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AESCO - 2020-09-29
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND AESCO FOR TESTING AND INSPECTION SERVICES FOR CONSTRUCTION OF THE NEW SHELTER FACILITY 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 AESCO,hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated September 29, 2020 entitled"Professional Services Agreement Between the City of Huntington Beach and AESCO for Testing and Inspection Services for Construction of the New Shelter Facility"which agreement shall hereinafter be referred to as the "Original Agreement,"and CITY and CONSULTANT wish to amend the Original Agreement to reflect the following Sections are hereby added to comply with FEMA reimbursement Requests: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Eleven Thousand Eight Hundred Dollars ($11,800). The additional sum shall be added to the original sum of Fifty Five Thousand One Hundred Dollars ($55,100), for a new contract amount not to exceed Sixty Six Thousand Eight Hundred Dollars($66,800). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 20-9240/241379 1 IN WITNESS WHEREOF,the parties hereto have caused this agreement to be /executed by their authorized officers on � , 2020. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporatio a of AESCO California By: 4�� Kay alabed, President Director/Chief (Pursua MC§3.03.I00) print name ITS: (circle one)Chairman/PresidentNicc President APPROVED AS TO FORM: AND By: Ad-(--Pl.fif *4 CitrAtlKmey Adam Chamaa, Vice President print name Date ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer RECEIVE AND FILE: L � . City Clerk Date /aP-1.70 20-9240/241379 2 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND AESCO FOR TESTING AND INSPECTION SERVICES FOR CONSTRUCTION OF THE NEW SHELTER FACILITY 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 AESCO,hereinafter referred to as"CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated September 29,2020 entitled"Professional Services Agreement Between the City of Huntington Beach and AESCO for Testing and Inspection Services for Construction of the New Shelter Facility"which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to reflect the following Sections are hereby added to comply with FEMA reimbursement Requests: 30. GENERAL PRINCIPLES CONSULTANT shall,comply with generally accepted accounting principles and good business practices,including all applicable cost principles published by the Federal Office of Management and Budget(OMB), including 2 CFR 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance",which can be viewed at https://www.eefr.gov/cgi- initext—idx?tpl=/ecfrbrowse/Title02/2cfr200 main_02.tpl. CONSULTANT shall comply with all federal, State and other funding source requirements. CONSULTANT shall,at its own expense,furnish all cost items associated with this Agreement except as herein 20-9017/235647 1 otherwise specified in the budget or elsewhere to be furnished by CITY. CONSULTANT shall submit annually to the CITY a cost allocation plan in accordance with The Uniform Guidance, 31. COMPLIANCE WITH LAWS AND REGULATIONS CONSULTANT shall at all times perform is obligations hereunder in compliance with all applicable Federal, State, County, and local laws, rules and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. CONSULTANT shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. 32. EQUAL OPPORTUNITY CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap,medical condition, sexual orientation or marital status. 33. AFFIRMATIVE ACTION Each CONSULTANT and subcontractor of services and supplies employing fifteen (15) or more full-time permanent employees, shall comply with all Affirmative Action Programs required by Federal or State law. 20-9017/235647 2 34. NON DISCRIMINATION CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, physical or mental disability, political affiliation or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.0 200-d), Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.0 324), Section 504 of the Rehabilitation Act of 1973, The Civil Rights Restoration Act of 1987 (P.L. 100-209), Executive Order 12898 (February 11, 1994), Executive Order 13166 (August 16,2000), Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101 ), Article 9.5, Chapter 1, Part 1, Division 2,Title 2 (Section 11135, et seq) of the California Government Code,Title 9, Chapter 4, Subchapter 6 (Section 10800,et seq)of the CCR and California Dept of Social Services Manual of Policies and Procedures(CDSS MPP)Division 21. 35. BYRD ANTI-LOBBYING AMENDMENT CONSULTANT shall file Standard Form-LLL, "Disclosure Form to Report Lobbying," to certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. CONSULTANT shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by CONSULTANT or CONSULTANT's Subcontractors. In accordance 20-9017/235647 3 with 31 U.S.C. 1352, CONSULTANT shall also file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. CONSULTANT shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. 36. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq.). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 37. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES. AND LABOR SURPLUS AREA FIRMS CONSULTANT shall, in accordance with 2 CFR 200.321 -Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firm by: 20-9017/235647 4 a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 38. PROCUREMENT OF RECOVERED MATERIALS CONSULTANT shall comply with 2 CFR part 200.322. CONSULTANT shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other 20-9017/23 5647 5 contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to CITY upon request. 39. AUDIT AND INSPECTION CONSULTANT agrees to maintain and/or make available within the CITY accurate books and accounting records relative to all its activities under this Agreement. Authorized federal, State or County representatives shall have the right to monitor, assess, or evaluate CONSULTANT's performance pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. CONSULTANT assertions of confidentiality shall not be a bar to full access to the records. 40. AUDIT REQUIREMENT CONSULTANTs that expend $750,000 or more of federal grant funds per year shall also have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App.XI). 41. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 20-9017/235647 6 IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their authorized officers on 2q ,2020. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of AESCO California I By: Kay Alabed Director/Chief President (Pursuant To HBMC V03.100) print name ITS: (circle one)Chairman/President/Vice President APPROVED AS TO F RM: AND By: Adam Chamaa Adam Chamaa,P.E,G.E. City Attorney Secretery print name ate ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer RECEIVE AND FILE: City Clerk Date 20-9017/235647 7 CITY OF HUNTINGTON BEACH r Rider to Emergency Requisition Emergency Purchase Justification DATE: 9/8/2020 DEPARTMENT: Public Works REQUESTED BY: Ken Dills ITEM: Inspection and materials testing- Edison Community Center Rehabilitation -AESCO SOURCE: AESCO THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: ❑ There is great public calamity. ❑ There is immediate need to prepare for national or local defense. ❑ There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. ® An essential, departmental operation affecting the public health,,safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed services. ❑ Other EXPLANATION OF ITEM(S) CHECKED: See attached. THORIZATION Departm Head (3.03.080 (a)) D to Io 120 ial fficer(3.02.190 (b)) DatenLin(a! `t I City Manager bate Once signatures have been obtained, please forward original to the Purchasing Department—scan or copy to originating department. The homeless population is particularly vulnerable to COVID-19, as many individuals that are homeless are older adults and/or have underlying medical conditions. Many of the current CDC recommendations to prevent COVID-19 are difficult for the homeless to do. Currently,the City does not have a homeless shelter. Constructing a temporary homeless shelter is a necessary expense under Assembly Bill 89, Chapter 7, Section 11.90 (b)(d)(2)(B) in order for the City to reduce community spread throughout its general population by providing socially-distanced sleeping areas,meal services, and access to hygienic facilities for toileting, bathing, and handwashing for 174 homeless individuals. The facility will be designed according to current recommendations from the CDC's "Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)" ( https://www.cdc.gov/coronavirus/2019-ncov/community/homeless-shelters/plan-prepare- respond.html ) and HUD guidance "Specific Considerations for Public Health Authorities to Limit Infection Risk Among People Experiencing Homelessness" ( https://files.hudexchange.info/public/resources/documents/Specific-Considerations-for-Public- Health-Authorities-to-Limit-Infection-Risk-Among-People-Experiencing-Homelessness.pdf). PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AESCO FOR TESTING AND INSPECTION SERVICES FOR CONSTRUCTION OF THE NEW SHELTER FACILITY 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 referred to as "CITY," and , a AESCO hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform testing and inspection services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT•as follows: 1. SCOPE OF SERVICES CONSULTANT 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." CONSULTANT hereby designates David Ryan 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 CONSULTANT in the performance of this Agreement. 2 0-893 0/23463 5 agree/surfnet/professional svcs 50 to 100 05/19-204133 1 of 12 3. TERM; TIME OF PERFORMANCE Tithe essence of this Agreement. The services of CONSULTANT are to commence on 2020 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Fifty Five Thousand One Hundred Dollars ($55,100). 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," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 20-8930/234635agree/surfnet/professional svcs 50 to 100 05/19-204133 2 of 12 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT 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 (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. 20-893 0/23 463 5 agree/surfnet/professional svcs 50 to 100 05/19-204133 3 of 12 The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 20-8930/234635agree/surfnebprofessional Svcs 50 to 100 05/19-204133 4 of 12 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification 20-8930/234635agree/surfnet/professional svcs 50 to 100 05/19-204133 5 of 12 of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT 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. shall 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. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT'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. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. 20-8930/234635agree/surfnet/professional svcs 50 to 100 05/19-204133 6 of 12 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 20-8930/234635agree/surfnet/professional svcs 50 to 100 05/19-204133 7 of 12 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT'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 specified below. CITY and CONSULTANT 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 mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach AESCO ATTN: Ken Dills ATTN: David Ryan 2000 Main Street 17782 Georgetown Lane Huntington Beach, CA 92648 Huntington Beach, CA 92647 (714) 375-3830 17. 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 transaction or event. 20-8930/234635agree/surfnet/professional Svcs 50 to 100 05/19-204133 8 of 12 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, 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. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 20-8930/234635agree/surfnet/professional svcs 50 to 100 05/19-204133 9 of 12 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 20-8930/234635agree/surfnet/professional svcs 50 to 100 05/19-204133 10 of 12 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. 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. 28. ENTIRETY 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. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 20-8930/234635agree/surfnet/professional Svcs 50 to 100 05/19-204133 11 of 12 29. 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 AESCO Cali ornia F By: _4(!�� 0�—C-X-1 Kay Alabed, President City Manager print name WDire D AND APP VED- ITS: (circle one)Chairman/President/Vice President AND Public Works APPROVED AS TO FORM: By. Adam Chamaa,P.E,G.E. Adam Chamaa, Vice President/Secretary U print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. 4SCity Attorney Secretary—Treasurer Date RECEIVE AND FILE: 6�4� !i6? hwa4a� City Cle k Date 20-8930/234635agree/surfnet/professional svcs 50 to 100 05/19-204133 12 Of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Testing and Inspection services for the Cameron Lane Homeless Navigation Center. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The inspection and testing work will be for undergrounds utilities, concrete gutters, site walls, fire lane paving, parking lot and site paving. The consultant will also verify the installation of the hold down anchors and proof load test witnessing of the new"Sprung"based on the structural details. C. CITY'S DUTIES AND RESPONSIBILITIES: Project oversight and coordination with other trades. D. WORK PROGRAM/PROJECT SCHEDULE: September 24, 2020 through December 31, 2020 EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See attached Exhibit B B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT B �sr�l Cost Proposal Temporary Shelter Facility 17631 Cameron Lane Huntington Beach,California AESCO Project N6.1020030548846 September 9,2020 Code Item'. $/Unit Unit Quantity Total P100 Principal Professional Engineer $ 216.31 Hour 5 $ 1,081.55 P101 Senior Geotechnical Engineer $ 216.31 Hour 10 $ 2,163.10 P102 Project Engineer/Manager $ 190.97 Hour 24 $ 4,583.28 P105 Senior Staff Engineer(Anchor Proof Load of Tent) $ 140.86 Hour 40 $ 5,634.40 P116 Health and Safety Officer $ 231.76 Hour 10 $ 2,317.60 Pilo Data Processing,Technical Editing or Reproduction $ 77.25 Hour 20 $ 1,545.00 T150 Special Inspector(Reinforced Concrete,and Masonry) $ 136.90 Hour 48 $ 6,571.20 T159 Senior Asphalt Placement Technician $ 136.90 Hour 48 $ 6,571.20 T164 Senior Grading Inspector $ 136.90 Hour 40 $ 5,476.00 T166 Soils Technician $ 136.90 Hour 80 $10,952.00 U303 Technician for Specimen pick up,minimum 2 hours $ 95.00 Hour 16 $ 1,520.00 U304 Vehicle(Up to 100 miles) $ 65.00 Trip 26 $ 1,690.00 C400 6"x 12"Cylinder:Compression Strength(ASTM C39) $ 25.00 Test 32 $ 800.00 M511 Compression:2"x 4"Mortar Cylinders $ 45.00 Test 9 $ 405.00 M512 Compression:3"x 3"x 6"Grout Prisms,Includes Trimming $ 60.00 Test 6 $ 360.00 S600 Atterberg Limits/Plasticity Index(ASTM D4318) $ 120.00 Test 4 $ 480.00 S613 Maximum Density:Methods A/B/C(ASTM D1557 or D698,CTM 216) $ 175.00 Test 4 $ 700.00 S624 Sand Equivalent(ASTM 02419,CTM 217) $ 110.00 Test 2 $ 220.00 5625 Soil Classification(ASTM D2487) $ 25.00 Test 4 $ 100.00 S626 Sieve#200 Wash Only(ASTM D1140) $ 85.00 Test 4 $ 340.00 5629 Sieve Analysis Without Wash $ 90.00 Test 3 $ 270.00 A651 Extraction%AC by Ignition Oven(CTM 382) $ 145.00 Test 4 $ 580.00 A652 Gradation on Extracted Asph(ASTM D6507 andD5444,CTM 202,and CTM 382) $ 100.00 Test 3 $ 300.00 A654 Maximum Theoretical Specific Gravity(RICE)(ASTM D2041,CTM 309) $ 160.00 Test 1 $ 160.00 A657 Sieve Analysis(ASTM D5444 and C136) $ 85.00 Test 3 $ 255.00 Grand Total $ 55,075.33 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AESCO FOR TESTING AND INSPECTION SERVICES FOR CONSTRUCTION OF THE NEW SHELTER FACILITY Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents................................................................:..................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival..................................:..................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I CITY OF HUNTINGTON BEACH Rider to Emergency Requisition Emergency Purchase Justification DATE: 9/8/2020 DEPARTMENT: Public Works REQUESTED BY: Ken Dills ITEM: Inspection and materials testing- Edison Community Center Rehabilitation -AESCO SOURCE: AESCO THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: ❑ There is great public calamity. ❑ There is immediate need to prepare for national or local defense. ❑ There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. ® An essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed services. ❑ Other EXPLANATION OF ITEM(S) CHECKED: See attached. THORIZATION I �_��) 1 7 //0 aai�� Departm Head (3.03.080 (a))C- D to nLi aial fficer(3.02.190 (b)) Date t City Manager 15ate Once signatures have been obtained, please forward original to the Purchasing Department—scan or copy to originating department. The homeless population is particularly vulnerable to COVID-19, as many individuals that are homeless are older adults and/or have underlying medical conditions. Many of the current CDC recommendations to prevent COVID-19 are difficult for the homeless to do. Currently,the City does not have a homeless shelter. Constructing a temporary homeless shelter is a necessary expense under Assembly Bill 89, Chapter 7, Section 11.90 (b)(d)(2)(B)in order for the City to reduce community spread throughout its general population by providing socially-distanced sleeping areas,meal services,and access to hygienic facilities for toileting, bathing, and handwashing for 174 homeless individuals. The facility will be designed according to current recommendations from the CDC's"Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019(COVID-19)" https:/hwxvw.edc.gov/coronavirus/2019-neov/community/homeless-shelters/plan-prepare- respond.htnil)and HUD guidance"Specific Considerations for Public Health Authorities to Limit Infection Risk Among People Experiencing Homelessness" https://files.hudexchange.info/public/resources/documents/Specific-Considerations-for-Public- Health-Authorities-to-Limit-Infection-Risk-Among-People-Experiencing-Homelessness.pdf). DATE CERTIFICATE OF LIABILITY INSURANCE F13/2020(MMIDDrYYYY) 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(ies) 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 endorsements. PRODUCERNAM ONA T Laurie Brennan Hauck PHONE 7149654701 FAX Laurie9114 Adams Ave #182 E-MAIL brenco@aol.com Huntington Beach, Ca 92646 INSURERS AFFORDING COVERAGE NAIC# OC98533 INSLIgEgA Burlington Insurance Company NSLREU Aesco, Inc. INSURERB. Trumbull Insuranace 17782 Georgetown Lane INSURERC Houston Casualty Company Huntington Beach, Ca 92647 INSURER D:Sentinel Ins. Co (714) 375-3830 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 CONDITIONSOF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 5 P LI Y F LI Y EXP LIMITS LTR TYPE OF INSURANCE INs wv I X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2 OOO 000. CLAIMS-MADE El OCCUR $ 100 000. MED EXP(Anyone arson $ 5000 A X 154BW58508 6/24/2020 6/24/2021 PERSONAL B ADV INJURY s2,000,000. GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000. POLICY E]PEA F LOC PRODUCTS-COMP/OPAGG s2,000,000. ROTHER AUTOMOBILE LIABILITY M NED IN LELIMIT $1,000,000- Ea accident X ANYAUTO BODILY INJURY(Per person) $ ALLOWNEC SCHEDULED 72UECTQ7770 7�7�2 D207�7�2021 BODILY INJURY (Per accident) $ LB AUTOS AUTOS X A $ X HIREDAUTOS PI AUTOS (Per accident) X UMBRELLA LIAB FOCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ WORKERS COMPENSATION PERI ER TH- AND EMPLOYERS'LIABI UTY TAT T /ANY PROPRIETOR/PARTNER/EXECUTIVE 72WECKU6780 4/11/2020 /11/2021 E.L.EACH ACCIDENT $ 1,000,000 D OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-FA EMPLOYEE $ 1,000,000 Ifyes,describe under P I - MIT 1,000,000 DESCRIPTIONF P T' N iow C Professional Liab. HCC 1923509 DTyo9yzozo 1/09/2021 $2,000,000. Claim/Aggre DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedile,may be aftachedif more space is required) Certificate holder is named as an additional insured. APPROVED AS TO FORM By: CHA E. GATES CITY ATTORNEY CERTIFICATE City of Huntington Beach Department of Public Works SHOULD ANY THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I� THE EXPIRATION DATE THEREOF, NOTICE Vv1LL BE DELIVERED IN 2000 Main Street ACCORDANCE WITHTHE POLICY PROVISIONS. Huntington Beach, Ca 92648 AU9��EPRESENTI III ATIVE AU ©198A20T3 ACORD CORPORATION.All rights reserved. ACORD25(2013104) The ACORD name and logo are register marks of ACORD Policy Number 154BW58508 COMMERCIAL GENERAL.LIABILITY CG20370413 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location and Description Of Completed Operations Any owner, lessee or contractor with whom you Any and all of your locations and completed have agreed,in a.written contract,that such person operations or organization should be added as an additional insured on your policy,provided such written contract is fully executed prior to an "occurrence"in which coverage is sought under this policy. Any and all of your locations and completed Operations Information required to complete this Schedule,it not shown above,will be shown in the Declarations. A. Section li —Who Is An Insured is amended to B. With respect, to the insurance afforded to these include as an additional insured the person(s) or additional insureds,the following is added to Section organization(s) shown in the Schedule, but only III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contractor agreement,the most we will your work" at the location designated and pay on behalf of the additional insured is the amount described in the Schedule of this endorsement of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1• Required by the contract or agreement;or However: 2. Available under the applicable Limits of Insurance 1. The insurance afforded to such additional shown in the Declarations; insured only applies to the extent permitted by whichever Is less. law;and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured Limits of Insurance shown in the Declarations. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office„Inc.,2012 Pagel of 1 COMMERCIAL GENERAL LIABILITY Policy Number 154BW58508 CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHT'S OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurarce provided under the followi ng. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization with whom you have agreed,in a written contract to waive the transfer of rights of recovery against others to us,provided such written waiver is fully executed prior to an"occurrence"in which coverage is sought under this policy. Information required to complete this Schedule, 4 not shown above,will be shown in the Declarations_ The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery wemay 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 05 09 Oc Insurance Services Office,Inc„200E Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ.IT CAREFULLY. AMENDMENT -- OTHER INSURANCE (PRIMARY AND NON-CONTRIBUTORY COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule of Additional Insured(s): Any person or organization named in an Additional Insured endorsement attached to this policy with whom you have agreed, in a written contract,that such person or organization should be provided primary and non-contributory coverage,but only when such written contract is fully executed prior to an"occurrence"in which coverage is sought under this policy. A. Paragraph C. of this endorsement replaces However,this endorsement: paragraph 4. Other Insurance of Section IV- 1 Applies only when you are required by Commercial General Liability Conditions, but cohtrac#, agreement or permit to provide only with respect to the insurance afforded to the primary and non-contributory coverage for the additional insured(s)scheduled above. additional insured, provided such written B. Paragraph C. of this endorsement replaces contract, agreement or permit is fully executed paragraph 4. Other Insurance of Section IV- prior to an "occurrence" In which coverage is Products-Completed Operations Liability sought under this policy, and Conditions, but only with respect to the insurance 2. Does not apply to any claim, loss or liability afforded to the additional insured(s) scheduled due to the sole negligence of the additional above. insured. C. Otherinsurance Notwithstanding other valid and collectible All other terms and conditions of this Policy insurance available to the insured for a loss we remain unchanged. cover under the applicable Coverage Part to which this endorsement is modifying, this insurance is primary and non-contributory. IFG-G-0094 0317 Includes copyrighted material of Page 1 of 1 ISO Properties, Inc.,with its permission_ COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OFF CONTRACTORS -- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section If — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply:. operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1• "Bodily injury", "property damage" or "personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury "property damage" or "personal and surveying services,including: advertising injury"caused,in whole or in part,by: a. The preparing, approving, or failing to 1. Your acts or omissions;or prepare or approve, maps, shop drawings, 2, The acts or omissions of those acting on your opinions, reports, surveys,• field orders, behalf; change orders or drawings and specifications;or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; in the supervision, hiring, employment, training or and monitoring of others by that insured, if the 2. Will not be broader than that which you are "occurrence" which caused the "bodily injury" or required by the contract or agreement to "property damage", or.the offense which caused provide for such additional insured. the "personal and advertising injury", involved the _. rendering of or the failure to reader any A person's or organizations status as an professional architectural, engineering or additional insured under this endorsement ends surveying services. when your operations for that additional insured are completed. CG 20 33 04 13 Insurance Services Office, Inc.,2012 Page 1 of 2 i i 2. "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a.. All work, including materials, parts or Section ilt- Limits Of insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or, repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed;or 2. Available under the applicable Limits of b. That portion of "your work" out of which the Insurance shown in the Declarations; injury or damage arises has been put to its intended use by any person or organization whichever is less, other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. Page 2 of 2 0 Insurance services Office,Inc.,2012 GG 20 33 04 13 POLICY NUMBER: 72 UEC TQ7770 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following:. BUSINESS AUTO COVERAGE FORM A. Any person or organization. whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section 11-LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable_ Form HA 9913 01 87 Printed in U.S.A. POLICY NUMBER: 154BW58508 COMMERCIAL GENERAL LIABILITY CG 2010 0413 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(See IFG-1-0160) Any and all covered locations. 2000 Main Street Huntington Beach,CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" 'property damage" occurring after: caused, in whole or in part, by: 1. Your acts or omissions;or 1. All work,including materials,parts or equipment furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) covered operations has been completed;or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its intended use by any person or organization 1. The insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted by engaged in performing operations for a principal law;and as a part of the same project. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 04 13 0 Insurance Services Office, Inc.,2012 Pagel of 2 COMMERCIAL AUTOMOBILE HA99160312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.I. -WHO IS AN INSURED - of partnership or joint venture,formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto"while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile provide direct primary insurance for policy or would be an "insured" under the lessor and such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) The"auto"is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. -WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement,that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an"insured",but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or"property damage" caused injury" or"property damage"that results by the conduct of an "insured"under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered"auto." Paragraph A.1. -WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: ©2011,The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another 2 AUTOS RENTED BY EMPLOYEES person or organization be added as an additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011,The Hartford(Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc.,with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the"loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of"loss" less Coverage and if Comprehensive, Specified payments; amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to"autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto"is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to"loss"caused g, ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs BA - and excess provisions, we will provide coverage EXCLUSIONS - of SECTION III - PHYSICAL. equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired"auto" Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely if it results from an "accident", you are legally liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered"auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered"auto'; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs(1)and (2)above; or ©2011,The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident",the following applies: b,Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible,it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT,CLAIM, SUIT OR LOSS equipment(other than equipment designed The requirement in LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM, accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS that reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the time of"loss",is: an "accident"applies only when the "accident"is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company;or such equipment; (4) An executive officer or insurance manager,if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment; or If you unintentionally fail to disclose any hazards (3)An integral part of such equipment. existing at the inception date of your policy, we c.For each covered"auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "auto"to you. "bodily injury' or "property damage" is determined in a"suit,"the"suit"is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011,The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors to move the auto, or the internal combustion engine to charge one or more except as follows: electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto" for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid"auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto"at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011,The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 5 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 72 WEC KU6780 Endorsement Number: Effective Date: 04111/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: AESCO INC. 17782 GEORGETOWN LN HUNTINGTON BEAC CA 92647 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us i T f Countersigned by Authorized Representative Form WC 04 03 06 (1)Printed in U.S.A. Process Date:03/02/20 Policy Expiration Date:04/11/21 DOCUMENTATION OF COMPLIANCE WITH FEDERAL PROCUREMENT REQUIREMENTS FOR COVID-19 (SIMPLIFIED ACQUISITION THRESHOLD) TO COMPLETE WHEN PURCHASING GOODS AND/OR SERVICES <$250,000 DEPARTMENT Public Works PREPARER Ken Dills DATE 9/23/20 DEPT HEAD Sean Crumby DESCRIBE PURPOSE OF REQUEST: (Please describe how this request is related to the COVID-19 event) Materials Testing and Inspection at the Cameron Lane Homeless Navigation Center The homeless population is particularly vulnerable to COVID-19, as many individuals that are homeless are older adults and/or have underlying medical conditions. Many of the current CDC recommendations to prevent COVID-19 are difficult for the homeless to do. Currently, the City does not have a homeless shelter. Constructing a temporary homeless shelter is a necessary expense under Assembly Bill 89, Chapter 7, Section 11.90 (b)(d)(2)(B) in order for the City to reduce community spread throughout its general population by providing socially-distanced sleeping areas, meal services, and access to hygienic facilities for toileting, bathing, and handwashing for 174 homeless individuals. The facility will be designed according to current recommendations from the CDC's "Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)" ( https://www.cdc.gov/coronavirus/2019-ncov/community/homeless-shelters/plan-prepare-respond.html ) and HUD guidance "Specific Considerations for Public Health Authorities to Limit Infection Risk Among People Experiencing Homelessness" ( https://files.hudexchan eg info/public/resources/documents/Specific-Considerations-for-Public-Health- Authorities-to-Limit-Infection-Risk-Among People-Experiencing-Homelessness.pdf). 1. JDE Account Number: 24540001.82800 2. Method of Procurement: What procurement method was used? ❑ Micro-Purchase/P-Card (<$10,000) X Small Purchase ($10,000-$249,999) J Sole Source (Unique or public emergency.The justification for using this method should be thorough and detailed to support the organization's decision—please attach justification to this document if sole sourcing is used) 3. Contractor suspension or debarment check- Document that the selected contractor is not suspended or debarred by performing an exclusion search at https://www.sam.gov/SAM/pages/public/searchRecords/search.asf and including the search results. (Documents the search by selecting "Save PDF". The resulting report will include the search terms and results. Explain any results for similar names that showed up in the search. Your funding source may require you to check additional lists.) Is a copy of the suspension/debarment check attached to this document?(REQUIRED) X Yes Are copies of the quotes obtained attached to this document(applicable for purchases$10,000 and above)? ❑ Yes X No ❑ N/A Emergency Procurement per Municipal Code 3.02.190(b). SAM Search Results List of records matching your search for Search Term : AESCO INC* Record Status: Active No Search Results September 24,2020 12:16 PM https://www.sam.gov Page 1 of 1