Agenda packet — Carson City Council, August 4, 2026 (part 2 of 3)

If an "employee's" personal insurance also applies
on an excess basis to a covered "auto" hired or
rented by your "employee" on your behalf and at
your direction, this insurance will be primary to the
"employee's" personal insurance.

3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".

Coverage is excess over any other collectible
insurance.

4. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any "auto"
you own, then the Physical Damage Coverages
provided are extended to "autos" you hire or
borrow, subject to the following limit.

The most we will pay for "loss" to any hired "auto"
is:
(1) $100,000;
(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,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that coverage.

No deductible applies to "loss" caused by fire or
lightning. Hired Auto Physical Damage coverage
is excess over any other collectible insurance.

Subject to the above limit, deductible and excess
provisions, we will provide coverage equal to the
broadest coverage applicable to any covered
"auto" you own.

We will also cover loss of use of the hired "auto" if
it results from an "accident", you are legally liable
and the lessor incurs an actual financial loss,
subject to a maximum of $1000 per "accident".

This extension of coverage does not apply to any
"auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.

5. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.

6. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges resulting
from overdue payments; additional mileage
charges; excess wear and tear charges; lease
termination fees; security deposits not returned by
the lessor; costs for extended warranties, credit
life Insurance, health, accident or disability
insurance purchased with the loan or lease; and
carry-over balances from previous loans or
leases.

7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

8. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
(3) An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section III - Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:

F o r mH A9 97 50 32 0 Page 3 of 5
$1,500 is the most we will pay for "loss" in any
one "accident" to all electronic equipment
(other than equipment designed solely for the
reproduction of sound, and accessories used
with such equipment) that reproduces,
receives or transmits audio, visual or data
signals which, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250, whichever
deductible is less.

9. EXTRA EXPENSE - BROADENED COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.

10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.

11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

If another Hartford Financial Services Group, Inc.
company policy or coverage form that is not an
automobile policy or coverage form applies to the
same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by the
amount of the smaller (or smallest)
deductible.

12. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT OF ACCIDENT,
CLAIM, SUIT OR LOSS - of SECTION IV -
BUSINESS AUTO CONDITIONS that you must
notify us of an "accident" applies only when the
"accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.

13. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage Form
because of such failure.

14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY - of

SECTION IV - BUSINESS AUTO CONDITIONS
is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

15. WAIVER OF SUBROGATION

TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:

We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damages
under this Coverage Form.

16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies except
as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver to
the first Named Insured written notice of

Page 4 of 5 ends

cancellation at least 60 days before the effective
date of cancellation.

18. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical Damage
Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%, to
a maximum of $2,500, of the "non-hybrid"
auto's actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.

For the purposes of the coverage provision,
a. A "non-hybrid" auto is defined as an auto
that uses only an internal combustion engine.
to move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the "auto",
we will pay up to $5,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $15,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

F o r mH A9 97 50 32 0 Page 5 of 5
HG 00 01 09 16 Page 1 of 21
© 2016 The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine rights,
duties and what is and is not covered.

Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the
Declarations, and any other person or organization
qualifying as a Named Insured under this policy. The
words "we", "us" and "our" refer to the stock
insurance company member of The Hartford
providing this insurance.

The word "insured" means any person or
organization qualifying as such under Section II -
Who Is An Insured.

Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.

SECTION I - COVERAGES

COVERAGE A BODILY INJURY AND PROPERTY

DAMAGE LIABILITY

1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property
damage" to which this insurance applies. We
will have the right and duty to defend the
insured against any "suit" seeking those
damages. However, we will have no duty to
defend the insured against any "suit" seeking
damages for "bodily injury" or "property
damage" to which this insurance does not
apply. We may, at our discretion, investigate
any "occurrence" and settle any claim or "suit"
that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III - Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments - Coverages A and B.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II -W h oI s
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the
"bodily injury" or "property damage" had
occurred, in whole or in part. If such a
listed insured or authorized "employee"
knew, prior to the policy period, that the
"bodily injury" or "property damage"
occurred, then any continuation, change
or resumption of such "bodily injury" or
"property damage" during or after the
policy period will be deemed to have been
known prior to the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section II
- Who Is An Insured or any "employee"
authorized by you to give or receive notice of
an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice And Good
Samaritan Coverage
"Bodily injury" arising out of the rendering of
or failure to render the following health care
services by any "employee" or "volunteer
worker" shall be deemed to be caused by an
"occurrence" for:

Policy: 72UUNOL1682

Page 2 of 21 ends

(1) Professional health care services such as:
(a) Medical, surgical, dental, laboratory, x-
ray or nursing services or treatment,
advice or instruction, or the related
furnishing of food or beverages;
(b) Any health or therapeutic service,
treatment, advice or instruction; or
(c) The furnishing or dispensing of drugs
or medical, dental, or surgical supplies
or appliances; or
(2) First aid services, which include:
(a) Cardiopulmonary resuscitation,
whether performed manually or with a
defibrillator; or
(b) Services performed as a Good
Samaritan.

For the purpose of determining the limits of
insurance, any act or omission together with
all related acts or omissions in the furnishing
of these services to any one person will be
considered one "occurrence".

However, this Incidental Medical Malpractice
And Good Samaritan Coverage provision
applies only if you are not engaged in the
business or occupation of providing any of the
services described in this provision.

2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the
insured. This exclusion does not apply to
"bodily injury" or "property damage" resulting
from the use of reasonable force to protect
persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages:
(1) That the insured would have in the
absence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an "insured contract", provided the
"bodily injury" or "property damage"
occurs subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability assumed in an
"insured contract", reasonable attorney
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "bodily injury" or "property
damage", provided:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contract"; and
(b) Such attorney fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which
damages to which this insurance
applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodily
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.

However, this exclusion applies only if you
are in the business of manufacturing,
distributing, selling, serving or furnishing
alcoholic beverages. For the purposes of this
exclusion, permitting a person to bring
alcoholic beverages on your premises, for
consumption on your premises, whether or
not a fee is charged or a license is required
for such activity, is not by itself considered the
business of selling, serving or furnishing
alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:

HG 00 01 09 16 Page 3 of 21
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.

This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.

This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of
"pollutants":
(a) At or from any premises, site or
location which is or was at any time
owned or occupied by, or rented or
loaned to, any insured. However, this
subparagraph does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by
or originating from equipment that
is used to heat, cool or dehumidify
the building, or equipment that is
used to heat water for personal
use, by the building's occupants or
their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional
insured at that premises, site or
location and such premises, site or
location is not and never was
owned or occupied by, or rented or
loaned to, any insured, other than
that additional insured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or
location which is or was at any time
used by or for any insured or others for
the handling, storage, disposal,
processing or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the
"pollutants" are brought on or to the
premises, site or location in connection
with such operations by such insured,
contractor or subcontractor. However,
this subparagraph does not apply to:
(i) "Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape
from a vehicle part designed to
hold, store or receive them. This
exception does not apply if the
"bodily injury" or "property damage"
arises out of the intentional
discharge, dispersal or release of
the fuels, lubricants or other
operating fluids, or if such fuels,
lubricants or other operating fluids
are brought on or to the premises,
site or location with the intent that
they be discharged, dispersed or
released as part of the operations
being performed by such insured,
contractor or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
f u m e so rv a p o r sf r o mm a t e r i a l s
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the

Page 4 of 21 ends

operations are to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants".
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of, "pollutants".

However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in
the absence of such request, demand,
order or statutory or regulatory
requirement, or such claim or "suit" by or
on behalf of a governmental authority.
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".

This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons for a
charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance
or use of aircraft or watercraft;
(5) "Bodily injury" or "property damage"
arising out of:
(a) The operation of machinery or
equipment that is attached to, or part
of, a land vehicle that would qualify
under the definition of "mobile
equipment" if it were not subject to a
compulsory or financial responsibility
law or other motor vehicle insurance
law where it is licensed or principally
garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this exception
does not apply if the insured has any other
insurance for such "bodily injury" or
"property damage", whether the other
insurance is primary, excess, contingent
or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising
out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed,
demolition, or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy,
including any costs or expenses incurred
by you, or any other person, organization
or entity, for repair, replacement,
HG 00 01 09 16 Page 5 of 21
enhancement, restoration or maintenance
of such property for any reason, including
prevention of injury to a person or damage
to another's property;
(2) Premises you sell, give away or abandon,
if the "property damage" arises out of any
part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors
working directly or indirectly on your behalf
are performing operations, if the "property
damage" arises out of those operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.

Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage" (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III - Limits Of Insurance.

Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were
never occupied, rented or held for rental by
you.

Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" arising from
the use of elevators.

Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.

Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to borrowed
equipment while not being used to perform
operations at the job site.

Paragraph (6) of this exclusion does not apply
to "property damage" included in the
"products-completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising
out of it or any part of it.
l. Damage To Your Work
"Property damage" to "your work" arising out
of it or any part of it and included in the
"products-completed operations hazard".

This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.

This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to "your
product" or "your work" after it has been put
to its intended use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1)
"Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by
any person or organization because of a
known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Access or Disclosure Of Confidential Or
Personal Information And Data-related
Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information, credit
card information, health information or any
other type of nonpublic information; or
(2) The loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate electronic data.

This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of that which is described in
Paragraph (1) or (2) above.

Page 6 of 21 ends

However, unless Paragraph (1) above
applies, this exclusion does not apply to
damages because of "bodily injury".

As used in this exclusion, electronic data
means information, facts or programs stored
as or on, created or used on, or transmitted to
or from computer software, including systems
and applications software, hard or floppy
disks, CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
q. Employment-Related Practices
"Bodily injury" to:
(1) A person arising out of any "employment-
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of "bodily
injury" to that person at whom any
"employment-related practices" are
directed.

This exclusion applies:
(1) Whether the injury-causing event
described in the definition of "employment-
related practices" occurs before
employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
r. Asbestos
(1) "Bodily injury" or "property damage"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
s. Recording And Distribution Of Material Or
Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.

Damage To Premises Rented To You -
Exception For Damage By Fire, Lightning Or
Explosion
Exclusions c. through h. and j. through n. do not
apply to damage by fire, lightning or explosion to
premises while rented to you or temporarily
occupied by you with permission of the owner. A
separate limit of insurance applies to this
coverage as described in Section III - Limits Of
Insurance.

COVERAGE B PERSONAL AND ADVERTISING

INJURY LIABILITY

1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury"
to which this insurance applies. We will have
the right and duty to defend the insured
against any "suit" seeking those damages.

However, we will have no duty to defend the
insured against any "suit" seeking damages
for "personal and advertising injury" to which
this insurance does not apply. We may, at our
discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III - Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
HG 00 01 09 16 Page 7 of 21
settlements under Coverages A or B or
medical expenses under Coverage C.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments - Coverages A and B.
b. This insurance applies to "personal and
advertising injury" caused by an offense
arising out of your business but only if the
offense was committed in the "coverage
territory" during the policy period.

2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" arising out of
an offense committed by, at the direction or
with the consent or acquiescence of the
insured with the expectation of inflicting
"personal and advertising injury".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material, if done by or at the
direction of the insured with knowledge of its
falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material whose first publication
took place before the beginning of the policy
period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to
liability for damages that the insured would
have in the absence of the contract or
agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of a
breach of contract, except an implied contract to
use another's "advertising idea" in your
"advertisement".
g. Quality Or Performance Of Goods - Failure
To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or
performance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services.
i. Infringement Of Intellectual Property
Rights
(1) "Personal and advertising injury" arising
out of any actual or alleged infringement
or violation of any intellectual property
rights such as copyright, patent,
trademark, trade name, trade secret, trade
dress, service mark or other designation
of origin or authenticity; or
(2) Any injury or damage alleged in any clam
or "suit" that also alleges an infringement
or violation of any intellectual property
right, whether such allegation of
infringement or violation is made by you or
by any other party involved in the claim or
"suit", regardless of whether this
insurance would otherwise apply.

However, this exclusion does not apply if the
only allegation in the claim or "suit" involving
any intellectual property right is limited to:
(1) Infringement, in your "advertisement", of:
(a) Copyright;
(b) Slogan; or
(c) Title of any literary or artistic work; or
(2) Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement".
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed
by an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
(3) An Internet search, access, content or
service provider.

However, this exclusion does not apply to
Paragraphs a., b. and c. of the definition of
"personal and advertising injury" under the
Definitions Section.

For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the

Page 8 of 21 ends

insured hosts, owns, or over which the
insured exercises control.
l. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatags, or any other similar tactics to
mislead another's potential customers.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
n. Pollution-Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Internet Advertisements And Content Of
Others
"Personal and advertising injury" arising out
of:
(1) An "advertisement" for others on your web
site;
(2) Placing a link to a web site of others on
your web site;
(3) Content, including information, sounds,
text, graphics, or images from a web site
of others displayed within a frame or
border on your web site; or
(4) Computer code, software or programming
used to enable:
(a) Your web site; or
(b) The presentation or functionality of an
"advertisement" or other content on
your web site.
q. Right Of Privacy Created By Statute
"Personal and advertising injury" arising out of
the violation of a person's right of privacy
created by any state or federal act.

However, this exclusion does not apply to
liability for damages that the insured would
have in the absence of such state or federal
act.
r. Violation Of Anti-Trust law
"Personal and advertising injury" arising out of
a violation of any anti-trust law.
s. Securities
"Personal and advertising injury" arising out of
the fluctuation in price or value of any stocks,
bonds or other securities.
t. Recording And Distribution Of Material Or
Information In Violation Of Law
"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.
u. Employment-Related Practices
"Personal and advertising injury" to:
(1) A person arising out of any "employment-
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of
"personal and advertising injury" to that
person at whom any "employment-related
practices" are directed.

HG 00 01 09 16 Page 9 of 21
This exclusion applies:
(1) Whether the injury-causing event
described in the definition of "employment-
related practices" occurs before
employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
v. Asbestos
(1) "Personal and advertising injury" arising
out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
w. Access Or Disclosure Of Confidential Or
Personal Information
"Personal and advertising injury" arising out of
any access to or disclosure of any person's or
organization's confidential or personal
information, including patents, trade secrets,
processing methods, customer lists, financial
information, credit card information, health
information or any other type of nonpublic
information.

This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of any access to or disclosure of
any person's or organization's confidential or
personal information.

COVERAGE C MEDICAL PAYMENTS

1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage
territory" and during the policy period;
(2) The expenses are incurred and reported
to us within three years of the date of the
accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral services.

2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers Compensation And Similar Laws
To a person, whether or not an "employee" of
any insured, if benefits for the "bodily injury" are
payable or must be provided under a workers'
compensation or disability benefits law or a
similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports, or athletic
contests.

Page 10 of 21 ends

f. Products-Completed Operations Hazard
Included within the "products-completed
operations hazard".
g. Coverage A Exclusions
Excluded under Coverage A.

SUPPLEMENTARY PAYMENTS - COVERAGES

A AND B

1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $1,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.

We do not have to furnish these bonds.
c. The cost of appeal bonds or bonds to release
attachments, but only for bond amounts
within the applicable limit of insurance. We do
not have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $500 a
day because of time off from work.
e. All court costs taxed against the insured in
the "suit". However, such costs do not
include attorneys' fees, attorneys' expenses,
witness or expert fees, or any other expenses
of a party taxed to the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment
that is within the applicable limit of insurance.

These payments will not reduce the limits of
insurance.

2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a
party to the "suit", we will defend that indemnitee
if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the
information we know about the "occurrence"
are such that no conflict appears to exist
between the interests of the insured and the
interests of the indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend
the insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose
coverage is available to the
indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable
insurance available to the indemnitee;
and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".

So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee, necessary litigation expenses
incurred by us and necessary litigation expenses
incurred by the indemnitee at our request will be
paid as Supplementary Payments.

Notwithstanding the provisions of Paragraph

2.b.(2) of Section I -C o v e r a g eA -B o d i l yI n j u r y And Property Damage Liability, such payments
will not be deemed to be damages for "bodily
injury" and "property damage" and will not reduce
the limits of insurance.

Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments or
settlements; or
b. The conditions set forth above, or the terms of
the agreement described in Paragraph f.
above, are no longer met.

HG 00 01 09 16 Page 11 of 21

SECTION II - WHO IS AN INSURED

1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole
owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds, but
only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are
an insured. Your "executive officers" and
directors are insureds, but only with respect to
their duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.

2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you are
an organization other than a partnership, joint
venture or limited liability company) or your
managers (if you are a limited liability
company), but only for acts within the scope
of their employment by you or while
performing duties related to the conduct of
your business.

However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other "volunteer
workers" while performing duties
related to the conduct of your
business;
(b) To the spouse, child, parent, brother or
sister of that co-"employee" or that
"volunteer worker" as a consequence
of Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because
of the injury described in Paragraphs
(1)(a) or (1)(b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.

