02. CIP NO 23-08 Apprvl of Contract w-Tony Painting for the Painting within Civic Center

Item No.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, P.E., DIRECTOR OF PUBLIC

WORKS/CITY ENGINEER

DATE: OCTOBER 22, 2024

SUBJECT: APPROVAL OF A CONTRACT WITH TONY PAINTING, INC. FOR THE

PAINTING OF VARIOUS AREAS WITHIN THE CIVIC CENTER, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 23-08

EXECUTIVE SUMMARY

The City Council will consider awarding a contract to Tony Painting, Inc. for repainting of various areas within the Civic Center – including the exterior of Downey City Hall and the Downey Police Station. These areas were last painted in 1984 when the buildings were constructed. The painting is part of the overall Civic Center Improvements project, CIP No. 23-08.

RECOMMENDATION

That the City Council:

1. Approve a public works contract agreement with Tony Painting, Inc. in the amount of $109,928 for the painting of various areas within the Civic Center, CIP No. 23-08; and

2. Authorize the City Manager to execute change orders or amendments to the agreement up to the project contingency amount of $15,072 for a total project budget of $125,000.

BACKGROUND

The Civic Center was last painted approximately 40 years ago and needs repainting to protect, maintain, and extend the life of various exterior surfaces, including stucco, metallic window frames, support beams, doors, and door frames.

The areas to be painted include the exterior of the Police Station & Pump Station including, exterior doors, door frames, and three large gates; Exterior of City Hall, including all metal support beams, stucco surfaces, doors, and door frames, and exterior window frames; City Hall First Floor, Second Floor & Third Floor Window Frames; City Hall and Police Department First Floor Exterior Doors and Door Frames. The scope of work includes general surface preparation involving cleaning surfaces prior to painting,

APPROVAL OF A CONTRACT WITH TONY PAINTING, INC FOR THE CIVIC CENTER PAINTING PROJECT, CIP NO. 23-08
OCTOBER 22, 2024
PAGE 2

patching holes and cracks, and covering and masking unpainted surfaces, including signage, fixtures, and windows, to prevent overspray.

ANALYSIS

On July 1, 2024, staff from the Public Works Department published a request for proposals (RFP) document for the painting of the Civic Center and published it on the online bidding platform PlanetBids. A mandatory job site meeting was conducted on July 8, 2024, where City staff met with prospective bidders to review the project’s scope of work and to walk the various areas to be painted.

On July 22, 2024, staff received a total of 13 bid proposals, which ranged from $109,928 to $575,000 and are summarized in the table below.

Firm Bid Amount
1 Tony Painting $ 109,928
2 MEAR Construction $ 127,400
3 Perfection Painting Corp $ 167,000
4 Innovation Painting Inc. $ 178,000
5 Mariscal Painting $ 182,830
6 Dulux Painting $ 205,000
7 Piana Construction and
Painting Inc. $ 214,000
8 3M Construction Corporation $ 327,730
9 Genesis Builders Inc. $ 333,640
10 So Cal Construction Inc. $ 349,800
11 Color New Co. $ 412,000
12 Abajian Enterprise $ 499,000
13 Vivid-Accent Painting Co. $ 575,000

After a review of the 13 proposals, staff determined that the lowest responsive bid was from Tony Painting, Inc., in the amount of $109,928.

Staff recommends awarding a contract to Tony Painting Inc. as their proposal is deemed complete, meets the required submittal format, and provides satisfactory references to meet the minimum experience and qualification requirements needed to perform the scope of work for this project. Tony Painting Inc’s recent government facility experience includes completed painting projects for the cities of Newport Beach, Corona, and the Inland Empire Utilities Agency. Their business activities are current and active with the State Contractor’s Board since 1976 under a C-33 license, which regulates contractors that provide Painting and Decorating services. They are also registered with the California Department of Industrial Relations (DIR) for Labor Compliance. Once awarded, work is

APPROVAL OF A CONTRACT WITH TONY PAINTING, INC FOR THE CIVIC CENTER PAINTING PROJECT, CIP NO. 23-08
OCTOBER 22, 2024
PAGE 3

expected to begin in mid-November and be completed by the end of December 2024, pending any unexpected weather delays.

CITY COUNCIL PRIORITIES

Quality of Life, Safety and Infrastructure

FISCAL IMPACT

Approval of the recommended actions will result in an expenditure in the amount of $109,928 and authorize the City Manager to execute change orders or amendments up to the project contingency amount of $15,072 for a total project budget of $125,000.

There are sufficient capital funds budgeted in the Fiscal Year 2024-2025 CIP, Capital Project Fund under CIP No. 23-08, Account No. 40-1-6895.

ATTACHMENTS

Attachment A: Contract Agreement

CONTRACT AGREEMENT

CIVIC CENTER PAINTING PROJECT
THIS CONTRACT is made and entered into at Downey, California this day of , 2024, by and between the CITY OF DOWNEY, a chartered municipal corporation (hereinafter "City") and TONY PAINTING, INC... (hereinafter "(;on#actof').

THE PARTIES HERETO AGREE AS FOLLOWS:

1. CONTRACT DOCUMENTS - ConbactDr agrees to perform all work specified in the attached Scope of Work included in the Bidder’s Proposal for Civic Center Painting Project (“Project?’), in accordance with the documents hereinafter described, which are by reference incorporated herein and made a part hereof, and are in the OHm of the City Engineer.

A. Plans for Civic Center Painting Project
B. SpecifIQations for Civic Center Painting Project
C. Bids, including ascertainment of prevailing wage.

