SOUTH GATE CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, November 11, 2025 at
6:30 p.m.
SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
VIEW MEETING LIVE ONLINE AT:
HTTPS://YOUTUBE.COM/@SOUTHGATECA90280
City Officials
MAYOR,
Maria Davila
CITY CLERK,
Yodit Glaze
VICE MAYOR,
Joshua Barron
CITY TREASURER,
Jose De La Paz
COUNCIL MEMBER,
Maria del Pilar Avalos
CITY MANAGER,
Rob Houston
COUNCIL MEMBER,
Gil Hurtado
CITY ATTORNEY,
Ra
ú
l F. Salinas
COUNCIL MEMBER,
Al Rios
If you would like to participate in this meeting, you can participate via the following options:
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[email protected] no later than 4:00 p.m. on the day of the meeting. Please write "Public Comment" in the subject line.
3. ATTEND THE MEETING IN PERSON
*The disruption in service of any alternative method does not prelude the City Council or other legislative
body from taking further action and moving forward on the agenda.
Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, 1 closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.
Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
City's Vision Statement
We envision a thriving, safe and inclusive community where everyone has the opportunity to access exceptional services, education and support to be resilient and live full, vibrant lives.
Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.
Emails for public comment received prior to 4:00 pm on the day of the Council Meeting will be summarized by the City Clerk, not read in its entirety. A copy of the email will be provided to the City Council and will also be available at the City Clerk's Office for public review. A copy of each email will be recorded for public record and noted on the official minutes of tonight's meeting.
Call to Order/Roll Call With Invocation & Pledge
CALL TO ORDER:
Maria Davila, Mayor
INVOCATION:
Steve Costley, Director of Parks & Recreation
PLEDGE OF ALLEGIANCE:
Jon Hamilton, Director of Human Resources
ROLL CALL:
Yodit Glaze, City Clerk
Presentations
1. City's Budget and Fiscal Future
The City Council will consider receiving and filing a presentation on the City's Budget and Fiscal Future. (AS)
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall 2 be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.
Reports And Comments From City Officials
During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Consent Calendar Items
Agenda Items
2, 3, 4, 5, 6, and
7 are Consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action. Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.
Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.
2. Ordinance: Reducing Citizen’s Advisory Committee From 20 to 10 Appointed Members
The City Council will consider: (CD)
a. Introducing an Ordinance amending Section 1.25.020 (Membership) of Chapter 1.25 (Citizens' Advisory Committee), of Title 1 (Administration and Personnel), of the South Gate Municipal Code to reduce the number of appointed committee members to ten (10) entitling each Council Member to appoint two (2) committee members from among qualified residents of the city who are eighteen years of age or older. Before taking office, each committee member shall be confirmed by a majority vote of the City Council.
Documents:
Item 2 Report 11112025.pdf
3. Amendment No. 3 to Contract No. 2023-130-AC for As-Needed Professional Services Agreement with Willdan Engineering, Inc.
3 The City Council will consider: (PW)
a. Approving Amendment No. 3 to Contract No. 2023-130-AC with Willdan Engineering, Inc., through November 30, 2025;
b. Approving use of Housing Authority administrative funds for as-needed services totaling $61,000; and
c. Authorizing the Mayor to execute the Agreements in a form acceptable to the City Attorney.
Documents:
Item 3 Report 11112025.pdf
4. Approve Change Order No. 8 to Contract No. 2024-100-CC with Vortex Services LLC., for the Construction of the Sewer Lining Project, #709-SW – Change Order
The City Council will consider: (PW)
a. Approving Contract Change Order 8 to Contract No. 2024-100-CC (“Agreement”) with Vortex Services, LLC, dba Sancon Technologies, to rehabilitate 24 manholes at various locations under the Sewer Lining Project, City Project No. 709-SW, in the amount of $133,800; and
b. Authorizing the Assistant City Manager/Director of Public Works to execute Contract Change Order No. 8.
Documents:
Item 4 Report 11112025.pdf
5. Professional Services Agreement with SA Associates, Inc. to Prepare Design and Construction for Firestone Blvd. Pipeline Replacement Project, City Project No. 737-WTR
The City Council will consider: (PW)
a. Approving a Professional Services Agreement with SA to prepare design and construction documents for the Firestone Boulevard Pipeline Replacement Project, City Project No. 737-WTR, for an amount not to exceed $356,000;
b. Appropriating $100,000 in Water Funds to fully fund the budget for the Firestone Boulevard Pipeline Replacement Project, City Project No. 737-WTR;
c. Authorizing the City Manager to approve and execute amendments up to a cumulative amount of $100,000; and
d. Authorizing the Mayor to execute the Agreement in a form acceptable to the City 4 Attorney.
Documents:
Item 5 Report 11112025.pdf
6. Agreement with O.C. Vacuum, Inc. to Provide Specialized Operation and Maintenance Services for the Storm Water Diversion System Located at the Urban Orchard Park
The City Council will consider: (PW)
a. Approving an Agreement with C. Vacuum, Inc. to provide operations and maintenance services for the storm water diversion system located at the Urban Orchard Park, for a three-year term, for an amount not to exceed $450,000, or $150,000 per year;
b. Authorizing the City Manager to approve and execute amendments for a cumulative amount of $100,000;
c. Authorize the transfer of $190,000 in Measure W Funds from the Fiscal Year 2025/26 Capital Improvement Program, Urban Orchard Project budget to the Fiscal Year 2025/26 Operating Public Works Budget to fund first year services and contingency funds; and
d. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 6 Report 11112025.pdf
7. Attorney Fee Agreement with Outside Counsel
The City Council will consider: (CM)
a. Approving Attorney Retainer Agreement with the law firm of (1) Liebert Cassidy Whitmore; (2) Aleshire & Wynder; (3) Lewis Brisbois: (4) Rothans, Carpenter & Dumont; and Frost Brown Todd LLP to continue to provide legal services to the City related to consulting, representational and legal services and
b. Authorize the City Manager to execute such agreements in a form acceptable to the City Attorney.
Documents:
Item 7 Report 11112025.pdf
Reports, Recommendations And Requests
8. Appointment to the Board of Trustees of the Greater Los Angeles County Vector Control District
5 The City Council will consider: (CM)
a. Appointing a Council Member to the Greater Los Angeles County Vector Control Board for a 2 or 4-year term of office commencing on January 5, 2026. The appointment requires a majority vote of the City Council.
Documents:
Item 8 Report 11112025.pdf
9. Warrant Register for November 11, 2025
The City Council will consider: (ADMIN SRVS)
a. Approving the Warrant Register for November 11, 2025.
Total of Checks: $4,507,831.68 Less: Voids
$ (0.00)
Less: Employee Payroll Deductions
$ (537,001.19
Grand Total: $3,970,830.49
Cancellations: None
Documents:
Item 9 Report 11112025.pdf
Adjournment
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on November 6, 2025, at 5:05 p.m., as required by law.
Yodit Glaze
City Clerk
GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.
MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:
City Clerk
6 Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.
PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers.
Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.
Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.
To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, email, mail. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.
CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.
STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.
SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
7 Item No. 2
Uffice of the
SOuth Gate City Clerk
NOV 05 2025 Ciffl of South Gate
FILED
(! lli \'@r
CITY COUNCIL
AGENDA BULL
DepartmentHead:
For the Regular Meeting of: November 11, 2025
Originating Department: Comm Develo
Ciffl Manager:
Rob Houston
SUBJECT: ORDINANCE REDUCING CITIZENS' Al)VISORY COMMITTEE FROM 20 TO 10 APPOINTED MEMBERS
PURPOSE: To introduce an Ordinance amending the number of appointments to the Citizens' Advisory Committee ("CAC") from 20 members to 10 members appointed by the City Council.
RECOMMENDED ACTIONS: The City Council will consider introducing an Ordinance amending Section 1.25.020 (Membership) of Chapter 1.25 (Citizens' Advisory Committee), of Title 1 (Administration and Personnel), of the South Gate Municipal Code to reduce the number of appointed comi'nittee members to ten (10) entitling each Council Member to appoint two (2) committee members from among qualified residents of the city who are eighteen years of age or older. Before taking office, each committee member shall be confirmed by a majority vote of the City Council.
FISCAL IMPACT: CAC members receive a stipend of $25 per meeting. The reduction of members from 20 to 10 will yield a savings of $250 per meeting.
ANALYSIS: The City Council is being asked to provide direction as to whether an ordinance should be presented for consideration to change the membership number of the advisory body.
Should the City Council approve the introduction and adopt the Ordinance, it would be effective in December 2025. At that time, City Council Members would be asked to submit their nominees to be agendize for City Council approval. The goal would be to convene the first meeting of the new Commission in time to consider the Coinmunity Development Block Grant ("CDBG") awards for FY2026-27.
BACKGROUND: The CAC is an advisory coininittee to the City Council. The City Council, by state law, is the responsible legislative body in matters relating to the annual action plan process.
The CAC is involved in the development of the annual action plan and the development and/or review of all elements pertaining to the planning and preparation of the CDBG Program. The committee assesses community development needs and reviews comi'nunity objectives whenever deemed necessary and provides recomi'nendations on the use of CDBG funds to the City Council. 1 8
The CAC currently meets on an as-needed basis (meeting up to six (6) times a year) and is comprised of 20 members appointed by the City Council. In recent years, filling all committee seats has proven challenging, and achieving a quorum formeetings has also been an ongoing issue.
Staff recoinmend reducing the number of CAC members to improve the manageability of appointments and to increase the likelihood of reaching a quorum for future meetings.
ATTACHMENT: Proposed Ordinance
2 9
ORDINANCE NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, AMENDING SECTION 1.25.020 (MEMBERSHIP) OF CHAPTER 1.25 (CITIZENS' ADVISORY COMMITTEE) OF TITLE l (ADMINISTRATION AND PERSONNEL) OF THE SOUTH GATE
MUNICIPAL CODF, REDUCING THE NUMBER OF APPOINIEI) COMMITTEE MEMBERS TO TEN (10) AND ENTITLmG EACH
COUNCIL MEMBER TO APPOINT TWO (2) MEMBERS TO THE
COMMITTEE
WHEREAS, the Citizens' Advisory Cominittee ("CAC") is an advisory coinmittee to the City Council;
WHEREAS, filling all coinrnittee seats has proven challenging, and acliieving a quorum for meetings has also been an ongoing issue;
WHEREAS, the South Gate Municipal Code, Section 1.25.020 (Membership) provides for twenty members to be appointed by the City Council entitling each Council Member to appoint four members 'from among qualified residents of the City who are eighteen years of age or older; and
WHEREAS, the City Council wishes to reduce the number of committee members to a total of ten (10) to improve the manageability of appointments and to increase the likelihood of reaching a quorum for future meetings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and current and incorporated herein by reference, and does hereby determine that the public health, safety, and general welfare of the City and residents can benefit by amending Section 1.25.020 (Membership) of the South Gate Municipal Code.
SECTION 2. Section 1.25.020 (Membership) of Chapter 1.25 (Citizens' Advisory Committee) of Title l (Administration and Persotuaiel) of the City of South Gate Municipal Code is hereby amended to read as follows:
Section 1.25.020 Membership
The citizens' advisory committee shall consist of ten members. Each city council member shall be entitled to appoint two committee members from among qualified residents of the city who are eighteen years of age or older. Before taking office, each committee member shall be confirmed by a majority vote of the city council.
Pagelof2
10 SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, or phrase thereof, not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be declared invalid or unconstitutional.
SECTION 4. To the extent the provisions of the South Gate Municipal Code, as amended by this Ordinance, are substantially the same as the provisions of that Code as they read iinmediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.
SECTION 5. The City Manager and his designees are hereby authorized and directed to take all other actions which they deem reasonably necessary to carry out the intent of this Ordinance.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law.
PASSED, APPROVED and ADOPTED this day of 2025.
CITY OF SOUTH GATE:
By:
Maria Davila, Mayor
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: DRAFT
Raul F. Salinas, City Attorne-y
11 Item No. 3
Office of the
SOufh Gate Ci!y Clerk
NOV 06 2025
FILED C'Uy of South Gate
CITY COUNCIL
"""a"" AGENDABHLL
Department Director:
Rob Houston
SUBJECT: AMENDMENT N0. 3 TO CONTRACT N0. 2023-130-AC FOR AS-NEEDED PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING, INC.
PURPOSE: To approve an amendment to the as-needed professional services with Willdan Engineerirzg, Inc., extending the contract term through November 30, 2025.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 3 to Contract No. 2023-130-AC with Willdan Engineering, Inc., through November 30, 2025;
b. Approving use of Housing Authority administrative funds for as-needed services totaling $61,000; and
c. Authorizing the Mayor to execute the Agreements in a form acceptable to the City Attorney,
FISCAL IMPACT: The proposed additional contract amount of $61,000 will be funded by the Housing Authority of the City of South Gate administrative 'funds. Fees will be incurred based on the services provided and agreed-upon rates.
Position Contract Amount
Housing Authority (Special Revenue) $61,000
Housing Inspector (1 FTE)
Total $61,000
BACKGRO{JND: City staff requests approval of the proposed amendment to extend services provided by Willdan Engineering, Inc. ("Willdan") to assist the Housing Authority of the City of South Gate with required housing inspections. These inspections are necessary to comply with regulations and to ensure timely project delivery.
Willdan's original contract for $50,000 was approved on September 6, 2023, to provide services related to code enforcement. Contract Amendment No. 1, in the amount of $175,000 was approved on November 14, 2023, following the unexpected termination of a third-party code enforcement 1 12
provider's contract.
ANALYSIS: Willdan currently provides essential services to the City of South Gate ("City") through the Housing Authority. These services include Section 8 housing inspections.
The proposed amendment allocates funding for services already provided by Willdan in support of Section 8 housing inspections. Willdan's continued involvement has been essential in maintaining compliance with HUD regulatory standards-particularly during the interim period as the City works to fill the vacant Housing Inspector position.
Staff conducted an analysis and determined that hiring a full-time Housing Inspector would be more cost-effective than continuing with contracted inspection services, resulting in an annual cost savings of $64,416.47. The City is actively recruiting for this role and anticipates concluding Willdan's services upon the successful onboarding of a full-time Housing Inspector.
ATT ACHMENTS: A. Amendment No 3 to Contract No. 2023-130-AC -Willdan B. Amendment No. 2 to Contract No. 2023-130-AC - Willdan C. Amendment No. 1 to Contract No. 2023-130-AC - Willdan D. Original Contract No. 2023-130-AC - Willdan
2 13
Attachment A
AMENDMENT N0. 3 TO CONTRACT N0. 2023-130-AC FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF SOUTH GATE AND WILLDAN ENGINEERING, INC.
This Amendment No. 3 for Professional Services for staff augmentation ("Agreement") is made and entered into on November 11, 2025, by and between the City of South Gate, a municipal corporation ("City"), and Willdan Engineering, Inc. a California corporation ("Consultant"). City and Consultant are sometimes hereinatter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, on September 6, 2023, the City Manager approved Contract No. 2023-130- AC with Consultant to provide certain services relating to Code Enforcement in an amount not to exceed Fifty Thousand Dollars ($50,000) and
WHEREAS, on November 14, 2023, the City Council approved Amendment No. 1, retroactively effective October 1, 2023, to continue providing as-needed services to Cornrnunity Development Department, in an amount not to exceed $175,000, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement to a sum of Three-Hundred Thousand Dollars ($225,000).
WHERAS, on October 8, 2024, the City Council approved Amendment No. 3 to Contract No. 2023-130-AC, to continue providing as-needed services to the Community Development Department for the period up to April 30, 2025, in an amount not to exceed Four Hundred Thousand Dollars ($400,000), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement to the sum of Six Hundred Twenty-Five Thousand Dollars ($625,000).
WHERAS, City and Consultant desire to execute AmendmentNo. 3 to Contract No. 2023- 130-AC, to continue providing as-needed services to the Community Development Department for the period up to November 30, 2025, in an amount not to exceed Sixty One Thousand Dollars ($61,000), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement to the sum of Six Hundred Eighty-Six Thousand Dollars ($686,000).
NOW, THEREFORE, the Parties hereby agree as follows:
1. MODIFICATION TO AGREEMENT
1.1 TERM OF AGREEMENT.
Consultant agrees to extend its services from April 30, 2025, until November 30, 2025, unless otherwise terminated in accordance with the terms of this Agreement. 3 14
1.2 COMPENSATION FOR SERVICES.
The total amount of compensation for this Agreement shall not exceed the sum of Six Hundred Eighty-Six Thousand Dollars ($686,000) as described in Consultant's proposals attached hereto as Exhibit "A." The City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by the Community Development Director or her designee.
2. EFFECT OF AMENDMENTS. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachments and Exhibits attached hereto, shall remain unchanged and in full force. Furthermore, the City reserves the right to augment or reduce the scope of work as the City deems necessary.
3. EFFECTIVE DATE. The effective date of this Agreement is November 11, 2024, and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
15 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
By:
Maria Davila, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAI,)
APPROVED AS TO FORM:
B7:
,,RAFT
Raul F. Salinas, City A
Willdan Engineering, Inc.
B7:
Patrick Johnson,
Director of Building and Safety
Dated:
16 Attachment B
Amendment No. 2 to
Contract No. 2023-130-AC
AMENDMENT N0. 2 TO CONTRACT N0. 2023-130-AC FOR
PROFESSIONAL SERVICES BETWEH:N THE CITY OF SOUTH GATE AND WILLDAN ENGINEERING, INC.
This Arnendtnent No. 2 for Professional Services for staff augmentation ("Agreement") is made and entered into on October 8, 2024, by and between the City of South Gate, a municipal corporation ("City"), and Willdan Engineering, Inc. a California corporation ("Congultant"). City and Consultant are sometimes hereinafter individually tefered to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, on September 6, 2023, the City Manager approved Contract No. 2023-130- AC with Consultant to provide certain services relating to Code Bnforcement in an amount notto exceed Fifty Thousand Dollars ($50,000) and
WHEREAS, on November 14, 2023, the City Council approved Amendment No. 1, retroactively effective October 1, 2023, to continue providing as-needed services to Coimnunity Development Department, in an amourit not to exceed $175,000, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement to a sum of Three-Hundred Thousand Dollars ($225,000).
WHERAS, City and Congultant desire to execute AmendrnentNo. 2 to ContractNo. 2023- 130-AC, to continue providitig as-needed services to the Community Development Department for the period up to April 30, 2025, in an amount not to exceed Four Hundred Thousand Dollars ($400,000), utider the terms and conditions of the Agreement, bringing the aggregate total of the Agreement to the sum of SixHundred Twenty-Five Thousand Dollars ($625,000).
NOW, THERF,FORE, the Parties hereby agree as follows:
1. MODIFICATION TO AGREEMENT
1.1 TERM OF AG[EMENT.
Consultant agrees to extend its scrviccs for six (6) months up to, and including April 30, 2025, unlcss othemseterminatedin accordance with the terms ofthis Agreement. 1,2 COMPENSATION FOR SERVI(JS.
The total amount of compensation for this Agreement shall not exceed the sum of Six Hundred Twenty-Five Thousand Dollars ($625,000) as described in Consultant's proposals attached hereto as Exhibit "A." The City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by the Community Development Director orher designee.
2. EFFECT OF AMENDMENTS. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attacents and Exhibits attached hereto, shall remain unchanged and in full force. Furthermore, the City reserves the right to augment orrcduce the scope ofwork as tbc City deems necessary, 17 3. EFFECTIVEDATE.TheeffectivedateofthisAgreementisOctober8,2024,andwillremain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
n!J WITNESS WHEREOF, the Parties hereto have caused tis Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
By:
ATTEST:
B7:
Y
APPROVED AS TO FORM:
F. Salinas, City Attorney
Willdan Engineering, Inc.
By:
Dated:
All
Vanessa Muno President
10/21 :,oz4
18 EXHIBIT A
19 VW%25,;
September 11, 2024
Ms. Meredith Elguira
Director of Community Development
City of South Gate
8650 California Avenue
South Gate, CA 90280
Subject: Code Enforcement Program Analysis, Develapment, Imp{ementaUon, Training, and Preparation of a Poticy and Procedures Manuat (Estimated Timelines and Casts) Dear Ms. Elguira:
Based upon our recent video discussion with you and your Building Official, William Campana, Willdan Engineering (Willdan) has taken the comments from our meeting and consolidated them into an estimate of times to perform tasks along with projected costs. We are hopefuJ that this document provides South Gate with an understanding of what we believe each task will involve and the costs associated with those tasks; this document is intended to be an addendum to our previous letter proposal of August 5, 2024.
Please review these projections andi let us know if any additional information is needed to assist in making this important decision.
All the best,
Sincerely,
WILLDAN ENGINEERING
Aa:le'Brac4' \
562.9€]8.8200 l 800.49g.4484 l fax: 562.6')5.2120 I 13191 Crossroads Parkviay Narth, Suite 4(J5, Industry, Califamla 95746-3443 I www.wllldan.com 20 WILLDAN
Contract Code Services
This project aims to enhance the City of South Gate's Code Enforcement program through comprehensive analysis, development, implementation, training, and preparation of a policy and procedures manual. Willdan staff will execute the project in coordination with the City's Community Development Director.
Deliverable No. 1 (Program Analysis)
1. Background Analysis Phase (performed in Willdan Offices) * Website Review:
* Conduct an initial review of the City's website related to code enforcement. * Identifyopportunitiesforenhancinguseraccessibilityandinformationdissemination through the City's Website.
Review other Code Enforcement Websites for "best of practice" comparison. * Time estimate:4 hours
* Communication Technology Assessment:
* Review all communication equipment City personnel use (phones, cellphones, tablets, laptops) (South Gate to provide a comprehensive list of these items to Willdan). * Assessthepotentialforenhancingefficiencythroughtechnologicalupgradesandprovide recommendations for equipment changes or upgrades.
it Review other Code Enforcement Operations for "best of practices" communication equipment comparison.
Time estimate: 4 hours
* Operational Review:
a Examine all administrative regulations, policies, procedures, fee schedules, and record retention policies related to Code Enforcement Operations [South Gate to provide all these items to Willdan).
* Analyze reports on revenue, inspedions, code enforcement cases, citations, productivity, and backlog (South Gate to provide a11 these items to Willdan) and provide recommendations.
Time estimate: 80 hours
Municipal Code Review:
a ReviewtheCity'sMunicipalCodeandapplicablelawsandstatutes(SouthGatecaneither provide these documents to Willdan or direct us to the correct location of the Municipal Code on the City's Website).
* Provide recommendations for legislative improvements and updates based on best practices statewide.
Time estimate: 32 hours
Document and Process Analysis:
* Conduct an initial analysis of all City forms, notices, letters, and citations (civil or criminal)(South Gate to provide all these items to Willdan). * Review the fee collection process and analyze methodologies used for resolving code matters (South Gate to provide all these items to Willdan). * Willdantocreaterecommendationsforprogramimprovementintheuseofformsandfee collection areas.
Time estimate: 60hours
COMPR EHE NSIVE.
INNOV ATIVE.
TFIUSTED.
C I ! 7' D f 51.) :.' fi-l I:ai '7 *'E' tTf'i i-7q : I.F.;3,ar, ; i l E I ,' 5 (,,"IT : "; lO 21
CITY OF SOLjTH GATE
Upon receipt of these requested items, Willdan will complete a review and provide written recommendations for program improvement.
Time to complete: 180 hours Cost: 525,200
2. Onsfte Analysis Phase
* Stakeholder Engagement:
a Meetwithdepartmentstafftogatherinsightsonissues,concerns,goals,andsuggestionsfor program improvement.
a T/me Estimate: 8 hours
* Skill Assessment of field and supervisory staff @ Conduct field investigations and inspections with South Gate Code Enforcement staff members to understand their field practices and needs for training. * Compile notes regarding each staff member which will be used to create tra.ining guidelines. * Time estimate:32 hours
Time to complete: 40 hours Cost: 65,600
TotalCostforDeliverabFeNo. 1J30,520
Deliverable No. I to be completed within 60 days of contract award.
Following the office and onsite review sections of this project, the Willdan team will meet with the South Gate management team to review our ffindrngs and discuss the next steps. An outline of those recommended next steps is detailed below.
Deliverable No. 2 (Program Development & Implementationl
1. Development Phase
ii process Improvement, Policy and Procedures Update/Creation:
a Develop enhanced operational procedures based on analysis findinBs. * Integrate technology solution recommendations to improve communication and efficiency. * Prepare a comprehensive manual outl?ning updated policies and procedures.
Develop a South Gate-specific training program to address "gaps" in the knowledge and expertise of Code Enforcement team members.
* Ensure alignment with legal requirements and best practices in code enforcement.
Time to completei 160 hours Cost: 522,400
2. Training Phase:
* Comprehensive Training Program:
* ConducttrainingsessionsforCitypersonnel,covering:
s Conducting thorough inspections.
ii Investigative techniques and proper documentation. * Mastering public contact and case resolution techniques.
Officer safety principles and efficiency techniques. * Reviewoftheabatement,civilcitation,andcriminalcomplaintprocesses. * Supervisory Training
Time to complete: 10(I hours Cost: 614,000
3. Implementation Phase:
* Pilot Program:
w"
22 CITY OF SOUTH GATE,
* Implement a pilot program to test new procedures and technologies. * Gather feedback and make necessary adjustments before full-scale implementation.
Full Implementation:
* Roll out the updated Code Enforcement program city-wide. * Ensure all staff are equipped with the essential resources and support.
Time to complete: 80 hours Cost: Sll,200
Total Costfor Deliverable No. 2: S47,600
Deliverable No. 2 to be completed wRhin 90 days of completion of Deliverable No. 1.
Total Costs for Deliverables No. I and 2: 978,120
After completion of Deliverables No. 1 and 2, the Willdan team will provide the management team at South Gate with a document detailing our written findings, on-going training plans for South Gate Code Enforcement staff members and our completed Policy and Procedures Manual.
Additional services on an on-going/on-call basis are detailed below:
Deliverable No. 3 (On-Call Code Enforcement services)
1. Oversight and Evaluation:
ii Supervision and Planning:
* Assess,plan,review,andoverseetheworkofCodeEnforcement0fficers. * Provide assistance and advice on complex issues.
* Code Enforcement:
ii Ensure all codes are enforced, and ordinances are interpreted correctly; conduct review of sample field reports from South Gate Code Enforcement Officers to verify compliance with training requirements.
* Citizen Engagement:
* Establish procedures to resolve citizen and customer inquiries and concerns. * Monitor follow-up responses by staff.
Citation Process Oversight:
* Assess the administrative citation prOCeSS, ensuring correct implementation and final disposition.
Technical Consultation:
* Provide technical advice to other divisions regarding citations, ordinances, procedures, and interpretations.
Staff Conferences:
* Conduct staff conferences to discuss policies and procedures. * Provide instruction on updated information.
@ InvestigaUon and Resolution Monitoring:
* Monitor investigations and resolve various issues and complaints, Speclalized Studies and Reporting:
* Direct, conduct, and coordinate specialized studies. ii Prepare reports and correspondence as needed,
Costs for addltional servlces are 5140 per hour wlth an agreed budget (negotiated hours needed) prior to the services being provided,
w"
12- 23
CITY OF SOUTH GATE
Willdan will provide contract code enforcement services to the City of South Gate for a flat hourly rate based ontheWilldanhourlyrateschedulebelow. Allratesandcostsshallbeeffectivethroughthetermsofthe agreement.
NOTE: Overtime rates of l.5x the regutar hourly rate will be charged for ali overtime hours worked.
Code Enforcement Officer
Sr. Code Enforcement Officer
Supervisor
Manager/Consultant
Director
Technician
Vehicle
975/hour
!;90/hour
5110/hour
6140/hour
5165/hour
%5/hour
!;100/hour
W'
13 24
Attachment C
fflNDMENT N0. 1 TO CONTRACT N0, 2023.130.ACFOR
PROFESSIONAL SERVIUI!;Null:IWIEN!'Hk,CITYOFSOUTHGATE
This AmmdmentNo.l to ConttactNo. 2023-130-AC to extend Professioml 8emm for stdf' augmentatton ("Apemetit") is made and entered into on November 14, 2023, by and beCweentheatyofSouthGate,am'tuiicipalcorporatton ("C*ty"),andWllldanBnB€ueering,me, & Callforia corporation (4'Oongultant"). City and Cotant are sometknes hemnafter individually referm to as al'Pa$" andcolledvelyas l'Partles." RECiTALS
WHERfiAS,Citydoesnothavethepersomtelableand/oravailable toperformthesetviam under ffiig A@eeisnt;
WHERRA8, (:!onsu)tantwartsto the City that ithas apoolofgub-contraoton with the skills, )atowledge, quallflaatiotis, and expertlge to perform pmpetly and timely the Professio51 Semws undertbe A@eemen€,
fflffiat'A5i, on Septetnber 6, 2023, the City Maritiger approved CotitraotN6. 2023-130, AO with Comultant to pmvide wrtin gayices rela% to CodeBnforcement *n an amountnotto exceedFifty ThousandDollai ($50,000); aiid
WHfiREAS> Qd and Congultant desire to exaoute Amendment No. l to Contract No 2023-130-Aq, retroaotivelyaffective October 1, 2023, to contintie provtdingserviaesidentifiedin the SCOpe Otwat attaohcdltereto as J3xhibJt "A" mid tnaae apartofthis Amendmerit,to molude addmonal us needed %fessiom 8emcep for the Community Developmeni Departtnent, in an ount not to exceed One Hundred Seventy-Tlvei Thousand Dollars ($17!!,000), under the terms and conditiotm ofie A@eement, bhgiag theagpgate totoal oftbeAgnemem to the gum otTwo HwdredTwenty-FtveThousandDollam ($225,000),
NOW,THEREFOR, the Patttes herebyagzeasfollows:
1. MODiCA'ffONTO AGRF'EMENT,
S.I TERM OF A(?. Consultam agtces to extend its servlces for one (1) yearlretroagtjveiyeffectiveOotober 1,,2023,orthtoughpmjectoompletion,unless otherwiaeterminated in accordance widi theiermsof tbis Agraetnsat. t.2 COMPRN8AT[ON FOR 8fJffiCES, The total amount of oompmation for this Agtemnent g.han not egeed the sum of One Hundred Seventy-E'lve Thouuad Donars($175,000) w describedinConsultant's proposalattaohedhereto M Bxbibit "A."The atyahallpayCoaqultantforitsprofesgioalservlcurondemandcoata tnmrredpwiianttoThisAgreement. Noadditioimlcompensationahallbepaidfor miy other expenses bxcur4 unless bt approved in writing by the Commu'nity DeveIopmentDkector or her designee,
t'l 25
2. EFFECT OF AME)NDMENT8. Exeeptas expteasly amended heteiu, all other termsand oondittOns Of the Agreement and Jig enenbi Attachments and Exhibits attached )'iereto, shallremainunahanged and in full foroe. Futthermore, the City reserves the rigiit to augment orreduce the scope ofwork as theCity deemsnecessary.
3. EFFH,CTn?E DATE. The effectiye date of this Agreement ts October 1, 2023, and will remainin effect forone(l)year, orthmughanduntilprojece ootnpletion, unless othenvise terminated in accordmce with the terms of this Agreement, INWITNKSiSWHKREOF,thePartiesheretohavecausedthiaAmendmentNo, ltoContt'aatNo, 2023-UO-ACto be executed and attested by their respectiveofflcers tliereunto duly authorized, Ba'lTy2>ib
Mai4a delPilarAvalos, Mayor
Dated: ///:'/2dz )
ATTEST:
City Clerk
APPROi AJ!i TO FORM:
Z,.,/
[ul F. 8alinas, City Attorney
WILLDAjSI KN(jlNKMIN(;. lNCi
PatrEk Johnson, PE, CBO
Director of Building and Safety
F'5 26
EXHIBIT A Miwl!m5=
Aprll 21, 2023
Ms. Meredith Elguira
Director ofComrnunity Development
City of South Gate
8650 Catifornla Avenue
South Gate, CA 90280
Sutxject: Code Enforcement/Veridor Enforcement Senrices Dear Ms, Elgulre:
We wouldlike to express our gratitude for the opportunity to submit this proposal to provide cpntract COde enforcement SerVices tO the City Of SOuth Gate. W(th OVer 59 'years Of experience in munlC?pal consulting services, Witldan Engineering (Willdan) has established a solid reputation for delivering exceptional code compliance solutions to cities and countiesthroughout the State of California.
At Willdan, we understand the importance of efficient and effective code enforcement In maintaining a safe and thriving community. Our extensIve experience )n vendor enforcement, combined with our commitment to e:xcellence, enables us to provide comprehensive code enforcement servlces taliored to the unique needs of our cliei"its. We have successfully supported numerous Jurisdictions with vendor enforcement SerViCeS,including notable. ClientS Sllch aSthe CltieS OflnHleWOOdlTOrranCel and Fontanai Our proposed Project Manager, Mr. Terry Cox, brlngs a wealth of experIence In managing and operatin@code enforcement programs, With his leadership arid oversight, we assure you of the highest level of service delivery, Mr. Cox will personally ensure that our team of skilled and experienced ode offlcerseffectively haridles all aspects of the assigried project, demonstratlng their expertise in the field, In Our BttaChed dOCumentJ We haVe outlined our approach to the services requested and introduced our key staff, We firmly believe that our comprehensive uriderstanding of code enforcement best practices, coupled With Our tract< record Of suCCesSil implementatioris, makes LIS an ideal partner far' the City ofSouth Gate.
We eagerly anticipate the opportunity to discuss our quaiifications arrd prmnt our ideas for project implementation in greater detall, Should you have any questions or require additional information, weencourage you to contect Mr, Brady at (951} 454-3539 or Mr. COX at (562) 233-8969.
Thank yoll for considering Willdan Engineering as your trusted provider of contract code enforcement 5ervices, We (ook forward to the possibility of working together to erisure the continued success and prosperity of the Ctty of South Gate,
Respectfully subn'iitted,
WIIIJ)AN ENGINEERING
[email protected]
g62.908f!200 I O(K).490.4484 l iaX: 562.695.2120 l *a'lgl Omattraads ParkWaV NOrih, Sitlte 405, Indutiliy, Callfornla 9i746-3443 I WWW.Willdan.aOm 27 CITYOF' SOUTH GATE:
Firm Profile
ScopeofWork
Project Manager 3
Fee Schedule 4
Related Experience,, .. 4
References
Resumes 7
28 ClffOF SOUTH GATE
Firm Profile
Foundedlnl964,WtlldanGroup,Inc.isaleadlngnationwidepro'vider H,(a,Ha,5e,,(,5uszHess of-professlonaltechnicalaridconsultingservlces,Theprimaryrnarkets (,y,)yey5gyB(y, Willdan servesare municipal englneeringi planning,infrastructure, and transportation; energy; and economtc and financial analysis, The company serves these three complementary markets through Its three service segments - 1) engineering (Willdan EngirieertnB), 2} eriergy effic[encV (Wiildan Energy Solutions)i and 3) publicflnance (Willdan Flnancia) services), Wllldan haS a reputation far delivering high-quality prOjeCtS On time and Within budget. ROoted in Willdan'S corporate cutture iS itS FOCUS On quality customer service, The COmpan'y' has more than 1600 employees, includlng licensed engineers, program and construction managers, financial analysts, planners, and other skilled professionals,
Witldan benefits from we!l-estab(ished relationships with local and state governnient agencies, investor- owned and municipal utilities, and privats-sector commerclal and industrial firms throughout the United States. The company served more than 800 distinct clients in 2015, Headquartered in Anaheim, the company operates from offices tn more than 30 states across the US.
Willdan Engineering
Willdan Engineering (Witldani a California Corporation and subsidiary of WGI, specializes iri solutions tailored to the unique needs of municipalities and other local Bovernment agencies, Services rarige from full-time, in-house staffing tO interim Or pait-time assrstance On a project-by-project baSIS.
Wllldarb's understanding of public agency needs and issues is unique m the industry, In addition to the srgriiflcant portion of our staff that have served in public agency w/udan,sbt,s,. esg7,odet, management positions prior to Joining Willdan, Willdan has had ce,me4on,Hepu5H,seCto, numerous assignments with over 60% of the cities and counties in Californiaforbuildinsoffictalsicityengineers,planninBtJirectors,traffic WeCar4unOtiOna8partofthe engineers, and other public agenC)l staff members, With Our depth of City ofSomh (3ate' team experience, expertise, I<nowledge, and resources, w(11dan is able to 'w'f?"faco"f"Cf'41n'gre'a offer practical !iolutlons that are timelyi cost-effectivei and that meet the needs of Individual communities, The diversity of our staff experience is an added value of our professional services.
Building and Safety
Willdan's experience arid strength in ptan review and inspection servlces encompass a complete range of tachnlcal discipilnes, induding permit rssuance, building inspection, grading inspection, Code Enforcement, parkmg control, CASp services, flood zone experience, buildirig plari review, and fire-life safety. Willdan maintains excellent working I(nOWledge of all appliCable COdeS and Standards lncluding California Building Codes, California Title 24 requirements on accessibility. Our code enforcement personnel are PC 832 certified and are certified COde professionals through CACEO Elnd Often ICC, Tit, inspection, plan review, and code enforcement staff maintairi current certifications and attend training on a regular basis, to stay current with !ndustry technologies and standards, Specific certifications arid education are delineated 7n staff resumes herein,
INNOVATIVE.
TRUSTED.
City of South Gate Code Enforcemem Services
Page i 1
16 29
CITY OF' SOUTH GATE
ifflfflll
Code Enforcemerit Serylces
Code enforcemerit services are among the most complex and challenging services that government agencies provlde, According tD nationWlde gtudleS, property valuesi crime rateSI Insurance rateSj buSineSS developmerit, Elrid the sense of community pride can be directly impacted by the successes of a Jurisdiction's code enforcement program.
TOaidJuriSdiCtl0nSWith thedifffculttaskOfmalntainingtheaqual)ty OflifefOritS cltizeris throtiHh such programs, Willdan has assembled a quality staff with extensive publlc agency experience in the areas of neighborhood preservatton, housing Inspection, and code enforcement. Our expertise includes the development arid implementation of Inspection programs designed to ensure public safety, promote community involvement, and protectthe quality-of-life tssuesthrough communityeducation andenforcementof municipal and related codes Including preparation for, arid particlpaUon In, prosecution by dty and district attorneys.
Wllldan provldes the folfowlng professional services:
e Inspectionserv{cesforHUDsectlon8progranis.
* Revfew, study, and analysis of existing programs.
* Developmentofordlnancesaridwritingofgrantproposals.
* Neighborhooddeanupandlmprovementprograms,
* Cornniunltyeducationprograms.
Development of educatiorial materials,
* Provldeprojectmanagersand/orsupervisorsasonsite"employees," * Provide full-time, part-tlme, fnterTm, and/or weekend staff as onsite "employees." s Vehicleabatementandparkingenforcement.
@ qsslstinenforcernem,rncluaingpreparatioriandparttcipationtnprosecutionbycityant;1 distrlctattorneys.
* Hlegalstreet/foodvendorenforcement.
* rheregistrationanderiforcementorvacationrentaisi
* Theregu!ationofgroupand/orsoberlivinghomes,
* Inspection,regulation,andenforcementofmarijuanadispensariesandgrowhouses.
TRUSTEiD.
Clty r>fSouth Gate Code EnforcementServf@Bs
Page i2
tol 30
CQYOFSOUT'H GATE,
Contract Code InspecUon Services
The project shall COnSiSt OfWilldan StaffCOOrdillattilg With the City OfSOuth Gate COrnmunity Development DepartmentandprovidingCodeEnforcementstafftotheCi(y, WilldanStaffShallCOnduCtlnSpeCtr0nSarid re-inspections of code enforcement cases and will also Identify and enforce all violations of the City's munlcipal code, ordinances, laws, and all app(icable statutes as directed by City personnel. Wllldan employees shall lssue notifications, letters, and citations when necessaryto achieve compliance. Staffwill be required to document all complaints recelved and inspections conducted through photos, notes, and correspondence, In addition to the services rnentloned above, Willdan employees would provide the following to the City as needed (this I!; not Intended to be a comprehensive list):
i lnVeiStigateCornpla!ntSfr0mthQub[iCandStaffregardtngViOIatiOnSOfthernuniCipalCOdeS, OrdinanCeS) StandardS) and health and Safety regulatIoris, ffl Initiate contact with residents, business representatives, arid other parties to explain the nature of the violations and encourage voluntary compliance with municipal codes, zoning and land use ordinances, and community standards,
g Preparenoticesofvloiationfornon-complianceaccordingtoapplicablecodesandregulatioris, ffl Preparereportsforcasesrequiringlegalactionorcivilabatement, u When required, meet With legal counsel, and provides testimony on criminal cases. - Maintainrecordsofcomptaints,inspections,yiolationnotlces,andotherfieldenforcement activities,
s Coordinate with City departments on cases as they relate to code enforcement, Project Management
AI Brady shall be the Prlnclpal in charge of this proJect. Mr. Brady has over 30 years of experience in the code profession and has provided contractcode services to approximateJy 100 municipdlities in California, Arfzona, and Nevada, He specializes in developing new code programs, improvlng existing divisions, revenue enhancement, ordinance revisions, maximiz!ng staff efficiency, and enhanclng customer relations.
Terry Cox shall be the Project Manager with final oversight of the contract. Mr. COX has over 25 years of experienCe In the COete profession and haS provided contract COde services tO multipie municipalities in Callfornia. His e:xpertise lies in the development of innovative code programs, enhancement of existing departments, effective managemem of vendor enforcement operations, revlston of ordinances, provision ofstafftraintng, optimization OfStaff productiv7t7, and improvement ofcustomer relationships.
ItllNOVATlVE,
TRUST € D.
CityofSouth Gate Code EnfarcernentSemces
Page i3
',j) 31
CITYOFSOUTH GA"n:
Fee Schedule
Wllldan will provide contract code enforcement services to the City of South Gate for a flat hourly rate based on the Willdan hourly rate schedule below. All rates and costs shall be effective through the term of the agreement,
Should Willdan be required to provide vehicles for the officers, an additional SIO/hr will be added to the rate,
NOTE: Overtlyne RATES Ofl,5Xtht, regularhourlyratewlll be charged forall overtime hOurSWOrked, Related Experience
Cityof Pdm Desert- Project Manager. Provided code enforcement staff on a contract basis to address unreglstered and non-compltaht vacation rentals.
CityDfDmertHOtSprings-PrOjeCtManager, Provldlnginterimcodeenforcementstaff, CityofLa Puente - Project Manager, Proyided interJm code enforcement management and supervisory staff who were responsible for temporarily overseeing the city's code prozrarn.
CityOfSouthrmadena-ProleCtMariager. Providlnglnterimcodeenforcemeritstaff.
C/tyo/Downgy-ProjectManager, Providlnginterimcodeenforcementstaff, C/tyo7g/g!learLa&e-ProJectManager.Provideseasonalcode enforcementstafffortheenforcei'nent ofshort-term lodging,
Cit5raflagumBeaCh-PrOJeCtManag,E!r. PrOVrdedCOdeenfOrCementStaffOriaCOntraCtbaSiSto address unregisfered and nori-complaint vacation rentals.
CFtyoflmjndale- Project Manager. Provided municipa( code eriforcement services includln@ monitoring of a local racetrack forcornpliance with the City Sound Ordinance on anlnterlm basis.
CityofLongBeach-ProjectManager, Providedlnterimcodeeriforcementstaffwhowereresponslble for enforcingthe City's Municlpa! Code.
City OfManhUttan BeaCh - Project Manager, Provided interim COde enforcement Staff.
CityofHermosaBeach-ProJectlS/lanag,v. Providiriginterlmcodeenforcementstaff, COMPR € liEN SIVE.
t INNOVATIVE.
TRUSTED.
Cky ofSouth Gate Code EnfarcementServ(ces
2!
32 CffYOF SOUT'H GAm
City oflaguna H///s- Project Manager. ASslsted the city in the deveiopment of a public education program concerning the city's code program,
City OfLOSAlamitOS- Directed and participated in review Ofthe City'S COde enforcement pol[cyand procedures and made recommendations for changes, as necessary. Additionally, provided interim code enforcement staff and a Communlty Development Director, CityofHawailanGardens-ProJeetMlartager, AssistedtheCityofHawaiianGardensindeveloplngarid implementing an Administrative Citation program.
CityofRosemead-ProJectManager, Providedinterimcodeenforcemeritstafftolnspecttargetedareas ofthe city to facilitate neighborhood improvements,
City ofSan Ciemente - Project Manager, Provlded interim Code Enforcement staffto assist with their Code Enforcernerit Program,
CityOfsuperiOr, 42-Drrectandparticipatelnthe reviewofthecity'scodeenforcementpolicyarid procedures and make recommendations far changes, aS necessary* Development andlmp!ementation of a Nuisance and an Administrative Citation Ordinance, Cit9 0fla (:anada FIJntridge - Direct and particlpate in the review of the city's code enforcement policy and procedures and make recommendations for changes, as necessary. Development arid Implementation of a Nuisancei Cost Recovery and an Administrative Citation Ordinances, Provided Interim code et'iforcerrtent staff to conduct inspecttons and facilitate neighborhood improvements, CityofHunttngtonBeach-ProJectManay4er. Provided Interim Code Enforcernentstafftoassistwith their Code Enforcement Program,
Cit5r OfDelMar - PrOVided interim COde enforcement Stafftothe City arid managed their entire COde pragrami
city o/ Newport seach - Provided iriterirn code enforcement staffto the city and managed their entire Code program.
It should be noted that the proJects listed above Is not a comprehensive list of all our past code clientele but represents a small portion Ofthe Municipalities We have SefVed. We haVe alSO SuCCeSSfu% prOVided service to the following Jurisdictioris:
* Bradbury
h (osta Mesa
h Desert Hot Springs
* EfMonte
b Folsom
* Fountain Valley
* Laguna Woods
* Pasadena
* Laguna Niguel
* Burbank
* Maywood
e Sari Diego County
* Thousand Ooks
* Sar>JuanCapistrano
* San Luis Obispo
* Sierra Madre
a+ Ventura
* West Hollywood
INNOVATIVE.
TRUSTED,
City of South Gate Code EnforcementSatvlces
12.. 33
CJTYOF' SOUTH GATE!:
References
Cjtyoflt>glewood
JerryTucker
I Manchester Boulevard, 4"' Floor
Inglewood, CA 90301
(310} 412-5590
Project: Provid)ngcodeenforcementstaffforvendorenforcementneeds.
Cityof Torrance
Michelle Ramirez
3031 Torrance Boulevard
Torrance, CA 90503
(310) 6:L8-2550
Project: Providingcodeenforcementstaffforvendorenforcementandstandardcasework, CountyofFontana
sandra Pelayo
8353 Sierra Ave,
Fontana, CA 92335
(909) 854-802(3
Project: ProvidinBcodeenforcernentstaffforveridorenforcementneeds, In clostng, Willdan haS prOVided COde Camp(iarice SerViCe5 tO numerouS different calrfornla CitieS and Counties. We are confident our team can provide the customer service-based code comp!iance program the City is sesklng. We hope this proposal meets with your approval, The resumes for our proposed team Can be found belOW. Please let me knOW if VOLI haVe any quastioris Or requ?re additiona) information,
COMPRSI-leNstva
INNOVATIW.
TRUSTED.
City of Soutli Gate Code EnfarcementSez'vtces
Page i6
23? 34
CiTYOF' SOUTH GATE
Albert Brady, C.B.O.
Deputy Director of Building & Code Enforcement
Education
1988, AA, LlberalArts,
Caljfornki State UniverAty,
FuHerton
1990, BA, Business
Admlnlstmtlon, Unlversltyof
Southam Cialirornla, Los
Angefes
Registration
PC 832 CerHflCafe, Or;9nge
County Sheriff's Mademy,
Orange, CA
BaslcCertlflcatfon, SCACEO
- Southern (,a//fom/a
AssocjationofCode Officials
Intermediate Cerflflr;atlon,
SCA(,EO - Southern
CalJfomia Assocfetlon of
Code Orfk,lab
Advaw.edCertlflcatfon,
SC,4(,EO - Southem
Callfornla Association or
Code Officials
8upervlsory(,ertlflcetron,
SCACEO - Southem
Callfornje Associatron or
Code Oriels
WafershedManagemeint
Certtkete, EPA -
EnvJronmenfalPmter,tIon
Agency, Sacramento, CA
IC(,CertffiedBuifdlng Offlcfal
Affiliations
Past Education Chafr,
Californla Aasocletlon of
0@de Officials, Sacrernento,
OA
PastBoardMember,
Californla Aasoclatlon of
Code Enforcement Offk,ials,
8acramento, CA
Member,Amerlcan
Assoc(argon dCiode
Enbrcement
30 Years' Experience
Mr. Albert Brady is a Wtlldan Engineering code enforcement manager with 30 years of experienca. Mr. Brady is responsible for Code Enforcement Services Company wide inaluding California and Arizona. Mr. Brady leads a teem of code enforcement professionals who can provide both short and long-term services including management of code enforcement departments.
Relevarit Project Experience
County of Riverside, California. Code Enforcement Director. Managed the Code Enforcement Department for the entire Cotinty of Rlverside. Assigned to oversee al) operations and respond to all ci(izen concerns, County CEO comp1aints and Board inquiries; Prepare and monitor the Department's budget including all revenues and expenditures. Prepare regular staff reports for tl'ie Board of 8upervisor's regarding ordinance development and/or municipal code revisions. Provide personr*el with direction, deve(op and update the Dtvislon's Policy and Procedtire manual and verify that Staff adOere8 tO all policies established Within the Department Evaluate staffs performance on a regular basis and pursue discipfinary action when appropriate.
Intervlew and hire all personnel. Attend regular staff meetings; meet with civic groups such as the Chamber of Commerce, soard of Reactors, Neighborhood qroups and Homeowner's A8Soclati0ns. Interad With VariouS departments, Countyi 8tate and Federal organizations When necessary* Iriteract With The Riverside COunty Di8triOt Attorney's Office regam[ng criminal investigations and County Counsel for Civil proceedings such as Nuisance abatements, injunctions and/or receiverships.
AndersonPenna, Newport Beach, California, Code Enfomement Manager.
Managed the Code Compltance Dtvls[on foraflrm that providest,ontractcode serVices to Municipalffles in Southern Catifornia, Contract services varied from staff augmentation, program development and consulting. Provided service to different jurisdictions in California includ)ng the fo)lowlnq @overnment agencies; County of Orange, City of Laguna Woods, Pssadana, Ventura, La Canada Flintridge, Upland, Fountaln Valk;y, Tustin, DesertHot8prings, and SanJuan Capistrano. Developed and Implemented code programs, ordinances (civil citation, nuisance ordinance, rental Inspection programs) and policies and procedures manuals. Managed all contracts for semce delivery and al] contract employees assigned to the projects. Attended ragular City Council meetings and assured projects remained within budget.
City of Moreno Valley, California. Code & Neighborhood Services Offk,ial, Responsible for managing the Code and Nelghborhood Services Division which is comprised of the Parking Enforcement Team and the Code Compliance Group.' Assigned to oversee all operations and respond to all citizen concerns, City Manager complaints and Council inquiries; Prepare and monitor the Division's budget including all revenues and expenditures, Manage agreements with outside contractors that provide service to the City Including Riverside County Envlronmerital Health, Abatement Contractors, and Citation Processing Services. Monitor and prepare quarterly and annual reports for three separate Federal programs. Prepare regular staff reports for Clty Council regarding ordinance development and/or municipal code revisions. Msnage specialized programs such as the City's Grafflti Restitution Program, Shopping Cart Conta1nment Ordinance and the Rotationa[ Tow Service Program, Provide personnel with directiori, develop and update the Divlsion's Policy and Procedure manuaf and verify that std adheres to all policies established within the Division. Evaluate staff's performance on a regular basis and pursue disciplinary action when appropriate. Interview and hire personnel. Attend regular staff meetlngs; nieet with civic groups such as the Chamber of Commerce, Board of Realtors, Neighborhood groups and Homeowner's Associations.
(,oyppeHENSlVE.
TRUSTED.
City o/ Sout/i Gate Code Enforcement Services
l'l
35 CffYOF SOu"f"H GATE
Albert Brady
Continued
WilJdan, Anaheim, Ca(ifornia. Code Enforcement Supervisor. Manaqed the Code Compliance Division for a firm that provided contract code services to Municipalities in thewesternUnltedStates. Contractservicesvariedfromstaffaugmentation,progrem development and consulting. Provided service to different Jurisdictions in Caliirnia, Arizona and Nevada including the fojowlng government agencies; Couiity of Orange, City of Anahelm, 8outh Pasadena, Bradbury, La Canada Flintridge, Rosemead, Hawaiian Gardens, Los Alarnitos, Irvine, Laguna Hills, Del Mar, La Palrna, and San Juan Caplstrano. Developed and Implementedacode programs, ordinances (civil cltaUon, nuisance ordinance, rentaf Inspection programs) and policies end procedures manuafs. Managed all contracts for sarvice delivery and all contract employees assigned to the projects. Attended regular CJty Council meetings and assured each project remained within budget.
City of Anehoim, California. Senior Code E.nforcement Omcer. Supervised the CDBG team of the Code Enforcement Division which consisted of seventeen employees. Enforced City regulations and codes to enhance and preserve the quality of neighborhoods. Received citizen complaints of Municipal Code violations and coordinated the resolution of those concerns. Provided tralnlrig to employees; establlshed and maintained the Division's policy and procedure manual and ensured that the established practices were followed. Performed regular evaluations of employees, prepared iriternal and external inemorandums, staff reports, developed ordinances and assisted with the annual preparation of the Planning Department Budget
City of Anaheim, California. Code Einforcement.Offk;er II, Conducted field invesf:igatloris and site surveillance of residential, commercial and Industrla! properties.
Enforced all app)icable code provisions, ominances and statutes; issued Infraction and misdemeanor citations for vioiations regarding zoning, Inter, abandoned vehicles, weeds and debris accumcilation. Photographed evident, prepared diagrams, interviewed potentla( witnesses and composed letters to ensure remedial action was taken; received complaints from cittzens issued correction notices and performed abatements when necessary. Prepared memos and investigative reporte.
CityofAnahetm,Calfforn)a.CodeEnforcement0fficerl, Performedfleldlnspections and enforced municipal code provisions (such as animal regulations, business license requirements, and building permits). Explained regulations relating to rnunicipa) code provisions includlng zoning, land use, planning, and design review. Responded to citizen complaints regarding potential code violations; conducted research of property ownership, past permits and all applicable code regulations. Coordinateed enforcement actions with other City departments and othergovernmental agencies, as necessary.
City of Anaheim, Ca(iforriia, Housing Coordinator/Inspector. Performed Field Inspections of a(l Seption 8 Housing Vouchers for the City of Anaheim Ho<ising Author)ty. Inspections were performed to verify compliance with the Housing Quality standards; for new vouchers and as part of the annual recertlfk,ation prograrrl, Addltional duties'included providing notk,es for non-compliant units to both propeily owners and residents, negotiaUng rents, pertormlng recerUflcaUon paperwork, re- inspections of non-compliant units, and assisting customers with additiona! benefits available throuqh the family seif-sufficiency program.
COMPREHENSM.
INNOVATIVE.
TRUSTED.
Chy ofSouth Bats Code EnforcementServ)ces
36 ClffOF 80[ffH GAffi
John (Terry) Cox
Code Enforcemerit Mariager
Education
B,S,, BusinessManagement,
California Coeist Universtty,
Santa Aria, CA
Mi'. Tarry COX iS EI COde OffiOlal With Over25 Years' experience in addressing a:immunity bli(;)ht through developing effective neighborhood strategles. He has demonstrated the ability to train, motivate and manage coheslve teams focused on preservlng communities. He is experienced in neighborhood improvement proJects, operational mai'iagernent, community reiations, consulting and project management.
