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HomeMy WebLinkAboutR&S Overhead Doors of So. Cal., Inc. - 2025-11-26 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND R&S OVERHEAD DOORS OF SO. CAL.,INC. FOR REPLACE DOORS AT NEWLAND BARN 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 R&S Overhead Doors of So. Cal,Inc.,hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of removing and replacing doors. 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 Evan Wilborn,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. 25-17231/392068 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 Twenty-Nine Thousand Three Hundred Dollars ($29,300.00) 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 Op�255, or as soon as practicable after the execution of this Agreement by City (the"Comm ncement Date") and terminate three(3)years from Commencement Date,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs,reports,both field and office notices, calculations, computer code, language, date or programs,maps,memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 25-17231/392068 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, 25-17231/392068 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. 25-17231/392068 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. Exclusiv ity Ex tv 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. 25-17231/392068 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 R&S Overhead Doors of So.Cal, Inc. Attn: Director of Public Works Attn: Evan Wilbom 2000 Main Street 1617 N. Orangethorpe Way Huntington Beach, CA 92648 Anaheim, CA 92801 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. 25-17231/392068 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; 25-17231/392068 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. 25-17231/392068 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. 25-17231/392068 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 R&S OVERHEAD OORS OF SO. CAL, INC. municipal corporation of the State of California By: Mayor Pr'• ITS: (circle 'resident/ Vice Preside City Clerk AND By: ,AA Ai �.��`/ INITIATED AND APPROVED: Print i:; a ITS: (circle o 'ef Financial Officer/Asst. Secre . reasurer Director of Public Works APPROVED AS TO FORM: cr„. City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 25-17231/392068 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 R&S OVERHEAD DOORS OF SO. CAL,INC. municipal corporation of the State of California By: Mayor Print name ITS: (circle one) Chairman/President/ Xlid:;416 Vice President AVatr ity Clerk IV.2./opER AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City ager er COUNTERPART 25-17231/392068 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) P ) Removal and replacement of French doors at the Newland Barn. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-17231/392068 11 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. SEE ATTACHED EXHIBIT B 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations, and other documentation prepared by CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific requirements for satisfactory completion. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 25-17231/392068 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. 25-17231/392068 13 EXHIBIT B R&S OVERHEAD DOORS OF SO.CAL,INC. OFFER 1617 N.Orangethorpe Way Anaheim,CA 92801 555583 Ph:(714)237-1990 Fax:(714)237-1994 Lic.No.756821 Customer Info Job Info City of Huntington Beach Newland House Museum 200 Main St Re:(3)New Doors Huntington Beach,CA 19820 Beach Blvd Huntington Beach,CA 92648-3222 Attn:Frank Drevdahl late Offer No Submitted By Reference 9/25/2025 555583 Evan Wilborn(Sales) (3)Double Glass Aluminum Doors w/Exit Hardware iescription Amounts R&S Overhead Doors of So.Cal Inc.,proposes to perform the following work Furnish and install: $29,300.00 Qty. 6)PRL Custom Grid Glass and Aluminum Pedestrian Doors Dimensions:35-3/4"x 79-1/4" *Tempered and insulated glass-1/4"Clear tempered glass,1/2"clear air space,1/4"Clear tempered glass *Window grids to match existing as best ass possible. *Surface mounted overhead closers *ADA compliant exit devices on all doors *Clear anodized aluminum *Package includes all hardware necessary for proper installations late Payment Terms Acceptance Terms Valid Thru Total Amount 9/25/2025 50%Acceptance,50%Completion 30 Days 10/25/2025 $29,300.00 .ubmitted By Phone No Email Evan Wilborn(Sales),Project Manager (714)904-5496 evan@rsdoorsofsocal.com Terms&Conditions R&S will not accept any additional contract and/or agreements sent by customer,contractor or others.R&S will order materials and perform work only after R&S's offer has been signed and deposits received.Offer does not include permits and fees.All permits and fees by others.Opening must be cleared 10'back prior to installation.Work to be performed during normal business hours,Monday-Friday 8:00AM to 4:30PM. WARRANTY:One(1)Year Labor and One(1)Year New Materials.Limited to defects on new equipment.Does not