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HomeMy WebLinkAboutCarmody Construction Company - 2025-05-07 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CARMODY CONSTRUCTION COMPANY FOR ROOF REPLACEMENTS FOR SUNSET BEACH LIFEGUARD TOWERS 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 Carmody Construction Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of roof replacement. 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 Patty Fowles, 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. 25-16139/373937 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) 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 05/D416, 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. 25-16139/373937 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, 25-16139/373937 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. 25-16139/373937 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 temis 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. 25-16139/373937 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 Carmody Construction Company Attn: Director of Public Works Attn: Patty Fowles 2000 Main Street 1240 Birch Tree Court Huntington Beach, CA 92648 La Habra, CA 90631 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. 25-16139/373937 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; 25-16139/373937 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. 25-16139/373937 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. 25-16139/373937 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 CARMODY CONSTRUCTION COMPANY municipal corporation of the State of California By: Mayor Print name ITS: (circle one) Chairman/President/ 4-44tt Vice President City Clerk AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial ,j f• Officer/Asst. Secretary-Treasurer Fire Ch APPROVED AS TO FORM: t&_ -1=m) City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 25-16139/373937 10 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 CARMODY CONSTRUCTION COMPANY municipal corporation of the State of California . B w e4)14Th, Ray Carmody, Owner Mayor Print name ITS:.(circle one) Chairman/President/ Vice President City Clerk AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Fire Chief APPROVED AS TO FORM: City Attorney (P REVIEWED AND APPROVED: City Manager COUNTERPART - 25-16139/373937 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Replace the roofs on the six lifeguard towers in Sunset Beach B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Replace roofing and flashing with self-adhering mineral cap sheet roof and galvanized edge metal C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-16139/373937 11 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. $1,816.00 per Tower 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward corpletion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations, and other documentation prepared by CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific requirements for satisfactory completion. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 25-16139/373937 12 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. All extra work or additional services will be in accordance with the extra work or additional services and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 25-16139/373937 13 ' \k t} A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDlVYYY) 03/31/2025 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(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 L infer rights to the certificate holder In lieu of such endorsemer,'(s). PRODUCER CONTACT Rai helFrance NAME: The Liberty Company Insurance Brokers PHONE FA (AFC No,Ext): (A/C,No): Lic 11OD79653 "AIL RacheLFrance@libertycompany.com ADDRESS: 5955 De Soto Ave,Ste 250 INSURER(S)AFFORDING COVERAGE NAIC N Woodland Hills CA 91367 INSURER A: Berkley Assurance Company 39462 INSURED INSURER B: Cal Auto Ins Company 38342 Carmody Construction Company INSURER C: Evanston Insurance Company 35378 1240 Birch Tree Court INSURER D: Insurance Company of the West 27847 INSURER E: La Habra CA 90631 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2532862079 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.I IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AODTYPE OF INSURANCE INSD SUBRWVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDDlYYI'Y) (hIMIDDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1.000,000 CLAIMS-MADE X OCCUR D'REM SESO(Ea occurrence) $RENTED ,- 100,000 P MED EXP(My one person) $ 5,000 A Y Y VUMA0344101 03/18/2025 03/18/2026 PERSONAL BADVINJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X jERO LOG PRODUCTS-COMP/OP AGG $ 2.000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ g - OWNED SCHEDULED Y Y BA040000093092 03/18/2025 03/18/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS - HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 ~— C X EXCESS LIAR CLAIMS-MADE Y MKLV5EUL106076 03/18/2025 03/18/2026 AGGREGATE $ 5,000,000 DED RE IENTION$ $ WORKERS COMPENSATION OTH- AND EMPLOYERS'LIABILITY X STATUTE ER vIN 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE I l N/A Y WSA505435705 03/18/2025 03/18/2026 E.L.EACH ACCIDENT $ OFFICER/MEMBER(Mandatory EXCLUDED? ` (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 II yes,descdbe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS F VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are included as an Additional Insured under Commercial General Liability policy per endorsement CG 20 10 12 19 and CG 20 37 12 19,and under Commercial Auto policy per endorsement MCA20480711,as required by written contract.Primary and Non-Contributory wording applies per endorsemenj 20 Ok C 3. Waiver of Subrogation applies per endorsements CG 24 04 12 19,MCA04440913,and WC 99 06 34(EdA .M Iblfol4STin pe lit and conditions of the Excess'Policy.All other terms,conditions&exclusions of the policies apply. B,l;_ MICHAEL J.VIGLIOTTA CERTIFICATE HOLDER CANCELLAT 4N CITY OF IIUNTII4GTO CITY AT "RFAf H INGT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 I 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ' •, ® DATE(MMIDDIYYYY) A v . CERTIFICATE OF LIABILITY INSURANCE • 0312812025 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,ANDTHE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(tes)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 Rachel France . NAME: . . . . The Liberty Company Insurance Brokers . PHONE I.Exl); faC No): tic#0D79653 . E'MAIL ADDRESS: Rachel.France@Ilbertycompanycom 5955 Do Solo Ave,Ste 250 INSURER(S)AFFORDING COVERAGE NAIL IV Woodland Hills CA 91367 INSURER A: Westchester Surplus Lines Ins Co 10172 INSURED - INSURERS: . Carmody Construction Company INSURER C: 1240 Birch Tree Court • _ INSURER D INSURERE: • La Habra ' . CA 90631 ' . INSURER F COVERAGES CERTIFICATE NUMBER: . CL2532862141 . , 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, ' 1 • LTR TYPE OF INSURANCE' INSO WVO POLICY NUMBER (AtML MMIUDDYYYY) (MMIDDIYYYPY) • •LIMITS 'I "COMMERCIAL GENERAL UABILBY EACH OCCURRENCE $ CLAIMS MADE n OCCUR • DAMAGET ThENTEOPREMISES(Ea occurrence) $ • MED EXP(Any one person) $ • PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ • • R POLICY ElJEOT I I LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILELIABILITr' COMBINED SINGLE LIMIT • - $ . (Es accident) -ANY AUTO - - BODILY INJURY(Per poison) $ OWNED SCHEDULED . AUTOS ONLY AUTOS BODILY INJURY(Per strident) $ . HIRED NON-OWNED PROPERTY DAMAGE $ ' - - AUTOS ONLY AUTOS ONLY - (Per accident) . $ • UMBRELLA LIAB OCCUR- . EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE S Den I I RETENTION$ . . . ' $ WORKERS COMPENSATION . ' . AND EMPLOYERS'UIU ABrY YIN I S PER I ER ' • ANYPROPRIETORIPARTNERIEXECUTIVE•0 NIA E• .L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ' (Mandatoryln NH) E.L.DISEASE•EA EMPLOYEE S It yes.describe under . . . . . . . DESCRIPTION OF OPERATIONS below - EA.DISEASE-POLICY LIMIT $ General Aggregate S2,000,000 Pollution'Liability ' A G46843307008 03/18/425 03/18/2026 Each Pollution Condition - $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be atlached If more space Is required) . City of Huntington Beach,Its officers,elected or appointed officials,employees,agents,and volunteers are shown Evidence of Insurance. . CERTIFICATE HOLDER CANCELLATION . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE • THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ' City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE i • Huntington Beach CA 92848 • ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) • , The ACORD name and logo are registered marks of ACORD POLICY NUMBER:VUMA0344101 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations City of Huntington Beach, its officers, elected or As designated in written contract with the Named appointed officials, employees, agents, and volunteers Insured. 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. if coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on.behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 . ©Insurance Services Office,Inc.,2018 CG.20 1.012 19 POLICY NUMBER:VUMA0344101 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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 As designated in written contract with the Named appointed officials, employees, agents, and volunteers Insured. 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of insurance; 1. The insurance afforded to such additional insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:VUMA0344101 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and CG 20 01 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 POLICY NUMBER:VUMA0344101 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization to whom or to which you are obligated by virtue of a.written contract to waive your right of recovery. Information required to complete this Schedule,if not shown above,will be shown In the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery .Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part.Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(S) or organizations)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office,Inc.,2018 Page 1 of 1- POLICY NUMBER:VUMA0344101 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT WITH A CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Designated Construction Projects: Construction project sites at which you perform work for additional insureds that require you to obtain per project general aggregate limits under a written contract that was executed prior to the date of any"occurrence"covered under this policy. Maximum Aggregate Limit: $5,000,000 A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and for all medical expenses caused by accidents under COVERAGE C—MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate limit applies to each designated construction project,subject to an overall maximum aggregate limit-as shown in the Schedule above,is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit Is the most we will pay for the sum of all damages under COVERAGE A,except damages because of"bodily injury"or "property damage"included in the'products-completed operations hazard",and for medical expenses under COVERAGE C regardless of the number of: a. Insureds;or b. Claims made or"suits"brought;or - c. : Persons:or'organizations.making claims or bringing"suits". 3: Any payments.made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown,in the Schedule above. 4: The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expenses continue to apply: However,instead of being subject to the General Aggregate Limit shown in the Declarations,such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. VCAS2036 11 12 Page 1 of 2 • B. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences"under COVERAGE A and for all medical expenses caused by accidents under COVERAGE C,which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage'for liability arising out of the"products-completed operations hazard"is provided, any payments for damages because of"bodily injury"or"property damage"included in the "products-completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. if the applicable designated construction project has been abandoned,delayed,or abandoned and then restarted,or if the authorized contracting parties deviate from plans, blueprints,designs, specifications or timetables,the project will still be deemed to be the same construction project. E. The provisions of LIMITS OF INSURANCE SECTION III not otherwise modified by this endorsement shall continue to apply as stipulated. • ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED Page 2 of 2 VCAS2036 11 12 POLICY NUMBER: BA040000093092 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section II-Liability Coverage, Paragraph A.1.Who Is An Insured Provision: Any person or organization that you are required to include as additional Insured on the Coverage Form in a written contract or agreement that Is signed and executed by you before the"bodily injury or"property damage" occurs and that is in effect during the policy period is an Insured"for Liability Coverage,but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured provision contained in Section II. • MCA20480711 POLICY NUMBER:BA040000093092 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Mercury Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY(BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. SUPPLEMENTARY PAYMENTS IV. ADDITIONAL TRANSPORTATION EXPENSE V. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE VI. GLASS REPAIR-DEDUCTIBLE WAIVER VII.. TWO OR MORE DEDUCTIBLES VIII. AMENDED DUTIES IN EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS IX. UNINTENTIONAL ERROR,OMISSION,OR FAILURE TO DISCLOSE HAZARDS X. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT., Xl. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH XII. PERSONAL EFFECTS COVERAGE XIII. LOSS OF USE EXPENSES XIV. DEVICES DESIGNED FOR USE WITH AUDIO,VISUAL OR DATA ELECTRONIC EQUIPMENT XV. PHYSICAL DAMAGE DEDUCTIBLE VEHICLE TRACKING SYSTEM XVI. CHAINS,TARPS,AND BINDERS COVERAGE Copyright 2023 Mercury Insurance Services,LLC. All rights reserved. MCA CABE 08 23 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 4 • . BUSINESS AUTO COVERAGE FORM f.' NEWLY ACQUIRED OR FORMED ENTITY(Broad Form Named Insured) SECTION Ii.