Buslness Management,
Californfa State Untver>ity,
Long Beach
Psychology, CerrNos
CornmunllyCoilege
Licenses/Certifications
PC 832 Cert?fk,ate - Rio
Hondo CommuniiyCollege
CertffledCtydeEnforcement
Ofker, CACEO- Catffornta
Aasodatlon dC;ode
Enforaeimant Officials
Baala Cart)fl*tjon.
8 €,W,EO - Southern
CAlfornlaA,9aodatlon of
Code Enforcement
Offlalals
Intermediate (;edificatbn,
CAOEO - California
Assrx,let(on of Code
EnforcernentOffidals
Advanr;ad CerflficaUon,
CACEO. {:,afffomie
Asswiatk>n of Code
EnrorrsmentOffWals
SupemsoryOertlficatlon,
CACEO - California
Assodatfon of Code
Enkircernent Officials
Watershed Management
Certiflr.ate, E:PA -
EnvhunmentalProtedlon
Agency, Saaramanto, CA
Affillatioris
Member, OaHfornle
Assoalat)on of Code
Enrorrx>ment Officials
25 Years' Experience
Relevant Project E,xperience
County of Oranqe, 8anta Ana, CA, Code Enforcement Manager. Oversee the day-to-day operations ofthe Neighborhood Preservation Section with the County of Orange, which Includes the training and supervlslon of both County and contract staff. Work t,josely with staff from the Board of 8upervisors, CEO's office, multiple County Departments, and additional outside agencies to coordinate inves%ations/enForcement activ(ties and communicate findings/results, aswell as to provide thorough and effective service to unincorporated Islands within the County ofOrange* Prepareand provldestaffreports, departmental workpmM, educational/informat[orial materials and spet,ial presentations retated to code enforcement. Develop and implement policies and,procedures to Improve program efficiency and effectiveness, Coordinate and implementspeclal projects such as community cleanup days, targetareasweepsand community meetings, thus spearheadinq the community outreach efforts of 00 Development 8ervk,es/QC Publk, Works. Communication, both verbally and in writing, with representatives or the DistrkX Offices to address poterrtial code-related concerns (Board of Supervisors). Analyze current Neighborhood Preservation procedures and Implement changes when needed to amnprove program efficiency/effectiveness and staff morale (i,e,, office hearlng scheduling procedures, improvad noUficatlon process, changes in rotational case assignments, etc.). Prepare and host Ne%lhborhood Preservation bi-weekly meetings to maintain staff awareness of program status, goals and accomplishments, as well as to obtain feedback from staffwith regards to improvinq the programi ReVieW Officer prepared NOTIFICATIONS tO tt1e public and Cafe FILES submitted for cJosureto nialntaln quality assurance, providing staffwith assistance and dlreatlon when needed.
Research and organize additional training for members ofstaffto improve offior awareness and effectiveness. Responsible for annual staff mennber reviews, coaching up of staff, and disciplinaiy action towards staff as needed. Responsible for developing and malntaining the annuat budget for Neighborhood Preservation, as well as overseeing contract development/operations. Highly involved with the developmei'it and implementation of the new Land Management System and the Customer Resource Management onl[ne portal now utilized throughout QC PubliC WOrkS tO provlde ea8il9 accessible on!lne servl(83 tO ttle stakeholders and visitors of Orange County,
AndersonPerina, Newport Beach, California. Senior Code Enforcement Officer. Managed overall contract and day-to-day operations of contract code staff asslgned to the County of Orange. Received calls for service and investigated potential zonlng, building, grading arid general property maintenance code violations. Collected and documented evidence as part of code casework. Issued notices and administrative citations as needed to ensure code compliance. Prepared briefing papers and reports for review by manaqement of the Board of Supervisors.Preparedandcarriedoutinspec(:ionandabatementwarrants. Planned,prepared and participated in community meetings and clean-up events. Worked closely with County Counsel and the District Attorney's office to host meetings, carryout civil litigation, and proceed with criminal court filings when vo(untary compliance was not obtained.
COMPREHENSIVE.
INNOVATIVE.
(jty of Soutli Gate Code EnforcementSetvices
2u 37
CimopSotrru GATE,
Tarry Cox
Continued
Wllldan, Anaheim, CalJfornia. Senior Code Enforcement Officer. Managed overall contract and day-to-day operations or contract code staff assigned to the County of Orange, Received calls for service and investigated potential zoning, building, grading, and general property maintenance code violations. Collected and documented evidence as part of code casework, lssued notices arid administrative citations as needed to ensure code compliance, Prepared brlefin(l papers and reports for review by management and the Board of Supervisors. Prepared and t,arried out inspection and abatement Warrants. Plannedi prepared, and participated in commuriity meetings and cfean-up events. Worked closely with County Counsel and the District Attorney's o&e to host meetings, carry out civlJ litigation, and proceed with criminal aoqrt filings when voluntary compilance was not obtained, Provided code services to the City of La Canada-Fllntrldge, Aiso, prepared cotnmunlty education materia)s pertaining to code enforcement for the City of Laguna I-fil)s.
CityofAnahe)m,Caflforn)a. CodeEnforcement0fficerl!. Conductedfieldinvestigatlonsand site survelllance of residential, commercial, and industrial properties. Enforced all applicable code provisions, ordinances and statutes; Issued Infraction and misdemeanor citations for viomtlons regarding zoning, litter, abandoned vehicles, weeds and debris accumu1atlori.
Photographed evidence, Interviewed potential witnesses and composed letters to ensure remedial action was taken; received complaints from citlzens; issued correction notices and performed abatements when necessary, Prepared memos and investlgat#e reports, Responsible for the enfor:'ementof parking violations and lilegal street vendor activity.
City of Paramount, Californle. Code Enforcement O&er I. Conducted field investigations end Site surveillance of resldential, commercial and industrial properties. Enforced all applloble code provisions, ordinanms and statutes; Issued infraction and misdemeanor citations for violations regarding zoning, litter, abandoned vehicles, weeds and debris accumulation, Photographed evidence, interviewed potential witnesses and composed letters to ensure remedial actlon was taken; recelved complaints from citizens; Issued correction notices and performed abatements when necessary. Prepared memos and investigatlve reports. Responsible for the enforcement of parkln@ violations and illegat street vendor activity.
Also responsible for Public Safety fleet maintenance and supervised the Los Angeles County inmates (trustees) assigned to provide maintenance services at the Clty's Public Safety Substation.
INNOV ATIVE.
TRuSTED
City of South Ciate Coda Enforcment Services
ll
38 CITYOF SOUTH GATE
Albert Brady, Jr.
Code Enforcement Sbipervisor
Educatlon
C,A,O,E,O. Code
Enforcement Certified,
ForrnerPresldenf of
C,A,C.E,O.
Mr- Brady Is a Willdan Enqineering code enforcement offi'cer with over 19 years of municipal government experience. He communicates effectively with both Internal staff and the gerieral public. Mr. Elrady strength is establishing repport with superlors, and co-workers. He is organized, self-motivated, enthusiastic and always willing to learn. Albert demonstrates ' professionallsm and e strong personal Image at all times. Mr. Brady is availab!e to provide code enforcement services to our Southern California clients, Admnfmration ofJustir;e,
8outhwestem C,allege ROleVant Exper!elX,e
Orange counffl Sherlff'a
Aoadefny, Ranaho
Senflago Cdlege
BuslnessAdm[nla €ratlon,
Fullerion College
Registration/Certlflcation
Former Orange County
DeputySherlffReseive
P,C. 832, Sfate of
Oeilromia
PapperSpray, Golden
West College
N.P.D.E.S., Countyof
Orange
UnivemelBulldlng Code-
Genereil, 8.€';.A.C.E.0,
AbatementoTDangemus
Buifdlngsi, C.A.(,.E
County of Orange. Code Enforcement Officer. As a oode enforcement officer, Mr. Brady was responsible for managln(3 a caseload throughout the unincorpora5ed areas of the County in support of its Neighborhood Preservation Program, including the reviewing, processing, and clos[nq of code enforcement cases reJated to land use, zoning, building, (lradlng, nuisance, and property maintenance violations Within the unincorporated areas of Orange Co(inty. He was resporisible for the review of >se files, an inspection of properties, filing notices and complaints against violators, documenting, and preparing violation cases for the distrla attorney's office and/or County counsef, and testlfy!ng in court. Albertconducted in-depth permit research to assist with the processing of land use, zoning, and building violations. Heworked with the general public on a daily basis providing them with general land use, zoning, bulldin(;l and grading requirements as it relates to the County's entitk.ment process. Mr. Brady assisted property owners, end/or their designated agents (i.e. architects, engineers, contractors, real estate agents, and family members) through the County's entitlemeiit process.
City of Huntington Beach. Code Enf'orzment Officer. Mr. Bredy conducted field investigations and site surveillance of residential, commercial and Industrial properties. He enforced all applicabfe code provisions, ordinances and statutes; issied infraction and misdemeanorcitations for vio[ations regarding zoning, litter, abandoned vehicles, weeds and debris accumulation. Albert photographed evidenoe, prepared diagrams, intsnlewed potential witnesses and coi'nposed letters to ensure remedia[ actlon was taken; received cornplaints from citizens; issued correction notlcea and performed abatements when necessary.
AbetementofPublia
Nufseru;e (Notice and
Order)
VehWeAbatement, Cltyof
Huntlngton Beach
LegMAspeats ofEvldenae,
RloHondo Col(ege
CityofAnaheim,CodeEnforcementO&,er. Mr.Bradyperformedfieldinspectionsendenforzd municipal code provisions (such as animal regulations, business license requirements, and building permits). He explained regulations relating to muriicfpal code provisions lncluding zoning, land use, p)anning, and design revlew. Albert responded to citizen complaints regarding potential code violations; conducted research of property ownership, past permits and all applicable code regulations. Mr. Brandy coordinated enforcement actions with other City departments and other governmental agencies as necessary. '
LegafAspects of Warrant
Process, Rro Hondo
O:i{fege
25+ Years' Experience
COMPREI-IENSIW:
INNOVATIVE
TRUSrED,
City O/ SOuth Gate COde EnfOrCement SeMCeS
39 CITYOPSOUTH GATE
Gustavo Alonso Jr.
Sr, Code Enforcement Officer
Education
Mechanical Englneering
Courses, EastLosAngeles
Cr:dlege, Monterey /"81*,
Californla
Mr, Gustavo Aloriso is a Willdan Engineering code enforcement of&er with over "17 yeaias of increasing(y responsible municipal code enforcement experience, Mr. Alonso has a thorough understanding of investigative and research techniques and procedures. He has a proven track record of resolving a wide range of concerns Involving zonlng and property maintenance standards.
Reglstratlons/Certtficationa
FEMA
PC 832
CalJfornlaAssociaUon of
CrxleEnforcement Offlalals,
(Baic, InterrnedMe,
pdvanr:e endManagement
Levels)
17+Years of Experlence
Relevant Project Experience
CRy of Maywood, California. Sr, Code Enforcement Offlcer. Mr. Alonso enforced municipal mdes within the City, He conducted field inspections, end If vlolatlons were present, he composed Courtesy Notices, Notices ofViolation, Administrative C,ltat1ons, or Stop Work Notices reiated to municipal code violation's). He also prepared reports and tracked case files related to such matters. Mr. Alonso kept detailed record keeping of each case, which included digital photoqraphs and pertinent information. He monitored the City's short-term rental program and prov(ded backup tothe Housing Departmentforpre-sale and quadrennia) inspectionsasneeded.
He interacted with various departments, County, State and Federal organizations when necessary and maintairied a high level of professionalism and customer service.
La Canada-Flintridge, California. Sr. Code Enforcement Officer. Alonso inspected properties for municipal code violations, explained ordinances and suggested oorrections to citizens and business owners. I-le prepared and maintained case folders with notes and photograpl's, prepared cases for prosecution by City Prosecutor, and referred special ciromstance cases to volunteer groups to assist seniors and disabled citizens to achieve compliance.
City of South Pasadena, California. Code Enforcement Officer. Responsible for enforcement and education of City Municipal Codes and regulations, includlng occupam,y, zoning and land use, propeny nuisance, substandard buildings, property maintenance and weed abatement.
Responded to complaints of alleged violations by conducting Inspections and making contact with business owners/residents by providing information needed for voluntary compliance and cooperation, Prepared reports, Irispection and abatementwarrantsand misdemeanorcomp)ainte to the Court and City Prosecutor; appeared in Court to present evidence and testified if necessary. Prepared a variety of written reports, memos and correspondence related to enforcernentactivities and mainfained accurate casefile on investlqations. Prepared staff reports to department manager.
City of Noiwalk, CA. Code Compliance Inspector. Responsible for enforcement and education of City Municipal Codes end regulations, including occupancy, zoning and land use, property nuisance, substandsrd buildings, property maintenance and weed abatement. Responded to complaints of alleged violations by oonducting inspections and making contact with business owners/residents by providing information needed for voluntary compllance and cooperation.
Assisted City Planners and Building Inspectors in reviewing building plans and conducting field plan check. Prepared a variety of written reports, memos end correspondence related to enforceinent activities and maintained accurate case file on Investigations. Prepared and issued administrative citations, Assisted L.A. Co. Sheriff, SEAACA, Public 8afety and Finance Departments by conducting Inspections ofproperties forAnimai Permitviolatlons and businesses / special events without permits. Prepared reports, inspection and abatement warrants and misdemeanor complaints to the Court and City Prosecutor: appeared in Court to present evidence and testified if necessary,
COMPRffl!ENSIVE.
TRUS7ED.
city o(somh sate code tnJorcementservices
l"i 40
CffY On- SOUTH GATE:
Giis A)onso
Conttnued
City of 8outh Gate, California. Code Enforcement Officer, Responsib!e for enforcement arl(l education of City Municipal Codes and regulations, Including occupancy, zoning and land use, property nuisance, substandard buildings, property maintenance and weed abatement, Responded to complaints ofalleged vio!atioiis by conducting Inspections and making contact with business owners/residents by providing information needed for vo[untary compliance and cooperatlon. Prepared reports, inspection and abatement warrants and misdemeanor connplaints to the Court and City Prosecutor; appeared !n Courtto present evidence and testified if necessary, Prepared El variety of written reports, memos and correspondenw relateid to enforcement activities end maintained accurate case file on investigatlons.
City of Manhattan Beach, California. Code Enforcement Officer, Provided enforcementofthe Ileatth order adopted b7 the City in response tO the COVld-19 pandemica Made publk, oontat,t with the general public and issued verbal warnings, written warnings and civil citations to those violating orders.
City of Burbank, California. Code Enfotcemem Officer. Provided enforcement ofthe healthorder adopted by the City in response to the Covid-19 pandemic. Made public oontact with the general publk, and issued verbal warnings, written warnings and cmil citations to those violatingorders.
COMPReHEN!ilW.
INNOVATIVE.
rpusitio.
city olsouth ame crude enforcementservices
41 CNTY OF' Sou'm GATE:
ANTHONY ESTRADA
Code Enforcernent Officer
Education
BA, BuslnessAdmlnlstratlon,
Unlversrty ofPhoenrx
Registratlon
Baslc Certlflcatlori, SCACEO -
Sotrthern CallfornfaAssodatTon
of Ogde Offfdals
Mr. Anthony Bstrada Is a Willdan Code Enforcement Managerwith over 30 years of experience. He is highly motivated, a self-starterwith ability to manage conflict and solve problems. Anthony has excellent written, verbal communication and interpersonal re!ation skills.
He is an excellent team-player and demonstrates the ability to work independently, Mr. Estrada enjoys opportunities to challenge and improve his customer service/relation skills, Is proficient In MS Word, Excel, and Outlook. Anthony has extensive experience in all facets of code including commercial enforcement and Is avaimble to provfde code enforcement services to our Southern California clients. '
rntermedlme Certfficatlon,
SC4CEO - Southem Callfornia
pssodatfon of€ode Offldals
Advanced Cer$catlon, SCACEO
-Southern California
Assadritlon ofO:ide Offlckils
Relevant Project Experience
City of Hawaiian Gardens, Callfornia. Code Compliant,e Offtcer. Conducted fieid investigations and site surveillance of residentlel, commercial and industrial properties.
Enforced all applicable code provisions, ardinances snd statutes; Issued infraction and misdemeanor citetionsforvlolations regarding zoning, 11tter, abandoned vehicles, weeds and debris occumulatiorr,
SupeMsary Certifkation,
SCACEO - Southern California
pssodatlon of Code Offlcbls
City of Highland, California. Code Enforcement Officer. Conducted weekend enforcement inspectionsfortheCity. Hisinspect(onsconsistedofgeneralizedcodeenforcementactlvities with specialization in signage regulations, excessive yard sales and unlicensed vendor PC832 iriepections.
30+years ofE'pe"'ca City of Hesperia, Calirornia. Code Compfiance Manager. Assigned to oversee all operations and respond to all citizen concerns, City Manager comp1aints and Council inqulr!es; Prepare and monitor the Division's budget including all revenues and expenditures. Provide personnet with direction, develop and update the Division's Policy and Procedure manual and verify that staff adheres to all policies established within the Division.
City of Monterey Park, California. Code Comp!lance Manager. Managed the (:'ode Compliance DMsion for the City. Assigned to oversee all operations and respond to all citlzen concerns, Ci(y Manager complalnts and Clty Council inquiries; Prepare and monitor the Department's budget including all revenues and expenditures. Prepare ordinance development and/or municipal code revisions when riecegsary. Provide personnel wlth direction, develop and update the Division's Policy and Procedure manual and verify that staff adl>eres to all pol(cies establ!shed within the Department.
City of E) Monte, Californla. Code Enforcement Officer. Conducted field investigations and sitesurveii!anoeofresidentiaJ,commercialandindustrialproperties. Enforcedallapplicable code provisions, ordiiaiancea and statutes; issued Infraction and misdemeanor citations for violatlons re(larding zoning, litter, abandoned vehk:les, weeds and debris accumulation.
Photographed evidence, prepared diagrams, interviewed potentialwitnesses and compoaed letters to ensure remedial action was taken; received complaints from citizens; issued corrgtion notices and performed abatements wlien necessary. Prepared memos and investigative reports,
City of Fontana, Ca]€fornta, Code Complmnce Specialist. Served as code cornpliance with responsibiitties that inclcided: proactively patrolled the dty to identify problematic parking areas; responded to parking related violation complaints; issued verbal warnings, parking citations, notices of violation, and other documents; assisted with other code enforcement related furictions and activities to include municipal code viofation complaints, storm water cornpliance, and construction site inspections.
COM PREHENSIVE.
INNOVATlVu.
TRUSTED.
CityofSouth Gate Code EnforcementServlces
31 42
CffY OF SOUTH GATh
Mark Rodriguez
Code Enforcement Officer
Education
1994, Adminletratlon of
Jusfice, Rlo Hondo Colfege,
Whlttier, Califomla
Mr. Mark Rodriguez has 13 years' experience as a code enforcementofficer. He has provided enforcement of city municipal codes, Mr. Rodriguez enforces property maintenance issues which includes insight property conditions, inoperable vehicles, landscape vlolatlona as well as business license and 8ignage Inspections.
1991,Administration of
JustJr;e, EastLosAnge[es
Coffege
PC8S2 Cerflfled
Affiliations
Member, CAOEO (Callhmia
AssocMtlon of Code
Enfotsment Officers)
Member, NLPOA (Netlona)
iat/no Peace Offjwra
Association)
EastLA Chaptv- Treasurer
& Sgt-at-Arm8
Member- Marine Corps
league Volunteer- Juvenile
Impact Program LAPD
(ientre/ DMsion
'13 Years' Experfem:e
Relevant ProJect Experience
City of Norwalk, Calffornia. Public Safety Officer. Provided enforcementof municipal codes and regulations related to municipal land use, zoning, nuisance, public safety, property maintenance, building arid abatement; and provlded assistance to homeowners, tenants and the business community,
City of Monterey Park, Callfornla, Code Enforcement Officer. Coriducted field investigations and site survetllance of residential, commercial and industrial properties. Eriforced all appncable code provisions, ordinances and statutes; issued infraction and misdemeanor citatioris for vio!ations regardii"ig zonlng, !itter, abandoned vehicles, weeds and debris accumuiation. Photographed evidence, prepared diagrams, intervlewed potential witnesses and composed letters to ensure remedial action was tsken; received complainta from citizens; Issued correction notices and performed abatements when necessary. Prepared memos and investlgatlve reports.
City of Alhambra, Ca1ifornia. Code Enforcement Officer. Performed field inspections and enforced municipal code provisions (such as anima) regulations, business Ilcense requirements, and building permits). Explained regulatlons relating to municipal code provisions includir'ig :omng, [arid use, planning, and desiqn review. Responded to citizen complaints regarding potentia! code violations; conducted research of property ownership, past permits and all applicable code regulations. Coordinated eriforcement actions with other City departments and other governmental agencies as necessary.
City of Manhattan Beach, California, Code Enforcement Offlcer, Provided enforcement of municipal codes and regulations related to municipal land use, zoning, nuisance, public safety, property maintenance, building and abatement; and provided assistance to homeownere, tenants and the business community.
Clty of Hermosa Beach, Califomia. Code Enforcement Officer. Provided enforcement of municipal codes and regulations retated to municipal )and use, zontng, nuisance, public safety, property maintenance, building and abatement; and provided assistance to homeowners, tenants and the business community.
City of Biirbank, Californla. Code Enforwment Officer. Provided enforcement of municipal codes and regulations related to municipal larid use, zonlng, nuisance, public aafety, property maintenance, bui!ding and abatement; and provided assistance to homeowners, tenants and the business community.
iNNOVATlW.
TRUSTED.
city o(south sate coae inforcementservices
31. 43
CITYOFSOUTH GATE
Jesus Medrano
Code Enforcement Officer
CarUf[aations
Code F.nrorcement Officer,
Santlvyi Canyon College
Mr. Jesus Medrano is an experienced code professional who IS knowledgeabie in de-escalation tactics and conflict resolu(:ton throuqh communication. He has extensive experlenceworkin@ with the public and possesses excellent written, verbal communlt,atlon, and Interpersonal relations skills. Mr.MedranoisavailableeaeCodeEnforcement0fflcertoour8outhernCalifornlaclierits,intermediate Code En(orcemenfOffloa' Relevanf:ProjectExperience
,for,ei,entO,/,rA"ano"COde Fnglewood, CA (!/Vil(dan). Code Enforcement Officer. Mr. Medrano is part of a team ofWllldanCOae enforcement orr=erS WhO WOrk tO ensure Safety and compliance at sofl Stadium, a 298- PO832LaW80fArre8t acremixed-usedevelopmentthathousesretail,commercial,andoffk,espace,ahotel,residential units, and parking. Responsibilities of the code enforcement officers include reviewing the Operation Plan, posting up at the proper !ocatione, obtainln@ appropriate data from vendors such as soaal security numbei's, Callfornia driver's license Information, or any other form of identification, and notifying vendors of the [ocations where they can conduct business. ASSISt Police, Sheriffs, and the Catifornia Hiqhway Patrol when they are conductlng corrective action on violetors, receive and 109 complaints, write incident reports, and take video or pictures of items coiifiscated and document all action taken. Ensure that businesses and peopie are In compliance with pubfic health, safety, consumer protection, and business ectivitles, and protect the 8oTi community by regu(ating entities that are breaking taws and ordlnances. 8antaMonIca,CA. CodeEnforcementVolunteer,Mr.Medranoassistedcodeenforcementstaff with vendor enfon:'ement throughout the city.
All American, CA. SWPPP Inspector. Mr. Medrano was responsible for inspecting construction sites to ensure that Eiest Management Practices were followed. This included Erosion control and sediment prevention plans, perimeter mntrol, and velocity control devices.
AlFied 8ecurJty, CA, Security Officer. Mr. Medrano was responsible for rna[ntaininq parking control, vehicle inspections, identification checkpolms, conducting foot patrols, and other various public safety assignments.
COM PREHENSM
INNOVATIVE'
TRuSTEDi
City ofSouth Gate Code EnforcementSeMces
33 44
CffYOF'SOUTH GA"n-
CesarVazquez
Code Enforcement Officer
C:Ortiflaations
Code Enforcement Officer,
8antjago Canyon (;oflege
Expected Certificate
Completion for:
PC 832 Laws ofArrest
Intermediate Code
Enfoivement Officer
Advanced Crxje Enrorcement
Officer
8upervisarCode
Enforcement Officer
Mr, Cesar Vazquez is an experienced code professional, He has extensive cuatomer service skills and possesses excellent written, verbal communication, atid interpersonal relations skills.
He is knowledgeable in de-escalation tactits end conflict resolution through comrnunimtlon, Mr.\/ezquez Is ava)mble as a Code Enfor:'ement Offk,er to our Southern Cal[forriia clients, Relevant Project Experience
Inglewood, CA. Code Enforcement Officer. Mr, Vazquez is part of a team of Wi!ldan code enforcement o&'ers who work to ensure safety and compliance at Sofi 8tadiurn, a 298-acre mixed-use development that houses reta)1, commercial, and office space, a hotel, residential units, and parkirtg, Responsibl)lties of the code enforcement officers include reviewing the Operation Plan, posting up atthe proper [ocatlone, obtaining appropriate dat from vendors such as social security numbers, California driver's license information, or any other form of identification, and notifying vendots of the locations where they can conduct business. A88i8t Police, Sheriffs, and the Californm Highway Patrol when they are conducting corrective action on violators, receive and log complaints, write incident repor(s, and take video or pictures of Items confiscated and document all action taken. Ensure that businesses.and people are in compliance with public health, safety, consumer protectlon, and business activittes, and protect the Soficommunity by reguleting entities that are breaking IEIWS and ordiriances, US Bank, los Alamitos, CA, LOan Pi'OCe)SSOr It/,lr. Underwriter. Mr. \/aZqUeZ WOrked With IOan applicants to gather the riecessary paperwork and documentation required for Purchase, Conventiona), Refinance, and New Built loaris. He carefully reviewed mortgage appllcetions, orgariized additlonal application materials and submitted applications on schedule. Mr. Vazquez served aS a liaison for underwriters and obtained underwritlng conditions from borrowers, He aJso communicated with consumers, mortgage consultants and/or broker on loan status ondcollected additional documentation to clear underwriting conditions.
Schools Flrst Federal Credit Union, Tustiri, CA. Loan Fulfiliment Specialist7Tearn Lead. Mr.
Vazquez processed home purchase loans and maintained a pipellne of 66 loans. He verified original re<;lulatory and/or complsint toan disclosures wsre sent to members within the required timellne, Mr. Vazquez ensured that pre-document and loan conditions were satisfied prior to authorizlng fundirig and provided weekly status updates to members. As the Team Lead of 17 team members, Mr, Vazquez provided technk,al support, resolved (ssues, c(arified loan-closing processes, and assisted with escalated member matters. He also Identified proCeSS improvements and co-authored changes to policy and procedures.
WCOMP REHENSlVe. INNOVATIVE.
. TRuSTED.
city olsouth sate coae tnforcemem services
3'( 45
Attachment D
Contract No. 2023-130-AC
AGREEMENT FOR PROFESSIONAL SERVICES FOR CODE
ENFORCEMENT SERVICES BETWEEN THE CITY OF SOUTH GATE
AND WILLDAN ENGINEERING
This Agreement for Professional Services for Code Enforcement Services ("Agreement") is made and entered into on September 6, 2023, by and between the City of South Gate, a municipal corporation ("City"), and Willdan Engineering a Califonxia corporation ("Consultant"). City axid Consultaiit are sometimes hereinafter individually re'ferred to as a "Party" and collectively as "Parties,"
RECITALS
WHEREAS, City desires to retain a qualified provider for certain services relating to Code Enforcement;
WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and time)y the Professional Services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform tlie services relating to code enforcement as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exliibit "A" attached hereto and made part of this Agreement. The Scope of Services may be mutually amended by both Parties in writing from time to time.
2. COMPENSATION FOR SERVICES. The total amount of compensation for this Agreement shall not exceed the sum of Fifty Thousand Dollars ($50,000) as described in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by the Cotnmunity Development Director or her designee.
2.1 Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travcl time between Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.
2.2 Consultant shall be paid in accordance with the schedule included in Consultant's proposal attached hereto as Exhibit "A." City shall pay Corisultant within thirty (30) days of receipt of the invoice.
