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HomeMy WebLinkAbout2015 CON South Bay Fence - Fence Install, Repair, ReplacementSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTH BAY FENCE, INC. THIS AGREEMENT is entered into this 1st day of July, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SOUTH BAY FENCE, INC. (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide City -Wide on -site fence installation,service, repairs and replacements as needed for our fiscal year ending June 30, 2016,. and as directed by Miguel Diaz, the City's Park Superintendent 2. Length of Agreement. The duration of this agreement is through June 30, 2016. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $5,000.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY's Risk Manager. If the CON TRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: Risk Manager 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify, and hold CITY, its Officers, employees, and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. Revised August 2014 2 11. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the parry to be bound thereby. L Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Revised August 2014 3 CITY OF NATIONAL CITY Leslie Deese, City Manager • PPROV . 0 AS TO FORM: t "44 'P dia Gaci . Silva City Attorney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336- 4288 Fax: (619)336-4397 Contact: Miguel Diaz Title: Park Superintendent Dep.: Public Works/Parks Email: mdiaz@nationalcityca.gov SOUTH BAY FENCE, INC. (Corporation — signatures of two corporate officers required) (Partnership — one signature) (Sole proprietorship — one signature) (Name) Larry Johnston (Print) President ('Title) By: (Name) Larry Johnston (Print) President (Title) SOUTH BAY FENCE, INC. Complete Address: 3084 Main Street, Chula Vista, CA. 91911 Phone 619-420-3410 Fax 619-420-5665 Contact: Loreina Aguirre Title: Dispatch Email: info@southbayfence.com Taxpayer I.D. No 952786168 Revised August 2014 4 PLEASE FAX BACK TO 619.420.5665 Form 0.9Request (Rev. December 2011) Department of the Treasury Internal Revenue Service for Taxpayer identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific instruction on page 2. Name (as shown on your income tax return) South Bay Fence inc. Business name/disregarded entity name, if different from above Check appropriate ❑ Individual/sole ❑ Limited liability box for federal tax classification: proprietor ❑ C Corporation Q S Corporation ❑ Pertnrah:p O Trust/cstgte company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► ► El Exempt payee 111 Other (see instructions) Address (number, street, and apt. or suite no.) 3084 Main Street Requester's name and address (optional) City of National City 1243 National City Blvd. National City, CA 91950-4301 a City, state, and ZIP code Chula Vista, CA 91911 List account number(s) here (optional) w ar axpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name' line to avoid backup withholding. For individuals, this Is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account Is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Imix Certification Social security number Employer identification number 9 5 2 7 8 6 1 6 8 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) 1 have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report ail interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all intcd_dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or aban.ertfitent of securZTre• rty, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other th:. nterest and dividends, you . of required to sign the certification, but you must provide your correct TIN. See the Instructions on page 4. Sign Here Signature of U.S. person Date la — /7— /6 General Instruc • ns Section references are to i ntemal Revenue Code unless o i' erwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, Income paid to you, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TiN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if It is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An Individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, In certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that Is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 12-2011) "No Job Tbo Tough" Sci4e 7eeee, T#te. 3084 Main Street Chula Vista, CA 91911 Phone (619) 420-3410 * Fax (619) 420-5665 CITY OF NATIONAL CITY LABOR RATE Job Site Labor Rates: Prevailing Wage-1 man crew w/truck Prevailing Wge-2 man crew w/truck $95.00 per hour $185.00 per hour Shop, Loading & Driving Time Labor Rate: 2 man crew w/truck $125.00 per hour Overtime Time Labor Rate: OVERTIME Prevailing Wage-1 man crew w/truck $125.00 per hour OVERTIME Prevailing Wge-2 man crew w/truck $245.00 per hour A1CC,RE)': SOUTHB2 OP ID: NG DATE (MMDDNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS 15 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 certmcate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 0 SUBROGATION IS WANED, 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 Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego, CA 92121 Hulquist insurance Svcs.,lnc. INSURED South Bay Fence, Inc. 3084 Main St Chula Vista, CA 91911 COVERAGES CERTIFICATE OF LIABILITY INSURANCE CONTACT NAME: Heather Wirsig PHONE WC No, Enty: ADDRESS: hwirsig@water)dge.com INSURER(S) AFFORDING COVERAGE INSURERA:Golden Eagle Insurance Corp INSURER B : Insurance Co. ofthe West INSURER C INSURER D : INSURER E : INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM DNABOVE 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. TNSR AUUL b1A3}d LTR JNSR IFAX WIC, No): NAIL # 23043 27847 A A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I X l OCCUR Contractual Liab. X CERTIFICATE NUMBER: A GEM AGGREGATE LIMIT APPLIES PER IPOLICY iC I 7 LOC AUTOMOBILE LIABlLrrY X I ANY AUTO ALL C0Af ED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS X UMBRELLA LIAB I X EXCESS LIAB POLICY NUMBER CBP8057056 CBP8057056 MPOLIEFR T POLICY F.XP iMMIDDfYYYY) 08/01/2014 08/01/2015 08/01/2014 08/01/2015 OCCUR CLAIMS - DEO 1 RETN TON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERMEMBER EXCLUDED' (Mandatory In NH) Ites, descnba under DESCRIPTIO.'J C'F OPERATIONS below YIN II NIA x CU8782599 WSD500687203 08/01/2014 10/01/2014 LIMITS EACH OCCL>F{P.ENCE UAMAGE 10ItEN1ED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMR/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) 1,000,000 100,000. 5,000 1,000,000 2,000,000 2,000,000 1,000,000 BODILY INJURY (Per accident) PROPERTY DAMAGE (PER ACCIDENT) EACH OCCURRENCE 08/01/2015 AGGREGATE 10/01/2015 DESCRIPTION OF OPERATIONS !LOCATIONS 1 VEHICLES ACORD req THE CERTIFICATE HOLDER IS ADDITIONAL INSURED TWIT RESPECTS TO GENERAL LIABILITY PER ATTACKED WC WAIVER APPLIES. RE: SUPPLY ALL LABOR AND MATERIALS NEEDED TO INSTALL AND REPAIR FENCES, SERVICES AGREEMENT AT NATIONAL CITY, CA X I TORWY SLIMITSTATLL E L EACH ACCIDENT 1jj OTH- _ ER E L DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 3,000,000 3,000,000 1,000,000 1,000,000 1,000,000 CERTIFICATE HOLDER CITY OF NATIONAL, CITY ATTN: FINANCE DEPT./PURCHASING 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ACORD 25 (2010/05) NATIONC CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE will THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE: SOUTH BAY FENCE, INC. CERTIFICATE REQUEST FORM 07/22/2015 TOTAL PAGES: 1 Requested by: LEA JOHNSTON Certificate needed to be faxed? If yes, Fax: ATTN: Debbie Lunt ATTN: HEATHER WIRSIG FAX: (858) 200-3390 e-mail: 619.336.4597 Coverag Requested: Liability] llAutornotivel7 Umbrella ✓ �Qther , orkman's Comp. # of days cancellation notice 30 (10. 30. X-OUT "Endeavor To" clause) CERTIFICATE HOLDER (Name and Address) (Additional Insured as Required by Contract) The City of National City Attn: Finance Department Purchasing Division 1243 National City Blvd. National City, CA 91950 ***ADDITIONAL INSURED/WAIVER OF SUBROGATION INFORMATION (Name and Address) (Additional Insured as Required by Contract) See attached requirements COVERAGE (S) REQUESTED FOR ADDITIONAL INSURED: Liability(/]Automotive mbrellaVOtherr Workman's Comp INTEREST: Additional Insured as required by ContractuWaiver of Subrogation Primary Insurance Endt El ***Job Project Name: Repairs, service and installation of fence as needed ***Job Property Location: Various City of National City Locations ***Description of Operations: Repairs, service and installation of fence as needed Start Date: 07/22/2015 OTHER REQUIREMENTS? (ATTACH CONTRACT WITH INSURANCE REQUIREMENTS; SAMPLE WORDING) Relationship of certificate holder to insured (Landlord, General, Vendor, etc...) **PLEASE NOTE THAT ADDITIONAL INSURED CERTIFICATES/ENDORSEMENTS WILL BE ISSUED ON A JOB SPECIFIC BASIS ONLY. ALL OPERATIONS IS NO LONGER ALLOWED* 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 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. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for `loss" in any one "accident' is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, retum or replace damaged or stolen properly will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". GECA 701(01f07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 2 of 4 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 under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. S. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We wit not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4_c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto'; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701 (01f07) Includes copyrighted material of Insurance Services offices, Inc with its permission Page3of 4 SECTION N. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS item 2.a. and b. are replaced with: 2 Duties kt The Event of Accident, Claim, Suet, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and address of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g, but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 (01/0 Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 4of � South Bay Fence, Inc. Policy # CBP8057056 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. COMMERCIAL UABIUTY GOLD ENDORSEMENT — CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABIUTY COVERAGE PART SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following: 2) a watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership in eiest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III — Lints of Insurance. SECTION I — COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Units The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in °bodily injury" or "property damage; and b. The °product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses" during the policy period is $100,000. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bait bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. Ali reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or °suit including actual loss of earnings up to $500 a day because of time off from work. GECG 970 (01#11 Includes copyrighted material of Insurance Servces Offices Ina, with its permission. Page 1 of 4 SECTION II — WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does riot apply 10 "bodily injury' or "property damage' that occurred before you acquired or formed the entity, or 'Personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III — UMITS OF INSURANCE Paragraph 2. is amended to include: The General Aggregate Limit of Insurance applies separately to each "location' owned by you, rented to you, or occupied by you with the permission of the owner. Paragraph 6. is replaced with the following: 6. Subject to 5. above; the Fire Damage Limit is the most we will pay under Coverage A for damages because of `property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000 or b. The amount shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABIUTY CONDITIONS item 2. a. is replaced with: 2. Dudes In The Event of Occurrence, Offense, Clain or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence', offense, claim, or "suit'. Knowledge of an "occurrence", offense, claim or "suite by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the °occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the °occurrence offense, claim or "suit'. ° Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include: 6. Represergations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does rat affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Includes copyrigited material of Insurance Services Offices Inc., with its permission. GECG 970 (01l11) Page 2 of 4 Item 8. is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request. the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written "insured contract", 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 your ongoing operations or "your work" done under that written "insured contract" for that person or organization and included in the "products -completed operations hazard". Item 10. and item 11. are added: 10. Cancellation Cotten If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V — DEFINITIONS The following definitions are added or changed: 9. `Insured contract" a. Is changed to: 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, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract. 23. and 24. are added: 23. 'Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. "Product recall notification expensesr means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the retum of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. Includes copyrighted material of Insurance Setvlces Offices Inc., with its permission. GECG 970 (01111) Page .3'clf 4 2. This endorsement provision A. does not apply. a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury', 'property damage" or "personal and advertising injury"; b. To "bodily injury" or "property damage' occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perfom-iieg operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", 'property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence orwrongdoing; e. To any person or organization specifically designated an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy B. PRIMARY NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written "construction contract' to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. For the purposes of this endorsement, "construction contract" means a written contract or written agreement other than a premises lease, facilities rental contract or agreement, an equipment rental or lease agreement, or a permit issued by a state, county, municipality or other govemmental authority. b. The following is added to paragraph b. Excess Insurance: (3) Except as specified in paragraph a., above, any other insurance in which a party who is an additional insured hereunder is designated as a Named Insured. Regardless of the terms of any written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured. GECG 970 (01/11 Includes copyricgted material of insurance Servives Offices Inc., with its permission. Page 4 of 4 South Bay Fence, Inc. Policy # CBP8057056 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added; d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) if there is similar insurance or a self -insured retention plan available to that organization; or (2) To "bodily injury" or ''property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. GECA 701(01/07) Includes cop;righted material orinsurance Services Offices, Inc. with its permission Page t of 4 Forming a part of Policy Number: CBP8057056 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: SOUTH BAY FENCE INC Agent: WATERIDGE INSURANCE SERVICES Agent Code: 4292657 Agent Phone: (858)-452-2200 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 Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or `property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADD'L INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART Location And Description Of Completed Operations: ANY LOCATION AT WHICH YOU PERFORMED WORK DESCRIBED IN WRITING IN THE CONTRACT, AGREEMENT OR PERMIT FOR A PERSON OR. ORGANIZATION THAT HAS BEEN QUALIFIED AS AN ADDITIONAL INSURED IN THIS ENDORSEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 (07104) 9 ISO Properties, Inc_, 2004 08/01/2013 8057056 NEUSXNVA2507 INSURED COPY PGDM060D J02153 GCAFPPN 00002792 Page $1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHOM THIS WAIVER IS REQUIRED. ALL CALIFORNIA OPERATIONS Policy Number: WSD 5006872 03 Insured: South Bay Fence Inc. Endorsement Effective: 10/01/14 Coverage Provided by: Insurance Company of the West issue Date: 09/18/14 Countersigned by: WC990634 (Ed. 8-00) SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTH BAY FENCE, INC. THIS AGREEMENT is entered into this 1st day of July, 2015, by and between. the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SOUTH BAY FENCE, INC. (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide City -Wide on -site fence installation, service, repairs and replacements as needed for our fiscal year ending June 30, 2016,. and as directed by Rick Hernandez, the City's Facilities Maintenance Supervisor 2. Length of Agreement. The duration of this agreement is through June 30, 2016. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $5,000.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in. Exhibit "A" (the labor rates) without prior written authorization from CITY. 4, Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. El If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at Least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. - E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 1. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY inay elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: Risk Manager 1243 National City Blvd National City, CA 91950-4301 8. Ilold Harmless. CONTRACTOR shall defend, indemnify, and hold CITY, its Officers, employees, and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. 10. Business License, CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. Revised August 2014 2 1 l . Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and locallaws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 1. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolvedagainst the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Revised August 2014.3 OFO iers 11i udia G: itua Ilya City Attor CITY OF NATIONAL CITY By:� Leslie Deese, City Manager ROVED CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National. City, CA 91950-4301 Phone: (619)336- 4585 Fax: (619)336-4397 Contact: Rick Hernandez Title: Facilities Supervisor Dep.: Public Works Email: rickh@nationalcityca.gov SOUTH BAY FENCE, INC. (Corporation- signatures of two corporate officers required) (Partnership - one signature) (Sole proprietorship - one signature) By: Larry Johnston (Print) President (Title) (Name) Larry Johnston (Print) President (Title) SOUTH BAY FENCE, INC. Complete Address: 3084 Main Street, Chula Vista, CA. 91911 Phone 619-420-3410 Fax 619-420-5665 Contact: Loreina Aguirre Title: Dispatch Email: info@southbayfence.com Taxpayer I.D. No 952786168 Revised August 2014 4 "No Job Too Tough„ &ref 3084 Main Street Chula Vista, CA 91911 Phone (619) 420-3410 '' Fax (619) 420-5665 CITY OF NATIONAL CITY LABOR RATE Job Site Labor Rates: Prevailing Wage-1 man crew w/truck Prevailing Wge-2 rnan crew w/truck $95.00 per hour $185.00 per hour Shop, Loading & Driving Time Labor• Rate: 2 man crew w/truck $125.00 per hour Overtime Tune Labor Rate: OVERTIME Prevailing Wage-1 man crew w/truck OVERTIME Prevailing Wge-2 man crew w/truck $ 125.00 per hour $245.00 per hour AP C RL SOUTHB2 CERTIFICATE OF LIABILITY INSURANCE OP ID: NG DATE (MM/DOJYYYY) 0712212015 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 poticy(ies) must be endorsed. if SUBROGATION IS WANED, 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 Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego, CA 92121 Hulquist Insurance Svcs.,Inc. INSURED South Bay Fence, Inc. 3084 Main St Chula Vista, CA 91911 COVERAGES CERTIFICATE NUMBER: CONTACT NAME. __, Heather Wirsig PHONE .._-- _ ANC, NO Ext) ._._. FA MAIL F _ ((AIC. , No).ADDRESS hwirsig)wateridge.com INSURER(S) AFFORDING COVERAGE INSURERA: Golden Eagle Insurance Corp INSURER s:lnsurance Co. of the West INSURER C : -.. --- .._- INSURER D : INSURER E : NAIC 73 23043 27847 INSURER F THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW REVISION NUMBER: INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OReOTHER DOINURED CUMENT WIMED TH REQSPECT TOR THELWHICH T IS PE HCERTIFICATE 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. ----.._....--_ 17JSR LTR -- TYPE OF INSURANCE ADDLTSUBR __.. _ -- PO DrYYY) MMIOD EXp �_'- INSR MD POLICY NUMBER j (Ml+tlpDlrm') ! (MM/POIYYYYy ---._—_.. __—__. M_.... _ __ LIMITS A t3EtJEFWL LIABILITY ' X EACH ci r1 S: 1,000,000 � 4 1 t I =>1C' L Fi Irr ;WAS CBP8057056 0810112014I 08f0112015 ! fil ES F „� u - ? 100,000 r DC �! ,I; - X Contractual Liab. TOED EXP IA,',, n w,) 5,000 r5 PEPSDNAI E, i; DV INJuR, 1 1 1,000,000 *'Fr L _u�E - GENERAL A:3GP_3AIV I $ 2,000,000 , t ilT APR ES>' r, c r.Ll�t X'I 'Imo- I I F,t�;, "r,� iCl h'd �r AGG $ 2,000,000 L�z�: A AUTOMOBILE LIABILITY X!< t ( 'h', Scl1 I Ta 1,000,000 u �.' 'FC r H.Ci11LE:: X CBP8057056 00/01/2014 08/01/2015 E ,1IY .wl^r P, �-,; L`. �1 P_G U.T:IS , I IE Ja �_ ?U .- :„L It JI II:, IF r eici.Tiid,iMi r F iF E1 1 • hP.�,�t $ I A X UMBRELLA LIAB ' X, EXCESSLIAB I F EAC n c. 'R;E>l $ 3,000,000 - -L a,fE CU8782599 08/01/2014 08/01/2015 : r.�t=_[ PE �. ^E TE :t 3,000,000 ; B WORKERS COMPENSATION AND EMPLOYERS LIABILITY w Ir F_T T`!E YIN 4,t1 i '71J._ I Toro' LP f TS I 1 Er H ti�E:UTE I rr FIEN r C -!1_ ,EL, (mandatory In NH) NIA SD50pfi87203 10I01/2014 1fl/0112015 ,-.; c f ,T y 1,000,004 IIL b, 1 r L1. a rAsr- E. L'%L"f" II 1 1,000,000 E L C, ._E. F w Lunn( 1,000,000 1 ., DESCRIPTION OF OPERATIONS! LOCATIONS f VEHICLES (Attach ACORD 101. Addltional Remarks Schedule. if THE CERTIFICATE HOLDER IS ADDITIONAL INSURED WITH RESPECTS LIABILITY PER ATTACHED -WC WAIVER APPLIES. RE: SUPPLY ALL LABOR NEEDED TO INSTALL AND REPAIR FENCES, SERVICES AGREEMENT AT more space is required) TO GENERAL .AND MATERIALS NATIONAL CITY, CA CERTIFICATE HOLDER CANCELLATION NATIONC CITY OF NATIONAL CITY ATTN: FINANCE DEPT./PURCHASING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE IAILL 8E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD SOUTH BAY FENCE, INC. CERTIFICATE REQUEST FORM DATE: 07/22/2015 Requested by: LEA JOHNSTON Certificate needed to be faxed? If yes, Fax: ATTN: Debbie Lunt Coverag quested: Liability f Automotive' "'UmbrellatherWorkman's Comp. TOTAL PAGES: ATTN: HEATHER WIR. SIG FAX: (858) 200-3390 e-mail: 111 619.336.4597 # of days cancellation notice 30 (10. 30. X-OUT "Endeavor To" clause) CERTIFICATE HOLDER (Name and Address) (Additional Insured as Required by Contract) The City of National City Attn: Finance Department Purchasing Division 1243 National City Blvd. National City, CA 91950 ***ADDITIONAL INSURED/WAIVER OF SUBROGATION INFORMATION (Name and Address) (Additional Insured as Required by Contract) See attached requirements COVERAGE (S) REQUESTED FOR ADDITIONAL INSURED: LiabilityfAutomotivenUmbrel]aLJOthern Workman'sComp INTEREST: Additional Insured as required by Contract❑Waiver of Subrogation ***Job Project Name: ***Job Property Location: ***Description of Operations: Start Date: 07/22/2015 1 Primary Insurance Endt{ 1 Repairs, service and installation of fence as needed Various City of National City Locations Repairs, service and installation of fence as needed OTHER REQUIREMENTS? (ATTACH CONTRACT WITH INSURANCE REQUIREMENTS; SAMPLE WORDING) Relationship of certificate holder to insured (Landlord, General, Vendor, etc...) **PLEASE NOTE THAT ADDITIONAL INSURED CERTIFICATES/ENDORSEMENTS WILL BE ISSUED ON A JOB SPECIFIC BASIS ONLY. ALL OPERATIONS IS NO LONGER ALLOWED* 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 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. (4) All reasonable expenses incurred by the "Insured" at our request, including actual Toss of earning up to $500 a day because of time off from work. SECTION !I! - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 6. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) * The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than S75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to S500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". GE:CA 701 (01;07) Includes copyrighted material of Insurance Services offices. Inc. with its pernnission Page 2 of 4 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 under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss Tess any amounts representing taxes, overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss'' caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "Joss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's' electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701 rolronl Includes copyrighted material of insurance Services Offices, Inc. with Its permission Page 3 or 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners; members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident claim, "suit", or loss. by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses: a nd (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to v. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects Toss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9 is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of ycur policy will not prejudice the coverage afforded. However; we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 (01/07) Includes copyriglded material of Insurance Services Offices, Inc. with its permission Page 4 or 4 South Bay Fence, Inc. Policy # CBP8057056 THIS ENDORSEMENT CHANGES THE POUCY, PLEASE READ IT CAREFULLY. COMMERCIAL UABILITY GOLD ENDORSEMENT — CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION 1— COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following: 2.g. 2) a watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage; or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. SECTION i — COVERAGES COVERAGE C. MEDICAL PAYMENTS if Medical Payments Coverage is provided under this policy, the following is changed: 3, Limits The medical expense limit provided by this policy shall be the greater of: a S10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary, The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We wilt pay product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or ''property damage and b. The "product recall notification expenses' are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses' during the policy period is S100,000. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 970 (01/11) Page 1 of 4 SECTION ii — WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided: and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to bodily injury' or "property damage" that occurred before you acquired or formed the entity, or `'personal injury" or "advertising injury' arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III —LIMITS OF INSURANCE Paragraph 2. is amended to include: The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner. Paragraph 6. is replaced with the following: 6. Subject to 5. above. the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. S500,000 or b. The amount shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence", offense; claim, or 'suit". Knowledge of an "occurrence", offense, claim or 'suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the "occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence". offense, claim or "suit" Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Includes copyrighted material of Insurance Services Off es Inc., with ifs permission. GECG 970 (01/11) Page 2 of 4 Item 8, is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a if the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written "insured contract", 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 your ongoing operations or "your work" done under that written "insured contract" for that person or organization and included in the "products -completed operations hazard". Item 10. and Item 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V DEFINITIONS The following definitions are added or changed: 9. "Insured contract" a. Is changed to: 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, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not en "insured contract". 23. and 24. are added: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. 'Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation c,ost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2, under SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 970 (01/11) Page 3 of4 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the 'bodily injury", "property damage" or "personal and advertising injury"; b. To "bodily injury" or "property damage' occurring after:: (1) All work, including materials, parts or equipment furnished in connection with such work: in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings; opinions; reports, surveys, field orders; change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d To "bodily injury", "property damage' or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization specifically designated an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS; LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy B. PRIMARY NONCONTRIBUTORY ADDITIONAL INSURED EXTENSION Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written "construction contract' to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. For the purposes of this endorsement, "construction contract" means a written contract or written agreement other than a premises lease, facilities rental contract or agreement, an equipment rental or lease agreement, or a permit issued by a state, county, municipality or other governmental authority. b. The following is added to paragraph b. Excess Insurance: (3) Except as specified in paragraph a., above, any other insurance in which a party who is an additional insured hereunder is designated as a Named insured. Regardless of the terms of any written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured. GECG 970 (01/11) Includes copyrighted material of Insurance Services Offices Inc , with its permission. Page 4of4 South Bay Fence, Inc. Policy # CBP8057056 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added d, Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization: or (2) To "bodily injury or property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by. (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of e written permit issued to you by a governmental or public authority (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement: or (b) the permit has been issued to you. GEC 4 70i (01/07) Includes copyrighted material of Insiinince Services offices, Inc. wish its permission Page 1 of -I Forming a part of Policy Number: CBP8057056 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: SOUTH BAY FENCE INC Agent: WATERIDGE INSURANCE SERVICES Agent Code: 4292657 Agent Phone: (858)-452-2200 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 Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". SCHEDULE Name Of Additional Insured Persons) Or Organization(s): ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADM_ INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART Location And Description Of Completed Operations: ANY LOCATION AT WHICH YOU PERFORMED WORK DESCRIBED IN WRITING IN THE CONTRACT, AGREEMENT OR PERMIT FOR A PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED AS AN ADDITIONAL INSURED IN THIS ENDORSEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 {07/04) 08/01/2013 8057056 C ISO Properties, Inc., 20DA INSURED COPY NEUSXNVA2507 PGDM060D J02153 GCAFPPN 00002792 Page 81 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET WC 99 06 34 (Ed. 8-00) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHOM THIS WAIVER IS REQUIRED. Policy Number: WSD 5006872 03 Endorsement Effective: 10/01/14 issue Date: 09/18/14 WC 99 06 34 (Ed. 8-00) ALL CALIFORNIA OPERATIONS Insured: South Bay Fence Inc. Coverage Provided by: Insurance Company of the West Countersigned by: CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk August 24, 2015 Ms. Loreina Aguirre South Bay Fence, Inc. 3084 Main Street Chula Vista, CA 91911 Dear Ms. Aguirre, On July 1st, 2015, two Agreements were entered between the City of National City and South Bay Fence, Inc. We are enclosing for your records two fully executed original Agreements. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.