D. Instructions to Bidders
E. Proposal br Civic Center Painting Project, executed by the Contractor.

2. PAYMENT - in consideration thereof the City agrees to pay b the Contractor the sum of One Hundred Nine Thousand Nine Hundred Twenty-EIght Dollars ($109,928.00), payable as set forth in the General Conditions, and in accordance with the Contract Unit Prices shown in the Bid Form:

BASE BID

ITEM DESCRIPTION QUANTITY &
UNIT UNrr PRICE SUBTOTAL
1 2
3 4
5 Extenpr oft@ poliQe Station and Pump Station 1
1 1
l
1 LS
LS
LS
LS
LS
$ 15,640.00
$43,840.00
$15,640.00
843,840.00Exterior of CiV Hall
City Hall First Floor, Second Floor and Third Floor
Window Frames $35.840.00
$6,608.00
j35, 840.09
$6.608.00City Hall Exted91 Sectinr BeUo Windows First Floor City Hall and Police Department First Floor Exterior
Doors $8,000.00 $8,000.00
TOTAL BASE BID - Items 1 to 3 (h FO.M)$l09,928.00
TOTAL BASE BID - Items 1 to 3 (in Wor&)One Hundred Nine Thousand_Nine Hundred Twenty-Eig!$ PpPgr! and No Cents
22 October

CONTRACT AGREEMENT

CIVIC CENTER PAINTING PROJECT

Page 2 of 3 ends

3.INDEMNIFICATiON. To the fUllest extent allowed by law, Contractor and its subcontractors hereby agree to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, npnsentatives and volunteers (hereinafter collectively referTed to as '}ndemnttees''), through legal counsel acceptable to City, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:

A. Performance or nonperformance of the Project by Contractor or its subcontractors of any lower tier; B. Performance or nonperformance of any of the obligations under the Contract Dmuments by Contractor or its subcontractors of any lower tier;
C. The oonstruction activities of Contractor or its subcontractors of any lower tier, either on the Project site or on other properties;
D. The payment or nonpayment by Contractor or any of its subcontractors of any lower tier for work performed on or off the Project site; and
E. Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance of the Project by Contractor or its subcontractors of any lower tier.

The indemnity obligations of subcontractors provided by this section shall be included in all sutnontract documents issued by Contractor. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnttee.

CONTRACT AGREEMENT
CIVIC CEVrER PAiNTING PROJECT

Page 3 of 3 ends

IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and yearfirstabowwHtten.

TONY PAINHNG, INC.

ANTE MARtJANOVIO
AuthoriLed Signatory (Pant Name)
dMory (m
bUP,+'

CRY OF DOWNEY
By:

Roger Bradley. City Manager
Date:

APPROVED AS TO FORM:ArrEST:
£d LID. fly
JohKA. Funk. City Attorney MaNa Alicia Duarte, CMC, City Clerk Date: q – 1 6 –It Date:

I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ cornpensation or to undertake self.insurance in accordance with the provisbns of that Code, and I wII comply with such provisions before commencing the performance of the work of this contract.

TONY PAIHrING, WC.

Authorized Sig
r&By:&mo i
By:ANTC M bRIiAU ov IC/
4++rDate
Nd,:ThbC,drM Agr„medmu,tb,xe„ wi,dw,ab„dh*f}m#d
evidenm of the authority of any person signing as attorney-in-fact must be attained.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
O, hR 3\1%ajp
Date
persona11y appeared ]@
)
)
before me,Viet Nam Thi Nguyen, Notary Public
Here Insert Name and Title of the Officer
Mar$'nNlc
HI #fWnerS/
who proved to me on the basis of satisfactory evidence to be th%pe5son(g/ whose name@(fyaf6 sgbscribed to the within instrument and acknowLedged to me that /W/fe/tHy executed the/saYle'in lh#/thg'r autho[ized :apacity(i96), and that by®R//t76ir sign?turWon th'e instrument the persoyl #or the entity upon behalf of which the person(#acted, eiecuted the instrument. / I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
vlrr NAA THI NGUYEN WITNESS my hand and official seal.

Signature mrl
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Name:1 Above
a rea
a()Number of Pages 6
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
a Corporate Officer – Title(s):
[] Partner – [] Limited n General
E Individual [] Attorney in Fact
n Trustee = Guardian or Conservator
n Other:

Signer is Representing:

Signer’s Name:
= Corporate Officer – Title(s):n Partner – = Limited a General [] Individual E Attorney in Fact
a Trustee = Guardian or Conservator
= Other:

Signer is Representing:
©2016 hationa1 Notary Association • www.NationaINotary.org • 1-800-US NOTARY (1-800-876-6827) ltem #5907

hnd No. 38KOI0912
Premium : $ 2,635.00
Executed in Two (2) Originals

PERFORMANCE BOND

CIVIC CENTER PAINTING PROJECT
KNOW ALL PERSONS BY THESE PRESENTS hat
WHEREAS the City of Downey. California ('City'), has awarded ('Conba;f) to Tony Painting, Inc. ("Principa!'), br the Civic Center Painting Proja#
WHEREAS, PrinciFnl is equired under the terms of the Contrnt to furnish a tx3nd br the faithful Fnrformance of the Contract.

NOW, THEREFORE, m, the unders©wd Principal, and The Ohio CasualtY Insl"ance Company (-Surety-) a duly admitted surety insurer under the laws of the State ofCalifbmia, as Surety, are held andf tnund unto the CIty in the penal sum of One Hundred Nine Thousand Nine Hundred Twenty-Eight Dollars {$109,928.00), this amount being rut less than the total Contrait prU. in lawf01 money of the United States of America, for the payment of which sum well and truly to tn male, we bind otrselves, our heirs, execubrs. aiminisbztors, sumssors, aix! assigns, jointly arx1 severaHy, firmly by these presents.

THE CONDITION aF THIS OBUGAT10N IS SUCH THAT. if the hereby bounded Principal, ar his/her heirs, executors, alminisBatos, summon orasigns, shall in all things stand to and abide by, and well and buy keep and perform all the undertakings. tears. covenants, condttbns wld agreements in the ContraS and any alteration thereof male as therein provided, on the Principal's part to te kept and prformed, all within the time and in the mannerthetein specifiRi, and in all nsw(is axxxrling totheirtrueintmt and meaning, and shall indemnify and hold harmless the City, ttsoffKnrs, agents, and others as therein provided, then this obligatk>n shall Income null and void; ottnrwise, it shall tn and remain in fUll force and effect.

In cm suit is brought upn this tx)nd, Surety fUrther agnes a part of the obligation secured hereby and in aidttion to the face amount SHifTed ttnrefore. there shall tn included costs and reasonable exFnnses arxJ fea, including reasonable atlomeys fees, incurred by tIn City in suc@ssftilV enforcing such obligation, all to tn tnatui as cost and included in any resolution.

FURTHER, the Surety, for value rmeived, hereby stipulates and agrees that no change, extension of time, alteration, aidi$on or nxxitfication to the terms of the Conbaa or of the work to tn perforrned thenurxier, or the Spe(,iflmtions for the same, shdl in any way affect its obligatk)ns under this tx)nd, and it don hereby waive notim of any such change, extension of time, alteration, aldttk)n, or rTxxiifxntion b ttn terms of the Contrait or to the work or to the Specifications thereunder

PERFORMANCE BOND

CIVIC CENTER PAINTING PROJECT

Page 2 of 2 ends

IN WITNESS WHEREOF, two (2) identical counterparts of this inskumenl each of which shall for all purposes be deemed an original hereof, have ben duly executed by Principal and Surety, on the date set forth below, the name of each corpora party teing hereto affixed and these presents duly signed by its undersigned npm$entative(s) pursuant to authority of its gowming My.

Date. 7/29/24
"Principal"’'Surety'
Tony Painting, Inc.
7291 Garden Grove Blvd Ste A
The Ohio Casualty Insurance Company
CA -1- Orange CnuntyGarden
drIt
By:
200T
Orangedl 9
Attorney-In-Fact
\' \\lb
It )
(Seal)(Seal)
Note: Tbis tx>nd must in executed in duplicate and dated, all signatures must be notarized, and evidence of tIn authority of any person ggnhg n atbrreylrHa;t must be attnFnd.

This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

LibertyMutual.Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8205295-971967
SURETY

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire. that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the -Companies•), pursuant to and by authority herein set forth. does hereby name, constitute and appoint, Sllilo l_.

Losino. Stephanie Shear
all of the city of \\’oodland H ills state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute. seal. acknowledge and deliver, for and on its behalf as surety and as its act and deed. any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16tll day of April . 2021 .

Liberty Mutual Insurance Company
Tbe Ohio Casualty Insurance Company
West AmerIcan Insurance Company
@9 By:

David M. Carey, Assistant Secretary
:{ }
gpurposes le =
$
lg :

State of PENNSYLVANIA
County of MONTGOMERY
On this 1 61l1 day of April , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written, H-Uh\
a l33cc=
W monwealth ofPennsylvar\di:

By :

SEaT;t=i;TRitOn+J
Ca
E 1)Inn= La
This Power of Attorney is made and executed pursuant to and by authodty of the following By-laws and Authorizations of The Ohio Casualty Insurance Company Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:

Liberty
ARTICLE IV - OFFICERS : Section 12. Power of Attorney,
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or thejB E President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make. execute. seal. acknowledge and deliver as any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any npnsentative or attorney-in-fact under provisions of this article may be revoked at any time by the Board. the Chairman. the President or by the officer or officers granting such power or authority.

ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal. acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such attorneys.in.fact subject to the limitations set forth in their respective powers of attorney. shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary
Certificate of Designation - The President of the Company. acting pursuant to the Bylaws of the Company. authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in. fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and aH undertakings, bonds, recognizances and other surety obligations
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company. wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed,
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certiFy that the original power of attorney of which the foregoing is a full, true and correct copy of the POInr of Attorney executed by said Companies. is in full force and effect and has not been revoked
IN TESTIMONY WHEREOF, I have hereunb set my hand and affixed the seals of said Companies this ZI h)day of .A+, JW.

Renee C. Uewel[yn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21

CHIMENE HOBBS, NOTARY PUBLIC
Here Insert Name and Title of the Officer
personally appeared SHILO LEE LOSINO
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

CHIMENE HOBBS>,
Notary Public - California
Los Angeles County
Commiss Son # 2464773)
My Comm. Expires Sep 28, 2027
WITNESS my hand and official seal.

Signature
Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:
n Corporate Officer – Title(s):
= Partner – 1 1 Limited = General
H Individual H Attorney in Fact
n Trustee H Guardian or Conservator
[] Other:

Signer is Representing:

Signer’s Name:
= Corporate Officer – Title(s):= Partner – :1 Limited a General U Individual = Attorney in Fact
[] Trustee n Guardian or Conservator
= Other:

Signer is Representing:
©2014 National Notary Association ' www.NationaINotary.org • 1-800-US NOTARY (1-800-876-6827)Item #5907

Bond No 38KOI09 l2
Premium : Included
Executed in Two (2) Originals

PAYMENT BOND
(LABOR AND MATERIAL)

CIVIC CENTER PAINTING PROJECT
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Downey, Caltfbmia fCity"), has awarded ('Conbacf) to Tony Painlnq, Inc. (''PrincipaJ'), for the Civic Center Painting Project.

WHEREAS, Principal is required under the terms of the Contrait and the California CMI Code to wcure the payment of claiw60flatxxer, mechanb, material suppliers, and other persons as pmvkled by law.

NOW, THEREFORE, we, the undersigned Principal, and Itle Ohio Casualty Insurance Company (“Surety-) a dub almitled suretyhsurer under the laws ofttn State ofCaltfbmia, as Surety, ae hek1 and firmly bound unto the City in the penal sum of One Hundred Nine Thousand Nine Hundred Twenty-Eight Dollars {$109,928.00), this amount tiring not Ins than the total Conbact pri% in lawfUI morny of the United States of America, for the payment of which sum well and truly to be made, we bind ounelws, our heirs, exmltors, adminisbators, suemnors, and ass©ns, jointly arxl severally, Irmly byth®e presents,
THE CONDITION OF THIS OBLiGATiON IS SUCH THAT, if the hereby bound Principal, or his/her heirs, executors, aiminishatnrs, sumessors or assigns, orsutnon&actors shall hil to pay any of the persons named in Section 3181 of the Caltfbmia Civil CcBe, or any amounts due under the Unemployment Insurance CMe with respect to work or labor perforrnwl under tn Contract, or for any annunts ©quied to in deducted, withheld, and pakl owr to tIe Employment Development Department fNm the wages of employees of the Principal and subcontrators pursuant to Section 13030 of the Unemployment Insurance Code, with respect to wk or latx>r performed under the Contact, the Surety will pay for the ame in an amount not excealing the penal sum SFnt,tfied in this bond; otherwise, this obligatk>n shall become null and wid
This tx)nd shall inure to the tuneit of any of the persons named in Sectbn 3181 of the California Civil Code so m to give a right of action to such persons or their assigns in any suit brought upon the kxind. In case suit is brought upon this bond, Surety ftIMr agrees to pay all nuR msts incurred by the City in the suit and attomeys' fees.

FURTHER, the Surety, for value remived, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or these Specifications for tb same, shall in any way affect its obligations under this txJnd, and it does hereby waive notice of any such change, extension of time, alteration, addition, or mcxl#icatk>n to the terms of the Con bal or to the work or to these Spe(,ifications thereunder.

PAYMENT BOND
CIVIC CENTER PAIFrING PROJECT

Page 2 of 2 ends

IN WITNESS WHEREOF, Nw (2) identical munterwrts of this instrument, ea;h of which shall br all pu4nses be deemed an original herwf, have been duO executed by Principal and Surety, on the date set forth Wow, the name of eah corporate party king hereto affixed and these presents dub signed by its undersigned representatNe(s) pursuant to authodty of its gowming kxxiy.

Date: 7/29/24
"Prirbcipal""Surety'
Tony Painting, Inc.
7291 Garden Grove Blvd Ste A City Dr S, Ste 200=W92868
g
Lee Losino liS Attorney-In-Fact
The Ohio Casualty Insurance Company
CA 'l-.Oranqe (
(Seal)(Seal)
Note: Thb txInd must tn executed in dupBcate and daM, aN signatures must b notarized, and eviden@ of the authority ofaly penn signing a attDmey-irbfact must be attached.

State of California
County of LOS ANGELES )
O. -’]f ZR I Z 'I b,f„, m,, CHIMENE HOBBS, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
personally appeared SHILO LEE LOSINO
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Commission # 2464773
My Comm. Expires Sep 28. 2027 Signature
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:

F] Corporate Officer – Title(s):a Partner – = Limited = General H Individual E Attorney in Fact
'I Trustee H Guardian or Conservator
U Other:

Signer is Representing:

Signer’s Name:
= Corporate Officer – Title(s):

H Partner – [] Limited n General
= Individual n Attorney in Fact
H Trustee n Guardian or Conservator
= Other:

Signer is Representing:
©2014 National Notary Association • www.NationaINotary.org • 1-800-US NOTARY (1-800-876-6827)Item #5907

This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

LibertyIVlutu£l.Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8205295-971967
SURETY

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the -Companies-), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Sllilo I L.osino. Stephanie Shear
all of the city of \\’'oodland l-I ills state of CA each individually if there be more than one named, its true and lawfUI attorney.in-fact to make. execute. seal. acknowledge and deliver, for and on its behalf as surety and as its act and deed. any and all undertakings, bonds. recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 161l1 dayof April , 2021 .

State of PENNSYLVANIA
County of MONTGOMERY ’=
an this 16th day of April , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Company. The Ohio Casualty Company, and West American Insurance Company, and that he. as such. being authorized so to do, execute the foregoing instrument for the therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written Comrnonw33lth of Pennsylvania - Notary Seal
Teresa Pastella. Notary Public
Montgomery County
My ccmmission expires March 28. 2025
CommISSIon number 1126(N4
Member, Pcnn3ytvan.a A33cciat.on of NotarIes
I By :=;;F;;iRximt
bonds, recognizances and other surety obligations. Such attorneys.in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company. authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make. execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances arId other surety obligations
Authorization - By unanimous consent of the Company's Board of Directors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company. wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed
I, Renee C. Llewellyn. the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Curpany, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked
IN TESTIMONY WHEREOF' I h'"e he”--t' set my ha"d a-d anxed the seals af said CQr''p”bs thisMda'' 'f ,J D\A .' j&l By:
-S-ecrair{enee

GENERAL LIABILITY/AUTOMOBILE LIABILITY

INSURANCE DOCUMENTATION FOR CONTRACT AGREEMENT
FOR THE CITy OF DOWNEY, CALIFORNIA

CIVIC CENTER PAINTING PROJECT
This dmument acknowledges insuran@ provided under the following:

A COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE PART
k] AUTOMOBILE LIABILITY INSURANCE COVERAGE PART
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this document is attached or in any endorsement which now or later attaches to the policy, the Company agrees as follows:

ADDITIONAL INSURED: The City at Downey, its ofR@rs, agents and employe® are hnluded as additional insured, with resped to liability and defense of claims and suits arising out of the operations and uses performed by or on behalf of the named insured
CONTRiBUTiON WAIVED: This insurance is primary. TIe City of Downeys insuran@ program shall be excess of this insurance, The Company shall not seekoontdbubon from the City and its insurers.

