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HomeMy WebLinkAboutESCI- ENVIROSERVICES, INC - 2001-10-23- red Professional Services Contracts Checklist for Submittal to City Clerk'&Office (Please transmit this form when your contract is ready to be filed in the City Clerk's Office) To: Connie Brockway, City Clerk x5404 PLEASE PRINT 1. Name of Contractor: ESCI EnviroServices, Inc. ATTN. Steven M. Lichten, REA, CPEA, CPP 4401 Atlantic Avenue Long Beach, CA 90807 2. Purpose of Contract: For Example: Audit Services — Fair Labor Standards Act or Water Quality Testing Huntington Lake — Huntington Central Park As part of a grant, the vendor is to review City's existing Hazardous Materials Area Plan, and develop and draft an up-to-date Hazardous Materials Area Plan that meets all requirements of the State of California Office of Emergency Services (OES). 3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's Office can inquire of your Department if the file is ready to inactivate. November 1, 2001 (NOTE. City Attorney has prepared an Amendment No. 1, but the vendor has not signed the document.) 4. Amount of Contract: $14,000 A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (Renewal/Amendment/Etc)? ❑ YESXNO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? RYES 0 N/A OR Is the attached contract a SOLE SOURCE? ❑ YES)KWA C. Did you attach a COPY of the insurance certificate and send the ORIGINAL TO RISK MANAGEMENT? RYES PLEASE INCLUDE: _Don Boland, ext. 5469 Name/Extension _Fire/Haz Mat Section Department _April 22, 2003 Date g:/forms/city clerk contract checklist.doc 0 4itcf/ o,c 3, 03 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION To: Connie Brockway, City Clerk From: Don Boland, Acting Hazardous Materials Special isflb4t�� For: Bill Hosband, Hazardous Materials Specialist Date: April 22, 2003 SUBJECT: PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY AND ESCI ENVIROSERVICES, INC. FOR PREPARATION OF A HAZARDOUS MATERIALS AREA PLAN The Fire Department Hazardous Materials Disclosure Section is the administrator of the Grant for preparation of the City's Hazardous Materials Area Plan. To meet the HMBC 3.03 criteria, the following vendors were contacted: Stephen Melvin, PE CSP @ Risk Management Professionals, Inc. 28570 Marguerite Pkwy., #112, Mission Viejo, CA 92692 (949) 347-8622 Steven M. Lichten, REA, CPEA, CPP @ ESCI EnviroServices, Inc. 4401 Atlantic Avenue #200, Long Beach, CA 90807 (562) 984-2079 Selected based on samples of previous work, cost and timeline proposal. Debra Hudson, ASP @ H2M & Associates, Santa Ana Canyon Road, Anaheim, CA 92807 (714) 628-0112 (Out of business now) Craig Ried, CSP @ Safety Solutions of Mission Viejo - business card unavailable. Craig Carter @ 7C's Safety & Environmental, Inc.17011 Beach Blvd. #900, Huntington Beach, CA 92647 (714) 848-0299 Candice Woodward, PT, CIE, CPE @ Woodward, Alpert & Associates, Inc. 1651 East Fourth Street, #234, Santa Ana, CA 92701 (714) 565-3100 The last two vendors were inexperienced in writing Area Plans, so they were not seriously considered. These consultants were originally contacted in early 2000 and we are not sure all of them are still in business. Pearl Hoftteizer, Orange County CUPA, recommended ESCI. Stephen Melvin and Steven Lichten were both members of the Orange County CAER group and the BAW - Business Advisory Work group, which should have given them the "experience." The original contract was approved in October 2001, but the copies were never distributed. Currently, we are working with Risk Management and the vendor (ESCI) to get their Certificate of Insurance up-to-date. DB/BH/cgs Attachments to the Transmittal of Contracts to City Clerk - ESCI s:Vmt\strook\contract esci.doc 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ESCI ENVIROSERVICES, INC. FOR PREPARATION OF A HAZARDOUS MATERIALS AREA PLAN Table of Contents Scopeof Services.....................................................................................................1 DesignatedContacts................................................................................................2 Timeof Performance...............................................................................................2 Compensation..........................................................................,................................3 ExtraWork...............................................................................................................3 Disposition of Plans, Estimates and Other Documents...........'................................3 HoldHarmless.........................................................................................................4 Workers' Compensation and Employers' Liability Insurance..................................4 General Liability Insurance......................................................................................5 Professional Liability Insurance...............................................................................5 Certificatesof Insurance..........................................................................................6 IndependentContractor............................................................................................7 Termination of Agreement.......................................................................................7 Assignment and Subcontracting...............................................................................7 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................8 Notices.....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement.............................................................................9 Duplicate Original...............................................9 ..................................................... . Immigration.............................................................................................................10 Legal Services Subcontracting Prohibited...............................................................10 Attorney's Fees.........................................................................................................10 Governing Law and Venue.....................................................................................10 Entirety.....................................................................................................................10 • • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ESCI ENVIROSERVICES, INC. FOR PREPARATION OF A HAZARDOUS MATERIALS AREA PLAN THIS AGREEMENT ("Agreement") is made and entered into this Z3WD day of 2001, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("CITY"), and ESCI ENVIROSERVICES, INC., a California corporation, ("CONSULTANT"). WHEREAS, CITY desires to engage the services of a consultant to prepare a Hazardous Materials Area Plan for CITY as required by California Health and Safety Code § 25503; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: SCOPE OF SERVICES CONSULTANT shall review CITY's existing Hazardous Materials Area Plan, and develop and draft an up-to-date Hazardous Materials Area Plan that meets all requirements of the State of California Office of Emergency Services ("OES"). To accomplish this goal, CONSULTANT shall provide the following services under this Agreement: A. Review existing Huntington Beach Fire Department ("HBFD") Hazardous Materials Area Plan documents; B. Recommend a revised format; C. Develop a project work plan with milestones; Page 1 of 11 Olagree/ESCI Enviro/jmf/10/18/01 • • D. Incorporate updates to procedures, staffing, agencies, communications and resources; E. Update recent regulatory changes to meet OES audit requirements; F. Establish weapons of mass destruction emergency plans and related issues; G. Establish illegal drug lab mitigation plans; H. Incorporate changes associated with the Cal -ARP Program; I. Maintain availability of coordination and documentation to ensure compliance with HBFD contract requirements and provide milestone reports as completed; and J. Perform any other services necessary to provide CITY with the Hazardous Materials Area Plan. These services described in Section 1 shall sometimes hereinafter be referred to as the "PROJECT." 