cover damage from self repair,misuse, abuse,acts of vandalism or acts of nature.Warranty work to be performed during normal business hours 8:00AM to 4:30PM,Monday through Friday, excluding weekends and holidays.No warranty on existing controls and components. Price subject to change upon final job site inspection. R&S strongly recommends quarterly preventive maintenance. NOTE:Work to beperformed duringnormal business hours of 8:00 am to 4:30pm,Mondaythrough Friday,Excluding weekends and Holidays. NOTE:Offer does not include any hidden damage that was unseen during initial estimate inspection. NOTE:Offer does not include permits or fees.All permits and fees to be provided by others. NOTE:Offer does not include preparation of the opening.Preparation of the opening by others. NOTE:Warranty work to be performed durina normal business hours.8:00 am to 4:30 pm.Monday throuah Friday,excluding weekends and Holidays. • Signature ACCEPTED BY PRINT NAME EMAIL ADDRESS DATE NOTICE:IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM,CONDITION OR COVENANT OF THIS SALES AND SERVICE AGREEMENT,THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS,INCLUDING REASONABLE ATTORNEYS FEES AS MAY BE FIXED BY THE COURT.I REPRESENT TO R&S OVERHEAD DOORS OF SO.CAL.,INC.THAT I AM AUTHORIZED TO BIND THE PURCHASER TO THE TERMS SET FORTH HEREIN.BY EXECUTING THIS WORK ORDER,I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT,AND I ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE DESIRED WORK. "NOTICE TO OWNER°(Section 7019-Contractor's License Law)Under the Mechanic's Lien Law,any contractor,subcontractor,laborer,material man or other person who helps to improve your property and is not paid for his labor,services or material,has a right to enforce his claim against your property.Under the law,you may protect yourself against such claims by filing,before commencing such work of improvement,an original contract for work of improvement or a modification thereof,in the office of the county recorder of the county where the property is situated and requiring that a contractor's payment bond be recorded in such office.Said bond shall be in an amount not less that fifty percent(50%)of the contract price and shall,in addition to any conditions for the performance of the contract,be conditioned for the payment in full claims of all persons furnishing labor,services,equipment or materials for the work described in said contract. IN THE STATE OF CALIFORNIA:Contractors are required to be licensed and required and regulated by the Contractors State License Board.Any questions concerning a contractor maybe referred to the Registrar of the board whose address is:Contractors State License Board,P.O.Box 26000,Sacramento,CA 95826 r IC ...----71 R&SEREC-01 HISHA ' ARI CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) �—' 11/11/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE,HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer righte to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT IBA Certificate Team • • NAME: Now York-Alllant Ins Svc Inc PHONE FAX 101 Park Ave 14th Fl (A/C,No,Ext):(212)603-0200 I(NC,No): New York,NY 10178 A Res$:idacertificates@alliant.com INSURER(S)AFFORDING COVERAGE NAIC Il INSURER A:Highlander SpeCialty Insurance Company 16777 INSURED INSURER a:Berkley Assurance Company 39462 R 4 S Overhead Doors of'Southern California,,Inc. INSURER O: 1617 N.Orange Thorpe Way INSURER D: Anaheim,CA 92801 • INSURER E: • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE,LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL TYPE OF INSURANCE INSO SUBR POLICY NUMBER IPOLICY MIDDYIVYYYI (MMIDDIYYXYPY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 'S 2,000,000 CLAIMS:MADE 'X OCCUR X CZ2OCAGL0006-00 11/1/2025 11/1/2026 pReasr( aEoNcTTErrencel s 100,000 MED EXP(Any one person) S 5,000 PERSONAL&AOVINJURY S 2,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 POLICY X JF C LOC PRODUCTS-COMP/OP AGG S 4;000,000 OTHER: S A AUTOMOBILE LIABILITY (Ea acciden SINGLE LIMIT $ 1,000,000 , X .ANY AUTO CZIOCACA0007-00 11/1/2025 11/1/2026 BODILY INJURY(Perperson) S ' OWNED —SCHEDULED _ AUTOS'r� ONLY _ AUTOS�y pBODILY INJURY(Per accident) $ X AKA ONLY X AUUTOON Y (PegcEclRdTeirMAGE s S A UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 3,000,000 X EXCESS CLAIMS-MADE CZ23CA3X0001-00 11/112025 11/1/2026 AGGREGATE S 3;000,000 DED X RETENTIONS, S WORKERS COMPENSATION • PER OTH- ! AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY IPROPRIETOR/PARTNER/EXECUTIVE ROP IIE OR/PPARTNERRO ECUTIVE N A E.L.EACH ACCIDENT S (Mandatory In NH). EL DISEASE-EA EMPLOYEE S If es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Excess Liability CZ24CA5X0001-00 11/1/2025 11/1/2026 Occurrence/Aggregate 5,000,000 B Professional Liabiii PCAB-5026292-1125 11/1/2025 11/1/2026 Each Claim 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Excess Liability sits Excess over General Liability,Auto Liability and Employers'Liability. City of Huntington Beach,its officers,elected or appointed officials,employees,'agents and volunt&RE 1-0101n@(16e6 kt,tiliVpiripu e Ore the above box is checked per attached endorsement(s)on the General Liability when required by written'contract,fully executed prior to the Na I ured's Work.Primary &Non=Contributory on per attached endorsements on General Liability. MICHAEL J.VIGL)OTTA CITY,ATTORNEY • •CERTIFICATE HOLDER CANCELLAT NI Y OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Hunf(n ton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE Cz2;0CAGL000G-00 11/11/2025 Highlander Specialty Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE R&S Erection, Inc. RT Specialty (Jericho, NY) As Per Named Insured Extension 2 Jericho Plaza, Suite 302 2057 West Avenue 140th Jericho, NY 11753 San Leandro, CA 94577 COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY CHANGES CG 2010 04.13 ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION CG 20 37 0413 ADDITIONAL INSURED-OWNERS,LESSEES,OR CONTRACTORS-COMPLETED OPERATIONS CG 24 0412 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US(WAIVER OF SUBROGATION Authorized Representative Signature Copyright, Insurance Services,Office, Inc., 1983 Copyright, ISO Commercial.Risk Services, Inc., 1983 IL.12 0111 85 Page 1 of I ❑ COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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) Locations)Of Covered Operations City of Huntington Beach, its officers, elected or As required by Written Contract executed prior to any appointed officials, employees, agents and volunteers claim or"suit". o requiredto complete this Schedule, if not shown above,n p 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 "bodilyinjury" or damage" or "personal and advertising injury" pp y "property damage"occurring after: caused, in whole or in part, by: 1. All work,including materials,parts or equipment 1. Your acts or omissions; or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(S) at the location of the the additional insured(s) at the location(s) covered operations has been completed;or designatedabove. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its intended use by any person or organization 1. The insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted by engaged in performing operations fora principal law; and as a part of the same project. 2. If coverage provided to the additional insured is required by a contract or 'agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 0413 ©Insurance Services Office, Inc.,2012 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 shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. 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., 2012 CG 2010 0413 COMMERCIAL GENERAL LIABILITY CG 20 37 0413. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 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 Organizations) Location And Description Of Completed Operations City of Huntington Beach;its officers,-elected or. As required by Written Contract executed prior to any appointed officials,-employees,<agents;and,volunteers, claim or"sue. • • 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 Section • organization(s) shown in the Schedule, but only 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 will "your work" .at the location designated and pay on behalf of the.additional insured is the amount described in the Schedule of this endorsement 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 shown in the Declarations; insured only applies to the extent permitted by whichever is less. law;and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured Limits of Insurance.shown in the Declarations. is. required by a contract or agreement, the insurance afforded to such additional insured will'not be broader than that which you are required by the contract or .agreement to provide for such additiional'insured. CG;20 3.7 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 • Policy Number: CZ20CAGL0006-00, CBS 20 01 12 21 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed by written contract or Condition and supersedes any provision to the written agreement that this insurance would contrary: be primary and would not seek contribution from any other insurance available to the Primary And Noncontributory Insurance additional insured. This insurance is primary to and,will not seek- contributionfrom 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 CBS 20 01 12 21 ©Insurance Services Office,Inc.,2012 Page 1 of 1 POLICY NUMBER: CZ2OCAGL0006-00 COMMERCIAL GENERAL LIABILITY CG 24 041219 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): City of Huntington Beach, its officers, elected or appointed officials,employees,agents and volunteers 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 organization(s)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number:CZ2OCAGL0006-00 COMMERCIAL GENERAL LIABILITY CG20381219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section ii — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1. Any person