If you are not in the business of providing
professional health care services:
(a) Subparagraphs (1)(a), (1)(b) and (1)(c)
above do not apply to any "employee"
or "volunteer worker" providing first aid
services; and
(b) Subparagraph (1)(d) above does not
apply to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you
are a partnership or joint venture), or any
member (if you are a limited liability
company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Legal Representative If You Die
Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of
yours which is a legally incorporated entity of
which you own a financial interest of more
than 50% of the voting stock on the effective
date of the Coverage Part.

Page 12 of 21 ends

The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or the exhaustion
of its limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and over which you maintain
financial interest of more than 50% of the voting
stock, will qualify as a Named Insured if there is
no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form
the organization or the end of the policy
period, whichever is earlier;
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.

4. Nonowned Watercraft
With respect to watercraft you do not own that is
less than 51 feet long and is not being used to
carry persons for a charge, any person is an
insured while operating such watercraft with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the watercraft, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an
insured under this provision.

5. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The following person(s) or organization(s) are an
additional insured when you have agreed , in a
written contract, written agreement or because of
a permit issued by a state or political subdivision,
that such person or organization be added as an
additional insured on your policy, provided the
injury or damage occurs subsequent to the
execution of the contract or agreement.

A person or organization is an additional insured
under this provision only for that period of time
required by the contract or agreement.

However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this Coverage Part.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded the vendor is
subject to the following additional
exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption
of liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the vendor
w o u l dh a v ei nt h ea b s e n c eo ft h e
contract or agreement;
(b) Any express warranty unauthorized by
you;
(c) Any physical or chemical change in the
product made intentionally by the
vendor;
(d) Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual
course of business, in connection with
the distribution or sale of the products;
(f) Demonstration, installation, servicing
or repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
(g) Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or

5. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
HG 00 01 09 16 Page 13 of 21
(h) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in Sub-
paragraphs (d) or (f);o r
(ii) Such inspections, adjustments,
tests or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or containing
such products.
b. Lessors Of Equipment
(1) Any person(s) or organization(s) from
whom you lease equipment; but only with
respect to their liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
(2) With respect to the insurance afforded to
these additional insureds this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
c. Lessors Of Land Or Premises
Any person or organization from whom you
lease land or premises, but only with respect
to liability arising out of the ownership,
maintenance or use of that part of the land or
premises leased to you.

With respect to the insurance afforded these
additional insureds the following additional
exclusions apply:

This insurance does not apply to:

1. Any "occurrence" which takes place after
you cease to lease that land; or

2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such person or organization.
d. Architects, Engineers Or Surveyors
Any architect, engineer, or surveyor, but only
with respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in part,
by your acts or omissions or the acts or
omissions of those acting on your behalf:
(1) In connection with your premises; or
(2) In the performance of your ongoing
operations performed by you or on your
behalf.

With respect to the insurance afforded these
additional insureds, the following additional
exclusion applies:

This insurance does not apply to "bodily
injury", "property damage" or "personal and
advertising injury" arising out of the rendering
of or the failure to render any professional
services by or for you, including:

1. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or

2. Supervisory, inspection, architectural or
engineering activities.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on
your behalf for which the state or political
subdivision has issued a permit.

With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the state
or municipality; or
(2) "Bodily injury" or "property damage"
included within the "products-completed
operations hazard".
f. Any Other Party
Any other person or organization who is not
an additional insured under Paragraphs a.
through e. above, but only with respect to
liability for "bodily injury", "property damage"
or "personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
(1) In the performance of your ongoing
operations;

Page 14 of 21 ends

(2) In connection with your premises owned
by or rented to you; or
(3) In connection with "your work" and
included within the "products-completed
operations hazard", but only if
(a) The written contract or agreement
requires you to provide such coverage
to such additional insured; and
(b) This Coverage Part provides coverage
for "bodily injury" or "property damage"
included within the "products-
completed operations hazard".

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.

With respect to the insurance afforded to
these additional insureds, this insurance does
not apply to:
"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:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.

The limits of insurance that apply to additional
insureds is described in Section III -L i m i t sO f
Insurance.

How this insurance applies when other insurance
is available to the additional insured is described
in the Other Insurance Condition in Section IV -
Commercial General Liability Conditions.

No person or organization is an insured with respect
to the conduct of any current or past partnership,
joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.

SECTION III - LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most we
will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. General Aggregate Limit
The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the "products-
completed operations hazard"; and
c. Damages under Coverage B.

3. Products-Completed Operations Aggregate
Limit
The Products-Completed Operations Aggregate
Limit is the most we will pay under Coverage A
for damages because of "bodily injury" and
"property damage" included in the "products-
completed operations hazard".

4. Personal And Advertising Injury Limit
Subject to 2. above, the Personal and
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.

5. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".

6. Damage To Premises Rented To You Limit
Subject to 5. above, the Damage To Premises
Rented To You Limit is the most we will pay
under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

HG 00 01 09 16 Page 15 of 21
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

7. Medical Expense Limit
Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury"
sustained by any one person.

8. How Limits Apply To Additional Insureds
If you have agreed in a written contract or written
agreement that another person or organization
be added as an additional insured on your policy,
the most we will pay on behalf of such additional
insured is the lesser of:
a. The limits of insurance specified in the written
contract or written agreement; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to Limits of Insurance shown in the
Declarations and described in this Section.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,
starting with the beginning of the policy period
shown in the Declarations, unless the policy period
is extended after issuance for an additional period of
less than 12 months. In that case, the additional
period will be deemed part of the last preceding
period for purposes of determining the Limits of
Insurance.

SECTION IV - COMMERCIAL GENERAL

LIABILITY CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to it
that we are notified as soon as practicable of
an "occurrence" or an offense which may
result in a claim. To the extent possible,
notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. Notice Of Claim
If a claim is made or "suit" is brought against
any insured, you or any additional insured
must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.

You or any additional insured must see to it
that we receive written notice of the claim or
"suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. Obligations At The Insureds Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered by
other insurance available to an additional
insured, such additional insured must submit
such claim or "suit" to the other insurer for
defense and indemnity.

However, this provision does not apply to the
extent that you have agreed in a written
contract or written agreement that this
insurance is primary and non-contributory
with the additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to any
additional insured only when such
"occurrence", offense, claim or "suit" is known
to:
(1) You or any additional insured that is an
individual;
(2) Any partner, if you or the additional
insured is a partnership;

Page 16 of 21 ends

(3) Any manager, if you or the additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or the additional insured is
a corporation;
(5) Any trustee, if you or the additional
insured is a trust; or
(6) Any elected or appointed official, if you or
the additional insured is a political
subdivision or public entity.

This duty applies separately to you and any
additional insured.

3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

4. Other Insurance
If other valid and collectible insurance is
available to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's
Risk, Installation Risk or similar coverage
for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you or
temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented to
you or temporarily occupied by you with
permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or
use of aircraft, "autos" or watercraft to the
extent not subject to Exclusion g. of
Section I - Coverage A - Bodily Injury And
Property Damage Liability;
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property damage"
to borrowed equipment or the use of
elevators to the extent not subject to
Exclusion j. of Section I -C o v e r a g eA -
Bodily Injury And Property Damage
Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any other insurance available to you
covering liability for damages arising out
of the premises or operations, or products
and completed operations, for which you
have been added as an additional insured
by that insurance; or
(7) When You Add Others As An
Additional Insured To This Insurance
Any other insurance available to an
additional insured.

However, the following provisions apply to
other insurance available to any person or
organization who is an additional insured
under this coverage part.
(a) Primary Insurance When Required
By Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that
other insurance by the method
described in c. below.
(b) Primary And Non-Contributory To
Other Insurance When Required By
Contract
I fy o uh a v ea g r e e di naw r i t t e n
contract, written agreement, or permit
that this insurance is primary and non-
contributory with the additional
insured's own insurance, this insurance
is primary and we will not seek
contribution from that other insurance.
(b) Primary And Non-Contributory To
Other Insurance When Required By
Contract
HG 00 01 09 16 Page 17 of 21
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an additional
insured.

When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer defends,
we will undertake to do so, but we will be
entitled to the insured's rights against all
those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations
of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow
this method also. Under this 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
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

5. Premium Audit
a. W ew i l lc o m p u t ea l lp r e m i u m sf o rt h i s Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.

At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.

The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such
times as we may request.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations are
accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all
hazards relating to the conduct of your
business that exist at the inception date of
this Coverage Part, we shall not deny
coverage under this Coverage Part because
of such failure.

7. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this Coverage Part to the first Named Insured,
this insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part
of any payment, including Supplementary
Payments, we have made under this
Coverage Part, those rights are transferred to
us. The insured must do nothing after loss to
impair them. At our request, the insured will
bring "suit" or transfer those rights to us and
help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of
recovery against any person or organization
for all or part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, we also waive that
right, provided the insured waived their rights
of recovery against such person or
organization in a contract, agreement or
permit that was executed prior to the injury or
damage.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)

Page 18 of 21 ends

nonrenewal not less than 30 days before the
expiration date.

If notice is mailed, proof of mailing will be
sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement" means the widespread public
dissemination of information or images that has
the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.

However, "advertisement" does not include:
a. The design, printed material, information or
images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.

2. "Advertising idea" means any idea for an
"advertisement".

3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.

4. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.

However, "auto" does not include "mobile
equipment".

5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.

6. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course of
travel or transportation between any places
included in a. above; or
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in a. above;
(2) The activities of a person whose home is
in the territory described in a. above, but is
away for a short time on your business; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and possessions),
P u e r t oR i c oo rC a n a d a ,i na" s u i t "o nt h em e r i t s according to the substantive law in such territory or
in a settlement we agree to.

7. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".

8. "Employment-Related Practices" means:
a. Refusal to employ that person;
b. Termination of that person's employment; or
c. Employment-related practices, policies, acts
or omissions, such as coercion, demotion,
evaluation, reassignment, discipline,
defamation, harassment, humiliation,
discrimination or malicious prosecution
directed at that person.

9. "Executive officer" means a person holding any
of the officer positions created by your charter,
constitution, by-laws or any other similar
governing document.

10."Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.

11."Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work", or your fulfilling the
terms of the contract or agreement.

12."Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire, lightning or
explosion to premises while rented to you or
temporarily occupied by you with permission
of the owner is subject to the Damage to
HG 00 01 09 16 Page 19 of 21
Premises Rented To You Limit described in
Section III - Limits of Insurance;
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license agreement
in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf. Tort
liability means a liability that would be
imposed by law in the absence of any
contract or agreement.

Paragraph f. includes that part of any contract
or agreement that indemnifies a railroad for
"bodily injury" or "property damage" arising
out of construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or trestle, tracks,
road-beds, tunnel, underpass or crossing.

However, Paragraph f. does not include that
part of any contract or agreement:
(1) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the
primary cause of the injury or damage;
or
(2) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (1) above and supervisory, inspection,
architectural or engineering activities.

13."Leased worker" means a person leased to you
by a labor leasing firm under an agreement
between you and the labor leasing firm, to
perform duties related to the conduct of your
business. "Leased worker" does not include a
"temporary worker".

14."Loading or unloading" means the handling of
property:
a. A f t e ri ti sm o v e df r o mt h ep l a c ew h e r ei ti s accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".

15."Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers or
rollers;
e. Vehicles not described in a., b., c. or d. above
that are not self-propelled and are maintained
primarily to provide mobility to permanently
attached equipment of the following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;

Page 20 of 21 ends

(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.

However, "mobile equipment" does not include
any land vehicle that is subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law are considered
"autos".

16."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.

17."Personal and advertising injury" means
injury, including consequential "bodily injury",
arising out of one or more of the following
offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person or organization occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication, in any
manner, of material that slanders or libels a
person or organization or disparages a
person's or organization's goods, products or
services;
e. Oral, written or electronic publication, in any
manner, of material that violates a person's
right of privacy;
f. Copying, in your "advertisement", a person's
or organization's "advertising idea" or style of
"advertisement"; or
g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement".

18."Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.

19."Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product"
or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than
one job site.
(c) When that part of the work done at a
job site has been put to its intended
use by any person or organization
other than another contractor or
subcontractor working on the same
project.

Work that may need service,
maintenance, correction, repair or
replacement, but which is otherwise
complete, will be treated as completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the "loading or unloading" of that vehicle
by any insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products or operations for which the
classification, listed in the Declarations or
in a policy Schedule, states that products-
completed operations are subject to the
General Aggregate Limit.

20."Property damage"
means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it;
or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall
be deemed to occur at the time of the
"occurrence" that caused it.

As used in this definition, computerized or
electronically stored data, programs or software
are not tangible property. Electronic data means
information, facts or programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from;
computer software, including systems and
applications software, hard or floppy disks, CD-
HG 00 01 09 16 Page 21 of 21
ROMS, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.

21."Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury" to
which this insurance applies are alleged. "Suit"
includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with our
consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.

22."Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.

23."Volunteer worker" means a person who
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope
of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for their
work performed for you.

24."Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other than vehicles),
materials, parts or equipment furnished in
connection with such goods or products.
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.

25. "Your work" :
a. Means:
(1) Work or operations performed by you or
on your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your work", and
(2) The providing of or failure to provide
warnings or instructions.

01007.0006 2171706.3

AMENDMENT NO.
1 TO

PURCHASE

AGREEMENT

THIS AMENDMENT TO THE

PURCHASE

AGREEMENT
(“Amendment”) by and
between the

CITY OF
CARSON
, a California municipal corporation

(“City”)

and

ROADLINE
PRODUCTS, INC., U.S.A.
,

Kansas

corporation

(“
Seller
”)
,
is effective
as of

the
___ day of

_______
, 202
6 .

City and
Seller

are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

City and
Seller

entered into that certain
Purchase

Agreement

dated
November 16
,
202
3 (“Agreement”)
,

whereby
Seller

agreed to

provide paint, paint supplies, sign equipment, and
related supplies for
a total not
-
to
-
exceed Contract Sum of $
600,000.00 for an initial three (3) year
term.

B
.

City and
Seller

now desire to amend the Agreement to

exercise its first of two
options to

extend the term by one (1) year to November 16, 2027 and increase the total compensation by $200,000.00 to allow City to continue
to
purchase of paint, paint supplies, sign
equipment, and related supplies from Seller.

TERMS

1. Incorporation of Recitals
. The Recitals set forth above are incorporated into and are a part of this Amendment.

2. Terms and Definition.

All words, terms, and phrases used or referenced in this Amendment, not expressly defined in this Amendment, shall have the same meaning ascribed to them in the Agreement.

3. C
ontract Changes
. The Agreement is amended as provided herein

(new text
is
indicated
in
bold italics

and deleted text in
strikethrough
).

Section
3 (
Purchase Price
) of the Agreement is hereby amended to read
in its entirety as follows:

“

3. Purchase Price
.

The
total Purchase Price which City agrees to pay to Seller for purchase and sale of the Goods and their delivery is not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00) per year, for a period of three (3)

four (4)
years following a Notice to Proceed issued by City’s Contract Officer, with the total Purchase Price for the Goods not to exceed
Six

Eight

Hundred Thousand
Dollars and Zero Cents ($
6 8
00 ,000.00), as provided in further detail in Exhibit “A.” Directions regarding deliveries, including but not limited to, those that concern timing, frequency, which Goods are to be delivered and the volume of the same,

01007.0006 2171706.3

shall be given by the Contract Officer. The Parties will also abide by the terms of Sections 6 and 7 with regards to deliveries.”

B
.

Section
4 (
Term
) of the Agreement is hereby amended to read in its
entirety as follows:

“

4. Term. The term (“Term”) of this Agreement shall expire after City’s acceptance of the Goods delivered as part of the final delivery during the third

fourth
year
following issuance of the Notice to Proceed, estimated to occur in 202
7 6
,

and City’s
payment therefor following Seller’s submission of the requisite invoice, and subject to the

any applicable warranty of the Goods. The City may elect, at its sole discretion, to extend the Term by
two (2)

one (1)
one
-
year term
s
.
”

4 .

Continuing Effect of Agreement.

Except as amended by this

Amendment
, all
provisions
of the Agreement

shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by
the
Amendment to the Agreement.

5 .

Affirmation of Agreement;

Warranty R
e Absence of Defaults.

City and
Seller

each ratify and reaffirm each and every on
e

of the respective rights and obligations arising under
the Agreement. Each party represents and warrants to the other that ther e have been no written or
oral
modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement
, as amended by this Amendment,

is currently an effective,
valid
,

and binding obligation.

Seller

represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a mat erial default under the
Agreement.

City represents and warrants to
Seller

that, as of the date of this Amendment,
Seller

is not
in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

6 .

Adequate Consideration.

The parties hereto irrevocably stipula
te and
agree that
they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

7 .

Authority.

