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HomeMy WebLinkAboutNieves Landscape, LLC - 2026-06-17 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NIEVES LANDSCAPE, LLC FOR BEACHFRONT LANDSCAPE MAINTENANCE 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 Nieves Landscape, LLC, a California Limited Liability Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of beachfront landscape maintenance. 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 Greg Nieves, 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. 26-18108/412933 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 Seven Hundred Thirty One Thousand Four Hundred Twenty Four Dollars ($731,424.00) per year during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works Operations not to exceed amount. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence 401/24g 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. 26-18108/412933 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, 26-18108/412933 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. 26-18108/412933 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 26-18108/412933 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 Nieves Landscape, LLC Attn: Director of Public Works Attn: Greg Nieves 2000 Main Street 1629 E. Edinger Avenue Huntington Beach, CA 92648 Santa Ana, CA 92705 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. 26-18108/412933 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; 26-18108/412933 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. 26-18108/412933 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. 26-18108/412933 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 NIEVES L SCAP L , municipal corporation of the State of a Califon ited lia ii' orporation California By: Mayor Greg N eves Print name ITS: (circle one) Chairma . resident/ Vice Pre -nt ' 1 City Clerk A V By: I �� / INITIATED AND APPROVED: Greg Nieves Print +'ITS: (circle one) :ecre y hief Financial Officer/Asst. Secre ary- reasurer Director of Public Works APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 26-18108/412933 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 NIEVES LANDSCAPE, LLC, municipal corporation of the State of a California limited liability corporation California By: //1 / ' Mayor Print name ITS: (circle one) Chairman/President/ Vice President ,r City Clerk 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 Manager COUNTERPART 26-18108/412933 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Beachfront landscape maintenance. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 26-18108/412933 11 EXHIBIT A BEACHFRONT LANDSCAPE MAINTENANCE SCOPE OF WORK GENERAL SCOPE OF WORK The Contractor shall perform complete landscape maintenance for all areas included in this contract. Services include, but are not limited to: irrigation maintenance, pruning of trees, shrubs, and groundcover; turf maintenance; fertilization; litter control; weed control; plant diseases and pest control; mowing; edging; aerification; cleaning of hardscape areas; and all other work necessary to maintain the contract sites included in this contract in a safe, attractive and usable condition. 1. VENDOR REQUIREMENTS The following represent minimum qualifications and general service expectations required of the Contractor. Detailed performance requirements are outlined in Section 3-Specifications. 1.1 The Contractor shall have a valid C-27 license. 1.2 The Contractor shall have a valid Pest Control Business License. 1.3 The Contractor shall have a valid City of Huntington Beach Business License. 1.4 The Contractor shall provide three references from other government agencies for contracts of similar scope and size. Homeowner Associations and commercial accounts do not qualify. 1.5 The Contractor shall provide 24-hour emergency services. 1.6 The Contractor shall provide all labor, vehicles, equipment, parts and materials necessary to perform the work in the Specifications. 1.7 The Contractor shall provide staff assigned to this contract five (5) days per week, Monday through Friday, for a minimum of eight (8) hours per day. 1.8 The Contractor shall ensure that the onsite field supervisor is able to speak, read, and understand English. 1.9 The Contractor shall provide a description of staff and training procedures. Beachfront Landscape Page 1 of 14 Scope of Work Maintenance VENDOR REQUIREMENTS(continued) 1.10 The Contractor shall maintain insurance as required by the City during the term of the contract. 1.11 The Contractor shall perform all work in accordance with the industry best practices for landscape maintenance. 2. SPECIFICATIONS 2.1 Work Schedule a. The Contractor shall perform normal operations between 7:00 a.m. and 5:00 p.m., Monday through Friday. Work outside these hours must be coordinated with the Contract Administrator. b. The City retains the right to require that specific sites be maintained on designated days and times. c. The Contractor shall maintain the minimum staffing assigned to this contract five (5) days a week, Monday through Friday, for an eight (8)-hour workday. Personnel assigned to meet the minimum staffing requirement shall not be used on other City contracts. d. The Contractor shall not leave a work site to complete another site or project without first completing the assigned work for that day. e. The Contractor shall provide the City with a monthly work schedule. f. All scheduled daily, weekly, and monthly tasks must be completed as scheduled. Failure to do so will result in a deduction per task. Beachfront Landscape Page 2 of 14 Scope of Work Maintenance 2.2 Emergency Services The Contractor shall provide the City with the names and telephone numbers of at least two (2) qualified individuals available and capable of responding to emergency maintenance conditions outside of normal working hours. The Contractor shall respond to emergency calls within one (1) hour of notification by the City. Emergency services are included as part of this contract. Failure to respond to an emergency call resulting in the dispatching of City personnel will result in a fee of$250 per hour,with a two (2) hour minimum. This fee will be deducted from payments due to the Contractor. 