=COVERED AUTOS LIABILITY COVERAGE,A.Coverage,1.Who is An Insured,the . following is added: . • . Any business entity newly acquired or formed by you during the policy period . • . provided you own 50%or more of the business entity and the business entity is not ' • separately Insured forBusiness Auto Coverage.Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. • Coverage under this provision is afforded only until the end Of the policy period. • Coverage does not apply to.an."accident"which occurred before you acquired or formed. . the organization. II. EMPLOYEES AS INSUREDS SECTION II—COVERED AUTOS LIABILITY COVERAGE,A.COVERAGE,1.Who Is An Insured,the following is added: . . Any"employee"of yours is an"insured"while using a"covered auto"you do not"own", . . lease,hire,rent,or borrow,which is used in connection with your business. - • III. SUPPLEMENTARY PAYMENTS • SECTION II—COVERED AUTOS LIABILiTY•COVERAGE,A.Coverage,3.Coverage Extensions,a. Supplementary Payments,Subparagraphs(2)and(4)are replaced by the following: (2) Up to$3,000 for cost of bail bonds(including bonds for related traffic law . violations)required because of an"accident"we cover. We are not Obligated to • furnish these bonds. (4) All reasonable expenses incurred by.the"insured".at our request,including actual loss of earnings up tO.$500 a day because of time off from work. IV. ADDITIONAL TRANSPORTATION EXPENSE . SECTION III-PHYSICAL DAMAGE COVERAGE,A.Coverage,2.Coverage Extensions,a. • Transportation Expenses,is amended by: . . . Replacing$20 per day with$50 per day,and the$600 maximum with$1,000 maximum. . . - " ' . . If your business shown in the"Declarations"is.other than'an auto dealership,we will also . . . pay.up to$1,000.for reasonable and necessary costs incurred by you.to return a stolen "covered auto"from the place where it is recovered to its usual garaging location. - •V. 'ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION IiI-PHYSICAL DAMAGE COVERAGE,B.Exclusions,3.a.,Is amended to add the following:. This.exclusion does.not apply to the accidental discharge of an airbag. • VI. GLASS REPAIR—DEDUCTIBLE.WAIVER . • . . . SECTION III-PHYSICAL DAMAGE COVERAGE,.D.Deductible,the following is added: No deductible.applles to glass damage.if•the glass is repaired rather than replaced. . • Copyright 2023.Mercury Insurance Services,LLC. All rights reserved. MCA CABE 08 23 Includes copyrighted material of insurance Services Office,Inc.,with itspermission Page 2 of 4 • VII. TWO OR MORE DEDUCTIBLES • SECTION III-PHYSICAL DAMAGE COVERAGE,D.Deductible,the following is added: If two or more"company"policies or coverage forms apply to the same accident: • • • . . • I. • If the applicable Business Auto deductible is the smallest,it will be waived;or. 2. 'If the applicable Business Auto deductible Is not the smallest;it will be reduced by the amount of the smallest deductible;or • ' ' 3. .If the loss involves two or more.Business Auto coverage forms or policies the ' smallest deductible will be waived. • . • For the purpose of this endorsement"company"means the company providing this insurance and any of the affiliated members of the Mercury.insurance Group Of companies. VIII. . AMENDED DUTIES IN EVENT OF-ACCIDENT,CLAIM;SUIT OR'LOSS . The requirement in.SECTION IV,BUSINESS AUTO CONDITIONS,A.Loss Conditions,2.Duties In The Event OfAccident,Claim,Suit,Or Loss,a.,In the event of"accident",you must notify us of an "accident"applies only when the"accident"is known to: (1) You,if you are•an individual; (2) A partner,if you are a partnership; (3) A member,if you are a limited liability company;or • (4) An executive officer or-insurance manager,if.you are a corporation. . � • IX. UNINTENTIONAL ERROR,OMISSION,OR FAILURE TO DISCLOSE HAZARDS • SECTION IV-.BUSINESS AUTO CONDITIONS,'B.General Conditions,2.Concealment, ' . Misrepresentation,or Fraud,the following is added: . . . • Any unintentional omission of or error in Information-given by you,or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during . . the policy period.shall not invalidate or adversely affect the coverage for such exposure'or . hazard or prejudice:your rights under this insurance. However,you must report the . . . . undisclosed exposure or.hazard to us as soon as reasonably possible after its discovery. This provision does not affect Our right to collect addltional.premium or exercise our right of cancellation or non-renewal. . X. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV;-BUSINESS AUTO.CONDITIONS,B.General Conditions,5.Other Insurance,the • following is.added and supersedes any provision.to the contrary: • , . . . This insurance is primary to and will not seek contribution from any other insurance . . . . availableto an additional insured under your policy provided that: (i) The a ureNamedunder dditional insd Is a Insured such other insurance;and ' ' (2) You have agreed in writing In a contract or agreement that.this insurance . . . . . would be.primary and would not seek contribution from any other - •. insurance available to the additional insured. • • . • . XI:. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH . - • . SECTION V-DEFINITIONS,D."Bodily Injury"is amended by adding the following: "Bodily injury"also includes mental anguish but only when the mental anguish arises-from• . ' other bodily injury,sickness,or disease. Copyright 2023 Mercury Insurance Services,LW:All rights reserved. MCA CARE 08 23 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 3 of 4 • - • XII. PERSONAL EFFECTS COVERAGE SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,2.Coverage Extensions,the following is added: . Personal Effects .We will pay up to$500 for"loss"to personal effects which: (1) Are owned by you ora driver listed.in the"Declarations";and • • (2) Are in or on a"covered auto"at the time of"loss". This coverage applies only in the event of a total theft of a"covered auto".•No additional deductible applies to the coverage.Tapes,records,discs or other similar devices used with audio,visualor data electronic equipment are not considered personal effects. • XIII. LOSS OF USE'EXPENSES If you pay the premium for Hired Auto Physical Damage,we will pay expenses for which you become legally responsible to pay for loss:of use of an"auto"due to"loss"or"accident"covered by Hired Auto Physical Damage.However,the most we will pay for any expenses for loss of use is . $20 per day,to a.maximum of$600.The insurance provided by this provision is excess over any other collectible insurance. XIV. DEVICES DESIGNED FOR USE WITH AUDIO,VISUAL OR DATA ELECTRONIC EQUIPMENT SECTION III—PHYSICAL DAMAGE COVERAGE,B.Exclusions,4.a.,is replaced by the following: a. Under Comprehensive Coverage we will pay up to$200 for`loss"to tapes,records, discs or other similar audio,visual,data electronic devices designed for use with • . audio,visual or data electronic equipment.We will pay only if the tapes,records, discs or other similar audio,visual or data electronic devices•designed for use with _audio,visual or data electronic equipment: • (1) Are your property.or that of a driver listed in the"Declarations";and • • (2) Are in a"covererd auto"at the time of`loss". • This coverage applles.only in the event of a total theft of a"covered auto".No additionaldeductlble applies to this coverage. XV. PHYSICAL DAMAGE.DEDUCTIBLE—VEHICLE TRACKING SYSTEM SECTION III—PHYSICAL DAMAGE COVERAGE,D.Deductible,is amended by adding the following: • Any Comprehensive Deductible shown in the"Declarations"will be reduced by 50%for any "loss"caused by theft if the"covered auto"is equipped with a vehicle tracking device such as a radio,tracking device ora global position.device•and that device was the method of • recovery of that"covered auto"by the"insured"or law enforcement.. • • XVI. CHAINS,TARPS;AND BINDERS COVERAGE . SECTION III-PHYSICAL DAMAGE COVERAGE,C.Limits Of Insurance,the following is added: The most we will pay for the"loss"to chains,tarpaulins,binders,and cargo securing • • devices will be$500: • The chains,tarpaulins,binders,or cargo securing devices must be in or on the"covered auto"at the time of"loss". • • Copyright 2023 Mercury Insurance Services,LLC.•Ali rights reserved. • MCA CABE OS 23 • Includes copyrighted material of Insurance Services Office,Inc.,with Its permission Page 4 of 4 • - POLICY NUMBER: BA040000093092 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV—BUSINESSS AUTO CONDITIONS,A.Loss Conditions,5.Transfer of Rights Of Recovery Against Others To Us,the following Is added: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident".or"loss", provided that the "accident"or"loss"arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. MCA04440913 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06'34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 2 %of the total California Workers'Compensation premium i otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR • WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT 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.) Endorsement Effective 03/18/2025 Policy No.WSA 5054357 05 Endorsement No. Insured CARMODY, RAYMOND (INDV) Premium $ INCL. Insurance Company,INSURANCE COMPANY OF: THE WEST Countersigned Sy WC990634 (Ed.8-00) INSURED daai+G-oc .� iri CITY O F �o -= IN HUNTINGTON BEACH 1irA Lisa Lane Barnes I City Clerk .� dd May 7, 2025 Carmody Construction Company Attn: Patty Fowles 1240 Birch Tree Court La Habra, CA 90631 Dear Ms. Fowles: Attached for your records is a duplicate original Service Agreement between the City of Huntington Beach and Carmody Construction Company for Roof Replacements for Sunset Beach Lifeguard Towers. Sincerely, yiky-t4ittAme, Lisa Lane Barnes City.Clerk LLB:ds Enclosure Office: (714)536—5405 l 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov