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HomeMy WebLinkAboutPerformance Pipeline Technologies - 2020-09-15 (2) AMENDMENT NO. 3 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PERFORMANCE PIPELINE TECHNOLOGIES FOR SEWER, VIDEO INSPECTION, CLEANING AND REPAIR THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and PERFORMANCE PIPELINE TECHNOLOGIES. a Sole Proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated September 15, 2020 entitled"Service Agreement Between the City of Huntington Beach and Performance Pipeline Technologies for Sewer, Video Inspection, Cleaning and Repair"which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONTRACTOR wish to amend the Original Agreement to increase the amount of compensation to be paid to CONTRACTOR; NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Contractor an additional sum not to exceed Four Hundred Fifty Thousand Dollars ($450,000). The additional sum shall be added to the original not to exceed amount of One Million Three Hundred Fifty Thousand Dollars ($1,350,000) for a new contract amount not to exceed One Million Eight Hundred Thousand Dollars ($1,800,000). 24-15133/349642 1 2. TERM The term of the Agreement is extended for one additional year until September 14, 2025. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their authorized officers on_____sctepunr,(,k- , 2024 . CONTRACTOR, CITY OF HUNTINGTON BEACH, a PERFORMANCE PIPELINE municip- co oration of the State of TECHNOLOGIES Californ : AI By: Mayor GkAISi00 Jcr 641l, e6744414Ad print name City Clerk ITS: (circle one)Chairman/PresidentNice President AND INITIATED AND APPROVED By: Director of Public Works print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO F • City Attorney 24-15133/349642 2 . . ,• • .„ ,;;,- L/70 Y.i ....' 1:3ERFO1 . OM:MH A RE . ACCDPP": . , .. .. . ..., ,. .. CERTIFICATE OF LIABILITY' . pAiTmiy :.. ....:. ... „ . •, INSURANCE. uA .piyyy) . 09/28/2024 .,_ THIS CERTIFICATE.is,,I$4(0),AS::•A MATTER OF INFORMATION ONLY.4Np.CONFERS:NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES5 ROT::.AFFIRMATIVELY OR NEGATIVELY:AMEND EXTEND OR ALTER THE COVERAGE:AFFORDED BY THE POLICIES; ECEOW, THIS CERTIFICATE OF INSURANCE. DOES NOT CONSTITUTE CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED. . ..- • ... _ . . . REPRESENTATIVEOR PRODUCER,AND THE CERTIFICATE. , . .. . . . IMPORTANT: Elf the certificate holder is-:40A0DITIONALINSURED,,thapolitypee)must be endorsed: If SUBROGATION IS WAIVED,SUbjeCItti .. the terms and condititing"Afthe policy•Cettain'policiee'inay foqiiiee.en'enderteinerit:A statement on this tertIffeale does not Confer rIghfilo:tha dertifitaie:helder.inlieu.of such endoitomeni(0. PRODUCER , • cONTACT. • . Mark Heberden NAME:! . . .. . . . . Huntington.PacthaIns Agency: . PHONE . .., /14'841,6283, • 7901 Professional Circle'- (NC.No.Exti; " • , , FAX iii,jr.714=.842,2 5 3 8 Hiintington'BeAch,.CA 92648 E-MAIL,'_ ' • ••— ADDRESS:mark@huntpacificinsurancexonT Markileberderi, INSURER(S)AFFORDING'COVERAGE NAIC ti . .„:: ••,-. INSURER A;At6Scrplus Insurance Company: Ineeeee, Perrentance:PiPeiine Tec.nneloliks.:Ing INSURER El;Oregon Mutual Insurance Co 14907 . ..GCHB,En SY terpristeilL01 INSURER ot•CarolinkGattialty:InStitanCe Co 10510. : " - — GeneGlaseburner' ., „... . INSURER 0; . ... . . . :5292Systern DriVe. , . ..,.., ,. , HuntIngton Beachz:CA 92649 ieetiktiti • . . . . . . iileulisAF: .. . _ :COVERAGES? .. . CERTIFICATE NUMBER: ' REVISION NUMBER:: THIS IS TO CERTIFY THAT THE INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSCREO:-NAMEOABOVEfOR THE POLICY PERIOD INDICATED.- HOTWOSTANNHp:ANYREQUIBEMENT;TERM OR Ok-ANY:CORTBACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE Is$LJED:,:p13.:m4y.PERTAIN;THE INSURANCE'.AFFORDED ily.'-me.:PoLic.K.s...D0'5CMEIEr? HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONSoFuckipoucle.s.'wfvuTs SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.. INSR - ADOL SUER .:,." . .__,•":* • POLICY EPP: ,POLICY,EXP: . . . "LTR TYPE OF INSURANCE . IN R WUD . POLICY NUMBER • . INIMIDDITYYYI (MM/OTNYYYY1 : LIMITS' :. .. . .. , . , . , GENERAL . .6dfibdotikR0i4CE . '1,090;000 .. . A X COMMERCIAL GENERAL:LIABILITY: , X X; Ers/Ip1,000011,1,06 '-11/21/2023 11/21/2024: PREMISES(Ealoccurrence), . . 'DAMAGE:TO RENTEO , ,„ 16006 OLAINISWAOE- X. OcOUR:: - MED EXPIAny ono pilsocij $:: 10,000 . , 'X Pollut 41Sbilitk, Emplaoopiii=og' -1.1492P; 1.-.1-1211,20,24, PERSONAL&AIN INJURY' A.00006 ,. - ' • --- 'X Prol•Lieb EMP18000111,06 11/21/2023 11121/2024, GENERAL AGGREGATE $: . ,2.i00,0;000:: GENL AGGREGATE Lialit:AppLiespart: 14RODUCTS=CaMP/OP,AGG. S., 2,000;00.0 —I POLICY ITc1H787 fl 100. SS O AUTmoDILiLIARILITY COMBINED,SINGLE LIMIT - '20001100 .,. .., (Ea'dOcidtnt) ' • t-,, • • . 1' E,I:: 'ANY AUTO. : X : Oill..1 ,.049 4030922248 1 V21 I 2q 3 11/2112024 ,14.opiLY'IN...iuRy(perm:ever. $ —SCHEDULED X Vit-rsOWNED.. •, AUTOS•-.:' BODILY INJUR`e.(per ateident) S ! , -.., ... ... $ ., NON-OVVNED PROPERTY DAMAGE - • •. . X NIF,ZEDALITuS AUTOS: : ,(PERACCIDENTI'''• . . : . . . $:. . „ . . ,UP:AIME4-A!:!AB )(' OCCUR' - .. . "EAPOCailikkiidE: • • 9,000,000• ..., A .x EXCESS LIAR .1: di.AiMs4ADE: EMX2109027:37,05.' '11/21/2023. 1141/2024 AGGREGATE , . „ S :5,000;000 DEO'I X RETENTIONSI ,none woRKERq.compEtismiati: MSTATU4•••1 OTH, : , ". I • , . : : • ..AND EMPLOYERS...LIABILITY' y-i'I 4,i !, .,, ...: 'ANY,PROPRIETOWPARTNERIEXEqUpW r—i pNpwcolos . TORY IMITS ER•• • . . U .08,.. ,o4ipiqpg4 0410,00t.•ELEAoi ACCIDENT a: ,i1,000,000. . . • - oFFicemEmeEn ptcpicEp-r, :• 1 1Ni A (M#odat.ory In NIA . . 'E.LOISEASE,,EXEMPLOYEE $ 1.,4!)0,0017 If vii,,clescribii under.. , .. . . • , ',• - ..<• • ' 'DESCRIPTION OF OPERATIONS below . :EL DISEASE.:POLICY LIMIT $ 1,060;000 • • -- - -. . • • - -- • . • • • " . •• . • . . . . , i.: . . ... DESCRIPTION OF OPERATIONS I LOCATIONS iVEHIOtIES.:iAttaoh•AdORD 10,Additional ReinatkiSeluidifiti,If more space Is required) The City city.pf",,,!tulit?_ngtoi9.:Beach, A:t.,4, officers,,ep,..e4ed or appon#ed officials zi. ; ., . .. . ' • •'. . 'AS. FOR - •,,, . qm.04:wee6,i.,agents'.*14:volunteers: are' nalfIez.d''4P a4dit4onal, insured' in _ienitittait4g.OVEP •TO' ,- - - . •- ji. to:the general liability And auto.:liabili.ty. All. opexatlene:. Please.see , : : • ••• -•• • attached additional insured 'endorsement•for ongoing•app/cpecale.te4 ape with primary vicirding. ,*:10...dAy•notice :of cAncellAtIO4 fitit,Acin,Ipaymenh::of pke,rni - -..... . .....,; ITV Ori4LATIA6TON BEACH . . M1 crr.14stAAITEO1 . . . CERTIFICATE HOLDER CANCELLATION • CITY012, ANY • SHOULD A OF•71.,11.E•ABQVIE Dg$PRIBED POLICIES BE CANCELLED BEFORE:. • THE EXPIRATION• DATE THEREQr,.•NOTICE WILL BE DELIVERED IN City of Beach t : : ,. ACCORDANCE. VOTN.Tlig.00-ItY PROVISIONS; . ' 2000 Main Street; Huntington Beach,CA92644, AOTHoRgEri,flEmEsENTATIo . .. I MALk . . „ . .. . . ®1988l;2010.APORD:'CORPORATION. All rights reserved. ACORO262040/051 'The ACORD name and lego'araregletere0 marks Of AcoRD t CCMMERCIAL Policy Numbeq,:.WP1.13,0001,1:14.',061. GENERAL LIABILITY CG 20 10 07.04 THIS ENbORSEMENT:OHANGEOTHEPOLICY: PLEASE READ IT CAREFULLY. ADDITIONAL INSURED,.OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorse,ment'modifies insurance provided uhdrthe.oIlQwing; COMMERCIAL GENERAL LIABILITY COVERAGE PART • SCHEDULE Name Of Additional Insured Person(s) Or Organization(S) Location(s)Of Coveeed Operations The c!VOtH4t)tinbtPt(Peach.:4,06004;!el:P*d,P, appointed officials;'emPldyees;.agerits and volunteers 200 Main Street Huntington.Beach;CA.92840 Information required to complete this Schedule if not shown above,will'be shown in the DatlatationsA . Sebtionlil.—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"orupereOnat and advertising-injury"cauted,in whole or in part by: 1:.Your acts:or omissions;or 2.The acts or omissions of those aotingorryour,behalf; in the performance of your ongoing operations for the additional irisured(s).4.the location(s), designated.above. B.With respect tixthe insurance afforded to these additional insurede,.thdfolloWing additional' excldsions This Insurance does not.apply to'bodily injtiry"or"property damage'occurring after: 1.All work,including materials,parts or equipment furnished in connection With such worls,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 :That portion of 'your work,'out of which the injury or damage arises has been put to its intended use hir:any person or organization other than another contractor or subcontractor engaged In performing'operations for a principal,as a part of the same project Policy Nimiber:: COMMERCIAL .CG 20 10 07 N • GENERAL,LIAdILITY' • dd-2037•.07.04, tHit..tNtitik$EiviENt.d.t4A.k6Ett0E :ADDITIONAL IN$URED:—:OWNERS--LESSEES OR. • CONTRACTORS—::COmPLETED ,OpERATION.S This endorsement modifies insurance provided under t*Top000d-;;: COMMERCIAL GENERAL LIABILITY.009ERAGEPART. SCHEDULE Name Of Additional!i*pt00:P0400(s) • !:0941001,NP#POtiOtf.P4:9f'PO,m010.0.0; CiPerations, The City of Huntington Beach,its officers,or appointed officials,employees,agents arid • • volunteers 200 Main Street Huntington Beach,CA 02048 . . . . . information required to complete this Schedule,if not shown 6biiiie,;•.ikillb6snown in the Declarations. Section Who•IV,!AwInsuted is amended to include as,.awacidition01:10P4r04.#iq oorton(0.0r- 01400[40006( ),$howkiti the Schedule,but only with respect injury"or damage"caused,in whole or in part, location 40sigoOte020004p4c0000tho schedule of 0:000001*otorr.o.tootfoftt*-04jtiois. initnoPotbchfct .., • operations hazard''. • • • • 37-07',0# ItaFikoperties,Inc.,1004. ..•• • POLICY NUMBER:EN101.8060i11....66 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement changes the Policy,. Please read it carefully. SCHEDULE Name of Person or OrganizatiOn: Any person(s)or organization(s)whom the Named Insured agrees in a written contract,to provide Primary and/or Non contributory status of this insurante. However,this status:exists only forthe project specified inthatcontract.. In consideration of the premium charged, it is hereby agreed that this policy shall be considered primary to any similar insurance held by,third parties in respect to work performed by you under any written contractual,agreement with such third party. It is further agreed that any other insurance which'the person(s) or org4nization(s).named in the schedule may have,is excess and.non-contributory to this insurance.. PGI EL 020 0210 Page.1 of 1 AMENDMENT NO. 2 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PERFORMANCE PIPELINE TECHNOLOGIES FOR SEWER, VIDEO INSPECTION, CLEANING AND REPAIR THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and PERFORMANCE PIPELINE TECHNOLOGIES. a Sole Proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated September 15, 2020 entitled"Service Agreement Between the City of Huntington Beach and Performance Pipeline Technologies for Sewer, Video Inspection, Cleaning and Repair" which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONTRACTOR wish to amend the Original Agreement to increase the amount of compensation to be paid to CONTRACTOR; NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Contractor an additional sum not to exceed Four Hundred Fifty Thousand Dollars ($450,000). The additional sum shall be added to the original not to exceed amount.of Nine Hundred Thousand Dollars ($900,000) for a new contract amount not to exceed One Million Three Hundred Fifty Thousand Dollars ($1,350,000). 2. TERM The term of the Agreement is extended for one additional year until 23-13369/318236 1 September 14, 2024. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be 2.023 executed by their authorized officers on SEAi302- 1 , CITY OF HUNTINGTON BEACH, a CONTRACTOR, municipal corporation of the State of Ca , forni PERFORMANCE PIPELINE �j TECHNOLOGIES 141 Mayor By: �`� - INITIATED AND APPROVED &c.J4 �IA55 ✓,Jt{ rrt-S.Oar-- print name ITS: (circle one)Chairmanresiden ice President Director of Public Works AND APPROVED AS TO FORM: By: 2U*Y4V *pQQJX?/\/' AGI4A 5ec�elf a print name ITS: (circle one IMP hief Financial Officer/Asst. City Attorney Secretary—Treasurer REVIEWED AND ' 9PROVE1 111111111 City Manager Receive and File 440i, 9.414414.144d City Clerk 23-13369/318236 2 __ -1 PERFO-1 OP ID: 01 ACOR113r DATE(MMIO DIY W Y) � 09/05/2023 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 pollcy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Mark Heberden _ Huntington Pacific Ins.Agency HONE FAx 7901 Professional Circle c No,Eal):714-841 6283 (A/C,No):714-842-2538 Huntington Beach,CA 92648 /WORI6SS:mark@huntpacificinsurance.com Mark Heberden INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Axis Surplus Insurance Company INSURED Performance Pipeline Technologies,Inc INSURER s:Oregon Mutual Insurance Co. 14907 dba Sanitation Systems GCHB Enterprises, LLC INSURER C:Carolina Casualty insurance Co 10510 Gene Glassburner INSURER 0: 5292 System Drive INSURERS Huntington Beach,CA 92649 INSURER : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL 61kiR POLICY EFF POLICY EXP TYPEOF INSURANCE LTR INS WVD POLICY NUMBER )MMIODIYYYYI (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X EMP18000111.05 11/21/2022 11/21/2023 DA}dA.GETORENTED 100,000 pin 5E5(Ea.NTElarae) $ CLAIMS-MADE X OCCUR MEDEXP(Any ono porson) $ 10,000 X Poliut Liability EMP18000111-05 11/21/2022 11/21/2023 pERSONAL 6 ADV INJURY $ 1,000,000 X Prof Liab EMP18000111-05 11/21/2022 11/21/2023 GENERAL AGGREGATE $ 2,000,000 GENT_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —1 POLICY n 78T F LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2 000 000 (Ea eaiderd) $ r r B ANY AUTO X CMC CAC 5020922248 11/21/2022 11/21/2023 BODILYINJURY(Perparsm) $ X ALL OIANED —SCHEDULED BODILY INJURY(Per ecddert) $ SSNEO PROPERTYDAMAGE $X HIRED AUTOS XAUTO _jERACIIOFT) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LIAB CLAIMS-MADE EMX21000773-03 11/21/2022 11/21/2023 AGGREGATE $ 5,000,000 DED X RETENTION$ none $ WORHERSCOMPENSATION X TWSIATR- H- AND EMPLOYERS'LIABILITY Y f N C ANY PROPRIETORIPARTNER/EYECUTIYE BNUWC0159639 04/01/2023 04/01/2024 E.L.EACH ACCIDENT $ 1,000,000 NIA OFFICER/MEMBER EXCLUDED? y 1,000 000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ r II yes.doscnbe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) APPROVED AS TO FORM The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured in respects to the general liability and auto liability. All operations. Please see BY: CC/ attached additional insured endorsement for ongoing ops/completed ops, with /j primary wording. *10 day notice of cancellation for non-payment of premium. MICHAEL E. GATES l//// CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION CITY012 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City g ACCORDANCE WITH THE POLICY PROVISIONS, 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE t• `a�t �L �IHO O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Policy Number: EMP18000111-05 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 200 Main Street Huntington Beach,CA 92648 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. B.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. Policy Number: COMMERCIAL CG20100704 GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Corn pleted Or Organization(s): Operations The City of Huntington Beach, its officers, elected or appointed officials, employees,agents and volunteers 200 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. 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"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". CG20370704 © ISO Properties, Inc.,2004 Policy number: EMP18000111-05 COMMERCIAL Policy Number: EMP18000111-05 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract,to provide Primary and/or Non-contributory status of this insurance. However,this status exists only for the project specified in that contract. In consideration of the premium charged, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. PGI EL 020 0210 Page 1 of 1 • POLICY NUMBER:EMP18000111-05 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s)or organization(s)whom the Named Insured agrees, in a written contract,to provide a waiver of subrogation. However,this status exists only for the project specified in that contract. (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—COMMERCIAL.GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments'we make for Injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Insurance Services Office,Inc., 1992 r 2 BSP710966 JUST SMOGS EFFECTIVE: 10/20/2022 PROCESSED: 08/1G/2022 ç '\ OREGON MUTUAL INSURANCE COMPANY M2735ec(1-06�A,() BUSINESSOWNERS CALIFORNIA.-HIRED AUTO AND NON-OWNED AUTO LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Coverage Additional Premium A, Hired Auto Liability: INCL B. Non-Owned Auto Liability: INCL Information required to complete this Schedule,if not shown above,will be shown in the Declarations, A. Throughout this endorsement the term spouse (a) Employment by the insured;or means: (b) Performing duties related to the Spouse or a registered domestic partner under conduct of the insured's business; or California law. (2) The spouse, child, parent, brother or B. Insurance is provided only for those coverages for sister of that"employee"as a which a specific premium charge is shown in the consequence of Paragraph(1)above. Declarations or in the Schedule, This exclusion applies: 1. Hired Auto Liability (a) Whether the insured may be liable The insurance provided under Paragraph Al. as an employer or In any other Business Liability in Section II—Liability, capacity; and applies to"bodily injury"or"property damage" arising out of the maintenance or use of a"hired (b) with anyr repayoblig someoneon to share damagesho wiih.or repay else who auto"by you or your"employees"in the course must pay damages because of of your business. injury. 2. Non-Owned Auto Liability This exclusion does not apply to: The insurance provided under Paragraph Al. (i) Liability assumed by the insured Business Liability in Section II—Liability, under an"insured contract"; or applies to"bodily injury"or"property damage" (ii) 'Bodily Injury"arising out of and arising out of the use of any non-owned auto in in the course of domestic your business by any person. employment by the insured C. For insurance provided by this endorsement only: unless benefits for such injury 1. The exclusions,under the Paragraph B.1. are in whole or in part either Applicable To Business Liability Coverages payable or required to be in Section II--Liability,other than Exclusions provided under any workers a.,b.,d.,f.and i.and the Nuclear Energy compensation law. Liability Exclusion,are deleted and replaced by b. "Property damage"to: the following: (1) Property owned or being transported by, a. "Bodily injury"to: or rented or loaned to the insured; or (1) An"employee"of the insured arising out (2) Property in the care, custody or control of and in the course of: of the insured. M273560(1.06) Includes Copyrighted material or insurance Services Office,Inc.,with its permission 786BE,.FFA4 Page 1 of 2 2. Paragraph C. Who Is An Insured in (3) Any person while employed in or Section II—Liability, is replaced by the otherwise engaged in duties in following: connection with an"auto business", Each of the following is an insured under this other than an"auto business"you endorsement to the extent set forth below: operate; a. You; (4) The owner or lessee(of whom you are a b. Any other person using a"hired auto"with sublessee)of a"hired auto"or the owner of a "non-owned auto"or any your permission; agent or"employee"of any such owner c. For a"non-owned auto",any partner or or lessee; or "executive officer"of yours, but only while such"non-owned auto"is being used in your (�) Any person anyocurrentor organization for the o business; and conduct of or past partnership or joint venture that is not d. Any other person or organization,but only shown as a Named Insured in the for their liability because of acts or Declarations, omissions of an insured under a., b. or c. D. The following additional definitions apply: above. 1, "Auto Business"means the business or None of the following is an insured: occupation of selling,repairing,servicing, (1) Any person engaged in the business of storing or parking"autos", his or her employer for"bodily injury"to 2. "Hired Auto"means any"auto"you lease, hire, any co-"employee"of such person rent or borrow.This does not include any"auto" injured in the course of employment,or you lease,hire, rent or borrow from any of your to the spouse,child,parent, brother or "employees"or members of their households,or sister of that co-"employee"as a from any partner or"executive officer"of yours. consequence of such"bodily injury",or repay3. "Non-Owned Auto"means only those"autos" with or for any obligation to share damages someone else who must you do not own, lease,hire, rent or borrow that pay damages because of the injury; are used in connection with your business. This (2) Any partner or"executive officer"for includes"autos"owned by your"employees", any"auto"owned by such partner or partners(If you are a partnership), members(if officer or a member of his or her you are a limited liability company), or members of their households but only while used In your household; business or your personal affairs. M27356C(1-06) Includes Copyrighted material of Insurance Services Office,Inc.,with Its permission 7601987.FRH Page 2 of 2 CMC CAC 5020922248 PERFORMANCE PIPELINE EFFECTIVE; 11/21/2022 PROCESSED: 09/28/2022 COMMERCIAL AUTO CA 04 4911 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance—Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carder This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other Insurance available to an"insured"under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1, Such"insured"is a Named Insured under an"insured"under your policy provided that: such other insurance; and 1. Such"insured"is a Named Insured under 2, You have agreed in writing in a contract or such other insurance; and agreement that this insurance would be 2. You have agreed in writing In a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "Insured". any other insurance available to such "Insured". CA 04 4911 16 ©Insurance Services Office, Inc.,2016 Page 1 of 1 170731.FNd AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PERFORMANCE PIPELINE TECHNOLOGIES FOR SEWER, VIDEO INSPECTION, CLEANING AND REPAIR THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and PERFORMANCE PIPELINE TECHNOLOGIES. a Sole Proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated September 15, 2020 entitled"Service Agreement Between the City of Huntington Beach and Performance Pipeline Technologies for Sewer,Video Inspection, Cleaning and Repair" which agreement shall hereinafter be referred to as the"Original Agreement," and CITY and CONTRACTOR wish to amend the Original Agreement to increase the amount of compensation to be paid to CONTRACTOR; NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Contractor an additional sum not to exceed Two Hundred Thousand Dollars ($200,000) per year for any one year. The additional sum shall be added to the original not to exceed amount of One Hundred Thousand Dollars ($100,000) for a new contract amount not to exceed Three Hundred Thousand Dollars ($300,000) in any one year. The total three year aggregate shall be increased not to exceed amount of Nine Hundred Thousand Dollars ($900,000). 21-9399/247306 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their authorized officers on April 8 , 2021. CONTRACTOR, PERFORMANCE PIPELINE TECHNOLOGIES 441, 9.4 City Clerk y g/,2/ BY INITIATED AN 0 - ' 'RO' ED C<- (_ C) S LJYPJ-< ✓ Ai / print name ITS: (circle one)Chaim. reside ice President Director o � orks ' . • AND ( REVIEWED AND APPROVED: By: pri name ITS: (circle one)Secret hief Financial Officer/Asst. City Manager Secretary—Treasur APPROVED AS TO FORM: :c/t) ity Attorney IV 21-9399/247306 2 -�1 PERFO-1 OP ID: MH A�O,RO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD 03/23/202121 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Mark Heberden Huntington Pacific Ins. Agency PHONE FAX 7901 Professional Circle (acc No,Eat):714 841-6283 (NC,No): 714-842-2538 Huntington Beach, CA 92648 ADDRESS:marklehuntpacifucinsurance.com Mark Heberden INSURER(S)AFFORDING COVERAGE NAIL S INSURER A:Axis Surplus Insurance Company INSURED Performance Pipeline Technologies, Inc INsuRERB:Oregon Mutual Insurance Co. 14907 dba Sanitation Systems INSURER C:Kinsale Insurance Company 38920 Gene Glassburner 5292 System Drive INSURERD:Liberty Mutual Insurance Co. 23043 Huntington Beach, CA 92649 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IP LTRR TYPE OF INSURANCE ADDL SUER POLICY NUMBER (MM!DDY EFF M'YY) (MMIDDIYYYYY) LIMITS GENERALLIABILfTY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X EMP18000111-03 11/21/2020 11/21/2021 DAMAGE i O RENTeO 100,000 PREMISES(Ea occurrence) 8 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 X Pollut Liability EMP18000111-03 11/21/2020 11/21/2021 PERSONAL&ADVINJURY $ 1,000,000 X Prof Liab EMP18000111-03 11/21/2020 11/21/2021 GENERAL AGGREGATE $ 2,000,000 GENt AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY X JECT n LOC $ AUTOMOBILE LIABILRY COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ B ANY AUTO _ X CAC5007909613 11/21/2020 11/21/2021 BODILY INJURY(Per person) $ ALL OWNED X AUTOSULED AUTOS BODILY INJURY(Per accident) $ _ NON-OWNED PROPERTY DAMAGE $X HIRED AUTOS X AUTOS (PER ACCIDENT)) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000* C X EXCESS LIAB CLAIMS-MADE 0100133659-0 11/23/2020 11/21/2021 AGGREGATE $ 5,000,000* DED X RETENTION $ none $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER D ANY PROPRIETOR/PARTNER/EXECUT1VE Y Y NIA XWW61203109 04/01/2020 04/01/2021 E L EACH ACCIDENT $ 1,000,000 OFFIC(Mandatory In ER EXCLUDED? 04/01/2021 04/01/2022 E L DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City of Huntington Beach, its officers, elected or appointed officials, APPROVED AS TO FORM employees, agents and volunteers are named as additional insured in respects / to the general liability and auto liability. All operations. Please see J attached additional insured endorsement for ongoing ops/completed ops, with By: __ primary wording. *10 day notice of cancellation for non-payment of premium. �MICHAELE. GATES CITY ATTORNEY CITY OF HUINTINGTON BEACH CERTIFICATE HOLDER CANCELLATION CITY012 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 9264E AUTHORIZED REPRESENTATIVE HO I O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or OrganIzatIon(s): Operations The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers 200 Main Street Huntington Beach,CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. 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"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": CG20370704 © ISO Properties,Inc.,2004 Policy number: EMP18000111-03 COMMERCIAL Policy Number: EMP18000111-03 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s): Locations)Of Covered Operations The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers 200 Main Street Huntington Beach, CA 92648 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. B.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 fora principal as a part of the same project. Policy Number: COMMERCIAL CG 20 10 07 04 POLICY NUMBER: EMP18000111-03 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name.of Person or Organization: Any person(s)or organization(s)whom the Named Insured agrees, in a written contract,to provide a waiver of subrogation. However,this status exists only for the project specified in that contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Insurance Services Office, Inc., 1992 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s)or•organization(s)whom the Named Insured agrees,in a written contract,to provide Primary and/or Non-contributory status of this insurance. However,this status exists only for the project specified in that contract. In consideration of the premium charged, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. PGI EL 020 0210 Page 1 of 1 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PERFORMANCE PIPELINE TECHNOLOGIES FOR SEWER,VIDEO INSPECTION, CLEANING AND REPAIR 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 Pipeline Technologies, a Sole Proprietorship, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of sewer, video inspection, cleaning and repair. 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 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 Gene Glassburner, 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. 20-8836/233294 1 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"B." The total sum to be expended under this Agreement, shall not exceed One Hundred Thousand Dollars ($100,000)per year for any one year during the term of this Agreement, with a three-year aggregate total not to exceed amount of Three Hundred Thousand Dollars ($300,000). 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. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commend o,n, r /3;.20,20 , or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate in three (3) years, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. 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, date 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. 20-8836/233294 2 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 of 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, 20-8836/233294 3 the aggregate limit must be no less than 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 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 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. This 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. 20-8836/233294 4 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. 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 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. 20-8836/233294 ,5 16. Assignment Inasmuch as to 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 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: Contractor: City of Huntington Beach Performance Pipeline Technologies Attn: Chris Davis Attn: Gene Grassburner 2000 Main Street 5305 Industrial Drive Huntington Beach, CA 92648 Huntington Beach, CA 92649 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. 20-8836/233294 6 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 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 Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 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; 20-8836/233294 7 • 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. 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,through 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. 20-8836/233294 8 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 non-prevailing 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. Governing 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 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. 20-8836/233294 9 35. Effective Date This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Performance Pipeline Technologies Cali rnia By: CL- City Manager Gtnit, C3 SSb LN4*cf ED AND • ' ' •OVED: print name ITS: (circle one)Chaim. reside ice President AND Director of Public Works APPROVED AS TO FORM: By: Ikk." 4 1.11:11 print name 44City Attorney ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer Date RECEIVE AND FILE: ZM,udJ4u)G2 City Clerk Date //Sl.?Q<`'d 20-8836/233294 10 <4ot • i I IXHIBExhibit A IT A GENERALRVICE AGREEMENT (City of San Buenaventura and P rtormance Pipeline Technologies) SCOP, OF SERVICES Licensing and Professional Certifi•ation Required, NASSCO PACP and ITCP-CIPP certiflcatio s • ISO certified-or demonstration of similar qu:lity assurance system in place General Specifications • Overview The City of San Buenaventura (City) is so citing proposals of contractors to perform sewer line rehabilitation via Cure-in-Place Pipe (CI P) method and Closed-Circuit Television (CCTV) inspections as needed.The City has 311 mi -s of Sewer Collection Systems pipes ranging in sizes from 6 inches-46 Inches, and a Stormwater ollection System of 114 miles with pipe size ranging from 12 inches-60 inches. : It is the intent of this section of these Spec ications to provide for the'reconstruction of pipelines and conduits by the installation of a resin-inj'regnated flexible tube that Is either inverted or pulled into the original pipeline/conduit and expand-d to fit tightly against said pipeline by the use of water or air pressure. The resin system shall th be cured by elevating the temperature of the fluid (water/air/UV light) used for the inflation to sufficient enough level for the initiators in the resin to affect a thermosetting reaction. • Safety All work conducted by the contractor and ; representative shall conform to current applicable California Occupational Safety and Health Administration (CAL-OSHA) laws and regulations. Contractor shall maintain safety certification and provide city with copies of training records. A18-00847 F:IRF9 RFP Package May 2009 Forward\P-130000576 S i•Lining Services for Water and ES\GSAIGSA Performance Pipeline.docx 12 of 41 pki • ( Exhibit A — , F pi, Contractor must provide that staff has curl-nt confined space and hazardous materials training, Contractor must provide Personal Protect' .e Equipment (PPE) to staff as needed for working conditions. i Contractor must strive to maintain good pus icrelations at all times. The work must be conducted in a Manner, which will cause the least pos-able interference and annoyance to the public. Work must be performed by competent employes and :supervised by an experienced, foreman or supervisor. Accident Reporting Contractor shall immediately notify the City';.f any accident, regardless of whether or not injury or damage is evident, involving the contractor,- staff, vehicles, or equipment while on the work site. Contractor shall take photo documentation •f.damage.and immediately report to appropriate City contact, Contractor shall document any amage that exists before the onset of work. The Contractor shall take photographs of existin! .damage and report to appropriate City contact prior to commencing any work. Any damage ea -ed as a result of the Contractor's actions shall be the sole responsibility of the Contractor to repel'`or pay In full for damages, Traffic Control Contractor shall provide and maintain all $ doper traffic control devices required for the assigned work per the latest edition of the State of California's Manual of Uniform Traffic Control Devices (MUTCD). i If a lane closure is necessary, contractor a III notify the appropriate City contact at least seventy- two (72) hours prior to commencement of ork. A Traffic Control Plan must be submitted to the City Traffic Engineer forty-eight(48)hours •.llor to the commencement of the work. If Parking is to be prohibited during work"No'Parking"signs shall be posted seventy-two(72)hours prior to work commencing. i Qualifications The system proposed (materials, methods, ,orkmanship).must be proven through previous successful installations to an extent and net 're satisfactory to the City. and the Engineer that is commensurate with the size of the project.bl ing proposed. Since CIPP Is intended to have a 50- year design life,only products deemed to h e,this performance will be°accepted. For an Installer to be considered Cornme 9 ally Proven, the Installer must satisfy all insurance, financial, and bonding requirements of t li z city, and must have at least three years active experience in the commercial Installation of a product bid.The Installer's key personnel shall have AIB-00647 F:IRFBRFP Package May 2009 Forwerd&P-130000576 S 1. Lining Services for Water and ESIGSAIGSA Performance Pipeline.docx 13 of 41 Exhibit A at least 100,000 linear feet and/or 300-Ii a sections of successful experience (included in this experience shall be a sufficient quantity of ristallatlons in the sizes proposed for this project). Cure-in-Place Pipe Materials The tube shall consist of one or more layer- of a flexible needled felt or an equivalent nonwoven or woven material,or a combination of nonwo en and woven ma-terlais, capable of carrying resin and withstanding the installation pressures an, louring temperatures, The tube should be compatible with the resin system to be used on this prof=ct.The material should be able to stretch to fit irregular pipe sections and negotiate bends. • The tube should be fabricated to a s 'e that,when installed,will tightly fit the internal circumference and the length of the liginal conduit.Allowances should be made for the longitudinal and circumferential strething that occurs during placement of the • The tube shall be uniform in thickne and when subjected to the Installation pressures will meet or exceed the designed finish all thickness, • Any plastic film applied to the tube o what will become the interior wall of the finished CIPP shall be compatible with the re in system used,translucent enough that the resin is clearly visible, and shall be firmly bo ed to the felt material. • The tube shall be marked for distanc at regular intervals along its entire length, not to exceed 5 feet, Such markings shall a o Include the lining manufacturer's name or identifying symbol. The resin system shall be a corrosion resist nt polyester, vinyl ester,or epoxy and catalyst system that when properly cured meets the minim re-quirements given herein or those that are to be utilized in the design of the CiPP for this pro ct. Cure-in-Place Pipe Structural Requi ements The design thickness of the liner shall be arrip d at using standard engineering methodology.ASTM F1216,Appendix Xi,has such an acceptabl ethodology that may be used where applicable.The long-term flexural modulus to be used in the esign shall be veri-fled through testing.The long-term modulus shall not exceed.50%of the short-t value for the resin system unless the tube contains reinforcements. In the event that a re-inforc tube is utilized, the long-term flexural modulus shall be the percentage of the short-term modulu s determined by the above referenced testing. The layers of the finished CIPP shall be uni rmly bonded. It shall not be possible to separate any two layers with a probe or point of a knife bl e so that the layers separate cleanly or such that the knife blade moves freely between the layers f separation of the layers occurs during testing of the A18-00647 F:IRFB_RFP Package May 2009 Forward\P-130000576 S p Lining Services for Water and ES\GSAIGSA Performance Pipeline,docx • 14of41 Exhibit A field samples, new samples will be cut from he work.Any.reoccurrencemay be cause for rejection of the work. The finished CIPP shall fit tightly to the ho.t pipeline at all observable points and shall meet or exceed the minimum thickness established •y the design:process,The materials properties of the finished CIPP shall meet or exceed the fell° frig structural standards: . MINIMUM PHY.Si(-AL.PROPERTIES Property ASTM Test Polyester Filled Polyester Vinyl Ester Method Sy-em System System Flexural D790 4,5,ipsi 4,500psi 5,00001 Strength Flexural D790 250, FiOpsi 400,0000 300,000psi Modulus (initial) Flexural D790 125,QOOpsi 200.,000ps1 150,000psi Modulus (50 Year) Tensile D630 3,000psi 3,000psi 4,000psi Strength C 1• Installation f,f The CIPP shall be installed in accordanji with the practices giyert .in ASTM F1;216 (for direct inversion installations)or:ASTM Fl 743(for hulled-in-place installations),The quantity of resin,used for the tube's:impregnation shall be.sufficlen to fll;the volume:of air voids in the tube with additional allowances being made for polymerization. hrlhkage and the anticipated loss of any resin through cracks and irregularities in the original pipe ail,A vacuum impregnation process shall be used in conjunction with a roller system to achieve !uniform distribution of the resin throughout the tube. 4stream.and Temperature gauges shall bp placed the downstream ends of the reach being lined to monitor the pressurized fluid's (air o water) temperature. In addition to monitoring the temperature inside the tube., temperature .uges shall be placed between the host pipe and the liner at as many points as is practical to re° rd the heating that takes place on the outside of the liner. Curing of the resin system shall be as pert ie Manufacturer (Licensor) of the .CIPP product. The temperatures achieved and the duration of 1 lding'the pressurized fluid at those temperatures:shall be per the Manufacturer's(Licensor's)este I Shed procedures. The Contractor,when required, shall remo a all internal debris out,of the pipeline that will interfere with the installation of the CIPP:The City sha l:provide a dumpsite for all debris removed during the cleaning .operations. Unless stated otherw se, it is assumed that this site will be at or near the A18-00847 F:IRF6_RFP Package May 2008 Forward1P-130000576 91 c Lining Services for Water and ESIOSAiGSA Performance Pipeline.docx I 15 of 41 { Exhibit A sewage treatment facility to which the d ris would have arrived in absence of the cleaning operation.Any hazardous waste encounte d dur-ing this project will be considered as a changed condition. The Contractor,when required,.shall provi for the flow of sewage around the section,or sections, of pipe designated for rehabilitation. The b ass shall be made by plugging the line at the existing upstream manhole and pumping the flow in a downstream manhole or adjacent system.The pump and bypass lines shall.be of adequate cap "ty.and size to handle the anticipated flow.The City will require a detail of the bypass plan to be au. fitted; Experienced personnel trained in locating is reeks, obstacles, and service connections by close circuit television shall perform inspection If the pipelines, The interior of the pipeline shall be carefully inspected to determine the Iocatio of any conditions that may prevent proper installation of the CIPP into the pipelines, and it shall a noted so that these conditions may be corrected. A videotape and suitable log shall be kept for ater reference by the City. It shall be the responsibility of the Contra ;•r to clear the line of obstructions such as solids and roots that will prevent the insertion of CIPP. , pre-installation inspection reveals an obstruction such as a protruding service connection, dropp=d joint, or a collapse that will prevent the installation process, and it cannot be removed by conv.ntional sewer cleaning equipment,then the Contractor ' shall make a point repair excavation to ncover and remove or repair the obstruction. Such excavation shall be approved in writing by e City's representative prior to the commencement of the work and shall be considered as a sepa ate pay item, The Contractor shall make every effort to aintain service usage throughout the duration of the project. In the event that a service will be t:mporarily out of service, the maximum amount of time of no service shall be 16 hours for any p •perty served by the sewer. The Contractor shall be required to notify the City and all affected pr••erties whose service laterals will be out of commission and to advise against water usage until the ..ewer main is back in service.Such notification shall be provided to the Utility Department at least o e week prior to service disconnecting. A public notification program shall be imple dented, and shall as a minimum, require the Contractor to be responsible for contacting each ho . e or business connected to the sanitary sewer and informing them of the work to be conducte., and when the sewer will be off-line. The Contractor shall also provide the following: • Written notice to be delivered to eac home or business describing the work, schedule, ' how it affects them,and a local telep one number of the Contractor they can call to discuss the project or any problems that coul arise. • Personal contact and attempted writ n notice the day prior to the beginning of work being conducted on the section relative to e residents affected. • Personal contact with any home or b iness that cannot be reconnected within the time stated in the written notice. A18-00847 F:IRFB RFP Package May 2009 Forward IP-130000576 Sli Lining Services for Water and ESIGSAIGSA Performance Plpellne.docx 18at41 d t Exhibit A • • Quality Assurance Procedures The Contractor shali.prepare a sample'for e.oh installation of CIPP.The;sample.s shall be restrained samples for diameters of CIPP le s than 18'; and flat plate samples for diame-ters of CIPP 18"and larger.Theflat plate samples.•.hall.be taken directly from the:wet:out tube,clamped between flat plates,and cured in the dowrit i.e.The restrained samples shall be'tested for thickness and initial physical properties;flat late samples shall be.tested for initial physical properties only. In addition to physically sampling the finish CIPP,.the contractor shall p.ostrTV'the:completed work.The television inspection should be u:`.d.to,confirm tightness of the fit of the CiPP to the host pipe and to identify any imperfections..1 he finished.liner shall'be continuous over its entire length and be free from visual defects such: s foreign inclu-signs,dry spots, pinholes, and delemination. Closed Circuit Television (CCN).f.Y•.pection Services: Sewer sections shall be inspected by met-ns of remote CCTV. if a. blockage hampers the inspection of the sewer in one direction,the 'the Contractor shall attempt to complete the section by televising from the other manhole to co .plete the section.The Contractor must.immediately report the obstruction to the City or destsnated representative (hereinafter referred to as "Owner").All.CCTV.work•shall conform to Gi rrent NASSCO-PACP standards. CCTV inspections will be delivered entirely : electronic format. A. All PACP Header information:ah..I,be cgrnpleted in accordance with PACP Guidelines. In addition to randa p ry Header fields, additional fields are required as noted on theattached Header FI d Matrix. B. The documentation of the work all consist of PACP CCTV Reports, PACP database, logs, electronic report ' etc. noting important features encountered during the inspection.The speed of tra :I:.shall be slow•enough•to inspect each pipe joint, tee connection,structural deters inflitraVon and inflow sources, and deposits, but should not,at any time,be fa er than 30.f et per minute,.except.•as.noted otherwise in this document. C. The camera must be centered i •the pipe to provide accurate distance measurements to provide locati. s of features.in the sewer and these footage measurements shall be displayell and documented on the video.All PACP Observations shall be identified b' audio and on PACP log.All video must be A18.00647 • F:1RFILRFP Package May 2009 ForwardlP-130000676 811i Lining Services for Water and ESIeSAIGSA Performance Pipeline.docx _ • 17 of 41 Exhibit A continuously metered from man ole. The pipe should be clean enough to ensure all defects, features and observatk s are seen and logged. If cleaning is required, see NASSCO Performance Specification Guideline for Sewer Pipe Cleaning. D. Electronic reports must be crea d utilizing software compatibale with the City's current Asset and Maintenance anagement System(AMMS)with Lucity Inc.,such as GraniteNet or POSM 3 ; Availability Contractor shall be required to provide avail=bilit .within 15 days Y y of notification of CIPP needs.The Contractor is required,to coordinate all nee.ed efforts to complete the Job with the designated City representative.Any delays or modification i schedule must be communicated in writing (e-mail is acceptable)to the designated City represe .ative for approval. Clean Up Contractor shall remove all debris generated as work progresses. The street,parkway,and private property shall be kept clear of debris at all mes. It shall be the responsibility of the contractor to dispose of all waste debris,generated by th2- contractor, All debris from operations shall be cleaned U. each day before the work crew leaves the site. Areas are to be left in a condition equal to or bette than that which existed prior to the commencement of tree operations. Storm Water No material generated during work operatio . is permitted to enter any storm drain. The contractor is required to abide by the City of Ven ra Ordinance Chapter 8,600 Storm water Quality Management. Including all applicable Best anagement Practices (BMPs) for the duration of the contract. , Record Keeping Contractor shall maintain and provide rec ds and/or d associated drawings and/or videos of all repairs done to any City system., - Invoicing/Billing Invoicing for services rendered are require or proper payment, The work must be identified on the invoice. A18-00647 F:1RFB RFP Package May 2009 FonvardtP-130000578 Lining Services for Water and ESIGSAIGSA Performance Pipeline.docx 18 of 41 Exhibit A • Payment for the work included in this secti. will.be in accordance with the unit prices set forth In the proposal for the quantity of work pert:rmed. Progress payments Will be made on the work performed during that period. Term of Agreement • The term of this Agreement shall be one(1)year, commencing on July 1,2020, or the date both parties execute this Agreement(the"Effect'. e Date"), and ending June 30, 2021, Option to Extend for Good Performance:The City,with the.c sent of the Contractor,shall have the option for four (4)consecutive(1)one-year extensions, in: ccord.ance with the..scope of work and general terms and conditions of the General Services Agr ment.Any price increases or decreases shall be negotiated at time of contract.extension. Agreement Prices At any time during the course of this anticip.-ted contract,the City may alter the Scope of Work, • making changes to the duties and times'Ind sated, and/or adding or deleting facilities as deemed necessary.The City and contractor will neg o late changes to the contract.pricing accordingly. 0..i � I - j ; • A18-00647 F:1RFB_RFP Package May 2009 Forward\P-130000576 S Lining Services for Water and ESIGSAIGSA Performance Pipeline.docx R ' 19of41 Exhibit B 1 XHIBIT B 11 GENERAL B, RVICE AGREEMENT (City of San Buenaventura and P rformance Pipeline Technologies) SCHEDULOF COMPENSATION .w Manhole to Manhole Lining w/bypass 6" $ 52.00/LF Manhole to Manhole Lining w/bypass 8" $46.00/LF Manhole to Manhole Lining w/bypass 10" $ 50.00/LF Manhole to Manhole Lining w/bypass 12"-18" $ 125.00/LF Manhole to Manhole Lining w/bypass 20"-30" $215.00/LF Manhole to Manhole Lining w/bypass 1 32"-46" $ 280,00/LF Manhole to Manhole Lining w/bypass i 48"+ $285.00/LF • CIPP Spot Repair lining w/bypass 6" $2,850.00/5 foot section CIPP Spot Repair lining w/bypass 8" $ 3,150.00/5 foot section CIPP Spot Repair lining w/bypass 10" $ 3,450.00/5 foot section li CIPP Spot Repair lining w/bypass I 12"-18" $ 8,500.00/5 foot section CIPP Spot Repair lining w/bypass 20"-30" $20,000.00/5 foot section i CIPP Spot Repair lining w/bypass 32"-46" $ 25,000,00/5 foot section CIPP Spot Repair lining w/bypass r 48"+ $ 35,000,00/5 foot section CIPP Spot Repair lining w/o bypass I€ 6" $2,485.00!5 foot section A18-00847 111 i F:1RFS RFP Package May 2009 Forward\P-130000576 irp Lining Services for Water and ESIGSA\GSA Performance Pipeline.docx 4 20 of 41 4,' Exhibit B CIPP Spot Repair lining w/o bypass 8" $2,850.00/5 foot section CIPP Spot Repair lining w/o bypass 10" $3,150.00/5 foot section CIPP Spot Repair lining w/o bypass 12"-18" $6,500.00/5 foot section CIPP Spot Repair lining w/o bypass 20"-30" $ 17,250.00/5 foot section • CIPP Spot Repair lining w/o bypass 32"-46" $22,450.00/5 foot section CIPP Spot Repair lining w/o bypass 48"* :$32,450.00/5 foot section Reestablishing lateral connection $80.00/each CCTV Inspection Truck with 2-man crew $ 2,450;00/8 hour day High pressure jetting with 2-man crew ' $2,650.00/8 hour day Combination vector fetter with 2-man crew $ 3,250.00/8 hour day Mobilization $400.00 Emergency Service Fee $5Q0.00 Traffic Control Fee $1250.00/8 hour day ' e fl . kt{ A18.00047 F:IRFB RFP Package May 2009 Forward\P-130000576. H.Lining Services for Water and ESIGSAIOSA Performance Pipeilne.docx 21 or41 _ -- u PERFO-1 OP ID: 01 DATE(MMIDDIYYW) ,d►�oRv CERTIFICATE OF LIABILITY INSURANCE 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Mark Heberden ton Pacific Ins.Agency NAME: Huntington "°NE' 714-841-6283 FAX 714-842-2538 7901 Professional Circle PArc,A,7 Ext): AM (AM,No): Huntington Beach,CA 92648 IL Mark Heberden ADDRESS: mark@huntpacificinsuranCe'.COm INSURER(S)AFFORDING COVERAGE NAIC* INSURERA.Axis Surplus Insurance Company INSURED Performance Pipeline Technologies, Inc INSURERB:Oregon Mutual Insurance Co. 14907 dba GeneSanitation Systems INSURER C:MERCER INSURANCE COMPANY Ge Glassburner 5292 System Drive INSURERD•Liberty Mutual Insurance Co. 23043 Huntington Beach,CA 92649 INSURER E: INSURER F: 1 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADM S SH POLICY EFF POLICY EXP TYPE OF INSURANCE LTR IN R WVO POLICY NUMBER (MMIDD/YYYY) jMM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL,GENERALLIABLITY X EMP18000111-02 11/21/2019 11/21/2020 P°RE nisEs Eaooj Wince) $ 100,000 CLAIMS-MADE X OCCUR MEd Ex¢(Any one person) $ 10,000 X Pollut Liability EMP18000111-02 11/21/2019 11/21/2020 PERSONALSADVINJURY $ 1,000,000 X Prof Liab EMP18000111-02 11/21/2019 11/21/2020 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIESPER PRODUCTS:-COMP/OP ADO $ 2,000,000 POLICY' X ma- POLICY LOC $ AUTOMOBILE LIABILITY COMEND SINGLE LIMIT 2,000,000 (Ea aocrdent) $ B ANYAUTO X CAC5007909613 11/21/2019 11/21/2020 BODILY INJURY(Per person) $ — 'ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ ALITS X HIRED AUTOS X NON-OWNED (ERACCIDDAMAGE $ AUTOS 3 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000* C X EXCESS LIAB CLAIMS-MADE 27305798 11/21/2019 11/21/2020 AGGREGATE $ 5,000,000* DED X RETENTION$ none $ WORKERS COMPENSATION X TO Y LIM(rS T AND EMPLOYERS'LIABILITY Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVE XWW61203109 04/01/2020 04/01/2021 E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I I N rA (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $ 1,000,000 If yes describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,.Additional Remarks Schedule,if more spaceIs required) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured in resfll ED AS TO FORM to the general liability and auto liability. All operations. *10 day notice of cancellation for non-payment of premium. By: M HAEL E.GATES ' -" CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION CITY012 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD .001i0 NUM:W.:0018OOP 1'1-0 ,PPIYINIER,CIAk 4kik.l.gi*,.(1010tY' CG:24-10 07:04 T.141:4ENO.0464ENT'ONAN.O.E4'ME oLjóv PLEASE ii0)..7st*.tr0#1M-LY AbDiti.ONAL. iP4sURtoWERs ,LESSEES QR CONTRACTORS-SCHEDULED PERSON OR, 'ORGANIZATION T .0 r§p tri0 t ino0ifies ins uranoa:preyjde,d under thalOIlOwing; .P0900.014!-GENERAL IJABIIJTY00000 tAkt. Name Of.Additional Insured Person(%), • Or'Organization(s)': LocatiOn(s)Of:Covered:Operations Any,personMorownIzationM whom this:Named Insured'egi•eoe, in written Oontract.tita'rna:,es;aiti IAOlogiO*:jr4ifkitl• --10WPVer;this status" .forthalirOjeaspadifie.din thettohttedt. Infotr.t.000ft.reoait0O,to complete this Schedule if hot shown above will be shown in:the Declarations: ._ A,Oection-11 Who An Insure-0 is,amendedtolinclude as an additional insuredthe:iperson(p)or iorganization(s)shown in itl*50he#6,'0.4.011)4Witit'eo.oe'pt:05 liability for injury",'property damage"or'personaj 4fid2:40.00410trarli".'041100,.in whole or part, OY: i.YOUraOts Off OrniSSions;,Or `Z. The Ws Ct.tOrniSeiOnd,ftficge aaft4On,y.O014:behalf; the performance of your ongoing operations for the additional insured(s)at the location deeighte.c14.1209,e, ;.B,)/Vith respeoftotte insurance afforded fothese,additional insured's.,thaf011owing,additionalexclusions appI1y. This.insurance,does noteppIrto'!Podily,injury!",Qr"prOperty.Ola.maoeocourrino after: f: All work Including materials, parts orequipment Thrnishad in connection with such work, on the projpot Other than service) maintenance or repairs)to performed by Won behalf of Oa thgTQOAtrOit'Oftiv c(*..000.',004tiOff . has ti.:0011.r.d61410tOst''..0 .2:'That portion Ofur work' outof'whichAhe injury ordama9elatise5has,beerr putt),its, frt4nd001.ii§kl#any 00f00 or organization ttFier,fhan'�ilotkieF�contr�Gts�r`or�:sul5eoritraet©r .0Pg.40.0Jn POrfo.rf1160PdtOti.d.!*fOra'Priridii*Ils itqrttt#0441TWON.10.0.T. 'CO zo',lb:01 04 , • I ' Policy hunibet; 001.400111-0. ONgRAL, CO.20.37 0T04 THIS 000sgingi#:0-040 ati-ig 00W0.1 PLEA$E.4001T.PMErt)Ity.. AND ITIONALINOREOF—'.OWN LOS,.LE$$ E.,$ C . C.O:NTRACTO RS—'COMPLETEII OPERATIONS This endbrsemeritmodifie.s insurance.proyided,under the.fUbWIng OCIMME.ROIALGENERAL LIABILITY.00V.E048 PART Insiires1130f0pn(S.) Location AtidVeiriOtit;i4:0fCbtiirtileted Or - ' OtdgrifjOtiiitOlt pokratiOrit'. • Any geredn(t):.Orditenatidti.(e)WhOi theNO-ied Insured'0.dro:OS, an additional insured: -However;this:status exists. only for.the.projectspecified...in:that contract. Informationaequired-to.complefethie Schedui%if not:shown abovei.,will be hown in the.Declaratione, Section II—V0.14,1§-M,Ins4004,drriorrototf.',N include as an additional insured th0 petscri(e).or •-c).tvniztio shown..in the'.$0.hedtile,butionlymith respect to,liabillty:for"bodity injury"or property tiarnege4.causedi,in whole ofin part by'VOUr work9,at.the location designated andt described in the. chOJiUédfthi .eti`OlOrterhOtit.peitthi'ed,kiiqtiatcfditiotraLitfut9rd endinClded in the.'"prOOOot ,dbfitl0t0,1;f0,0t0Ori: i*zafti"., (14r .6 ISO Properties, inc1j04: PÔI hOffi.* 0401:00111,-0, cc RIMEOCIA1-