SEPARATION OF INSURED: This insurance apples separately to each insured against whom claim is made or suB is brought, except that the naming of multipb insured shall not increase the Company’s limits of liability. The inclusion of any person, organkalon, firm or entity as an insurul under the policy shaH not affect any right which such person, organization, firm or entity would have as a claimant if not so included
CANCELLATION NOTICE: if the Company elects to cancel or terminate this insurarEe before the stated expiration date, or declines to renew a continuous policy, or reduces the stated limits other than by impairment of an aggregate limit. the Company shaH maN wRtten notice to the City at least 30 days in alvarm of such election. For nonpayment of premium, the Company shall give the City at least ten (10) days advan@ written notice ofcanmllation orterminaHon.

Except as stated above, all other endorsernents, provisions, conditions. limits and exclusions of this insurance shall remain unchanged.
e6MM OLICY NUMBER:

BKW59851 744
ml MOI YO R
BAS59851 744
By my signature on this insurance document, I warrantBrat I have authadty to bind the insurance company and do so bind the company to this document
E
07/25/2024

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$

COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY
(Per accident)
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
7/26/2024
(909) 243-7003
44393
Tony Painting Inc
7291 Garden Grove Blvd., Ste. A
Garden Grove, CA 92841
24082
24066
27847
35378
A 1,000,000
X X
BKO2559851744 7/13/2024 7/13/2025
500,000
15,000
1,000,000
2,000,000
2,000,000
1,000,000B
X X
BAO2559851744 7/13/2024 7/13/2025
Uninsured
Motorists Medical 5,000
2,000,000C
X ESA2559851744 7/13/2024 7/13/2025 2,000,000
2,000,000
D
X WVE 5034027 08 6/28/2024 6/28/2025 1,000,000
1,000,000
1,000,000
A Equipment Floater 7/13/2024 $1,000 DEDUCTIBLE 250,000 E Pollution
BKO2559851744
CPLMOL124938 6/28/2024 6/28/2025 Combined General Agg 1,000,000 Re: Civic Center Painting Project
City of Downey, City Council, Boards and Commissions, Officers, Agents, Employees, representatives and volunteers is named as additional insured as it relates to general liability when required by written contract under the terms and conditions of the above policies.

The above coverage is primary and non-contributory where required by written agreement. Blanket Additional Insured applies to General Liability and Business Auto per the form attached to the policy.

Blanket Waiver of Subrogation applies to General Liability, Business Auto and to the Workers Compensation. California cancellation notice attached to the policy
City of Downey
11111 Brookshire Ave.

Downey, CA 90241
TONYPAI-01 JENLOPEZ
Acrisure Southwest Partners Insurance Services, LLC
4000 Westerly Place
Suite 110
Newport Beach, CA 92660
Jennifer Lopez
[email protected]
West American Insurance Company
Ohio Security Insurance Company
American Fire & Casualty Company
Insurance Company of the West
Evanston Insurance Company
7/13/2025
X
X
X
X
X
X
X

INSURED

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.

Insured Premium $
Insurance Company
Countersigned By
WVE 5034027 08 06/28/2024

INSURANCE COMPANY OF THE WEST
TONY PAINTING INC INCL.

WC 99 06 34
(Ed. 8-00)
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).

The additional premium for this endorsement shall be % of the total California Workers’ Compensation premium otherwise due.

Schedule
Person or Organization Job Description
2 ANY PERSON OR CALIFORNIA

ORGANIZATION FOR OPERATIONS ONLY

WHOM THE NAMED

INSURED IS REQUIRED

UNDER WRITTEN

CONTRACT TO FURNISH

THIS WAIVER

COMMERCIAL AUTO
CA 88 62 01 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGEFORM

GARAGE COVERAGEFORM
The Transfer Of Rights of Recovery Against Others To Us Condition does not apply to the person(s), or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.

SCHEDULE
Name(s) of Person(s) or Organization(s):

As required by contract
(If no name appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement).

CA 88 62 01 13
©2013 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 1 07/25/2024 59851744 N1573699 EC Insured Copy
Policy # BAO(25)59851744

86230ofBLANKET ADDITIONAL INSURED AGREED

WRITTEN CONTRACT, AGREEMENT, PERMIT
7291 GARDEN GROVE BLVD STE A
GARDEN GROVE, CA 92841
POLICY NUMBER:COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGEPART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGEPART
CG 24 04 05 09 Insurance Services Office, Inc., 2008 Page 1 of 1

SCHEDULE
Name Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us of
Section IV - Conditions:

We waive any right of recovery we may have
against the person or organization shown in the
Schedule above because of payments we make
for injury or damage arising out of your ongoing
operations or "your work" done under a contract
with that person or organization and included in
the "products-completed operations hazard".

This waiver applies only to the person or organi-
zation shown in the Schedule above.

BKO (25) 59 85 17 44

66230ofCOMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGEPART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGEPART
CG 20 01 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance avail-
able to an additional insured under your poli-
cy provided that:
(1)The additional insured is a Named In-
sured under such other insurance; and
(2)You have agreed in writing in a contract
or agreement that this insurance would
be primary and would not seek contribu-
tion from any other insurance available
to the additional insured.

Policy # BKO (25) 59 85 17 44

67230of59851744001510280BLANKET ADDITIONAL INSURED AGREED 7291 GARDEN GROVE BLVD
STE A
GARDEN GROVE, CA 92840
Any location(s) when You have agreed in a
written contract, agreement or permit that person
or organization be added as an additional insured
POLICY NUMBER:COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGEPART
CG 20 10 04 13 Insurance Services Office, Inc., 2012 Page 1 of 2

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1.Your acts or omissions; or

2.The acts or omissions of those acting on
your behalf;
in the performance of your ongoing oper-
ations for the additional insured(s) at the lo-
cation(s) designated above.

However:

1.The insurance afforded to such additional
insured only applies to the extent permit-
ted by law; and

2.If coverage provided to the additional in-
sured is required by a contract or agree-
ment, 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.