51168611-L235 l) (Fon'n Rev. 9/8/21)
35"' 46
Agreement for Professional Services
Willdan Engtneering
2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
3. TERM OF AGREEMENT. This Agreement is effective as of September 6, 2023, and will remain in effect for a period of one year from said date or until project completion, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
4. CITY AGENT. The Community Development Director ("Director"), or her designee, for the purposes of this Agreement, is the agent for City. Whenever approval or authorization is required, Consultant understands that the Director, or her designee, has the authority to provide that approval or authorization.
5. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be perfonned by Consultant under this Agreement.
Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the term of this Agreement.
5.1 Consultant represents that no City employee or official has a material financial interest in Consultant's business. During tlie term of this Agreement and/or as a result of being awarded this contract, Consultant shall not offer, encourage or accept any financial interest in Consultant's business or in tliis Agreement by any City employee or official.
6. GENERAL TERMS AND CONDITIONS.
6.1 Termtnation for Convenience. City may terminate this Agreement at any timc without cause by giving fifteen (15) days written notice to Consultant of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided herein, Consultant will be paid the total amount of its costs as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
6.2 Termination for Cause.
6.2.1 City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
a. If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof; or 3(, 47
Agreement for Professional Services
Willdan Engineering
b. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure withing a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.
6.2.2 In the event City tenninates this Agreement in whole or in part as provided above in Subsection 6.2,1, City may procure, upon such temis and in such manner as it may deem appropriate, services similar to those terminated.
6.2,3 If this Agreement is terminated as provided above in Subsection 6.2.1, City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computations, surveys, models, or other similar documentation prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work perforined. hi ascertaining the value of the work perfomned up to the date of termiriation, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.
6.2.4 If, after notice of termination of the Agreement under the provisions of Subsection 6,2. I above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of tennination had been issued pursuant to Subsection 6.1. above.
6.3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.
6.4 Non-Discrimination.
6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of to race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordixiances and codes of the Federal, State, and County and the City governr'nents. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, disability, or age. 37 48
Agreement for Professional Services
Willdan Engtneering
Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, are free from such discrimination. Such employment practices include, but are limited to: hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
6.4.2 The provisions of Subsection 6.4.2 above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data, and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.
6,5 Insurance. Consultant shall submit to City, certificates indicating compliance with the following minimum insurance requirements no less than one (l) day prior to beginning of performance under this Agreement:
6.5.1 Workers Compensation Insurance as required by Iaw. Consultant shall require all subcontractors similarly to provide such workers' compensation insurance for their respective employees.
6.5.2 Comprehensive general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 for personat injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $:2,ooo,ooo. Each such policy of insurance shall:
a. Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
b. Name and list as additional insured the City, its officers and employees. c. Specify its acts as primary insurance.
d. Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except upon thirty (30) days prior written notice to City of such cancellation or material change."
3e= 49
Agreement for Professional Services
Willdan Engineering
e. Cover the operations of Corisultant pursuant to the terms of this Agreement.
6,6 Indemnification. Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including otlier employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agericy, or any third parties not acting on behalf of, at the direction of, or under the control of Consultant. 6,7 Compliance with Applicable Law. Consultant and City shall comply with all applicable laws, ordinaiices, and codes of the Federal, State, County and City govenunents, without regard to conflict of law principles.
6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between City and Consultant.
6.8.1 Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any mamer, represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement.
6.8.2 Inden'inification of CalPERS Detemiination - In the event that Consultarit or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is detemnined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of City,
6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City. Verification 3'l 50
Agreement for Professional Services
Willdan Engineertng
of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of sucli business license shalZ be the sole responsibility of Consultant.
6.9 Consultant's Personnel.
6.9.1 All services required under the Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
6.9.2 Consultant shall be solely responsible for the satisfactory work performance of alI personnel engaged in performing services required by this Agreement, and compliance with all reasonable perfortnance standards established by City.
6.9.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance and Social Security.
6.9.4 Consultant shall indemnify and hold hartnless City and all other related entities, officers, employees and representatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices or of any acts of omissions by Consultant in connection with the work performed arising from this Agreement.
6.10 Copyright, No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Consultant.
6.11 Legal Construction.
6.11.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California without regard to conflict of law principles.
6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of constniction that a document is to be constnied against the drafting party shall not be applicable to this Agreement.
6.11.3. The article and section, captions and headings herein have been inserted for '(O
51 Agreement for Professional Services
Willdan Engineering
convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
6.11.4. Whenever in this Agreement tlie context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.12 Counterparts. This Agreement may be executed in counterparts and, as so executed, shall constitute an agreement which shall be binding ripon all Parties hereto.
6.13 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, fumished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City"s check or tlie failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shal} not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-consultants arid agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of sucli responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, sub- consultants and agents.
6.14 Corrections. In addition to the above indemnificatton obligations, Consultant shall correct, at its expense, a]l enors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such conection in a reasonably, timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant.
6.15 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location of such files during the term of tliis Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.16 Waiver; Remedies Cumulative. Failure by a Party to iiisist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such otlier Party in the future. No waiver by a Party of a default or breach of the other party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the ren'iedies permitted or available to a Party under this 'It 52
Agreement for Professional Services
Wtlldan Engineering
Ayeement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other pern'iitted or available right of remedy.
6.17 Mitigation of Damages. In all sucli situations arising out of this Agreement, the Parties Shall attempt tO aVOid and minimize tlle damages resulting from the COnduCt Of the other Party.
6.18 Severability. If any provision in tliis Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.19 Attorneys' Fees. Tlie Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorneys' fees and costs in addition to a]l other relief to which that Party or those Parties may be entitled.
6.20 Entire Agreement and Amendments. Tliis Agreement constitutes the whole agreement between City and Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.
6.21 Nottces. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery and depositing said notice in the United States mail, postage prepaid, and addressed as folIows:
TO CITY:
City of South Gate
Meredith Elguira, Director of Comm Development
8650 California Avenue
South Gate, CA 90280
Email: [email protected]
TEL: (323) 563-9529
WITH COURTESY COPY TO:
City of South Gate
Yodit Glaze, City Clerk
8650 California Avenue
South Gate, CA 90280
Email: yglaze(asogatc.org
TEL: (323)563-9573
'tl 53
Agreement for Professional Services
Willdan Engtneering
TO CONS?JLT ANT:
Willdan Engineering
Al Brady, Chief Building Official
13191 Crossroads Parkway North, Ste. 405
Industry, CA 93746-3443
ABradW2i)willdancom
562.908.6200
6.22 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreeinett on behalf of the Party for whom he or she purports to sign.
6.23 Consultation with Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.
6.24 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be construed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.
7, EFFECTIVE DATE. The effective date of this Agreement is September 6, 2023, and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
[Remainder of page left blank intentionally.]
'+3 54
Agreement for Professional Services
Willdan Engineering
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SO TH GATE:
Dated: 41i\) sqb
City Clerk
(SEAL)
APP
B)t:
VED AS FORM:
IF. Salinas, City Attorney
Willdan
BY:
AI Brady, But
Dated: 1-rl'u'rs
'4'l
55 EXHIBIT A
VWli4!25,;
April 21, 2023
Ms. Meredith Elguira
Director of Community Development
City of South Gate
8650 California Avenue
South Gate, CA 90280
Subject: Code Enforcement/Vendor Enforcement Services Dear Ms. Elguira:
We would like to express our gratitude for the opportunity to submit this proposal to provide contract code enforcement services to the City of South Gate. With over 59 years of experience in municipal consulting services, Willdan Engineering (Willdan) has established a solid reputation for delivering exceptional code compliance solutions to cities and counties throughout the State of California.
At Willdan, we understand the importance of efficient and effective code enforcement in maintaining a safe and thriving community. Our extensive experience in vendor enforcement, combined with our commitment to excellence, enables us to provide comprehensive code enforcement services tailored to the unique needs of our clients. We have successfully supported numerous jurisdictions with vendor enforcement services, including notable clients such as the cities oflnglewood, Torrance, and Fontana.
Our proposed Project Manager, Mr. Terry Cox, brings a wealth of experience in managing and operating code enforcement programs. With his leadership and oversight, we assure you of the highest level of service delivery. Mr. Cox will personally ensure that our team of skilled and experienced code officers effectively handles all aspects of the assigned project, demonstrating their expertise in the field.
In our attached document, we have outlined our approach to the services requested and introduced our key staff. We firmly believe that our comprehensive understanding of code enforcement best practices, coupled with our track record of successful implementations, makes us an ideal partner for the City of South Gate.
We eagerly anticipate the opportunity to discuss our qualifications and present our ideas for project implementation in greater detail. Should you have any questions or require additional information, we encourage you to contact Mr. Brady at (951) 454-3539 or Mr. Cox at (562) 233-8969.
Thank you for considering Willdan Engineering as your trusted provider of contract code enforcement services. We look forward to the possibility of working together to ensure the continued success and prosperity of the City of South Gate.
Respectfully submitted,
WILIDAN ENGINEERING
[email protected]
't5;a
562 908.6200 I 800 4CICI J-18-i ' fax' 552 595 2 120 i 1319 S Crossroads Parkway North Suiie 405, Industry, Califomia 91746-34J3 i www.hilldan.com 56 CITY OF SOUTH GAT!!:
Firm Profile I
Scope of Work
Project Manager
Fee Schedule
2 3
4 Related Experience
References
4 6
Resumes 7
Llt,,
57 Item No. 4
Office of the
South Gate City Clerk
Ciffl of South Gate
NOV 0 5 2025 CITY COUNCIL
FILED,
AGENDA BULL
For the Regular Meeting of November 11, 2025
ating ent: Public Works
:
DepartmentDirector: CUyManager:
Cervantes Rob Houston
SUBJECT: CONTRACT CHANGE ORDER NO. 8 TO CONTRACT N0. 2024-100-CC WITH VORTEX SERVICES, LLC, dba SANCON TECHNOLOGIF,S FOR THE CONSTRUCTION OF THE SEWER LINING PROJECT, CITY PROJECT N0. 709-SW PURPOSE: The City manages an extensive sewer collection system consisting of pipelines, manholes, and service laterals, much of which requires ongoing rehabilitation to extend its usefiil life. Project construction was completed under budget. Contract Change Order No. 8 authorizes additional improvements to the City's sewer system. These improvements will address existing deficiencies, enhance system reliability, and utilize available ARPA funding.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Contract Change Order No. 8 to Contract No. 2024-100-CC ("Agreement") with Vortex Services, LLC, dba Sancon Technologies, to rehabilitate 24 manholes at various locations under the Sewer Lining Project, City Project No. 709-SW, in the amount of $133,800; and
b. Authorizing the Assistant City Manager/Director of Public Works to execute Contract Change Order No. 8.
FISCAL IMPACT: There is no impact to the General Fund. CCO No. 8 to the Agreement is in the amount of $133,800 and will be funded with American Rescue Plan Act (ARPA) Funds. The total Project budget is $3,000,000 which is planned to be expended as summarized below.
Pro,iect Services Proposition C
Design Services - $526,745
Design Amendments $39,690
Construction Contract No. 2024-100-CC $2,1 43,727
Contract Change Order No. 1 ($502,368)
Contract Change Order No. 2 $12,647
Contract Change Order No. 3 $42,569
Contract Change Order No. 4 $13,650
Contract Change Order No. 5 $114,500
Contract Change Order No. 6 ($100,249)
Contract Change Order No. 7 $98,297
1 58
Contract Change Order No. 8 $133,800
Construction Management and Inspection $233,174
Construction Management and Inspection Amendments $90,000 Staff Time (Pro.iect Management) $153,818
Total $3,000,000
ANALYSIS: The City received $3 million in ARPA funds to rehabilitate sewer pipelines and manholes throughout the City's sewer system. Construction of the original project was completed $138,229.58 under budget, leaving those funds available for additional improvements.
With City Council support, Change Order No. 8 in the amount of $133,800 will fund epoxy lining and rehabilitation of approximately 24 manholes located within the original project area.
The project is fully funded with ARPA funds, which carry strict federal deadlines and eligibility criteria. These funds must be spent within the approved contract scope, and any unspent balance cannot be reprogrammed once the funding deadline has passed.
The additional work is scheduled to begin in early November and be completed by December 2025, with 20 additional working days allocated to finish the improvements. Change Order No. 8 is priced consistent with the bid rates for manhole rehabilitation in the original contract.
BACKGROUND: The City of South Gate's Public Works Department maintains approximately 120 miles of sewer pipelines that carry wastewater from homes and businesses to the regional treatment system operated by the Los Angeles County Sanitation Districts. The network also includes about 2,400 manholes and 19,500 service connections (laterals) that link individual properties to the City's main sewer lines. Most of the system is made of concrete and clay pipes, ranging in size from 4 to 27 inches in diameter.
On December 10, 2024, the City Council awarded the Sewer Lining Project contract to Sancon Technologies, Inc. in the amount of $2,143,727. At the same meeting, the City Council approved Change Order No. 1, which reduced the total contract amount by $526,745, resulting in a revised contract total of $1,616,982. Subsequent to the contract award, Sancon Technologies, Inc. was acquired by Vortex Services, LLC, which completed the project under the same contract.
Construction began in March 2025 and reached substantial completion on September 26, 2025, inclusive of all approved change order work. During construction, it was necessary to administratively approve Change Orders Nos. 2 through 7, totaling $181,362.87, to address unforeseen field conditions encountered during the project. All change orders were approved within the City Manager's $250,000 administrative authority granted at the time of contract award. These adjustments ensured the project remained on schedule and allowed for additional sewer system improvements to be completed without delay.
ATTACHMENTS: A. Contract Change Order No. 8
B. Project Location Map
C. Change Orders to Contract No. 2024-100-CC Nos. 1 thru 7 D. Contract No. 2024-100-CC
CH:lc
2 59
Attachment A
6 aky of
South
6ate
City of South Gate, Public Works Department
Contract Change Order
Date: 10/23/2025 Change Order No. 8rl Account No. 412-732-52-9505 Contractor: Sancon Technologies, Inc. Contract No. 2024-100-CC ContractDate:12/10/2024 AccountCode
Plan Reference : FY 24/25 Sewer Pipeline Rehabilitation Project, City Project No. 709-SWR Change OrderAmount : $133,800.00 Extension of Contract: 20 days Reason for Change: Additional American Rescue Plan Act (ARPA) funds are available for further improvements to the City's sewer system.
Description of Change: 1.) Rehabilitate an additional 24 manholes in project area with Sancon 100 coating to extend manhole life.
Original Contract Amount
Total of previous authorized Change Orders
New Change Order Amount
New Contract Amount
2,143,727.00
(321,005.13)
133,800.00
1,956,521.87
Approved:
The Changes described above are hereby authorized. , 20 -.
Project Manager: Charles D. Herbertson Date
Assistant City Manager/Director of Public Works
Arturo Cervantes, P.E. Date
Finance Director: John Downs Date
Contractor: Sancon Technologies, Inc. Date:
"/0)/J. Shmvez 10/23/2025
ConstructionManager Date:
City Manager: Rob Houston
Original - Project File
CC: - Contractor
- Department
Date
60 AttachmmtB 1
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PAGE 4
SE\!ER PIPELINES REHABILITATI[]N SEGMENTS
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64 Attachment C
CITY OF SOUTH (,ATE
PUBLIC WORI(S DEPARTMENT
CONTRACT CHANGE ORDERN0. 1
PROJECT NAME: Sewer System Relining; City Project No, 709-SWR TO: Sancon Technologies Inc,
You are hereby instructed to cot'hply with the following changes from the Contract Plans and Specifications:
SUMMARY OF CHANGES
Description
(Da:aued Explanation Attached)
Cliange in
Contract Price'
Cliaxige in
Work Days
1, A4iustinent in Bid Quantities ($502,368,00) o
'met Cliangein Contract Price and Worlc Days ($502,368,00) o 'Deduction or decsease {n ContractPrice is denoted in pai'entliessa.
The following change is hereby made a pait of the Contract Documents and shall beperformed underthesametermsandconditionsasrequiredbytheoriginalContractDocuments. Exceptas modified herein, the origtna[ Contract Documentg and all prior amendments shall remain in fiill force and effect and all of the terms of the ContractDocuments arc hereby incorporated in this Change Order,
SUMMARY OF ALL CHANGE ORDBRS
ORIGINAL CONTRACT AMOUNT,,.,.,,,,.,,..,..,,.,,,,$2,143,727,00 CCOI . ., , , . , ($502,368,00)
TOTAL , , . tr ,. , ii ii , ii , , ,$1,64i,359.00
SUMMARY OF WORKING DAYS
FIRST DAY OF WORI(:.............,.....N/A:NTP has not been issued CONTRACTWOaGDAYS- . .., . .,.,, ,. 120
TIME EXTENSION: CCO 1
NEW TOTAL WORKTNG DAYS: . , , .. , , 220
LAST DAY OF WOR[(:,.,,.....,.,.,.,,..N/A:NTP has not been issue<l 65 CHANGE ORDERDETAIL
Change OrderNo.:
Project Name: Sewer System Relining ; City Project No. 709-SWR The changes or interptetations described and rioted herein are hereby authorized. Tlie signed original of this order is on ffle in the Department of Public Workffi. Shown as separate paragrapbs: (A)ReasonforChange;(B)Desm'iptionofChange;(C)ChangeinContractCosts; and (D) Change in Completion Date,
ItemNo.l:
A, ReasonforChange:Deductivechangeorderis.requiredtokeepprojectwithinbudget.
B. Description of Chance:
i
denoted parent)ieses.
C, Change in ConJct Cost:
($502,368,00)
D. Change in Completion Da(ie:
o
66 8IGNATURK PAGE TO FOLLOW:
tO
67 Tlie original Contract Price was ($2,143,727.00). Contract Cliange Order No. I decreased the ContractPriceby$502,368.00. ThenewContractPricewillbe$l,641,359.00,resriltingixian decrease of approximately 23.43% to tlie original Contract.
Ordered:
Concuired by: Assistant"Ci. /Directoi'b lic Works
Concmred by:
Deputy City
Project M;nager UX
Acceptance by the Contractor:
Date: /-2/-i&
n-ie:\l'4'l s
Datc: l/&/?-'
Date:
t/t/zoz5
Tliis Cl'iange Order is in ful} compromise and settlement of all adjustments to Contract Time and Contract Price, and compensation for any and all delay, extended or additional field and liome office overhead, disruption, acceleration, inefficiencies, lost labor or eguipment pyoductivity, differing site conditions, construction interferences and other extraordinary or consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effect of these Itnpacts on the overall Worl< under the Contract arising directly or indirectly from the perforinance of Work described in this Change Orier. By execution of tkis Cliange Order, tlie Contractor agrees tliat tl'iis Charige Order constitutes a complete accord ani satisfaction with respect to all claims for schedule extension, Impacts, or ariy costs of any riature, cliaracter or lcind arising out of or incidental to this Change Order.
Name:
Title:
l,J, Date:
t-i=lq
68 6
sWth
(,ate
City of South Gate, Publie Works Department
Contract Change Order
Date:6/9/2025 Change Order No. 02
Contractor: Sancon Technoiogies, Inc.
Account No. 412-731-62-9505
Contract No. 20J-\LC
Contract Date: 12/10/2024 Account Code
Plan Reference : FY 24/25 Sewer Pipeline Rehabilitation Project, City Project No. 709-SWR Change OrderAmount : $12,Fi48.!S'l Extension of Contraot: NA Reason for Change:Due to infiltration from a nearbywater main }eak.
DescriptionofChange: Dueioin[iliraiioniuiccauscal'u+liicliiiiascoufimxediot+Ji'omiincarb)iw:atermainleak,iliecrcivwasunableiolinc the sewer on Madison Avcnuc. Iliis rcsilled in a loss or produclion for sciver lining crciv iud equipment for one day.
Original Comract Amount
Total of previous authorized Change Orders
New Change Order Amount
New Contract Amount
$ 2,143,727.00
$ {602,368,00)
$ 12,646.51
$ 1,664,Oa5.81
The Changes described above are hereby aulhorized. /
b) -l
s ' Jsb--
As4tant it a'fi'tger/Director of Public Works
Arturo Cervantes, P.E. Date
hrslrmth' Dan Chionl
Lid- II l II UI Il51etl'Th4ahigles..ea'mehroniaiai
Contractor: Sancon Technologies, Inc.
7oy J. Shmvev
Construction Manager
Date:
579/202.5
Date:
Finance Diret,tor: Date
City Manager: Rob Houston
Original - Project File
CC: - Contractor
- Department
Date
12,
69 4a?
ayd
Soul
(,ate
City of South Gate, Publi-c Works Department
Contract Change Order
Date:0/25/2025 Change Order No. ai3 Account No. 412-732-52-9505 Contractor: Sancon Technologies, Inc. Contract No. 2022-100-CC ContractDate:12/ale/2024 AccountCode
Plan Reference : FY 24/25 Sawer Pipeline Rehakiililatign Project, City Project No. 709-SWR Change Order Amount : $42,668.a0 Extension of Contract: NA Reason for Change:Due lo pipe to be replaced encased in congete.
Description of Change: Due to plpe to be tepkaced eneas'ed )n concrete that required removal andposal to make repairs.
Original ContractAmount
Total of previous authorized Change Orders
New Change Order Amount
New Contract Amount
$ 2,143,727.00
$ (489,721.49)
$ 42,588.80
$ 1,696,574.3'l
The Changes deseribed above are hereby authorized. -=L
Du CAsmdub
1@ ar
$s/zs
Assistant City Manager/[)ireator of Public Works
Arturo Cervantes, P.E. Date
Contractor: Sancon Technologies, Inc. Date:
R0UJ. Shavex 6/25/2025
Construction Manager Date:
Finance Director: John Downs Date
City Manager: Rob Houston
Original - Projet,t File
CC: - Contractor
- Department
Date
13 70
6 aty J
South
(,ate
City of South Gate, Public Works Department
Contract Change Order
Date:7/2/2025 Change Order No. €)4
Contractor: 8ancon Technologies, Inc.
Account No. 412-732-52-9505
Contract No. 2022-100-CC
Contract Date: 12/10/2024 Account Code
Plan Reference : FY 24/25 Sewer Pipeline Rehabiliiaimn Project, City Project No. 700-8WR Change Order Amount :$13,650.00 Extension of Contract: NA Reason for Change:Additional Poirit Repair on California Ave.
Description of Change: Additional Point Repair needed to correr,t pipe deficiencies billed at Bid Item No. 9 rate of $13,650.00 for each point repair.
Original Contract Amount
Total of previous authorized Change Orders
New Change Order Amount
New Contract Amount
S 2,143,727.00
$ (489,72t49)
$ 13,650.00
$ 1,667,655.51
7he Changes described above are hereby aidhormd.
, :o2f;.
Project D. Herbertson Date
Assistant City Manager/Director of Public Works
Arturo Cervantes, P.E. Date
Contractot: Sancon Technologies, Inc.
Roy J. Shwver
Construction Manager
Date:
7/7/2025
[)ate:
Finant,e Director; John Downs Date
City Manager: Rob Houston
Original - Project File
CC: - Contractor
- Department
Date
1'4
71 City of South Gate, Public Works Department
Contract Change Order
City of
South
(,ate
Date:7/25/2025 Change Order No. 05
Contractor: Sancon Technologies, Inc.
Contract Date: 12/10/2024
Account No. Aal2-732-52-9505
Contract No. 2022-100-CC
Account Code
Plan Reference : FY 24/25 Sewer Pipeline Rehabilitation Project, City Project No. 709-SWR Change Order Amount : $"ll4,500.00 Extension of Contract: 40 days Reason for Change: Six Additional Point Repairs at Various Locations Description of Change: Additional Point Repairs needed to correct pipe deficiencies to be able to construct CJPP.
Original Contract Amount
Total of previous authorized Change Orders
New Change Order Amount
New Contract Amount
2,143,727.00
$ (433,502.69)
$ 114,450.00
$ 1,824,674.31
The Changes described above are hereby authorized.
Approved:
Project Manager: Charles D. Herbertson Date
Assistant City Manager/Director of Pubiic Works
Arturo Cervantes, P.E. Date
Contractor: Sancon Technologies, Inc.
Construction Manager
Date:
7/25/2025
Date:
Finance Director: John Downs Date
City Manager: Rob Houston
Original - Project File
CC: - Contractor
- Department
Date
72 6
City of South Gate, Public Works Department
Contract Change Order
City oT
South
6ate
Date: 7/29/2025 Change Order No. 06rl
Contractor: Sancon Technologies, }nc.
Account No. 412-732-52-9505
Contract No. 2 €)22-al00-CC
Contract Date: 12/ale/2024 Account Code
Plan Reference : FY 24/25 Sewer Pipeline Rehabilitation Project, City Project No. 709-SWR Change Order Amount : - $100,249.20 Extension of Contract: NA Reason for Change: Sewer segments were removed from the project due to various reasons that prevented the application of CIPP liner such as mid-segment change in diameter or in-line siphon. In two cases pipes were found to already be lined. In one case a pipe was determined to be owned by LACSD. In another case a segment was not lined due to high flow in the line coming from an industrial building that was unable to stop the flow even after plant shutdown. In addition, one manhole was removed due to conflicting utilities and was rehabilitated instead with epoxy coating.
Description of Change: The followinng segments were removed from project for reason stated: Segment 24 on Garwick Place (in-line siphon). Segment 25 on Imperial Highway (unable to stop high flow). Segment 34 on Southern Avenue (pipe change in diameter mid-segment). Segment 49 on Flrestone Boulevard (already lined). Segment 50 on Firestone Boulevard (LACSD line). Segment 33 on Southern Avenue (already lined). One manhole at Seminole Avenue and Alameda Street was removed from project (utility interference). This manhole was rehabilitated instead.
Original Contract Amount
Total of previous authorized Change Orders
New Change Order Amount
New Contract Amount
The Changes aescribed
Approved: , 20 .
Project Manager: Charles D. Herbertson Date
Assistant City Manager/Director of Public Works
Arturo Cervantes, P.E. Date
Finance Director: John Downs Date
$ 2,143,727.0 €i
$ (3-19,052.69)
$ (100,249.20)
$ 1,724,425.11
City Manager: Rob Houston
Original - Project File
CC: - Contractor
- Department
Date
IS
73 6
City of South Gate, Publie Works Department
Contract Change Order
Cltyof
South
6ate
Date: 7/30/2025 Change Order No. 07
Contractor: Sancon Technologies, knc.
Account No. 4al2-732-52-9505
Contract No. 2022-100-CC
Contract Date: '12/10/2024 Account Code
Plan Reference : FY 24/25 Sewer PipeHne Rehabilitation Project, City Project No. 709-SWR Change Order Amount : $21,386.66 Extension of Contract: 1-day Reason for Change: On June 9, 2025, a delay in the scheduled CIPP on Shot #1 (Imperial Highway) due to Saputo Cheese not adhering to a scheduled shutdown. Lateral flows from the faciiitywere too high, and Sancon was unable to install the CIPP as a result. Furthermore, the CtPP lining material that was wetout for this location was not able to be used. A portion of the wetout liner was able to be salvaged and used on California Ave.
Description of Change: A loss of approximately 251 LF of CIPP liner and a full day of lost production because of the delay.
Original Contract Amount
Total of previous authorized Change Orders
New Change Order Amount
New Contract Amount
$ 2,143,727.00
$ (419,301.89)
$ 21,386.66
$ 1,745,811.77
The Changes described above are hereby aiilhorized.
Approved:
Project Manager: Charles D. Herbertson Date
Assistant City Manager/Director of Public Works
Arturo Cervantes, P.E. Date
Contractor: Sancon Technologies, Inc.
Ro-yJ, sbez
Construction Manager
Date:
7/30/2025
Date:
Finance Director: John Downs Date
Ciky Manager: Rob Houston Date
Original - Project File
CC: - Contracto(
- Department
ll
74 Attachment D
Contract No. 2024-100-CC
AGREEMENT FOR THE SEWER LINING PROJECT 709-SWR
BETWEEN THE CITY OF SOUTH GATE AND SANCON TECHNOLOGIES INC.