The persons executing this
Amendment
on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Amendment
on behalf of said party, (iii) by so executing this
Amendment
, such
party is formally bound to the provisions of this
Amendment
, and (iv) the entering into this
Amendment
does not violate any provision of any other
a
greement to which said party is bound.

8. Counterparts.

This Amendment may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the

01007.0006 2171706.3

signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Amendment.

[

SIGNATURES ON FOLLOWING PAGE
]

01007.0006 2171706.3

IN WITNESS WHEREOF
, the parties hereto have executed this
Amendment
on the
date(s) and year written below
.

CITY:

CITY OF
CARSON
, a municipal
corporation

___________________________
________
_

Lula Davis
-
Holmes, Mayor

ATTEST:

______________________
___
__
__

Dr. Khaleah
K.

Bradshaw
,

City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

__________________
__________
_____

Sunny K. Soltani
, City Attorney

[
p
ks
; r
jl
]

SELLER
:

ROADLINE PRODUCTS, INC., U.S.A.
,
a
Kansas

corporation

By:

_____________________________

Name:

Scott Givens

Title:

President

By:

_____________________________

Name:

Ann Ure

Title:

Secretary

Two corporate officer signatures required when
Seller

is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. APPROPRIATE ATTESTAT IONS

SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,

OR OTHER RULES OR REGULATIONS APPLICABLE TO
SELLER’S

BUSINESS ENTITY.

CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, August 4, 2026, 5:00 PM
CONSENT 21. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Engineering Subject: CONSIDER AWARD OF A CONSTRUCTION CONTRACT TO RJ NOBLE COMPANY FORPROJECT NO. 1608: MARTIN LUTHER KING JR. STREET REHABILITATION FROM MAIN STREET TO AVALONBOULEVARD (CITY COUNCIL) I. SUMMARY
Project No. 1608, Martin Luther King Jr. Street Rehabilitation from Main Street to Avalon Boulevard, is included in the City's Capital Improvement Program (CIP), which is the City's long-range plan for funding and delivering major infrastructure improvements. The project will reconstruct the existing roadway and include repairs to sidewalks, curb ramps, streetlights, and other related improvements to enhance safety, accessibility, and the long-term condition of this important transportation corridor. Because the roadway has experienced significant deterioration caused by historic landfill materials beneath the pavement, the City retained Tait & Associates to perform a geotechnical investigation, which evaluated the underlying soil conditions, and to prepare the project's Plans, Specifications, and Engineer's Estimate (PS&E). Based on the engineering analysis, the recommended rehabilitation method is to reconstruct the roadway to a depth of approximately 2.5 feet and reinforce the new pavement foundation with geogrid, a high-strength synthetic material that strengthens weak soils, improves roadway stability, reduces future settlement, and extends the useful life of the pavement.

The City publicly advertised the project for competitive bids from October 30, 2025, through January 5, 2026, and received five bids. Following a comprehensive review of the bid documents, staff determined that RJ Noble Company submitted the lowest responsive and responsible bid in the amount of $4,972,715.75. Staff verified that RJ Noble Company holds a valid California contractor's license, submitted the required bid security, and has successfully completed numerous similar public infrastructure projects. Based on its qualifications, experience, and satisfactory performance history, staff has determined that RJ Noble Company is fully qualified to successfully complete the project.

II. RECOMMENDATION
TAKE the following actions:

1. AWARD a Construction Contract to RJ Noble Company, the lowest responsive and responsible bidder, in an amount not to exceed $4,972,715.75, for Project No. 1608, Martin Luther King Jr. Street Rehabilitation from Main Street to Avalon Boulevard; and,

2. AUTHORIZE a construction contingency in the amount of $745,907.36 (15 percent of the contract amount) to address unforeseen conditions or additional work that may be encountered during construction, including but not limited to underground utility conflicts, unforeseen subsurface conditions, contaminated soil investigation, handling and disposal, material testing, and other work necessary to successfully complete the project; and,

3. AUTHORIZE the Mayor to execute the Construction Contract, subject to approval as to form by the City Attorney.

III. ALTERNATIVES

1. REJECT all bids.

2. DO NOT APPROVE the above recommendations. However, staff will not be able to proceed with construction of the project.

3. TAKE another action the City Council deems appropriate consistent with the requirements of the law.

IV. BACKGROUND
Project No. 1608, Martin Luther King Jr. Street Rehabilitation from Main Street to Avalon Boulevard, is included in the City's Capital Improvement Program (CIP), which is the City's multi-year plan for funding and delivering major infrastructure improvements. The project will rehabilitate one of the City's most heavily traveled roadways by reconstructing deteriorated pavement, repairing damaged sidewalks, curbs, gutters, and driveway approaches, constructing Americans with Disabilities Act (ADA)-compliant access ramps to improve accessibility for individuals with disabilities, installing new streetlights, replacing damaged trees, and completing other related improvements necessary to restore the corridor to current engineering and safety standards.

The rehabilitation of Martin Luther King Jr. Street has become a high priority because the roadway has experienced significant deterioration over many years due to the presence of historic landfill materials beneath the pavement.

These underlying soils have caused portions of the roadway to gradually settle, resulting in recurring cracks, uneven pavement, and structural failures. As a result, the roadway requires frequent maintenance to maintain safe driving conditions, increasing ongoing maintenance costs while providing only temporary improvements. Although the City has performed numerous pavement repairs over the years, these repairs have addressed only the visible surface damage and have not resolved the underlying soil conditions that continue to cause pavement failures. A comprehensive reconstruction is now necessary to provide a long-term solution that improves public safety, enhances roadway reliability, and reduces future maintenance costs.

To determine the most effective long-term rehabilitation strategy, the City retained Tait & Associates to perform a comprehensive geotechnical investigation, which is an engineering study that evaluates the soil and subsurface conditions beneath the roadway. Based on its findings, Tait & Associates prepared the project's Plans, Specifications, and Engineer's Estimate (PS&E), which serve as the construction documents used for competitive bidding.

The engineering evaluation determined that the most effective long-term solution is to reconstruct the roadway by excavating approximately 2.5 feet of the existing roadway, replacing it with new engineered base material, reinforcing the foundation with three layers of geogrid, and installing a new six-inch asphalt pavement section. A geogrid is a high-strength synthetic reinforcement material placed beneath roadways to strengthen weak soils by distributing vehicle loads more evenly across the pavement foundation. This technology is widely used in roadway construction where poor soil conditions exist because it improves the structural performance of the roadway, reduces pavement movement, and significantly extends pavement life. While minor settlement may continue over time due to the historic landfill conditions, the reinforced pavement section is expected to settle more uniformly, allowing the roadway to perform as one continuous structural section while substantially reducing future maintenance needs. The completed Plans, Specifications, and Engineer's Estimate were reviewed and approved by both the City's Engineering Division and the Los Angeles County Department of Public Works for the improvements associated with the parking area located south of Martin Luther King Jr. Street.

Following completion of the design, the City publicly advertised Invitation for Bids (IFB) No. 25-14 through PlanetBids and the Daily Journal from October 30, 2025, through December 17, 2025. A mandatory pre-bid meeting and site visit was conducted on November 20, 2025, to familiarize prospective contractors with the project. To provide additional time to respond to contractor questions, the bid opening was extended to January 5, 2026. On that date, five bids were publicly opened by the Purchasing Division Manager in the Office of the City Clerk.

Bidder Location Bid Amount
RJ Noble CompanyOrange, CA$4,972,715.75
All American AsphaltCorona, CA$5,437,793.10
Sully-Miller ContractingBrea, CA $5,690,721.00
Excel Paving CompanyLong Beach, CA$6,548,859.25
Onyx Paving CompanyAnaheim, CA$8,878,000.00
After reviewing the bids, staff determined that RJ Noble Company submitted the lowest responsive and responsible bid. A responsive bidder is one that submitted a bid meeting all requirements of the solicitation, while a responsible bidder is one that has demonstrated the experience, qualifications, financial capability, and licensing necessary to successfully complete the work. RJ Noble Company possesses a valid California contractor's license, submitted the required 10 percent bid security, has successfully completed numerous similar public infrastructure projects, and received satisfactory reference checks. Based on this review, staff determined that the contractor is fully qualified to perform the project.

Although the bidding process was successfully completed, the City did not have sufficient project funding available at that time to award the construction contract. Consequently, the project was placed on hold while staff pursued alternative funding sources that would avoid the use of General Fund resources. Recognizing the continued deterioration of the roadway and the growing safety concerns for the traveling public, staff coordinated with the California Transportation Commission (CTC) to request approval to redirect the City's Fiscal Year 2026-27 Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account (RMRA) funds from the previously approved Main Street project to the Martin Luther King Jr. Street Rehabilitation Project. SB 1 is a statewide transportation funding program that provides dedicated funding to cities for eligible roadway maintenance and rehabilitation projects.

After reviewing the City's request and recognizing the urgency of the roadway improvements, the California Transportation Commission provided informal approval of the proposed funding reallocation, contingent upon formal approval by the City Council and subsequent action by the Commission. To satisfy this requirement, the City Council approved the SB 1 funding reprogramming on July 7, 2026. With the necessary project funding now identified, staff is requesting that the City Council award the construction contract so the project can move forward.

Because more than 90 days elapsed between the original bid opening and the proposed contract award, staff contacted RJ Noble Company to confirm that it remained willing to perform the work. The contractor confirmed its continued interest in the project and agreed to honor its original bid. The contractor also advised that recent increases in material costs could potentially result in a modest increase during construction. If necessary, any such adjustment would be addressed through a future construction change order, which is the standard contractual process used to authorize additional work or adjust contract costs when unforeseen conditions arise. Based on current information, the contractor estimates that any potential increase would not exceed approximately $176,000, an amount staff believes can be accommodated within the overall project budget.

Because the project is located over historic landfill materials, there remains a possibility that previously unidentified subsurface conditions could be encountered during excavation. Although the geotechnical investigation concluded that the existing conditions are generally suitable for the proposed design, geotechnical studies are based on representative sampling and cannot guarantee that all underground conditions have been identified. If unforeseen landfill-related materials or hazardous substances are encountered during construction, the contractor will be required to comply with all applicable federal, state, and local environmental regulations governing the investigation, handling, transportation, and disposal of those materials. Compliance with these requirements could require additional environmental investigation, specialized disposal methods, or remediation activities, which may increase project costs and extend the construction schedule.

The City has previously experienced similar conditions during construction of the Lenardo Drive Improvements Project within the former 157-Acre Site, where previously unidentified hazardous materials were encountered during excavation. Those conditions required additional environmental investigation and remediation before construction could continue, resulting in increased project costs and schedule delays. Accordingly, staff believes it is appropriate to advise the City Council of this potential project risk. While staff does not anticipate significant environmental issues based on the available geotechnical information, the possibility of encountering unforeseen subsurface conditions cannot be entirely eliminated. Should additional environmental mitigation become necessary during construction, staff will return to the City Council with any required contract amendments or budget appropriations for consideration.

Construction will be completed in carefully phased segments to maintain access for residents, businesses, and emergency services while allowing utility companies to perform necessary adjustments and minimizing traffic disruptions throughout the construction period. The anticipated project schedule is summarized below:

Milestone Estimated Date
Advertise for Construction BidsOctober 30, 2025
Bid Opening January 5, 2026
City Council Award of ContractAugust 4, 2026
Contract ExecutionSeptember 7, 2026
Purchase Order IssuanceSeptember 21, 2026
Begin ConstructionOctober 5, 2026
Complete ConstructionMay 2027
The construction schedule may be adjusted as necessary to account for weather conditions, utility coordination, unforeseen underground conditions, or other factors commonly encountered during public infrastructure construction projects.

Consequently, staff recommends that the City Council award a construction contract for Project No. 1608, Martin Luther King Jr. Street Rehabilitation from Main Street to Avalon Boulevard, to RJ Noble Company, the lowest responsive and responsible bidder, in an amount not to exceed $4,972,715.75. Awarding the proposed contract will allow the City to move forward with a long-needed reconstruction of one of its critical transportation corridors, improve roadway safety and accessibility, reduce long-term maintenance costs, maximize the use of available SB 1 transportation funding, and provide a durable, long-term infrastructure investment that will serve the community for many years.

V. FISCAL IMPACT
Sufficient funding for Project No. 1608, Martin Luther King Jr. Street Rehabilitation from Main Street to Avalon Boulevard, is available in the Fiscal Year 2026-27 Capital Improvement Program (CIP) Budget following the City Council's approval on July 7, 2026, to reprogram Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account (RMRA) funds to this project. Funding is available under CIP Account No. 288-99-999-904-8009.

Staff recommends awarding a construction contract to RJ Noble Company in an amount not to exceed $4,972,715.75. Staff also recommends authorizing a construction contingency of $745,907.36 (15 percent of the contract amount) to address unforeseen conditions that may be encountered during construction. Given the roadway's location over historic landfill materials, there is an increased potential for unexpected subsurface conditions that may require additional work. A construction contingency is a standard project management tool that allows the City to address such conditions without delaying construction. Any use of contingency funds will be limited to work that is necessary to complete the project and will be administered in accordance with the City's established change order procedures. The total project authorization requested from the City Council is $5,718,623.11.

If unforeseen subsurface conditions, environmental remediation, or other construction-related issues require funding beyond the approved contingency or available project budget, staff will return to the City Council for consideration of any additional appropriations or other actions necessary to complete the project.