B.With respect to the insurance afforded to
these additional insureds, the following addi-
tional exclusions apply:

This insurance does not apply to "bodily in-
jury" or" property damage" occurring after:

1.All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than ser-
vice, maintenance or repairs) to be per-
formed by or on behalf of the additional
insured(s) at the location of the covered
operations has been completed; or

2.That portion of "your work" out of which
the injury or damage arises has been put
to its intended use by any person or or-
ganization other than another contractor
or subcontractor engaged in performing
operations for a principal as a part of the
same project.

BKO (25) 59 85 17 44

68230ofCG 20 10 04 13Insurance Services Office, Inc., 2012Page 2 of 2 C.With respect to the insurance afforded to
these additional insureds, the following is
added to Section III - Limits Of Insurance:

If coverage provided to the additional insured
is required by a contract or agreement, the
most we will pay on behalf of the additional
insured is the amount of insurance:

1.Required by the contract or agreement;
or

2.Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the ap-
plicable Limits of Insurance shown in the Dec-
larations.

COMMERCIAL AUTO
CA 88 66 05 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY.

DESIGNATED INSURED - NONCONTRIBUTING
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGEFORM

GARAGE COVERAGEFORM

MOTOR CARRIERCOVERAGEFORM

TRUCKERS COVERAGEFORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Cov- erage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form.

The following is added to the Other Insurance Condition:

If you have agreed in a written agreement that this policy will be primary and without right of contribu- tion from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 1 Schedule
Name of Person(s) or Organization(s):

As required by contract
Regarding Designated Contract or Project:

Blanket coverage
07/25/2024 59851744 N1573699 EC Insured Copy
Policy # BAO(25)59851744

74230ofBLANKET ADDITIONAL INSURED AGREED
7291 GARDEN GROVE BLVD
STE A
GARDEN GROVE, CA 92840

ANY LOCATION AGREED UPON WITH INSURED BY WRITTEN

CONTRACT, AGREEMENT, OR PERMIT

ANY LOCATION AGREED UPON WITH INSURED BY WRITTEN

CONTRACT, AGREEMENT, OR PERMIT
POLICY NUMBER:COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGEPART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGEPART
CG 20 37 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s)
or organization(s) shown in the Schedule, but
only with respect to liability for "bodily in-
jury" or "property damage" caused, in whole
or in part, by "your work" at the location des-
ignated and described in the Schedule of this
endorsement performed for that additional
insured and included in the "products-com-
pleted operations hazard".

However:

1.The insurance afforded to such additional
insured only applies to the extent permit-
ted by law; and

B.With respect to the insurance afforded to
these additional insureds, the following is
added to Section III - Limits Of Insurance:

If coverage provided to the additional insured
is required by a contract or agreement, the
most we will pay on behalf of the additional
insured is the amount of insurance:

1.Required by the contract or agreement;
or

2.Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the ap-
plicable Limits of Insurance shown in the Dec-
larations.

BKO (25) 59 85 17 44

92230ofCOMMERCIAL GENERAL LIABILITY
CG 24 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY.

AMENDMENT OF INSURED CONTRACT DEFINITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGEPART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGEPART
CG 24 26 04 13 Page 1 of 1Insurance Services Office, Inc., 2012 The definition of "insured contract" in the Defini-
tions section is replaced by the following:
"Insured contract" means:
a.A contract for a lease of premises. How-
ever, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire
to premises while rented to you or tem-
porarily occupied by you with permission
of the owner is not an "insured contract";
b.A sidetrack agreement;
c.Any easement or license agreement, ex-
cept 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 agree-
ment pertaining to your business (includ-
ing 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, pro-
vided the "bodily injury" or "property
damage" is caused, in whole or in part,
by you or by those acting on your behalf.

However, such part of a contract or
agreement shall only be considered an
"insured contract" to the extent your as-
sumption of the tort liability is permitted
by law. Tort liability means a liability that
would be imposed by law in the absence
of any contract or agreement.

Paragraph f.does not include that part of
any contract or agreement:
(1)That indemnifies a railroad for "bod-
ily 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;
(2)That indemnifies an architect, engi-
neer or surveyor for injury or dam-
age arising out of:
(a)Preparing, approving, or failing
to prepare or approve, maps,
shop drawings, opinions, re-
ports, 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
(3)Under which the insured, if an archi-
tect, engineer or surveyor, assumes
liability for an injury or damage aris-
ing out of the insured’s rendering or
failure to render professional ser-
vices, including those listed in (2)
above and supervisory, inspection,
architectural or engineering activi-
ties.

Policy # BKO (25) 59 85 17 44

109230of59851744001510280BLANKET ADDITIONAL INSURED AGREED 7291 GARDEN GROVE BLVD
STE A
GARDEN GROVE, CA 92840

COMMERCIAL GENERAL LIABILITY
CG 88 83 04 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY.

AMENDMENT OF OTHER INSURANCE CONDITION -

DESIGNATED PERSONS OR ORGANIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
2012Liberty Mutual Insurance
CG 88 83 04 12 Page 1 of 1Includes copyrighted material of Insurance Services Office, Inc.,with its permission.

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Address
City State Zip
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

A.The following is added to Paragraph a. Primary Insurance of Condition 4. Other Insurance under Section IV - Commercial General Liability Conditions :

However, when the person or organization shown in the Schedule of this endorsement has been added as an additional insured to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "person’s or organization’s own insurance" provided that:
(1)You have agreed in a written contract that this insurance is primary and non-contri butory; and (2)The "bodily injury", "property damage" or "personal and advertising injury" is:
a.Committed subsequent to the execution of such contract; and b.This policy covers the "bodily injury", "property damage" or "personal and advertising in- jury".

B.For the purposes of this endorsement the following is added to Section V - Definitions :
"Person’s or organization’s own insurance" means general liability coverage for damages for which the person or organization shown in the Schedule of this endorsement is designated as a Named Insured.

Policy # BKO (25) 59 85 17 44

200230ofIL 02 70 07 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY.

CALIFORNIA CHANGES - CANCELLATION

AND NONRENEWAL
This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART

COMMERCIAL AUTOMOBILE COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL PROPERTYCOVERAGE PART

CRIME AND FIDELITY COVERAGE PART

EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE PART

FARM COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

MEDICAL PROFESSIONAL LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
IL 02 70 07 20 Insurance Services Office, Inc., 2020 Page 1 of 5 A.Paragraphs 2.and 3.of the Cancellation
Common Policy Condition are replaced by
the following:

2. All Policies In Effect For 60 Days Or
Less
If this policy has been in effect for 60
days or less, and is not a renewal of a
policy we have previously issued, we
may cancel this policy by mailing or
delivering to the first Named Insured, at
the mailing address shown in the poli-
cy, and to the producer of record, ad-
vance written notice of cancellation,
stating the reason for cancellation, at
least:
a.10 days before the effective date of
cancellation if we cancel for:
(1)Nonpayment of premium; or
(2)Discovery of fraud by:
(a)Any insured or his or her
representative in obtaining
this insurance; or
(b)You or your representative
in pursuing a claim under
this policy.
b.30 days before the effective date of
cancellation if we cancel for any
other reason.

3. All Policies In Effect For More Than 60
Days
a.If this policy has been in effect for
more than 60 days, or is a renewal
of a policy we issued, we may can-
cel this policy only upon the occur-
rence, after the effective date of the
policy, of one or more of the fol-
lowing:
(1)Nonpayment of premium, in-
cluding payment due on a prior
policy we issued and due dur-
ing the current policy term cov-
ering the same risks.
(2)Discovery of fraud or material
misrepresentation by:
(a)Any insured or his or her
representative in obtaining
this insurance; or
(b)You or your representative
in pursuing a claim under
this policy.
(3)A judgment by a court or an
administrative tribunal that you
have violated a California or
Federal law, having as one of
its necessary elements an act
which materially increases any
of the risks insured against.

Policy # BKO (25) 59 85 17 44

201230of59851744001510280IL 02 70 07 20Insurance Services Office, Inc., 2020Page 2 of 5 (4)Discovery of willful or grossly
negligent acts or omissions, or
of any violations of state laws
or regulations establishing safe-
ty standards, by you or your
representative, which materially
increase any of the risks in-
sured against.
(5)Failure by you or your repre-
sentative to implement reason-
able loss control requirements,
agreed to by you as a condition
of policy issuance, or which
were conditions precedent to
our use of a particular rate or
rating plan, if that failure ma-
terially increases any of the
risks insured against.
(6)A determination by the Com-
missioner of Insurance that the:
(a)Loss of, or changes in, our
reinsurance covering all or
part of the risk would
threaten our financial integ-
rity or solvency; or
(b)Continuation of the policy
coverage would:
(i)Place us in violation of
California law or the
laws of the state where
we are domiciled; or
(ii)Threaten our solvency.
(7)A change by you or your repre-
sentative in the activities or
property of the commercial or
industrial enterprise, which re-
sults in a materially added, in-
creased or changed risk, unless
the added, increased or
changed risk is included in the
policy.
b.We will mail or deliver advance
written notice of cancellation, stat-
ing the reason for cancellation, to
the first Named Insured, at the
mailing address shown in the poli-
cy, and to the producer of record, at
least:
(1)10 days before the effective
date of cancellation if we can-
cel for nonpayment of premium
or discovery of fraud; or
(2)30 days before the effective
date of cancellation if we can-
cel for any other reason listed
in Paragraph 3.a.

B.The following provision is added to the
Cancellation Common Policy Condition:

7. Residential Property
This provision applies to coverage on
real property which is used predomi-
nantly for residential purposes and con-
sisting of not more than four dwelling
units, and to coverage on tenants’
household personal property in a resi-
dential unit, if such coverage is written
under one of the following:

Commercial Property Coverage Part
Farm Coverage Part - Farm Property -
Farm Dwellings, Appurtenant Structures
And Household Personal Property Cov-
erage Form
a.If such coverage has been in effect
for 60 days or less, and is not a
renewal of coverage we previously
issued, we may cancel this cover-
age for any reason, except as pro-
vided in b.and c.below.
b.We may not cancel this policy sole-
ly because the first Named Insured
has:
(1)Accepted an offer of earthquake
coverage; or
(2)Cancelled or did not renew a
policy issued by the California
Earthquake Authority (CEA) that
included an earthquake policy
premium surcharge.

However, we shall cancel this poli-
cy if the first Named Insured has
accepted a new or renewal policy
issued by the CEA that includes an
earthquake policy premium sur-
charge but fails to pay the earth-
quake policy premium surcharge
authorized by the CEA.

202230ofIL 02 70 07 20 Insurance Services Office, Inc., 2020 Page 3 of 5 c.We may not cancel such coverage
solely because corrosive soil condi-
tions exist on the premises. This
restriction (c.)applies only if cov-
erage is subject to one of the fol-
lowing, which exclude loss or dam-
age caused by or resulting from
corrosive soil conditions:
(1)Commercial Property Coverage
Part - Causes Of Loss - Special
Form; or
(2)Farm Coverage Part - Causes Of
Loss Form - Farm Property,
Paragraph D.Covered Causes
Of Loss - Special.
d.If a state of emergency under Cali-
fornia Law is declared and the resi-
dential property is located in any
ZIP Code within or adjacent to the
fire perimeter, as determined by
California Law, we may not cancel
this policy for one year, beginning
from the date the state of emer-
gency is declared, solely because
the dwelling or other structure is
located in an area in which a
wildfire has occurred. However, we
may cancel:
(1)When you have not paid the
premium, at any time by letting
you know at least 10 days be-
fore the date cancellation takes
effect;
(2)If willful or grossly negligent
acts or omissions by the
Named Insured, or his or her
representatives, are discovered
that materially increase any of
the risks insured against; or
(3)If there are physical changes in
the property insured against,
beyond the catastrophe-
damaged condition of the struc-
tures and surface landscape,
which result in the property be-
coming uninsurable.

C.The following is added and supersedes any
provisions to the contrary:

Nonrenewal

1.Subject to the provisions of Paragraphs
C.2.and C.3.below, if we elect not to
renew this policy, we will mail or de-
liver written notice, stating the reason
for nonrenewal, to the first Named In-
sured shown in the Declarations, and to
the producer of record, at least 60 days,
but not more than 120 days, before the
expiration or anniversary date.

We will mail or deliver our notice to the
first Named Insured, and to the pro-
ducer of record, at the mailing address
shown in the policy.

2. Residential Property
This provision applies to coverage on
real property used predominantly for
residential purposes and consisting of
not more than four dwelling units, and
to coverage on tenants’ household
property contained in a residential unit,
if such coverage is written under one of
the following:

Commercial Property Coverage Part
Farm Coverage Part - Farm Property -
Farm Dwellings, Appurtenant Structures
And Household Personal Property Cov-
erage Form
a.If this policy provides coverage as
described in the preceding para-
graph, and we elect not to renew
this policy, we will mail or deliver
written notice, stating the reason
for nonrenewal, to the first Named
Insured shown in the Declarations,
and to the producer of record, at
the mailing address shown in the
policy, at least 75 days, but not
more than 120 days, before the ex-
piration or anniversary date.

203230of59851744001510280IL 02 70 07 20Insurance Services Office, Inc., 2020Page 4 of 5 If we fail to give the first Named
Insured shown in the Declarations
notice of nonrenewal at least 75
days prior to the policy expiration,
as required in the paragraph above,
this policy, with no change in its
terms and conditions, shall remain
in effect for 75 days from the date
that the notice of nonrenewal is de-
livered or mailed to the Named In-
sured. A notice to this effect shall
be provided by us to the first
Named Insured with the notice of
nonrenewal.
b.We may elect not to renew such
coverage for any reason, except as
provided in Paragraphs c., d.and e.
below.
c.We will not refuse to renew such
coverage solely because the first
Named Insured has accepted an of-
fer of earthquake coverage.

However, the following applies only
to insurers who are associate par-
ticipating insurers as established by
Cal. Ins. Code Section 10089.16. We
may elect not to renew such cov-
erage after the first Named Insured
has accepted an offer of earthquake
coverage, if one or more of the fol-
lowing reasons applies:
(1)The nonrenewal is based on
sound underwriting principles
that relate to the coverages
provided by this policy and that
are consistent with the ap-
proved rating plan and related
documents filed with the De-
partment of Insurance as re-
quired by existing law;
(2)The Commissioner of Insurance
finds that the exposure to po-
tential losses will threaten our
solvency or place us in a haz-
ardous condition. A hazardous
condition includes, but is not
limited to, a condition in which
we make claims payments for
losses resulting from an earth-
quake that occurred within the
preceding two years and that
required a reduction in
policyholder surplus of at least
25% for payment of those
claims; or
(3)We have:
(a)Lost or experienced a sub-
stantial reduction in the
availability or scope of re-
insurance coverage; or
(b)Experienced a substantial
increase in the premium
charged for reinsurance
coverage of our residential
property insurance policies;
and
the Commissioner has ap-
proved a plan for the
nonrenewals that is fair and
equitable, and that is respon-
sive to the changes in our re-
insurance position.
d.We will not refuse to renew such
coverage solely because the first
Named Insured has cancelled or did
not renew a policy, issued by the
California Earthquake Authority,
that included an earthquake policy
premium surcharge.
e.We will not refuse to renew such
coverage solely because corrosive
soil conditions exist on the prem-
ises. This restriction (e.)applies
only if coverage is subject to one of
the following, which exclude loss or
damage caused by or resulting
from corrosive soil conditions:
(1)Commercial Property Coverage
Part - Causes Of Loss - Special
Form; or
(2)Farm Coverage Part - Causes Of
Loss Form - Farm Property,
Paragraph D.Covered Causes
Of Loss - Special.
f.If a state of emergency under Cali-
fornia Law is declared and the resi-
dential property is located in any
ZIP Code within or adjacent to the
fire perimeter, as determined by
California Law, we may not
nonrenew this policy for one year,
beginning from the date the state of
emergency is declared, solely be-
cause the dwelling or other struc-
ture is located in an area in which a
wildfire has occurred.

204230ofIL 02 70 07 20 Insurance Services Office, Inc., 2020 Page 5 of 5 However, we may nonrenew:
(1)If willful or grossly negligent
acts or omissions by the
Named Insured, or his or her
representatives, are discovered
that materially increase any of
the risks insured against;
(2)If losses unrelated to the
postdisaster loss condition of
the property have occurred that
would collectively render the
risk ineligible for renewal; or
(3)If there are physical changes in
the property insured against,
beyond the catastrophe-
damaged condition of the struc-
tures and surface landscape,
which result in the property be-
coming uninsurable.

3.We are not required to send notice of
nonrenewal in the following situations:
a.If the transfer or renewal of a poli-
cy, without any changes in terms,
conditions or rates, is between us
and a member of our insurance
group.
b.If the policy has been extended for
90 days or less, provided that no-
tice has been given in accordance
with Paragraph C.1.
c.If you have obtained replacement
coverage, or if the first Named In-
sured has agreed, in writing, within
60 days of the termination of the
policy, to obtain that coverage.
d.If the policy is for a period of no
more than 60 days and you are no-
tified at the time of issuance that it
will not be renewed.
e.If the first Named Insured requests
a change in the terms or conditions
or risks covered by the policy with-
in 60 days of the end of the policy
period.
f.If we have made a written offer to
the first Named Insured, in accor-
dance with the timeframes shown
in Paragraph C.1.,to renew the
policy under changed terms or con-
ditions or at an increased premium
rate, when the increase exceeds
25%.

Downey City CouncilOctober 22, 2024

Downey City Council
October 22, 2024