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HomeMy WebLinkAboutAGMT - Express Energy Services (Energy Efficiency Upgrade) i Recorded in Official Records, Orange County RECORDING REQUESTED BY Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO I IIIHIII• HIIIIIIIIMIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIIIIII III ft NO FEE + $ R 0 0 0 4 6 1 7 2 0 9 $ * CITY OF SEAL BEACH 2012000130076 1:31 pm 03107/12 Attn. City Clerk 47 412 N12 1 211 - 8th Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Seal Beach, CA 90740 Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** I I NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that 1 The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Seal Beach 3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740. 4 The nature of the interest or estate of the owner is: In Fee The City of Seal Beach. 5 A work of improvement on the property hereinafter is described as substantially completed on February 6. 2012. The work was Energy Efficiency Upgrades Protect No BG1103. 6 The name of the contractor(s), if any, for such improvement was: Express Energy Services, Inc The date of the Contract Award was March 28, 2011. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Various City Facilities. Date.Z-b-}/IZ / 71 Old,F4r,Director o ublic Works, City of SI 1 Beach Signature of owner or corporate o icer of owner named in paragraph 2 or agent VERIFICATION I, the undersigned, say. the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct. Executed on 2/2.21/z- , 2012, at Seal Beach, California. ( te o ignature) Director o •ublic Works, City os-al Beach S PUBLIC WORKS AGREEMENT ENERGY EFFICIENCY UPGRADES FOR CITY FACILITIES between 'F SEA1.g'. 0 ,, F ' crick: gOHPOggI q� I City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Express Energy Services, Inc 12570 Industry Street Garden Grove, CA 92841 714.650.8870 THIS AGREEMENT is made as of March 28, 2011, by and between the City of Seal Beach, a California charter city ("City"), and Express Energy Services, Inc. a ("Contractor"). 1 of 9 • • RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Energy Efficiency Upgrades For City Facilities ("Project") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated March 3, 2011 in the amount of $78,752.00 ("Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, bD provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ("Work") required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non-Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein. all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 2 of 9 • • 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2. Effective Date. This Agreement is effective as of March 28, 2011 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $78,752.00, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and 3 of 9 • • all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims"), in any manner arising out of or incident to the performance of the Agreement, including without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnitees. 5.4 Nonwaiver of Rights Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 4 of 9 • • 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.1.3 Exhibit D-3: Additional Insured Endorsement. 6.1.4 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.1.5 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.1.6 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.1.7 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.1.8 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 5 of 9 S 6.1.9 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.2.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.2.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.2.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.3 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.4 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.4.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.4.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.4.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6 of 9 • • 6.4.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.4.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.5 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vlll unless waived in writing by City's Risk Manager. 6.6 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $ 750 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's 7 of 9 • • regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: Express Energy Services, Inc. 12570 Industry Street Garden Grove, CA 92841 Telephone: 714.650.8870 Fax: 562.989.1316 Attn: Doc Rivers, President 10. Non-Assignability: Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 8 of 9 • • 14. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 15. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 16. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: By: . L • 1 / '. Ingram, Acting Manager Name: Doc Rivers Title: President Attest: By: 40-41.,E, AL ,, i , Alb Alb Li ea Devine, City C erk . 5,d m, (l,VO4-6- Title: 5ezr2t wily -pt#fluain. Approved as to Form: By: sG�®// Quinn M. 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Limitation on Funding: The SCE 2010-2012 Third Party Implemented Program for energy efficiency ("Program") has limited funding and is offered on a first-come, first-served basis until funding is depleted or the Program is terminated, whichever occurs first. Customer understands that submission of a Program Agreement is not a guarantee of payment by SCE. nor is it a guaranty of funding availability. Upon SCE's approval of the Project Feasibility Study and execution of a Customer Agreement with SCE, funds will be reserved by SCE; however payment of any incentive will remain subject to post installation performance verification and compliance with ALL Program terms and conditions. 2. Site Access: Customer agrees to provide Consultant reasonable access to its facilities for the purpose of carrying out the Program services described herein.Customer further agrees to provide reasonable access to SCE and/or its agents or assigns or contractors and the California Public Utilities Commission("CPUC")and/or its agents or assigns for inspections. installation verification.or other Program-related purposes. In the event SCE conducts a pre- installation site inspection during the term of this Agreement.all existing equipment required to establish the Project baseline must be operating and available for inspection. 3. Eligibility: Customer acknowledges the following eligibility requirements for participation in the Program: (i) Electric service to Customer's building must be provided by SCE and Customer must pay the Public Goods Charge ("PGC") on the SCE electric meter where the energy efficient equipment is installed; (ii) Project Site must be a nonresidential facility located within SCE's service territory: (iii) Energy savings and demand reduction resulting from the prQlect must be above and beyond baseline energy performance, which include state-mandated codes, federal-mandated codes, industry-accepted performance standards or other baseline energy performance standards as determined by SCE, and specific restrictions may apply to each energy efficiency solution as outlined in the 2010-2012 Third Party Implemented Program Policies and Procedures Manual; (iv) Projects must meet all other Program requirements. terms and conditions; (v) Customer certifies that Customer will not apply or receive rebates, incentives, or services for the incentives covered by this Agreement in an amount greater than the total cost of the project or measure(s) (including labor and materials): and (vi) Customer certifies that the energy savings or demand reduction components of the projects applied for under this Program have not and will not receive any funds from any other utility, state or local program funded by the PGC surcharge. 4. Release and Use of Information: Customer authorizes SCE to release to Consultant and/or its agents Customer's contact and other SCE Customer account information, including but not limited to Customer's energy consumption data, for purposes related only to Customer's participation in the Program. Customer agrees that Consultant may use Customer's name, Program services and resulting energy-savings in reports or other documentation submitted to SCE and/or the CPUC. Customer further authorizes Consultant. SCE and/or their agents to contact Customer with regard to the initiation. performance. and/or verification of any of the terms and conditions of the applicable Program. 5. Calculation of Energy Savings: SCE will not pay incentives for any energy savings in excess of the actual annual amount of Customer's electricity usage at each SCE service account for which incentives are requested. 3-30-1010 Rer / ]'bird Party Implemented—Program Agreement Page 1 nj1 • • 6. Estimated Savings May Not Equal Actual Saving: Customer understands that all energy savings. incentives, and installed costs provided by Consultant(or SCE) pursuant to this Agreement are estimates only,and are subject to change based on SCE review and approval. and that Customer is solely responsible for the selection, purchase, installation and ownership orthe Measures,equipment and services under the Program. 7. RISK ALLOCAT ION/INDEMNITY: CUSTOMER ACKNOWLEDGES AND AGREES THAT. UNDER THIS THIRD PARTY PROGRAM, SCE WILL ONLY BE PROVIDING CUSTOMER WITH MONEY IN THE FORM OF A REBATE OR INCENTIVE PAYMENT. I UNDERSTAND THAT SCE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. REGARDING MANUFACTURERS. DEALERS. CONTRACTORS, MATERIALS OR WORKMANSHIP. OR REGARDING SELECTION OR QUALIFICATION OF CONSULTANT. I ALSO UNDERSTAND THAT SCE MAKES NO WARRANTY, EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. USE, OR APPLICATION OF THE PRODUCTS OR SOLUTIONS. I AGREE TO INDEMNIFY. DEFEND AND HOLD HARMLESS, AND HEREBY RELEASE SCE. ITS AFFILIATES. SUBSIDIARIES. PARENT COMPANY. OFFICERS. DIRECTORS. AGENTS AND EMPLOYEES OF EACH OF THEM. FROM AND AGAINST ALL CLAIMS. DEMANDS. LOSSES, DAMAGES. COSTS. EXPENSES, AND LIABILITY(LEGAL. CONTRACTUAL. OR OTHERWISE), WHICH ARISE FROM OR ARE IN ANY WAY CONNECTED WITH MY PARTICIPATION IN THE PROGRAM. 8. Termination: This Program may be suspended or terminated by SCE at any time without prior notice. By signing below. I certify that I have read, understand and agree to all the terms and conditions contained herein. Customer Nam a . Date: s as>�l fFebruary 28,2011 � eL O'er 3-30-20102m, I Third Parry Implemented—Program Agreement Page 1 of 2 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 04/20/2011 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(les)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 1-800-955-8700 CONTACT Arthur J. Gallagher & Co. Arthur J. Gallagher & Co. Insurance Brokers PHONE (949) 349-9800 FAX (999) 349-9967 of California, Inc. .INC.NO.EdI I MAR:,NO) 15 Enterprise, Ste 200 ADDRESS. PRODUCER Aliso Viejo, CA 92656 CUSTOMERIDA Chris N. Phillips INSURERL)AFFORDINGCOVERAGE NAILS INSURED INSURERA FIRST MERCURY INS CO 10657 Express Energy Services, Inc. INSURERS PRAETORIAN INS CO 137257 11278 Los Alamitos Boulevard, Suite 140 INSURERC. TOPA INS CO 18031 Loa Alamitos, G 90720 INSURER!) GRANITE STATE INS CO 23809 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 20776553 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 rPOLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR IAISRBWVD POUCY NUMBER IMMMOYDIYYYYI IMMLIDNDI YY LTR TYPE OFINBURANCE Y) UMRS A GENERAL UABIUTY X X F70/A002075 02/05/1_ 02/05/12_EACH OCCURRENCE $ 1,000,000 R COMMERCIAL GENERAL LIABILITY DAMAGE 1U HENTEO 100,000 J PREMISES(Ea occurrence) S I CLAIMS-MADE pit I OCCUR MED EXP(My one person) $ 5,000 PERSONAL INJURY f 1,000,000 I I GENERAL AGGREGATE f 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG S2,000,000 POLICY I ECO I LOC I 5 B AUTOMOBILELIABILIY X X HO1000090302 02/05/11 02/05/12 COMBINED SINGLE LIMIT f 1,000,000 (Es ecoden) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS — BODILY INJURY(Per academy $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Peramdent) S X NON'OWNED AUTOS $ S C I IUMBRELLALIAB NXI OCCUR XL66026210 02/05/11 02/05/12 EACH OCCURRENCE If 2.000,000 X EXCESSUAB I�—Ij CLAIMS-MADE AGGREGATE $ 2,000,000 DEDUCTIBLE 1 $ RETENTION $ S D WORKERSOOMPENSATION NC001630185 OZ/05/1 02/05/12 R Tana OTH- AND EMPLOYERS'LIABILITY YIN TORY UMDS I 1741-ER ANY PROPRIETOWPARTNERIEXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICERRUEMBER EXCLUDED? n NIA (Mandatory rn NH) E L DISEASE-EA EMPLOYEE/$ 1,000,000 If yes Mamba under • DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT I 51,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD IOt Addmonal Remarks Schedulq,f more sPeone rpuned) The certificate holder(s), is/are named as additional insured per the attached forma CG2037 07/04 6 CVXTSL5071 06/2005, including primary & non-contributory wording, general liability waiver of subrogation CG2404 10/93 attached, and auto additional insured PICA0592 09/07 attached, including auto waiver of subrogation, where required by written contract. Re: Energy efficiency upgrades for city facilities Certificate Holder(s) continued: The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Hall ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eighth Street, 2nd Floor AUTHORIZED REPRESENTATIVE L�(.(,�[�.G�S� Seal Reach, CA 90740-6379 /t/ fE 4 USA �Id�,� thanguy ©1988-2009 ACORD CORPORATION. All nghts reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD 20776553 • S POLICY NUMBER:H010001691 00 00 CA COMMERCIAL AUTO PI CA 05 92 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Endorsement Effective: 02/05/11 Praetorian Insurance Company Named Insured: Countersigned By Express Energy Services, Inc. (Authorized Representative) This Endorsement premium is$See Declarations If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to the endorsement. 1. BROAD FORM INSURED The following is added to A.Coverage, 1.Who Is An Insured of SECTION II-LIABILITY COVERAGE: d Any organization,other than a partnership or joint venture, over which you maintain ownership or a majority inter- est 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 or a majority interest However, coverage under this provision does not apply. 1. If there is similar insurance available to the organization; or 2. To"bodily injury"or"property damage"that occurred before you acquired or formed the organization 3. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. f. Any employee of yours while using a covered "auto"you do not own,hire,or borrow in your business or your per- sonal affairs. 