2. DESIGNATED CONTACTS CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. CONSULTANT hereby designates Steven M. Lichten, President, who shall be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of the Agreement. CONSULTANT's services are to commence as soon as practicable after the execution of this Agreement. CONSULTANT shall provide CITY with the completed Hazardous Materials Area Plan by no later than Nwoefflber 4, 2001. This schedule may be amended to benefit the PROJECT it mutually agreed to in writing by CITY and CONSULTANT. Page 2 of 11 Olagree/ESCI Enviro/jmf/10/18/01 • is 4. COMPENSATION In consideration of the performance of CONSULTANT's services described herein, CITY agrees to pay CONSULTANT and CONSULTANT agrees to accept a fixed fee, including all costs and expenses, of Fourteen Thousand Dollars ($14,000.00). CONSULTANT shall be entitled to this fixed fee payment within thirty (30) days after CITY accepts in writing the Hazardous Materials Area Plan, which acceptance will not be unreasonably withheld. 5. EXTRA WORK In the event CITY requires additional services not included in Section 1, or changes in the scope of services described in Section 1, CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 7. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and save and hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or Page 3ofII Olagree/ESCI Enviro/jmf/10/18/01 • • employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 8. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suit, actions, proceedings, and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall maintain workers' compensation and employers' liability in amounts not less than the State statutory limits. CONSULTANT shall require all subcontractors to provide such workers' compensation and employers' liability insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 9. GENERAL LIABILITY INSURANCE . In addition to the workers' compensation insurance and employers' liability and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. The policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection Page 4 of 11 01agree/ESCI Enviro/jmf/10/18/01 k with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. The policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 10. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of the reporting of any circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. If insurance is terminated for any reason, CONSULTANT agrees to Page 5 of 11 Olagree/ESCI Enviro/jmf/10/18/01 • purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 11. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or services to be performed hereunder. Page 6 of 11 01agree/ESCI Enviro/jmf/10/18/01 0' 0 13. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT and any assigned task is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be delivered to it by CONSULTANT. 14. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated, assigned or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If any assignment or delegation is approved, all approved subconsultants must satisfy the insurance requirements set forth in Sections 8 through 11 hereinabove. 15. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 16. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. Page 7ofII Olagree/ESCI Enviro/jmf/10/18/01 IT NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 2 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: Fire Chief City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 18. MODIFICATIONS TO CONSULTANT: Steven M. Lichten, President ESCI EnviroServices, Inc. 4401 Atlantic Avenue, Suite 200 Long Beach, CA 90807-2264 No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraphs and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. Page 8ofII Olagree/ESCI Enviro/jmf/10/18/01 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. Page 9 of 11 Olagree/ESCI Enviro/jmf/10/18/01 s • 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES Except as set forth in Section 7 of this Agreement, in the event suit is brought by either party to enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 25. GOVERNING LAW AND VENUE This Agreement shall be governed and construed in accordance with the laws of the State of California. 26. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement, and supercedes all prior understanding and agreements whether oral or in writing between the parties respecting the subject matter hereof. Page 10 of 11 Olagree/ESCI Enviro/jmf/10/18/01 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. ESCI ENVIROSERVICES, INC., a California corporation Sr IFA pM . Lt cam^ print name ITS: (circle one) Chairman/P es' t/Vice President AND B print name ITS: (circle one) S Greta_ hief Financial Officer/Asst. Secretary —Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City Admin4sfrator APPROVED AS TO FORM: City Attorney ` /q/ �.6s �< ��( INITIATED, REVIEWED D APPROVED: V-P &tLA_1z5__a Fire Chief /Information Systems Directdr Page 11 of 11 01agree/ESCI Enviro/jmf/10/18/01 ESCI ENVIROSERVICES, INC. for Preparation of a Hazardous Materials Area Plan INSURANCE NRLIM ".- IESC I Env i roSery i ces, I nc. PHONE NO. 714+256+4812 is Sep. 21 2001 10:04RM P2 FZCOR,Q. CERTIFICATE OF LIABILITY INSURANCk OPID DATE(MatDVM sCIE-1 08/14/01 vAN OPPEN i co. INS. sERv.,iNc LiCo OB10732 2248 N state College Blvd Fullerton CA 92831 P hone! 714-255-9800 Fax:714-255-9899 ESCI HnviroServices, z e. 41401 Atlantic AvsSu to 200 Long Beach CA 90861 1 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF MFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE WAIIRFRA: American Safety casualty Ins WSURER8: Proiiessive Caeualtx Ins. Co. ry INSURER C: American- Safety Indemnity Co -� INSURER 0: _...... - - W9URER e THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WSURE0 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 •PO_ UC{ES.'AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA113 CLANS. pp _ LTR TYPE OF INSURANCE~_., __...__. 'NXICYNUMBER — •ro°nTff(yM 7D►Y GAT' M /DOIYY. -.. ... - •LDAIT6 GENERAL LIABILITY rACHOCCUFR,c^N1:E 121,000,000 A X GOMMF.RCIAIOENERALLUABILITY CFL00-1873-001 OB/25/00 08/25/02 FIRE4AMA06(AnyoneNrcl s 50,000 CI.AwS MADE a OCCUR `` 1851000 MeD EXP (Any 0" oe+w) PER,,"AIILA(ININJURY131,000 X POLLUTION LIAR. 1 ,000 . 'X HIRED/D70A GENERAL. AGGREGATE S1,000,000 GEN'L•AGGReGAIT LIMIT APPLIES PER PRODUCTS . COMP100 AGIN $ 1, 0 0 O 00 0 1L POLICY JECa LOC B AUTOMO9fiX LWBIUTY ANY AUTO ' r CCppMBINED ANGLE LIMIT ('e �CCidetlll $ 1 , 000 , 000 ALL OWNED AUTOS X SCHEDULED AUTOS — CAOOD411432 12/17/00 12/17/01 POMV INJURY - (P�rpers°a S s HIRED AUTOS NON ONRtED AUTOS BODILY INJURY (Pa71lewerM PROPERTY DAMAGE (PN 446dW4 f' _ ..... _ .... GARAGE LIABILITY AUYO ONLY. EA ACONNT S THER ��N EA ACC WOO WTOONLY A00 Z. ANY ALRi] i EXCESSLIABIUTY EACHOCCIJRRENCE a 1,000,000 C X OCCUR FI CLAIMS MADE AXS 01-1873-001 07/23/01 08/25/02 AGGREPATE-, $ 1,000 000 DMUCTISLE ES X : RETENTION 210,000 u' -" ' Il) AS ` D P`01(bP,: Y 'WIOtjKERS CpMPEN$/1T10N AND EMPLOYERS' LIABILl1�( (}g1li IIUT 103t , D9j�uty Qa�lV�Y// t 1;OTYlEi i{fl I r� S _ E.L. EACHACGOEI�R Et,DISEASE-EAEMR` : E.i..IItS61SB-ROtICX.tWUT •� '' ' ,��---- .. t - - - - OTHER I ..,. •ea:..• ••a?-; 't-. s`•--:C.v A Ci.AIMS MADE: RA.CLAz>Ii $1,000,000 PROFESSIONAL LiAE. CFLOO-1873-001 08/25/00 08/25/02 ANN.AGG. $I,000,OOQ DESCRIPTION OF OPERATTONSILOCATION W FltlCLFSiEXCLU3(ONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS city of Huntington Beach, its officers, agents and eMloyees are added as Additional Insured to the General Liability I but only as respects all covered operation of the ;~Yarned Xnsured. *20 day notice of Cancellation for non-payment of premium, CERTIFICATE HOLDER y I ADDITIONAL INSURED: WSURER LETTER; A CANCELLATION C/OHUNT 6HOULD ANY OP THE ABOVE D163CRISM POLICIES" CANCELLED 0VORE VAE EXPIRATION �. DASETF(6R£Of..TKEIF�U1Gio'iNSURERWILLY61 0A11 +30 OAVSWRITTEN NOTICE TO THE CERTggCATTE HOLDER NAueo TO THE LEFT, BUT City of Huntington Reach 2000 Main Street I Huntington Scach CA 92648 AuTtIOR14D REPRESENTATN ACORD 25.S (71971 — /jam ~~ 4D ACORD CORPORATION 1190 FROM ESCI EnviroServices, Inc. PHONE NO. 714+256+4912 Sep. 21 2001 10:05AM P4 AMERICAN fs SAFETY American Safety Casualty insurance Company 1845 The Exchange, Suite 200 • Atlanta, GA 30339 W (800) 388-3647 ♦ FAX 2 (770) 955-8339 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES: As respects all covered operations of the Named insured, it is understood and agreed that the interest of City of Huntington Beach, its officers, agents and employees, 2000 Main street. Huntington Beach, CA 92648 is hereby added to this policy as Additional Insured, per CG 20 10 11 85 Additional Insured — Owners, Lessees or Contractors — (Form B) attached hereto. h?OM :` �SCI EnviroServices, Ina o PHONE NO. : 714+256+4812 Sep. 21 2001 10:07AM PS POLICY NUMBER: CFL OO-1873-001 COMMERCrA L GENERAL LtABMITV THIS ENDORSEMEN r CHANGES T IM. POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PAXr. SCHEDULE Name of person or Organization: City of Huntington Beach, its oflFicem, agents and employees 2000 Main Street - Huntingtb -Beach, CA' M48 ' ...... ._.._ (RE: all covered operations of the Named InRured) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applica blc to this endorsement.) WHO IS AN INSURED (Section TT) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. AYPROVED AS TO I!'ORK : GAIL HUTTON, City Attorii6, By- D7 t City Attorney, fG/ r_ ' t CG 2010 1185 Copyright, Insurance Services Office, Inc., 1994 Page I of 1 City of Huntington Beach NUNnNGTONMACH 2000. Main Street California 92648 DECLARATION of NON -EMPLOYER STATUS In order to comply with City Council Resolution No. 6277, you are required to provide proof of Workers' Compensation insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provisions of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: Address: Applicant's Signature: Title: 22.E �r Location Signed: �- t Telephone Number: .562-'F8q`Z07� I Date: 13 Aor, 206t �u FROM ; ESC I Env i roSery i ce s Inc. ti J PHONE NO. 714+256+4812 Sep. 20 2001 09:54AM P1 F A X M E S S A G E �EN"R4SER'V ICES, INC. C0UMPUA.NC6 PROGRAMS • PWS • 7RAt\1\G • Att) rs • PETOWS MA\AGE,NE\T SYSiENS 4401 Atlantic Avenue, Suite 200 Long Beach, CA 90807 562-984.2079 / 562-984-2001(Fax) DATE: 20 September 2001 Hard -copy by: O FedEx/Express Mail S� US Mail FAX NO: 714-374-1551 0 e-mail TO: Jahn Fujii 0 will not follow 0 delivery @ meeting COMPANY: City of Huntington Beach FROM: Steven M. Lichten DIRECT FAX - 714-256-4812 / email: slichten@enviroservices.com SUBJECT: ESCI EnviroServices, Inc. Corporate Docs. THIS MESSAGE IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY TO WHICH IT 1S ADDRESSED. It may contain privileged, confidential, attorney -work product, or trade secret information which is exempt from disclosure under applicable laws. If you are not the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. If you have received this message in error, please notify us immediately by telephone and return the original message and all copies to us by mail at the above address. Thank you. FROM c ESCI EnviroServices, Inc. PHONE NO. 714+256+4812 Se FROM ADM TECHNOLOG`; PHLxvt P� 20 2001 09:55AM P2 SECRETARY OF STATE 2070258 SOF ,r.. C1. vu vs Y x•' d ca 6�A ' I, BILL JONBS, Secretary of State of the State of California, hereby certify. That the attached transcript has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF I execute this certificate and affix the Great Seal of the State of California this FEB 2 3 Secretary of State 1,VSTATC FORK IF-,Ol (-I. AA-1) FROM ,: ESCI EnviroServices, Inc. — FpW : ADM TECHNOLOGY PHONE NO. 714+256+4812 Sep. 20 2001 09:56AM P3 PHONE NO. 510 939 0174 V1. , MUMS ARTICLES OF INCORPORATION 1. NAME I'he name of this corporation is Enviro Services Co, Inc. 11, PURPOSE ENDORSED ---FILED In the office at the Secretary at state of the State of callornia Bllt JOVEES, S rl cfi s uie The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the GENERAL CORPORATION LAW of California other than bankire business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. M. AGENT FOR SERVICE OF PROCESS The name and address in the State of California of this corporation's initial agent for service of process is: Name: Roy Giorgi Street Address: 4099 Camanche parkway, #3 City: Ione, California 95640 IV. STOCK The corporation is authorized to issue only one class of shares of stock. The total number of shares that the corporation is authorized to issue is 100,000. r a 1 The liability ofthe directors of the corporation for monetary damages shall be eliminated to the fullest extent permissible under California Law. Ro 117 ,� FROM .: ESCI t`I.J EnviroServices, 'iU� iL RM Inc. \,rt1 .1AVt4 PHONE NO. lim, nlln 714+256+4812 rnn AV. Yuo 0 Sep. 20 c)u jlJJp 2 001 09:56AM P41. r State of California y lam, c P.O. loxOAA230 Bill )ones i ,Sovarwnto, Co 94244.2300 Secretary of Stete Pkirw (916) 617.3637 STATEMENT BY DOMESTIC STOCK CORPORATION A $10 FILING FEE MUST ACCOMPANY THIS STATEMENT. WHEN COMPLETING rOW, PLEASE USE BLACK TYPEWRITER RIBBON OR BLACK INK IMPORTANT —Phase Read Instructions Can Back Of Form 1 00 NOT ALTER Ii10r RINTED NAmr. Nr ITEM NO. I Is OLANK, PPUrA66 (ENTER CORPLIRATE NAME. X. IF THERE HAS SKEIN NO CHANCE IN A= OF THLJXF-Q0t aI0ki "-Fi4F=.F840EED TC,LIKE .16. DO NOT WRITE IM-11iIIS SPACE THE CAUFORNIA CORPORATION NAMED HEREIN, MAKES THE FOLLOWING STATEMENT 2, 11= ADOREAS OF PRINCIPAL EXECUTIVE OPPICC ROOM 90. 2A, CITY AND STATE 2B. ZIP COOS R=kj ADDRESS OF PRINCIPAL BUSINEBB OFFICE IN CALIFORNIA ROOM NO. .3A, CITY 35. zip CODE of ANY( .lei CA 4, .RAILING 40014E$9 p'i• ROOK NO. l 4A. CITY AND STATE +lie, LIP CODE THE NAMES OF THE FOLLOWING OMCERS ARE: Must have ffiRse throe oTficers Scc, 312, Co rations Code). An efficer had! mars than one offer. 5, CHItF EXECUTIVE OFFICER I $A. STREET ADDRESS (DO NOT uSE P.D. soxi 5B. CITT AND STATE 5C. III, CODE 6....S.E,.CyA�g7m Y 6 A. wintaBT ADORCE O N J SE F.C. BOXI 613, SiTy AND vTATE 5C. ZIP CLUE 7, CiNEf FINANC1Aj.d6FFICER ♦A. STREET AOQRESS (00 NOT USE F.C. Not. 78, CITY AND STATE �3 _ C. 31P C961• tf UMNNT DIRECTORS, INCLUDING DIRECTORS WHO ARE ALSO OFFICERS Otfiaars alga be directors. Must have one or more directors , 3 Ser— 301 a Corpora om Cads). Stotemenrs not list directors will be Prieded. 6' INANE „ 13A, VTREET ADDRE .JOO ti, USE P,O. EOXI CITY AND QTATE $C. ZIP CCU$ 9, NAME gA, STREET AaDRj3 A ISO NOT USE P.O. BOX) 9B. CrrY AN0 STATE 9C. ZP COOS 6. NaMF I1 OA_ STREET ADDRESS'(DO NOT USE P.O, sox) I1 OD. CITY AND STATE r II OG, ZIP C40E 1, THE NUMBER OF VACANCIES ON THE BOARD Of DIRECTORS, IF ANY; DESIGNATED AGENT FOR SERVICE OF PROCESS (CI* one agent maybe named and must TBaide in California,) 2, NAME ��r :�. LALIFORNIA STREET AVORESS 1F AGLNT IS AN INDJVIOUAL. (CO NOT VSSK P.O. 9631 00 N07 INCLUOE ADDRESS Ir Ad ANT IS A r.ORPO 4, DescmuE YY►t aF eusimus OF 111E ean-RATIOtI NAMED IN CS. I OECLARE THAT i HAVE LXAMEVEO TAV5 sTATENEHT AND TO THE B¢tT OF MY TYPE OR t•RINT NANO OF RIONINA OFFICER OR AORNT t OECLARE THERE HAS EECN NO CHANGE IN TMF INFORMATION CONTAIN 11 SECRETARY Of STATE', WICE. ODES k !T APPLY CN INRtAL FI1,( 1t - 1-..�.. _. ., ICNEI;k AERE. TYPE. OR PLAINT NAM¢ OP 7tV NII+G f]PFICCR OR hOENT 90.r.00141C t9H. IRQY. 1140,1 LSE AND BELIEF, IT IS TRVF- CORRECT AND COMPLETE. IN TITLE a LAST STATEMENT OF THE CCmPORAT;ON WHICH IS ON PILE IN THE :ION ATURE TITLE J �. DATE vs 019 FROM ,: ESCI EnviroServices, Inc. • PHONE NO. 714+256+4812 i Sep. 20 2001 09:58AN P5 s s RECORDED/FILED IN OFFICIAL RE bkm RECORDER'S OFFICE Los ANGELES COUNTY CALIFORNIA 9:01 AM APR 20 1999 SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE TITLE(S) Fictitious Business Name Statement FEE N/A N/A 0 20 9_ 19 04 19 ...:,:..';.;.. CODE REC. NO. NO PCOR D.A. SURVEY NOTIF. INVOL NON FEE PAGES TITLES FEE MON. LIEN CONF_ 10.00 2 M1 EXAMINER S fNr. Assessor s Identification Number (AIN) To Be CoMpleted By Examiner Or Title Company In Black Ink Number of Parcels Shawn Revision Number FROM.: ESCI EnviroServices, Inc. PHONE NO. : 714+256+4812 iSep. 20 2001 09:58AM P6 A. i Mailing Address: ESCI ENVIROSERVICES, INC Name: Steven Lichten 4401 Atlantic Ave., AddrOss Suite 200 Gty Long Beach, CA 90807 FILING FEE $10.00 for 1 FBN and 2 registrants " 2 b� for each addit'i J FBFI%registrant FICTITIOUS BUSINESS NAME STATEMENT THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS ASIAtiach additional pages if required) Name(s) 3. Fusiness EnviroServices, Inc. •See "Note" BelowArticles of incorporation Number (if opplicablei # 2070258 Street Address & City of Principol Place of Business in Cali mia (P.O. Box alone not accepts e) Zip Co re 2 4401 Atlantic Ave., Suite 200 Long Beach CA 90807 3 Full name o Registrant .(i corporation - incorporated in what state) Enviro Services Co>.. Inc. California Residence Street Address City State Zip Code 4401 Atlantic Ave. Suite 200 Long Beach, QA 90807 3A Full nome of Registrant ------- (if corporation incorporated in what state) Residence Street Address City State Zip Code Full name of Registrant (if corporation - incorporated in what state) Residence Street Address City State Zip Code 'See "Note" Below This Business is { ) an individual ( ) a general partnership ( ) joint venture ( ) a business tru 4 conducted by: ( ) co-partners ( ) husband and wife (X) a corporation ( ) a limited par (check one only] ( ) on unincorporated association other than a partnership ( ) other - please specify 5 (X) The registrant commenced to transact business under the fictitious business name or names listed on (date): 212 3 / 9 g ( ) Registrant has not yet begun to transact business under the fictitious business name or names listed herein. 6 It registrant is not a corporation sign below: J If registrant is a corporation sign below: b SIGNATURE TYPE OR PRINT NAME O E SIGNATURE TYPE OR PRIM NAME 51UNAJUKE& TITILtA TYPE OR PRINT NAME • M. �. rM U.it w+ r-& This statement was filed with the County Clerk of LOS ANGELES County on date indicated by file stamp above. ._NOTLCE - THIS FICTITIOUS -NAME STATEMENT EXPIRES FIVE YEARS FROM DATE IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED PRIOR TO THAT DATE. The filing of this statement does itself authorize the use in this state of a fictitious business nome in violation of the rights of another under federal, state, or common I (See Section 14.400 et seq., Business and Professional Code) REGISTRAR • RECORDER/COUNTY CLERK BUSINESS FILING AND REGISTRATION THIS FORM SHOULD BE TYPED P.O. BOX 592, LOS ANGELES,CA 90053-0592 OR PRINTED "LEGIBLY" IN BLACK INK PH (310) 462-2060 rship t of Al