Victorville City Council
May 20, 2025

Attachment A
Construction Agreement
1 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

CONSTRUCTION AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND
APPLE VALLEY COMMUNICATIONS, INC.

FOR

SCADA SITE ALARMS
PROJECT # ESC25-100
T
HIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this _______ day of ______________, 2025, for reference purpose only , is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California hereinafter referred to as the “District” , and Apple Valley Communications, Inc., a California corporation hereinafter referred to as the “Contractor”.

The District and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RE
CITALS:

W
HEREAS the District requires SCADA Site Alarms, Project ESC25-100 (the “Project”); and
W
HEREAS, in light of the facts set forth above, the District desires to retain Contractor in connection with SCADA Site Alarms; and
N

OW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
T
he Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.

Section 2. TERM OF AGREEMENT
Thi
s Agreement shall commence within Fifteen (15) Calendar Days after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project Ninety (90) Calendar Days after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.

Section 3. TERMINATION OR SUSPENSION
a. Thi
s Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30)
d
ays advance written notice of s uch termination or suspension. In the event of suc h Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 2 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100 termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This
Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.

Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .

Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:

1. This
Agreement.

2. Exhibits A & B.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.

Section 5. CONTRACTOR’S OBLIGATIONS
Cont
ractor shall complete the Project as specifically set forth in the Contract Documents.

Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.

Section 6. COMPENSATION
The Contractor agrees to receive and acc ept the following amount, not to exceed Thirty One Thousand Six Hundred Fifty-three and 52/100 Dollars ($31,653.52), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the District, and for all ris ks of every des cription connected with the work, all expenses incurred by or in consequenc e of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the s atisfaction of Doug Mathews, Director of Public Works and Water, o r his designee, to wit: See Exhibit “A”, Scope of Work.

Section 7. BID PROPOSAL FORMS
The Dist
rict shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated her ein by this reference as though set forth in full, subject to approval of the District, when applicable.

Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 3 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

Section 8. PREVAILING WAGES

a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the DISTRICT has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. C opies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at
http://www.dir.ca.gov/DLSR/PWD. Contractor and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, SCADA Site Alarms, and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq .; Labor Code Section 1810 et seq .; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.

b. Designation as Contractor Not Determinative. For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Contractor.

c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Section.

d. Payroll Records. Contractor and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq . (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.

(1) Contractor and Subcontractor Obligations. Contractor and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

(a) The information contained in the payroll record is true and correct; and Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 4 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

(b) Contractor or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.

(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the DISTRICT, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.

(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Contractor or subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten- day period, Contractor or subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.

(4) Payment of Invoices . Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to t he DISTRICT. Payment of the invoice may be delayed when payroll -related documents and/or lien releases are not included with the invoice.

e. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.

f. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.

g. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its subcontractors.

h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:

(1) Pursuant to Labor Code section 1775, the Contractor and any subcontractor under it shall forfeit as a penalty to the DISTRICT not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 5 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

(2) Pursuant to Labor Code Section 1813, Contractor or subcontractor shall, as a penalty to the DISTRICT, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.

i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR.

j. DIR Registration . Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.

Section 9. W ORKERS’ COMPENSATION INSURANCE

Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contract or is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the District.

In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.

Section 10. NOTICE TO PROCEED

No work, service, material, or equipment shall be performed or f urnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the District .

Contractor shall commence work pursuant to the Contract Documents as directed by the District in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.

Section 11. COMPLIANCE WITH LAWS

Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 6 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.

Section 12. COMMERCIAL GENERAL, AUTOMOBILE AND POLLUTION

LIABILITY INSURANCE

Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.

Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Lim it, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.

Section 13. INSTALLATION FLOATER

“Installation Floater” coverage with limits sufficient to ensure the full replacement value of any property of equipment stored either on or off the project site that provides property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the contract work, including during transit, installation, and testing at the project site. Such coverage shall name the City as a loss payee as its interest may appear.

Section 14. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the District, the City of Victorville and t heir officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the District’s Attorney, are named as Additional Insureds.

Section 15. WAIVER OF SUBROGATION RIGHTS

Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the District , the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO

COMMENCEMENT OF SERVICES

a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the District Secretary certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.

Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 7 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.

c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the District of such termination or expiration.

d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.

e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the District, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”

Section 17. TIME OF THE ESSENCE

Time is of the essence in the performance of this Agreement.

Section 18. INDEMNIFICATION

Notwithstanding the limits of any insurance, Contractor shall indemnify the District , its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the District its officials, officers, agents, volunteers or employees, and in connection therewith:

a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;

b. Contractor will promptly pay any judgment rendered against the District , its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the District , its officials, volunteers, officers, agents, and employees harmless there from;
Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 8 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

c. In the event the District , its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the District , its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the District , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to District;

d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;

The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from al l subcontractors.

Section 19. REPORTS

Upon request by Doug Mathews, Director of Public Works and Water , or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.

Section 20. RECORDS

a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works and Water, or his designee, to evaluate the cost and the performance of such services.

b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.

c. Doug Mathews, Director of Public Works and Water , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to Doug Mathews, Director of Public Works and Water, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 9 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

Section 21. MODIFICATIONS AND AMENDMENTS

This Agreement may be modified or amended only by a written instrument signed by both Parties.

Section 22. ENTIRE AGREEMENT

a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Contractor with respect to the subject matter of this Agreement.

b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.

c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

Section 23. AMBIGUITIES

This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Notwithstanding the foregoing, the Parties agree that Exhibit “ B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between t he terms of this Construction Agreement and Exhibit “ B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.

Section 24. NOTICES

a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the District: Doug Mathews, Director of Public Works and Water Victorville Water District
14343 Civic Drive
Victorville, CA 92392

To Contractor: Gab Lovato, President
Apple Valley Communications, Inc.
21845 Hwy 18
Apple Valley, CA 92307

Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 10 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 25. NON-LIABILITY OF DISTRICT OFFICERS AND EMPLOYEES

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

Section 26. REVIEW BY ATTORNEYS

Each Party hereto has had its attorneys review this Agreement and all rel ated documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.

Section 27. CARE OF WORK

C ontractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the District, except those losses or damages as may be caused by the District’s own negligence. The performance of the work by Contractor or the payment of money by the District shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the District, when such inaccuracies are due to the negligence of Contractor

Section 28. CAPTIONS AND HEADINGS

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 29. SUCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties . This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the District, which may be withheld in the District ’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.

Section 30. GENDER; PLURAL

In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 11 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

Section 31. SEVERABILITY

If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 32. GOVERNING LAW

The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 33. CUMULATIVE REMEDIES

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

Section 34. VENUE

All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 35. ATTORNEY'S FEES

Should any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

Section 36. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the District, until signed by the authorized representative(s) of Consultant, approved by the District ’s Risk Manager, and executed by the authorized District personnel or Mayor.

Section 37. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.

Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 12 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100 b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 38. COUNTERPARTS
Thi
s Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (

END OF THIS PAGE)
Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 13 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

VICTORVILLE WATER DISTRICT APPLE VALLEY COMMUNICATIONS, INC.

By: _
________________________________ By: __________________________________ G abe Lovato, Elizabeth Becerra,
District Chairman President
Dated: ______________________________ Dated: ______________________________ By: ________________________________
Sandra Bostick,
District Risk Manager
Dated: _____________________________

APPROVED AS TO STANDARD FORM
By: ________________________________
Dated: _____________________________
Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 3/25/2025 | 11:53 AM PDT
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 4/17/2025 | 3:34 PM PDT
Andre de Bortnowsky,
District Legal Counsel
4/17/2025 | 3:45 PM PDT
Attest
By: _________________________________
Jennifer Thompson, City Clerk
Dated: ______________________________
14 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

EXHIBIT A

SCOPE OF WORK

• Install Alarm Systems at 5 Water District locations (Amethyst Booster Pump Station, Wells 138, 140, 141 and White Road Booster Pump Station)
o All labor to be paid at Prevailing Wage
o All conduit to be OCAL type rigid metallic conduit
o Install keypads, wireless sensors and receivers, siren/strobes, control panels, wireless transmitters, motion detectors, etc; as required for a fully functional, remotely monitored alarm system

Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 15 Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100

EXHIBIT B
B

ID PROPOSAL FORMS
S
ee Attachment
Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 2/5/2025
For :

Security System
Project Site:

Attn: Jason WillisCITY

OF VICTORVILLE
Well Security System Projects14343 CIVIC DRIVE
VICTORVILLE, CA 92392
Tel: 760-955-5000
APPLE VALLEY COMMUNICATIONS Inc.
21845 HWY 18 APPLE VALLEY, CA 92307
760-247-2668 Fx 760-247-0087
DIR # 1000002294
Project Number: 40273

CA, CONTRACT
OR # 542642 C7/C10
ALARM LICENSE # ACO 3056
ExtendedUnit PriceDescriptionQtyMfr-Part No.