2. COVERAGE EXTENSIONS—SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, sub- paragraphs(2)and(4)are amended as follows (2) Up to$3000 for cost of bail bonds(including bonds for related traffic law violations) required because of an "acci- dent"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 earnings, up to$500 a day because of time off from work. PI CA 05 92 09 07 Page 1 of 4 • • 3. FELLOW EMPLOYEE EXCLUSION SECTION II—LIABILITY COVERAGE,B. Exclusions,5.Fellow Employee is replaced by the following: "Bodily Injury"to any fellow"employee"of the"insured"arising out of and in the course of the fellow"employee's"em- ployment. However, we will cover"bodily injury"caused by your"employee"to his or her fellow"employee" if the"bod- ily injury"results from the use of a covered"auto"you own or hire 4. HIRED AUTO PHYSICAL DAMAGE&LOSS OF USE Under SECTION III-PHYSICAL DAMAGE COVERAGE: 1. Any "auto" you lease, him, 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. 2. The most we will pay for"loss"in any one accident is the lesser of: (1) $50,000;or (2) The actual cash value of the damaged or stolen property at 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 qual- ity If you are liable for the "accident', we will also pay up to $750 per "accident" for the actual loss of use to the owner of the covered"auto". 3. Our obligations 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. 4. For this coverage, the insurance provided is primary for any covered "auto" you hire without a dnver and excess over any other collectible insurance for any covered"auto"that you hire with a driver. 5. RENTAL REIMBURSEMENT Under SECTION III-PHYSICAL DAMAGE COVERAGE: We will pay for rental reimbursement expenses up to$75 per day incurred by you for the rental of an "auto" because of "loss" to a covered "auto" for up to 30 days. We will also pay up to $500 for reasonable and necessary expenses in- curred by you to remove and replace your materials and equipment from the covered"auto". If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage that amount of your rental reimbursement expenses which is not already provided under SECTION III - PHYSICAL DAMAGE COVERAGE,A.Coverage,4. Coverage Extensions. 6. CUSTOMIZED FURNISHINGS COVERAGE Under SECTION III-PHYSICAL DAMAGE COVERAGE We will pay with respect to a covered"auto"for"loss"to custom furnishings including, but not limited to 1. Special carpeting and insulation;and 2 Height—extending roofs; and 3. Custom murals, paintings,or other decals or graphics. Our limit of liability for loss to custom furnishings shall be the lesser of: PI CA 05 92 09 07 Page 2 of 4 1. Actual cash value of the stolen or damaged property;or 2. Amount necessary to repair or replace the property;or 3. $500. This coverage does not apply to electronic equipment. 7. ELECTRONIC EQUIPMENT COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE, we will pay with respect to a covered "auto"equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only 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" The most we will pay for all "loss" to audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one"loss"is the lesser of. 1. The actual cash value of the damaged or stolen property at the time of the"loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or 3. $1500. This coverage will not apply if there is other insurance provided by this policy for the above described electronic equipment. We will, however, pay any deductibles up to $300 that are applicable under the provisions of the other in- surance. 8. DUTIES IN THE EVENT OF ACCIDENT, CLAIM,SUIT, OR LOSS Under SECTION IV— BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim,Suit Or Loss, a.is amended to read: In the event of"accident", claim,"suit"or"loss",you must give us or our authorized representative prompt notice of an "accident","claim","suit", or"loss"only when the"accident,"claim, "suit", or"loss"is known to: 1. You, if you are an individual;or 2 A partner, if you are a partnership;or 3 An executive officer or the employee designated by the named insured to give such notice, if you are a corpo- ration. Include (1) How, When and where the"accident"or"loss"occurred, (2) The"insured's"name and address; and (3) To the extent possible,the names and addresses of any injured persons and witnesses. 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV—BUSINESS AUTO CONDITIONS;the following is added: Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the cov- erage afforded However,we have the right to collect additional premium for any such hazard. 10. AUTO LEASE GAP P1 CA 05 92 09 07 Page 3 of 4 • • Under SECTION III -PHYSICAL DAMAGE COVERAGE, if a long term leased "auto" is a covered "auto" and the les- sor is named as an Additional Insured—Lessor, in the event of a total"loss", we will pay our 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 "out- standing 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 over due payments, additional mileage charges, excess wear and tear charges and lease termination fees. We will not pay any administrative costs or overhead fees assessed by the finance company that has leased the cov- ered"auto"to you 11. ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT, OR PERMIT SECTION II—LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended to include as an "insured"a person or organization you may become obligated to add to this policy with respect to the operation, maintenance, or use of a covered"auto"you own if 1) You are obligated to add that person or organization, 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; and 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 12.WAIVER OF SUBROGATION We waive any right of recovery we may have against any additional insured under SECTION II— LIABILITY COVER- AGE, A. Coverage, 1. Who Is An Insured, but only as respects "loss" arising out of the operation, maintenance or use of a covered"auto"you own pursuant to the provisions of the"insured contract",written agreement,or permit.This provision does not apply unless the written contract or agreement has been executed or permit has been issued prior to the"bodily injury"or the"property damage". 13. CANCELLATION CONDITION Under Common Policy Conditions,A. Cancellation, 2.13. is replaced by the following: b.60 days before the effective date of cancellation if we cancel for any other reason. 14. GLASS—DEDUCTIBLE Under SECTION III - PHYSICAL DAMAGE COVERAGE, no deductible applies to glass damage if the glass is re- paired rather than replaced. PI CA 05 92 09 07 Page 4 of 4 • • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury," "property damage"or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. It is further agreed that such insurance as is afforded by this Policy for the benefits of an additional insured shall be primary and non-contributory. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury," "property damage" or"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications;or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury"or"property damage"occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or b. 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. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective.02/05/2011 Policy No. FMWAO02075 Endorsement No. Named Insured'Express Energy Services,Inc Countersigned by A AIL/�/t /. 44_ i CVX-GL-5071(0612005) ( uthorized Representative) / • • POLICY NUMBER. PNNA002075 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations Any person or organization, trustee, estate COMMERCIAL WORK ONLY or government entity to whom or to which the Named Insured is obligated, by virtue or written contract or agreement to provide Insurance, Such As Is Afforded By This Policy Information required to complete this Schedule, if not shown above,will be shown in the Declarations. 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". CG 20 37 07 04 ® ISO Properties,Inc.,2004 • • NAMED INSURED: Express Energy Services, Inc. POLICY NUMBER: PNNA002075 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization, trustee, estate or government entity to whom or to which the Named Insured is obligated, by virtue of written contract to provide Insurance, Such As Is Afforded By This Policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition(Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 ® Insurance Services Office,Inc.,1992 • AGENCY CUSTOMER ID: LOC 0: ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of r AGENCY NAMED INSURED Arthur T. Gallagher E Co. Insurance Brokers Express g Services, Inc. of California, Inc. Energy POUCYNUMBER 11278 Los Alamitos Boulevard, Suite 140 CARRIER NAICCODE Los Alamitos, CA 90720 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Additional Remarks ACORD 101 (2008/01) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE Page D-47 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACII has required certain insurance to be provided by Express Energy Services, Inc NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH,City Hall,211 EIGHTH STREET,SEAL BEACH,CA 90740-6379. 2. The insureds under such policy or policies are: Granite State Insurance Company 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds,as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE WC001630185 02/05/2011 02/05/2012 4 Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirty da s' advance written notice thereof has been served upon the City Clerk of the CITY OFS • : :te - _ _ Its pt trized Represen : 've Jefferey count Manager Arthur J Gallagher& Co. Insurance Brokers of CA, Inc Page D-48 EXHIBIT D-I ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY /INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY/ • I. Page D-49 • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Ex reS cn ;rice de. 1a1i It 'AIAm► ► ; • Suit-e11 +0 Name nd address of named ured("Named Inn, ed"). Los Narhltbs, 1i . 9olao Firs Mlueury Tins. O. Name and address of Ins ranee Company("Company"). OFFICIAL TITLE OF PROJECT:ENERGY EFFICIENCY UPGRADES FOR CITY FACILITIES Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now of hereafter attached thcicto,it is agreed as Billows: I. The City of Seal Beach, its elected officials, officers. attorneys. agents. employees, and volunteers are additional insureds (the above named additional insureds :tic hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy 2 The insurance coverages afforded the Additional Insureds under the Policy shall he primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall he construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e.. in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5 The insurance afforded by the Policy fni contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless pmvision(s) contained in or executed in conjunction with the written agrecment(s) or pei mit(s)designated above, between the Named Insured and the Additional Insureds. 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), of non-renewal except atler written notice to Public Agency, by certified mad, return receipt requested, not less than thirty (30) days prior to the effective date thereof In the event of Company's failure to comply with this notice provision. the policy as initially drafted will continue in full force and el feet until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and cont ibution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction.interpretation,and enforcement of this contract of insurance 9 This endorsement and all notices given hereunder shall be sent to Public Agency at: Page D-50 S City Engineer City of Seal Beach 211 8th Street,2nd Floor Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive. alicr of extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY I I. Scheduled items or locations are to he identified on an attached sheet. The following inclusions relate to the above coverages Includes: Contractual Liability Explosion Hazard Owners/Landlords/Tenants Collapse Hazard Manufacturers/Contractors Underground Property Damage Products/Completed Operations Pollution Liability Broad Form Property Damage Liquor Liability Extended Bodily Injury Broad Form Comprehensive General Liability Endorsement l2 A deductible or self-insured retention (check one) of $ applies to all coverage(s)except. (if none, so state). The deductible is applicable , per claim or : per occurrence (check one). 13 This is an occurrence or claims C)/a (check one). 14. This endorsement is effective on C7f/a 5 /i I at 12:01 A.M and forms a part of Policy Number F MW R0 Gan 5 I, Toe. Kl q (print name), hereby declare under penalty of pe0my under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof.I do so bind the Company. Executed A1�p I`l L Z r ,20 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) 'n QQ Phone No. (fl 14-) IY 50- U O i o Page D-51 • • EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY /INSERT INSURANCE CERTIIIICATE SHOWING AUTOMOBILE LIABILITY! Page D-52 • • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Exp'ress 'Ener `y/Servirec -Tho Ilaig L, sAlathdts131vdd(Suik I►i0 Nam and address of naiti insured("Named insured"). Los animas, �.90-1 do Xraei'orian Ins. e6.— %WE InsuranceServicec ealiForniaSnc. Name and address of Insurance Company("Company"): 1455 I nIt/prsrtt fFe. # I00 Satre(men , � f 158d5 OFFICIAL TITLE OF PROJECT:ENERGY EFFICIENCY UPGRADES FOR CITY FACILITIES Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: The City of Seal Beach.its elected officials.officers,attorneys.agents,employees,and volunteers are additional insureds(the above named additional insureds are herealter referred to as the"Additional Insutedti")under the Policy in relation to those activities described genetally above with regard to operations performed by of on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. I. The insurance coverages affoided the Additional Insuieds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insuieds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made of suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy All such claims shall covered as third-party claims, i e.. in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agieement(s)or permit(s) designated above. between the Named Insured and the Additional Insureds. 5 The policy to which this endorsement is attached shall not be subject to cancellation. change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except alter written notice to Public Agency, by certified mail, return receipt requested. not less than thirty (30) clays poor to the effective date thereto. In the event of Company's failure to comply with this notice provision. the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6 Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds It is hereby agreed that the laws of the State of California shall apply to and govern the validity. construction,interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street,2"Floor Seal Beach CA 90740 Page D-53 • • 7. Except as stated above and not in conflict with this endorsement,nothing contained herein shall he held to waive,alter or extend any of the limits,agreements,of exclusions of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY Scheduled items or locations are to he identified on an attached sheet. The following inclusions relate to the above coverages. Includes. Any Automobiles Truckers Coverage All Owned Automobiles Motor Carrier Act Non-owned Automobiles Bus Regulatory Reform Act Hired Automobiles Public Livery Coverage Scheduled Automobiles Garage Coverage I I. A deductible or self-insured retention (check one) of$ applies to all coverage(s)except: (if none,so state). The deductible is applicable per claim or per occurrence(check one). 12 This is an occurrence or claims made policy(check one). 13. This end seme t is effective n a /s I at 12:01 A.M. and forms a part of Policy Number . I. eJ `r gt I'S (print name), hereby declare under penalty of perjury under the laws of the State of California.that I have the authority to bind the Company to this endorsement and that by my execution hereof. I do so bind the Company. Executed .) L 2f`TN .20 ( l Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: 1lif) La 50- 8810 Page D-54 • • EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT INNSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY] Page D-55 • • EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS Page D-56 • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 1773.8, 1775,1776, 1777.5, 1813, 1860, 1861,371)0] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7. Chapter I (commencing with Section 1720)of the California Labor Code relating to public works and the awai ding public agency("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2 Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages The Contractor shall,as a penalty to the Agency, forfeit not more than fifty dollars($50) for each calendar day, or portion thereof. for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4 Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (I) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records.The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractor s. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours The Contractor shall.as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2.Part 7.Chapter I.Article 3 of the California Labor Code. 7 California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of thi s contract." fJ Date l/L 125/ I Signaturrt Page 0-57 I t INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: ENERGY EFFICIENCY UPGRADES FOR CITY FACILITIES Indemnitor(s) (list all names): P c �N�� I �44 e-19, , 4C _ To the fullest extent permitted by law. Indemnitoi hcrcby agrees, at its sole cost and expense. to defend, protect. indemnify. and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents. employees. volunteets. successors, and assigns (collectively "Indemnitees") from and against any and all damages. costs, expenses, liabilities. claims, demands, causes of action. proceedings. expenses, judgments. penalties. liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of. in connection with, resulting from, or related to any act. failure to act, error. of omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors. materialmen, suppliers or their officers. agents, servants or employees.arising or claimed to arise,directly or indirectly. out of. in connection with, resulting from, or related to the above-referenced contract. agreement, license. or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant. or condition of the Agreement. including this indemnity provision. This Indemnity provision is effective regardless of any prior. concurrent. or subsequent active of passive negligence by Indemnitees and shall operate to fully indemnity Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indennitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incuned in enforcing this indemnification provision Notwithstanding the foregoing. nothing in this instrument shall be construed to encompass(a) Indemnitees'sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code§2782(a)or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemntor,on behalf of itself and all parties claiming under or through it. hereby waives all rights of subrogation and contribution against the Indemnitees,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior,concurrent. or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities. covenants and conditions under this instrument shall be joint and several. "Indem I Name CO /��t ,�L Name By. C C O //-4c3/o[�Nr By: Its Its Page D-58