VI. EXHIBITS

1. Construction Plans

2. Bid Results

3. Construction Contract
Attachments

1. Construction Plans

2. Bid Results

3. (RJ Noble) Public Works Over $25000 - MLK Street Improvements

GENERAL NOTES
CITY OF CARSON of 10PAVEMENT REHABILITATIONMLK JR. ST, MAIN ST TO AVALON BLVD701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver1608TITLE SHEET1 CITY OF CARSONPAVEMENT REHABILITATIONMLK JR. ST, MAIN ST TO AVALON BLVD1. ALL WORK AND MATERIALS SHALL COMPLY WITH THE STANDARD PLANS OF THE CITY OFCARSON, AMERICAN PUBLIC WORKS ASSOCIATION AND CALTRANS STANDARD PLANS ANDSPECIFICATIONS. (ALL LATEST EDITION) 2.THE CONTRACTOR SHALL NOTIFY THE CITY ENGINEER 24 HOURS IN ADVANCE FOR INSPECTIONPRIOR TO STARTING WORK AT (310) 952-1700 EXT. 1814.3.THE CONTRACTOR SHALL NOTIFY THE UTILITY COMPANIES 48 HOURS IN ADVANCE PRIOR TOWORKING AROUND THEIR FACILITIES.4.THE CONTRACTOR SHALL CALL UNDERGROUND SERVICE ALERT (800)422-4133 48-HRS PRIOR TOANY EXCAVATION.5.THE CONTRACTOR SHALL PROVIDE AND MAINTAIN AT ALL TIMES DURING CONSTRUCTION AMPLEMEANS AND DEVICES WITH WHICH TO PROMPTLY REMOVE AND PROPERLY DISPOSE OF ALLWATER FROM ANY SOURCE ENTERING THE EXCAVATION OR OTHER PARTS OF THE WORK.6.ALL EXISTING IMPROVEMENTS, INCLUDING STRIPING, REMOVED OR DAMAGED SHALL BEREPLACED IN KIND, OR AS SPECIFIED IN THE TECHNICAL SPECIFICATIONS.7.THE EDGES OF ALL A.C. PATCH SHALL BE SEALED WITH ASPHALT EMULSION.8.TRAFFIC CONTROL AND CONSTRUCTION SIGNING SHALL BE PER WATCH HANDBOOK, OR THEMANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) ALONG WITH THE CALIFORNIASUPPLEMENT.9.CONTRACTOR SHALL HAVE SUFFICIENT MATERIALS ON HAND AT ALL TIMES TO EXPEDITE ANYEMERGENCY REPAIR.10.WORKING HOURS SHALL BE BETWEEN 9AM AND 3PM MONDAY - FRIDAY ON ARTERIALS UNLESSOTHERWISE APPROVED BY THE DIRECTOR OF PUBLIC WORKS.11.REPAIR ANY BROKEN OR RAISED SIDEWALK, CURB AND GUTTER ABUTTING THE DEVELOPMENTPER CITY OF CARSON STANDARD AND TO THE SATISFACTION OF THE CITY ENGINEER.12.THE CONTRACTOR SHALL FILL IN MISSING SIDEWALK, REMOVE AND REPLACE ANYBROKEN/DAMAGED DRIVEWAY APPROACH IN THE PUBLIC RIGHT OF WAY, ABUTTING THEPROPOSED DEVELOPMENT PER CITY OF CARSON STANDARD AND TO THE SATISFACTION OF THECITY ENGINEER.13.THE CONTRACTOR SHALL MODIFY EXISTING DRIVEWAYS IN THE PUBLIC RIGHT OF WAY PER CITYOF CARSON STANDARD TO COMPLY WITH THE ADA REQUIREMENTS AND TO THE SATISFACTIONOF THE CITY ENGINEER.14.WHERE SIDEWALK MEANDER AROUND EXISTING DRIVEWAYS AND EXTENDING BEYOND THEPUBLIC RIGHT OF WAY AT ANY LOCATION, THE REQUIRED DESCRIBED SIDEWALK EASEMENTSSHALL BE SUBMITTED AND APPROVED PRIOR TO ISSUANCE OF THE BUILDING PERMIT.15.REMOVE UNUSED DRIVEWAY APPROACH IF ANY, AND REPLACE IT WITH FULL HEIGHT CURB ANDGUTTER AND SIDEWALK PER CITY OF CARSON STANDARD, AND TO THE SATISFACTION OF THECITY ENGINEER.16.ALL NEW OVERHEAD UTILITY LINES, ABUTTING THE PROPOSED DEVELOPMENT SHALL BEUNDERGROUND TO THE SATISFACTION OF THE CITY ENGINEER.17.A CONSTRUCTION PERMIT IS REQUIRED FOR ANY WORK TO BE DONE IN THE PUBLICRIGHT-OF-WAY.18.ANY IMPROVEMENTS DAMAGED DURING THE CONSTRUCTION SHALL BE REMOVED ANDRECONSTRUCTED PER CITY OF CARSON STANDARD PLAN AND TO THE SATISFACTION OF THECITY ENGINEER.19.CONSTRUCTION BOND AS REQUIRED FOR ALL WORK TO BE DONE WITHIN THE PUBLIC RIGHT OFWAY.20.PROOF OF WORKER'S COMPENSATION AND LIABILITY INSURANCE.21.ALL TRENCHES IN PAVEMENT TO BE REPAIRED PER "CITY OF CARSON DRAWING" NO. 136"TRENCH BACKFILL AND PAVEMENT REPAIRS."22.CONTRACTOR IS REQUIRED TO PLACE A RUBBERIZED EMULSION AGGREGATE SLURRY SEAL(REAS) OVER THE STREET WIDTH IN WICH THE EXCAVATION WAS MADE.23.ALL SURVEY MONUMENTS DESTROYED AS A RESULT OF THE CONTRACTOR'S WORK SHALL BERESET "IN KIND" AT THE CONTRACTORS EXPENSE BY A LICENSED SURVEYOR OR REGISTEREDCIVIL ENGINEER. COPIES OF ALL TIES TO RESET MONUMENTS SHALL BE SUPPLIED TO THE CITYPRIOR TO RELEASE OF ANY SURETIES.24.INSTALLATION OF STREETLIGHTS SHALL BE TO SATISFACTION OF THE L.A. COUNTY STREETLIGHTING DIVISION, DEPARTMENT OF PUBLIC WORKS. ANNEXATION THE AREA TO THE L.A.COUNTY LIGHTING MAINTENANCE DISTRICT, FOR THE PURPOSE OF OPERATING ANDMAINTAINING THE STREETLIGHTS TO BE INSTALLED, MAYBE NECESSARY TO COMPLY WITHANNEXATION. (ANNEXATION PROCEDURE IS APPROXIMATELY 12-MONTH)25.PARKWAY TREES SHALL BE PER CITY OF CARSON STANDARD NOS. 117, 132, 133 AND 134.26.PLANT PARKWAY GRASS ABUTTING THE PROPOSED DEVELOPMENT TO THE STATISFACTION OFTHE CITY ENGINEER.27.INSTALL IRRIGATION SYSTEM FOR THE PURPOSE OF MAINTAINING THE PARKWAY TREES TO BEPLANTED ABUTTING THIS PROPOSED DEVELOPMENT

STREET IMPROVEMENT PLAN SHEET INDEX

SUBSTRUCTURE NOTICES
NINDEX MAPSCALE 1" = 300'

MAIN STREET
AVALON BLVDMLK JR. ST
NVICINITY MAPSCALE 1" = 300'

AVALON BLVD
MAIN STMLK JR. ST
405

UTILITY NOTES

TOWNE AVE
DECLARATION OF RESPONSIBLE CHARGE: I HEREBY DECLARE THAT I AM THE (ENGINEER) OF WORK FOR THIS PROJECT, THAT I HAVE EXERCISED RESPONSIBLECHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, ANDTHAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS AS OF THE DATE OF THESE DRAWINGS. I UNDERSTANDTHAT THE CHECK OF THE PROJECT DRAWINGS AND SPECIFICATIONS BY THE CITY OF CARSON IS CONFINED TO A REVIEWONLY AND DOES NOT RELIEVE ME, AS AN ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR THE PROJECT DESIGN. THEPLAN CHECK IS NOT A DETERMINATION OF THE TECHNICAL ADEQUACY OF THE DESIGN OF THESE IMPROVEMENTS.DENNIS POSTLER, PELICENSE NO. C46106 02/04/2025 DATETAIT & ASSOCIATES701 N. PARKCENTER DRIVESANTA ANA, CA 92705P: (714) 560-8200F: (714) [email protected]

MASTER LIST OF CONSTRUCTION NOTES

STREET LIGHTING PLAN SHEET INDEXSTORM DRAIN NOTESSIGNING & STRIPING NOTES 10/15/2025
10/22/2025
10-23-2025
CITY OF CARSON of 10PAVEMENT REHABILITATIONMLK JR. ST, MAIN ST TO AVALON BLVD701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver1608DETAILS2

AC PATCHING DETAIL - MILL & OVERLAYNTS
TYPICAL MILL AND OVERLAY SECTIONSTA. 28+00 TO 36+00NTS
TYPICAL FULL DEPTH RECONSTRUCTION SECTIONSTA. 10+41 TO 14+25STA. 22+00 TO 28+00STA. 36+00 TO 42+55NTS TYPICAL FULL DEPTH RECONSTRUCTION SECTIONSTA. 14+25 TO 22+00NTS DETAIL ASCALE: 1 INCH = 10 FEETDETAIL BSCALE: 1 INCH = 10 FEET DETAIL CSCALE: 1 INCH = 10 FEETGEOGRID TAPERING DETAILNTS

HATCHING LEGEND

AC PAVEMENT DETAIL - PARKING LOTNTSUTILITY NOTES

MASTER LIST OF CONSTRUCTION NOTES

STORM DRAIN NOTESSIGNING & STRIPING NOTES
10/15/2025
10/22/25
10-23-2025
CITY OF CARSON of 10PAVEMENT REHABILITATIONMLK J.R. BLVD, MAIN ST TO AVALON BLVD701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver1608M.L.K. JR. STREET- STA 10+00 TO STA 17+503

NHATCHING LEGEND
11+0010+0012+0013+0014+0015+0016+0017+00 252723252723252723LT℄RT252723252723252723LT℄RT

MAIN STREETCONSTRUCTION NOTES
10/15/2025
10/22/2025
10-23-2025
CITY OF CARSON of 10PAVEMENT REHABILITATIONMLK J.R. BLVD, MAIN ST TO AVALON BLVD701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver1608M.L.K. JR. STREET- STA 17+50 TO STA 26+504

NHATCHING LEGEND
18+0017+0019+0020+0021+0022+0023+0024+00 252723252723252723LT℄RT25+00252723252723252723LT℄RTCONSTRUCTION NOTES

UTILITY NOTESSTORM DRAIN NOTES
10+0011+00
1719152325211311SD LINE A PROFILE9
10/15/2025
10/22/2025
10-23-2025
M.L.K. JR. STREET- STA 26+50 TO STA 42+505
N

MASTER LIST OF CONSTRUCTION NOTES

UTILITY NOTESHATCHING LEGEND
CITY OF CARSON of 10PAVEMENT REHABILITATIONMLK J.R. BLVD, MAIN ST TO AVALON BLVD701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver N

AVALON BLVD

TOWNE AVE
1608
10/15/2025
10/22/2025
10-23-2025
PARKING LOT PRECISE GRADING PLAN6 N MASTER LIST OF CONSTRUCTION NOTES HATCHING LEGENDCITY OF CARSON of 10PAVEMENT REHABILITATIONMLK J.R. BLVD, MAIN ST TO AVALON BLVD701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver1608 DETAIL ASCALE: 1"=10'
N
10/15/2025
N
10/25/2025
10-23-2025
PARKING LOT HORIZONTAL CONTROL & STRIPING PLAN7
N

SIGNING & STRIPING NOTES

CITY OF CARSON
of 10PAVEMENT REHABILITATIONMLK J.R. BLVD, MAIN ST TO AVALON BLVD701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver 701 N. Parkcenter DriveSanta Ana, CA 92705p: 714/560/8200 f: 714/560/8211www.tait.comSince 1964Los AngelesOntarioSacramentoSan DiegoSan FranciscoBoiseDallasDenver1608 N

NOPARKINGVAN
10/15/2025
10/22/2025
10-23-2025
CITY OF CARSON-- SIGNING AND STRIPING PLANTITLE SHEETM.L.K. JR. STREET FROM MAIN ST.TO AVALON BLVD. 405
11091
TJW ENGINEERING, INC.Traffic Engineering &Transportation Planning Consultants9841 Irvine Center Dr., Suite 200, Irvine, CA 92618t: (949) 878-3509 f: (949) 878-3593www.tjwengineering.comof 108 10/23/2025
10-23-2025
STOP

WAITHERE

SIGNALAHEADSTOPSTOPSTOP
CITY OF CARSONof 10-- SIGNING AND STRIPING PLAN9M.L.K. JR. STREET FROM MAIN ST.TO AVALON BLVD.TJW ENGINEERING, INC.Traffic Engineering &Transportation Planning Consultants9841 Irvine Center Dr., Suite 200, Irvine, CA 92618t: (949) 878-3509 f: (949) 878-3593www.tjwengineering.com N.T.S. LANEWIDTH

LANEWIDTH
N.T.S.

N.T.S.

N.T.S.
10/23/2025
10-23-2025
STOP

CLEARKEEP

CLEARKEEPCLEARKEEP

WAITHEREWAITHERE
STOP
CITY OF CARSON-- SIGNING AND STRIPING PLANTJW ENGINEERING, INC.M.L.K. JR. STREET FROM MAIN ST.TO AVALON BLVD.Traffic Engineering &Transportation Planning Consultants9841 Irvine Center Dr., Suite 200, Irvine, CA 92618t: (949) 878-3509 f: (949) 878-3593www.tjwengineering.comof 1010 N.T.S.

LANEWIDTH

LANEWIDTH
N.T.S.

N.T.S.

N.T.S.
10/23/2025
10-23-2025

01007.0006 2165456.3

1 PUBLIC WORKS

AGREEMENT

BETWEEN THE CITY OF
CARSON

AND

R.J. NOBLE COMPANY

THIS

PUBLIC WORKS

AGREEMENT

(
“
Agreement
”
) is made and entered into this
____ day of ________, 20
2 3
,

by and between the City of
Carson
, a California
charter city
(
“
City
”
)
and
R.J. N
oble

Company
, a California corporation
(
“
Contractor
”
).

City and Contractor
may be
referred to,

sometimes

individually or collectively, as
“
Party
”

or
“
Parties.
”

RECITALS

T
he City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

Pursuant to the City of
Carson

Municipal Code

and California state law
, City has
authority to enter into and execute this Agreement.

The Parties desire to formalize the selection of Contractor for performance of th e

services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT

ARTICLE 1.

CONTRACTOR

SERVICES

1.1 Scope of Work.

T
he Contractor shall
perform all of the work
, furnish all labor, materials, equipment, tools,
utility services, and transportation,

and comply with all of the specifications and requirements in the Bid Documents

for the project entitled
Project No. 1608: M.L.K. Jr. Street Improvements,
Main Street to Avalon Boulevard (IFB 23
-
15)

(
“
Project
”
).

All such work shall be performed
in a good and workmanlike manner, as reasonably determined by the City , and shall be performed
in compliance with all local, state, and federal laws and regulations .

As used herein,

“
Bid
Documents
”

refers to all of the documents included i
n

the solicitation of bids for the Project,
including but not limited to,
the
Invit
ation

for
Bids, Instructions to Bidders, Bid or Bid Proposal,
Contract Documents,
Special Provisions,
Technical Provisions,
Construction
Plans,

Standard
Plans,
Drawings
,
Reference Specifications, all applicable permit requirements, any addenda, any
applicable Project Labor Agreement,
and any other documents

included,

referenced
,

or
incorporated therein. The Bid Documents are incorporated into this Agreement

and made part

-
2 -

01007.0006 2165456.3

hereof
.

In the event of any
conflict

between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern
.

1.2 Incorporation of Greenbook.

The provisions
of the
20 21

Edition of the Standard Specifications for Public Works Construction
, as updated by errata,

(
“
Greenbook
”
) are incorporated herein, except as explicitly
modified by the Bid Documents.

In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor

and Wage

Law
s
.

(a)

Public Work
.

The Parties acknowledge that the work to be performed under this Agreement is a
“
public work
”

as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the

requirements of
Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the
California Labor Code
relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ( “
DIR
”
) implementing such statutes.

The
work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR.

Contractor shall post job site notices, as prescribed by regulation.

(b)

Registration with DIR
.

Pursuant to Labor Code section 1771.1,
Contractor
and all subcontractors
must be registered with, and pay an annual fee to, the DIR prior to

and
during

the performance of any work under this Agreement.

(c)

Prevailing Wages
.

Contractor shall pay prevailing wages to the extent
required by Labor Code Section 1771.

Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at
City Hall

and will be made available to any
interested party on request.

By initiating any work under this Agreement, Contractor acknowledges rec
eipt of a copy of the DIR

determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.

If
this

Agreement is subject to the payment of federal prevailing wages under the Davis -
Bacon Act
(40 U.S.C. § 3141
et seq.
), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.

(d)

Penalty for Failure to Pay Prevailing Wages
.

Contractor shall comply with
and be bound by the provisions of 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

City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to thi s
Agreement by Contractor or by any subcontractor.

(e)

Payroll Records
.

Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section
1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.

-
3 -

01007.0006 2165456.3

(f)

Apprentices
.

Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6
,

and 1777.7 and California
Code of Regulations T
itle 8,
S
ection 200
et seq.
concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable

occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contracto r and each of its subcontractors
shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

(g)

Eight
-
Hour Work Day
.

Contractor acknowledges that eight (8) hours labor
constitutes a legal day
’
s work. Contractor shall comply with and be bound by Labor Code Section 1810.

(h)

Penalties for Excess Hours
.

Contractor shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -
five dollars ($25) for each
worker employed in the

performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more tha n eight
(8) hours in any one

calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8)

hours per day,
and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at

not less than one and one
-
half (1½)

times the
basic rate of pay.

(i)

Workers
’

Compensation
.

California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certif
ies as follows:

“
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ’

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 this contract.
”

(j)

Contractor
’
s Responsibility for Subcontractors
.

For every subcontractor
who will perform work
under this Agreement
, Contractor shall be responsible for such
subcontractor
’
s compliance with
Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code
, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement.

Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor ’
s compliance, including
w
ithout limitation, conducting a
review of the certified payroll records of the subcontractor

on a
periodic basis or

upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor

shall diligently take corrective action to halt or
rectify any
such
failure

by any subcontractor.

-
4 -

01007.0006 2165456.3

1.4 Compliance with Project Labor Agreement

If and to the extent that the work to be performed under this Agreement is within the scope of the
City’s
Project Labor Agreement
, which was fully executed as of March 4, 2020,

by and
between the City and
the
Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions

(the “Project Labor Agreement”), City and
Contractor acknowledge and agree that Contractor is required to comply with the provisions of the Project Labor
Agreement, and that in the event of a conflict between the provisions of this Agreement and the Project Labor Agreement, the Project Labor Agreement shall supersede and
take precedence

over the conflicting provision(s) of this Agreement
.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement.

Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor
’
s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against Ci ty
hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilitie s, difficulties and
restrictions attending performance of the services under this Agreement.

If the services involve
work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.7 Discovery of Unknown Conditions.

(a)

Pursuant to Public Contract Code section 7104,

Contractor shall promptly,
and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a C
lass I, II, or III disposal site in accordance with existing law; (ii) subsurface

or latent
physical
conditions

at the site
, materially different from those indicated

by
information about the site made available to bidders prior to the deadline for submitting bids on the project
; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.

(b)

City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor
’
s cost of, or the time required for, performance of any part of the work, shall issue a change order
in accordance with

this Agreement.

-
5 -

01007.0006 2165456.3

(c)

In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor
’
s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement.

Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.8 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor
for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the projec
t necessarily idled during such work.

Nothing
herein shall be deemed to require
City

to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site

can be inferred from the
presence of other visible facilities, such as buildings, meter s,

and junction boxes, on or adjacent to
the site of the construction; provided, however, nothing herein shall relieve City

from identifying
main or trunklines in the plans and specifications.