THANK YOU FOR CHOOSING

APPLE VALLEY COMMUNICATIONS
Scope of Work:

Install Security Systems at 5 different locations with monitoring through a Wireless Communicator. This quote covers all the metallic rigid conduit, straps, and labor.
*
The monthly monitoring is $40 per month. The contracts are for 36 months.
*
This Bid is quoted at PREVAILING WAGE
10573 White Rd. Victorville, Ca
Honeywell VISTA-20P VISTA 48-Zone Security1
Waterproof Stainless Steel Box1
Wireless Communicator1
Honeywell 6160RF Deluxe Custom Alpha Keypad with
Integrated
1 Honeywell 5816OD Wireless Outdoor Contact/Transmitter3 Honeywell 5800PIR-OD2 Outdoor Wireless Motion Detector1 Misc. Material1
Sub Contractor - Conduit, Conduit straps, etc)
Installation/Programming/Testing
4,879.08
11734 Amethyst Rd. Victoria, Ca
Honeywell VISTA-20P VISTA 48-Zone Security1
Waterproof Stainless Steel Box1
2/5/2025 Page 1 of 3APPLE VALLEY COMMUNICATIONS Inc. Project: 40273 EXHIBIT B, BID PROPOSAL FORM, PROJECT ESC25-100
16/Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100 Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF ExtendedUnit PriceDescriptionQtyMfr-Part No.

Wireless Communicator1
Honeywell 6160RF Deluxe Custom
Alpha Keypad with
Integrated
1 Honeywell 5816OD Wireless Outdoor Contact/Transmitter9 Honeywell 958 Overhead Door Magnetic Contact Sensor3
Honeywell 5800PIR-OD2 Outdoor Wireless Motion Detector2 Misc. Material1
Sub Contractor - Conduit, Conduit straps, etc)
Installation/Programming/Testing
6,326.42
13694 Amethyst Rd. Victorville, Ca
Honeywell VISTA-20P VISTA 48-Zone Security1
Waterproof Stainless Steel Box1
Wireless Communicator1
Honeywell 6160RF Deluxe Custom Alpha Keypad with
Integrated
1 Honeywell 5816OD Wireless Outdoor Contact/Transmitter4 Honeywell 958 Overhead Door Magnetic Contact Sensor1
Honeywell 5800PIR-OD2 Outdoor Wireless Motion Detector3 Misc. Material1
Sub Contractor - Conduit, Conduit straps, etc)
Installation/Programming/Testing
6,036.33
14778 Mesa Dr. Victorville, Ca
Honeywell VISTA-20P VISTA 48-Zone Security1
Waterproof Stainless Steel Box1
Wireless Communicator1
Honeywell 6160RF Deluxe Custom Alpha Keypad with
Integrated
1 Honeywell 5816OD Wireless Outdoor Contact/Transmitter4 Honeywell 958 Overhead Door Magnetic Contact Sensor1
Honeywell 5800PIR-OD2 Outdoor Wireless Motion Detector3 Misc. Material1
Sub Contractor - Conduit, Conduit straps, etc)
Installation/Programming/Testing
6,036.33
11546 Pinon Ave. Victorville, Ca
Honeywell VISTA-20P VISTA 48-Zone Security1
Waterproof Stainless Steel Box1
Wireless Communicator1
Honeywell 6160RF Deluxe Custom Alpha Keypad with
Integrated
1 2/5/2025 Page 2 of 3APPLE VALLEY COMMUNICATIONS Inc. Project: 40273 EXHIBIT B, BID PROPOSAL FORM, PROJECT ESC25-100
17/Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100 Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF ExtendedUnit PriceDescriptionQtyMfr-Part No.

Honeywell 6160 32-Character
Alpha Display Keypad for
VISTA
1 Honeywell 5816OD Wireless Outdoor Contact/Transmitter4 Honeywell 958 Overhead Door Magnetic Contact Sensor1
Honeywell 5800PIR-OD2 Outdoor Wireless Motion Detector3 Misc. Material1
Sub Contractor - Conduit, Conduit straps, etc)
Installation/Programming/Testing
7,716.60
Client Signature: ___________________________________ Date: ___________ $31,653.52 $658.76 C
A Sales Tax
Project Total:

This is Valid for 30 Days.

Arsalee Morales, Sales
Does not Include Permits, Bonds, Special Insurance Requests, Waiver of Subrogation, Primary and Non-Contributory Wording or Omnibus Wording.
2/5/2025 Page 3 of 3APPLE VALLEY COMMUNICATIONS Inc. Project: 40273 EXHIBIT B, BID PROPOSAL FORM, PROJECT ESC25-100
18/Construction Agreement/Apple Valley Communications, Inc./Project ESC25-100 Docusign Envelope ID: 2738AA77-E450-4627-9E5E-B07F07BEC3A2 Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF

INSURANCE

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 08/22/2024
ARMAC Insurance Agency, Inc
17177 Yuma Street
Victorville CA 92395
Tami Pickens
(760) 241-7900 (760) 241-1467
[email protected]
Apple Valley Communications, Inc. & AVcom Services, Inc.