ThisAgreementfortheSewerLiningProject,CityProjectNo.709-SWR ("Agreeinent")+ismade and entered into on December 10, 2024, by axid between the City of South Gate, a municipal corporation ("City"), and Sancon Teclmologies Inc., a Califorttia corporation, LicenseNo. 174055 ("Contractor'>), City and Contractor are sometimes hereii'iaffer individually referred to as a "Party" and collectively referred to as "Parties."
The City and the Contractor hereto mutually agree as follows:
ARTICLEI
THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees with City to perform and complete in good and worlcrnanlike manner all worlc required by the Contract DocumentsforCityContractNo, ,whichinvolvestheSewerLiningProject,CityProjectNo, 709-SWR,
Said worlc sliall be performed in accordance with the Plans, Specifications, and other Contract Documents, all of which are referenced in Article III hereof and incoiporated herein as though Mly set forth, Contractor shall furnish at its own expense all labor, materials, equipment and services necessaiy therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City,
ARTIC'LE n
CONTRAC,' SUM AND PAYMENT
For perfortning and completing tbe work in accordance with the Contract Documents, City shall pay Contractor, in full compensa(ion therefore, the contract sum of Two-Million One Hundred Forty-Three Thousand Seven-Hundred Twenty 8even Dollars ($2,143,727.00) set foilh in the Bid Schedule(s) that are included among the Contract Documents. Said sum shall constitute payment in full for all work pexformed hereunder, including, without limitation, a]l labor, materials, equipinent, tools and sersrices used or incorpora(:ed in the worlc, supervision, administration, overhead, expenses and any and all other things required, fiirnished or tnctured for completion of the work as specified in tlie Contract Documents, City shall make payinents to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents,
75 ARTJCLE Ul
CONTRACT DOCUMBNTS
The Contract Documents, which constitute the entire Agreement between the City and the Contractor, are enumerated as follows: the Notice Inviting Bids, the Insti'uctions to Bidders, the Accepted Proposal, the Bid Schedule(s), the List of Subcontractors, Contractols Indugtrial Safety Record, the Contractors Qualification Statement, the Bid Security Forms for Checlc or Bond, this Agreement, the Workers Compensation Insurance Ceitificate, the Performance Bond, tlie Payment Bond, the Non-Collusion Affidavit, the Specifications, and Special Provisions and all 3ddenda as prepared prior to the date of bid opening setting fortli any modifications or interpretations of any of said docuients, md any and all supplemental agreements heretofore or herewith executed amending or extending the worlc contemplated and whicli may be reqt'iired to complete the worlc in a substantial and acceptable manner, all of wliich are referred to as the Contact Documents. These form the entire "Contracf', and all are as fully a paxt of the Contract as if attached to this Agt'eement or repeated herein,
ARTICLE IV
INDEMNIFICATION
The Contractor shall indemnify, hold barinles.g and defend (with counsel se(ected by the City), the City of South Gate and its affiliated entities, its officers, employees, consultants and sub- consultants, their respective officers, agents, employees (collectively the "Indeinnified Parties"), from any and atl claims and losses whatsoever occurring orresulting to any and all persons, firms, or corporations ['iirnishing or supplying worlc, services, materials, or supplies in connection with ibe peitormance of this Agreement, any and all clams, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corpoiaation or properly for daii':iage, injuiy, death arising out of or connected with the Contractor's obligation.to indemnify, defend and save harmless the "Indemnified Paxties" as stated hereinabove including, but not be limited to, paying all ]egal fees and costs incurred in connection wit]i any such claims, losses, lawsuits or actions. THIS PROViSION SHALL SURVIVE THE COMPLETION OF WORI( AND SBRWCBS TO BB
PROVIDED UNDER 'T'HIS AGREEMENT AND THE OTHER CONTRACT DOCUMENTS, ARTICIJ: V
COMMENCBMENT, COMPLF,TION AND LIQ'[JIDATED DAMAGES
Contractorshall commence WO1'l( on a date to be specified in a written Notice to Proceed from the City's Director of Public Works, and shall complete all work within One Hundred Twenty (120) working days tliereafter (subject to "force majeure" delays, if any, to the extent allowedunder the Contract Documents), If lhe work is not completed within that time, Contractor shall owe and pay to the City liqttidated damages iri the amount or amounts set forlli in the Contract Documents, t'4
76 ARTICLE Vl
EFFECTIVE DATE
Tl'iis Agreement s)iall becoine effective and cominence on December 10, 2024, IN WffNES8 WHEREOF, the Parties liereto liave caused tl'iis Agi'eement to be executed and attested by tiieir respective officers t)iereunto duly autliorized.
CITY OF SOUTH GATE:
B7:
Dated: l " 2" MUS'
ATTEST:
B%f:
Y Cty C erlr
APPRO'VED AS TO FORM:
Rail F. Salinas, City Attoi'ney
SANCON TECHNOLOGIE8:
BY:
Dated:
t>l<if
, Vice President
77 WORI(ER'S COMPEN8AT10N INSURANCE CERTIFICATE
The Contractor sliall execute tlie following form as reqriired by the California Labor Code, Sections 1860AND 1861.
I am aware of tl'ie provisions of Section 3700 of the Labor Code which require e'vexy employer to be insured against liability for worlcers' compensation or to undertalce self-insurance in accordance with the provisions of that Code, and I will comply with sucli provisions before coirunencing the perfonnance of the worlc of tliis Contract,
DATED: -=,/5,//7'
SANCON TECmSTOLOGIES .
Conti:actor
faeimtq
Vice President
Title
ATTEST:
BY:
Siiature
erTo3lt<-ole r M-y/IY
78 NON-COLLUSION AFFIDAVIT TO BF,EXECUTED BY
EACH AWARDEE OF A PRINCIPAL CONTRACT
ST ATE OF CALIFORNIA
COUNTY OF ff
yr) )4A'hV% being first duly sworn, deposes and says that he is partner, president, etc.) the pmty tnaking the foregoing bid, that such bid is not made in tbe interest of or behalf of any undisclosed person, paitnersl'iip, company, association, organization or corporation, that such bid is gem'iit'ie and not collusive or shain, tliat said bidder has not directly or indirectly induced or solicifed any other bidderto put in a false orsham bid, and has not directly orindirectly colluded, conspired, connived or agreedwith any bidder or anyone else to put in a sliam bid, orthat anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, conmunication or conference with anyone to fix the bid price of said bidder or of any otlier bidder, or to fix the overhead, profit or cost element of sttcli bid price, or of that of any other bidder, or to secure any advantage against tl'ie public body awarding the Contract or anyone interested in tlie proposed Contraot; that an statements contained in such bia are true and, furtlier, that said bidder has not, directly or iiidirectly, subinitted l'iis bid price, or any brealcdown tliereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith to any coiporation, paitnership, company, association, organization, bid depositoiy orto any member or agent thereof, or to any other individ'ial, exeept to sucb person or persons as have a partnersliip or other financial interest with said bidder in their general business.
Signed
Vki ?,sSAr
Title
Subscribedaiidsworntobeforemethis ( dayof 9uzoz4.
Notaiy Public
(Attach Notaiy Certificate)
L!2-
79 CALIFORNIA ACKNOWLEDGMENT CML CODE !€ 1189
Anolary publicorotheroffi(ercoinpleting this certificateverlflesonlythe identityoftheindividualwhoslgnedthe document to wlilc)i this certificate Is at(ached, and not the trutMulness, accuracy, or validity of that document.
State of Callfornla
County of Orange
before me, Mo Sexton - Notary PublicOn 12/05/2024
Date
personally appeared RVan Helmuth
Here Insert Name and Titre of the Officer
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 acknowl'edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/the(r signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. ; MO SEXTON
I("J') Com"'mrlasnsfoen';u2n4\79l0
My Comm. Expires Feb f1, 2027
Place Notary Sed andlorStamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true al"id correct.
WITM:SS my
Signaturf
nd d official seal.
of NoktryPublic
OPTIONAL
Completing this Information can deter alteration of the document or fraudulent reattachment of this form fo an unintended document.
Description of Attached Document
Title or Type of Document:
DocumentDatp: NumberofPages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Slgner'sNamp: Siqner'sName:
€ Corporate Officer - Title(s): o Corporate Officer - Title(s):
CI Partner - € Limited [J General [1 Partner - 0 Limited € General a Individual o Attorney In Fact z Individual z Attorney in Fact a Trustee z Guardlan or Conservator [] Trustee [1 Guardian or Conservator [10ther: r'lOther:
Signer is Representinr): Signer is Representing:
111111111 N N Ill Ill II II N N " "" l r i, 'l J U ! uab axtiu L v J uru u uahux u ' ri u u h kl U 1 . u .i .i iT 'i u v u 11 J l " 1. I I " " ' u J u u u v u ui 02019 National Notary Assoclation
23 80
SKffi,R LINING PROJECT
CJTY PROJE,CT N0. 709-SWR
Bond No. 7472570
FAITHFUL PERFOfflCE BOND
200% OF CONTRACT AMOUNT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of South Gate ("City" herein) has awarded to 8ancon Technologies Inc., ("Contractor" herein) a Contract for:
SF,WERLINmG, CffY PROJECT N0. 709-SWR; and
WHF,REiAS, said Contractis incorporatedherein bytis reference; and WHEiREAS, said Contractor is required underthe terms ofsaid Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we, Contractor and Old RePu51!C SurefV CornPanY as Surety, areheldandfitmlybounduntotheCityinthepenalsumof * ($" )lawfulmoneyof the United States, for the payment of which we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. "Two million one hundred forty- three thousand seven hundred twenty seven & 00/00 '$2143,727.00 The condition of tl'iis obligation is such that the obligation shall become null and void if the above-bounded Contractor, his or its heirs, executors, administrators, successots, or assigns, shall in all things stand to, abide by, well and tily keep and perform the covenants, conditions and provisions iti said Contract and any alteration thereof made as thereinprovided, on his or their part, to be kept and performed at the time and in the mannet thetein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, astherein stipulated; otherwise, this obligation shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred by the City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, the work to be performed thereunder, or the specifications that accompany the Contract shall in any manner affect its obligations on this bond, The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract, the work, or the specifications.
,.2!'1
81 Note: All signatures must be acknowledged before a notaty public. Attach appropriate acknowledgment.
SANCON
Title: Vice President
584"l Enginee( Dr.
Huntington Beach, CA 92649
(Type addtess of Contractor)
Old Republic Surety Company
(Type name of Surety)
4 Jenner, Suite 230
Irvine. CA 92618
(Type address of Surety)
(Si6at'affi oized officer)
Scott Salandi, Attorney-in-fact
(Title of officer)
APPROVED AS TO FORM:
€il F. Salinas, City Attorney
,,Q5
82 CALIPORNIA ACKNOWLEDGMENT CML CODE !!i 1189
A notary publlcorother officer completing this certificateverifies onlythe identityofthe individual viho signedthe documei'it to which tlils certificate is attaclied, and not the truthfulness, accuracy, or validity of tliat document.
State of California
Cocinty of Orange l
On 12/13/2024
Date
before me. Mo Sexton - Notary Public
Here Insert Name and Titfe of the Officer
personally appeared R'ian Helmuth
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 subscrib.ed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and th'at by his/her/their signature(s) on the instrumerit the person(s), or the emity upon behalf of which the person(s) acted, executed the instrument.
Notary Public - Callfornla
Commlss-ton # 2437910
My Comm, Expires Feb 11 1017
Place Notary Seal and/or Stamp Above
) certify under PENALTY OF PERJURY under tlie
laws of the State of California that the foregoing paragraph is true and correct.
wlTNESS my ha official sea
Signature
Notary Pubtlc
OPTJONAL
Completrng this informatron can deter alteration of the document or fraudulet'it reattachmen,t of this form to an unintended documen.t.
Description of Attached Document
Title or Type of Document:
Docun'ientDate: NumberofPages:
Signer(s) Other Thsn Named Above:
Capacity(ies) Claimed by Signer(s)
Signer'sName: Signer'sName:
a Corporate Officer - Title(sl: [j Corporate Officer - Title(s):
€ Partner - [] Limited (:] General € Partner - a Limited CI General a Individual CI Attorney in Fact € Individual [1 Attorney in Fact z Trustee z Guardian or Conservator a Trustee € Guardian or Conservator anther: € Other:
Signer is Representing: Signer is Representing:
'@ jll'!15 !Ill II. i'll ll i kl I II ffll II
@2019 National Notary Association
83 ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDaMENT
A notary public or other officer cornpleting this certificate verifies only The ' identity of the individual who signed the document to which this certificate is attached, and not the huthfulness, accuracy, or validity ofthat dozment.
State of California }
4!) County of Sa_n Bernardino I
!j On hl(;,rt//,'lA'2'[before me, Tina Downey, Notary Public a f) personally appeared 8cott Salandi
a "'- -"- t / (Heiitnaerl'rmniffiahd*.ott+etnimr) "'
who proved 7o me on the basis of s'atisfaciory- evidence to be the persor% whose ' nam4re subscnbed to the within instrument and acknowledged to me that :
he/theyexecutedthesamein$er/theirauthorizedcapacity', andthatby I f ' a 2 h a Th m a Ier/their signature on t e instrument e person , orthe entity upon behalf of which the perso$l acted, executed the instrument.
I certify tinder PENALTY OF PERJURY underthe laws of the State of Califomia that. the foregoing paragraph is true and correct.
Y @') , " q , ffl H! a, , @ z ,a m, 7
WITNESS mv hand and official seal. I 'n.Nxgowsq k
- ;NotaryPubllc-aiirornta&
a 5an Bernardino Co_unty I
- "% iff/ C"lmffll!i!iltllt#2]83319 -
S )/-. _./ * 'a"MY:orr,tx:iirvihovzi,2025 k
N } ,l ),,:)XX 9 s (y 4 z w y= y z w z ffl' y y 'y'4 . hNo?961ic8fgnature - 0 (NOfaryPubFcSeal) _ l:
ADDITIONAL OPTIONAL BHp@HH4770H _._,_;sr_;ugnou_sp5_;5oy;pr_me,nnspox ' . !, DESCRIPTION OFTHE AffACHE6 DOCUMEflff
uus)am coiipuexii'un cwrenx canynnrastautm rqynmng mta@i mird% md. ffneeded, shouldbai wnpleted andqltacherllo tha dxrmml, 4andn'edgents jmm rxhermazesmqi be conplMedfr>rdocmnaits bejngs@nt to thmstaieso !ong os the svording dzs m( repdre the Calprn!a notmytosr!olaleCalijomionmqrylaw. ' (Tille ordescriplkin da}taied documenl) * State and County nuation niust be Ihc Stale m4 Coun(y wliere the docuimni gigner(s) pergonn!Iyappeared before tlteiiolarypublic rornaknomedgmait # Ta*z z#*asjh:aiavil* - a'j#l has it-- Jan.s *kaai 41aas aa: -t-s --___tj__ ________i _ _ i a i (Tille orjescrip(ion ofanacheddgcumqnlcontinue$
NumberofPages __DacumentDate
- gaug 114 uvuuuaruuit uru;it ug itx umii utat uig ar !IKl 3b) p €lNUnulty appearm wiucn nlufl 8180 be 1715 saJ)[ledale the aCblOWl6d!pll!net!! aOmpleted, it The notary public mus( print hts or her name 8 it aPPeitrt Within hiR or her commissionro}Iowedbyucotumasdtbenyow tiUe(nolnryp(iblig), * hint ffie naniJs) or dqcument signJs) ivho pemonalhi nmiear al the time or uoimizntion. " ' - ' a a - ---- ' - -'- --'-'- -
CAPACITY CL/)l)MED BY THE SIGNER l * Indicate ffie aomcl smgularorpluml f by ermsinB off ineorrectjorms (i.e_ be/she/fs /g'*) or cjtcliqgthe coneclfonns. Faiiura ki conedy indicate difs Cl lndivtdual(8) inrorpmlionmaykadlorejeclionordooumenlmordNn@ € Corporate Officer * Tlm notar)a seal impress=n niust be clair = phologqh'iqlly reproduo!ble.
Tmpion mist nok cover text or lines- ff seal impression smu4ges, xa-sat if a (Title) sufflcteiu areapemuts, oThen'isecomplele adifferent ackiioivledgmentform [1 Pa rtner(s) * SxBnaiure or lhenotary public must_nna(di tlie sai@ialure oii file willi u'ie offica tif Iliecoiinlyclerk.
!ZI Attorney-in-Fact o> Additimml information is not quired bul could help lo ensute this [1 aJall)5jBB(B) agknowmgmaniisnolmisiigedornuachaltoadtffeamdogimiat.
Other ah thidaiu5etiitl.eiyt);7fia;d__.edi_documb;_nu,m,bLerorp.agesa_ndaat*z , iy -ii- uxuii;ate mei giipagig cmimeu ay ine signer. ix pie ciaunea cnpnciLy is n COfpOfflte Offh'ff, indiata the title (i.e. CEO, CFO, Segatary). 20'l5V9TSiOritW=iWjllO(e.a'r5'ClaSie!%.Cilin800-873-&)65 I 8ecurdyniiachihisdocumouoilxsigncddocinenhviihasmp1a 84 Bond No. 7472570
SffERLINING PROJECT
CITY PROJECT N0. 709-SWR
100% PAYMENT BOND
WHEREAS, the City of South Gate, South Gate, California ("City" herein), has awarded to Sancon Technologies Iric., ("Contractor" herein) a Contract for the work described as follows:
SEWER LINING PROJECT
CITY PROJECT N0. 709-SWR
WHEREAS, said Contractorisrequiredto fumish abond inconnectionwithsaid Contract, to secure the payment of claitns of laborers, mechanics, material suppliers and other persons, as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of " ($ "* ) for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents, *TWO million one hundred forth three !housand seven- hundred twenty seven & 00/00 ** $2;143,727,00
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section9100(a), or amounts due underthe Unemploymentlnsurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employmeiit Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then the Surety herein will pay for the saine in an amount not exceeding the sum specified in this bond, othenyise the above obligation shall be void, If suit is brought upon this bond, the said Sutety will pay a reasonable attorney's fee to the plaintiff(s) and the City in an amount to be fixed by the court.
This bond shall inute to the benefit of any of the persons named in Civil Code Section 9100(a) as to give a right of action to such persons or their assigns in any suit brought upon this bond.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification ofthe ContractDocuments or theworkto be performed thereunder shaIl in anyway affectits obligations onthis bond, and it does hereby waive notice of such change, extensiori oftime, alteration orn'iodificationofthe ContractDocuments or ofwork to be performed thereunder.
IN WITNESS REOF, this instrument has been duly executed by the above-named Contractor and Surety on December 11 , 2024,
KA
85 Note: All si.gnatures n'iust be acknowledged before a notary public. Attach appropriate acknowledginent.
CONTRACTOR:
SANCON
Title: 'SJ<(.e "?(eE>&9A'!(
584'l En ineer Dr.
Huntington Beach, CA 92649
(Type address of Contactor)
Old Republic Surety Company
(Type name of Surety)
4 Jenner, Suite 230
Irvine, CA 92618
(Type address of Surety)
BY:
officer)
Scoff 8alandi, Attorney-in-fact
(Title of officer)
APPROVED AS TO FORM:
all F, Salinas, City Attorney
86 CALIPORNIA ACKNOWLEDGMENT CML CODE g 1189
m Q+ui J Jtxa) a'C'[: !' .n' n'lll)IN!l!1111111 Ill l!' jji ulll u JiJ"'! € '€ € J [] € 0 [] [] a' aiVi J a € !11111 u&uua(l"F"'Q"'l'(] [] € [].[)iuiui A notary public or other officer complefing this certificateveriries only the identityofthe individualwho signedthe document to wliicli tlils certificate is attached, and notthetruthfulness, accuracy, orvalidlty of that doeument.
State of Cslifornia
County of Orange
On 12/13/2024 befote me, Mo Sexton - Notary Public
Date Here Insert Name and Title of the Officer
personally appeared R)/an HelmUtb
Name(s) of Sjgner(s)
who proved tei me On the balls 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), ahd 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. € MO SrXiON
Commission # 2437910
WMy Comm. Expires Feb 11, 2027
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
1aws of the State of California that the foregoing paragraph Is true and correct.
OPTIONAL
Completing this information can deter altei'otion of the document or fmudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
DocumentDate: NumberofPages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer'sName: Signer'sName:
(J Corporate Officer - Title(sl: € Corporate Officer - Title(s):
[] Partner - [] Limited a Gpneral [] Partner - [1 Limited CI General a Individual a Attorney in Fact a IndMdual a Attorney in Fact [] Trustee € Guardian Or Conservator a Trustee a Guardian Or Conservator []Other: nether:
Signer is Representing: Signer is Representing:
30 02019 National Notary Association
87 ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate isattached, and notthetmthfulness, accuracy, orvalidityofthatdocument.
State of California
County of San E3ernardino
On 49(4,'kf4/(r 71itQ)/ before me, T!na Downey,<mNeolntanrynePaunobalicat hio mosr) personaily appean !ott Salandi
who proved to me on the basis of satisfactory evidence to be the person'[ whose er/their signatur$),on the instrument the perso$l, or the entity upon behalfof wNch the persor$l acted, executed the instrument.
i certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tnue and correct.
WITNESS my hand and official seal.
Not fyP4-b(icSfgnature " U (Notary PubHa Seal)
Natary F'ublic - California
6J San 8ernardlno County I
y cammssteinl;13a3319
tty :awr. fxolrli Nov It. 2025
4[)0077@Hjll@p71@H)%lj)lpOHH4770% INSTRUC'IIONSFORCOMPLETINGTHI8FORM Thtsfi:innaonq>(fessiiflh cutvenlCalfinlatlahrlesregar&ngtvta5iii=ordlngmd, DESCRIPTION OFTHEATTACHED DOCUMENT ifneeded.sboxddbecoinp!etedanddlachedlolhedecunrmt.A&zdwedgatitsfmm othvstatesma)ibecomprateaprJocuinantsbeingsst tothatstateso iongusthe wOrdhng doeE nO1reqtliretheCaliferrnlanUaQItOv40IaleCallfotnianOTaQIImlt (Title ordesciipfion orattacheddocument) State and Coiuily mfaormation must be lhc Slate and Counly wliere tha doaumsnl [- signer(g)personilynppearad beforedienolarypublicforndtnowladBme+ii.
Dateornolasization muitlhalhe hk= thatthe si@sr(s) personally appeared whicl'i 17111!J alSO t)tl th#gaTnedate thaWblOWbdellt % 00mpleled, nle notmy publig must print htl or tier ntmie aa it appmm Within big or lier comniissiorifoHowedbynconimaandihenyour iitle(nolarypiiblig).
Print the nam$) of document si@ei(s) too pemonauy appey at the time of aolanzation.
kdicnte ffie cor skigular or plural forms by amsinB off tncoeci fomis (Le. he/sheAhe'- is lm ) orcirclingthecom,clRirms. Failune locorrgayindigaia llxis Wornmlion maykadto rejeotionordocumenlrecording.
allie no*aqa seal impiasion must be dmr and pholographigally rducible. hpression muitt nol cover text or lines. V ml impression smudzes, rascal E a suffu.ient area pent, othenvise complete adiffmnt adaiowladpnent form.
Signattue ofthenotmy public mutmalchtlte signaltue on nle ivitli the office or ihecountycl&
* Additional int'amiglion it nol required but could help to ensure this ackuowlcd@nen t is nox mfstaed or atlachad to a dimm doaimail.
A. lndicateht)eortypeofmuncheddoanmnAntimberofpagesanddaie. /y In&me the acity cad by the siper. ff ttie claimed aipaaiLy is n corporaie officer, indicatelhefftle (te CEQ. CFO, Secrelaty).
SeCtireT)t illlfiCh U118 dt)Cl)J))ant 10 the Slgned (hX}lEent Wit)) n staple. (TilleordescriplionorattachedmenlmnUnJ
NumberofPages DocurnentDate
CAPACITY CLAIMED BY THE SIGNER
[1 Individual (s)
€ Corporate Officer
(1 itle)
CJ Partner(s)
[21 Attomey-in-Fad
€ Tnistee(s)
€ Othe)-
3y
88 OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock Insurant,e corporation, does make, constitute and appoint:
Cufis Barton, Scott Salandi of Ladera Ranch, CA
its true and lawful Attorney(s)-in-Fact, mth full power and authorlty for and on behalf of the company as surety, to exe:,ute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognlzances or other written obligations in the nature thereof, (other than hail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranfy Mnds, guaranfses or installment paper and note guamnff bat>as, self-insurance workers compensation borids guarantee/ng payment d benefits, orblack lung bonds), as follows:
ALL WRITTEN INSTRUMEENTS
and to bind OLD REPLIBLIC SLIRETY COMPANY thereby, and all of the -acts of said Attorneys-In-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority ofthe board of directors at a special meeting held on February 1 B, 1982.
This Power of Attorney Is signed and sealed by fawimile under and by the authority of the followlng resolutlons adopted by the board of directors of the OLD REPUBLIC 8URETY COMPANY on February 181982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or llmlted in fhe lnritrument evidencing the appointment In each case, for and on behalf of the compar4 to ext.t,ute and deliver gnd affix the seal of the companyto bonda, ttndertakings, recognizances, and suretyship obligations of a!l kinds; and said officers may remove any stich attomey-in-faci or agent and revoke any Power of Attomey previousiy granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (l) when signed by the presldent, any vice president or assistant vice presidenl and attested arid sealed (If a seal be requlnad) by any secretary or assistant secretary; or
(ii) when signed by the presld0l)t, any vk.e presldent OT assistant vice prealdent, secretary or assistant secretary, and countersigned and sealed (tf a seal be rsqulred:i by a duly authorized attorney-in-fact or agent; or (III) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evldenced by the PowerofAttorney issued by ths company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by faulmlle !o any Power of Attomey or certification thereof Outhorfzing the execution and delivery 6f any bond, undertaklng, recognizance, or other suretyshlp obligations of the company; and such signature and seal when so used shall have the same fonce and effect as' though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by Its proper officer, and Its corporate seal to be affixedtHis 1U! riBynt JL)I)/ 2024
OLD REPUBIIC SURETY COMPANY
!"-*
A
President
STATE OF WISCONSIN. COUNTY OF WAUKESHA - SS
On this 17th (lFlv nf JulV , 2024, personally came before mp, Alan PaVliC snrl Karen J Haffner , to me known to be the Individuals and officers of the OLD REPLIBLIC SIJRETY COMPANY who executed the above instrument, and they each acknowlmged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument Is the seal of the corporation, and that sald corporate seal and their signatures as such officers were duly affixed and subscribed to the said Int,trument by the authority of the board of directors of said corporation.
K%!S;pu!
Venture Pacific Insurance Services
:VA
89 DATE IMM{OD/YYY'Q
12/5/2024
THIS CERTIFICATE IS 18SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT8 UPON THE CERTlFIC.lTE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVE:LY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE8 BELOW. 'THIS CERTIFICATE: OF INSURANCE DOES NOT CONSTITUTE A CONTRA(,'T BETWEEN THE 18SulNG INSURER(S), AuTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate hokfer is an ADDITIONAL INSURED, the policy(les} must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the teims and condltlons of the policy, certain polleiles may require an endorsement. A statement on this certificate does not confer rights to the cert(ficate holder in lieu of sttch endorsement(s).
PRODuVR
Acrisure Southwest Partners Insurance Services, LLC 18952 MacArthur Blvd., Suite #300
Irvine, CA 92612
www.pattisk.com OKO7568
CONTACT
NAM5
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:. Ija(,, Rxt+: (949) 486-7900 I )"A, %o}:
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EiSi8:
lN8uRER(8)AFFORDINe COVERAGE NAIC#
Issum:tia : Hartford Fire Insurance Company 19882
INellR!D
Sancon Technologies Inc.