If
Contractor,

while performing the
work,

discovers utility facilities not identified by
City in the

plans or specifications,
Contractor

shall
immediately notify
City

and

the

utility in writing.

This Agreement is subject to Government Code
s
ections 4126
through

4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.9 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing,
sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural eng
ineer employed by the City to whom authority has been
delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to a
llow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees.

Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed there for.

1.10 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or oth er components thereof
to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City ’
s own

-
6 -

01007.0006 2165456.3

negligence.

Stored materials shall be reasonably accessible for inspection.

Contractor shall not,
without City
’
s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.11 Warranty.

Contractor warrants all
work

under the
Agreement

(which for purposes of this Section shall
be deemed to include unauthorized work which has not been removed and any non -
conforming
materials incorporated into the
work
) to be of good quality and free from any defective or faulty material and workmanship.

Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) a
fter the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non
-
conformance of the work to the Agreement,
commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense.

Contractor shall

act as soon as requested by the City in response to an
emergency.

In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work.

For any work so
corrected, Contractor
’
s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective

actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement.

All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of s ubcontractors,
suppliers and manufacturers with respect to any portion of the work
, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enfo
rce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement
, to the reasonable satisfaction of the City, the
City shall have the right to correct and replace any defective or non -
conforming
work

and any
work damaged by such work or the replacement or correction thereof at Contractor ’
s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.12 Additional Work and Change Orders.

(a)

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work.

No such extra work
may be undertaken unless a written change order is first given by the City’s Director of Public
Works or City Engineer, or either of their designees,
to the Contractor, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ( “
Change Order
”
).

All Change

-
7 -

01007.0006 2165456.3

Orders must be signed by the Contractor and
City’s Director of Public Works or City Engineer, or
either of their designees,

prior to commencing the extra work thereunder.

(b)

Any increase in compensation of up to
the amount of contingency approved
by the City Council

at the time the Project was awarded to Contractor

plus any additional
subsequent contingency approved by the City Council
,
if any,
taken either separately or
cumulatively,

or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s
Director of Public Works or City Engineer, or either of their designees .

Any greater increases,
taken either separately or cumulatively, must be approved by the City Council.

(c)

Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the
Contractor’s Bid
.

If the rates in the
Contractor’s Bid

do
not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and
City’s Director of Public Works or City
Engineer, or either of their designees
.

If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:

(i)

Labor
:

The
cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is done.

The use of labor classifications that would increase the cost of such work shall not be permitted.

(ii)

Materials and Equipment
:

The
cost of materials and equipment shall
be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower.

(iii)

If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order.

The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation,
if applicable; description of other City authorized services and expenditures in such detail as the City may require.

Failure to submit a daily report by the close of the next working day may, at the City
’
s sole and absolute discretion, waive the Contractor
’
s rights for that day.

(d)

It is expressly understood by Contractor that

the provisions of this Section

shall not apply to services specifically set forth in the Scope of Work.

Contractor hereby
acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation the
refor.

City may in its sole and absolute discretion have
similar work done by other contractors.

(e)

No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

-
8 -

01007.0006 2165456.3

1.13 CARB Compliance.

For a project involving the use of in
-
use off
-
road diesel
-
fueled vehicles, as defined by 13
CCR 2449, Contractor shall obtain copies of the valid Certificates of Reported Compliance, as described in 13 CCR 2449(n), for the fleet performing services pursuan t to this contract and all
listed subcontractors, if applicable, prior to commencing any work pursuant to this Contract or any renewed contract with that fleet. Contractor shall indemnify, defend and hold harmless the District, its officers, agents, employ
ees and directors from any liability imposed arising from Contractor’s violation of any regulation set forth in 13 CCR 2449.

1.14 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the
“
Special Requirements
,
”

attached hereto as
Exhibit
B

and incorporated herein
by this reference.

In the event of a conflict between the provisions of
Exhibit
B

and any other
provisions of this Agreement, the provisions of
Exhibit
B

shall govern.

ARTICLE 2.

COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts
set forth in
Contractor’s Bid

attached hereto as
Exhibit
A

and incorporated herein by this
reference
.

Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive
total compensation
,
including reimbursement of Contractor’s expenses
,

of
an amount
not to exceed
Four Million Nine Hundred Seventy Two Thousand Seven Hundred Fifteen

Dollars

and Seventy Five Cents ($4,972,715.75)

(“
Contract Sum
”)
for completion of the work.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month
using the
form
attached hereto as
Exhibit E

and incorporated herein
by this reference.

By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

A
ll invoices shall include a copy of
Contractor
’s Certified Payroll and proof that Certified
Payroll has been submitted to the DIR.

Contractor

shall also submit a list of the prevailing wage
rates

(including federal prevailing wage rates, if applicable)

for all employees and subcontractors
providing services under this Agreement, as applicable, with Contractor
’s first invoice. If these
rates change at any time during the term of the Agreement, Contractor

shall submit a new list of
rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment
.

(a)

Payments Made
b
y City
.

City shall independently review each invoice
submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed

-
9 -

01007.0006 2165456.3

or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid
any progress payment
within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City
does not cause Contractor to be paid
any progress payment
within thirty (30) days of receipt of an
undisputed and properly submitted invoice

and provided the Project is for construction
, Contractor
shall be entitled to the payment of interest to the extent allowed under Public Contract Code S
ection 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be a ccompanied by a document setting forth
in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any appl
icable law.

(b)

Payments Made
b
y Contractor to Subcontractors
. Contractor shall remit
payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar d
ays if payments are owed by Contractor to any
subcontractor other than a small business enterprise.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107

of the Public Contract Code.

In the
event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed
one hundred fifty
percent
(150%)
of the disputed amount.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

2.6 Substitution of Securities.

(a)

In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.

-
10 -

01007.0006 2165456.3

(b)

At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention

earnings
required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escr
ow agent shall notify the City within ten (10) days
after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall b e
held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3.

PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall
complete the Project
within
ninety (90)

working

days after receiving a
“
Notice to Proceed
”

from the City
in accordance with any schedule contained in

or required to be
provided by

the
Proposal or
Bid Documents
, and any revisions thereof approved by the City in
writing
.

Time is of the essence.

If the work is not completed within said time period, liquidated damages shall apply.

The term of this Agreement shall expire
one
(
1 ) year following City’s
acceptance of the Project.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of
One Thousand
Dollars ($
1,000.00
) as liquidated damages for each working day of delay in the performance of any service required hereunder
.

The City may withhold any accrued liquidated damages

from any
monies payable on account of services performed by the Contractor.

To the extent required by

Government Code
s
ection 4215, Contractor shall not be assessed liquidated damages for delay in completion of the
work

when such delay was caused by the failure of the
City

or owner of the
utility to provide for removal or relocation of utility facilities.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of th e Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any government
al agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager

in writing of the
causes of the delay. The
Project Manager

shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the judgment of the
Project Manager

such delay is justified. The
Project Manager
’s determination

-
11 -

01007.0006 2165456.3

shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this
Section.

3.4 Final Acceptance.

A
cceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned

and operated by City.

As a condition to acceptance,
Contractor

shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance.

ARTICLE 4.

COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (
“
Principals
”
) are hereby designated as being the
principals and representatives of Contractor authorized to act o
n its behalf with respect to the work
specified herein and make all decisions in connection therewith:

Steven L. Mendoza

Vice President

(Name)

(Title)

________________________

(Name)

(Title)

________________________

(Name)

(Title)

The

Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All
personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.

For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor
’
s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Contractor shall notify City of any changes in
Contractor
’
s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor

shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise

expressly conferred in

-
12 -

01007.0006 2165456.3

writing by City.

Contractor

shall not at any time or in any manner represent that
Contractor

or any
of
Contractor
’
s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

Neither
Contractor
, nor any of
Contractor
’
s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City
’
s employees.

Contractor

expressly waives any claim
Contractor

may have to any such rights.

4.3 Project Manager
.

The
Project Manager

shall be
Gilbert Maquez, P.E., City Engineer,

any other

person as
may be designated by the
City’s Director of Public Works or City Engineer
. It shall be the
Contractor
’
s responsibility to assure that the
Project Manager

is kept informed of the progress of
the performance of the services and the
Contractor

shall refer any decisions which must be made
by City to the
Project Manager
. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Project Manager
. The
Project Manager

shall have
authority, if specified in writing by the
City’s Director of Public Works or City Engineer
, to sign
all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein.

City shall have no voice in the selection, discharge, supervision or control of Contractor
’
s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service.

Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

City shall not in any way or
for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement.

Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City.

All subcontractors shall
obtain, at its or Contractor
’
s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement.

In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City .

Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative ba
sis.

In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void.

No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

-
13 -

01007.0006 2165456.3

ARTICLE 5.

INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting
Contractor
’
s indemnification of City, and prior to commencement of any services under this Agreement,
Contractor

shall obtain, provide and maintain at its own expense
during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

(a)

General
L
iability
I
nsurance
.

Contractor

shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form

ISO CGL CG
00 01

or equivalent
, in an amount not less than $
5 ,000,000 per occurrence, $
10 ,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “
insured
contract
”

language will not be accepted.

(b)

Automobile liability insurance
.

Contractor

shall maintain automobile
insurance at least as broad as Insurance Services Office form ISO
CA 00 01
,
including “any auto”
and endorsement CA 0025 or equivalent,

covering bodily injury and property damage for all
activities of the
Contractor

arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount
not less than $
2 ,000,000 combined single limit for each accident.

(c)

Workers
’

compensation insurance
.

Contractor

shall maintain Workers
’

Compensation Insurance (Statutory Limits) and Employer
’
s Liability Insurance (with limits of at
least $1,000,000).

(d)

Builder’s Risk Insurance
. Contractor shall maintain Builder’s Risk (Course
of Construction) insurance utilizing an
“
All Risk
”

(Special Perils) coverage form, with limits equal
to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions.

The policy must include:
(1) coverage for any ensuing loss from faulty workmanship, n
onconforming
w
ork, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and

all other properties
constituting a part of the
p
roject; (4)
o
rdinance or law coverage for contingent rebuilding,
demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or
receiving contractor), with sub
-
limits sufficient to insure the full replacement value of any key equipment item; (6)
o
cean marine cargo coverage insuring any
p
roject materials or supplies, if
applicable; (7) coverage with sub
-
limits sufficient to insure the full replacement value of any property or equipment stored either on or off the
project s
ite or any staging area.

If the
P
roject does not involve new or major reconstruction,
then
at the option of
City
, an Installation
Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, m
achinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the w
ork, including during transit,
installation, and testing at the
Project
site.

-
14 -

01007.0006 2165456.3

(e)

Pollution Liability Insurance
. Contractor shall maintain Environmental
Impairment Liability insurance, written on a C
ontractor
’s Pollution Liability form or other form
acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000
in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as
“
covered operations.
”

The policy shall provide coverage for the hauling
of waste from the project site to the final disposal location, including non -
owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using

subcontractors, the
p
olicy must
include work performed
“
by or on behalf
”

of the insured. Policy shall contain no language that
would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insu
rer.

If
C
ontractor maintains broader coverage and/or higher limits than the minimums shown above,
City
requires and shall be entitled to the broader coverage and/or the higher limits maintained by
C
ontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
City
.

5.2 General Insurance Requirements.

(a)

Subcontractors
. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.

(b)

Proof of
I
nsurance
.

Contractor

shall provide certificates of insurance

and
endorsements

to City as evidence of the insurance coverage
s

required herein, along with a waiver
of subrogation endorsement for workers
’

compensation. Insurance certificates and endorsements
must be approved by City
’
s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

(c)

Duration of
C
overage
.

Contractor

shall procure and maintain 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
, its agents, representatives, employees or
subcontractors
.

(d)

Primary/noncontributing
. Coverage provided by
Contractor

shall be
primary and any insurance or self
-
insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umb
rella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non -
contributory basis for the benefit of City before the City ’
s own insurance or self
-
insurance shall
be called upon to protect it as a named insured.

-
15 -

01007.0006 2165456.3

(e)

City
’
s
R
ights
of
E
nforcement
. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will

be promptly reimbursed by
Contractor

or City will withhold amounts sufficient
to pay premium from
Contractor

payments. In the alternative, City may cancel this Agreement.

(f)

Waiver of
S
ubrogation
. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor

or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

Contractor

hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its subcontractors
.

(g)

Enforcement of
C
ontract
P
rovisions
(non
-
estoppel)
.

Contractor

acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor

of non
-
compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

(h)

Requirements
N
ot
L
imiting
. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given cover
age feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the
Contractor

maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for 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.

(i)

Notice of
C
ancellation
.

Contractor

agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

(j)

Additional
I
nsured
S
tatus
. General
and
a
uto
liability policies shall provide
or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability polic
ies.

(k)

Prohibition of
U
ndisclosed
C
overage
L
imitations
. None of the coverages
required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

(l)

Separation of
I
nsureds
. A severability of interests provision must apply for
all additional insureds ensuring that
Contractor
’
s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer ’
s limits of
liability. The policy(ies
) shall not contain any cross
-
liability exclusions.

-
16 -

01007.0006 2165456.3

(m)

Pass
T
hrough
C
lause
.

Contractor

agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in the project by
Contractor
, provide the same minimum insurance coverage and endorsements required of
Contractor
.

Contractor

agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

Contractor

agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

(n)

Agency
’
s
R
ight
to
R
evise
S
pecifications
. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by giving the
Contractor

ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the
Contractor
, the City and
Contractor

may renegotiate
Contractor
’
s compensation.

(o)

Self
-
I
nsured
R
etentions
. Any self
-
insured retentions must be declared to
and approved by City. City reserves the right to require that self -
insured retentions be eliminated,
lowered, or replaced by a deductible. Self
-
insurance will not be considered to comply with these
specific
ations unless approved by City.

(p)

Timely
N
otice
of
C
laims
.

Contractor

shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor
’
s performance
under this Agreement, and that involve or may involve coverage under any of the required liability policies.

(q)

Additional
I
nsurance
.

Contractor

shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an
“Indemnitee”)

from and against all
liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with
Contractor's
performance
of

work
under this Agreement
or its failure to comply with any of
its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal
counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fe es and all
other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the resu
lt of the Contractor’s negligent, reckless or
wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termina
tion of this Agreement.

-
17 -

01007.0006 2165456.3

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without
affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligen
ce is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability i
nvolved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third
-
Party Claims.

City shall timely notify Contractor of the receipt of any third -
party claim relating to the
work under this Agreement.

City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance

and Payment

Bonds.

Concurrently with execution of this Agreement
,

Contractor shall deliver to the City

all of

the following bonds

if the Contract Sum should exceed $25,000
:

(a)

A
performance bond secur
ing

the faithful performance of this Agreement
,
in
an

amount not less than 100% of the total compensation for this Agreement , as stated in Section

2.1 .

(b)

A
payment

bond
, securing the payment of all persons furnishing labor
and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds
shall be on
the applicable

form
s

provided in Exhibit “C”

and Exhibit “D”

attached hereto

and made part hereof
. The bonds shall each
contain the original notarized signature
of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his
/her

power of attorney.

The bond
s

shall be unconditional and remain in force during t
he entire
term of the Agreement

until released pursuant to Section 5.7 hereof.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “
A
-
”

or better in the most recent edition of
Best
’
s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better.

If
the City

determines that the work to be performed under
this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bond s

m
ay be changed accordingly upon
receipt of written notice from the
City
’s Risk Manager
.

5.7 Release of Securities.

-
18 -

01007.0006 2165456.3

City shall release the performance bond and payment bond when the following have occurred:

(a)

Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement;

(b)

the Project has been accepted; and

(c
)

after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved,
Contractor

has provided statutory bond, or otherwise as
required by applicable law.

ARTICLE 6.

RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents r elating to the disbursements
charged to City and services performed hereunder (the
“
books and records
”
), as shall be necessary
to perform the services required by this Agreement and enable the Project Manager

to evaluate the
performance of such services.

Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed.

The
Project Manager

shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor
’
s business, custody of the books and records may be given to City, and access shall be provided by Contractor
’
s successor in interest.

Notwithstanding the
above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager

such reports
concerning the performance of the services required by this Agreement as the Project Manager

shall require.

Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.

For this reason, Contractor agrees
that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein
,
Contractor shall promptly notify the
Project Manager

of said fact, circumstance, technique or event
and the estimated increased or

decreased cost related thereto
.

-
19 -

01007.0006 2165456.3

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “
documents and materials
”
)
prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project
Manager

or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials he reunder.

Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City ’
s sole risk and without
liability to Contractor, and Contractor
’
s guarantee and warranties shall not extend to such use, reuse or assignment.

Contractor may retain copies of such documents for its own use.

Contractor
shall have an unrestricted right to use the concepts embodied therein.

All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

Moreover,
Contractor

with respect to any documents and materials that may
qualify as
“
works made for hire
”

as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed
“
works made for hire
”

for the City.

6.4 Confidentiality and Release of Information.

(a)

I
nformation gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor.

Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager
.

(b)

Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the
Project Manager

or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered “
voluntary
”

provided
Contractor gives City notice of such court order or subpoena.

(c)

If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and

fees, including attorneys
’

fees, caused by or incurred as a result of Contractor
’
s conduct.

(d)

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other disco
very
request, court order or subpoena from any party regarding this Agreement and the work performed there under.

City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding.

Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by

-
20 -

01007.0006 2165456.3

Contractor.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7.

ENFORCEMENT OF AGREEMENT
; DEFAULT
, SUSPENSION

AND

TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of
Los Angeles
, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the
Central
District of California, in the County of
Los
Angeles
, State of California.

7.2 Default of Contractor.

Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contract or for any work performed after
the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or condition
s of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten

(
10 ) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other pr
ovision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7.3 Suspension and
Termination.

(a)

The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days

prior
written notice. Upon receipt of said notice, Contractor shall immediately cease all

work under this
Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or

invalidate the remainder of this Agreement.

(b)

This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the
Project accepted by City
up to the effective date of termination

unless any portion of the Project is
accepted by City after termination in which event Contractor shall be paid for such completed portion.

-
21 -

01007.0006 2165456.3

7.4 Dispute

Resolution Process.

Section 20104
et seq
.

of the California Public Contract Code prescribes a process utilizing informal co
nferences, non
-
binding judicial
-
supervised mediation, and judicial arbitration to
resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The inte
nt of this Section is to implement Sections 20104
et seq
. and Section 9204 of the California
Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures,
“c
laim
”

means a separate demand by the Contractor,
after the City has denied Contractor’s timely and duly made request for payment for ext ra work
and/or a time extension
, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement

and payment of which is
not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:

(a)

Claim Submittal
.

The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede

notice requirements otherwise provided
in the Agreement

for the filing of claims, including all
requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensat
ion or payment thereon.

(b)

Supporting Documentation
.

The Contractor shall submit all claims in the
following format:

(i)

Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.

(ii)

List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other.

(iii)

Chronology of events and correspondence related to the claim.

(iv)

Statement of grounds for the claim.

(v)

Analysis of the claim’s cost, if any.

(vi)

Analysis of the claim’s time/schedule impact, if any.

(c)

City’s Response
.

Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what po
rtion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.

-
22 -

01007.0006 2165456.3

(i)

If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45
-
day period, or extens
ion, expires to provide the Contractor
a written statement identifying the disputed portion and the undisputed portion.

(ii)

Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be re quested and
provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

(iii)

The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that
taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

(d)

Meet
a
nd Confer
.

If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s fail
ure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlem ent of the dispute.

(e)

Mediation
.

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding
mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been
identified in writing, unless the parties agree to select a mediator at a later time.

(i)

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged b y its respective
mediator in connection with the selection of the neutral mediator.

(ii)

For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation

or by
issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

-
23 -

01007.0006 2165456.3

(iii)

Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

(iv)

All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

(f)

City’s Responses
.

The City’s failure to respond to a claim from the
Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is deni
ed by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to
respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

(g)

Government Code Claims
.

If following the mediation, the claim or any
portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900
et seq.

prior to filing any lawsuit against the City. Such
Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed wo
rk, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the

City may be
filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of al
l unresolved claims unless a new unrelated claim
arises after the Government Code claim is submitted. For purposes of Government Code Section 900
et seq
., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and conf er conference or mediation that
does not result in a complete resolutions of all claims.

(h)

Civil Actions for Claims of $375,000 or Less
.

The following procedures
are established for all civil actions filed to resolve claims totaling $375,000 or less:

(i)

Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -
binding mediation unless waived by
mutual stipulation of both parties or unless mediation was held prior to commencement of the
action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court

or by stipulation of both parties
.

If the parties fail to select a mediator within the 15
-
day period, either party may petition the court
to appoint the mediator.

-
24 -

01007.0006 2165456.3

(ii)

If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 114 1 .11 of that code. The Civil
Discovery Act (
Title 4

(commencing with Section 2016
.010
) of Part 4 of the Code of Civil
Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

(iii)

Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed the ir
customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.

(iv)

In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition t o payment
of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.5 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

No delay or omission in the exercise of any right or remedy by a non
-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.6 Rights and Remedies
A
re
Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the other party.

7.7 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, i
n entering into this Agreement,
Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (comme
ncing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement.

This assignment shall be made and become effective at the time the City t
enders final
payment to the Contractor without further acknowledgment by

the Parties.

-
25 -

01007.0006 2165456.3

ARTICLE 8.

CITY OFFICERS AND EMPLOYEES: NON
-

DISCRIMINATION

8.1 Non
-
liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor
’
s performance of services under this
Agreement.

Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the
Project Manager
.

Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which
a
ffects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation.

The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religi on, sex, gender, sexual
orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement.

Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestr y, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8

U.S.C.

1101

et seq.
, as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein.

Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and s
hall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’

fees, incurred by City.

-
26 -

01007.0006 2165456.3

ARTICLE 9.

MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement

shall be deemed to be inserted herein, and the
Agreement

shall be read and enforced as though it
were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to m
ake such insertion or correction.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first
-
class mail, in the case

of the City, to the City Manager
and to the attention of the Project Manager (with her/his name and City title), City of Carson
,
701
E Carson Street
,
Carson,
California
90745

and in the case of the
Contractor
, to the person(s) at the
address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered

or in seventy
-
two (72) hours from the time of
mailing if mailed as provided in this Section.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together co nstitute but one and the
same Agreement. All signatures on bonds must be originals.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties.

It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, an
d none shall be used to interpret this Agreement.

No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council.

The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

-
27 -

01007.0006 2165456.3

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unen forceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid pr
ovision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non
-
Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial inte rest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in v
iolation of any State or municipal statute or regulation.

The determination of
“
financial interest
”

shall be consistent with State law and shall not include interests found to be “
remote
”

or
“
noninterests
”

pursuant to Government Code Sections 1091 or 1091.5.

Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or conseque
nce of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not l imited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement.

Contractor is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreeme nt, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.

[SIGNATURES ON FOLLOWING PAGE]

-
28 -

01007.0006 2165456.3

IN WITNESS WHEREOF
, the parties hereto have executed this Agreement on the date and year first
-
above written.

CITY
:

CITY OF
CARSON
,
a
California charter
city

______________________________

Lula Davis
-
Holmes,

Mayor

ATTEST:

Dr. Khaleah
K
. Bradshaw, City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

_____________________________

Sunny
K.

Soltani
, City Attorney

[pks
; rjl
]

CONTRACTOR
:

R.J. NOBLE COMPANY, a California
corporation

*
By:

____
_
_________________________

Name:
______
_______________________
_

Title:

____
_______________________
___

*
By:

____
_________________________
_

Name:
______
_______________________
_

Title:

_
____
_______________________
__

Address:

15505 E. Lincoln Ave.

Orange, CA 92865

*
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial

Officer or any Assistant Treasurer. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR ’
S
BUSINESS ENTITY.

01007.0006 2165456.3

A
-
1 EXHIBIT A

CONTRACTOR’S BID

01007.0006 2165456.3

A
-
2 01007.0006 2165456.3

A
-
3 01007.0006 2165456.3

EXHIBIT B

SPECIAL REQUIREMENTS

(Superseding Contract Boilerplate)

If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through

and additions shown in
bold and italics
.

[Not applicable]

01007.0006 2165456.3

EXHIBIT C

PERFORMANCE BOND

We,
R.J. NOBLE COMPANY, a California corporation,

as Principal, and ____________, as
Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of exceed
Four Million Nine Hundred Seventy Two Thousand Seven Hundred Fifteen

U.S.

Dollars

and
Seventy Five Cents ($4,972,715.75)
.

City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies
) referenced in said agreement. Surety herein
approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herei
n referenced shall be that document as executed by City and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein pro vided, on Principal's
part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and age
nts, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably es timate as the cost of completing all of
Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should

be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wis e affect its obligation on this
bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

01007.0006 2165456.3

Executed this

day of _________, ____.

Seal of Corporation

_____________

By:____________________________________

Authorized Representative of Principal

Title: _____________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service

of process in California:

( ) _____________________

[name of surety company]

_________________________

____________________________________

Name

Street Number

_________________________

____________________________________

Street Number

City and State

_________________________

____________________________________

City and State

Telephone Number

_________________________

Telephone Number

By:____________________________________

Attorney in Fact or other

Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury
Department), and otherwise meet the
requirements of the agreement.

01007.0006 2165456.3

EXHIBIT
D

PAYMENT

BOND

We,
R.J. NOBLE COMPANY, a California corporation,

as Principal, and ____________, as
Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of
Four Million Nine Hundred Seventy Two Thousand Seven Hundred Fifteen

U.S.

Dollars

and Seventy Five Cents ($4,972,715.75)
.

Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement here
in referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000
et seq
. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the sam e
in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.

If Surety fails to perform within the times specified in the

agreement, Surety shall promptly on
demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy betwee
n Principal and City regarding Principal's failure under the agreement.

Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligatio n
herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq
. of
the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any

way affect its obligation on this
bond, and it does hereby waive notice thereof.

Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.

01007.0006 2165456.3

Executed this _____________ day of ___________, ______.

Seal of Corporation

______________

By:______________________________

Authorized Representative of Principal

Title: __________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service

of process in California:

( ) ________________

[name of surety]

_________________________

_____________________________

Name

Street Number

_________________________

_____________________________

Street Number

City and State

_________________________

_____________________________

City and State

Telephone Number

_________________________

Telephone Number

By:_____________________________

Attorney in Fact or other

Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

01007.0006 2165456.3

EXHIBIT
E

INVOICE FORM

CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, August 4, 2026, 5:00 PM
DISCUSSION 22. To: Honorable Mayor and City Council From: Saron Shiferaw, Senior Clerk CMO Administration Subject: CONSIDER AN UPDATE ON CITY PROJECTS (CITY COUNCIL) I. SUMMARY
This report transmits a monthly ongoing informational update to the City Council, at Mayor Davis-Holmes’ request,regarding various City projects that are underway or will begin soon. Detailed updates on projects are provided inthe following City function areas: Community Development Department (Exhibit 1), Public Works Department(Exhibit 2), Information Technology Department (Exhibit 3), and the Public Safety Department within the CityManager’s Office (Exhibit 4) II. RECOMMENDATION
RECEIVE and FILE this report.

III. ALTERNATIVES
TAKE another action the City Council deems appropriate and that is consistent with applicable laws.

IV. BACKGROUND
The projects included in this report are meant to provide an update on current projects underway and those that willbegin soon.

V. FISCAL IMPACT
The purpose of this item is to provide information only and there is no direct fiscal impact associated with this staffreport. Most of the projects included within this report have fiscal impacts and these expenditures have eitheralready been approved by the City Council or will be presented to the City Council for approval once ready and asneeded. Any item that staff identifies as needing additional or new funding beyond the budgets that were previouslyapproved by the City Council will be addressed separately from this report.

VI. EXHIBITS

1. Community and Economic Development Projects

2. Information Technology and Security Projects

3. Emergency Management and Public Safety Projects
Attachments
Community and Economic Development Projects
Information Technology and Security Projects
Emergency Management and Public Safety Projects

COMMUNITY & ECONOMIC DEVELOPMENT

PROJECT STATUS REPORT
August 4, 2026

CITY COUNCIL

Page 1 of 20 ends

Planning Division
# Name Description Status
1 D1

Envision Carson
Apartments
Manhattan Square
Townhomes
21207 S. Avalon Blvd. Existing: 27.31 acres. Proposed:
1,115 residential dwelling units (consisting of 351
townhomes, 764 apartments), 10,000 square feet of
restaurant area, and 111,581 square feet of publicly
accessible but privately maintained open space
Temporary CofO issued for model
homes. Grand opening occurred July 11,
2026

Under Construction - Estimated
completion 24 months.

Apartments product A -B in plan check
for building plan check. Building C -D
building submittal forthcoming.

Amended and Restated DA and
assignments completed June 24, 2026

Remaining phases of Townhomes in
plan check – revisions to solar, rails,
retaining walls. First phase anticipated
mid-September

Six-month deferral issued on signal COA
on April 6 to allow temporary CofOs for
townhome product.

Grace Avenue improvements required
prior to first CofO for any building. Staff
met with PW team to discuss. COA
cleared.

Reimbursement agreement for Lennar
approved.

Amended and Restated Development
Agreement approved by City Council
April 7, 2026.

Waiting on Grace Ave. encroachments.

Completing reimbursement agreement
review process for Lennar.
2 D4

Carson Triangle
Kott property at
Avalon and 213th St.
21140 S. Avalon Blvd. Existing: automobile
dealerships and vehicle storage. Proposed: 315 -unit
residential project including 283 townhomes and 32
Affordable housing covenant executed.

Faring to develop affordable parcel

Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 2 of 20 ends

Planning Division
# Name Description Status
very low-income affordable rental units on 14 acres.

No proposal has been received on the remaining
parcels
Under Construction - Estimated
completion 20 months. Demolition
complete

Building permits stamped ok to plan
check only on April 6. Outstanding COAs

Final Map in Progress – recordation
pending provision of adequate
recreation amenities, drainage
easement declaration, and other COAs.

3 D1

The District Specific
Plan Amendment
Carson Goose
Owner LLC
Cells 3, 4 and 5.

Existing: Former landfill. Proposed: Cells 3, 4 and 5
will contain 1,567,090 square feet of light industrial
development including 75,000 square feet of office
space and approximately 12 acres of publicly
accessible but privately owned and maintained open
space community amenity areas and 10,000 square
feet of commercial/retail uses, 12,600 square feet of
restaurants
In Plan Check
(Specific Plan Planning Areas 3)
Lenardo Street improvements – second
plan check for rough grading approved,
structural footings, traffic signal
location adjustments review in
progress, and Del Amo median
improvements in plan check with public
works – planning approved.

Under Review, Specific Plan
Amendment, Amended and Reinstated
DA, and related applications by staff and
CAO. Item is scheduled for Planning
Commission public hearing on August
11, 2026
4 D2

Kim Family Trust 21240-21250 Main St. Existing: Vacant lot. Proposed:
19-unit market rate apartment consisting of two
separate three-story buildings with at grade parking
Under Construction
5 D2

Golden State
Alliance, LLC
138 W. 223 rd St. Existing: Single Family Residence.

Proposed: Ten (10) attached condominiums
consisting of two separate buildings with all market
rate units, at grade 2 car garages, guest parking and
private driveway
Closed due to inactivity.
6 D1

Chevron 17453-17455 Central Ave. Existing: Chevron service station with McDonald’s restaurant. Proposed: Add a
new self-service car wash
Approved by Planning Commission

7 D3

21611 Perry Street
LLC
21611 S. Perry St. Existing: Vacant lot. Proposed: Self storage facility comprised of approximately 120,000
SF in a mix of one and two-story buildings and a 5,000
Approved. Residential application for 62
units was approved by Planning
Commission and City Council . DA fully
executed on 9/15/25. Agreement to
Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 3 of 20 ends

Planning Division
# Name Description Status
SF retail component. New application submitted
requesting 62 residential condominium units
Conditions executed on 9/15/25. Site is
subject to a CLRRA agreement.

Site is subject to a CLRRA agreement.

Deposit replenishment on 7/21/25.

Faring is transferring property to Lennar
May 2026 (pending) . Lennar will
coordinate cleanup with DTSC through
CLRRA process. Cleanup has not started.

Construction schedule pending
approval of Remediation Action Plan by
DTSC.

Lennar must assume DA and
establish reimbursement agreement.
8 D2

Carson Main Street
LLC
20601 S. Main St. Existing: Vacant lot (formerly KL
Fenix). Proposed: Three industrial buildings
comprised of approximately 256,000 square feet
including 137,000 square feet of warehouse, 92,000
square feet of manufacturing, 23,000 square feet of
office, and 4,000 square -
foot retail pad with 419
parking spaces, 18 dock doors, 6 at grade doors, and
3 trailer stalls
Approved. Pending plan check submittal
9 D3

Watson Land 2277 E. 220th St. Existing: two -story office buildings.

Proposed: One 58,937 SF industrial building with 73
parking spaces and 12 dock doors. Development
Agreement requesting increase in FAR from 0.4 to 0.5
Under construction Planning
Commission approved on 11/25/25.

10 D4
Prologis 24760 Main St., Permit trucking activities (existing building) within 100 feet from residential properties
Complete

11 D4

LiT 9th St. 223rd
Carson LP
2104 E. 223 rd St. Existing: Former Poly One
Corporation facility. Proposed: one industrial building comprised of approximately 130,000 square feet
including 124,324 square feet of warehouse, 5,000
square feet of office, 5,000 square feet of mezzanine
with 122 parking stalls and 15 dock doors
Construction complete.
12 D3

BSREP III
Dominguez, LLC
2001 E. Dominguez St. Existing: Western Tube &
Conduit Corporation. Proposed: one industrial
building comprised of approximately 424,000 square
feet including 408,990
square feet of warehouse,
15,000 square feet of office with 283 parking stalls,
136 trailer parking stalls and 68 dock doors
Complete

13 D3

California Water
Service Group
21718 S. Alameda St. California Water has completed
construction of a new groundwater production well
to provided potable water to the public. Water
quality of a new well has been established and has
provided design parameters for the future onsite
In Plan Check. Revisions submitted

Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 4 of 20 ends

Planning Division
# Name Description Status
improvements. A new building will be used to house
the well appurtenances, electrical, controls and
pumping equipment. The preliminary building will be
approximately 1,000 square feet
14 D4

Avocet Battery 23320 Alameda. Existing: Aggregate recycling center.

Proposed: A 200 -megawatt Battery Energy Storage
system on an approximately seven-acre site that will
help augment Edison during power shortages
Approved. In Plan Check. Conditions
under review. AMMR approved. CAO
confirmed License Agreement is not
needed since applicant has an
agreement with railroad for
encroachment purposes. All required
fees paid. In Plan check for landscape,
grading, demolition, and walls.

Demolition plans approved.
15 D1

Ormat for VESI 18800 Broadway. Existing: Industrial/topsoil supplier operation. Proposed: A 100-megawatt Battery
Energy Storage system on an approximately three-
acre site that will help augment Edison during power
shortages
Under Review. Community meeting
held in January 2026. To ensure
community participation, second
community meeting held on 2/10/26.

Project was deemed complete. Item
scheduled for 3/10/26 PC public hearing
meeting and PC approved denial in 5 -2
vote. An appeal to be heard by the CC
was submitted on 3/23/26. Under
review.

Appeal heard on 5/5/26.

Approval resolution with DA additional
community benefits/point of sale & 1
st
reading of DA approval ordinance
occurred on 5/20/26. 5/20/26 CC in 3-2
vote restored DA to original with CC
community benefits and applicant’s
defined point of sale. On 6/3/26, the 2nd
reading ordinance was adopted.
16 D2
Chris Barker 605 W. 228 th St. Proposed closure of existing Ocean Villa mobile home park
PAR considered withdrawn (inactive)
17 D1

Carson TH 18101 Avalon Blvd. Existing: Religious institution.

Proposed: A 30-unit condominium development
Project Closed April 4, 2026, d ue to
inactivity
18 D2

Maupin
Development
215 W. Carson Street. Existing: 64,500 SF (4 lots),
comprised of 3 single-family homes, storage sheds
and an unpaved empty lot. Proposed: 35 Townhomes
– two floors over parking; 29 units/3 bedrooms; 6
units/2 bedrooms with common and private open
space
Approved. A pplicant working with
Engineering to schedule Final Map to
CC. Landscape in plan check

19 D1

Anastasi 336 E. Carson Street. Existing: 90,000 SF (lot), formerly a collection of automotive repair businesses
within two multi -tenant buildings measuring a total
Approved. A pplicant working with
Engineering to schedule Final Map to
CC. New property owner/developer
Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 5 of 20 ends

Planning Division
# Name Description Status
of 40,000 SF. Proposed: 50 Townhomes – two floors
over parking; all 3 bedrooms/2 baths with common
and private opens space
obtained approval for a o ne-year
extension of time application.
20 D4

Infinity CF, LLC 23820 Avalon Blvd. Existing: Former Scottsdale Discount Center building. Proposed: Two lot
subdivision with a proposed Starbucks on one parcel
and a carwash on the other
Construction complete.
21 D2

DOR 1959-24, TTM
1000008-24
21135 ½ Bolsa Ave., Eight (individual) single-family
residences (SFR)
Concurrence letter signed. On 12/9/25
Planning Commission continued the
matter. Community meeting held
6:30PM on March 4, 2026, at Carson
Park Activity Room . Follow-up
Community Meeting required.

Applicant preparing redesign in
response to community concerns.

22 D2

Vinfast 2009 East 223rd St. Vinfast electric car showroom, service center, and car storage for delivery to
customers
Site vacated (business decision). Vinfast
has submitted a letter to the City stating
they will be vacating the site by end of
June 2025. 07/29/25 staff conducted a
site visit, confirmed unoccupied, and
noted the property is for sale.
23 D2

SyWest 20100 Figueroa St. (placeholder address 20151 Main St.) Specific Plan, General Plan Amendment,
Development Agreement, DOR for development of a
big box user and associated retail
Under Review
The preparation of the Specific Plan and
technical studies for the DEIR are
underway.
24 D4

Carson Hospitality
Group Inc.

888 E. Dominguez St. Existing: Vacant restaurant.

Proposed: Marriot TownePlace Suites Hotel and new
bar/lounge, (111 key) and Tentative Parcel Map
(TPM) to split one lot into two so that the new hotel
Hotel development project
withdrawn/closed out. Plan Check for
the new hotel expired. Applicant
allowed entitlement to expire. Related
Tentative Parcel Map (TPM) approved.

Applicant moving forward with TPM.
25 D4
Target 20700 Avalon Blvd. Drive-up spaces

Under Construction /Awaiting Final
Inspection
26 D4
Air Products

23300 Alameda St. Hydrogen Pipeline Approved

27 D2

Birch Specific Plan 21809-21811 S. Figueroa St. Existing: Residential structures. Proposed: 4-story, 32-unit condominium
development with public seating & public art
Partially constructed and going through
ownership change. Construction
expected to restart mid-2025
28 D1

Argo Warehouse 439 W. Gardena Blvd. Existing: Vacant lot. Proposed:

New 3,754 SF warehouse
Under Construction

Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 6 of 20 ends

Planning Division
# Name Description Status
29 D4

Mobile Mini 22632 S. Alameda St. Construction of a cargo container storage facility that will consist of three
modular office units and a maintenance canopy
structure on a 14-acre site
Complete
30 D4

Air Products

23000 Alameda St. Existing: Industrial gas supplier.

Proposed: Construct a new 2,626 SF modular bldg.
with parking lot at the existing facility
Approved. In Plan Check
31 D4
Live Wire EV
dealership
20507 Belshaw Ave. EV Motorcycle Dealership (Live
Wire)
Approved. Operating
32 D4

Petroleum Tanks 2365 E. Sepulveda Blvd. Installation of two petroleum tanks at an existing tank farm. Capacity
increasing from 22 to 24 storage tanks
Under Construction
33 D4
AT&T Monopine
Foisia Park
23410 Catskill Ave. Wireless Communication
antenna
On Hold
34 D4
Hyundai Dealership 2201 E. 223rd St. Existing: Car dealership. Proposed:

New Service Building
Under Construction

35 D2

Grace Orthodox
Presbyterian Church
22511 Figueroa, A request for approval of a
Tentative Parcel Map to subdivide a 1.59-acre parcel
into two parcels
Approved
36 D1

South Bay Fleet
Specialist
17126 S. Broadway St. Conditional Use Permit to
operate an auto body and paint shop including a
paint spray booth located inside the existing
building.

Approved. Monitoring completion of
conditions of approval
37 D1

ASPCA Animal Clinic 16300 Figueroa St. Existing: Vacant occupancy.

Proposed: Animal Clinic development on an
industrial site
Under Construction
38 D1

PowerPlay Pickleball 19401 S. Main St. Existing: Industrial building.

Proposed: Redevelop site with a pickleball facility.

This is a three-phased project. Interior tenant
improvement: Indoor court and commercial areas
(Phase 1), clubhouse (Phase 2) and outdoor courts
(Phases 3). Commercial (10,264 SF) and court area
(30,663 SF)
Phase 1:

Ten (10) Indoor Courts
Status: Built
Commercial (10,264 SF) consists of office, retail,
employee areas, podcast studio, athlete recovery
rooms, and seating area for juice bar portion
Status: Under construction
Phase 2:
6,878 SF Clubhouse includes a restaurant
Status: Approved
Phase 3:

Twenty-one (21) Outdoor Courts
Closed. Business was closed by business
owner.

Phase 1: Ten (10) Indoor Courts
Status: Built
Commercial (10,264 SF) consists of
office, retail, employee areas, podcast
studio, athlete recovery rooms, and
seating area for juice bar portion
Status: Under Construction
A temporary certificate of occupancy
(TCO) was issued while awaiting
completion of the second-floor space.

Phase 2: 6,878 SF Clubhouse includes a
restaurant has been approved by
Planning for obtaining permits.

Phase 3:

Withdrawn.

Applicant is not in business anymore.

Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 7 of 20 ends

Planning Division
# Name Description Status
Status: Under Review
39 D1

16325 -16407 S

MAIN ST
Renovate an existing 159,373 SF industrial building
on a 5.88-acre site including removing approx. 6,503
SF of existing office/mezzanine/warehouse space,
exterior building facade improvement, interior
tenant improvement and site and landscaping
improvements. After renovation, the new building
footprint will be reduced to approx.138,616 SF. The
project also includes a lot line adjustment of the
parcels
Approved
40 D1

KB Home 427 E. 220th St. Willow (formerly Cambria Ct.)
Existing: Residential structures. Proposed: 35-unit
condominiums designed as 2-story detached homes
Construction complete.
41 D2
22511 Figueroa St. Specific Plan, DOR, Zone Change for 28-unit residential apartment development on a .69-acre lot
Under Review
42 D4

Carson Companies 1281 E. University Dr. at the northwest corner of University Dr. and Central Ave. Existing: Vacant site.

Proposal: 5-acre retail center development with
approx. 29,000 square feet of retail shops, 11,300
square feet of restaurant space, 25,500 square foot
Boys and Girls Club
Under Review
43 D4

Shippers 1150 E. Sepulveda Blvd. Existing: 20AC lot in the Manufacturing Heavy, GP Heavy Industrial zone.

Proposed: Request approval for a conditional use
permit for truck parking, cargo container storage
yard, installation of (4) modular enclosures with 5
standard vehicle parking spaces
Under Review, pending resubmittal. Site
vacated per settlement agreement.
44 D1

Dutch Bros. 20377 Avalon Blvd. Existing: Former Pizza Hut.

Proposed: 950 SF coffee business with drive-
through.

Approved. Demo/Grading in Plan Check
Building.
45 D2
Cal-Water 410 W Carson St. Updating and adding new
equipment at an existing Cal Water facility
Formal submittal is pending
46 D2

McDonalds Drive-
Through
Preapplication
Review (PAR)

22309 Main St. Existing: Vacant Proposed: PAR
conceptual review of a 3,694 SF drive-through
restaurant
Pre-application Review completed
47 D1

Carson Plaza Façade
Improvement
615 E University Dr. Existing: Multi-tenant
commercial center Proposed: Commercial façade
improvement of an existing retail plaza
Approved. Under Construction
48 D1

Woojin Is. America
Inc.

130 W. Victoria St. Existing: Industrial site. Admin
DOR, tenant improvement (TI). Proposed:

Refurbishing facility that provides transit vehicle
assembly for Metro trains at an existing industrial
building site
Approved. Under Construction
Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 8 of 20 ends

Planning Division
# Name Description Status
49 D1

Haro Property 20715 Avalon Blvd. Existing: Multi-tenant office building with retail and restaurant; Proposed:

Hawaiian BBQ restaurant with drive through
On Hold ( Interim Urgency Ordinance
Moratorium Drive-through Restaurants)
50 D1

Rain for Rent 400 & 436 W. Walnut St. Existing: A warehouse & office building. Proposed: Demolish the warehouse
and develop equipment rental yard (400) and retain
the office (436) building with site and landscape
improvements throughout both parcels (new
landscaping, pavement, construction of an 8-foot-
tall perimeter wall, add a new driveway, interior
tenant improvements to support the operation of
the equipment rental company)
Withdrawn
51 D1

404 E. Carson St. 404 E. Carson St. Existing: Samoan Federation Building, Proposed: Three-story, podium style
mixed-use residential & commercial development
(rental). Three 2-bed/2-bath townhouse units, two
1-bed/1-bath flats, and four studio units totaling 9
units built over ground floor level 752 SF commercial
retail space and parking area on a 9,772 SF (0.22 AC)
lot
Under Review, pending resubmittal
52 D2
316 W. 214th St 316 W. 214th St., Existing: Single-family residence Proposed: 4 rental units
Under Review
53 D1

SUR Auto Body 510 E. Alondra Blvd. Existing: Multi-tenant Warehouse 16,840 SF Proposed: Building 2 (approx.
7,200 SF), change use from warehouse to an auto
body repair business located on a 0.90 AC lot
Under Review
54 D3

Crown Castle 21350 Alameda St. Existing: Wireless
communications facility (cell tower) Proposed:

Major modification to conditions request for
extended expiration date
Approved
55 D3

Porsche Engineering
U.S.
1154 Annalee Ln. Existing: Warehouse Proposed:

Porsche Lithium Battery Evaluation Facility
Approved. Fire determined the amount
(one to two EV batteries per month) is
not considered to be hazardous
material, so no CUP is required.
56 D4

A Better Tomorrow 20630 Leapwood Ave., Unit F Existing: Multi-tenant Industrial Condo center. Proposed: Social Services
Office replacing former office use
Complete

57 D1

KL Fenix 19204 Figueroa, Existing: Warehouse. Proposed:

New 83770 SF warehouse/office building with 6
dock doors replacing existing structures
Under Review
58 D1
J&J Carson, LLC 100 Carson Mall, Existing: 1 parcel. Proposed:

Subdivide 1 parcel into 3 parcels
Approved
59 D1
ECM Management 18001 Main St. Proposed: New 60558 SF speculative warehouse building
Complete
Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 9 of 20 ends

Planning Division
# Name Description Status
60 D2

Maupin
Development
438 W. Carson St. Existing: Credit Union Bank;
Proposed: Acquire a portion of the property to build
a 51-unit condo development with related site
improvements. The bank remains as located.

Approved. Next step: applicant work
with Transtech Engineering and
Engineering Services and for Final Map
61 D1
Manilla Sunrise
Restaurant
21828 Main St. Existing: Restaurant Proposed:

Kitchen addition
Under Review, pending resubmittal
62 D4
Hyundai / Chevrolet
Dealership Lot Split
2201 E. 223rd St. Proposed: Lot split. Division of a
single lot containing two existing new car
dealerships, Carson Hyundai and Carson Chevrolet.

Approved
63 D1

125 W. 219th Pl. Lot
Split
125 W. 219th Pl. Proposed: Lot Split of a single parcel between two single family residences
Approved. Next step: applicant work
with Transtech Engineering and
Engineering Services for Final Map
64 D1
Carson Plaza Sign
Program
Modification
603 E. University Dr. Proposed: Sign Program
Modification
Approved
65 D1

Auto
Collision/Repair
16200 Main Street. Existing Light Industrial Building,
Proposed: Change use from
warehouse/manufacturing to auto collision/repair
Approved
66 D1

Rexford Warehouse
Pre-application
Review
1065 E. Walnut St., Existing: 143,640 SF warehouse;
Proposed: Demolish the existing warehouse and
construct a new 135,760 SF industrial building
(127,760 SF warehouse space and 8,000 SF ground
floor/mezzanine office space) with associated
loading, parking, and landscaping areas.

Complete
67 D1

2 Luv One Another 520 E Carson Plaza Ct Unit 104 Existing Multi-tenant Office Building. Proposed: social service center to
replace a former medical office
Complete
68 D3

1443 E. Carson St 1443 E. Carson St. Proposed: Demo an existing house and construct a 13-unit multifamily
apartment and associated Tentative Parcel Map
(TPM)
Due to inactivity, application is pending
closure by staff.
69 D2

20920 Jamison Ave. 20920 Jamison Ave. Existing: Single-family residence Proposed: Build two new single-family residences
Approved, in plan check
70 D3

Papadakis
Engineering
20909 S Brant Ave. Existing: Papadakis Racing +
Engineering Division provides prototype Fuel Cell
System (testing); Proposed: CUP for storage of
Bottled Hydrogen on site for intermittent testing
process of new prototype Fuel Cell System (RSOC)
Withdrawn
71 D3

Preapplication
Review (PAR)
2320 E. Dominguez St. Existing: Proposed:
“Dockzilla” Relocate and install new dock high
modular building (33,600 SF) including new
foundations, building slab, & necessary electrical,
mechanical, and plumbing
Completed
Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 10 of 20 ends

Planning Division
# Name Description Status
72 D2
Target (South
Carson)
651 W. Sepulveda Blvd. Existing: Target Proposed:

Façade improvement and remodel signage
Approved
73 D2
United Oil
Convenience Store
Remodel
22235 Figueroa St. Updated Façade, Interior
renovation, and exterior repairs/maintenance
Approved, awaiting plan check
submittal
74 D3

Promise Energy
BESS
2011 E Carson St. Installation of new 368.64-Kilowatt
BESS system and related new inverters to be
integrated with an existing photovoltaic (solar)
system
Under Review, pending resubmittal
75 D3
Lamberton Truck
Yard
20915 Lamberton Avenue. Existing: Vacant
Proposed: truck yard.