PO Box 787
Lic # 542642
Apple Valley CA 92307
Philadelphia Indemnity Insurance Co 18058
HDI Specialty Insurance Company 16131
Insurance Company of the West 27847
CL2482121077
A Y PHPK2572758 08/23/2024 07/01/2025
1,000,000
100,000
5,000
1,000,000
5,000,000
5,000,000
B Y HFM00210-00 08/23/2024 08/23/2025
1,000,000
Uninsured/Underinsured
Motorist BI
1,000,000
A
10,000
PHUB870946 08/23/2024 07/01/2025
5,000,000
5,000,000
C Y WSD 5024065 11 07/01/2024 07/01/2025
1,000,000
1,000,000
1,000,000
A
Professional Liability
PHPK2572758 08/23/2024 07/01/2025
Per occurrence 1,000,000,
Aggregate 5,000,000
City of Victorville, its elected and appointed officials, officiers, agents, employees, volunteers are hereby named as additional insured on the General Liability policy per attached endorsement.

Primary and Non-Contributory wording applies to the General Liability policy per attached endorsement.

Additional insured status also applies to the Commercial Auto policy.

City of Victorville
14343 Civic Dr.

Victorville CA 92392

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 00026482
ARMAC Insurance Agency, Inc
25 Certificate of Liability Insurance
Waiver of subrogation applies to the Workers' Compensation policy per attached endorsement.

ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF AVC Alarm & Systems Doing Business As
Additional Named Insureds
Other Named Insureds
OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF Professional Liability PROF
1,000,000
Medical payments MEDPM
5,000
General Aggregate GENAG
8,000,000 10,000
Advertising/Injury Exclusion MCADX
8,000,000
Each Occurence
8,000,000 10,000
Products Completed Operations
8,000,000 10,000
Experience Mod Factor 1 EXP01
$24,143.00
Deductible Mod Factor DEDFC
State surcharge 1 STSR1
$3,642.00
Premium discount PDIS
-$11,663.00
Rate Modification Factor RMF
-$73,452.00

ADDITIONAL COVERAGES
Ref # Description Edition DateForm No.Coverage Code
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Copyright 2001, AMS Services, Inc.OFADTLCV
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF COMMERCIAL AUTOCA 04 50 11 16THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 04 50 11 16 © Insurance Services Office, Inc., 2016Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Other Insurance Condition in the Business Auto and Garage Coverage Forms and the Other Insurance – Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1 . Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:
1 . The insurance afforded to such additional
insured only applies to t he extent permitted by
law; and
2 . If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, th e following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1 . All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2 . That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

PHPK2572758
Various locations required by contractBlanket Additional Insured As Required by Written Contract
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF

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

If coverage provided to the additional insured i s
requi
red by a contract or agreement, the most w e
will
pay on behalf of the additional insured is t he
amount of insurance:
1 . Required by the contract or agreement; or
2 . Available under the applicable Limits o f
Insurance shown in the
Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GL-016 (09/15)
PI-GL-016 (09/15)

Includes copyrighted material of Insurance Services Office, Inc., with permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization who is an owner, lessee or contractor, but only with respect to liability for “bodily injury” or
“property damage” caused, in whole or in part, by “your work” performed for that additional insured and included in the “products-completed operations hazard”.

However:

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

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

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

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

1. Required by the contract or agreement; or

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

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

Policy # PHPK2572758
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY DELUXE ENDORSEMENT:

SECURITY SERVICES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for these extensions are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage Applicable Limit of Insurance Page #
Damage to Premises Rented to You $1,000,000 2
Watercraft Used in Security
Services only
2 Medical Payments $20,000 2
Medical Payments – Extended Reporting Period 3 years 2
Supplementary Payments – Bail Bonds $2,500 3
Supplementary Payments – Loss of Earnings $500 per day 3 Employee Indemnification Defense Coverage for Employees $15,000 3 Additional Insured – Broadened Named Insured Included 3 Additional Insured – Managers and Supervisors Included 3 Additional Insured – Managers, Landlords, or Lessors of Premises
Included 3
Additional Insured – Lessors of Leased Equipment – Automatic Status When Required in Lease Agreement With You
Included 4
Additional Insured – Grantors of Permits Included 4
Additional Insured – Blanket Additional Insureds by Contract Included 4 Limited Rental Lease Agreement Contractual Liability $50,000 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Duties in the Event of Occurrence, Offense, Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 6
Liberalization Included 6
Bodily Injury – Mental Anguish Included 6
Assault and Battery Coverage with Extended Property Damage Included 6 Errors and Omissions Coverage Included 7
Incidental Medical Malpractice Included 9
Policy #: PHPK2572758
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

A. Damage to Premises Rented to You

1. If damage by fire to premises rented to you is not otherwise e xcluded from this Coverage Part, the word fire is changed to fi re, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in:
a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY , Subsection 2. Exclusions;
b. SECTION III – LIMITS OF INSURANCE , Paragraph 6.; and c. SECTION V – DEFINITIONS , Paragraph 9.a.

2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words fire insurance are cha nged to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS , Subsection 4. Other Insurance, Paragraph b. Excess Insurance .

3. The Damage To Premises Rented T o You Limit section of the Declarations is amended to the greater of:
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.

This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leak s from automatic fire protective systems or any combination thereof.

B. Watercraft
SECTION I – COVERAGES , COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY , Subsection 2. Exclusions, Paragraph g. Aircraft, Auto Or Watercraft does not apply to security services performed on or about watercraft.

C. Medical Payments – Limit Increased, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:

1. The Medical Expense Limit is changed subject to all of the ter ms of SECTION III – LIMITS OF INSURANCE to the greater of:
a. $20,000; or
b. The Medical Expense Limit shown in the Declarations of this Co verage Part.

2. Under SECTION I – COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 1.

Insuring Agreement , Paragraph a., Item (b) is amended to read:

provided that:
(b) The expenses are incurred and reported to us within three years of the date of the accident; and
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

D. Supplementary Payments
I n t h e SUPPLEMENTARY PAYMENTS – COVERAGES A AND B provision, Items 1.b. and 1.d. are amended as follows:

1. The limit for the cost of bail bonds is changed from $250 to $2,500; and

2. The limit for loss of earnings is changed from $250 a day to $500 a day.

E. Employee Indemnification Defense Coverage
I n t h e SUPPLEMENTARY PAYMENTS – COVERAGES A AND B provision, the following is added:

We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding.

The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $15,000 regardless of the numbers of “employees,” claims or “suits” brought or persons or organizations making claims or bringing “suits.”
F. Who is an Insured
SECTION II – WHO IS AN INSURED is amended as follows:

1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read:
a. Coverage under this provision is afforded until the end of the policy period;

2. Each of the following is also an insured:
a. Broadened Named Insured – Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Decl arations as Named Insured, if they are also insured under another similar policy, but for i ts termination or the exhaustion of its limits of insurance.
b. Managers and Supervisors – If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors.
c. Managers, Landlords, or Lessors of Premises – Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional e xclusions:

This insurance does not apply to:
(1) Any “occurrence” which takes place after you cease to be a tena n t i n t h a t premises; or
(2) Structural alterations, new c onstruction or demolition operations performed by or on behalf of that person or organization.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. d. Lessors of Leased Equipment – Automatic Status When Required in Lease Agreement With You – Any person or organization from whom you lease equipment when you and such person or organization have agre ed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.

A person’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equi pment ends.

With respect to the insurance a fforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipmen t lease expires. e. Grantors of Permits – Any state or political subdivision granting you a permit in connection with your premise s subject to the following additional provision:
(1) This insurance applies only with respect to the following haza rds for which the state or political subdivision has i ssued a permit in connection with the premises you own, rent or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, drivew ays, manholes, marquees, hoist away openings, s idewalk vaults, street banners or decorations and similar exposures;
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. f. Blanket Additional Insureds by Contract – Any person or organization for whom you are performing operations when you and such person or organizatio n have agreed in writing in a contract or agreement that such person or organization be add ed as an additional insured on your policy. Such person or o rganization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and adver tising injury" caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf; in the performance of your ongoi ng operations for the additional insured.

A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed.

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

This insurance does not apply to:
(1) "Bodily injury," "property damage" or "personal and advertisin g injury" arising out of the rendering of, or the failure to render, any professional arch itectural, engineering or surveying services, including:

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (a) The preparing, approving, or failing to prepare or approve, ma ps, shop drawings, opinions, reports, surveys, field orders, change orders or d rawings and specifications; o r
(b) Supervisory, inspection, architectural or engineering activiti es. (2) "Bodily injury" or "property damage" occurring after:
(a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
(b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an other contractor or subcontractor engaged in perf orming operations for a principal as a part of the same p r o j e c t .

G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability:
(3) Based on the named insured’s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or ag reement regarding the rental or lease of a premises on behalf of their client, up to $50,0 00.

This coverage extension only applies to rental lease agreements. This coverage is excess over any renter’s liability insurance of the client.

H. Transfer of Rights of Recovery Against Others To Us
As a clarification, the following is added to SECTION IV – COMMERCIAL GENERAL LIABLITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us:

Therefore, the insured can waive the insurer’s rights of reco very prior to the occurrence of a loss, provided the waiver is made in a written contract.

I. Duties in the Event of Occurrence, Offense, Claim or Suit

1. When you report an "occurrence" (coverage for which is provided by this policy) to your compensation insurance carrier , and this "occurrence" later develops into a liability claim, failure to report such "occurrence" to us at the time of such "occurrence" shall not be deemed in violation of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2.

Duties in the Event of Occurrence, Offense, Claim or Suit .

This is upon the distinct understanding and agreement however , that you, the insured, as soon as made aware that this particular "occurrence" is a liability c ase, rather than a compensation case shall give us notification immediately.
2 . The requirement in Condition 2.a. of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an “occurrence” or an offense, applies only when the “occurrence” or offense is known to:

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An "executive officer" or insur ance manager, if you are a corporation.

3. The requirement in Condition 2.b. of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or “suit” as soon as practicable will not be considered breached unless the breach occurs after such claim or “suit” is k n o w n t o :
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An "executive officer" or insur ance manager, if you are a corporation.

J. Unintentional Failure To Disclose Hazards
It is agreed that, based on our reliance upon your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.

K. Liberalization
If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.

L. Bodily Injury – Mental Anguish
SECTION V – DEFINITIONS, Paragraph 3. is changed to read:
“Bodily injury”:
a. Means bodily injury, sickness or disease sustained by a person , and includes mental anguish resulting from any of these; and
b. Except for mental anguish, include s death resulting from the foregoing (Item a. above) at any time.

M. Assault and Battery with Extended Property Damage
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY , Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:
a. Expected or Intended Injury
“Bodily injury” or “property dam age” expected or intended from the standpoint of the insured.

This exclusion does not apply to:

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) “Bodily injury” or "property damage" resulting from the use of physical force to protect persons or property; or
(2) Allegations of vicarious liability on the part of a Named Insured arising solely from the acts of your “employees.” However, acts of your “employees” shall not include theft.

N. Errors and Omissions Coverage

1. SECTION I – COVERAGES , COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following:

ERRORS AND OMISSIONS
This insurance applies to negligent acts, errors or omissions committed by you relating to your services described in the Declarations.

2. SECTION I – COVERAGES , COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following:

ERRORS AND OMISSIONS
The insurance that applies to “personal injury” includes negligent acts, errors or omissions committed by you relating to your services described in the Declarations.

3. SECTION I – COVERAGES is amended by adding the following:

COVERAGE D – ERRORS AND OMISSIONS LIABILITY
a. Insuring Agreement
( 1 ) We will pay those sums that the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relating to your services described in the Declarations. However , we will have no duty to defend the insured against any “suit” seeking damages for errors or omissions committed by the ins ured to which the insurance does not apply. We will have the right and duty to defend any “suit” seeking those damages. We may, at our discretion, investigate any c laim or “suit” that may result. But:
( a ) The amount we will pay for damages is limited as described in SECTION III – LIMITS OF INSURANCE ; and
(b) Our right and duty to defend ends when we have used up the app licable limit of i n s u r a n c e i n t h e p a y m e n t o f j u d g m e n t s o r s e t t l e m e n t s u n d e r Coverages A, B, or D, o r m e d i c a l e x p e n s e s u n d e r C o v e r a g e C.

No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS – COVERAGES A, B, AND D.
(2) This insurance applies only if the error or omission occurs during the policy period. b. Exclusions
This insurance does not apply to:

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) “Bodily injury” or “property damage”;
(2) "Personal and advertising injury";
(3) Intentional injury, nor injury arising out of willful violatio n of a penal statute or ordinance, committed by or with the knowledge or consent of the insured; (4) Any claim seeking relief or redress in any form other than mon etary damages; (5) Any claim arising out of any insured’s activities, or as a fiduciary, under the Employment Retirement Income Security Act of 1974, any amendments or an y regulation or order issued thereto;
(6) Any claim arising from warrantie s or guarantees made by any insured; (7) Liability assumed by the insured under any contract or agreeme nt. This exclusion does not apply to liability for damages:
(a) That the insured would have in the absence of the contract or agreement; or (b) Assumed in a contract or agreement that is an insured contract ; (8) Liability arising from any fraudulent, dishonest, or criminal act of any insured; (9) Liability arising from a claim made by a parent or subsidiary organization of the insured or another subsidiary organization of such parent or other subsi diary, nor any officer, director or “employee” of any of the above; and
(10) Any claim alleging, arising out of, resulting from, based upon or in consequence of, directly or indirectly, any employment practices or any discrimination against any person or entity on any basis; additionally, any actual or alleged violation of the Fair Labor Standards Act or any similar law or regulation applicable to the payment of wages or overtime.
(11) Liability arising directly or indirectly out of any action, error or omission that violates or is alleged to violate:
(a) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law;
(b) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (c) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (d) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.

c. SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS – COVERAGES A, B, AND D
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. d. SECTION III – LIMITS OF INSURANCE is amended as follows:
(1) Item 2. is replaced by the following:

2. The General Aggregate Limit is the most we will pay for the su m of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of “bodily injury” or “property damage” included in the “products-completed operati ons hazard”; c. Damages under Coverage B; and
d. Damages under Coverage D.
(2) Item 5. is replaced by the following:

5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C,
because of all “bodily injury” and “property damage” arising out of any one “occurrence”; and
c. Damages under Coverage D.
e. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS , Paragraph 4 .

Other Insurance is amended as follows:
(1) The first paragraph is replaced by the following:

If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B, or D of this Coverage Part, our obligations are limited as follows:
(2) Paragraph b. Excess Insurance, Item (2) is replaced by the following:

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

O. Incidental Medical Malpractice
We will pay for injury arising out of the rendering of or failure to render the following treatment or services by an “employee” for an accident occurring during the policy period:

1. First aid treatment including cardiopulmonary resuscitation (CPR); and Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2 . Medical, surgical, dental, x-ray, or nursing service or treatment, or the furnishing of food or beverages in connection therew ith; and the furnishing or dispensing of drugs, or medical, dental, or surgical supplies or appliances.

However, this coverage does not apply to any insured or to any entity engaged in the business or occupation of providing the services or treatments described i n 1. and 2. above.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF

INSURED

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

Insured Premium$
Insurance Company
Countersigned By
07/01/2024 Policy No. WSD5024065 11

INSURANCE COMPANY OF THE WEST
APPLE VALLEY COMMUNICATIONS INCL.

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

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

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

Schedule
Person or Organization Job Description
3 ANY PERSON / ORG ALL CA OPERATIONS

WHEN REQUIRED BY

WRITTEN CONTRACT
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GL-005 (07/12)
Page of
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED

PRIMARY AND NON-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Effective Date: 08/23/2024
Name of Person or Organization (Additional Insured):

Blanket where required by written contract
SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule.

This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization.

This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured.

The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE.

All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged.
11 Policy # PHPK2572758
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF POLICY NUMBER: HFM00210-00
FAIRMATI C"
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - SCHEDULED
This endorsement modifies insurance provided under the following :

BUSINESS AUTO COVERAGE FORM
Named Insured: Apple Valley Communications Inc
Endorsement Effective Date: 08/23/2024

SCHEDULE
Name of Additional Insured Entity(ies):

Any Person or Organization where required by Federal, State or local regulation, ordinance or statute, or where required by written contract, provided the requirement occurs prior to the "accident".

A. Section II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended to include as an additional insured the organization(s) shown in the SCHEDULE, but only with respect to their liability for "bodily injury" or "property damage" to which this insurance applies, caused in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf; and caused by an "accident" resulting from the ownership, maintenance or use of a covered "auto". However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law; and
b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by contract or agreement to provide such additional insured.

B. Section II - COVERED AUTO LIABILITY COVERAGE, C. Limit of Insurance is amended to add the following:

With respect to the insurance afforded to the additional insureds shown in the SCHEDULE, the following is added:

FM-662-A-CW 02 2018 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF POLICY NUMBER: HFM00210-00
FAIRMATI C"
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

The most we will pay on behalf of the additional insured shown in the SCHEDULE is the amount of insurance :

1. Required by the contract or agreement you have entered into with the additional insured; or

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

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

FM-662-A-CW 02 2018 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF COMMERCIAL AUTOCA 04 43 12 23THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 04 43 12 23© Insurance Services Office, Inc., 2022 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY–AGAINST OTHERS TO US (WAIVER OF SUBROGATION) AUTOMATIC WHEN REQUIRED BY WRITTENCONTRACT OR AGREEMENTThis endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORMBUSINESS AUTO COVERAGE FORMMOTOR CARRIER COVERAGE FORMWith respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or organization(s) for whom you are required to waive subrogation with respect to the coverage provided under this Coverage Form, but only to the extent that subrogation is waived:A.Under a written contract or agreement with such person(s) or organization(s); andB.Prior to the "accident" or the "loss".

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 10/20/2023
ARMAC Insurance Agency, Inc
17177 Yuma Street
Victorville CA 92395
Tami Pickens
(760) 241-7900 (760) 241-1467
[email protected]
00026482
Apple Valley Communications, Inc. & AVcom Services, Inc.

PO Box 787
Lic # 542642
Apple Valley CA 92307
Zurich American Insurance Company 16535
CP23102003363
Loc# 00001: 16902 First Street Victorville CA 92392
A
Special Form
Builder's Risk
ER74207673
10/18/2023 04/18/2024
Coverage Limit 1,324.000
Job Site:

Wellness Center
16902 First Street
Victorville, CA 92395
City of Victorville, its elected and appointed officials, officers, agents, employees, volunteers and Southern California Schools Risk Management are hereby named as Loss Payee per attached endorsement.

City of Victorville
14343 Civic Dr.

Victorville CA 92392
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER F :

INSURER E :

INSURER D :

NAME:

CONTACT
INSURER C :

INSURER B :
(A/C, No):

FAX
E-MAIL
ADDRESS:

CUSTOMER ID:

PRODUCER

PRODUCER
(A/C, No, Ext):

PHONE
INSURED INSURER A :

The ACORD name and logo are registered marks of ACORD
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) REVISION NUMBER:CERTIFICATE NUMBER:

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

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

COVERAGES
$$
$BOILER & MACHINERY /

EQUIPMENT BREAKDOWN
$
$
$

TYPE OF POLICY
CRIME

POLICY NUMBER
$
$
$
$

NAMED PERILS

CAUSES OF LOSS

TYPE OF POLICYINLAND MARINE
$

RENTAL VALUE

CONTENTS

BUILDING

DEDUCTIBLES
WIND
$
$
$
$
$
$
$
$
$

BLANKET BLDG & PP

BLANKET PERS PROP

BLANKET BUILDING

EXTRA EXPENSE

BUSINESS INCOME

PERSONAL PROPERTY

BUILDING
FLOOD

EARTHQUAKE

SPECIAL
BROAD
BASIC

CAUSES OF LOSS

PROPERTY

POLICY EXPIRATION

DATE (MM/DD/YYYY)

POLICY EFFECTIVE

DATE (MM/DD/YYYY)
INSR

LTR LIMITSCOVERED PROPERTYPOLICY NUMBERTYPE OF INSURANCE $$
$
SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) © 1995-2015 ACORD CORPORATION. All rights reserved.

ACORD 24 (2016/03)

AUTHORIZED REPRESENTATIVE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

CANCELLATION

CERTIFICATE OF PROPERTY INSURANCE

DATE (MM/DD/YYYY)

CERTIFICATE HOLDER
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 40946 (04-09)

Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2) Submit a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and
3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the Loss Payee.

All of the terms of the Coverage Form, which applies to the p roperty in which the Loss Payee has an interest, will then apply directly to the Loss Payee.
d. If we pay the Loss Payee for any loss or damage and deny payment to you because you have failed to comply with the terms of this Coverage Part:
1) The Loss Payee’s rights in the Covered Property will be transferred to us to the extent of the amount we pay; and
2) The Loss Payee’s rights to recover from us the full amount of the Loss Payee’s interest will not be impaired.

At our option, we may pay to the Loss Payee the whole principal on the debt plus any accrued interest. In this event, you will pay your
remaining debt to us.

3. If we cancel this policy, we will give written notice to the Loss Payee at least:
a. 10 days before the effective date or cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason.

4. If we elect to not renew this policy, we will give written notice to the Loss Pay ee at least 10 days before the expiration date of this policy.

C. CO NTRACT OF SALE

1. The Loss Payee shown in the Schedule or in the Declar ations is a person or organization with whom you have entered a contract for the sale of Covered Property.

2. For Covered Property in which both you and the Loss Payee have an insurable interest we will:
a. Adjust losses with you; and
b. Pay any claim for loss or damage jointly to you and the Loss Payee, as interest may appear.

3. The following is added to the Other Insurance Loss Condition:

For Covered Property that is subject of a contract of sale, the word “you” in cludes the Loss Payee.

All other terms, conditions, provisions and exclu sions of this policy remain the same.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF