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HomeMy WebLinkAboutJaime Pina Pumping Service - 2011-08-15SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAIME PINA PUMPING SERVICE FOR DAILY OIL PUMPING MAINTENANCE SERVICES THIS AGREEMENT, made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Jaime Pina Pumping Service, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for maintenance services, hereinafter referred to as "PROJECT," generally described as daily oil pumping maintenance services to City of Huntington Beach oil wells, tank farms and other associated equipment in the City of Huntington Beach and more specifically described in the attached Exhibit A; and CONTRACTOR has been selected to perform said maintenance services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: I. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services, applicable permits, and facilities necessary to provide maintenance services for the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except I 1-3021/68921 1 such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. The Scope of Services which CONTRACTOR agrees to perform is set forth in the attached Exhibit "A". "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); D. Any insurance that may be required. I1-3021/68921 2 Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Thousand One Hundred Dollars ($3,100.00) per month, or Thirty Seven Thousand Two Hundred Dollars ($37,200) per year, as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. PAYMENT CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in ]Exhibit A. The payments specified in Exhibit A shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement unless, pursuant to Paragraph 1 above, CITY approves additional compensation for additional services. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 5. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT immediately after notice to proceed is issued and shall diligently prosecute PROJECT to completion, excluding delays provided for in this Agreement. 11-3021/68921 3 6. TERM OF AGREEMENT The term of this Agreement shall be one year, unless CITY exercises its option to renew as set forth herein. 7. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 8. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 9 and any damages shall be assessed as set forth in Section 9. 11-3021/68921 4 9. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 10. RENEWAL In its discretion CITY may renew this Agreement upon its expiration. The terms and conditions of the renewed agreement will remain the same as this original Agreement unless both parties agree in writing to an amendment. CONTRACTOR will be bound by the renewed agreement should CITY exercise its option to renew. If negotiations are still in progress at the end of any one year term previously agreed upon, the CITY and the CONTRACTOR shall continue performance as required herein on a month -to -month basis until either a new agreement is entered into or the CITY terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month -to -month operation while negotiations are in progress, the CONTRACTOR shall be obligated to continue performance for at least thirty (30) days after written notice to the CITY of its decision to terminate the relationship and the CITY shall be obligated to give consideration to the CONTRACTOR for such additional performance at the usual rate of payment as provided herein. 11-3021/68921 5 11. REMEDY ON BREACH In the event that CONTRACTOR shall breach, or fail to execute in good faith, any of the terms or conditions of this Agreement, and should CONTRACTOR fail to cure such breach or failure within ten (10) calendar days after CITY gives written notice thereof, the CITY may terminate this Agreement and complete the work to be accomplished hereunder for the account and at the expense of CONTRACTOR. CONTRACTOR shall be liable for any excess cost to CITY over the original contract price. In the event CITY completes the work, or causes the work to be completed, no sum shall be paid to CONTRACTOR until the work is complete. All costs of completion shall be deducted before any payment to CONTRACTOR is made. If the unexpended portion of the contract price is less than CITY's cost to complete, CONTRACTOR shall pay CITY a sum equal to said difference on demand. The remedies contained in this section are cumulative and are in addition to all other rights of CITY pursuant to this Agreement and at law or in equity. 12. CHANGES CONTRACTOR shall adhere strictly to the Scope of Services set forth in Exhibit A unless a change therefrom is authorized in writing by the Fire Department (the Department). CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the Department may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the Department, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the Department. CITY reserves the right to make such increases or decreases in the quantity of any item of work to be performed or furnished under this Agreement; and in the event that any such 11-3021/68921 6 increase or decrease in the quantity of work to be performed or furnished is so ordered, the amount to be paid CONTRACTOR under this Agreement shall be correspondingly increased or decreased, as the case may be, in proportion to the increased or decreased quantities of work. 13. DIFFERING SITE CONDITIONS A. Notice: The CONTRACTOR shall promptly, and before any conditions are disturbed, notify the Department in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The Department shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; B. Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 14. SAFETY PRACTICES CONTRACTOR shall comply fully with all laws, orders, citations, rules, regulations, standards and statutes, with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention, safety equipment and construction practices. CONTRACTOR shall conduct inspections to determine that safe working conditions 11-3021/68921 7 and equipment exist and accepts sole responsibility for providing a safe place to work for its employees and for employees of its subcontractors and suppliers of material and equipment, if any, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. 15. WARRANTIE The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities maintained. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective work. Upon expiration of such ten (10) day period, CITY may then make appropriate repair, replacement or rework at CONTRACTOR's risk and expense. 16. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its 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 CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 17. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those 11-3021/68921 8 resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 18. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish 11-3021 /68921 9 to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 19. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection 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 $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 $1,000,000. Said policy shall name CITY, its officers, and employees 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 CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 20. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 11-3021 /68921 10 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation. " unless specified in the agreement or bid documents. CONTRACTOR shall maintain the foregoing insurance coverages in force while working under this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR 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. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 21. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 11-3021/68921 11 22. CITY EMPLOYEES AND OFFICIALS CONTRACTOR 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 California Government Code sections 1090 et seq. 23. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to the following authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. FOR CITY FOR CONTRACTOR Fire Chief Jaime Pina City of Huntington Beach Jaime Pina Pumping Service 2000 Main Street 3710 Volk Avenue Huntington Beach, CA 92648 Long Beach, CA 90808 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the Department its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 11-3021/68921 12 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 27. IMMIGRATION CONTRACTOR 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 U.S.C. Section 1324a regarding employment verification. 28. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR. 29. ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 11-3021/68921 13 30. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on Agaof 1�_ 2011. CONTRACTOR CITY OF HUNTINGTON BEACH, a JAIME PINA PUMPING SERVICE, a sole municipal corporation of the State of proprietorship California r- io.� By. ---� O�U,h aime Pina, s e proprietor Finance Director (Pursuant to HBMC §3.022.050(b)(6) INITIATED AND APP E 7f Fire Chief APPROVED AS TO FORM: /CitylAttorney ,O1co qr l � 11-3021 /68921 14 S PURCHASING DEPARTMENT `B CITY OF HUNTINGTON BEACH t 2000 MAIN STREET HUNTINGTON BEACH, CA 92648-2702 Please enter your company Warne and address 11-0629 Quotation Number Show this number on outside of your envelope. Date Released Junerl, 2011 Bids will be recenred'untit 4:00p6 June 29<2041=. at the office of the Purchasing Division 1st Floor City Hall Marilyn Goldstein maiIto: purchasinq'sur<city-hb.org DESCRIPTION The City of Huntington Beach is accepting proposals from qualified vendors to oversee the operation and maintenance of the city's three oil Wells, tank farm and other associated equipment. Responsibilities will include activities related to the maintenance and operation of these facilities. There will be a mandatory jobwalk to visit Civic Center Oil Wells #1,2 8 3 and Miley Keck Tank Farm. The jobwalk will be on Friday June 17, 2011 at 8:00am. Please meet at the Civic Center located at 2000 Main Street, Huntington Beach directly in front of the Police Department next to the empty fountain. This agreement is effective for one year from the date on the agreement. At the option of the. City, the agreement may be extended for additional one year periods not to exceed three 3 additional one year periods ALL ADDENDUMS.WILL BE POSTED ON THE CITY WEBSITE www.huntin tonbeachca. ov Bidder shall signify receipt of all Addendum here, if any: Addendum Number Date Received Bidder's Signature Please quote your most competitive pricing, INCLUDING ANY GOVERNMENT OR CO-OPERATIVE AGREEMENT PRICING. "PIGGYBACK" CLAUSE. Bidder shall. indicate below if he will extend the same prices, terms, and conditions of his bid to other public agencies: _Yes _No. Bidder's response to this question will not be considered in award of bid. When the Bidder extends the prices, terms, and conditions of this bid to other public agencies, the contract shall be between Bidder and the other agencies, and the City of Huntington Beach shall bear no responsibility or liability for the contracts. Submission of Responses: Each submittal shall be in a sealed,package marked" BID #. Bids must be submitted not later than 4:00 pm to: Buyer. City of Huntington Beach /Purchasing Division, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648-0190 Delivery to be made on or before: All quotations must be signed Signature Print Name or days from receipt of Title order. Date Total: Sales Tax: Total: Terms: % days Company Name Email: Z11111MANMRA11<, Phone Number ,,NOTANORDER , SCOPE OF WORK The Oil Pumper will be responsible for overseeing the operation and maintenance of City of Huntington Beach oil wells, tank farm and other associated equipment. This includes: 1. Civic Center Oil Wells # 11 2 and 3; gathering lines from Wells # 2 and 3 2. Product line from city wells to the Miley -Keck Tank Farm 3. Miley Keck Tank Farm 4. Shipping pump and motor 5. Other associated equipment Facility Maintenance Facility maintenance activities will include: Performing surveillance of all wells, pipelines, the tank farm and support equipment on a daily basis in order to identify and perform necessary maintenance and repairs. 2. Supervising required maintenance or repairs and, when necessary, coordinating with and overseeing the work of outside contractors. 3. Maintaining, site housekeeping and performing clean-up of minor spills. 4. Maintaining compliance with all applicable local, state and federal regulations. 5. Meeting with. fire department representatives on a regular basis to review the status of maintenance and operations needs. During this meeting the pumper shall provide a written report of monthly work activities, daily facility inspection logs, production logs, gauging, and shipping. records. Proposals .for work needed and invoices for work completed shall also be submitted. The fire department may schedule additional meetings on an as -needed basis. 6. Making emergency contact with fire department representatives regarding any maintenance and/or operational problems with wells, pipelines, tank farms or support equipment. Facility Operation Facility operation responsibilities will include: Utilizing the best management practices for daily on -going operation of oil wells, pipelines and the tank farm. 2. Monitoring well production and maintaining production records. 3. Prepare monthly production reports and. forward to the Huntington Beach Fire Department for the required California Division of Oil, Gas.and Geothermal Resources (DOGGR) "OG 110" report submittal. Page 2 4. Conduct regular shipping of well product. This includes providing the Fire Department the original shipping receipt:. 5. Ensuring the daily operation of wastewater and vapor recovery equipment. 6. Oversee testing required by the Orange County Sanitation District and arrange for submittal of testing results, with a copy to be provided to the Huntington Beach Fire Department. 7. Oversee appropriate use associated petroleum production chemicals e.g. corrosion inhibitors, emulsifiers, etc. This includes coordination with chemical supplier to ensure periodic chemical analysis is performed to confirm correct chemical usage. 8. A log of daily city oil production facilities inspections and any work conducted shall be submitted to the Huntington Beach Fire Department monthly. 9. Oil Pumper shall provide staff available on a 24 hour a day call back basis to address City oil. production emergencies. Once contacted, Oil Pumper would be required to have a staff member arrive to City oil production facilities in no less than sixty (60) minutes. Facility Refurbishment Facility refurbishment/maintenance responsibilities will include: 1. Overseeing the maintenance or repair of all oil facility refurbishment projects and, when required, coordination with outside contractors. 2. Making recommendationsfor facility improvements or equipment replacement. 3. Any work outside the pumper scope of duties, which will entail a cost more than the agreed upon monthly pumper chargers, shall first receive authorization by the Fire Department's. Fire Marshal or designee. 4. All job estimates .must be submitted with. a detailed scope of work and the unit price basis consistent with the prices established in the hourly rates and material cost section. 5. Contractor will invoice for all jobs completed on a unit price basis with the prices established in the hourly rates and material cost section, including appropriate mark up on materials, if any. Material invoices must be included with the billing invoices. 6. Material Costs — The maximum material mark-up the City will pay is: <$500.00 + 15% trade price or published contractor price Bidder's mark-up >$500.00 + 12% trade price or published contractor price Bidder's mark-up Material invoices are to be included with billing statements. 7. Monthly Cost: Well Pumping for The City Wells $ If additional work is needed from monthly maintenance,: it will have to be separated out from monthly bill. Page :3 Note: The following are highly desirable: 1. Hazardous materials. first responder certification 2. Pipeline certification for pipeline shipping/valves operations C. Staffing Provide a 'list of individual(s) who will be working on this project and indicate the functions that each will perform. Include a resume for each designated individual. Upon award and during the contract period if the contractor chooses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approval before they begin work. D. Qualifications The information requested in this section .should describe the qualifications of the firm, key staff and sub -contractors performing projects within the past five years that are similar in size and scope to demonstrate. competence to perform these services. Information shall include: 1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work. 2) A summary of the your firm's demonstrated capability, including length of time that your firm has provided the. services being requested in this Request for Proposal. 3) Provide at least five local references that received similar services from your firm. The City of Huntington Beach reserves. the right to contact any of the organizations or individuals listed. Information provided shall include: ♦ Client Name ♦ Project Description ♦ Project start and end dates ♦ Client project manager name, telephone number, and e-mail address E. Compensation Consultant shall provide the agreement in their proposal. EVALUATION CRITERIA proposed fee structure for all work performed in accordance with this It shall be in the form of a monthly flat fee. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: A. Compliance with RFP requirements B. Understanding of the project C. Recent experience in conducting similar scope, complexity, and magnitude for other public agencies D. Educational background, work experience, and directly related consulting experiences E. Price F. References Page 4 CITY OF HUNTINGTON BEACH INSTRUCTION TO BIDDERS ALL PAGES OF THE BID MUST BE RETURNED Quotations are requested for furnishing the items described in accordance with terms set forth herein. All quotations must be F.O.B. delivered. The detailed specifications or brand names or numbers given herein is descriptive and indicates quality and style of item required. Offer to supply articles substantially the same as those described herein will be considered provided the articles offered are equal in quality, durability, and fitness for the purpose intended. Acceptability of alternates will be determined solely by the City of Huntington Beach EXAMINATION OF BID Each: bidder is responsible for examining the. invitation to bid and submitting its bid complete and in conformance with these instructions. DISCREPANCIES IN BID DOCUMENTS Should bidder find discrepancies in, or omissions from the invitation to bid, or if the .intent of the invitation is not clear, and if provisions of the specifications restrict bidder from bidding, they may request in writing that the deficiency(s) be 'modified. Such request must be received by the Buyer five (5) business days before bid opening date. All bidders will be notified by addendum of any approved changes in the invitation to bid documents. ORAL STATEMENTS The City of Huntington is not responsible for oral statements made by any of their employees or agents concerning this invitation to bid. If the bidder required specific information, bidder must request that,it be supplied in writing by the City, of Huntington Beach. BRAND NAMES AND SPECIFICATIONS The detailed specifications and/or brand names stated are descriptive only and indicate quality, design, and construction of items required. Offers will be considered to supply articles substantially the same as those described herein provided the articles are equal in quality, durability, and fitness from the variation in the bid. Acceptability of alternate will be determined solely by the City of Huntington Beach. Bidder must submit specifications when bidding alternative equipment. RIGHT TO REJECT City reserves the right to reject at any time any or all bids, or parts thereof, and to waive any variances, technicalities and informalities which do not impair the quality, utility, durability, or performance of the items. SAMPLES Samples if items, when requested or required, must be furnished to the city free of expense to the city and, if not destroyed by tests will, upon request, be returned at the bidder's expense. PRICES Individual item pricing must be shown for each line item. In case of error in extension of prices, unit price will govern. All prices must be firm for the contract term unless the city specifically provides for adjustment. Any proposed pricing adjustment shall be submitted to the City Representative in writing at least thirty (30) days prior to the proposed date of increase. All quotations must be FOB delivered. FORM OF BID AND SIGNATURE The bid must. be made on this form only. Bid should be enclosed in a sealed envelope, showing the Request for Quotation. Number in the lower left corner, and addressed to the City of Huntington Beach, 2000 Main street, Huntington Beach CA 92648-2702 , Attn: Purchasing. This bid must be signed by an officer or authorized employee. Bids may be rejected if this form is not signed. SUBMISSION DATE AND WITHDRAWAL OF BIDS Each bid must be delivered to the location and received on or before the due date and time stated. Bids may be withdrawn without prejudice, providing the Central Service Division receives the written request no later than the time set for opening bids. Withdrawals will be returned to bidder unopened. FAXED BID IS NOT ACCEPTABLE. AWARD OF CONTRACT The City reserves the right to award this Contract by item or in its entirety, whichever is in the best interest of the City Insurance Certificate is not required with submittal of Request for Quotation Awarding vendor will be required to submit forapOroval before commencement of work. • (• 1 ' �F Email: Justin.Wessels0surfeity-hb.org Phone: 714-374-5378 Fax: 714-536-5212 Insurance Requirements vary for different applicants. Please see the below listed applicant types followed by the insurance requirements. City of Huntington Beach Resolution 2008-63 requires that contractors, permittees, licensees/lessees and vendors have an approved Certificate of Insurance on file with the City of Huntington Beach for the .issuance of any permit or city contract. The insurance certificate must be approved by the City Attorney's Office as to meeting all of the city's insurance requirements. An original certificate