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HomeMy WebLinkAboutPerformance Abatement Services, Inc. - 2020-01-28 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PERFORMANCE ABATEMENT SERVICES, INC FOR ON CALL AS NEEDED FACILITY REMEDIATION SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and Performance Abatement Services, Inc. , a Delaware Corporation hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of. facility abatement and remediation services including asbestos, lead, and mold B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in in Exhibit A which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Jeff Munson who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. Page 1 of 9 2016 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "A." The total sum to be expended under this Agreement, shall not exceed DOLLAR AMOUNT PER CITY PURCHASE ORDER subject to Huntington Beach Municipal Code Chapter 3.020.080 — good and/or services obtained from or through agreement with an governmental public, or quasi-public entity during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence November 1, 2019 4 or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate October 31, 2022 , unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for two (2) additional one year periods if mutually agreed to in writing by both parties. All tasks specified in Exhibit "A" shall be completed at the frequency, time, and schedule indicated in Exhibit "A". The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor 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 Contractor 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 Contractor 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. - APPI20116D lay 77-19 d4T3( H/hVA6 oN //Z9/,�0.2G Page 2 or9 2016 7. 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 and defense costs, and consequential damage or liability of any kind or nature, however caused, including those 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. 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. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, 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/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable Page 3 of 9 2016 to the Project/Service 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. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence 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 above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor 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. Contractor 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 Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. Page 4 of 9 2016 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law,and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no .representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. 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 Page 5 of 9 2016 interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 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 below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: To Contractor: City of Huntington Beach Performance Abatement Services, Inc. Attn: Jerry Thompson ATTN: Jeff Munson 2000 Main Street 1270 Hancock Street Huntington Beach, CA 92648 Anaheim CA 92807 714-701-9141 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles, captions, section, paragraph 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. 22. 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 Page 6 of 9 2016 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. 23. Duplicate Orillinal 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. 24. 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 the United States Code regarding employment verification. 25. 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. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement,it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 7 of 9 2016 28. Jurisdiction - Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governine Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also Page 8 of 9 2016 acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Manager. This Agreement shall expire when terminated as provided herein. CONTRACTOR: PERFORMANCE ABATEMENT SERVICES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By; California P INITIATED AND APPROVED: print name ITS: (circle one) Chairman/President/Vice President AND ` Public orks Director 00 By ni : G APPROVED AS TO FORM: prin name ITS: (circle one) SecretaryNice-President/Chief Financial Officer/Asst. Secretary-Treasurer City ttorney M/ WED AND A OVED: City Manag RECEIVED: City Clerk t/,V�„2O dt5 Page 9 of 9 2016 Performance Abatement Services,Inc. EXHIBIT A 1. CONTRACTOR to provide proposal and quote as requested per PROJECT. Acceptance of quote is confirmed only upon issuance and vendor receipt of CITY Purchase Order, subject to compliance with HBMC Chapter 3.02.080. 2. Scope of Work to be determined as needed per PROJECT and shall be identified in CONTRACTOR'S proposal. 3. Qualifying public works projects are subject to the prevailing wage, apprenticeship, and reporting requirements per the California Department of Industrial Relations. 1of1 AC GATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/1/2020 3/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. j If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain poitcies may require an endorsement. A statement on I this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CO PRODUCER Lockton Com anies N FAX 444 W.47th Street,Suite 900 o Eat): (AIC,No): { Kansas Cityy MO 64112-1906 MIL i (816)960.9000 RS)AFFORDING COVERAGE INSURER A: Zurich American Insurance Company 16535 j INSURED PERFORMANCE ABATEMENT SERVICES,INC. INSURER B: American Guarantee and Liab,Ins.Co. 26247 12283 207-ISSD INSURER C: Steadfast Insurance Company 2638 I 1270 HANCOCK STREET ANAHEIM CA 92807 ' E : I INSURER E ' INSURER COVERAGES CERTIFICATE NUMBER: 13766761 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. `SR TR TYPE OF INSURANCE INSD ADDL UBR POLICY NUMBER POLICY EFF POLtC E P LIMITS A X COMMERCIAL GENERAL LIABILITY y y GLOO141249-02 4/1/2019 4/l/2020 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED CLAIMS-MADE®OCCUR SES Eoccurrence) lOO OOO APPROVED AS T4FOM" �� MED EXP An one rson 5 000 PERSONAL d ADV INJURY $ 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: Y( �' GENERAL AGGREGATE $ 2 00O 000POLICY JCOT- LOC MICHAEL E.GA PRODUCTS-COMPIOPA00 $ 2 00O 000 C6QCmATTORN $ I OTHER AUTOMOBILE LIABILITY y y BAP0141250-02 4/1/2019 4/1/2020 CEO acel entsINGLE U917 $ 1,000,000 Ix ANY AUTO BODILY INJURY(Per person) $ X}{}(. XX 1 OWNED HA8Y0E'S)U'FDBODILY INJURY(Par accident $ XXXXXXX HIRED NC -0,V ED PPROPERTY DAMAGE $ XXXXXXXAUTOS ONLYAU OS OONLY $ XXXXXXX i MCS-90 B X UMBRELLA LIAR I X OCCUR Y Y AUC0141262-02 4/1/2019 4/l/2020 EACH OCCURRENCE $ 10,000,000 EXCESS LIAR I 1CLAIMS-MADE AGGREGATE $ l O 0OO OOO DED I X I RETENTION$0 $ XxxxxXx 1 WORKERS COMPENSATION OTH. i A AND EMPLOYERS'LIABILITY Y WC0141247-02 4/1/2019 4/1/2020 X STATUTE ER !i A ANYPROPRIETOR/PARTNERIFXECUTIVE YIN [INCL,STOP GAP/WA USL&H E.L.EACH ACCIDENT $ 1000000 I OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 3 1,000,000 i If yea,describe under i OESCRIPnON OF OPERATIONS below I E.I.DISEASE.POLICY LIMB 1 1,000,000 C CONTRACTORS TN N PECO141251-02 4/1/2019 4/I/2020 $5,000,000 POLLUTION LIMIT; I POLLUTION AND $5,000,000 PROFESSIONAL LIMIT PROFESSIONAL LIABILITY 1 i DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)FOR j TO THE CE TIFICAON THE TIf HOLDER LISTED BELO WILL W NADDITT ONAL NOTICE INSURED STATUS(IF SPECIFIED HEREIN)DCELLAEON AND WrLL SENDOES NOT EXTEND OAYS NOTICE FOR ROFE.S,SIONAALL OF PREMIUM LIABILITY COVERAGE. THE CITY OF HUNTINGTON BEACH ITS OFFICERS,ELECTED OFFICIALS,EMPLOYEES AGENTS AND VOLUNTEERS IS/ARE ADDED AS ADDITIONAL INSURED ON A PRIMARY AND N0J4-CONTRIBUTORY COVERAGE BASIS AS RESPECTS LIABILITY COVERAGE FOR THIS PROJECT AND SUBROGATION IS WAIVED AS RESPECTS WC OL,AUTO,EXCESS AND/OR UMBRELLA FOR THIS PROJECT AS PERMITTED BY STATE. INSURANCE SHOWN APPLIES ONLY TO EXTENT OF WRITTEN CONTRACT. EXCESS LIABILITY IS FOLLOW FORM OVER GENERAL,AUTO AND EMPLOYERS LIABILITY COVERAGE. I CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ' THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN j ACCORDANCE WITH THE POLICY PROVISIONS. ! 1 13766761 AUTHORIZED REPRESENTATIVE 1 CITY OF HUNTINGTON BEACH 200 MAIN STREET HUNTINGTON BEACH CA 92648 ACORD 25(2016/03) ©19 8-2016 ACORD CORPORATION.All rights reserved I The ACORD name and logo are registered marks of ACORD i I Attachment Code:D493518 Certificate ID: 13766761 1 POLICY NUMBER: GLOO141249-02 j COMMERCIAL GENERAL LIABILITY CG 20 10 0413 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. a ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 4 t SCHEDULE i 1 Name Of Additional Insured Person(s) Or Organization(s): CITY OF HUNTINGTON BEACH, IT'S OFFICERS, ELECTED OFFICIALS, EMPLOYEES,AGENTS AND i VOLUNTEERS Location and Description of Operation(s)or Organization(s): 3 LAX PROJECT (Information required to complete this Schedule,if not shown above,will be shown in the Declarations.) A. Section II-Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown In the Schedule,but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury"caused,in whole or in part,by: 1.Your acts or omissions;or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. g.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1..All work,including materials,parts or equipment furnished in connection with such work,on the project (other than service,maintenance or repairs)to be performed by or on behalf of the additional Insured(s)at the location of the covered operations has been completed;or 2.That portion of"your work"out of which the injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Miscellaneous Attachment:M44247 Certificate ID : 13766761 i I I i i Coverage Extension Endorsement — Liability Only i Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff Date of End. Producer No. Add'i Prem. Return Prem. l BAP0141250-02 04/01/2019 04/01/2012 04/01/2019 i f s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: j Business Auto Coverage Form ' Motor Carrier Coverage Form i A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section 11—Covered Autos Liability Coverage: The following are also "insureds": a. Any"employee"of yours is an"insured"while using a covered"auto"you don't own, hire or borrow for acts performed within the scope of employment by you. Any"employee"of yours is also an"insured"while operating an"auto" hired or rented under a contract or agreement in that"employee's" name,with your permission,while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an"insured"while using a covered"auto"you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an"auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. { d. Where and to the extent permitted by law, any person(s)or organization(s)where required by written contract or written agreement with you executed prior to any"accident", including those person(s)or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the"accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement,or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s)or organization(s),where required by written contract or written agreement with you executed prior to any"accident",will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2)and a.(4)of the Coverage Extensions Provision in Section 11—Covered Autos Liability Coverage are replaced by the following: (2) Up to$5,000 for the cost of bail bonds(including bonds for related traffic law violations)required because of an "accident"we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to$500 a day because of time off from work. U-CA-428-A CW(02-14) i Miscellaneous Attachment:M44247 Certificate ID: 13766761 i C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II—Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability Coverage The following is added to the Racing Exclusion in Section If—Covered Autos Liability Coverage: This exclusion does not apply to covered"autos" participating in a driver safety program event, such as, but not i limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Amended Duties In The Event Of Accident, Claim,Suit Or Loss j Paragraph a.of the Duties In The Event Of Accident, Claim,Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit"or"loss",you must give us or our authorized representative prompt notice of the"accident", claim, "suit"or"loss". However, these duties only apply when the"accident", claim,"suit"or I "loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company)or an executive officer or insurance manager(if you are a corporation). The failure of any agent, servant or employee of the"insured"to notify us of any"accident",claim, "suit"or"loss"shall not invalidate the Insurance afforded by this policy. i Include, as soon as practicable: (1) How,when and where the"accident"or"loss"occurred and if a claim is made or"suit" is brought,written notice of the claim or"suit" including, but not limited to,the date and details of such claim or"suit"; i (2)The"insured's" name and address; and ' (3)To the extent possible, the names and addresses of any injured persons and witnesses. If you report an"accident",claim, "suit"or"loss"to another insurer when you should have reported to us,your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon 9 s as practicable after the fact of the delay becomes known to you. F. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any"accident"or "loss", provided that the"accident"or"loss" arises out of operations contemplated by such contract. This waiver only 3 applies to the person or organization designated In the contract. G. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or j (2) Make an error, omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. 1 H. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period, Coverage Territory Condition is replaced by the following: (5)Anywhere in the world if a covered"auto"is leased, hired, rented or borrowed for a period of 60 days or less, 1 1. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: I "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. 1 i I U-CA428-A CW(02-14) i I I t Miscellaneous Attachment:M44247 Certificate ID: 13766761 J. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the"insured". This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. j i All other terms,conditions, provisions and exclusions of this policy remain the same. I i i 1 i i I i i i i S 1 3 1 J� 1 1 ]i d i7 1 �I 1 i I U-CA-428-A CW(02-14) i Miscellaneous Attachment:M99313 Certificate ID; 13766761 i I i WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04/84) --------------------------------------------------------------------------------------------------------------------- WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 3 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) 1 This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. i Schedule ALL PERSONS AND/OR ORGANIZATIONS (OTHER THAN MANUFACTURERS OF ASBESTOS, MANUFACTURERS WHOSE COMPONENT PARTS INCLUDE ASBESTOS, OR 1 DISTRIBUTORS OF A PRODUCT THAT CONTAINS ASBESTOS)THAT ARE REQUIRED BY j WRITTEN CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. 1 Insured: PERFORMANCE ABATEMENT SERVICES, INC. Policy No.: WC0141247-02 Effective Dates: 4/1/2019 -4/1/2020 j I I WC000313 (Ed. 4-84) c Miscellaneous Attachment:M496155 Certificate ID: 13766761 i I i I POLICY NUMBER: BAP0141250-02 COMMERCIAL AUTO CA 20 48 10/13 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I DESIGNATED INSURED j COVERED AUTOS LIABILITY COVERAGE i This endorsement modifies insurance provided under the following: I AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM i With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply I. unless modified by the endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below: i Named Insured: PERFORMANCE ABATEMENT SERVICES, INC. Endorsement Effective:4/l/2019 i SCHEDULE Name of Person(s)or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE i ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. 3 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) i i Each person or organization shown In the Schedule is an"insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured Provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. i 1 CA 20 48 10113 I i i i I Miscellaneous Attaclunent:M499077 Certificate ID ; 13766761 Other Insurance Amendment - Primary And Non-Contributory i POLICY NUMBER: GLOO141249-02 EFFECTIVE DATE: 411I2019 EXPIRATION DATE: 4/1/2020 i f THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i F Named Insured: Performance Abatement Services, Inc. ! Address(including ZIP Code): 11145 Thompson Avenue, Lenexa, KS 66219 E This endorsement modifies insurance provided under the: i Commercial General Liability Coverage Part i 1.The following paragraph is added to the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other Insurance available to an additional Insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and i b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV— Commercial General Liability Conditions: This insurance is excess over: S 3 Any of the other insurance,whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence", offense, claim or"suit".This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. i All other terms and conditions of this policy remain unchanged. i } x i i i U-GL-1327-A CW(04/13) 3 i i {1{ t f i Switzer, Donna From: Jubinsky, Debra Sent: Friday, January 31, 2020 10:03 AM To: Switzer, Donna Subject: FW: FYI - Performance Abatement Services See below. Debra Jubinsky, Sr. Administrative Analyst City of Huntington Beach Public Works phone:714-374-5321 cell:714-403-1114 From: Bacon, Kirsty<kirsty.bacon @surfcity-hb.org> Sent:Tuesday,January 28, 2020 1:38 PM To:Jubinsky, Debra <djubinsky@surfcity-hb.org> Subject: FYI - Performance Abatement Services Hi Debra- FYI-The service agreement with Performance Abatement Services Inc has been signed and is being sent to the Clerk's office for the final signature. Thanks Kirsty L Bacon Public Works Department City of Huntington Beach Ph: 714.536.5437 kirsty.bacon @ surfcity-hb.org 1 CONTRACT SUMMARY and ROUTING SLIP SERVICE AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND PERFORMANCE ABATEMENT SERVICES, INC. FOR ON-CALL AS NEEDED FACILITY REMEDIATION SERVICES ISSUING DEPT/REQUESTED BY: Public Works STAFF CONTACT: Debra Jubinsky, ext. 5321 or Jerry Thompson, ext. 8845 BUDGETED: Yes Services will be procured per job based on approved budgeted funds in Capital Improvements Program and Public Works operating budgets. Prices per interagency agreement, subject to the review of Finance Department and the issuance of a City purchase order. VENDOR: PERFORMANCE ABATEMENT SERVICES, INC. SERVICES: Provide on call as needed abatement and remediation services at city facilities, including asbestos, lead and mold. BASIS OF AWARD: Interagency—subject to review and approval of Finance Department for compliance with HBMC 3.02. CONTRACT AMOUNT: Procurement per job and per the Finance Dept. purchase requisition process, subject to available budgeted funds. CONTRACT DURATION: 3 years TOTAL CONTRACT VALUE OVER 3-YEAR INITIAL TERM: Per available budget and purchase order NOTES: Finance Dept. has requested that we bind the vendor to our general terms, conditions and hold harmless using city form service agreement in order to issue purchase orders where competitive pricing is confirmed by interagency agreement. PLEASE ROUTE TO: City Attorney City Manager City Clerk