2.3 Vandalism City-owned property that is damaged,vandalized, or missing due to unknown causes shall be repaired or replaced by the Contractor at no additional cost to the City. The Contractor shall be responsible for all labor associated with such repairs. The Contractor shall be responsible for material costs up to a maximum of ten thousand dollars ($10,000) per incident, as determined by the City. The City shall be responsible for any costs exceeding this amount. Backflows, cages, and irrigation controllers will be supplied by the City; however, installation shall be performed by the Contractor as part of this contract. 2.4 Safety a. All work performed under this contract shall be conducted in a manner that protects the public and complies with all applicable OSHA and Cal/OSHA rules and regulations. b. The Contractor shall take all necessary precautions to protect the public from injury, loss of life, or damage to property. Beachfront Landscape Page 3 of 14 Scope of Work Maintenance 2.5 On-Site Storage The storage of tools, equipment, or materials within the project area, public right-of- way, or easements is prohibited. 2.6 Inclement Weather a. During periods of inclement weather that hinder normal operations, the Contractor shall perform storm-related duties as directed by the City. b. The Contractor shall assist in repairing storm-related damage at sites in this contract. c. The Contractor shall dewater (pump out) flooded parks and sites as directed by the City. d. The Contractor shall not perform work during inclement weather that may damage groundcover or turf areas. e. The Contractor shall not reduce staffing levels due to inclement weather. Failure to maintain staffing levels will result in a deduction. 2.7 Vehicles and Equipment a. Allvehicles and equipment shall be uniform in color scheme and appearance and shall be maintained in good condition. b. The Contractor shall display the company name on all vehicles and equipment in lettering large enough to be legible from one hundred (100)feet. c. All vehicles shall be equipped with operational strobe lights, light bars, and any required traffic control devices. d. Personal vehicles shall not be used for work under this contract. 2.8 Uniforms & Personal Protective Equipment The Contractor shall provide employees with uniforms that include company identification, appropriate work boots, and all necessary personal protective equipment (PPE). Uniforms, boots, and PPE shall be maintained in good condition at all times. Jeans are not permitted as work pants under this contract. Beachfront Landscape Page 4 of 14 Scope of Work Maintenance 2.9 Underground Excavations a. The Contractor shall be responsible for locating all underground utility lines prior to excavation to ensure the safety of personnel and to protect existing utility infrastructure. b. The Contractor shall contact the Underground Service Alert (USA) prior to excavation to identify and mark underground utility lines. c. The Contractor shall comply with all applicable laws and regulations related to underground utility notification and excavation. 2.10 Traffic Control a. All traffic control shall be in accordance with the latest editions of the following: Caltrans Manual on Uniform Traffic Control Devices (MUTCD), Sign Specifications,Standard Plans,Standard Specifications, and the American Public Works Association Southern California Chapter — Work Area Traffic Control Handbook. b. The Contractor shall provide and maintain all signs, barricades, flashers, and delineators necessary to protect the motoring public within the limits of the work area. All traffic control equipment shall be maintained in like-new condition. c. All Contractor vehicles used in or adjacent to active work areas shall have traffic control lighting, including light bars and strobe lights, activated at all times during operations, including when vehicles are stationary or parked. Beachfront Landscape Page 5 of 14 Scope of Work Maintenance 2.11 Protection of Existing Improvements a. The Contractor shall protect all existing improvements within the project limits that are not designated for removal. If such improvements (e.g., curbs, gutters, sidewalks, driveways, fences, walls, irrigation systems, signs, utility installations, pavements, and structures) are damaged or removed as a result of the Contractor's operations,the Contractor shall repair, replace, or re-establish them at no additional cost to the City. b. Repairs, replacements, or re-establishments shall be equal to the original condition and shall match the existing improvements in finish and dimensions, unless otherwise specified by the City. c. All costs associated with protecting, removing, restoring, repairing, replacing, or re-establishing existing improvements shall be included in the contract price, and not considered additional or extra work. d. If the Contractor fails to correct deficiencies to the City's standards, the City may perform the work or have the work performed by others and deduct the associated cost from payments due to the Contractor. 2.12 Inspections & Deductions a. The City and Contractor's representative shall conduct weekly inspections of the areas included in this contract. The results shall be documented using a Landscape Maintenance Punch List. b. Deficiency Notice/Deduction: The Contractor shall correct all deficiencies within the timeframe specified by the City of Huntington Beach Deduction Schedule. If deficiencies are not corrected within the specified timeframe, the City may perform the work or have the work performed by others and deduct the associated cost from payments due to the Contractor. c. Withholding Payment: If work identified in a Deficiency Notice is not completed within the specified timeframe, payment for the deficient work may be withheld. The Contractor shall not be entitled to retroactive payment for work not completed within the required timeframe. d. The Contractor's representative shall maintain regular communication with the City regarding maintenance issues requiring correction. The Contractor shall provide time-stamped photos documenting completion of corrective work. Beachfront Landscape Page 6 of 14 Scope of Work Maintenance 2.13 Hauling a. Any spillage resulting from hauling operations on or across public thoroughfares shall be immediately removed at the Contractor's expense. b. If the spillage involves a hazardous substance, including but not limited to petroleum products or pesticides, the Contractor shall immediately contact emergency services (911) and take appropriate measures to prevent the substance from entering storm drains. 2.14 Sand in Landscape Areas The Contractor shall remove all sand from landscaped areas. Beachfront Landscape Page 7 of 14 Scope of Work Maintenance 2.15 Irrigation a. The Contractor shall be responsible for programming and monitoring all irrigation controllers. b. Irrigation controller programs shall be sufficient to maintain a healthy landscape without excessive water use or runoff. c. The entire irrigation system, including all components from the connection at the backside of the water meter, shall be maintained in operational condition at all times. This shall include, but is not limited to, controllers, backflows, remote control valves, gate valves, booster pumps, sprinkler heads, and all irrigation components. All associated costs shall be included in the contract price. d. All irrigation systems shall be tested and inspected regularly, and a written report shall be submitted monthly or upon request by the City. e. Malfunctioning irrigation systems shall be repaired within twenty-four (24) hours of notification by the City. f. Battery-operated controllers shall be maintained in continuous working condition by replacing batteries, as necessary, at the Contractor's expense. g. The Contractor shall provide personnel trained in irrigation system maintenance and irrigation controller programming. h. All work shall be performed in accordance with the City of Huntington Beach's Landscape Standard Plans and Specifications (700 Series), available at the City of Huntington Beach Public Works Standard Plans webpage, and the Water Standard Plans. No substitutions shall be permitted. i. Replacement parts and materials shall match original equipment specifications unless otherwise approved by the Contract Administrator. All parts and materials required for irrigation system maintenance and repair shall be included in the contract price. j. The Contractor shall maintain an adequate inventory of commonly used parts necessary for irrigation system repairs. Beachfront Landscape Page 8 of 14 Scope of Work Maintenance 2.16 Fertilizing a. Groundcover and shrub areas shall be fertilized in March using a complete fertilizer (16-6-8 plus trace elements) at approximately one (1) pound of nitrogen per 1,000 square feet. Areas shall be watered thoroughly the day before fertilizing and immediately after the application. b. Turf areas shall be fertilized as follows: Turf shall receive three (3) pounds per 1,000 square feet of nitrogen per application, applied in March and late October using a complete fertilizer. 2.17 Turf a. Turf areas shall be mowed, edged, and string trimmed weekly. Turf shall be mowed before reaching three (3) inches in height. b. Turf shall be trimmed along the edges of sidewalks, curbs, mow strips, retaining walls, posts, trash enclosures, valve boxes, controllers, light standards, and from the dripline to the trunk of trees. c. Edging along concrete surfaces shall be done using a bladed edger. d. The City may request the Contractor to adjust mowing heights for special events or conditions. e. Turf aerification shall be performed prior to each fertilizer application. The entire turf area shall be aerated using a self-propelled machine that removes cores of soil three-quarters (3/4) inch in diameter by four (4) to six (6) inches in length, spaced no more than six (6) inches apart. Beachfront Landscape Page 9 of 14 Scope of Work Maintenance 2.18 Shrubs & Ground Cover a. Groundcover shall be maintained to the edge of sidewalks, light fixtures, driveways, mow-strips, retaining walls and buildings. Groundcover shall be maintained a minimum of one (1) foot, or as directed by the Contract Administrator from fences, property lines, trees and shrubs. Under no circumstances shall groundcover be allowed to climb walls, fences, light fixtures, buildings, shrubs and trees. The City shall determine the desired shaping of plants. b. Shrubs shall be selectively pruned to maintain a minimum clearance of one (1) foot from fences, buildings, driveways, sidewalks, trees, retaining walls and sprinkler heads. The Contractor shall prune as necessary to maintain safe vehicular and pedestrian visibility, as directed by the City.The City shall determine the desired shaping of shrubs. 2.19 Trees a. The Contractor shall prune trees as necessary to maintain safe road visibility, provide adequate vehicular and pedestrian clearance, ensure equipment accessibility, and eliminate hazardous conditions. Tree clearance shall be maintained up to ten (10) feet, as applicable. All tree work shall be performed in accordance with International Society of Arboriculture (ISA) standards. b. The Contractor shall remove all fallen tree limbs twelve (12) inches or less in diameter. 2.20 Weeds a. All areas shall be maintained free of weeds. b. At the City's direction, the Contractor shall trim and remove all vegetation within City-owned landscape areas, regardless of the vegetation's point of origin, including, but not limited to, vegetation encroaching from adjacent private property. Beachfront Landscape Page 10 of 14 Scope of Work Maintenance 2.21 Playground Sand a. Playground sand areas shall be maintained free of weeds, litter and debris. b. Playground sand shall be maintained in a reasonably level condition and shall be rototilled twelve (12)times per year to a minimum depth of ten (10) inches. 2.22 Improvements The Contractor or third party, as directed by the City, may perform construction and installation of improvements, including but not limited to sidewalks, turf, planting, pathways, irrigation pumps, and irrigation systems. Such work shall be considered extra work and shall be paid in accordance with the contract's provisions for extra work or change orders. 2.23 Pest Control a. The Contractor shall not use herbicides under this contract. b. The Contractor shall use Maccabee-style gopher traps to control gophers in landscaped areas. No portion of the gopher trap shall protrude above the soil surface. c. The Contractor shall comply with all applicable federal, state, county and local laws and regulations governing the use of pesticides. d. If a Restricted Used Pesticide is used, the City must be in receipt of use permit issued by the Orange County Agricultural Commissioner before the pesticide is applied. The Contractor shall also provide the City with the notice of intent and the product recommendation. Beachfront Landscape Page 11 of 14 Scope of Work Maintenance 2.24 Sanitation a. During each site visit, hardscaped areas, including driveways, parking areas, sidewalks, pathways, curbs and gutters, expansion joints, and walls adjacent to City landscaped areas, shall be maintained free of dirt, mud, trash,weeds,feces, and any other unsightly or unsafe material. b. The Contractor shall remove and properly dispose of all trash and debris generated by or encountered during operations prior to leaving each site. Disposal shall be performed at an approved transfer station or state-permitted landfill site and shall be included in the contract price. 2.25 Mulch a. The Contractor shall furnish and apply mulch to the planter areas twice per year. b. The Contractor shall remove all weeds and debris from the planter areas prior to applying mulch. c. Mulch shall be evenly distributed at a uniform depth of three (3) inches. d. The Contractor shall remove all non-organic materials, includingtrash and debris, from newly applied mulch and ensure the mulch is clean and free of contaminants. Beachfront Landscape Page 12 of 14 Scope of Work Maintenance 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. BID SCHEDULE Item Bid No. Item Amount Provide Beachfront Landscape Maintenance Services per 1 specifications and exhibits $ 406,656.00 ANNUAL PRICE YEAR 1 Provide Beachfront Landscape Maintenance Services per 2 specifications and exhibits S 418,860.00 ANNUAL PRICE YEAR 2 Provide Beachfront Landscape Maintenance Services per 3 specifications and exhibits $ 431,424.00 ANNUAL PRICE YEAR 3 4 TOTAL BID(YEARS 1 -3) $ 1,256,940.00 fi i► 1 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. 26-18108/412933 12 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. 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. 26-18108/412933 13 f(.ic1 A� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY) 2/25/2026 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 pollcy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bertha Guerrero NAME: Valiant Insurance Agency, Inc. PHONE (714)243-4070 IFAx 020522-0211/AK:No.Eat): ouc.No): Lic. A0M04649 E-MML bguerrero@lvaliantins.com ADDRESS: 1913 E. 17th Street, Suite 210 INSURERS)AFFORDING COVERAGE NAIC 1 Santa Ana CA 92705-3922 INSURERA:XL Insurance America, Inc 24554 INSURED INSURER B:Greenwich Insurance Company 22322 INSURERc:CompWest Ins. Co. 12177 Nieves Landscape, LLC INSURERO: 1629 E. Edinger Avenue INSURERE: Santa Ana CA 92705 INSURERF: COVERAGES CERTIFICATE NUMBER:26/27 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE /IDOL SR POLICY EFF POLICY EXP LTR INS° MD POLICY NUMBER IMMIDDIYYYYI IMM/DOJYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED A I CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $ 100,000 X Deductible: $5,000 X Y NGL100297106 2/22/2026 2/22/2027 MED EXP(Any one person) S 5,000 X Pollution Liab: $1,000,000 PERSONAL 5ADV INJURY S 1,000,000 GEM.AGGREGATE LIMITAPPLIES PER. GENERAL AGGREGATE S 2,000,000 POLICY n JE o- n LOC PRODUCTS-COMP/OP AGG S 2,000,000 I OTHER Employee Benetu $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S B ALL OV1NE0 SCHEDULED AUTOS AUTOS X y N8A100447605 2/22/2026 2/22/2027 BODILY INJURY(Per accident) $ _ NON-OMNED PROPERTY DAMAGE S X HIRED AUTOS X AUTOS (Per ecddenll Mted.cal payments S 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,000 a EXCESS LIAR CLAIMS-MADE AGGREGATE S 4,000,000 DEO I I RETENTION S NEC700062601 2/22/2026 2/22/2027 S WORKERS COMPENSATION X I PER STATUTE I 10TH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORJPARTNER/EXECUTNE EL EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? N/A C (Mandatory In NH) y CWWCP10003773605 4/8/2026 4/8/2027 E DISEASE-EA EMPLOYE S 1,000,000 II yes,describe under DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMI S 1,000,000 APPROVED AS TO FORM 3Y DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORO 101,Additional Remarl,s Schedule,may be attached If more space Is)yy(4NAEt.J.VIGLIU(TA RE: All Operations CITY ATTORNEY The City of Huntington Beach it's officers, elected or appointed off ici ?w�pyMIN�COVIDACH volunteers are named as additional insured per the attached CG2010 12/1 7 19, Primary and Non-Contributory applies per the attached CG2001 12/19. Broad endt includes Waiver of Subrogation wording XIL436 12/08. Auto Additional Insured endorsement applies per the attached XIC421 10-13. WC waiver of Subrogation applies per the attached WC990313 C.Coverage is primary insurance as respects the City, its agents, officers, and employees. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Kevin Markel/KEVIN I ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMENTS/REMARKS *30 Days' notice of cancellation except 10 days given for non-payment of premium* OFREMARK COPYRIGHT 2000, AMS SERVICES INC. POLICY NUMBER: NGL-1002971-06 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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 Organizations) Location(s)Of Covered Operations The City of Huntington Beach, its 2000 Main St. , Huntington Beach CA officers, elected or appointed 92648 officials, employees, agents and volunteers 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 on behalf of the additional insured(s) at the in the performance of your ongoing operations for location of the covered operations has been the additional insured(s) at the location(s) completed; or designated above. 2. That portion of "your work" out of which the However: 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 10 12 19 POLICY NUMBER: NGL-1002971-06 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 The City of Huntington Beach, its 2000 Main St. , Huntington Beach CA 92648 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. 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 1. Required by the contract or agreement; or in the"products-completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the applicable limits of insurance. 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 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 NGL100297?06 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: NGL100297106 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 Blanket as required by written contract Blanket as required by written contract 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 1. Required by the contract or agreement; or in the"products-completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the applicable limits of insurance. 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 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: NGL100297106 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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 Blanket as required by written contract Blanket as required by written contract 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 on behalf of the additional insured(s) at the in the performance of your ongoing operations for location of the covered operations has been the additional insured(s) at the location(s) completed; or designated above. 2. That portion of "your work" out of which the However: 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 10 12 19 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be $ 500 Schedule Any person or organization that you perform work for that is liable for an injury, covered by this policy, that prior to the injury has written contract requiring a waiver of our right to recover from them. Person or Organization Job Description 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 04/08/2026 Policy No.CWWCP10003773605 Endorsement No. 0001 Insured Nieves Landscape, Inc. 01/ Insurance Company COMPWEST INSURANCE COMPANY Countersigned by WC990313C (Ed. 7-09) ENDORSEMENT# This endorsement, effective 12:01 a. 2/22/2026 forms a part of Policy No. NGL100297106 issued to Nieves Landscape, Inc. by XL Insurance America, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XL Plus Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force— Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to$300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury—Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to$5,000 • Loss of earnings increased to$1,000 per day G. Broadened Named Insured H. Blanket Additional Insured—Managers or Lessors of Premises I. Blanket Additional Insured—Lessor of Leased Equipment J. Injury to Co-Employees and Co-Volunteer Workers K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M.Liberalization N. Blanket Waiver of Subrogation O. Incidental Medical Malpractice Injury P. Extension of Coverage—Bodily Injury Q. Coverage Territory Form XIL 4361208 ©2008,XL America, Inc. Page 1 of 8 Indudes copyrighted material of Insurance Services Office,Inc.,with Its permission. A. REASONABLE FORCE—BODILY INJURY OR PROPERTY DAMAGE Exclusion a. Expected Or Intended Injury of Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I-Coverages is deleted in its entirety and replaced by the following: [This insurance does not apply to:) Expected or Intended Injury or Damage "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of 2. Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I-Coverages is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion,vandalism, leakage from fire extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section III-Limits of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6.of Section III-Limits of Insurance is deleted in its entirety and replaced by the following: 6.a.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000; or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. Form XIL 436 1208 ©2008,XL America, Inc. Page 2 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 4. Paragraph 9.a.of the definition of"insured contract"under Section V-Definitions, is deleted in its entirety and replaced by the following: [insured contract"means:] a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an "insured contract". 5. This Article B. does not apply if coverage for Damage to Premises Rented to You of Coverage A. Bodily Injury And Property Damage Liability of Section I — Coverages is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in Exclusion g.,Aircraft,Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of Section I—Coverages: [This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Article C.does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C.shall be excess over any valid and collectible insurance available to the insured,whether primary, excess, contingent or on any other basis,except for insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2)of Exclusion g.Aircraft.Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I—Coverages is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Article D.applies to any person who,with your expressed or implied consent,either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D.shall be excess over any other valid and collectible insurance available to the insured,whether primary, excess,contingent or on any other basis,except for insurance purchased specifically by you to be excess of this policy. E. PERSONAL AND ADVERTISING INJURY-ASSUMED BY INSURED CONTRACT 1. Exclusion e.Contractual Liability in Part 2., Exclusions of Coverage B.Personal And Advertising Injury Liability of Section I—Coverages is deleted in its entirety and replaced by the following: Form XIL 436 1208 ©2008,XL America,Inc. Page 3 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. [This insurance does not apply to:) e. Contractual Liability "Personal and Advertising Injury"for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: 1. That the insured would have in the absence of the contract or agreement;or 2. Assumed in a written contract or agreement that is an "insured contract"; provided the "personal and advertising injury" is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f.of the definition of"insured contract"Section V.-Definitions is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury", "property damage"or"personal and advertising injury"to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 2. This Article E.does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b.and d.of Supplementary Payments—Coverages A And B of Section I - Coverages are amended as follows: 1. In Subparagraph b.,the amount we will pay for the cost of bail bonds is increased up to $5,000. 2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to $1,000 a day. G. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization. 2. This Article G.does not apply to any person or organization for which coverage is excluded by endorsement. Form XIL 436 1208 ©2008,XL America, Inc. Page 4 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. H. BLANKET ADDITIONAL INSURED-MANAGERS OR LESSORS OF PREMISES 1. Section II-Who Is An Insured is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional insured° shall be the limits you agreed to provide,or the limits shown on the Declarations,whichever is less. b. The insurance afforded to the"additional insured"does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or (3) Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured". 2. The insurance afforded to the"additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. I. BLANKET ADDITIONAL INSURED- LESSOR OF LEASED EQUIPMENT 1. Section II-Who Is An Insured is amended to include an "additional insured" (as defined in Article H.above),but only with respect to their liability arising out of maintenance,operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured"shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the"additional insured"does not apply to: (1) Any"occurrence"that takes place after the equipment lease expires; or (2) "Bodily injury"or"property damage"arising out of the sole negligence of such additional insured. 2. The insurance provided to the"additional insured" is excess over any valid and collectible insurance available to such"additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. J. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. Section II-Who Is An Insured is amended to include your"employees"as insureds with respect to"bodily injury°to a co-"employee" in the course of the co"employee's" employment by you, or to your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your"employees"does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. Form XIL 436 1208 ©2008,XL America, Inc. Page 5 of 8 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. 2. Section II—Who Is An Insured is amended to include your"volunteer workers"as insureds with respect to"bodily injury"to a co"volunteer worker"while performing duties related to the conduct of your business, or to your"employees"employment by you, provided that this coverage for your"volunteer workers"does not apply while performing duties unrelated to the conduct of your business. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit of the Section IV-Commercial General Liability Conditions: Notice of an"occurrence"or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the"occurrence"or offense has been reported to any insured listed under Paragraph 1. of Section II-Who Is An Insured or any"employee"(such as insurance, loss control, risk manager or administrator)designated by you to give such notice. Knowledge of any other"employee(s)"of an"occurrence'or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1. of Section II—Who Is An Insured or an"employee" (such as an insurance, loss control, or risk manager or administrator) designated by you to give such notice discovers that the"occurrence", offense or claim may involve this policy. L. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations, of Section IV-Commercial General Liability Conditions: The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However, this Article L.does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws or regulations. M. LIBERALIZATION The following is added to Section IV-Commercial General Liability Conditions: Liberalization After the issuance of this policy, if we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without a premium charge,the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. Form XIL 436 1208 ©2008,XL America, Inc. Page 6 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. N. BLANKET WAIVER OF SUBROGATION The following is added to Section IV-Commercial General Liability Conditions: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or'your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. O. INCIDENTAL MEDICAL MALPRACTICE INJURY 1. For insurance applicable to this Article 0, the definition of"bodily injury" in Section V - Definitions is amended to include, "Incidental Medical Malpractice Injury". 2. The following definition is added to Section V-Definitions: "Incidental medical malpractice injury" means "bodily injury°, mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of,or failure to render,the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; c. First aid;or d. "Good Samaritan Services". As used in this Article 0., "Good Samaritan Services"are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of Section II -Who Is An Insured does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in Paragraph 2. above and while acting within the scope of their employment by you. Any "employees" rendering "Good Samaritan Services"will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Paragraph 2. Exclusions of Coverage A.—Bodily Injury And Property Damage Liability of Section I—Coverages: [This insurance does not apply to:) Willful Violation of Penal Statute Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services described in Paragraph 2.a.through 2.d.above to any one person,will be considered one"occurrence". 6. This Article O. does not apply if you are in the business or occupation of providing any of the services described in Paragraph 2.above. Form XIL 436 1208 ©2008,XL America, Inc. Page 7 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 7. The insurance provided by this Article O. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. P. EXTENSION OF COVERAGE—BODILY INJURY The definition of"bodily injury"Section V-Definitions is deleted in its entirety and replaced by the following: 3. "Bodily injury"means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. Q. COVERAGE TERRITORY The definition of"coverage territory"Section V-Definitions is deleted in its entirety and replaced by the following: 4. "Coverage territory"means anywhere in the world. This insurance does not apply to: a. "bodily injury"or"property damage"that takes place; or b. "personal and advertising injury"caused by an offense committed outside the United States of America(including its possessions and territories), Canada and Puerto Rico, unless a"suit°on the merits(to determine the insured's responsibility to pay damages to which this insurance applies)is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico. This insurance does not apply to damage, loss, cost or expenses in connection with any "suit"brought outside the United States of America(including its possessions and territories), Canada or Puerto Rico. Form XIL 436 1208 ©2008,XL America, Inc, Page 8 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: NBA100447605 XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract, Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage 1. Rental Reimbursement 2. Extra Expense—Broadened Coverage 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair—Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance H. Bodily Injury Redefined I. Extended Cancellation Condition XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 1 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission V�liII \:lr i� 1il.1 I A. Temporary Substitute Auto Physical Damage SECTION I - COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered"autos"for Physical Damage coverage: 1. Any'auto"you do not own while used with the permission of its owner as a temporary substitute for a covered"auto"you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. B. Who Is An Insured SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization. 2. Employees As Insureds Any"employee" of yours is an "insured"while using a covered"auto"you don't own, hire or borrow, in your business or your personal affairs. 3. Additional Insured By Contract, Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or °property damage" occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An"employee"of yours is an "insured"while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 2 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. SECTION IV- BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered"auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. Supplementary Payments SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is changed as follows: Item (2) is deleted and replaced by the following: (2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds. Item (4) is deleted and replaced by the following: (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. D. Amended Fellow Employee Exclusion SECTION II-COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee does not apply. The insurance provided under this Provision D. is excess over any other collectible insurance. E. Physical Damage Coverage SECTION III-PHYSICAL DAMAGE COVERAGE, A. Coverage is changed by adding the following: 1. Rental Reimbursement a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 3 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. (1) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered"auto"and return it to you. (2) Thirty(30)days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred. (2) $50 any one day per private passenger"auto"; $100 any one day per truck; $1,500 any one period per private passenger"auto"; $3,000 any one period per truck;or Higher limits if shown elsewhere in this policy. d. This coverage does not apply while there are spare or reserve"autos" available to you for your operations. e. If"loss" results from the total theft of a covered"auto"of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. 2. Extra Expense—Broadened Coverage We will pay for the expense of returning a stolen covered"auto"to you. 3. Personal Effects Coverage If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "personal effects" stolen from the"auto". As used in this endorsement, "personal effects" means tangible property that is worn or carried by an"insured". "Personal effects"does not include tools,jewelry, money or securities. 4. Lease Gap In the event of a total"loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered"auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchases with the loan or lease; and (5) Carry-over balances from previous loans or leases. XIC 421 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 4 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 5. Glass Repair—Waiver Of Deductible No deductible applies to glass damage if the glass is repaired rather than replaced. F. Physical Damage Coverage Extensions SECTION III- PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by the following: 1. Additional Transportation Expense Sections a. and b. are amended to provide a limit of$50 per day and a maximum limit of$1,000. 2. Hired Auto Physical Damage The following section is added: Any "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" for physical damage coverage. The most we will pay for each covered"auto" is the lesser of: (1) the actual cash value; (2) the cost for repair or replacement; or (3) $50,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage. For each covered "auto" a deductible of $100 for Comprehensive Coverage and $1,000 for Collision Coverage will apply. G. Business Auto Conditions SECTION IV-BUSINESS AUTO CONDITIONS, A. Loss Conditions is changed by the following: 1. Notice Of Occurrence Section 2.—Duties In The Event Of Accident, Claim, Suit Or, Loss, a. is changed by adding the following: If you report an injury to an "employee" to your workers' compensation carrier and if it is subsequently determined that the injury is one to which this insurance may apply, any failure to comply with this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply. 2. Waiver Of Subrogation Section 5. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: However, this Condition does not apply to any person(s) or organization(s)with whom you have a written contract, but only to the extent that subrogation is waived prior to the"accident" or the"loss" under such contract with that person or organization. XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 5 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. SECTION IV-BUSINESS AUTO CONDITIONS, B. General Conditions is changed by the following: 3. Unintentional Failure To Disclose Hazards The following condition is added: Your unintentional failure to disclose all hazards as of the inception date of the policy shall not prejudice any insured with respect to the coverage afforded by this policy. 4. Primary Insurance Condition 5. Other Insurance is changed by adding the following: For any covered "auto" this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a"loss". H. Bodily Injury Redefined SECTION V-DEFINITIONS, C. "Bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. Extended Cancellation Condition COMMON POLICY CONDITIONS (Form IL 00 17), A. Cancellation, 2.b. is replaced by the following: The greater of sixty (60) days or the time required by any applicable state amendatory endorsement before the effective date of cancellation if we cancel for any other reason. All other terms and conditions of this policy remain unchanged. XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 6 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 6/1/26, 11:25 AM Accela Citizen Access Record Information A270453: Non-City Contractor Record Status:Active Expiration Date: 05/31/2027 Record Info Record Details Business Information: NIEVES LANDSCAPE LLC NIEVES LANDSCAPE LLC .More Details o Application Information Table NAICS CODES NAICS Code: 561730 Landscaping Services QUESTIONS? 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