is required or a PDF version attached to an email may be forwarded. If the insurance certificate is faxed, it must come directly from the insurance provider to the City of Huntington Beach. All insurance must be from a California admitted carrier with a current.A.M. Best's Rating of no less than A:VII 1. CONTRACTORS — Any persons or entities or Contract with the City and/or provide. service to the City which are readily available and efficiently procured by competitive bidding. Requirements: General Liability, Workers' Compensation, Auto Liability, Additional Insured Endorsements 2. DESIGN PROFESSIONALS- Professional Service contractors who contract with the City and/or provide architectural and/or engineering services to the City.. Requirements: Errors and Emissions (Professional Liability) $1,000,000 coverage 3. LICENSEESILESSEES — any person or entities who make contract with the city for the use of public property. Requirements: General. Liability, Workers' Compensation, Property Insurance, Additional Insured Endorsement 4. PERMITEES — any persons or entities who make application to the City for any use of encroachment upon any street, waterway, pier, or City property. Requirements: General. Liability, Workers' Compensation, Auto Liability, Additional Insured Endorsements 5. Professional Services — means those services, which involve the exercise of professional discretion and independent judgment on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to Huntington Beach Municipal Code. Section 3.02. Such .Services shall include but not be limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors; physicians and other specialized consultants. Requirements: Errors and Emissions (Professional Liability) $1, 000, 000 coverage Private Property Work Permit Requirements — If the planned work does not involve public property or its right-of-way (e.g. sidewalk/street), the Workers' Compensation .Certificate is the only insurance requirement. However, if the work site is adjacent or attached to public property, the City Attorney's Office must be informed for consideration of liability and decides whether or not to approve the certificate with a specific "Private Property Only" approval stamp. Page 6 ➢ General Liability (G/L) — The general liability requirement is for $1,000,000 with "per occurrence" type claims coverage and a separate "Additional Insured Endorsement' page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. (see below for Additional 'Insured requirements) ➢ Additional Insured Endorsement Requirements - The City, its officers, elected or appointed officials, employees, agents and volunteers are to be specifically named and covered as. additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City,. its agents, officers and employees.The endorsement should include the policy number it correlates to. ➢ Primary Insurance —General Liability Insurance coverage shall be primary insurance as respects the. City, its agents,: officers, and employees. Any insurance or self-insurance maintained by the City,, its agents, officers, and employees shall be excess of the submitted insurance and shall not contribute with it. Description of work — The staff contact and purpose of the evidence of coverage must be identified on the certificate of insurance. ➢ Automotive Insurance —Automobile insurance requirement is for $1,000,000 and'a separate "Additional Insured Endorsement" page listing both.the policy number and naming the "City of Huntington. Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The City of Huntington Beach has a zero deductible/SIR requirement: Worker's Compensation Insurance (W/C) — The Worker's Compensation insurance requirement is the State statutory limits of $250,000 bodily injury by disease, policy limit, and $100,000 bodily infu: ry each employee for accident or disease per occurrence. Certificate holder listed on the certificate is: City of Huntington Beach, 2000 Main St., Huntington Beach, CA 92648. If your organization/company;has no compensated employees working on the project, you may complete and return a "Non -Employer Status" form to be used in lieu of a WIC insurance certificate. ➢ Cancellation Clause Notice — The cancellation clause must contain a thirty (30) day notice. A ten (10) day notice for non-payment of premium is acceptable in combination with 30 day notice. ➢ Professional Liability — Coverage must be provided at a minimum of $1,000,000 per occurrence and in the aggregate. ➢ Deductibles— The following deductibles are acceptable and all others must be removed from the insurance policy or a waiver can be requested (see below) : o General Liability - $5;000 o Auto Liability - $1;000 o Professional Liability/Errors & Emissions - $10,000 ➢ Waiver Procedure —If unable to comply with a requirement, the "INSURED" may request a waiver of a specific requirement. The Insurance Waiver form is an internal form that the City of Huntington Beach will complete. (see following page for waiver form) The exception to the waiver is the GIL & Auto "Additional Insured Endorsement" page. 0 Page 7 Waiver Procedure To request a waiver, indicate here[:] and provide a brief description ( 1 — 2 sentences) of the proposed work/project, its dollar value (if not a specific dollar amount, use an average, annual estimate or non-profit) and projected timeframe (per job or as -needed basis,). For substantial dollar deductible/SIR amounts, a financial statement is required (Balance Sheet, Budget Reports, Dun & Bradstreet Report, etc.). Waiver Requested: Encroachment Permit❑ Private Property Work.Permit❑ Consultant Services❑ Other: Proposed Work: Dollar Value: Projected Timeframe Page 8 PURCHASING DEPARTMENT Su tY CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648-2702 Please enter your company name and address 11-0629 Quotation Number Show this number on outside of your envelope. Date ReleasedJu e'i1x;2011 Bids will be recewed untrl`4 00prn ~2011 .' at the office of the Purchasing Division 1st Floor City Hall Marilyn Goldstein maiito:purchasing(c�surfcity-hb.orq .: DESCRIPTION` The City of Huntington Beach is accepting proposals from qualified vendors to oversee the operation and maintenance of the city's three oil wells, tank farm and other associated equipment. Responsibilities will include activities related to the maintenance and operation of these facilities. There will be a mandatory jobwalk to visit Civic Center Oil 'Wells #1,2 & 3 and Miley Keck Tank Farm. The jobwalk will, be on Friday June 17, 2011 at 8:00am. Please meet at the Civic Center located at 2000 Main Street, Huntington Beach directly in front of the Police Department next to the empty fountain. This agreement:is effective for one. year from the date on the agreement. At the option of the City, the agreement may be extended for additional one year periods not to exceed three 3 additional one year periods ALL ADDENDUMS WILL BE POSTED ON THE CITY WESSITE www.huntin tonbeachca: Loy Bidder shall signify receipt of ail Addendum here, if any: Addendum Number _ Date Received: _ Bidder's Signature Please quote your most competitive pricing,. INCLUDING ANY GOVERNMENT OR CO-OPERATIVE AGREEMENT PRICING. "PIGGYBACK" CLAUSE. Bidder shall indicate below if he will extend the same prices, terms, and conditions of his bid toother public agencies: Yes _No. Bidders response to this question will not be considered in award of bid. When the Bidder extends the prices, terms, and conditions of this bid to other public agencies, the contract shall be between Bidder and the other agencies, and the City of Huntington Beach shall bear no. responsibility or liability for the contracts. Submission of Responses: Each submittal shall be in a sealed package marked" BID #. Bids must be submitted not. than 4:00 pm to: Buyer: City of Huntington Beach !Purchasing Division, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648-0190 Delivery to be made on or before: All quotations must be signed 7 � Total: Sig u.re Sales Tax: 1 1 L GC>` d1 c Total: - Print Name y Ms cur, Terms: % J L� days JC�v1M / 1\ 1i�14. RU., 7ti V _ _ �1 . CCj r Company Narhe Email: jn� D, vi c-b 5 P6 45a flq6 L• .. or days from receipt of Title `D `v A e,.r order. Date—`l 1 Phone Number(_5-Z-Z) EO S — % THIS 1S NOT AN ORDER EMAIL AND FAXED BIDS ARE NOT ACCEPTED. JAIMEPIMA' S PUMPING- SERVICE Professional, Experience, Quality Service Daily Pumping Service Duties ® Check and monitor each lease/ well on a daily basis (morning and afternoon) ® Check each pumping unit for mechanical condition and check all oil levels (customer to provide oil as needed) ® Grease each pumping unit once per month (customers to provide grease) • Check production, gauge all tanks 6 Flush water legs • Drain all traps Insure all oil is shipped in a timely manner before the monthly deadline a Prepare each lease for inspections; o South. Coast. Air Quality Management District (SCAQMD) o Division of Oil :and Geothermal Resources (DOGGR) o Los Angeles County Sanitation District (LACSD) o (SEE RATE SCHEDULE) a Immediately report any problems or failures and acquire approval prior to performing any repair work ® Most minor repair work will be preformed myself (see rate schedule) ® Should a helper be required, prior approval will be acquired (see rate schedule) ® Emergency call outs will be covered the first two (2) hours. After two (2)hours, regular labor charge will apply .(see rate schedule) • Will be present when rig work is complete to restart well, check well spacing and ensure well is returned to production in proper operating condition JAIME PINA'S PUMPING SERVICE Professional, Experienced, Quality Service RATES. January 2011 • Puinping.service $3100.00 per month, pumping duty (see Daily Pumping Service Duties) •. Labor charge $38.00 per hour (Belt change, sheave change, motor change -out, electrical trouble shooting, tank cleaning, lease clean-up for agency inspection) ® Helper $38.00 per hour JAI ME PINTA' S PUMPING SERVICE Professional, Experienced, Quality Service l appreciate the opportunity to offer my service and will ensure quality and dedicated performance. SCOPE OF WORK The Oil Pumper will be responsible for overseeing the operation and maintenance of City of Huntington Beach oil wells, tank farm and other associated equipment. This includes` 1. Civic Center Oil Wells # 1, 2 and 3; gathering lines from Wells # 2 and 3 2. Product line from city wells to the Miley -Keck Tank Farm 3. Miley Keck Tank Farm 4. Shipping pump and motor 5. Other associated equipment. Facility Maintenance Facility maintenance activities will include: Performing surveillance of all wells, pipelines, the tank farm and support equipment on a daily basis in order to identify and perform necessary maintenance and repairs. 2. Supervising required maintenance or repairs and, when necessary, coordinating with and overseeing the work of outside contractors. 3. Maintaining site housekeeping and performing clean-up of minor spills. 4. Maintaining compliance with all applicable local, state and federal regulations. 5. Meeting with fire department representatives on a regular basis to review the status of maintenance and operations needs. During this meeting the pumper shall provide a written report of monthly work activities, daily facility inspection logs, production logs, gauging, and shipping records. Proposals for work needed and invoices for work completed shall also be submitted. The fire department may schedule additional meetings on an as -needed basis. 6. Making emergency contact with fire department representatives regarding any maintenance and/or operational problems with wells, pipelines, tank farms or support equipment. Facility Operation Facility operation responsibilities will include: Utilizing the best management practices. for daily on -going operation of oil wells, pipelines and the tank farm. 2. Monitoring well production and maintaining production records. 3. Prepare monthly production reports and forward to the Huntington Beach Fire Department for the required California Division of Oil, Gas and Geothermal Resources (DOGGR) "OG 110 report submittal. Page 2 4. Conduct regular shipping of well product. This includes providing the Fire Department the original shipping receipt. 5. Ensuring the daily operation of wastewater and vapor recovery equipment. 6. Oversee testing required by the Orange County Sanitation District and arrange for submittal of testing results, with a copy to be provided to the Huntington Beach Fire Department. 7. Oversee. appropriate use associated petroleum production chemicals e.g. corrosion inhibitors, emulsifiers, etc. This includes coordination with chemical supplier to ensure periodic chemical analysis is performed to confirm correct chemical usage. 8. A log of daily city oil production facilities inspections and any work conducted shall be submitted to the Huntington Beach Fire Department monthly. 9. Oil Pumper shall provide. staff available on a 24 hour a day call back basis to address City oil production emergencies. Once contacted, Oil Pumper would be required to have a staff member arrive, to City oil production facilities in .no less than sixty (60) minutes. Facility Refurbishment Facility refurbishment/maintenance responsibilities will include: 1. Overseeing the maintenance or repair of all oil facility refurbishment projects and, when required, coordination. with outside contractors. 2. Making recommendations for facility improvements orequipment replacement. 3. Any work outside the pumper scope of duties, which will entail a cost more than the agreed upon monthly pumper chargers, shall first receive authorization by the Fire Department's Fire Marshal or designee.. 4. All job estimates must be submitted with a detailed scope of work and the unit price basis consistent with the prices established in the hourly rates and material cost section. 5. Contractor will invoice for all jobs completed on a unit price basis with the prices established in the hourly rates and material cost section, including appropriate mark up on materials, if any. Material invoices must be included with the billing invoices. 6. Material Costs — The maximum material mark-up the City will pay is: <$500.00 + 15% trade price or published contractor price Bidder's mark-up >$500.00 + 12% trade price or published contractor price Bidder's mark-up Material invoices are to be included with billing statements. 7. Monthly Cost: Well Pumping for The City Wells $ 3 1 IQ-0a� If additional work is needed from monthly maintenance, it will have to be separated out from monthly bill. Page 3 Note: The following are highly desirable: 1. Hazardous materials first responder certification 2. Pipeline certification for pipeline shipping/valves operations C. Staffing Provide a list of individual(s) who will be working on this project and indicate the functions that each will perform. Include a resume for each designated individual. Upon award and during the contract period, if the contractor chooses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approval before they begin work. D. Qualifications The information requested in this section should describe the qualifications of the firm, key staff and sub -contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: 1) Names of key staff that participated. on named projects and their specific responsibilities with respect to this scope of work.:_ 2) A summary of the your firm's demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal. 3) Provide at least five local references that received similar services from your firm. The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include; Client Name Project Description Project start and end dates o Client project manager name, telephone number, and e-mail address E. Compensation Consultant shall provide the proposed fee structure for all work performed in accordance with this agreement in their proposal. It shall be in the form of a monthly flat fee. EVALUATION CRITERIA The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: A. Compliance with RFQ requirements B. Understanding of the project C. Recent experience in conducting similar scope, complexity, and magnitude for other public agencies D. Educational background, work experience, and directly related consulting experiences E. Price F. References Page. 4 ACORN'' CERTIFICATE DATE(MMtDONM) OF LIABILITY INSURANCE 8 3. 2011 PRODUCER Phone: 800 464 0433 Fax: 559 437 3385 THIS CERTIFICATE IS ISSUED AS. A, MATTER' OF INFORMATION Alliarit Insurance Services, Inc. 7525 .North Cedar Ave 'Suite ldl Fresno CA 93720 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 NAIC # INSURED Jaime Pina Pumping Service 3710 Volk Ave. INSURERA:$t:dI_r>LS .CO INSURER 8: INSURERC - Long Beach CA. 908d8 INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE TNSURED>NAMED ABOV& F,OR THE.POLICY'PERIOD:INDICATED'. NOTWTTHSTANDING,ANY REQUIREMENT, TERM OR:CONDITION:OF'ANY CONTRACT OR OTHER DOCUMENT, WITH RESPECT`'TO;WHICIi THIS CERTIFICATE'MAY'BE ISSUED OR_MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIESDESCRIBED HEREIN IS'SUBJECT TO ALL THE TERMS', EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.., AGGREGATE. LIMITS SHOWN'MAY HAVE. BEEN. REDUCED BY PAID CLAIMS:. INSR. DD`L OF INSURANQE POLICY CPO372512 POLICY. EFFECTIVE 5/:29,/2011 POLICY EXPIRATIONTYPE LIMITS • X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE' 10 OCCUR 5/29/2012 EACHACCURRENCE S ] , QQQ, QOQ DAMA E,TO R ETA D PMEMISES (Ea oeaurrence , $ 1 Q o, o a NED EXP (Anyone person) 5:5 , 0 QQ PERSONAL & ADV INJURY S>1,00Q, 000 _ GENERAL AGGREGATE $ 2 _0 0,� O 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: - POLICY PRO LOC, PRODUCTS -'COMP/OP-AGG S'2 , .0 O 01 0 Q 0 A X= AUTOMOBILE LIABILITY 'ANY'AUTO CA03 72 512 5 2.9 / 2 0.11 5 /.2 9 /.2,-012 COMBINED SINGLE LIMIT (Ea accident) S 1, 0 0 0 , 0110 0, X BODILY INJURY (Perpersoti) S ALL OWNED AUTOS .SCHEDULED AUTOS j{ BODILY INJURY- (Peraccident) $ HIREDAUTOS. NON-OWNEDAUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTOONLY: AGG g ANYAUTO. _....._. S EXCESS IUMBRELLA _LIABILITY "OCCUR. u CLAIMS MADE DEDUCTIBLE APPROVED AS TOFORM: fA NNIFEIZM�GRAT .�'' 3� _,.C;it�Ati� Irtit=V EACH OCCURRENCE 'S AGGREGATE 'S S S _ $ RETENTION $ WORKERS COMPENSATION WC STATU< OTH- AND EMPLOYERS' LIABILITY YIN ANY. PROPRIETOR/PARTNER/EXECUTIVE' EXCLUDED? —ER EL_EACH ACCIDENT E.L. DISEASE - EA EMPLOYE - $ 'OF (Mandatory In NH)' If yes, describe under SPECIAL PROVISIONS below: E,L. DISEASE -POLICY LIMIT . S OTHER DESCRIPTION OF OPERATIONS r LOCATIONS r VEHICLES r EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ERTIFICATE HOLDER IS NAMED'AS ADDITIONAL, INSURED PER ATTACHED FORMS ISURANCE IS PRIMARY AND NON-CONTIRBUTORY ACORD 25 City of Huntington Beach its officers, elected or appointed officials, employees, agentsand volunteers 2000 Main St. Huntington Beach CA 92648 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED FORE THE EXPIRATION DATE THEREOF, THE-ISSUING.,INSURER LL ENDEAVOR TO MAIL <30> DAYS WRITTEN NOTICE TO THE RTIFICATE HOLDER NAMED TO THE,LEFT; BUT FAILURE.TO DO SO ALL IMPOSE NO OBLIGATION OR"LIABILITY OF .ANY KIND UPON E INSURER, Its AGENTS OR REPRESENTATIVES. The ACORD name and logo are registered marks.of ACORD reserved:. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) POLICY NUMBER: CP0372512 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ito all ftle w1i. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization s : Location 5 Of Covered Operations City of Huntington Beach, its officers, elected or appointed ALL OPERATIONS, PROJECTS OR ACTIVITIES officials, employees, agents and volunteers CONDUCTED BY THE INSURED ON BEHALF OF THE ADDITIONAL INSUERDS. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section 11 — 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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a prin- cipal as a part of the same project. If you are required by the terms of an insured contract" to provide primary insurance to any insured included by virtue of this endorsement, than this insurance shall be primary, but only with respect to liability arising out "your work" for that insured by you or for you. Any other insurance available to that insured will apply as excess and will not contribute towards the primary insurance afforded by the provisions of this endorsement. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: CP0372512 COMMERCIAL GENERAL. LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. a This endorsement modifies insurance provided under the following. - COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Location And Description Of Completed Opera - tions City of Huntington Beach, its officers, elected or ap- ALL OPERATIONS, PROJECTS OR ACTIVITIES pointed officials, employees, agents and volunteers CONDUCTED BY THE INSURED ON BEHALF OF THE ADDITIONAL INSUERDS. information required to complete this Schedule, if not shown above will be shown in the Declarations. Section 11 — 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 far "bodily injury" or "property damage" caused, in whole or in part, by 'your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". If you are required by the terms of an "insured con- tract" to provide primary insurance to any insured. included by virtue of this endorsement, than this insurance shall be primary, but only with respect to liability arising out "your work" for that insured by you or for you. Any other insurance available to that insured will apply as excess and will not contribute towards the primary insurance afforded by the provi- sions of this endorsement. CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 13 CERTHOLDER COPY NT P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS` COMPENSATION INSURANCE ISSUE DATE: 07-13-2011 CITY OF HUNTINGTON BEACH NT 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 GROUP: POLICY NUMBER: 1878328-2010 CERTIFICATE ID: 16 CERTIFICATE EXPIRES: 10-01-2011 10-01-2010/10-01-2011 This is to certify that we have issued a valid Workers` Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. `f ' `eyidt�s G Authorized Representative President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. �— EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. EMPLOYER PING, JAIME NT 3710 VOLK AVE LONG BEACH CA 90808 [BI S,SDj (rtsv.8-2010) PRINTED : 07-13-2011 POLICY NUMBER: CA03725I.2 CA 20 48 (02-99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): City of Huntington [leach, its officers, elected or appointed off''ic:ials, employees, agents and volunteers (if no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Copyright, Insurance Services Office, Inc., 1998 CA 20 48 (02-99)