: that you no longer maintain an ownership Any of your subsidiaries, other than a partnership, interest of more than 50%in such subsidiary. or joint venture, that is not shown as a Named For purposes of Paragraph 1. of Section II—Who Insured in the Declarations is a Named Insured if: Is An Insured, each such subsidiary will be a. You are the sole owner of, or maintain an deemed to be designated in the Declarations as: ownership interest of more than 50% in, such subsidiary on the first day of the policy period; a. A limited liability company; and b. An organization other than a partnership,joint b. Such subsidiary is not an insured under venture or limited liability company;or similar other insurance. No such subsidiary is an insured for"bodily injury" c. A trust; or"property damage" that occurred, or "personal as indicated in its name or the documents that and advertising injury" caused by an offense govern its structure. committed: - CG D4 58 0219 ©2017 The Travelers Indemnity Company.Alt rights reserved. Page 1 of 5' Includes copyrighted material of Insurance Services Office,Inc.with its permission COMMERCIAL GENERAL LIABILITY B. WHO IS AN INSURED — EMPLOYEES AND a. A limited liability company; VOLUNTEER WORKERS—BODILY INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER b. An organization, other than a partnership, . WORKERS joint venture or limited liability company; or The following is added to Paragraph 2.a.(1) of SECTION II—WHO IS AN INSURED: c. A trust; Paragraphs(1)(a),(b) and(c)above do not apply as indicated in its name or the documents to "bodily injury" to a co-"employee" while in the that govern its structure, course of the co-"employee's"employment by you D. BLANKET ADDITIONAL INSURED — BROAD or performing duties related to the conduct of your FORM VENDORS business, or to "bodily injury" to your other "volunteer workers" while performing duties The following is added to SECTION II—WHO IS related to the conduct of your business. AN INSURED: C. WHO IS. AN INSURED — NEWLY ACQUIRED , Any person or organization that is a vendor and OR FORMED LIMITED LIABILITY COMPANIES that you have agreed in a written contract or The following replaces Paragraph 3. of SECTION agreement to include as an additional insured on II—WHO IS AN INSURED: this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property 3. Any organization you newly acquire or form, damage"that: other than a partnership or joint venture, and a. Occurs subsequent to the signing of that of which you are the sole owner or in which contract or agreement;and you maintain an ownership interest of more than 50%, will qualify as a Named Insured if b. Arises out of "your products" that are, there is no other similar insurance available to distributed or sold in the regular course of that organization.However: such vendor's business. a. Coverage under this provision is afforded The insurance provided to such vendor is subject only: to the following provisions: (1) Until the 180th day after you acquire a. The limits of insurance provided to such or form the organization or the end of vendor will be the minimum limits that you the policy period,whichever is earlier, agreed to provide in the written contract or if you do not report such organization agreement, or the limits shown in the in writing to us within 180 days after Declarations,whichever are less. you acquire or form it; or b. The insurance provided to such vendor does (2) Until the end of the policy period, not apply to: when that date is later than 180 days (1) Any express warranty not authorized by after you acquire or form such you or any distribution or sale for a organization, if you report such purpose not authorized by you; organization in writing to us within 180 days after you acquire or form it; (2) Any change in "your products" made by b. Coverage A does not apply to "bodily such vendor, injury"or"property damage"that occurred (3) Repackaging, unless unpacked solely for before you acquired or formed the the purpose of inspection, demonstration, organization;and testing, or the substitution of parts under c. Coverage B does not apply to "personal instructions from the manufacturer, and and advertising injury" arising out of an then repackaged in the original container; offense committed before you acquired or (4) Any failure to make such inspections, formed the organization. adjustments, tests or servicing as For the purposes of Paragraph 1. of Section II vendors agree to perform or normally —Who Is An Insured, each such organization undertake to perform in the regular will be deemed to be designated in the course of business,in connection with the Declarations as: distribution or sale of"your products"; Page 2 of 5 ©2017 The Travelers Indemnity Company.AU rights reserved. CG D4 58 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission • COMMERCIAL GENERAL LIABILITY (5) Demonstration, installation, servicing or liability as mortgagee, assignee, successor or repair operations, except such operations receiver for "bodily injury", "property damage" or performed at such vendor's premises in "personal and advertising injury"that: connection with the sale of "your a. Is "bodily injury" or "property damage" that products";or occurs, or is "personal and advertising injury" (6) "Your products" that, after distribution or caused by an offense that is committed, sale by you, have been labeled or subsequent to the signing of that contract or relabeled or used as a container, part or agreement;and ingredient of any other thing or substance. b. Arises out of the ownership, maintenance or by or on behalf of such vendor. use of the premises for which that mortgagee, Coverage under this provision does not apply to: assignee, successor or receiver is required a. Any person or organization from whom you under that contract or agreement to be have acquired "your products", or any included as an additional insured on this ingredient, part or container entering into, Coverage Part. accompanying or containing such products; The insurance provided to such mortgagee, or assignee, successor or receiver is subject to the b. Any vendor for which coverage as an following provisions: additional insured specifically is scheduled by a. The limits of Insurance provided to such endorsement. mortgagee, assignee, successor or receiver E. BLANKET ADDITIONAL INSURED — will be the minimum limits that you agreed to CONTROLLING INTEREST provide in the written contract or agreement, or the limits shown in the Declarations, 1. The following Is added to SECTION II—WHO whichever are less. IS AN INSURED: b. The insurance provided to such person or Any person or organization that has financial organization does not apply to: control of you is an insured with respect to (1) Any "bodily injury" or"property damage" liability for "bodily injury", "property damage" „ or"personal and advertising injury"that arises that occurs, or any personal and out of: advertising injury' caused by an offense that is committed, after such contract or a. Such financial control; or agreement is no longer in effect;or b. Such person's or organization's (2) Any"bodily injury", "property damage" or ownership, maintenance or use of "personal and advertising injury" arising premises leased to or occupied by you. out of any structural alterations, new The insurance provided to such person or construction or 'demolition operations organization does not apply to structural performed by or on behalf of such alterations, new construction or demolition mortgagee, assignee, successor or operations performed by or on behalf of such receiver. person or organization. G. BLANKET ADDITIONAL INSURED — 2. The following is added to Paragraph 4. of GOVERNMENTAL ENTITIES — PERMITS OR SECTION I1—WHO IS AN INSURED: AUTHORIZATIONS RELATING TO PREMISES This paragraph does not apply to any The following is added to SECTION II—WHO IS premises owner, manager or lessor that has AN INSURED: financial control of you. Any governmental entity that has issued a permit F. BLANKET ADDITIONAL INSURED — or authorization with respect to premises owned MORTGAGEES, ASSIGNEES, SUCCESSORS or occupied by, or rented or loaned to, you and OR RECEIVERS that you are required by any ordinance, law, The following is added to SECTION II —WHO IS building code or written contract or agreement to AN INSURED: include as an additional insured on this Coverage Part is an insured, but only with respect to liability Any person or organization that is a mortgagee, for"bodily injury","property damage" or"personal assignee, successor or receiver and that you and advertising injury" arising out of the have agreed in a written contract or agreement to existence, ownership, use, maintenance, repair, include as an additional insured on this Coverage construction, erection or removal of any of the Part is an insured, but only with respect to Its following for which that governmental entity has CG D4 58 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office,Inc.with its permission COMMERCIAL GENERAL LIABILITY issued such permit or authorization: advertising services", first aid or "Good Samaritan signs, awnings, canopies, cellar entrances, coal services" to a person, unless you are in holes, driveways, manholes, marquees, hoist the business or occupation of providing away openings, sidewalk vaults, elevators, street professional health care services. banners or decorations. 2. The following replaces the last paragraph of H BLANKET ADDITIONAL INSURED — Paragraph 2.a.(1) of SECTION II — WHO IS GOVERNMENTAL ENTITIES — PERMITS OR AN INSURED: AUTHORIZATIONS RELATING TO OPER- ATIONS Unless you are in the business or occupation of providing professional health care services, The following is added to SECTION II —WHO IS Paragraphs (1)(a), (b), (c) and (d) above do AN INSURED: not apply to "bodily injury" arising out of Any governmental entity that has issued a permit providing or failing to provide: or authorization o atiyou with respect pechato f and that rions s (a) "Incidental medical services" by any of pby YY your "employees" who is a nurse, nurse are required by any ordinance, law, building code assistant, emergency medical technician, or written contract or agreement to include as an paramedic, athletic trainer, audiologist, additional insured on this Coverage Part is an dietician, nutritionist, occupational insured, but only with respect to liability for"bodily injury", "property damage" or "personal and therapist or occupational therapy advertising injury"arising out of such operations. assistant, physical therapist or speech- The insurance provided to such governmental language pathologist; or entity does not apply to: (b) First aid or"Good Samaritan services" by a. Any "bodily injury', "property damage" or any of your "employees" or "volunteer "personal and advertising injury"arising out of workers , other than an employed or operations performed for the governmental volunteer doctor. Any such "employees" entity;or or"volunteer workers" providing or failing b. Any "bodilyinjury" or "property dama e" to provide first aid or "Good Samaritan J ry' g services" during their work hours for you included in the "products-completed will be deemed to be acting within the operations hazard". scope of their employment by you or I. BLANKET ADDITIONAL INSURED — performing duties related to the conduct GRANTORS OF FRANCHISES of your business. The following is added to SECTION II—WHO IS 3. The following replaces the last sentence of AN INSURED: Paragraph 5. of SECTION Ill — LIMITS OF Any person or organization that grants a franchise INSURANCE: to you is an insured, but only with respect to For the purposes of determining the liability for "bodily Injury", "property damage" or applicable Each Occurrence Limit, all related "personal and advertising injury" arising out of acts or omissions committed in providing or your operations in the franchise granted by that failing to provide "incidental medical person or organization. services", first aid or "Good Samaritan If a written contract or agreement exists between services"to any one person will be deemed to you and such additional insured, the limits of be one"occurrence". insurance provided to such insured will be the 4. The following exclusion is added to minimum limits that you agreed to provide in the Paragraph 2., Exclusions, of SECTION I — written contract or agreement, or the limits shown COVERAGES — COVERAGE A — BODILY in the Declarations, whichever are less. INJURY AND PROPERTY DAMAGE J. INCIDENTAL MEDICAL MALPRACTICE LIABILITY: 1. The following replaces Paragraph b. of the Sale Of Pharmaceuticals definition of "occurrence" in the "Bodily Injury" or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or b. An act or omission committed in providing ordinance relating to the sale of pharmaceuticals committed by, or with the or failing to provide "incidental medical knowledge or consent of,the insured. Page 4 of 5 ©2017 The Travelers Indemnity Company.All rights reserved. CG D4 58 02 19 Includes copyrighted material of Insurance Services Office,inc.with its permission COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS a. $10,000;or Section: b. The amount shown In the Declarations of "Incidental medical services" means: this Coverage Part for Medical Expense a. Medical,surgical,dental, laboratory,x-ray Limit. or nursing service or treatment, advice or L BLANKET WAIVER OF SUBROGATION instruction, or the related furnishing of The following is added to Paragraph 8., Transfer food or beverages; or Of Rights Of Recovery Against Others To Us, b. The furnishing or dispensing of drugs or of SECTION IV — COMMERCIAL GENERAL medical, dental, or surgical supplies or LIABILITY CONDITIONS: appliances. If the insured has agreed in a contract or 6. The following is added to Paragraph 4.b., agreement to waive that Insured's right of Excess Insurance, of SECTION IV — recovery against any person or organization, we COMMERCIAL GENERAL LIABILITY waive our right of recovery against such person or CONDITIONS: organization, but only for payments we make This insurance is excess over any valid and because of: collectible other insurance, whether primary, a. "Bodily injury" or "property damage" that excess, contingent or on any other basis, that is available to any of your "employees" for occurs; or "bodily Injury" that arises out of providing or b. "Personal and advertising injury" caused by failing to provide"Incidental medical services" an offense that is committed; to any person to the extent not subject to subsequent to the execution of the contract or Paragraph 2.a.(1) of Section II —Who Is An agreement. Insured. M. CONTRACTUAL LIABILITY—RAILROADS K. MEDICAL PAYMENTS—INCREASED LIMIT 1. The following replaces Paragraph c. of the The following replaces Paragraph 7. of SECTION definition of "Insured contract" in the III—LIMITS OF INSURANCE: DEFINITIONS Section: 7. Subject to Paragraph 5. above, the Medical c. Any easement or license agreement; Expense Limit is the most we will pay under 2. Paragraph f.(1) of the definition of "insured Coverage C for all medical expenses because of "bodily Injury" sustained by any contract" in the DEFINITIONS Section is one person, and will be the higher of: deleted. CG D4 58 0219 ®2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office,Inc.with Its permission • Policy Number: BA-9M33777A-24-14-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD-FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1.,Who Is person or organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing B. BLANKET ADDITIONAL INSURED duties related to the conduct of your busi- ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II—COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: executed by you before the "bodily Injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period,to be named as an addi- (2) Any covered"auto"hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your bust- brought outside the United States of ness. America, the territories and possessions However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (I) You must arrange to defend the "In- D. EMPLOYEES AS INSURED sured"against,and investigate or set- following is added to Paragraph A.1.,Who Is tle any such claim or "suit" and keep ac- An Insured,of SECTION II—COVERED AUTOS us advised of all proceedings and LIABILITY COVERAGE: tions. Any"employee"of yours is an "insured"while us- (II) Neither you nor any other Involved ing a covered"auto"you don't own, hire or borrow insured will make any settlement without our consent. In your business or your personal affairs. (Ili)We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the"insured"against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a,(2), "suit". of SECTION II—COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury"or"property damage"to which tions) required because of an "accident" this insurance applies, that the "In- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described In Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of eamings up to $500 a day be- with our consent for your investiga- • cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph 8.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance In payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Coy- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured"whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less re- and that is not an "auto"you lease, hire, rent (c) This Insurance Is not a substitute for or borrow from any of your "employees", quired or compulsory insurance in any o (if are your country outside the United States, Its ter- partners y p p),,members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. • COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto"you own that in- United States of America, its territories flate due to a cause other than a cause of"loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that"auto" is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to Insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or"loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However,the most we will pay for any expenses (a) You(if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability com- l. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: lice of the"accident"or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a coy- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDi- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident"or"loss" (1) Owned by an"insured"; and arises out of operations contemplated by CA T3 53 0215 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated In such error In, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following Is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 63 02 15 Includes copyrighted material of insurance Services Office,Inc.with its permission. TRAVELERS� WORKERS CAO DPENSATION EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 43 76( A).. POLICY NUMBER:UB-4K058068-24-14-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-- CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. The additional premium for this endorsement,shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any person or organization for whom the named insured has agreed by written contract executed prior to the loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Page 1 of 1