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HomeMy WebLinkAboutJ&G INDUSTRIES INC.INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES II . 1. 2 CLERK OF COUNCIL DATE: A-2022-065-01 MAY 2 6 20; GR .MENT WITH J&G INDUSTRIES, INC., TO PROVIDE ON -CALL DEMOLITION n X SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 3 s day of May, 2022 by and between J&G Industries, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On January 13, 2022, the City issued Request for Proposal No. 22-007, by which it sought a qualified contractor to provide on -call demolition services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-007. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 22-007, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of four (4) contractors selected to provide demolition services on an on -call basis under RFP 22-007. The total compensation for these services provided by all such contractors selected under RFP 22-007 shall not exceed the shared aggregate amount of Two Million Dollars and Zero Cents ($2,000,000) during the tern of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on April 14, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two (2) one-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire teen of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an eraployer-enlployce relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contactor under this Agreement ("Documents & Data"). Contractor shall require aft subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CO 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO .Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4, Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor, Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations, General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it, 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4, 'Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance, Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:'VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided_ for at least five (5) years after completion of the contract of'work. iii. If coverage is canceled or non -renewed, and not replaced with another claims-rsade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum offive (5) years after completion of work. 8, Verifleation of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Cityreserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. S. INDEMNIFICATION Contractor agrees to defend, and shall indenmify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, bold harmless, and pay all costs for the defense of the City, including fees and costs for special Counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willfiil misconduct of the Contractor. 9, INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement, All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City, 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement, Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the setvioes which are the subject to this Agreement performed by City personnel or by other contactors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following condltlo= a. As a condition of such payment, the Executive Director may require Contactor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy, No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 To Contractor: James K. Cain, President J&G Industries, Inc. 18627 Brookhurst Sttreet, PMB 302 Fountain Valley, CA 92708 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez ••' Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney i 2 By: f �-- Brdrr on Salvatierra Deputy City Attorney FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager J&G INDUSTRIES, INC.: r L��# Prdent Digita l ly signed by Torl Pierson Tori Pierson �ate:2022.05.1815:53:41 ,z9,00RDI CERTIFICATE of LIABILITY INSURANCE -DATE(MMMDmvY) `4._ " - 5/1712022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CHOLDER. THIS ERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED TE THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER Phone: (707 996.2912 Fox; (707 &7912 Apollo General Insurance Agency, Ins. (I)Exit P. O. Box 1508 Sonoma, California 95476 coNEA T 7erilee Carpenter PHONE FAX o e.MAleae: jerileec®apgon.com INSURER S AFFOROING COVERAGE NAICN INSURERA: TokloMarine Specialty lnsuranceCompany 23850 INSURED INSURER D: State Cora ensalion Insmunce Fund Of California 35076 J&G Industries, Inc. 18627 Brockhurst Street PMB 302 INSURER C I Westchester Surplus Linea Insurance Company 16172 INSURER or INSURER E: Fountain Valley, CA 92708 INSURER F: COVERAGES CERTIFICATF NI IMRFR-1202 eso nc., THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N ILTR TYPE OF INSURANCE ADDI