Under Review, pending resubmittal
76 D3

CenterPoint 2850 E. Del Amo Blvd. Existing: 264,000-square-foot warehouse building Proposed: Redevelop 19.18 acre
with a new 154,351-square-foot concrete tilt-up
building, truck yard, container/trailer storage, and
related site improvements.

Under Review, pending resubmittal
77 D4

Phillips 66 1520 E. Sepulveda Blvd. Existing: Phillips 66 refinery Proposed: Diamond Gateway Project. Demolition,
remediations, and redevelop 223-acre site with six
(6) new tilt-up industrial buildings with ancillary
office uses. Three of the proposed industrial
buildings would include cross-docks. Specific Plan
and EIR required.

Under Review . Staff comment letter
sent to applicant, CAO, and City
environmental consultants. Draft
Specific Plan pending resubmittal

NOP is in progress. S coping meeting
held Wed., April 29, 2026 . NOP initial
public comment period April 13-May 12
was extended another 30 days ending
on June 12, 2026 . Responses to
comment letters are being completed.

High level list of agencies that
submitted comments: DTSC, Water
Board, SCAQMD, Caltrans, Port of LB, LA
County Sheriff, UP RR, LAUSD
78 D1

Avalon West 21243 Avalon Blvd. and 640 E. 213th St. Proposed:
157-unit condominium project (17 deed-restricted
very low income HH units, and 140 market-rate
units)
Under Review , pending traffic scoping
memo submittal and TPM resubmittal
79 D1

North Carson
Residences
1760, 1762, 1800 E. Glenn Curtiss St., 18701
Wilmington Ave., and 1815 University Dr. Existing:

Business Park facilities Proposed: 396-unit multiple-
family development (356 market-rate townhomes
and 40 affordable housing rental units)
Under Review
80 D3
Dominguez Pizza 2653 E. Carson St. Construct a new two-story, 4,445 SF mixed-use building containing a restaurant at
ground level and three rental units above. Also
requesting reduction in required parking spaces.

Under Review, pending resubmittal
Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 11 of 20 ends

Planning Division
# Name Description Status
81 D2

Preapplication
Review (PAR)
KB Homes
23529 Figueroa St. PAR proposal to demolish a
storage facility and redevelop site with a new gated
82-unit condominium designed as townhomes.

Review completed and response letter
provided.
82 D1

18700 Broadway 18700 Broadway. Transloading company proposing to demolish the existing building, have outdoor
storage, and related parking improvements.

Under Review
83 D1
18121 Broadway Renovation of 4-unit warehouse building and parking lot
Under Review
84 D1
Tower Mobility LLC 19204 Figueroa, Existing: Warehouse. Proposed:
privately-owned EV fleet dispatch hub operation
Under Review, pending resubmittal
85 D1
Carson Court
Apartments by AMG
Land
520 E. Carson Plaza Ct., Existing: Multi-tenant office
building. Proposed: 5-story podium style building
over grade-level parking, Residential Density Bonus
and 100% affordable housing project: multi-family
residential rental containing 123 units including the
manager’s unit
Under Review, entitlement application
initiated.
86 D4
Carson Civic Center
Specific Plan
Propose a Specific Plan for the Carson Civic Center
campus redevelopment
1/6/26 City Council approved
87 D3

Preapplication
Review (PAR)
Nathan Battle
21111 Wilmington Ave. Pre-application review.
(Conceptual) Proposing construct a 52,500 SF
warehouse containing 5,000 SF front office area
including mezzanine, eight (8) loading doors and one
drive-in door.

Complete
88 D4

Preapplication
Review (PAR)
Pacific Industrial
2403 E 223rd St. Pre-application review. Existing:

Vacant. (Conceptual) Proposing to redevelop an
approximately 4.2-acre site with a private, fleet-
oriented electric vehicle charging facility
Complete
89 D2
Preapplication
Review (PAR)
LA County
Sanitation
21024 Main Street. Pre-application review. Existing:

Small structure identified as an existing pumping
plant and generator. (Conceptual) Proposing new LA
County Sanitation pumping plant, small building
above ground, and major underground work.

Complete
90 City of Carson Proposed Ordinance to satisfy HCD requirements to Certify the City’s Housing Element
Approved at the May 13 th Planning
Commission and the June 3 rd City
Council meeting. 2 nd Reading approved
on June 17, 2025. June 18, 2025, the
signed Ordinance was provided to HCD.

On June 25, 2025, received HCD HE
certification letter.
91 City of Carson Carson 2040 General Plan Update, the Housing Element update will be presented to the Planning
Commission in January and to the City Council in
February to meet the state mandated deadlines

HCD approved. City has completed
necessary rezones to address the
shortfall of sites to accommodate the
Regional Housing Needs Allocation
(RHNA). Staff worked with HCD to make
necessary revisions to the City’s zoning
Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 12 of 20 ends

Planning Division
# Name Description Status
code and obtained the City’s Housing
Element certification. The
implementation of the General Plan and
the Housing Element are ongoing
92 City of Carson Phase 1 Comprehensive Zoning Code Update to implement the General Plan.

NOTE: Phase 1 excludes the non-residential portions
of the code which will be prepared and presented
later as Phase 2
Approved by Planning Commission
and City Council
93 City of Carson Phase 2 Comprehensive Zoning Code Update to implement the General Plan.

NOTE: Phase 2 includes non-residential portions of
the code
In Progress
94 City of Carson Refining the Zoning Code - Amend Noise Ordinance and Noise Element for consistency purposes
On February 17, 2026, Approved by the
City Council. Planning Commission
recommended approval to City Council.
95 City of Carson Focused sign ordinance amendment proposing to update and clarify on-site, business signage-related
code sections.

Under Review. On June 24, 2025, the
Planning Commission continued the
item.
96 City of Carson General Plan Amendment to request Safety Element Update in order recognizing the City of Carson Local
Hazard Mitigation Plan as approved by the California
Governor’s Office of Emergency Services (Cal OES)
and the Federal Emergency Management Agency
(FEMA) and to amend the safety element of the
general plan to incorporate the city's 2024 Local
Hazard Mitigation Plan in accordance with Assembly
Bill 2140
Approved.

On March 25, 2025, approved by the
Planning Commission; and approved by
the Council on April 1, 2025.

On June 17, 2025, the related GPA was
continued by the Council to September
2, 2025.

Approved by Council on
September 2, 2025.
97 City of Carson Urgency Moratorium Carwash In Progress . City Council approved extension.
98 City of Carson Urgency Moratorium Drive-through Restaurants In Progress. City Council approved 45 - day moratorium. CC Approved Urgency
Ord. No. 26-2604U extension request on
3/3/26
99 City of Carson Artificial Turf Ordinance for all residential uses only In Progress 100 City of Carson Proposed amendment allowing administrative approval of tract and parcel maps for condominium
purposes (Subdivision Ordinance)
Presented to the Planning Commission
(PC) 2/25/25, PC approved
recommendation for City Council
adoption, Continued by City Council. On
June 17, 2025, Ordinance Second
Reading approved by City Council
101 City of Carson Zone Text Amendment to consider approving various amendments to the text of the City’s Zoning
Ordinance related to the Community Development
June 10, 2025, Planning Commission
recommended approval; Ordinances
presented to the City Council on July 1,
Community & Economic Development Project Status Report
August 4, 2026

CITY COUNCIL

Page 13 of 20 ends

Planning Division
# Name Description Status
Director approval authority and requirements and
City Council review procedures
2025. Second Reading approved by City
Council
102 City of Carson Consider approval of Resolution regarding authority for certain Density Bonus applications to the City’s
Community Development Director with the
concurrence of the City Manager

June 10, 2025, Planning Commission
approved Resolution No. 2889 and
ratified adoption and execution of the
PC Resolution with the corrected title as
a Consent item on June 24, 2025.
103 City of Carson Prohibition of storage of hazardous materials Completed. Matter including n ew buildings in industrial zone over 5,000
square feet requiring a CUP held at April
5th City Council meeting, continued off
calendar by City Council Subcommittee
has met with the business community
and has obtained their input
Approved by City Council. Staff notified
over 2,000 business that are potentially
affected by the ordinance and would
require submittal of an application for
Director’s Permit. Staff received
applications from businesses. Next step
is to issue an RFP to hire an inspection
consultant. RFP prep complete, staff
working with City Attorney’s office

104 City of Carson Short Term Rentals A subcommittee meeting was held, and Subcommittee provided direction to
staff. Public Safety lead. City Attorney’s
office will be drafting the ordinance.

COMMUNITY & ECONOMIC DEVELOPMENT

PROJECT STATUS REPORT
August 4, 2026

CITY COUNCIL

Page 14 of 20 ends

Real Property Services Division

Effective July 1, 2026, the former Special Projects Division within the Community & Economic Development Department and the Housing Division within the City Manager’s Office were consolidated into the newly established Real Property Services Division under the Community & Economic Development Department.

The Real Property Services Division advances City priorities through housing implementation, redevelopment initiatives, public-private partnerships, grant -funded projects, and innovative financing tools that support Carson's long-term economic, environmental, and community development goals. Below is the status of report for the Division’s projects.

Real Property & Development (Publicly Owned Properties) # Subject Description Status

1 D2
20280 S. Main Street
(Main & Torrance)
Ongoing pre-development activities
to facilitate future affordable
housing development.

Environmental due diligence is underway to
evaluate feasibility of future affordable housing
development; Phase 2 Environmental
Assessments are in progress with sampling taken
at the end of June 2026.

2 D2
526 W. Carson &
21704 S. Figueroa
(Carson & Figueroa)
Ongoing pre-development activities
to facilitate future affordable
housing development.

Environmental Site Assessment work underway to
determine viability of future affordable housing
development; Workplan submitted 06/04 and
approved 07/20.

3 D4
24205 S. Avalon
(Former Domenick’s
Pizza)
Acquired property for affordable
housing for Veterans.

The property has been secured and boarded to
deter unauthorized access and encampments, and
the locks have been replaced. Due to the age of
the building, lead -
based paint and asbestos
inspections are required before demolition can
proceed. Bid requests for the necessary
environmental services, including the asbestos
inspection, have been issued.
4 D4
Cell Tower Foisia
Park Lease
Existing cell tower lease on park
property.

Staff periodically review proposals from
telecommunications providers related to lease
extensions, easements, and potential new tower
installations.

5 D3
Friendship Mini Park
Site Expansion
Successfully was awarded $1.43
Million from LA County Regional
Park and Open Space District
(RPOSD)
The City and Marathon met on 7/23 to discuss to
purchase the former BP Arco site for expansion for
Friendship Mini Park.
6 D2
Reflection’s Mini
Park
Passive mini -park consisting of
19,000 sq. ft. adjacent to a
proposed residential project at
21135 (1/2) Bolsa Avenue.

As the first step in the disposition process, the City
declared the property exempt surplus on July 21.

Brownfield/ Environmental Site Assessment & Remediation (Privately Owned Properties, Grant Funded) Community and Economic Development Project Status Report August 4, 2026

CITY COUNCIL

Page 15 of 20 ends

# Subject Description Status
1 D2
Sywest
Development –
20151 S. Main Street
Site assessment to determine
lateral extent of former landfill for
redevelopment purposes.

Council previously approved a License Agreement
for access to LADWP property. Revised boring
locations were approved due to conflicts with
existing pipelines, with field work scheduled for
August 12-13.
2 D1
Alma Backyard
Farms – 17505 S.

Main Street
Proposed urban farm by
community-based non-profit group
providing fresh produce,
educational programs, workforce
training, and healthy food access.

With City support for site selection and
environmental due diligence, Alma Backyard
Farms acquired a Carson site for a new urban
farm. Site design is underway and includes a
learning lab, teaching kitchen, raised beds, farm
stands, and community spaces. Planning Division
will lead project review process.
3 D1
Victoria Park Plaza
(Chinollo’s Pl aza) –
18409 S. Avalon
Dry Cleaner property created
groundwater contamination . City
assessing extent of contamination.

Sampling and Analysis Plan submitted to EPA for
review. Once approved, monitoring well
development to commence.
4 D2
Former Burgeno
Drums Property –
229 W. Francisco
Street
City assisting with environmental
assessment and marketing of long -
vacant “Burgeno Drums” parcel to
attract prospective buyers.

Phase I Environmental Assessment finalized.

Phase II recommended and to begin in the
upcoming weeks.
5 D1
404 E. Carson The site contains a vacant
community‑serving building and is
planned for mixed ‑use
redevelopment with housing and
commercial space.

A Phase I Environmental Assessment was
completed using EPA grant funds for the property
owner, and the site was determined to be suitable
for redevelopment.

Commercial Façade Improvement Program co-review with Planning Division (City funded, Owner Match) # Subject Description Status
1 D1
Victoria Park Plaza

Prospective Façade Loan Applicant
& Round 1 Grant Applicant
Staff is coordinating with the property owner and
contractor to begin construction for CJ Wing's
Round 1 Façade Improvement Program grant.

Construction is anticipated to start in late August.

Staff is awaiting the remaining documentation to
process the loan for the plaza-wide remodel.
2 D4

Walmart Plaza

Prospective Façade Loan Applicant Multiple outreach attempts to the property owner regarding façade loan program participation have
received no response.
3 D1
302 E. Carson street

Awarded Round 1 Grant Applicant Funding agreement fully executed; planning approval and building permits obtained.

Requested submission of DAS -140 forms prior to
commencement of onsite work to ensure
compliance with applicable apprenticeship
requirements.
4 D3
East Carson Plaza
1329 to 1347 E.

Carson Street

Awarded Round 2 Grant Applicant Funding Agreement fully executed. The next step is the Notice to Proceed for design to allow
drafting of architectural plans, the Admin -DOR
application will be submitted after.

Community and Economic Development Project Status Report August 4, 2026

CITY COUNCIL

Page 16 of 20 ends

5 D1
219th and Avalon

Awarded Round 2 Grant Applicant The applicant is currently out of the country. Upon return, staff will work with owner to continue
moving the project forward.
6 D2
Ding Tea, 114 W.

Carson Street
Awarded Round 2 Grant Applicant Awarded applicant is replacing storefront doors.

Staff is obtaining required insurance.
7 D3
East Carson Corridor

Awarded Grant Applicants (No -
match required)
Staff have received signed funding agreements
from six of the thirteen properties with many
more scheduled for signature in the coming
weeks. There are 13 properties in this corridor
eligible for funding. Once agreements are fully
executed and all insuranc es are received, the
contractor can commence construction.
8 D4
Ralphs Plaza

Potential Applicant Staff met with a potential applicant on June 17 to review program requirements. The applicant is
developing a project scope for inclusion with the
application submittal.

Strategic Initiatives, Project Funding & Infrastructure Financing # Subject Description Status
1 City of Carson -
Comprehensive CD
Fee Study
Study to analyze various
development-based fees including:
(1) Development Impact Fees ; (2)
Community Benefits (3)
Inclusionary Housing, In -Lieu Fees,
Commercial & Industrial Linkage
Fees, and (4) Community Facilities
Districts or other Alternative
Funding Mechanisms. Co-review
with Planning Division
Consulting team have completed draft analysis of
each proposed fee programs. A meeting to discuss
with stakeholders including BIA and developers is
being scheduled for August
20 at 10AM via
Microsoft teams.
2 Transformative
Climate
Communities (TCC)

Grant initiative funded by the
Strategic Growth Council to
support climate-resilient,
community-driven projects that
bring environmental, economic,
and public health benefits to
disadvantaged communities, with
a core goal of reducing GHG
emissions.

Currently in the grant application phase. A pre -
proposal has been submitted, and the final
application is due September 30. The application
and project list are currently being developed in
collaboration with various co -
applicants and
partners.
3 Regional
Waterboard
Petroleum
Underground
Storage Tank Grant
Program
Orphan Site Cleanup Fund grant
application for Housing Authority
parcels at 526 W. Carson & 21704 S.

Figueroa.

The City will soon apply for additional funding
cleanup fund for the Housing Authority parcels. A
draft application is completed.
4 State Water Board
Site Cleanup
Grant program for environmental
assessment and cleanup of
contaminated properties.

The City assisted the owner of Victoria Park Plaza
with a grant application to secure funding for
Community and Economic Development Project Status Report August 4, 2026

CITY COUNCIL

Page 17 of 20 ends

Carson City CouncilAugust 4, 2026

Carson City Council
August 4, 2026