5841 Engineer Dr.
Huntington Beach CA 92649
lN8UREiRB: HartfordCasualtylnsurance(,ompany 29424
1N8URER C i SenUnel Insurancs Company, Ltd. 11000
INSURERDi NavlgatorsSpeclaltylnsuranceCompany 38056
INSURER !! : 8cottsdaki Insurance Company 41297
lN8URER F i
COVERAGES CERTIFICATE NUMBER: 82923361 R5V1810N NUM5:
THIS IS TO CERTIFY THAT THE POLIC,1E8 0F INSLIRANOE LISTED BELOW HAVE BEEN ISSuED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWl'n-ISTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 188UED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC1E8 DESCRIBED HEREIN tS SLIBJECT TO !U_L THE TERMS, EXOLUSIONS AND CONDITIONS OF SUCH POLICIES. L1M1T8 SHOWN MAY HAVE BE:EN F.EDUOED BY )AID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADt>L
IN!iD
8UBR
WVD Pall(;YNuMB!iR
POLIG'Y EPF
IMNltDDmYY)
POLICY Era"
INTMIDDQ 1JM1'l8
A ]
]
COMMEiRCIALOBNERALLIABILITY
]CUUM8-MADE [] 00CUFl
$5,000 Deduatible
/ J 72UEABG9LIBH 10/1/2024 10/i/2025 EACH OC:aJRRENC:E $1,000,000 DAMAGE TO RENTEiD
PREMISES {Ea (lfX;111Tence) $300,000
MED EXP (Any one person) $10,000
)ER80NAL &ADV INJURY $1 ,ooo,ooo
GE+J'L ACiGFlEGATE LIMIT APPL1E8 PEFE
e::Y [2] 78€ € 'oa
0eNERAL AaGRE(IXII $2,000,000
I PRODUOT8 -COMP/OP AGG !12,000,000
!l
A AU-OMOBILELIABILITY
7 ANYAUTO
OWNED rJ scheouu_o
_ AUTOS ONLY LJ AUTOS
HIRED II NON-OWNED
_ AUTOS ONLY l__J AUTOS ONLY
72UEAC14419 10/1/2024 "10/i/2026 C0)rlBINEO 81NGLE LIMIT lEa accident) $1 ,ooo,ooo
BOD]LY INJURY (Per person) $
BODILY INJLIRY (Per amldent) $
PROF'ERTY DAMAGE
{Per accldsril) $
$
B i UMBRELLA LIAB
EXOE3S LiAB
f OCCUR
CLA1M8-MADE
72HHABG9UCM 10/1/2024 10/1/2025 EACH O(:CuRRENCE $16,000,000 , AGGREGATE $15,000,000
oeo f / t RETENT.ON$I0,000 $
c WO1'.KER8 COMPENSATION
AND BMPLOYttR8' LIAB)LITI Y , N
" € %SffloW'e%"u':HEcUT"E a(Mandatory Jn NH)
II yea, destalbe under
DE8CRIPT10N OF OPERAT10N8 below
NIA
72WEAAUOTGJ 10/1/2024 "10/1/2025 / l G9K'ru'rt= I I g;H- E.L. EACH ACCIDENT $1,000,000
E.L, DISEASE - EA EMPLOYEE $ i,000.000
E.L. 01!iEA8E - POLI(,Y LlMl'r $1,000,000
D
E
E
Pollution Liability
Installatlon Floater
Rented/Leased E.quipment
8F24ECPZOCBLViC
RB80329050
RE1SO329050
10/i/2024
10/i/2024
1 0/1/2024
I O/1/2025
1 0/1/2025
1 0/1/2025
$6,000,000 Each lnclderU$10,0(jO,000 Agg
$250,000 Any one Job Site
$'lO0,000 Any one item
DEKRlmlONOFOtBRATION81LOaATlON81VEHICLE!) (Acosniai,Addltloiials*marbsschetrute,mayb+attachaoltmor=spatielsrequlriio) RE: SEWER LINING PROJECT CITY PROJECT N0. 709-8WR
The City of South Gate, South Gate Housing Authority, and their officers, employees, elected officials, and agents are included as additional insseds Per GL endorsements attached.Walver of subrogatlon Is attached with respects to the General Liabilliy. 30-day noUce of cancellation / 10-days for non-payment of premlum.
CERnFICATE HOLDER CANCELLATION
attention of the City Engineer
8gJOCae:a/":enue
South Gate CA 90280
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANC€ WITH THE: POLI(:Y PROVISIONS.
AL1THOR12ED RHPR(iSENTATlVE %' ..+!. ..
Dave Jacobson
ACORD 25 (20'l6/03)
@19H8-2015ACORt)CORPORATION. Allrightsreserved.
The ACORD name and logo are registered marks of ACORD !A\.="',:'-!j!.i:A ,'?/":'o".":",';,"%o'4'A'!.fi:':ia\ol':e,!iA%";feoi'.,',E.;A'.?."i&E.6!.'a" 1 tit 26 90 POLICY NUMBER: 72UEABG9uBH
Sarxon Te6nologles Inc.
x
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - OPTIONI
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
Designated Project(s) Or Location(s)
Of Covered Operations:
All, except Additional Insureds that are insured under a separate addiUonal insured endorsement on this policy
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. With respect to those person(s) or organization(s) shown in the Schedule above when you have
agreed in a written contract or written agreement
to provide insurance such as is afforded under this policy to them, Subparagraph f., Any Other
Party, under the Additlonal Insureds When
Required By Written Contract, Written
Agreement Or Permit Paragraph of Section II -
Who Is An Insured is replaced with the following:
f. Any Other Party
Any other person or organization who Is not
an 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 actlng on your behalf:
(1) In the performance of your ongoing
operations for such additional insured dt
the project(s) or location(s) designated in
the Schedule;
(2) In connection with your premises owned
by or rented to you and shown in the
Schedule; or
Form HS 24 80 07 I 3
(3) In connection with "your work" for the
additional insured at the project(s) or
)ocation(s) deslgnated in the Schedule
and included within the "products-
completed operations hazard", but only if:
(a) The written contract or written
agreement requires you to provide
such coverage to such additional
insured at the project(s) or location(s)
designated in the Schedule; and
(b) This Coverage Part provides
coverage For "bodily injury" or
"property damage" included within the
"products-completed operations
hazard".
The insurance afforded to the additional
insured shown in the Schedule appljes:
(1) Only if the "bodily injury" or "property
damage" occurs, or the "personal and
advertising injury" offense is commmed:
(a) During the policy period; and
(b) Subsequent to the execution of such
written contract or written agreement;
and
Page I of 2
@ 2013, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc., with its permission.) 82!)23361 i 24-25 (IL/Auto/tJmli/W(!/Pail/IM I Mat-la GOldeii I 12/5/202il lli37ilO AM iPST) I Page 2 0f 26 Thj.s aerti.fii:ate cancela and supersedes ALL previously issued certificates, 91 (c) Prior to the expiration of the period of
time that the written contract or wrmen
agreement requires such insurance
be provided to the additional insured.
(2) Only to the extent permitted by law; and
(3) Will not be broader than that which you
are required by the written contract or
wrltten agreement to provide for such
additional insured.
With respect to the insurance afforded to the
person(s) or organization(s) that are additional
Insureds under this endorsement, the
following additional exa(us(on applies:
This insurance does not apply to "bodily
injury", "property damage" or "personal and
advertislng injury" arising out of the rendering
of, or the failure to render, any professional
architer,tural, engineering or surveying
services, inctuding:
(1) The preparing, approving, or failing to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders, designs or specifications;
or
(2) Supervisory, inspection, architectural or
engineering activities.
The limits of insurance that apply to the additional
insured shown in the Schedule are described in the
Limits Of Insurance section.
How this insurance applies when other insurance is
available to the additional insured is described in the Other Insurance Condion in Section IV -
Commercial Genera) Liability Conditions, except as otherwise amended below.
B. With respect to Insurance provided to the
person(s) or organization(s) that are additional
insureds under this endorsement, the When You
Add Others As An Additional Insured To This
Insurance subparagraph, under the Other
Insurance Condition of Section IV - Commercial
General Liability Conditions is replaced with the
fol(owing:
When You Add Others As An Additional
Insured To This Insurance
(a) Primary Insurance When Re,quired By
Contract
This insurance is primary if you have agreed
in a wr[ten contract or written agreement that
this Insurance be prlmary, )f other insurance
is also primary, we will share with all that
other insurance by the method described in
Paragraph (c) below. This insurance does not
apply to other Insurance to which the
additional Insured in the Schedule has been
added as an additional insured.
(b) Primary And Non-Contributory To Other
Insurance When Required By Contragl
This Insurance is primary to and will not seek
contribution from any other insurance
available to an additional insured under your
policy provided that:
(i) The additional insured 1n the Schedule is
a Named Insured under such other
insurance; and
(il) You have agreed in a written contract or
written agreement that thls insurance
would be primary and would not seek
contribution from any other Insurance
available to the additional insured in the
Schedule.
(c) pethod Of 8haring
If a)l 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 11mit 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
applmable limits of insurance of all Insurers.
All other terms and conditions in the policy remain
unchanged.
82923361 I 24-25 at/AiitotUmb/tlc/poll/IN I f'laria Golden I 12/S/2024 11;37ilfl AM (PS'!) I Paqe 3 of 26 rhis certificate cancels and supersedes ALI previously issued certificates.
Form HS 24 80 07 13
92 Policy Nu mber: 72UEABG9UBH
'nsu'd Nam' 8anmn Technologies Inc.
CG2 €)121219
Effective Date:i "0/01/2024
THIS ENDOR8EMENT CHANaE8 THE POLICY. PLEASE RE:AD IT CAREFULLY.
ADDITIONAL INSURED - STATE OR GOVERNMENTAL
AGENCY OR SUBDMSION OR POLITICAL
SUBDIVISION - PERMIT8 0R AUTHORIZAT10N8
This endorsement modifies irsurance pmvidad under the folkiwing:
Commercial General Liability Cowrage Part
Schedule
81ate Or Governmental Agency or subdiVJBion Or POlitical 8ubdlvlsion:
Any qualifying entity when you have agreed in a wrRten and executed contract, priorto an "ocairrence", thatsuch quallfyingentlty beadded as an additional Insured on your policy.
Information required to complete this 8chedute, if not shown above, will be shown in the Dedarations.
A. Sactlon El -Who Is An Insumd is amended to
include as an additional insured any state or
govemmental agency or subdmision or politiml
subdMsion shown In the 8diedule, subject to
the following provisions:
t This insurance applles only with respect to
operations performed by you or on your
behalf for whlch the state or governmental
agency or subdMsion or pol[tlcal subdivision
has issued a permit or authoriztion.
However:
a. Theinsuranceaffordedtosuchadditionat
insured only applies to the extent
pemimed by law; and
b, If coverage provided to the addltional
insured is required by a oontram or
agreemenl the insuranoe afforded to
such additional Insured wil( not be
broader than thatwhth you are required
by the oontract or agreement to provide
for such additional insured,
2. This insuranoe does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" artslng
out of operations performed for the
federd govemment, shate o(
munk,ipality; or
b. "Bodily inJury" or "property damage"
included within the "products-completed
operations hazard".
B, With respect to the insuranoe afforded to these
additional Inaureda, the folbwing is added to
!3et,tion Ill- Omits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will payon behalf of the addtUonal insured is
the amount of insurarxe:
'I. Requiredbythecontradoraqreement;or
2. Available under the appHcable limits of
insurance;
whichever is less.
This endorseirient shall not irx:rease the
applicabka limits of inwance.
CG 20 '12 12 19 (clnsurance ServmesOffice, Inc., 2018 Page i of 2 82923361 I 24-25 GI./AutO/tld/If(!/Pail/IM I MarlA (ltildefl I 12/3/2024 llt37:10 IIM (1)3!') I ?aqe 4 QC 26Thia certificate cancels and supersedes Alil previously issued certifiaateis. 93 /)Jl otherterms and conditionsofthis Policy remain unchanged.
CG 20 12 12 19 @ Insurance 8erv}ms Offce, Inc., 2018 \'%'i'."'SArU'=i.9:"::',,':i\'4To"':'=4-":"'aaY';"a-S-a"4A'r't!,',S=;A%'S-t"\t'.!':,\-A.pa= 5 0f 26
94 72UEABG9UBH
Sancon Technologies Inc.
J
COMMERCIAI GENERAL LIABILITY COVERAGE FORM
Varlous provislons ki thls pollcy restrld ooverage.
Read the entire policy wrafully to deteimine rights,
duties and what is and b not mvered,
Throughout this policy the woms "you" and "your'
refer to the Named )nsured shown In the
Declarations, and any other peraon or organization
qualifying as a Named Insured under this policy. The words "we', "us" am 'our' refer h Uie stock
insuranoe mmpany member of The Hartford
providing Uiis insuranoe.
The word 'insured" means any person or
organlzaNon qua(§ing as such under 8ecUon 1€ -
Who Is An Insured.
Other words and phrases that appear In quotdon
marks have special meaning. Refer to Sedion V -
DefiniNons.
8ECT10N l- COVERAaE8
COVERAGE A BODILY INJURY AND PROPERTY
DANfA@E LIABILITY
al. Insunng Agreement
a. We wlH pay those sums that the msured
beoomea legally obligated k> pay as damages
beaause of "bodl injury" or "pmperty
damage" to whl6 this insurance applkis. We
will have the right and duly to defend the
Insured agamt'any "sulr seeking those
damages. However, we mll have no duty to
dafend the imaured against any "au[t" seeking
damages for "bodily mjury" or "property
damage" to whkih this insurance does not
apply. We may, at our dlsoretion, invest%late
any "occurrenoe" and settle any claim or "suit"
that may resutt But:
(1} The amount we mll pay for damages is
11mRed as descdbed (n 8emion IU - Limits
Of Insurance; and
(20 0ur rl9ht and duty to defend ends when
we have used up the applmable limit of
kisurance Jn the payment of judgments or
settlements under Coverages A or B or
nmdhxl expenses under Coverage C.
No other obligafion or liability to pay sums or
pedorm aots or serviaes Is covered unless
exp!icitly provided for under Suppbmentary
Payments - Coverages A and B.
b. This insuranae applies to "bodily injury" and
"property damage!' onty if:
Ha 00 01 0!a 16
(1) The "bodily Injury" or "property damage" is
used by an "owurrenoe' that takes
plaae In the 'ooverage lemtory"
(2) The "botsl9 injury" Or "pmperty damage'
oearrs durtng Uie policy period; and
(3) Pdor to the poHay perlod, no insured nsm
under Paragraph 1. of 8edion II - Who is
An Inauned and no "employee" authorized
by you to glve or receive noUoe of an
"owurrend' or claim. knew that the
"bodily injury" or "pmperty damagd' had
omurred, in whole or in part. )f suatl a
listed Jnsured or aiithorized "smployee"
knew, prlor to the poliay perlod, that the
l'bodily Injury" or "property damage"
ooamad, then any mntinuation, change
or resumption of auch "bodily injury" or
"property damage" during or after the
poNcy perlod mH be doomed to have been
known pr!orto the po(icy period.
0. "Sod)ly Injury" or "property damage' will be
deemed to have been known to hgve
ozuned at the earliest time when any
)nsured tisted under Pgagraph t of 8edon II
Who Is An msured or any "emp1oyee'
authorized by you to glve or receive notlea of
an "oceiurrerce" or dalm:
(1) Reports all, or any part, of the "bodily
Injuy' or 'property damage" to us or any
other insurer;
(2) Receives a wrlfflen or verbal demand or
saim tor damages because Of ttie "bodily
Injury" or "pmperty damage"; or
(3) Bgomes aware by any other means that
"bodily injury" or "property damage!' has
ocairred or has bmlun to oa=ur.
d. Damages because of "bodly injury" kickide
damages claimed by any peraon or
organization for care, loas of services or
death resulting at any time from the "bodily
e. Incidental Medical Malpmctlce And Good
Q41q4 rqynw5n
"Bodlly Injury" artslng out of the renderlng of
or failure to render the followlng health care
servkea by any "employee" or "volunteer
worker" shal( be deemed to be abused by an
@ 2016 The Hartford
(ln €}llJdes Hp9rlghted material Of InsuranOe SefViCe8 0ffl043, Ink. Witt'l 148 permlsslon.)
82923361 i 24-25 GL/AutO/Um5/WC/Pail/IM i Ma!Li Goldtin I 12/5/2024 ll:37ilO AM (PET) I %a 6 tif 26 This certificate cancels and aupersedes ALL previoualy issued cez'tificates. 95 (1) Professional health care services sudi as:
(a) Medical, suqlical, dental, laboratory, x-
ray or nurslng services or trealment,
advloe or Instnudon, or the related
furnishlng offood or beverages;
(b) Any health or therapeutic servlm,
keatment, advice or Instruatlon; or
(O) The fumishlng or diapenslng of drugs
or medk,al, dental, or surgical supplies
or appflanoes; or
(2) First ald serv!oss, whim Inckide:
(a) Cardlopu(monary resuscitation,
whether peformed manually or wllh a
defibrillator; or
(b) Services performed as a Good
Samaritan.
For the purpose of delermlnlng the Hmits of
Insurance, any ad or omlssion together with
afi related am or omlsslons in the furnkhJng
of these servlm to any om person will be
mnsldered one "occunenoe".
However, this lnaldental Medml Malpra6e
And aood Samarbn Coverage provlslon
applles only If you are not engagsd In the
buslness or ogupation ofprovlding any oflhe
servlcea described In this provision.
2. Ext,luslons
Thls insurance does not apply to:
a- Expected Or Intended Injury
"Bodily injury" or "property damage" expemd
or intended from the standpoint of the
insured. This exclusion does riot app7 to
"bodily Injury" or "property damage" resulUng
from the use of reasonable foroe h pro!am
persons or property.
b. (<nbaasiual Liability
"Bodily Injury" or "property damage" for which
the insured is obligated to pay damages by
reason of The assumption of !iablllty in a
contract or agreement. This exa(usim does
not app)y k) Ilabmy for damages:
(1) That the insured would have ln the
abaenoe ofthe oontrad or agreement; or
(4 Assumed In a oonhact or agreement that
is an "insured conlrad', provided the
'bodify injury' or "property damage"
ooaurs subsequent to the exeoullon of the
mntract or agreement. Solely ir the
purposes of liability assumed in an
"instued contraot", reasonable attomey
fees and necessary litk)ation expenses
incuned by or for a party other than an
insured are deemed to be damages
because of "bodily Injury' or "property
damage", provided:
Page2ofM
(a) llabi(ity to such party for, or for the
cost of, that party's defense has also
been assumed in the same "Insured
contrad"i antl
(b) Such attomey fees and liUgaUon
expenses are for defense of that pany
agah'tst a civJl or atternatlve dispute
resolution proceedlng in whk,h
damages to which this insuranoe
applies are alleged.
0. Liquor Llabllity
"Boduy Injury" or 4'property damage" for which
any Insured may be held ]lable by reason of.
('l ) Oausing or vnlributing to the Jntoxlmtlon
of any person;
(jl) The furnlshlng of alcoholic beveragas to a
parson under the legal drln!dng age or
underthe influence of aloohol; or
(3) Any statute, ordkianaa or regu)aUon
relgting to the sale, glfi. dlstrlbullon or use
of alcoholk, bevemges.
ThIs exclusion appllea even K the olalma
against any Insured a!lege negllgenm or
otherwrongdolng In:
(a) The supemslon, hiring, employmmt,
traln)rig or monitoring of others by that
insured; or
4b) Pmvidlng or fafllng to provide
transportallon with respect to any
person that may be under the Irifluenea
of aloohol;
ff $e "ooaurrenae" which wused the "bodily
injury" or "pmperty damage", involved Uiat
which Is described in Paragraph (1), (2} or 43}
abow.
Howesr, this exausion applies only H you
are In the buainess of manufadurlng,
distributlng, selling, servlng or fumishlng
alooholic beverages. For the purposes of this
excluskrn, permming a person to bring
ak,oholic beverages on your premises, f@r
consumptlon on your premises, whether or
not a fee is charged or a llmnse is required
for sudi activity,is not by ttselfooneldered the
buslrmss of selling, serving or fiamishing
alooholki beverages,
d. Workera' Compensation And Similar Laws
Any obligalion of the insured under a workers'
compensation, disablllty benefits or
unemployment compensatton law or any
sirnllar laW.
e. Employer's Llablllty
"Bodily injury" to:
(1) An"employee'ofthekisuredarisingoutof
and in the course of:
Ha 00 0f 09 1 €
0T2h9i2s33c6le!tli;,dl72c5atGeL/OAaiitnOc/0;abs/WaCgOallu/pleMjslB5aOTsLaAHoldperiiGvlil02u/ss,'y20ql4ssluleiB7i@leOttAttxf(lPcSaT4e51 .page 7 tie 26 96 (a} Employment by the insured; or
4b) Peforming dutles related to ihe
condud ofihe insured's business; or
(2) The spouse, dilld, parent, bmther or sIster
of that "emp)oyee" as a gnsequence of
Paragraph ("l) above.
This exoluslon appl(as:
('t) 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 beaause of the InJuy.
Th!s exckislon does not apply to Ilab(lily
assumed by the insured under an 'Insured
contraot:',
f. Pollutlon
('l) "Bodily injury" or "property danmge"
arlalng out d the adual, alleged or
threatened dlscharge, dlspersal, seepage,
migraUon, ielease or esmpe of
"polkitanbi':
(a) At or from any premises, sue or
locatlon whioh is or was at any time
owned or occupled by, or rentd or
loaned to, any insured. Howewr, thls
subparagraph does not appfy to:
(l) "Bodlly Injury" If sustalned wllhln a
building and zused by smoke,
Aimes, vapor or soot pmduced by
or originaling from equipment that
is used to heat, a)ol or dehurnkJtfy
the building, or equipment that is
used to heat water for personal
use, by the bJding's oocupants or
lhelr guests;
(1€) "Bodily injury" or 'property damage"
for which you may be he'd liable, if
you are a oontrador and the owner
or lassee of such premises, site or
location has been added to your
polk,y as an addltkinal maured with
resped to your ongoing operations
performed for that additkinal
Inaured at that premises, site or
location and suoh premises, ath= or
location is not and never was
owned or ooaipied by, or rented or
loaned to, any insured, other than
that addtllonal insured; or
(iii) "Bodily injury" or "property damage"
ariaing out of heat, smoke or fumes
from a 'hoaUle fire";
(b) At or from any premises, site or
lomtion whlch is or was at any time
used by or for any Insured or others for
Ha000l0910
the handling, storage, disposal,
prooesslng or €reahnent of waste;
(a) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for.
(l) Any insured; or
(II) Any person or organizauon tr
whom you may be legally
responsible;
(d) At or fmm any premises, site or
looation on which any insured or any
oonkaotors or subconUactors working
dredly or Imiredly on any insured's
behatf are performlng operaUona ff Uie
"pollutamd' are brought on or to the
premises, site or loaalion In oonnedion
mth such operations by audi insured,
oormador or submntramr, However
thlssubparagraphdoaanotapp%ito: '
(i) '!lodlly )nJury' or 'property damage"
ansing out of the escape of AieJ
Iubriaants or other operaUng flakes
whioh are needed to perform the
normal eleotrmil, hydraulla or
meohanloal fundons necessary for
the operatlon of "mobile equipment'
or its prts, H such fuala, lubricants
or other operating flulda escape
from a vehiale part designed to
hold, store or reoeJve them. Thta
exception does not apply If the
"bodily injury" or "property damage"
ARISES out of Ihe h*tentlonal
disahargs, dispersa) or release of
the fuels, lubriants or other
operaUng fiukis, or If suoh funks,
lubrlaants or other operaUng fluids
are brought on or to the premises,
site or loaation with the Intent that
they be diacharged, dispersed or
released as part of the oparalions
belng paformed by suoh Insured,
conlractor or suboonkaetor;
41€) "Bodily injury" or "property damage"
sustained waiin a bulldtng and
oaused by the release of gases,
fumes or vapora from materials
brought Into that building In
mnneetlon with operations being
performed by you or on your behajf
by a conb'aator or suboontraator; or
4Hi) 'Bodlly injury" or "properl damage"
arisfng out of heat, smoke or fumea
from a "hosUle fire"; or
(e) Af or from any premises, alte or
loztion on which any Insured or any
oontractors or suboontractors worktng
82923361 l 24-25 au/AiitO/{)mb/WC/Poll/IM I Mar:la (;tilden 1,12/5/2tl;,4 lli37ilO AM (P3T) I Page 8 0f 26 TIIILS aertifkate cancels and superigedes AIil prevxausJ.y issued aeztlficates. 97 directly or Jndiremly on any Insured's
behaH are performing operations ff the
operations are to test for, monikir,
clean up, remove, contain, twat,
detoXffy or neutralize, or In any way
respond to, or asaess the effem of,
"pollutants".
(2) Any loss, oost or expense arising out of
and:
(a) Request, demand, order or statutory or
regulatory requirement that any
Insured or olhers test for, monitor,
clean up, remove, contain, treat,
detoxlfy or neutralize, or In any way
respond to, or assess the effeata Of,
"pollutants"; or
(b) Claim or suit by or on behaF of a
@ovemmental authority for damages
bamuae of tesffng for, monitoring,
cfeanbig up, removlng, contalnlng,
treating, detoxifying or neubalhlng, or
)n any way responding to, or assessing
the effeats of, "pollutanta!'.
However, th?s paragmph does not apply to
Igability for damages because of "property
damage" That the insured would have in
the abserm of such request, demand,
order or statidory or regulatory
requirement, or such daim or "suit' by or
onbehalfofagovernmenta) authorty,
g. Aircrafl Auto OrWategraft
"Bodily injury" or 'pmperly damage" arising
out of the ownership, malntenance, use or
enkustment to others of any aircraft, "auto" or
watezrafi owned or operated by or rerAed or
loaned to any insured. Use indudes operaUon
and "loading or unloading'.
Ttds exduskin applies eVen If the dakns
agatnst any insured allege ne@ligenoe or
other wmngdoing in the supervisfon, hirlng,
employment, tralning or monitoring of others
by that insumd, if the "ocainerce' which
aaused the "bodily {njury" or "propedy
damage" Involved the ownership,
mamksnanae, use or emrustment to others of
any a{rcrafi, "auto" or watercraffl that is owned
or operated by or rented or loaned to any
Insured,
This exclusion does not apply to:
{1) Awatercraftwhileashoreonprerniaebyou
own or rent;
(2) A watercraft you do not own that Is:
(a) Less than 51 feet long; and
4b) Not bekig used to srry persons for a
charge;
(3) Parking an "auto" on, or on the ways rle@t
to, premlses you own or rent, pmvided the
"auto" Is not owned by or rented or loaned
to you orthe insured:
(4) Llabllity assumed under any "insured
contrad' for the ownership, malntenanoe
or use of aircraffl or watercraft,
(6) "Bodily Injury" or "pmperty damage'
arlslng out of:
(a) The operaffon of machinery or
equ[pment That is atbiched to, or part
of, a land vehide that would quaify
under the definition eif "mobile
equlpment" kl h were not subject to a
mmpulsory or finandal respensibiNty
law or other motor vehlcla Insuranoe
law where it Is lit,ensed or phcipally
garaged; or
4b} The opemtion of any of the machinery
or equlpment listed in Paragraph f.(2)
or f.43) of the definition of "mobile
equipment"; or
(0} An afraraft that is not owned by any
insured and Is hired, chartered or loaned
mth a paid yew. However, this exoeption
does notapply ffthe Insured haa any other
Insurance for such "bodily injury" or
"property damage", whether the other
insuran:,e is pary, exoess, contingent
or on any other basls.
h. Mobl(e Equipment
"Bodily ?jury" or "property damage" ariaing
out of.
[ €) The transportakn of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any Insured; or
42) The use of "moblle equipment" in, or while
in practice for, or while being prepared for,
any prearranged radrig, speed,
demo)itlon, or stunUng adlvity.
i. War
"Bodlly injury" or "property damage", howew
caused, arfsing, diredy or Indiredly, out oe
IQ War, kicluding undeclared or civil mr:
(2) Wartike action by a milRary ffiroe. includlng
amon in hlnderlng or defending agalnst an
aatual or expemd attck, by any
government, sovereign or other authority
using military pemonnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or a6n taken by governmental
authortt5r In hindering or defendlng agalnst
any of theae.