SUBF OLICY NU BE POLIICYEFF II/l/2021 PMlDO II/l/2022 LIMITS A ✓ COMMERCIAL GENERAL LIABILITY CLAIMS OCCUR PPK2344578 EACHOCCURRENCE $ 1,000,000 RE T -MADE e $ 00,00 MEDFXP An one rarm $ ✓ Y PERSONAL&ADVINJURY 3 1,000,000 LIMITAPPLIES PER: POUCY ✓❑ PEQ GENEMLAGGREGATE $ 2,000,000 GENLAGGREGATE PRODUCTS-COMP/OP AGO $ 2,000,000 too $ OTHER: AUTOMOalLELIABILITY COMBINEDSINGLE L e ldera $ ANY AUTO BODILY INJURY (Par Person) $ OWNED SCHEDULED AUTOS ONLY pU�os eOOILY INJURY (Per emldant) $ MCA ONLY AUTO ONLY ecel e I erED awl oil $ A UMSRELLAUAB ✓ OCCUR PUB791516 11/1/2021 11/1/2022 EACHOCCURRENCE $ $,000,000 ✓ EXCESS LIAB CLAIMS -MADE nccREcnrE $ 5,000,000 BED I I RETENTION $ ✓ Y B WORKERS COMPENSATION Y/N AND EMPLOYERS' LIABILITY 0802847-202I 10/1/2021 10/1/2022 ✓ STgT SIT E,L. EACH ACCIDENT $ 1,000,000 ANYPROPRIETOWPARTNEMEXECUTIVE OFFICERIMEMBEREXCLUDED? NIA Y E.L. DISEASE-FAEMPLOYEE $ 1,000,000 IMendd se in NHl fffyyes desedbe under E.L. DISEASEPOLICYLIMIT $ 1,000,000 OE3GI PnON OF OPERATIONS bela C Pollution Liability ✓ Y G7359319Ao01 11/1/2021 11/1/2022 Sees Coaaiaos: 5,000,000 Cxnasl Aru ,a 5,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Addlllonal Remarks Sohedulo, maybe attached it more spaoo is required) Re: Operations of the Named Insured. City of Santa Ana is hereby named as Additional Insured, if required by written contract, per endorsement hereto. Waiver of Subrogation is provided, as required by written contract with the insured as respects coverage evidenced herein. Coverage evidenced herein is primary and non-contributory. Excess is follow form to the underlying General Liability, Commercial Auto and Workers Compensation Coverage listed. A 30-day written notice shall be mailed to the Certificate holder at the address provided herein, should a described policy(s) be cancelled before the expiration date thereof] ID -Clay notice for non-payment of premium. Holder's Nature of Interest: Additional Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Banta Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZEDSEPy6SENTATIVE Santa Ana, CA 92701 ©1888-2016ACOR OI ,ia4d ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD Riskhtnaaem'»CCimelAida POLICY NUMBER: PPK2344578 COMMERCIAL GENERAL LIABILITY CG 20 12 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART State Or Governmental Agency Or Subdivision Or Political Subdivision; AS REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE". Informationrequiredto complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to Include as an additional Insured any state or governmental agency or subdivislon or political subdivislon shown In the Schedule, subject to the following provisions: 1. This Insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional Insured only applies to the extent permitted by law; and b. If coverage provided to the additional Insured Is required by a contract or agreement, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. 2. This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising Injury" arising out of operations performed for the federal government, state or municipality; or b. 'Bodily Injury" or "property damage" Included within the "products -completed operations hazard'. B. With respect to the Insurance afforded to these additional Insureds, the following Is added to Section iII — Limits Of Insurance: If coverage provided to the additional Insured Is required by a contract or agreement, the most we will pay on behalf of the additional Insured Is the amount of Insurance: 1. Required by the contractor agreement; or 2. Available under the applicable limits of Insurance; whichever Is less. This endorsement shall not Increase the applicable limits of insurance. CG 20 1212 19 © Insurance Services Office, Inc., 2018 POLICY NUMBER: PPK2344678 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED,- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION . This endorsement modifies Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations AS REQUIRED BY WRITTEN ALL LOCATIONS. CONTRACT PRIOR TO AN "OCCURRENCE". Information required to complete this Schedule If not shown above, will be shown In the Declarations. A. 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", "property damage" or "personal and advertising Injury" caused, in, whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissionsof those acting on your behalf; In the performance of your ongoing operations for the additional Insured(s) at the location(s) designated above. However: 1. The Insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is required by a contract or agreement, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. S. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply: This Insurance does not apply to "bodily Injury" or "property damage" occurring after: 1, 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 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. CG 2010 04 13 © Insurance Services Office, Inc., 2012 RIM C. With respect to the Insurance afforded to these additional insureds, the following Is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever Is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 POLICY NUMBER: PPK2344578 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Descri tiori Of Completed Operations AS REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE". ALL LOCATIONS. Information required to complete this Schedule, If not shown above will be shown in the Declarations. A. Section II — Who Is An Insured Is amended to B. With respect to the Insurance afforded to these Include as an additional Insured the person(s) or additional insureds, the following Is added to organization(s) shown in the Schedule, but only with Section III — Limits Of Insurance: respect to liability for "bodily Injury" or "property "your If coverage provided to the additional Insured Is damage" caused, in whole or In part, by work" required by a contract or agreement, the mostwe at the location designated and described in the will pay on behalf of the additional Insured is the Schedule of this endorsement performed for that amount of insurance: additional: insured and included In the "products - completed operations hazard". 1. Required by the contract or agreement; or However: 2, Available under the - applicable Limits of 1. The Insurance afforded to such additional Insured Insurance shown In the Declarations; only applies to the extent permitted by law; and whichever Is less. 2. If coverage provided to the additional Insured is This endorsement shall not increase the required by a contractor agreement, the Insurance applicable Limits of Insurance shown In the afforded to such additional Insured will not be Declarations, broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 © Insurance Services Office, Inc„ 2012 POLICY. NUMBER: PPK2344578 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organizatlon(s): AS REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE". The following Is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of 'recovery against the person(s) or organizatlon(s) shown In the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the Insured has waived Its right of recovery against such parson(s) or organizatlon(s) prior to loss. This endorsement applies only to the . person(s) or organizatlon(s) shown In the Schedule above, k CG 24 0412 19 0 Insurance Services Office, Inc., 2018 Policy # PPK2344578 PIC-GLN-020 (10/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modlfles Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.Other Insurance, and all subparts thereof, as contained In the policy Is deleted In Its entirely and replaced with the following condition: 4. Otherinsurance If all of the other Insurance permits contribution by equal shares, we will follow this method unless the Insured Is required by written contract signed by both parties, to provide Insurance that Is primary and noncontributory, and the "Insured contract" Is executed prior to any loss. Where required by a written contract signed by both partles,,this Insurance will be primary and non-contributing only when and to the extent as required by that contract. However, under the contributory approach each insurer contributes equal amounts until It has paid Its applicable limit of insurance or none of the loss remains, whichever comes first, If any of the other Insurance does not permit contributory by equal shares, we will contribute by limits. Under this method, each Insurer's share Is based on the ratio of its applicable limit If Insurance to the total applicable limits of Insurance of all Insurers. All other terms, conditions and exclusions under the policy are applicable to this endorsement and remain unchanged. 4�lrr 1 POLICY NUMBER: PUB791516 PIC-EXS-002 (01/20) NEW BUSINESS: A COVERAGE IS PROVIDED BY: Toklo Marine Specialty Insurance Company TOKIC3MMNl Apollo General Insurance Agency, Inc. Si'EEKETY PO Box 1608 One Bala Plaza, Suite 100 Sonoma CA 96476 1608 Bala Cynwyd, PA 19004 NAMED INSURED: J&G Industries Inc. MAILING ADDRESS: 18627 Brookhurst St Fountain Valley CA 92708 6748 POLICY PERIOD: FROM 11/1/2021 TO 11/1/2022 AT 12:01 A.M. STANDARD IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. EACH OCCURRENCE LIMIT (LIABILITY COVERAGE) $ 5,000 000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT $ 5,000,000 GENERAL AGGREGATE LIMIT (LIABILITY COVERAGE) (except with respect to Auto Liability and Products Completed Operations) $ 6,000,000 PREMIUM SUBTOTAL INSURANCE PROCESSING FEE PREMIUM TOTAL (Including Taxes, Fees, Surcharges) $ Y 1 ❑ MONTHL' PIC-EXS-002 (01/20) Page 1 of 3s Includes copyrighted material of Insurance Services Office, Inc., with perm 4 RakN.vugtmcntOmaiNde POLICY NUMBER: PUB791616 PIC-EXS•002 (01/20) NEW BUSINESS: SCHEDULE OF CONTROLLING UNDERLYING INSURANCE INDocurrence 17 Clalms-Made rLlability Defense: ❑ Inside the Limits © outside the Limits oklo Marine Speciality Insurance PK2344678 /1/2021 to 11/1/2022 Minimum Applicable Limits: General Aggregate $ 2,000,000 Products -Completed Operations Aggregate $ 2,000,000 Personal And Advertising Injury $ _1,000,000 Each Occurrence $ 1,000,000 Commercial Auto Liability Company: integon National Insurance Company Policy Number: 2010543587 Policy Period: 11/01/2021 to 11/0112022 Minimum Applicable Limits Combined Single Limits $ 11000,000 Employers' Liability Company: State Compensation Insurance Fund of California Policy Number: 0802847-2021 Policy Period: 10/01/2021 to 10/01/2022 Minimum Applicable Limits: Bodily Injury by accident $ 1,000,000 Each Accident Bodily Injury by disease $ 11000,000 Each Employee Bodily Injury by disease $ 1,000,000 Policy Limit �ncoc uGl'6H![H I jGNS, OGE FiFk VVI 111 THE COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. PIC-EXS-002 (01/20) Page 3 of 3 w"�° Includes copyrighted material of Insurance Services Office, Inc., with permissi flSkRWN9i^IneMfiMtelA(de ENDORSEMENT AGREEMENT WAIVER OF 'SUBROGATION BLANKET BASIS HOME OFFICE SAN FRANCISCO EFFECTIVE OCTOBER 1, 2020 AT 12.01 A.M. AND EXPIRING OCTOBER . 1, 2021 AT 12.01 A,M. ALLEFFECTIVE DATESARE ' AT 12:01. AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME J&G INDUSTRIES, INC. 7511 SUZI LN WESTMINSTER, CA 92683 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. - THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.009 OF THE 'TOTAL POLICY PREMIUM, SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION SLANKET WAIVER OF FOR WHOM THE, NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER 802847-20 RENEWAL NA 3-60-90-75 PAGE 1 OF NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AOREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. 1 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO; SEPTEMBER 28, 2020 �//� �� � h{a,rFenmHDfihtat AUTHORIZED REPRESENT IVE PRESIDENT AND CEO "i1x1 SCIF FORM 10217 IREVA-2014 - RnkgA.tM1igCnrntCIMtl�Pide .4c R5-1 CERTIFICATE OF LIABILITY INSURANCE 11/16/21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NUGEN & ASSOCIATES INSURANCE SERVICE INC 10722 Arrow Route #116[Affle. CONT CI PHONE FAX 909-941-0167 AICNaLic.#OC17304 ADDRESS: Rancho Cucamonga, CA 91730 INSURERIS) AFFORDING COVERAGE NAICN # OC173O4 INSURERA:INTEGON NATIONAL INSURANCE COMPANY 29742 INSURED J & G INDUSTRIES, INC. JAMES K CAIN 7511 SUZI LANE INSURER B: THE OHIO CASULA Y INSURANCE COMPANY 24074 INSURERC: I INSURERD: WESTMINSTER, CA 92683 714 903-2002 INSURER E: INSURER F: COVERAGES CERTIFICATF NIIMRFR- oclnn,r.0 s THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTN TYPE OF INSURANCE ADDLISU INED R VIVO POLICY NUMBER MM%OD/YYYY MWDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE '— $ �I u OCCUR -UAPAGCLAIMS-MADE PREMISES fET EO aEoccurrDence $ MED E_XP ?Any one person) $ PERSONAL& ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑PRO- LOC PRODUCTS - COMPIOP AGG $ JECT $ OTHER: AUTOMOBILE LIABILITY Ee acddanl $1, OOOr000. 00 ][ AN'AUTO NY SCHEDULED 2010543587 11/01/2111/01/22 BODILY INJURY (per person) —$ — A AUTOS ONLYNXAUTOS Y Y BODILY INJURY (Per accident) $ X ED NON -OWNED A Per accident $ AUTOS ONLY AUTOS ONLY UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DIED I I RETENTION$ a WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN STATUTE I I ER E.L. EACH ACCIDENT $ ANY PROPRIETOMPARTNERIEXECUTIVE OFFICERINEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYE S (Mandetery In NHI If es,descdbe under E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS below B EQUIPMENT FLOATER BMO(22)62157329 11/01/21 11/01/22 SCHEDULED $2,022,000. DEDUCTIBLE 2% LEASED/RENTED $ 750,000. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if more space Is required) A-2017-036,J&G AGMT AND A-2014-183 J&G AMU, CITY OF SANTA ANA HAS BEEN REQUESTED TO BE NAMED AS ADDITIONAL INSURED AND WAIVER OF SUBROGATION IN RESPECT TO THE AUTO LIABILITY HOLDERS NATURE OF INTEREST: �� CITY OF SANTA ANA SHOULD ANY OFT DATE E ABI RISK MANTHE EXPIRATI MANAGEMENT DIVISION ACOORDANC ITr 1 20 CIVIC CENTER PLAZA PO BOX 1988 AUTHORIZED R RES NTATIVE SANTA ANA CA 92702 1988-20id ACORD25(2016103) The ACORD name and logo are registered marks of ACORD DESCRIBED POUCIL$ BE CANCELLED IEREOF, NOTICE WILL BE DELIVE I'iY'' IiRt!R ice, , t' rn vut j