or organization for whom you are exclusions apply: performing operations when you and such This insurance does not apply to: person or organization have agreed in writing 1. "Bodily injury", "property damage" or"personal in a contract or agreement that such person or and advertising injury" arising out of the organization be added as an additional insured rendering of, or the failure to render, any on your policy;and professional architectural, engineering or 2. Any other person or organization you are surveying services,including: required to add as an additional insured under a. The preparing, approving, or failing to the contract or agreement described in prepare or approve, maps, shop drawings, Paragraph 1.above. opinions, reports, surveys, field orders, Such person(s) or organization(s) is an additional change orders or drawings and insured only with respect to liability for "bodily specifications;or injury", "property damage" or "personal and b. Supervisory, inspection, architectural or advertising injury"caused, in whole or in part,by: engineering activities. a. Your acts or omissions;or This exclusion applies even if the claims b. The acts or omissions of those acting on against any insured allege negligence or other your behalf; wrongdoing in the supervision, hiring, in the performance of your ongoing operations for employment,training or monitoring of others by the additional insured described in Paragraph 1.or that insured, if the "occurrence" which caused 2.above. the "bodily injury" or"property damage", or the offense which caused the "personal and However, the insurance afforded to such insured described above: advertising injury", involved the rendering of, or additional the failure to render, any professional a. Only applies to the extent permitted by law; architectural, engineering or surveying and services. b. Will not be broader than that which you are 2. "Bodily injury" or "property damage" occurring required by the contract or agreement to after: provide for such additional insured. a. All work, including materials, parts or A person's or organization's status as an equipment furnished in connection with additional insured under this endorsement ends such work, on the project (other than when your operations for the person or service, maintenance or repairs) to be organization described in Paragraph 1. above are performed by or on behalf of the additional completed. insured(s) at the location of the covered operations has been completed;or CG 20 38 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 2 b. That portion of"your work" out of which the 2. Available under the applicable limits of injury or damage arises has been put to its insurance; intended use by any person or organization whichever is less. other than another contractor or subcontractor engaged in performing This endorsement shall not increase the operations for a principal as a part of the applicable limits of insurance. same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or Page 2 of 2 0 Insurance Services Office, Inc.,2018 CG 20 38 12 19 Policy Number: CZ2OCAGL0006-00 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Notwithstanding the application of General Aggregate Limit to each"Project"of the Named Insured,under no circumstances will we pay more than$$10,000,000.00($10 Million)for all claims under this Policy that are subject to the General Aggregate limit. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences"under Section I—Coverage A,and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section 1 — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. Is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply.However, instead of being subject to the Aggregate Limit is the most we will pay for the sum of all damages under Coverage A,except General Aggregate Limit shown in the damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard",and for medical General Aggregate Limit. expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 ©Insurance Services Office,Inc.,2008 Page 1 of 2 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by. "products-completed operations hazard" is "occurrences"under Section 1—Coverage A,and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury" or "property damage" included in under Section I — Coverage C, which cannot be the "products-completed operations hazard" will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned,delayed,or abandoned and under the General Aggregate Limit or the then restarted, or if the authorized contracting Products-completed Operations Aggregate parties deviate from plans, blueprints, designs, Limit,whichever is applicable;and specifications or timetables,the project will still be 2. Such payments shall not reduce any deemed to be the same construction project. Designated Construction Project General E. The provisions of Section III—Limits Of insurance Aggregate Limit. not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 O Insurance Services Office,Inc.,2008 CG 25 03 05 09 0