J. Damage To Property
'Property damage" to:
He 00 01 09 16
18,2hQ12:3c6elr!l2f41,2c5atG:/CAautn0c/e(lmlBb/+}aCn/dPOBlul/pI)lerBlB:Aae:iaALCiOLldpttrnevlilo2u/s51/y20214sglulei3d7icle(lrt)1}l1f(1PcSa'!esl .Pagti 9 0e 26 gl
98 (1) Property you own, rent, or oce,upy,
including any costs or expenses fnaurwd
by you, or any other person, organization
or enffiy, for repalr. repfaeement,
enhancement, reslorafion or malntenanae
of such property for any reason, kx,!uding
prevention of injury to a person or damage
to another's property;
(2) Pmmlses you sell, give away or abandon,
If the "property damage" arises out of any
part of thoae premises;
(3) Pmperty loaned to you;
(4 Personal property in the sre, custody or
control ofthe Insured;,
(6) That partk,ular pad of real property on
whiah you or any aontradors or
submntradors
working dlreaQr or IndJred]y on your behalf
are pertrmlng operatkins, if the "property
damagd' arises out ofthose operaUons; or
(8) That particular part of any pmperty that
muat be restored, repaked or repJaced
bemuse "your work" was incorredly
performed on tl
Paragraphs (1), (3} and (4) of Uils exclusdon
do not apply to "property damage" (other than
damage by fire) to premlses, including the
contents of such premises, rented to you for a
period of seven or fewer secutive days. A
separate Omit of bisuranea applles to Damage
To Premmes Rented To You as described In
Sectlm Ill - Lmits Of Insuranae.
Paragraph (2) of this exaluson does not apply
if the premises are "your work" and were
never oa;upied, rented or held for renbal by
pu.
Paragraphs (3} and (4} d this exclusion do
not app)y to "properly damage" arlsing from
the use of elevabra.
Paragraphs (3), (4)t (5) and (O) of Uiis
ex*sion do not apply to liabllity assumed
under a sldetraak agreement
Paragraphs (3) and (4 of ttds exdus!on do
not apply to "pmperty damage" to borrowed
equlpment while not being used to perfortn
operations at the job slte,
Paragraph (8) ofthis excluslon does not apply
to "property damage" included in the
"products-oompleted operations hazard',
k. Damage To Your Product
'Property damage" to "your product" arlslng
out ofR or any part of It.
1. Damage To Your Work
'Property damage' to "your work" arismg out
of it or any part of it and Induded in the
'pmdu&mmplem operatkins hazard".
This exclusion does not apply If the damaged
work or the work out of whldi the damage
arises was performed on your behalt by a
submntracto7.
m. Damage TO Impaired Property Or Property
Not Physiaally Injured
"%perty damage" to "impalred property" or
property that has not been physioally Injured,
arising out of:
(1) A defed, deflclenoy, inadequacy or
dangerous comitlon in "your produd' or
"yourwork'; or
(2) A delay Or mlure by }ou Or anyone aating
on your behalf ki perfiorm a oontrad or
agreementln amrdanvwith itsterms.
Ttlis excluaton does not apply to the loss of
use of other prope$ arlsing out of sudden
and aocldental physloal injury to "your
produat' or "your work" after It has been put
to its intended use.
n. RaaallOfPmduda,WorkOrlmpalred
Property
Damages c1aimed for any loss, cost or
expense incurred by you or others for the loss
of use. mthdrawal. remll, Inspemon, repair,
repla>mint, adjusknenl removal or disposal
of:
(1) 'Yourproduct";
(2) 'Your work"; or
(3) "lmpalred properd';
if gursh produd, work, u property is mttxlrawn
or recalled from the market or from use by
any person or orgamzatlon bacause of a
known or suspected defecl defk,lency,
Inadequacy or dangerous mridltion In it.
o. Personal And Advablng Injury
"Bodily Injury" arising out of 'personal and
adverUslng injury',
p. Aacess or Dlss:losum Of (:onftdentlal Or
Personal lnforimlion And Data-related
Liability
Damages arislng oul of:
(1} Any acmes to or disdosure of any
person's or orgamzaUon'a asnfidential or
personal Information, Inaluding paUanti,
trade sewets, prooessing methods,
customer Ilsbi, flnanclal kiformation, credit
card ktfarmaUon, health informatlon or any
other type of nonpubllc Information; or
(2} The loss of, loss of use of, damage b,
com4itlon of, Inablllty to access, or
Inability to manlpidate ekictronk, data.
This excluslon apples even if damages are
ciatmed for noUfiaatlon costs, uedlt
monitoring expenses, forensic expenses,
HG 00 01 09 16 Page 5 of 21
L[2-
a2923361 i 24-25 GL/Autei/Umb/WC/Ptill/IM i Mai.ia Gtilden I 12/5/2024 11, This certlficate cancels and supersedes AIITI previously issued' :eoiat\fWa!s!i.'aga lo of 26 99 pub)b relations expenses or any other b88i
mst or expanse Incurred by you or others
arismg out of that whk,h Is deagibed in
Paragraph (1)or(2) above.
However, unless Paragraph (1> above
applies, this exckislon does not apply to
damages bemuse of"bodily Injury",
As used In this exclusion, electronic data
means Information, fads or programs abed
as or on, weated or used on, or transmltt@d to
or fmm computersoftware, inc)udlrig syatems
and applimt)ons software, hard or floppy
di8ke, Co-ROMS, tapes, drives, sllsi data
prooesslng dev)zs or any other media which
are used with eleeitronioally aontrolkid
equlpment.
q. Employment-Related Pmetiaes
"Bodily Injury" to:
41) A parsan arisFng out of any "ernployment-
related praatiws"; or
42} The spouae, chl!d, parent, brother or alater
of that person as a oonsequens of"bodlly
injury" to that person at whom any
"employment-related praThzs!' are
dkeoted,
Thls exclusion applies:
("l) Whether the injury-causing event
desodbed In the definmon of 'empToyment-
related pramoed' ozrs before
employment, during empkiyment or after
employment of that person;
(2) Whether the bisured may be liable as an
employerorin any otherzpacity; and
(:3) To any obli(;lation to share damages mth
or repay someone else who must pay
damages because oflhe injury,
r. Asbestos
(1) "Bodily injury" or "property damage"
arislng out oflhe "aabestos hazam".
(2) Any damages, judgments, aeUlements,
loss, mats or expenses that:
{a) May be awmed or Incurred by reason
of any dah or sult alleging adual or
threabned injury or damage of any
natum or kind to persons or property
which would not have ooourred in
whole or in part but for the "asbestos
hazard";
(b) Adse out of any request, demand,
order or statutory or regulaiory
requlrement that any Insured or others
test for, monitor, clean up, remmie,
enwpsulate, contain, beat, detoxify or
neutralize or in any way respond to or
assess the effeots of an "asbeatoa
hazard"; Cir
(c) Arise out of any c)aiin or ault for
damages becauae of testing for,
monitoring, cleanlng llp) removing,
enoapsu)sling, containing, treating,
detoxifying or neutralizing or in any
way respoming to or assessing the
effects of an 'asbestos hazard",
s. Recordin@ And Dlstrbution Of Material Or
Infonnation In VJotatlon Of Law
"Bodily injury' or "property damage" arislng
dir@ally or indiredly out of any aation or
omission that vkilales or Is alleged to violate:
('l) Ttm Telephone Consumer Proteetiein Aat
(TCPA), inoluding any amendment of or
addition to such law;
(2} The CAN-8PAM J%t of 2003, Indudlng
any amerxlmentof or addition to suoh law;
(3} The Falr (a'edJt Reporung Aot (PC,RA). and
any amendmentof or addlUon to such law.
tnotuding the Fair and Amirate Credit
Transaotion /J (FA(,TA); or
€4) Any federal, state or loml statute,
mlnance or regulation, other than the
TCPA or CAN-8PAM Aa of 2003 or FCRA
and their amendntents and additions, that
addresss, prohibits or limb the pnnUng,
dissernlnatlon, dlspoaal. colledn@,
rezrdlng, sendlng, transmlttlng,
zmmunicating or distribution of materlal
or information.
Damage To Prembiea Rented To You -
Exceptton For Damage By Flm, Li@htnlng Or
Explosion
Exclusions e. thmugh h. and j. thmugh n. do not
apply to damage by fire, 11ghtnin@ or explosion to
premises while raited to you or tmporarily
omipmd by you mth permisaion of the owner. A
separate lirmt of Jnsurance applies to this
covemge as desauibed In 8eThon Ill - Limb Of
Inauranoe.
COVERAGE B PERSONAL ANLI /uJVbNllblNTh
INJURY LIABILITY
1. tnsuring Agreement
a. We will pay those sums that the msured
bemmas legally obligated to pay as damages
bemuse of "personal and advertialng Injury"
to whidi this insumnoe applies, We wil) have
the r5ht and duty to defend the insured
against any "'suit' seeking those damages.
However, we wall have no aduly to defend the
Insured againat any "suit" seeking damages
far opersonai and advert!sing injury" 10 whlah
t0is inauranoe does not apply, We may, at our
F%4e 8 of 21
82923361 i 24-25 GL/Aut0/ €mb/ttC/Pail/IM I Mat-ia eolaan I 12/5/2024 lli37il0 AM (PS?) i Page kl Of 26 TMg certificate caricels and supsrsedes ALL praviously iss+ied certlficatas.
HG DO 010016
100
discretion, Invest!gate any offense and settle
any daim or "sult" U'iat may result. But:
(1) The amount we wlll pay for damagea is
umlted as desglbed in Section 11€ - Limits
Of Insurance; and
(2) Our right and duty to defend end when wa
have used up the applizb!e limit of
!nsurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage O.
No olher otAgdon or liabllity to pay sums or
perform ads or services is oovered unless
explbltly pmvJded for under Supplementary
Payments - Covemges A and B.
b. This insurance applis to "personal and
advarUsing lrdury' wused by an obnse
arbing out of your business but only if the
o%nse was oommitted in the "coverage
temtory" durlng the policy period.
2. ExoEusioim
This insurarice does not apply to:
a. Knowing ViolaUon Of Rlghts Of Another
"Permnal and adverUsirig injury" arising out of
an offense oornrn[tted by, at Uie dlredlon or
wUh the consent or aoqulescence of the
imiured Jh the expemtion of bifiJng
"personal and aelverUsing Injury'.
b. Nlaterial Publlahed With Knowledge Of
FabiJty
'Personal and advertislng Injury" aris)ng out of
oml, written or elemonla pubtiwtkin, In any
manner, of material, if done by or at the
dlredion of the Insured with knowledge of b
falsity.
c. Material Publlstmd Prior To Polky Padod
'Personal am advertising injury" artslng out of
oral, written or elemonic publlcalion, In any
manner, of matedal whose first publlmtlon
took p)aoe before the beginning of the polio
period,
d. Crtmmal Acts
'Personal am adverUsing injury" ariaing out of
a criminal ad committed by or at the dimion
offfiieinsured. '
e. Comractual Llability
'Personal and adverlising Injury" for whk,h the
insured has assumed liability In a oontrad or
agreement. This exclusion does not apply to
liabimy for damages that the Insured would
have in the absence of the contram or
agreement.
f. Breach Of Contract
'Personal and adverUsing Injury" arlsing out of a
breadi of oontrael exoept an hiplled ooritrad to
HG 00 01 09 16
use another's "advertlslng Idea" In your
"advertisement".
g. Quality Or Per'formance Of Goods
Fallum To Confonn To 8bitements
'Persona) and advertising injury" arising out of
The failure of goods, produds or servims to
onform mth any statement of qualtty or
peformanae madeln your"advertisement".
h, Wmng Description Of Prices
"Persons! and advertising injury" adslng out of
the wmng degrlptlon of the prkie of goods,
pmduds or services.
1. Infdngement Of Intellectual Property
Rlghbi
(1) "Personal and adverUslng injury" arising
out of any adual or alleged infrlngement
or violation of any Intellemal property
rights such as oopyright, patent,
trademark. trade namei trade Secret, tride
dress, aerviee mark or other designation
of origin or authenticity; or
(2) Any injury or damage alleged In any eJam
or "suif' that abio alleges an infringement
or violatlon of any intelledua! pmperty
rlghl whether suoh allegatton of
infringement or violation is made by you or
by any other party lnvoived hi the claim or
"sult", mgardless of whether this
Jnauranoewould othenmseapply.
However, thls exclusion doea not apply if the
only allegation In the claim or "suit" involmng
any Jritellgtual property right Is limited io:
(1) lnfringement in your "adwrtisement", of:
(a) Copyright;
(b) Slogan; or
(c) Title of any Ibrary or artiatlc work; or
(2) Copylng, in your "advertisement", a
pemn's or organlzaUon's "advdsing
idea" or style of"admrtisemenf'.
J. Insureds In fWedla And Imernet Type
Bualnesses
"Personal and adverUsing Injury" oommltted
by an insured whose business Is:
(1) AdmrUaing, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sees f5r others; or
43) J"in Intemet search, acmss, content or
aervioe provider.
However, this exclusion does not apply to
Paragmphs a., b. and c. of the definition of
"personal and advertlsfng Injury" under the
DeflntUons 8edmn.
44Q12s33a6elKltX;i2c5at:L/cAuatn%/eUrbs/WaCn/dPOsl]u./prserale:,,aersi;221::8,lo2u/s!,/y20i4sslulei57icl:rt?\,(%c!ie\.Bl,Pag€ 12 0f 26 101
For the purposes of this exclusion, the pladng
of frames, borders or 11nks, or advertislng, for
you or others anywhere on the lnlernet, Is not
by beIf, wnsldered the business of
advertising, broadcasting, publlshlng or
telmiaUng.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and adverllslng injury" arising out of
ari elemonia diatroom or bulletin board the
Instired hosts, owns, or over whleh the
insured exercises control.
1. Unauthorized Use Of Anothels Name Or
Pmduct
"Personal and advertislng injury" arising out of
the unaulhorized use of another's name or
produat in your e-mail address, domaln name
or metalags, or any other sknHar tacU6s to
mislead another'spotential customers.
m. Pollution
"Personal and adverUsing injury" ansing out of
the aakial, alleged or threatened dlgharye,
dispersal, seepage, migraUon. release or
eaaipe of"pollutanbi' at any time.
n. f'otlutiona!lvlntod
Any loss, oost or expense arlsing out of any:
(1) Request, demand, order or statutory or
regula €ory requirement that any insured or
others lest for, monitor, clean up, remove,
contaln, treat, detoxify or neutralize, or in
any way respond to, or a88ess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmenta{ authority for damages
bewuse of tesUng for, monitoring,
cleaning up, removkig, contalnktg,
treating, detoxifying or neutralizing, or in
any way respondtng to, or assessing the
effeats of, "pa)lutants".
o. War
"Personal and advertislng kijury", however
zused, arising, dlredlly or indlredly, out of:
(1) War, mdudlng undedared or dvll war;
(2) Warlike aefflon by a military force, inc(uding
adon in hkidering ordefendlng againBtan
adual or expeoted attack, by any
govemment, sovereign or other authority
using milbry personnel or other agents;
or
(3) InsumdJon, rebel)ion, remlutkin, usurped
power, or amon taken by govermerhl
authority In himering or defending against
anyoflheae.
Others
"Personal and advertising Injury" arlslng out
of:
(1) An "advertisement" for others on your web
sue;
(2) P)acing a link to a web sue of others on
yourweb site;
(3) Content, including informaNon, sounds,
text, qraphics, or Images from a web site
of others displayed wThin a frame or
borderon yourweb site; or
(4 Computer ado, soflwara or programming
used to enable:
(a) Yourweb site; or
(b) The preeentaUon or functmnality of an
"advertlaemenf' or other mntent on
pour web site.
q. Rfght Of Privacy Creatad By 8tatuUi
"Personal and advertising inJury" arlslng out of
the vlolaUan of a person's r5ht of privaq
created by any state or federal ad.
However, this exduslon does not apply to
liablflty for dannages that the insured would
have ki H'ie absence of such state or federal
act.
r. ViolaHon Of Anti-Trust law
"Personal and advertising !njury" arising out of
a vlolalkin of any anti-trust law.
a. 8eetmfies
"Personal and adveruain@ Injury" arising out of
the fluctuation }n prim or vague of any stocks,
bonds or other securities,
t Recoming And Dmtribution Of Material Or
Infomidon (n Wolation OfLaw
"Personal and adverllsing injury" artsing
diredly or Indiredly out of any aatlon or
ormsskin that violates or is a%ed to violate:
(1) The Telephone Consumer Pmtedion Ad
(T CPA), including any amendment of or
addiUon to such law;
(2) The CAN-8PAM Act of 2003, indudlng
any amendment of or addition to such law;
(3) The Fair CredR Reporting Ad (FCRA), and
any amendment of or addlUon to such law,
includlng the Fair and Accurate Credit
Transadion Ad (FACTA); or
(4) Any federal, state or local statute,
ordianoe or reguialion, other than the
mPA or CAN-SPAM /Jof 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limns the prhiUng,
dieserninat)on, disposal, colleThng,
reoordlng, aend!ng, transmittlng,
communieating or dlstrJbuUon of material
or informal)on.
Ha DO 01 09 16
82923361 i 24-25 GL/Auto/ornE/WC/Pall/I+i I Maria aOlaan I 12/5/2024 11:37:1(1 AM (psz) i Page 13 0f 26 'jhis certificate cancels and superscdas ALL previously .tssued ceytifkateB, 102
li. CinHIU'dffluul'nuldlUll r tubliuuu
"Personal and advertlslng injury' to:
(1) A person arislng out of any 'employmem-
related pmdioes"; or
(2) The OpOu!10, Child. pa'ent. b'other oi' sister
of that person as a ooneequenoe of
"personal and advertising Injury' to that
p8raon at Wt10m any 'UIIJ,iluyiiibiil-iei)albil
pmdicea" are dlreated,
Thla exckislon applles:
(1) Whether The iniury-musing event
degribed In the definltlon of "empfoyme4t-
related praati>s" ocwrs before
employment, dunng employment or after
employment ofthat person;
(2) Whether the insured may be Ilable as an
employer or in any othercapacity; and
{3) To any obligation to share damages with
Or repay someone 6186 Who must pad
damages beaause of the fnjury,
v. Asbestos
(1) "Personal md adyertislng Injury" arislng
out of the "asbestos hazam",
(2) Any damages, Judgments, settlements.
loss, cosbi orexpenses that:
4a) May be awarded or Incurred by reason
of any alaim or auR alleglng amal or
threatened injury or damage of any
nature or kind to persons or pmperty
which would not have ocurm ki
whole or in part but for the "asbestos
hazard";
(b} Arise out of any request, demand,
order or statutory or regulatory
requlrement that any insured or others
test for, monRor, ckian up, remove,
enaapsulate, contain, treat, detoxify or
niutrallze or in any way respond to or
assess the effeets of an "asbestos
hazard"; or
4c) Arise out of any daim or suffl for
damagm bemuse of testing for,
monitoring, deaning upi rernov'ng.
enmpsulating, contaming, treating,
detoxifylng or neutralizlng or in any
way responding to or assessing the
effeds of m dasbestos hazard".
w. Access Or Disclosure OR Oonffdentlal Or
Persoml Information
"Personal and advertis!ng injury" arising out of
any aacess to or dsalosure of any person's or
organizatlon's confidentlal or personal
infomiation, induding patents, trade seaets,
processing meUiods, customer lists, finan6al
Informatlon, credit card informaUon, hemllh
information or any other type of nonpublic
information.
Thls exclusion applies even et damages are
claimed for no&alion ooats. credit
monltorktg expenses, forensk, experaes,
publk: relations expenses or any other loss,
oost or expense inauned by you or others
arlslng out of any awess to or disclosure of
any person's or organization's oonfldential or
personal infonnatkin.
COVERAGE C MEDICAI PAYMENT8
1. Insuring Agreement
a. We wll pay medical expenses aa dewibed
below far "bodNy injury" caused by an
aocident
(1) On premiaes you own or rent;
(2) On ways next to premises you own or
4nt; or
(3) Becauseofyouroperatlons;
pmvkied that:
(1) Tha acddent bikes place in the "coverage
tarritory and during the polk,y period;
(2) The expenses are Incurred and reported
to us when three years of the date of the
amderlt; and
(3} The injured person submlhi to
examination, at our expense, by
physlcJans of our choice as often as we
reasonably require.
b. We m!l make these payments regardless d
fault. These payments mll not exceed the
applicable limit of insuram, We will pay
raasonable expenses for:
(1) First ald administered at the time of an
aoaident;
(2) Neoessary medlaal, surglcal, X-ray am
dental senrlces, Includlng prosthefic
devfoes; and
(3) Necessary ambulance, hospital,
professbnal nursing and fursral servim.
2. Exckislons
We will not pay expenses for"bodily irJury":
a. Any ensured
To any insured, except "volunteer workers',
b. Hlred Person
To a pemon hired to do work for or on behalf
of any insured or atenant of any Insured.
c, lr4ury On Norrmlly Occupied Premises
To a person injured on that part of premlses
you own or rent €hat the person normally
oooupies.
d, Warltub Gunipuuaaliuii AiiJ 8imllarLawa
To a person, wheUier or not an "employee" of
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any insured, if beneffts for the "bodily Injury" are
payable or must be provided under a workers'
oompensakn or dmability benefits law or a
slmilaafaw,
e. Athletics AcUvltiea
To a person injured while practiclng,
instng or partlcipatlng In any physical
exerases or games, sports, or athletic
mntests.
Induded within the "produots-completed
operations hazard"
g. Covamge A Excluslons
Excluded undar Coverage A,
SUPPLEMENT ARY PAYMENT8 - COVERAGE8
A AND B
1. We mll pay, with respeat to any daim we
invesUgate or settle, or any "suit" against an
insured we defend:
a. All expenses we kg,ur.
b. Up to $1,000 for cost of ball bonds required
beaause of aaadents or traffic law violations
arming out ofThe use of any vahide to which
the Bodily Injury Liability Coverage applies,
We do not have to fumish these bonds.
c. The oost of appeal bonds or bonds to release
aUachmenb, but only for bond amoums
wThin the appllmble limit of insurance, We do
not have to film)sh these bonds,
d. AH rsasonable expenses hicurred by the
Insured at our request lo assist us in the
Investigation or defense of the claim or "suit"
inaluding aatual loss of eamngs up to $600 a
day because ofUme offfrom work,
e. All murt costs taxed against flaie insured in
the "suit". However, such costs do not
lm,lude attorneys' fses, attorneys' expenses,
whess or expert fees, or any other expenses
ofa party taxed to the insured,
f. Preludgment Interest awarded against the
Irmured on that part ofthe judgment we pay. If
we make an offer to pay the applmble Umit of
Insunance, we will not pay any preJudgmerit
interest based on that period of time after the
offer.
g, A)I intrest on the Aill amaint of any judgement
that aamiea after enby af the judgment and
before we have paid, offered to pay, or
deposlted in court the part of the judgment
that is within the applk,able llmit of Insuranoe.
These paymenbi mll not reduce Uie 1!rnits of
insuranoei
2. If we defend an Insured against a "suit" and an
indemnttee of the Insured la also named as a
Page'lOof2l
party to the "suit", we will defend that indemnitae
if all of the following oondltions are met:
a. The "suit" against the indemnltee seeks
damages for which the insured has assumed
the liability of the indemnitee in a wntrad or
agreement that is an "Insured conlrad';
b. This Insuranoe applles ki such liabllity
assumed by the Insured;
c. The obligation to defend, or the oost of the
defense of, that indemnitee, has also been
assumed by the inaured in the same "Insured
contrad';
d. The allegations in the "suit" and the
information we know about the 'ooourrenoe!'
are such that no oonflict appears to exist
bemeen the interests of the insured and the
Interests of the indemnitee;
e. The indemnlte* and the insured ask us to
condu6t and mrm'ol the defense of that
Indemrikee against sudt "suit' and agree that
we can asslgn the same munsel to defend
the insuned and the indemnltee; and
f. The indemnTtee:
(1) AgreestnwriThHto:
(a) Cooperate mth us in the investigation,
settlement ordefense of the "suit";
(b) Immediately send us mples of any
demands, notces, summonses or legal
papers reoeived In connection with the
"suit":
(c) Notify any other inaurer whose
coverage Is availab)e to the
indemnitee: and
(d) Cooperate mth us wh resped to
zomlnatlng other applimble
insurance avaJlable to the indemnitee;
and
(2} Pmvideeusw"ithwrlttenauthorizatlonto:
(a) Obtain reoords and other information
related tothe "suir'; and
(b) Conduct and wntrol the defense of the
indemnitee in such "sulF.
So long aa the above oonditions are met,
attomeys! fees incurred by us in the defense of
that lndemnltee,
nemsary litigation expenses ina,irred by us and
nesary utlgation mpenses incurred by the
indemnNk,e at our request wifl be paid as
Supplementary Payments, Notmthstandlng the
pmviskins of Paragraph 2.b.{2) of Seclion I -
Coverage A - Bodily Injury And Property
Damage Liability, sudi payments will not be
deemed ki be damages for "bodily Injury" and
"property damage" and will not reduoe the limits
Of Insurance,
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Our obligation to debnd an msured's indemmtee
and to pay for attorneys' fees and necessary
litigation expenses as Supplemenbir5r Payments
ends when:
a. We have uaed up the applk,able Iknlt of
insuram,e in the payment of judgments or
settlements; or
b. Theconditlonasetforlhabove,orthetermof
the agreement degribed in Paragraph f.
above, are no longer met.
SECTION H - WHO IS AN IN8URED
1. )f you are designated in the Declarations as:
a. An individua(, you and your spouse are
insureds, but only with resped to the conduct
of a business of whfch you are the sole
owner.
b. A partnership or Jolnt venture, you are an
insured. Your members, your partners, and
thek spouses are also insureds, but only mth
rasped to the oondud of yourbusinesa.
a. A Ilmtted Ilabil$ mmpany, you are an
Insured, Your members are also insureds, but
only mth resped to Hie condud of your
5uslness. Your managers are insureds, but
only mth resped to aieir duUes sas your
mamgers.
d. An organizaUon other than a partnership, joint
ventum or Hmited flability ompany, you are
an imured, Your "exeouUve offioera" and
dmdora are insureds. but only with rmpgt to
their duties as your offloers or diremors. Your
sloakholders are also insureds, but only with
resped to their Jiabllily as stodtholders,
e. A busl you are an Insured. Your kustees are
also insureds, bul only mlh reaped to lhek
dulies as trustees.
2. Eachofthefollomngiaalsoanlnsured:
a. Employaou huu !'uluiiLui Wuilius.*
Your "volunteer workers" only while
perfomiing duHes related to the oondud of
your business, or your "employees", other
than either your "executive offiaers" (if you are
an organization other than a padnership, joint
venture or limited Iiabllity mmpany) or your
managers (ff you are a limited liability
oompany), but only for am mthin the saipe
of their employment by you or while
perfomilng duUes related to the oondud of
your business.
However, none of these "employees" or
"volunteerworkers" are Inaureds for:
(1) 'BodllyinJury"or"personalandadvertislng
injury":
(a) To you. b your partners or members (H
you are a partnerahip or Joint venture),
to your members (If you are a limited
HG 00 0'l09 16
liability company), to a go-"employee"
whi)e in the oourse of his or he7
employment or performing duties
related to the oondud of your
buslness, or to your other "volunteer
workers" while performing duties
related to the mndud of your
business;
(b) To the spouse, child, parent, brolher or
sister of that co-"employee" or that
"volumeer worker' as a consequenm
of Paragraph (l)(a) abow;
(O) For which there ia any obligallm to
share damages mth or repay someone
else who must pay damages beause
of the Injury described In Paragraphs
(l)(a} Or (l)(b} above; Or
(d) Ariskig out of his or her provkling or
faiHng to profflde professlonal heart)
care services.
If you are not in the business of pmviding
profeaaional health mre serv!oss:
(a) 8ubparagraphs (l%a), ("l%b) and (l%c)
above do not apply to any 'employee!'
or 'volunteer worker" provlding first aid
senloes; and
(b) 8ubparagraph (l){d) above does not
apply to my nurse, emergency medkml
technldan or paramedk, employed by
you to pmvide such serviws.
