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HomeMy WebLinkAboutRon's Maintenance, Inc. - 2022-02-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RON'S MAINTENANCE, INC. FOR INSI'I:CTION AND CLEANING OF STORM DRAIN CATCH BASINS THIS AGREEMENT ("Agreement`) is made and entered into by and between the City of 1-luntington Beach, a municipal corporation of the State of California, hereinafter called "City," and Ron's Maintenance, Inc., a California Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of inspection and cleaning of storm drain catch basins. 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 Ronnie Norman, 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. 21-10556/2696383 I 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 Fifty Thousand Dollars($50,000.00) per year for any one year during the term of this Agreement, with a(3) three year aggregate total not to exceed amount of One Hundred Fifty Thousand Dollars ($150,000.00). 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 commence -2 / 22, or as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminate three years from commencement, 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. 21-10556/2696383 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 an\ 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 Cite 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 (S1.000,000) per occurrence. It' coverage is provided under a form which includes a designated general aggregate limit, 21-10556/2696383 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 tMillion Dollars (S I,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 Contractors 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, employ n ees, agents and volunteers` as additional insured o the endorsement. The above-mentioned insurance shall not contain a self' insured retention, "deductible" or anv 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. 2 1-10556126963 83 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 ol'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. 2 I-10556/2696383 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 Emnlovees 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 anv 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 I 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. Citv and Contractor may designate different addresses to which subsequent notices. cenificates 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 Ron's Maintenance, Inc. Attn: Mark Birchfield Attn: Ronnie Norman 2000 Main Street 11542 I-lorley Avenue Huntington Beach, CA 92648 Downey, CA 90241 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21-10556/2696383 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 shalt 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 ofwhich 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 Huntinkmm Bench Ciii, Charier Section 309. the City Attorney is the exclusive legal counsel for City: 21-10556/2696383 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 ofthis 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 Fluntington 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. 21-10556/2696383 8 30, Attornev'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 attorneys fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the non-prevailing party. 31. Survival Terms and conditions of-this Agreement, which by their sense and contest survive the expiration or termination ol'this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of'Calilornia. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each ol'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 partv'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. 21-10556/2696383 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a RON'S MAINTENANCE, INC. municipal corporation of the California INITIATED AND OVE By: ctor of Public Works y{�rJ• /IlU in?4't APPROVED AS TO FORM: �_. Pn n ITS: (circle one)(Chairman/President/ Vice President City Attorney AND VIEWED AND APPROVED: By: �iin� Print ITS: (circle one) ecre Chief Financial City Manage Officer/Asst. Secre ary- reasurer Receive and Pile�J - City Clerk 21-10556/26%383 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Inspection and cleaning of storm drain catch basins. H. CONSULTANT'S DUTIES AND RESPONSIBILITIES- See Attached Exhibit A C. CITY'S DUTIES AND RESPONSIBILITIES: 1. 2. D. WORK PROGRAM/PROJECT SCHEDULE: Surfnet Exhibit A EXHIBIT A RM[ CATCH BASIN AND STORM DRAM MADVIFNANCE SEA V ICES Cleaning Procedures: • Our field crews will implement appropriate traffic control measures that will be included in standard or customized traffic control plans. Working hours will be limited to 7:00 a.m. to 4:00 p.m., Monday through Friday, unless otherwise approved by the Contracting Agency. • Upon approach, we will visually inspect the condition of the catch basins; the legibility o1 "no dumping" signage/stencils; and note any build-up of debris outside the catch basin. Our staff will look for evidence of blockage or damage to the catch basin. Any damage will be reported to the Contracting Agency's representative within one (1) business day of discovery. • Field personnel will document all information from inspections/cleaning using RMI Catch Basin Maintenance form or forms supplied by the Contracting Agency. Information collected will be provided to the Contracting Agency within 30 days of completion of cleaning and inspection activities. • Our staff is trained to look for evidence of illegal dumping of hazardous wastes such as used oil and paint in the catch basin / storm drain system. Should our crews encounter these materials, they will immediately notify the Contracting Agency's representative. • We will document the condition of the catch basin prior to and upon completion of cleaning utilizing a digital camera with a time stamp. Photographs will be provided to the Contracting Agency's representative. All photographic images will be submitted to the Contracting Agency along with maintenance logs within 30 days of service completion date. • Waste shall be properly disposed of in accordance with all applicable Federal, State, and local regulations. We will provide the Contracting Agency with the total amounts of all waste removed from each round of cleaning. I If' y y� 1�-101 # __II i*,��710- Page 4 RMI CATCH BASM AND$TORN D"N MAINTENANCE SERVICES On-Going Inspections: • RMI will perform inspections of all identified catch basins during the months of October, January, and April �`��`�`��� ►,, :� (on an annual basis). • If authorized by the Contracting Agency, RMI will immediately clean _ any catch basins observed having blocked screen inlets, blocked screened outlets, or found to be 25% full of trash/debris (in accordance with Order No. R4-2012-0175 Part 9.h.iii.(2). • RMI will document inspection results on a Field Data Sheet along with providing any necessary photographic documentation. Vector/Rodents: • RMI will report to contracting agencies within 24 hours of discovering evidence of vector or rodent breeding/living activities in catch basins/stone drains. Confined Space Training RMI fully complies with all applicable State of California Occupational Safety and Health Administration (Cal/OSHA) and Public Works' Safety Requirements, while performing all catch basin and storm drain system maintenance activities. RMI is aware that entry into Permit-Required Confined Spaces, as defined in California Code of Regulations Title 8, Section 5157, may be required as a part of the work specified in the Scope of Work. RMI shall perform any required confined space entries in accordance with Cal/OSHA Confined Space Section 5156. 5157, 5158, Title 8 and CCR. Hazardous Waste Recognition RMI staff is trained and is familiar with recognizing signs of illegal dumping of hazardous materials such as used oil and paint in catch basins and the storm drain system. Upon discovery of illegal dumping of hazardous wastes, RMI staff will comply with the reporting and response procedures established by the Contracting Agency, which includes immediate telephone notification of staff. Page 5 RN41 CATCH BASIN AND STORM DRAIN MAINTENANCE SERVICES COMPANY AND TEAM EXPERIENCE PROJECT TEAM Our project team is comprised of recognized storm drain system maintenance experts, with more than 60 years of combined industry experience. Additionally, our team has the technical depth as well as training to address all of the City's storm drain cleaning and inspection needs. Mario Gudino Sr. — Project Manager Mr. Gudino is a strong asset to the Project Team and has over twenty-three (23) years of experience as a project manager. Mr. Gudino will supervise crews in performing catch basin cleaning and inspection services. Mr. Gudino's duties will include the following: On-site project supervision and project coordination; Inspect and clean CPS and filler units, Oversee work crews to complete all project tasks; Manage supplies and keep track business expenses; Responsible for knowing and abiding by local ordinances/regulations, and Generate reports of work completed and report to City staff contact. Mr. Gudino has more than eight (8) years of experience in cleaning CPS, APS, MRS, and FBI inserts and is certified in Confined Space Entry; First Response for Unusual and Hazmat Occurrences; Traffic Management; and is a Conlech Certified Maintenance Provider. Martin Pinedo Mr. Pinedo has more than sixteen (16) years of experience providing field support services on storm drain and catch basin cleaning and inspection projects throughout southern California. Mr. Pinedo's current duties include the following: Cleaning, inspection, and repair of catch basins; Conlech Certified Maintenance Provider; • Confined space entry recognition and awareness certification; Documenting catch basin cleaning and inspection information; and Traffic control measures implementation. Juan Diaz Mr. Diaz has more than nine (9) years of experience in the field providing support on well over 100 contracts. In addition, Mr. Diaz has five (5)years of experience in cleaning catch basins and catch basins equipped with CPS, APS, MRS and FBI inserts and has completed Certified in Confined Space Entry training and is a Conlech Certified Maintenance Provider. Mario Gudino Jr. Mr. Gudino has more than thirteen (13) years of experience in providing storm drain system inspection and maintenance services to municipal clients throughout southern California. Mr. Gudino has completed Certified Confined Space Entry training and is a Contech Certified Maintenance Provider. Page 6 RMI REFERENCES ('ATC11 BASIN A.41)STORM DRAIN MAINTFNANCE SERVICES CITY OF PARAMOUNT—ANNUAL CATCH BASIN INSPECTION AND CLEANING SERVICES Present CONTACT: It'1 CONTACT: Sarah Ho, Assistant Public Works Director 16400 Colorado Ave Paramount, CA 90723 1 Telephone Number: (562)220-2157 PROJECT DESCRIPTION: Annual cleaning and inspections of the City's 500+ catch basins. Los ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS—STORM DRAIN CLEANING SERVICES 1998 —Present CONTACT: Aki Gadim, Head Construction Inspector 900 S. Freemont Ave Alhambra, CA 91803 1 Telephone Number: (818)994-9964 PROJECT DESCRIPTION: On-going annual cleaning of 37,000 retrofitted and unmodified catch basins within Los Angeles County. RMI performs annual Dry and Wet season cleaning of unmodified and modified catch basins, documenting the amount of trash and debris removed from each basin; the condition of any trash excluder device; and re-stenciling catch basins (as necessary). • COUNTY OF ORANGE—ANNUAL CATCH BASIN INSPECTION AND CLEANING SERVICES 2013— Present r CONTACT; Ceaser Segura County of Orange Public Works • 222 E. Bristol St Orange, CA 92865-2714 ITelephone Number:(714)448-2924 PROJECT DESCRIPTION: Annual storm drain cleaning and inspection of the1250 retrofitted and unmodified catch basin/drop inlet structures. RMI performs inspection and cleaning services during the Wet and Dry seasons; documenting services with digital photographs; disposal of collected debris; reporting inoperable or damaged excluder devices; and re-stenciling catch basins (as necessary). CITY OF VENTURA—CATCH BASIN CLEANING SERVICES RD2013—Present CONTACT: Chris Palmeri, Public Works Supervisor City of San Buenaventura 501 Poll Street, Room 204 Ventura, Ca 93002-0099 )Telephone Number: (805) 652-4521 PROJECT DESCRIPTION: Annual cleaning of City's 1184 retrofitted and unmodified catch basins, services provided twice annually. Re-stenciling of catch basins as needed. Page 7 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 13. Travel Charges for time during travel are not reimbursable. C. Billint I. 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 tees 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) I-or 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 notity 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. 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 it, 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 !y GATEWAY WATER MANAGEMENT AUTHORITY 16401 Paramount Boulevard. Paramount, California 90723 REQUEST FOR PROPOSALS FOR MUNICIPAL STORM SEWER CATCH BASIN CLEANING (RFP 2020-01) CATCH BASIN CLEANING COST PROPOSAL FORM Company Name and Address: Ron's Maintenance Inc. P.O. Box 4562, Downey,CA 90241 Proposal pricing shall be based on a per catch basin costs and shall include the following work to be performed: Each Company shall inspect at regular intervals and clear all debris in catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract a minimum of one time between May 1 and September 30 of each year. In addition, the Comparry shall perform one inspection of all catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract during the months of October, January, and April. The Los Angeles MS4 Permit requires trash capture inserts be cleaned at regular intervals to maintain efficiency. The Company shall not perform repair, maintenance or other work that would require a Contractors License or the payment of prevailing wages. The Company shall report to the appropriate Contracting Agency any damaged catch basin screens and missing stenciling requirements. The Company shall report evidence of rodents and/or vectors breeding/living in the storm drain system to the appropriate Contracting Agencies within twenty-four (24) hours of discovery. The Company shall be responsible for developing and implementing traffic control procedures in accordance with California Manual on Uniform Traffic Control Devices (latest addition). The Contracting Agency may request written copies of Traffic Control Plans for collector or arterial streets, if necessary. The Company shall take a photo documenting the before and after conditions of all debris cleaning, from the same vantage points, in an amount not less than five (5) of each condition. All photos shall be at least 4 MP in quality, in .jpg format, labeled such that 4 is easy to identify each catch basin location and submitted with the invoice to the appropriate Contracting Agency. Proposal prices shall be guaranteed. Description Quantity Unit Unit Price Total ARS Catch Basin 1,000 each $25.00 $25,000.00 CPS Catch Basin 9,500 each $25.00 $237,500.00 AIRS&CPS Catch Basin 4,000 each $25.00 $100,000.00 Non-retrofitted Catch Basin 3,000 each $25-00 $75,000.00 Total $437,500.00 �'yti F L ti r✓' 07/30/2020 Authorized Signature Date RFP 2020-01 Page 18 I BYLAWS The matter of adoption of bylaws for the regulation of the affairs of the corporation was next considered. The Secretary presented to the meeting a form of bylaws which were duly considered and discussed. On motion duly made and unanimously carved, the following resolutions were adopted: RESOLVED: That the bylaws presented to this meeting and discussed thereat be, and the same hereby are, adopted as and for bylaws of this corporation. RESOLVED FURTHER: That the Secretary of this corporation be, and he hereby is, authorized and directed to execute a certificate of the adoption of said bylaws and to inset said bylaws as so certified in the book of Minutes of this corporation, and to see that a copy of said bylaws, similarly certified, is kept at the principal office for the transaction of business of this corporation. ELECTION OF OFFICERS The meeting then proceeded to the election of officers. The following were duly elected to the offices indicated after the name of each: Ron Norman, President and Chief Executive Officer, also Chairman of the Board. Ron Norman, Secretary Ron Norman, Treasurer Each officer so elected being present accepted his office, and thereafter, the President presided at the meeting as Chairman, and the Secretary acted as Secretary of the meeting. CORPORATESEAL The Secretary presented for approval of the meeting a proposed seal of the corporation, consisting of two concentric circles with the name of the corporation in the circle and the words and number in the of figures as follow: (S INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Public Works 2. Date: December 20, 2021 3. Name of contractor/permittee: Ron's Maintenance 4. Description of work to be performed: Catch Basin Cleaning 5. Value and length of contract: Less than $30,000 6. Waiver/modification request: Unable to include the word "volunteers" in specific naming of additional insured verbiage. 7. Reason for request and why it should be granted: City requires 'The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" listed as an additional insured on endorsements. 8. Identify the risks to the City in ap aiver/ ation: Low epa ment Head Signa uV I bate: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management Approved ❑ Denied Skpore Date 2. City Attorney's Office Approved ❑ Denied Signature Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources 1hl..P.nr SLIM `— v .'nAnh01 14 AC-M nu Waiver Procedure To request a waiver, indicate here and provide a brief description( I —2 sentences)of the proposed work/project,its dollar value(if not a specific dollar amount,use an average,annual estimate or non-profit)and projected timeframe(per job or ns-needed basis). For substantial dollar deductibldSIR amounts,a financial statement is required (Balance Sheet, Budget Reports,Dun&Bradstreet Report,etc.). Waiver Requested: i?1V i/I<.�- Gy�ir1GG 4!Y_�t1�'Q1L(/_21Q�Li_?Llrrl�_T v��G✓l�Cf� �%� Encroachment Permit❑ Private Property Work Permit[) Consultant Services❑ Other: Proposed Work: Dollar Value: Projected Timeframe: •�1 RONSMAI CERTIFICATE OF LIABILITY INSURANCE DA;y78f2021 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 INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED,the policylles)must have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certBlcate does not confer rights to the cartiflc ate holder In lieu of such endorsements. vaaoucER 562-869-3016 JJWCT CAPIZZI INSURANCE Capizzi Insurance Aggency, Inc. 662-869-3016 FAX 662-i23-g74 License No. OB45329Ma P.O. Boa 409 LES@CAPIZZIINSURANCE. Downeyy.CA 90241-0489 - CAPIZZI INSURANCE INAMAIRAFfOR00#9 CONERAQ •COLONY INSURANCE CO 39993 _ bbWW�� ,CALIFORNIA AUTOMOBILE INS 30342 I��gj� "JlbE - -_ INSURFR E: -- COVERAGES CERTIFICATE NUMBER; VI N MBEW THIS 15 TO CERTIFY THAT THE POI ICIFS OF INSURANCE t ISTFD 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 WINCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE. POI ICE S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POE ICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFF PoLIGY F3P uJ X COMMERCIAL DENER(A�E L�N ITY �BE� 1,000.000 CLAIMS MACE 1 1OCCUR X GL 0015362-05 09107/2021 09fg7f2022 IORIENTED -100,000 MFD€AP I"arR 6,D00 101101000 AO UNIT PER: cFNF 2,000.000 POLICY NAM JBCT LOC PRODUGT9III Z 0,000 OTHER 2 MAX AGG 5.000,000 B AtFlar LSIamm COMBINED E LIMIT 1,000,DOB X ANY �AALqLTO X BA"0000047662 10/21/2021 10(2112022 OWLY IMIVRY N/r _. ONLY AUTOS to BOOLYINAIRY _ X zScla.Y M A"Bfb�ZfF76 R $'d1"E'E A IIIMllA Lela X OCGR EACH OCSUR 000,000 X ppa{LIAs q� S4247342 0910712021 09107/2022 AC WR TE 3,D00,000 DED 1 IRETUMMS_ R II �ll7EY r! 5TAi UI AoNYF�E Arm dRNF r MIA L L LAC"Arg NT S AA l E L pSLASL LA FMKOYEF u ND mwrOFO :;C RAT DFSCRiP nON Of OPE RATN]rIS I LOCATIONf I VEHICLE! IACORO Let,Ae�IeAM RErrwEE aCn.aw,r,RY a wFEcMG R maR rqw N npWn11 row JOB: VARIOUS LOCATION THROUGHOUT THE CITY OF HUNTINGTON BEACH,THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS EMPLOYEES Am"Op rVE�_- , AND AGENTS ARE NAMED ADDITIONAL INSURED INCLUDING PRIMARY NOW-CONTRIBUYORY - COVERAGE AS REQUIRED BY WRITTEN CONTRACT PER FORMS CG 20 12 04113, CG 20 37 T.(: 04113; CG 20 01 04113 AND MCA86100817-CA. COVERAGE IS SUBJECT TO POLICE !!Y� ALL Civ ATV-111- �F i:Jlv(M4u'Oh'�= GrIfy CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SEPOA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED M CITY OF HUNTINGTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 2000 MAIN STREET HUNTINGTON BEACH,CA 9264E AUTIIORMEORFPRESENTATNF ACORD 25(2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HOIUERCODE RONSMAI PAGF.2 NOTEPAD. INSURF.D'SNAME RON'S MAINTENANCE OP ID: BE 12116f2021 FORMS, TERMS, CONDITIONS, AND EXCLUSIONS. 600 GL 0015362-05 ENDT. #001 EFF: 11/17/2021 POLICY NUMBER: 600 GL 0015362-05 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES AND AGENTS. 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 2. This insurance does not apply to: include as an additional insured any state or a. 'Bodily injury", 'property damage" or governmental agency or subdivision or political "personal and advertising injury'arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality, or 1. This insurance applies only with respect to b. 'Bodily injury' or 'property damage' operations performed by you or on your behalf included within the 'products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these However: additional insureds, the following is added to Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law. and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or agreement, the insurance afforded to such 1. Required by the contract or agreement; or additional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations, or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04 13 ®Insurance Services Office, Inc., 2012 Page 1 of 1 600 GL 0015362-05 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 'The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary. primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional Insured under your policy provided that: (1) The additional Insured is a Named Insured under such other insurance; and CO 20 0104 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY(BROAD FORM NAMED INSURED) II, EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE Vill. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR—DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO—COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCAS5100817-CA Includes copyrighted material of Insurance Services Office,Inc.,vdth Its Permission Page 1 of 6 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II-LIABILITY COVERAGE,A. Coverage, 1. Who Is An Insured,the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50%or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident"which occurred before you acquired or formed the organization. It. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE,A. Coverage, 1.Who Is An Insured,the following is added: e. Any "employee"of yours is an "insured"while using a covered "auto"you don't own, hire or borrow in your business or your personal affairs. III. AUTOMATIC ADDITIONAL INSURED SECTION 11 -LIABILITY COVERAGE, A. Coverage, 1.Who Is An Insured,the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or"property damage"occurs and that is in effect during the policy period is an "insured"for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured provision contained in Section 11. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION II -LIABILITY COVERAGE,A. Coverage, 1. Who Is An Insured, the following is added: g. An "employee" of yours is an "insured"while operating an "auto" hired or rented under a contract or agreement in that"employee's" name,with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II—LIABILITY COVERAGE,A. Coverage, 2.Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to$3,000 for cost of bail bonds(including bonds for related traffic law violations) required because of an "accident"we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the"insured" at our request, including actual loss of earnings up to$500 a day because of time off from work. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with Its Permisslon Page 2 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II—LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in-force covering all of your"employees". Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III- PHYSICAL DAMAGE COVERAGE,A. Coverage,4. Coverage Extensions, a. Transportation Expenses,is replaced with the following: We will pay up to$SO per day to a maximum of$1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses Incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" Is returned to use or we pay for its"loss". If your business shown in the Declarations is other than an auto dealership,we will also pay up to$1,000for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III—PHYSICAL.DAMAGE COVERAGE,A. Coverage, 4.Coverage Extensions,the following is added: C. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this coverage form for any"auto"you own, then the Physical Damage Coverages provided are extended to"autos"you hire,subject to the following limit: (1) The most we will pay for"loss"to any hired "auto" is$50,000 or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered"auto"you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions,3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCAS5100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE. C. Limit of Insurance,the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the"loss"; (2.) Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties,Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan or lease;and (5) Carry-over balances from previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25%of the actual cash value of that insured auto at the time of the loss. XI. GLASS REPAIR—DEDUCTIBLE WAIVER SECTION III -PHYSICAL DAMAGE COVERAGE, 0. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible,the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived;or 2. If the applicable Business Auto deductible is not the smallest, It will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM,SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS,A. Loss Conditions, 2. Duties In The Event Of Accident, Claim,Suit,Or Loss,a., In the event of"accident", you must notify us of an "accident" applies only when the"accident' is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. copyright 2017 Mercury Insurance services,I.I.C. All rights reserved. MCABS100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with Its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV- BUSINESS AU 1-0 CONDITIONS,A. Loss Conditions,5.Transfer of Rights Of Recovery Against Others To Us,section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident"or "loss", provided that the "accident"or"loss" arises out of the operations contemplated by such contract.The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR,OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation,or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However,you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV—BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own: 1. Any covered "auto"you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your"employee" under a contract in that individual "employee's" name,with your permission,while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV—BUSINESS AUTO CONDITIONS, B.General Conditions, 5. Other Insurance,the following is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other Insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCA8S100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with Its Permission Page 5 of 6 XVIII. HIRED AUTO-COVERAGE TERRITORY SECTION IV- BUSINESS AUTO CONDITIONS, B. General Conditions,7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less;and (2) The "insured's" responsibility to pay damages Is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico,or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V—DEFINITIONS, C. "Bodily Injury' is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCASSIM817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 6 of 6 POLICYHOLDER COPY SC STATE 5 T ION P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-01-2021 GROUP: POLICY NUMBER 1430167-2021 CERTIFICATE ID: 108 CERTIFICATE EXPIRES: 07-01-2022 07-01-2021/07-01-2022 CITY OF HUNTINGTON BEACH SC 19001 HUNTINGTON ST HUNTINGTON BEACH CA 92848-2211 This is to certify that we have Issued a valid Workers' Compensation Insurance policy In a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled Prior to Its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate of Insurance may be Issued or to which It may pertain, the Insurance afforded dbby,the policy described herein Is subject to all the torms, exclusions, and conditions, of such policy. �!�n Authorised Repres0ntative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT A0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2021-06-02 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF HUNTINGTON BEACH ENDORSEMENT N2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT N2870 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2021-07-01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF HUNTIN13TON BEACH I i EMPLOYER RON'S MAINTENANCE,INC. SC 11842 HORLEY AVE DOWNEY CA 90241 IP18,HOj (REV.7-2014) PRINTED 11-18-2021