(2) "Pmperty damage!' to property:
(b) Owned, owupled or used by,
(b) Rented to, In the care, custody or
control of, or over whiah phyaiml
cormol is being exeratsed for any
purpose by
you, any of your "empbyees", "volurdeer
workers", any partner or member (if you
are a pannershlp or joint venture), or any
member (if you are a limited liabiRy
company).
b. Red 5tate Manager
Any person (olher than your 'employee" or
"volumeer worker'), or any organization while
aating aa your real estate manager,
c. Tempomry Custodians Of Your Property
Any person or organkatlon having proper
temporary custody of your property If you die,
but only:
('Q Wah resped to uabtlity arising oid of the
maintenance or use ofthat property; and
(2) LJntil your legal represenlaUve has been
appointed,
d- Legul kHpiuuulllulK'vu Ir'V,iu Db
Your kigal representative If you die, but only
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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.
The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injqry
or damage with respect to which such insured
is also a named insured under another po)icy
(ir yvauld bB B qarped insured undg7 31ch
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 60% 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 afler 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 "prope% damage" that occurred before
you acquired or formed the organization; arld
c, Coverage B does not apply to "personal and
advertising injury" arising out of an offense
comrr)itted before you acquired or formed the
organization.
4. Nonowned Watercraft
With respect to watercraft you do not own that js
less than 51 feat long and is riot being used to
carry persons for a charge, any person is an
insured while operating such watercratt 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 watercrafi, and
only if no other insurance of any kind is available to that person or organization forthis liability.
However, no person or organization is an insured
wi[l'i 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 diarge of or occupied by you
or the employer of any person who is an
insured under this ptovision.
Pagel2of21
a\!':. Additional Insureds When Required 8y.
Written Contract, Written Agreemem Or,
Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, In a
written contract, written agreament or because of
a permit issued by a state or political subdivision,
that such persori or organization be added os an
addltional insured an 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 Caverage Part.
a. Vendor$
Any person(s) or organization(s) (referred to
below as vendor), but onl9 with respect to
"bodily injury" or "property damage" arising
out of "your produds" 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
"produis-completed-operati6ris-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 assumptlon
of liabi1ity in a contract or agreement.
This exc(usiori does not apply to
liability for damages that the vendor
would have in the absence of the
contract or agreement;
(b) Any express warranty unauthorized 5y
9011;
Ic) Any phystcal or chemica( change In the
product made intentionaliy 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 they'l
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
HG 00 €)l 09 16
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undertakes to make In the usual
course of business, In mnnedon with
the distribution or sale of the produds;
(f) Demonstration, installation, servicing
or repair operaUons, exoept such
operaUons performed at the vendor's
premises in connedion with the sale of
the product;
(J Produds which, after distribution or
sale by you, haw been labeled or
relabeled or used as a oontainer, part
or ingradmnt of any other thing or
substanoe by or for the vendor: or
(h) "Bodily Injury" or "property damage"
arlslng outofthe sole negligence ofthe
vendor for its own am or omissions or
those of its employees or anyone else
ading on its behaH. However, this
exdusion does not apply to:
(i) The exceptions ained in 8ub-
paragraphs (d) or (f); or
(ti} Such Inspemlons, adjustments,
tesbi or servloing as the vendor has
agreed to make or normally
undertakes to make In the usual
murae of buslness, in mnnedion
mth the distribution or sale of the
produds.
(2) This Insurance does not apply to any
insured person or organization, from
whom you tmve aqubaed such prooum,
or any ingredlent, part or container,
entering Into, aocompanylng or oontaining
such produds,
b. Leasora Of Eqidpment
('q Any person(s) or organlzatlon(s) from
whom you lease equipment; but only with
respect to their liability tr "bodily Injury",
"property damage" or "personal and
adverUsing injury" oaused, In whole or in
part, by your maintenanoe, operation or
use of equipment leased to you by such
person(s) ororganizatlon(s).
(2} With resped to the msurance affomed to
these addltional insureds this Insurance
does not app§ to any "oceurrenoe" which
takes plam aver the equipment kiase
eXpk08.
c. leasors Of Land Or Pramlses
Any person or organbtion from whom you
k,ase land or premises, but only with resped
to liabilit5r arising out of the ownemhlp,
malntenance or use of that part of the land or
premiaes leased to you.
!Mth rasped to the Insuran> afforded €hese
additional insureds the followtng additiona)
exclusions apply:
This insurance does not apply to:
1. Any "oa=unenm" whk,h takes place ajiB(
you cease to lease that land; or
2. Stnuctural alleraUons, new ooriatrumion or
demolition operations perfomied by or on
behalf of such person or organization.
d. Archltegbi, Engineers Or 8urvayors
Any adltem, engineer, or surveyor, but only
with mspect to liability for "bodily inJury',
"pmperty damage" or "personal and
advertising injury' sused, In mole or in prt,
by your am or omissions or the ads or
omissdong oflhoae aoUng on your behalf;
("l) In mnnedion wti your premlses; or
(2) In the performanoe of your ongoing
operaHona performed by you or on your
behaH,
With respect to the insurance afforded these
additional inaureds, the folkimng additiorial
exduslon appllea:
This insuranoe does not appiy to "bodily
injtgy", "property damage" or "personal and
advertting inJury" arising out of the rendsdng
of or the fa[ure to render any professional
services by or for you, inaluding:
1, The preparing, approving, or fal)lng to
prepare or approve, maps, shop drawkigs,
opinions, reports, surveys, field orders,
change orders or drawings and
spgifications; or
2. Supervisor5r, inspeotion, ardiltemuml or
engineering adivlles.
This ealusion applies even if the claims
against any insured allege negligence or
other wrongdoing In the supeniiskin, hiring,
empkiyment, tralnlng or monitoring of others
by that insured, Vi the "owrrenoe" mildi
oaused the "bodily injury" or "property
damage", or the offense whidi mused the
'persmal and advertising Injury", involved ule
rendering of or the 6iilure k> render any
professiona) seniioes by orfor you.
e. Pmmh Issued By State Or PollUsl
8ubdivisions
Any state or pofltlml subdMslon, but only wlth
rasped to operations performed by you or on
your behalf for whioh the stale or politim
subdivision has issued a permR,
Wmi resped to the insuranoe afforded thes
addltionai Insureds, thls Inauranoe does not
applyki:
(1) "Bodily kijury", "property damage!' or
"personal and advertislng injury' arislng
out of operations performed for the state
or munidpallty; or
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(2) '!3odily injury" or "property damage"
[ncluded wRhin the "pmduats-comp)eted
operations hazard".
f. Any Othar Party
Any other person or organization who % not
an additional msured under Paragraphs a.
through e, above, but only with reaped to
liabllffly for "bodily injury", "properly damage"
or "personal and advertising injury" oaused, In
whole or In part, by your am or omlsslons or
the ADS 01' omissions Of thorie acting on jour
behalf:
(1} fn the performance of your ongoing
operations;
(2} In connection wlth your premiaes owned
by or rented to you; or
(3} In oonnedion wlth "your work" and
included within the "pmduats-oomplated
operafiona hazard", but only if
(a) The written conkad or agreement
requires you to provide such mverage
to such addltlonal )nsured; and
(b) Thls Coverage Part provides mverage
for "bodily injure' or 'property damage"
lpcluded within the "products-
complebd operations hazard",
However:
(1} The insuranoe afforded to such additimal
insured only applies to the extent
permitted by Isy and
(2) If coverage provided to the additional
Insured Is required by a contrad or
agreement, the insuranoe afforded to sud*
addltlonal Insured will not be broader than
that whlah you are required by the aontram
or agreement to provide for such
additional insured.
Wlth mped to the insurance afforded to
these addlUonal Insureds, thls insurance does
not apply to:
"Bodily injury", "property damage" or
"personal and advertising Injury" arialng out of
the rendering of, or the failure to render, any
professional archltedural, engineering or
surveylng senttas, includlng:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinlons, reports, surveys, field orders,
change orders or drawings and
spec&,alions; or
(2} 8upervlsory, Inspedlon, arohitectural or
englneerlng aThvities,
This exclusion applies even if the daims
agamst any insured allege negligence or
other wrongdoing in the supervlslon, hirlng,
employmenl training or monitoring of others
Page '14 of 21
by that insured, ff the "oa:iurrence" which
caused the "bodl)y Injury" or "property
damage", or the offense whlch aaused the
"personal and advertlsing injuiy", Involved the
rendering of or the failure to render any
professional servk,es by or for you.
The limits of Insuranoe lhal apply to additionat
Insureds is desslbed in Semon Ill - Lfmlts Of
Insurance.
How this insuranm apples when other insuranoe
is available to the addlllonal insured is described
in the Other Insuranm Condition In 8ectlon IV -
Commercial General Liability Conditions.
No person or organization is an fnsured wlth resped
to fiie mndud of any zrrent or past partnership,
joint venture or limited liability aornpany that is nm shown as a Named )nsured in the Declarations,
ate:TION ill - LIMIT8 0F INatlRMCE
1. The WostWe Wlll Pay
The Limits of Insurance shown in the
Derjaralions and the rukbs below fbi the most we
mll pay regardless of the number d:
a. Insureds:
b. C!aims made or%ub" brought; or
c. Persons or organizations making daims or
bringing "sults".
2. Geneml Aggmgate LTmlt
The Cieneral Aggregate Limit Is the most we will
payforthesumof.
a. Mediml expenses under Coverage C;
b. Damages under Coverage A, exoept
damages because of "bodily Injury" or
"property damage" inaluded in the "produats-
completed operaUons hazard"; and
0. Damages under C:overage B.
3- r * uJubL 'r iiiliBJii Cl@jOratgOnS AHragate
Lknit
The %duds-Compfeted Operations Aggregate
Limit is the most we will pay under Coverage A
for damages bwuse of 'bodily injury" and
"pmpaty damagd' Induded in the "products-
completed opemUons heard",
4- Personal And Advarffslng Injury Limit
Subjed to 2. above, the Personal and
AdverUsmg Injury Llmlt b the most we will pay
under Coverage B for the sum of all damages
beoause of all "personal and adverUaing Injury"
sustained by any one person or organizal!on.
8. Each €k,currem.e Limit
Subjed to 2. or 3. above, whleihever applies, the
Each Ogurrence Limit is the mostwe wNl pay for
the sum of:
a. Damages under Coverage A; and
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b. Medloal expenses under Coverage C
because of all "bodlly Injury" and "property
damage!' arlslng out of any one "occurrence".
6. Damage To Premises Rented To You Lknlt
Subject to 8. above, the Damage To Premiha
Rented To You Limit is the moat we will pay
under Coverage A for damages because of
'property damage" to any one premlaes, whlle
rented to you, or In the mse of damage by fire,
11ghhilng or exploslon, while rented to you or
temporarily omupkid by you with permission of
the owner,
In Uie case of damage by fire, lightnlng or
expkision, the Damage to Premises Rented To
You Llmit applies to all damage proxlmately
mused by the same event, whether such
damage results from fire, lightning or exploslon
or any oombinafion of these.
7. Medical Expense Limit
8ubJed to 6. above, the Medtml Expense Limlt Is
the most we ml( pay under Coverage C for a[i
mediad expenses beaause of "bodily Injury"
sustained by any one person.
8. How Limits Apply To Addltlonal Insureds
tf you have agreed in a wDen mntract or written
agreement thm another person or organizaUon
be
added as an additional Insured on your polby,
the most we wlll pay on behalf of suah additional
insured m the lesser of:
a. The Ilmits of imuranoe speclfled in the wrmen
contract or written agreemem: or
b. The Llmits of Insuram shown in the
Dedaratlons.
Such amount smll be a part of and not in
addion to Limits of Insurmae shown h the
Declarations and described in this SsscHon.
Tho Limb of Insurance of this Coverage Part apply
separately to each consecutive annual period and to any remaining period of less than f2 months,
starting with the beginning of the polloy period
shown in the Dedaratlons, unless the pollq period
Is extended affler Issuanoe for an addltlonal period of less than 12 months. )n that earie, the additional
period will be deemed part of the last precedkig
period for purposes of determlnlng the Llmlts of
Insumnce.
SECTION IV - fiOMRRPRrlAl nENERAL
LIABILITY CONDIT10N8
1. Bankruptcy
Bankruptcy or insolvenay of the insured or of the
insured's estate wlil not relleve us of our
obligations under thls Coverage Part.
2. Dutles In The Evem OT Oceurmnce, Ofhinse,
Claim Or Suit
HG GO 01 0916
a. Notloe Of Occurmnce Or Offense
You or any addtional insured must see to it
that we are nOtifled AS 800n ae pradioab)e of
an "oozrrenoe' or an offense whidi may
result in a c!alm. To the extent posslUe,
notice shouid imlude:
(1) How, when and where the "oacurrenoe" pr
offense took pleoe:
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and loaation of any injury or
damage arlsing out of the "oocurrentaQ @1
Offffile.
b. Notice Of Clalm
If a claim Is made or "suif' is brought aginst
any insured, you or any addttionai insured
must:
(1) Immediately reoord the specifies of the
claim or 'suite' and the date reoelved; and
(2} Notify us as soon as pradab)e.
You or any additkinal Insured must see to it
that we remove wrlbn notloe of the dam or
"suit" s soon as pradioable.
c. Asslstance And Cooperation Of The
Insured
You and any other Involved Insured must:
(1) Immediately send us oopies of any
demands, noticea, summonses or ?egal
papers reoelvad in connedion with the
claim or 'suffl";
(2) Authorb.e us to obtain records and other
Information;
(3) Cooperate with us in the invesUgation Or
settlement of the da?m or defense agalnst
the "sulP'; and
(4) Amist us, upon our raquest, In the
enformment of any right against any person
or organization whkh may be liable to $e
insum bee of injury or damage to
whShthts Insurmce mayalsoapply.
d. ObtlgatlonsAtThelnsuredsOwnCost
No ensured will, axoept at thm hisured's @yp
cost, voluntar'[y make a payment, assume
any obligation, or incur any expense, other
than forfirst add, withoutourconsent.
e, Addlfional Insureda Other Inaurance
If we cover a daim or "suF under this
Coverage Part that may also be oovered by
other insurance avaHable to an addiUonol
insured, such addltlonal insured must submit
such clalm or "suit" to the other Insurer for
debnse and )memntly.
Howe*r, this provislon does not apply to the
extent that you have agreed in a written
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109
contract or written agreement that this
insurance is primary and non-gontributory
wi(h the additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Cfaim 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;
(3) Any manager, if you or the additlanal
insured is a limited liability company;
(4) Any "executive officer" or insurance
ma4Bger, if you or the additional insured is
a corporation;
(6) 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 publicaentity.
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 aft of
its terms have been fully complied with.
A person or organization niay sue us to recover
on an agreed settfement 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 Coyerage Part or
that are in excess of the applicable limit of
insurance. Ari agreed aetllement rrieans a
settlement and release of liabi(it9 signed by us,
the insured and the claimant or the claimant's
legal representative.
4. Otherlnsurance
If other valid and coflectible 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 foltows:
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.
beiow.
Page '16 of 21
b. Excess Insurance
This insurant,e is excess over any of the other
insurance, whether primary, excess,
contingent or on any other basis:
(1) YourWork
That is Fire, Extended Coverage, Builder's
Risk, Installatlon 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
"pmperty damage" to premises rented to
you or temporarily occupied by you with
permission of the owner;
(4) Aircraft, Auto Or Waterr:rafi
If the loss arises out of the maintenance or
use of aircraft, "autos" or watercraft to the
extent not subject to Exclueion 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 "proper3y damage"
to borrowed equipment or the use of
elevators to the extent not subJect to
Exdusion j. of Section I - Coverage A -
Bodily Injury And Pmperty Damage
Ljability;
(8) When You Are Added As An Additional
Insured To Other Insuranca
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 insuranoe; 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 add(tional 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
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110
primary, we mll share wlth all ttuat
other insurance by the method
degribed in e, below,
4b) Pgfmary And Non<ontrlbutory To
Other Insurance When Required By
Contmct
If you have agreed in a written
contrad, written agraement, or permit
that this bisuranoe is primty and non-
contributory mth the addfflonal
insured's own Insuranoe, this kmurB4oa
is primary and we will not ses%
contribution fmm lhat other insuranoe,
Paragraphs (a) and (b) do not apply to
o#ier Insuranoe to whioh the addlUona(
insured has been added as an addtlonal
insured,
When this insurans is emess, we mll have
no duty under Cowragea A or B to de%nd
the insured against any "riult" if any other
insurer has a duty to defend the insured
against that "sult", If no other insurer defends,
we wlll undertake to do so, but we mll be
enUtfed to the insured'a righbi agalnst all
those other insurers.
When this insurance is excess over other
inauranoe, we will pay only our share of the
amount of the loss, ff any, that exoeeds the
sum of:
(1) The totl amount ttmt all such other
kiauranee would pay for the loss in the
absence of this inauranoe; and
(2) The total of all deduThble and self-insured
amounts under all that other Insurance,
We will share the remalnlng kiss, if any, mth
any other Insurance ffiiat Is not desartied In
this Excess Insurance pmvision and was not
bought spe6fically to apply In excess of the
Limits of Insurance shown in the DeclaraUons
ofthls Coverage Part,
e. Method Of stmrmg
If all of the other insuranoe permits
contribution by equal shares, we will follow
this method abio, Under this approaoh each
imurer contributes equal amounts until it has
paid b appk,able llmit of insuranoe or none
ofthe loss remains, whkhevermmes first,
If any of the other insumnoe does not pemitt
contribution by equal shares, we will
contribute by Umits, Under thbi method, eaah
Imurer's share Is based on the ratio of its
appficable limit of kiauranm to the total
applhbte 11mb of insuranw of all insurers.
6. Premium Audlt
a. We will oompute all premillms for this
Coverage Part In amrdance with our rules
and rates.
b. Premlum shown In thIs Coverage Part as
advanoe premium Is a deposit premium only.
At the close of each audit psriod we wlli
compute the eamed p;mlum for that perlod
and send notlea to the first Named Insured.
The due date for audit and retrospemive
premiums is the date shown as the due date
on the bUl. If fflie sum of the advanoe and
audit premiums paid for the policy period is
greater than the eamed premium, we mll
retum the excess to the first Named Insured,
a, Ttm fkat Named Insured must keep records of
the informal)on we need for premium
computation, and send us mplea at audi
times as we may request.
(ii Ropivbmilalluim
a. When You Accept This Poliay
By acoepting this poliq, you agree:
(1) The statements m the Declarations are
aCaJrate and gomplete;
(2) Those statements are based upon
representations you made to us; and
(3) We have Issued thls pollq in relmnab
upon your representafions.
b. UnlnlanUonal FaHure To Discbse Hazams
If unimentionally you should fail to disclose all
hazards relating to the oondum of your
business that OXffit at the inC@puOrl date Of
thls Coverage Pait, we ahall not deny
coverage under this Cowrage Part bemuse
of audi failure,
7. 8epamUon Oflnsureds
Fs,apt wRh reaped to the Limb of Insurance,
and any rights or duties specifically asalgned in
lhls Coverage Part to the first Named Insured,
this Inauranoe applies:
a. As tf eadx Named Insured were the only
Named Insured; and
b. Separately to eaah insured against whom
olakn Is made or "auffl' is bmught,
8. Trans%r Of Rights OF Recovery Agairmt
Others To Us
a. TmnsferOfRJghtsOFRecovery
If the krsured has r%)hts to recover all or part
of any payment, Inc(uding 8upplementary
Payments, we have made under this
Coverage Part, those rights are transferred to
us. The Insured must do noHiing after loss to
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impair them. At our request, the insured will
bring "suit" or transfer those rights to us and
help us enforce them.
,*ib. Waiver Of Rights Of Recovery (Waiver Of8ubrogation} If the insured has waived any rights of
recovery against any person or organiza(ion
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 Paf, we
will mail or deliver to the first Named Insured
shown in the Declarations written not'tce of the
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing wlll be
sufficient proof of nonce.
SECTION V - DEFINITIONS
1. "Advertisement" means the widespread public
disseminatlan of information or Images that has
the purpose of inducing the sale of goods,
products or services through:
B, (i) Radio;
(;Q Television;
(3) Blllboard;
(4) Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.
However, "advertisement" does not include:
a. The design, prinled material, information or
Images contained In, on or upon the
packaging or labeling of any goods or
p(oducts; 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 actuai or alleged
properties of asbestos and inc!udes 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
Page "18 of 2"l
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobila
equipment".
5. "Bodily injury" means physical:
a. Injury:
b. Sickness; or
(}. Disease
sustained by a person and, If arlslng out of the
above, mental anguish or death at any time.
6. "Coverage te(ritory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada:
b. )ntemational waters or airspace, but only if
the injury or damage occurs in the courss of
travel or transportation between any places
included in a. above; or
(.. All other parts of the world ff the injury or
damage arises out of:
("l) Goods or products made or sold by you in
the territory described in a. above;
(2) The ae:tivities or a person whose home is
In the territory described In B, 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'a responsibility tO pay
damages is determined in the 11nijed States of
America (including its territones and possessions),
Puerto Rico or Canada, in a 'suit" on the merits
according to the substantive law in such territory or in a settlement we agree to.
7. "Employee" includes a "leased worker".
"Employee" does not jnclude a "temporary
worker".
8. "Employment-Re1ated 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, demotlon,
Bvaluation, reassignment, discipline,
defamation, harassment, humiliation,
discrimination or malictous prosecutiorl
directed at that person.
9. "Executive officer" means a persan 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
uncontrollablB or breaks out from where ii yyB,
intended to be.
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11."lmpaked propeity' means tangible property,
other than "your produd" or "your work', Rat
oannot be used or is less useful because:
a. It inoorporates "your produd" or "your work"
Hiat is known or thought to be defedivei
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of g
wmnact or agreement;
If suoh property aan be restored to use by the
repair, replgement, adjustment or removal of
"your produd' or "your work", or yourAi)fil!ing the
temis ofthe ctoragreement.
12."Insured aontmr.t" means:
a. A oontraat tr a kiaae of premises, However,
that portion of the wntrad for a )ease of
premises that indemnifies any person or
organlzaUon for damage by flre, lightning or
explosion to premlsea whlle rented to you or
temporarlly oaoupled by you mth parmbsion
of the owner Is subjeot to the Damage to
Premises Rented To You Llmlt desorlbed in
Section fil - Limb of Insuranoe;
b. A sidetrad< agreement;
c. Any easement or Ik,ense agreement,
Includlng an easement or Ik'ense agreement
In oonnsdion with construmion or demollllon
operations on orJhln 50feetofa railroad;
d. An obligation, as required by ordinance, to
Indemnify a munlclpal§, exact in mnnedion
wlUi work for a munlcipallty;
e. An elevator maintenance agreement;
f. That part df any other contract or agreement
pemlnlng to your business (induding an
Indemnlflmtlon of a munl$alRy in connedion
wtth work performed for a munldpality) under
whldi you aasume the tart (iabiHty of another
party to pay ir "bodlly injury' or "pmperty
damage" to a third person or orgamat!on,
provlded the '!xidlly injury" or "pmperty
damage" is mused, in whole or in part, by
you or by those aoting on your behalf. Tort
HabilXy means a liability that would be
Imposed by law in the absenoe of any
COnb'act Or agreement,
Paragraph f. indudea that pad of any conbam
or agreement that Indemnifies a rai)mad for
'bodily lnJury" or "pmperty damage" ariaing
out of oonstructkin or demolition opematlona,
within 50 feet of any railroad property and
affaating any railmad bridge or trestle, tradts,
road-beds, tunnel, underpass or arosskig.
However, Paragraph f. does not inolude that
part of any contrad or agreement:
(1) That Indemnffles an archlteal, enghieer or
surveyor for kiJury or damage arising out
Of:
Hfi00lOal6
(a) Preparlng, appmvlng, or failing to
prepare or approve, maps, shop
drawings, opinions. reportri, surveys,
field orders, change orders or drawings
and speThfiaalions; or
(b) Glvlng dlredlons or instrugUons, or
%lling to give them, H that Is the
prknary cause of the blJury or damage;
or
(2} Under whidi the insured, if an ardihat,
mgineer or surveyor, assumes liability f@7
m iiu7 or damage gislng out of %
asurds rendering or falliue to render
pYda"f':iOnal aai4cCla, indudkTg thOae mted
in ('l) above and supenrisory, inspedon,
athitectumorenglneerlng ad'vffliea,
13."Leased worker' means a person leased to you
by a labor leaslng firm under a agreement
between you and the labor leaskig *m, to
perform duaes related to the condud of your
business. "Leased worker" does not include a
" €emporary viorker'.
14."Loadlng or unloadlng" mean!i the handling of
property:
a. After h is moved from the place where It 13
aocepted for movement into or onto gri
aircrafi, walercraftor"auki";
b. While It is In or on an alrorafl, watercraffl gr
"auto"; or
c. Whlle It Is being moved from an aircraft,
watercrafl or 'auto" to the place where R la
finaliy delivered;
but 'loadktg or unloading" doeei not include the
movemerd of property by means of a mechanlool
device, other than a hand tmak, that is not
abohed to the akcrafl, watercrafl or 'autd'.
ffl."Mobile equipment" means any of the follng
types of land vehkilea, induding any attadied
machinery or equipment:
a. Bulldozers, farm maahinery, forklas and other
vehlales designed for use prlm,ipaHy off pubffc
roads;
b. Vehio!ea maintalned for use solely on or next
to prermses you own or rent;
c. Vehk,leslhattrahloncramertreade;
d. Vehloles, whether sellpropelled or not,
ma?ntained primartly to provlda mobiuty ki
permanently mounted:
(1) Power ganes, shovels, loaders, diggers or
drills; or
(2) Road constnuellon or reaurfaThng
equipment such as graders, scrapers or
rolters;
e. Vehk:lee not degribad in a., b.* c. or d. above
that are not self-propelfed and are maintained
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attached equipment of the tllowing types:
(1} Air compressors, pumps and generators,
Inaludlng spraymg, welding, building
c!eanirig, geophyslaal exploration, lighting
and we)l servlalng equlpmerd; or
42) Cherry pld<srs and similar deviws used to
raise or lower workera;
f. Vahidesnotdesaribedina.,b.,c,ord.above
malntalned prknadly for purposes other than
the transportation of persons or cargo,
However, ae)f-pmpelled vehkiles m €h the
following types of permanently attached
equipment are not "rnoblle equipment" but wlll
be eonsidered "autos":
('I) Equipmentdesigriedprimarilyfor:
(a) 8now removal;
4b) Road malntanance, but not
oonstrudlon or resurfaaing: or
(O) Street deanlng;
(2) Charm pk*ers and shnllar devk,es
mounted on automobile or truck chassls
and used to raise or lower workersa. and
(3) Ah' mmpressora, pumps and generators,
includlng sprayig, we)dlng, bullding
deaning, geophysical explordon, tlghfing
and well smvidng equipment,
However, "moblle equipment" does not Indude
any land vehicle that Is subjem to a mmpulsory
or financial responslbllity law or other motor
vehml* insurance ffiw where it is Iloensed or
principally garaged. Land vehk,les subjed ki a
oompulaory or finariaial responsibility law or other
motor vehlale insurance law are aynsldered
"autos"i
'ffl."Occurrence" means an aoakfent, Indudng
oontinuous or repeated exposure to aubstantiaHy
the same gerieral harmful mnaions,
l7."Personal and adverUslng injury' means
injury, including msequen €1al "bodily injury",
arising out of one or more of the folk+wing
offenses:
a. False arrest, detention or imprmonment;
b. Malidous proseaitlon;
c. The wrongful evidion from, wrorigful entry
into, or Jnvasion of the rigtd of :ivate
oooupancy of a mom, dwelling or pmmises
that a person or organization ooauptes,
mrOmiUed by or on behalf of Its owrier,
landlord or lessor;
d. Oral, written or ehsctmn!a pubUcaUon, in any
manner, of materlal that slanders or libels a
person or organizatlon or disparages a
persori's 01' organization's goods, products or
gentiana: