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HomeMy WebLinkAboutEvolution Landscaping & Plumbing - 2022-02-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND EVOLUTION LANDSCAPING & PLUMBING FOR BUILDING CENTRAL PARK LAKE HUNTINGTON ELEVATED PATHWAY PROJECT TIIIS AGItEEMENT("Agreement') is made and entered into by and between the s City of Huntington Beach, a municipal corporation of the State. of California, hereinafter called "City," and Evolution Landscaping &Plumbing, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of landscaping and plumbing. 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 Salvador Ibarra, 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. 22-10863/274440 I 3. Comncnsation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed One Hundred Twenty Two ,rhousand Four Hundred Dollars ($122,400.00). 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 continence, 3 � �o�or as soon as practicable after the execution of this Agreement by City (the "Com encemenl Date") and terminate in three (3) years, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for perfornance 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 Dale, 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. 22-10863/274440 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 restating 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 there or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq, of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it wilt comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars (S 1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 22-10863n74440 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this I'roject/Service. 'this policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be c , 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 oJJicers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. 'rhe above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed aril accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold hamiless 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. 22-10863/274440 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, 4 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 properly 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 patties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 22-10863/274440 5 16, AssiLnment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code, 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 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. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Evolution Landscaping & Plumbing Attn: Denny Bacon Attn: Salvador Ibarra 2000 Main Street 18931 Gothard Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 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. 22-10863/274440 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 (lie intent of the parties or affect the construction or interpretation of any provision of this Agreement, 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. if any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, cacti of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Bench City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 22-10863/274440 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 3 efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction — Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. "this Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, pen-nits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22-10863t274440 8 30. Attorney's Fces In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. t 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22-[0863/294440 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 EVOLUTION LANDSCAPING municipal corporation of the State of & PL BING California By: V �wi • \ Mayor Print name ITS: (circle one) Chm airan`(6!sident/ Vice President City Clerk 8 AND By: Evp—I�.jr, -T-baaa INITIATED AND APPROVED: Pri e � ITS: (circle on ecreta- /Chief Financial Officer/Asst. Se reasurer Director of Public Works ?APPROVE4DFORIM: D AND PPROVED: tty Manage 22-I0863/274440 10 EXHIBIT "A" REQUEST FOR PROPOSAL FOR Central Park Lake Huntington Elevated Pathway Project Public Works Department CITY OF HUNTINGTON BEACH Released on March 4, 2020 Central Park Lake Huntington Elevated Pathway Project REQUEST FOR PROPOSAL (RFP) 1. 13ACKGIIOUND The City of Huntington Beach Public Works Department is seeking quotes for design and construction build in Central Park West for a new elevated pathway along eastside of Lake Huntington 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFP March 4, 2020 Job Walk March 11, 2020 @ IOam Deadline for Written Questions March 13, 2020 Responses to Questions Posted on Web March 19, 2020 Proposals are Due March 31, 2020 @4:00pm Tentative award April 2020 3. SCOPE OF WORK The design and construction build will focus on a raised walkway over a dirt and tree root path. Special attention require protection of the tree roots. Design shall include the use of a helical pile system supporting treated beams with appropriate stringers, blocking, diagonals and decking to be code compliant in all respects including requirements set forth by ADA. Length of walkway is estimated to be approximately 300 linear feet, 4 foot width and handrail on each side. 4. Qualifications The information requested in this section should describe the qualifications of the firm, key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: 1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work. 2) A summary of the your firm's demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal. 3) Provide at least five local references that received similar services from your firm. The City of Huntington Beach reserves the right to contact anv of the organizations or individuals listed. Information provided shall include: • Client Name • Project Description ♦ Project start and end dates ♦ Client project manager name, telephone number, and a-mail address 5. PROCESS FOR SUBMI"fTING PROPOSALS ♦ Submission of Proposals Complete written proposals mist be submitted electronically in PDF file format via the Planetbidr.com website no later than 4:00 p.m, (P.S.T) on March 31, 2020. Proposals will not be accepter/ after this cleaclline. Faxed at- e-mailed proposals will not be occepted. • Inquiries -Inquiries Questions about this 2FP must he directed via Planetbids.com no later then Mm-ch 13, 2020 @41nn Cathleen Serrano, Buyer C'ut6/ecn..Serrnna(iiisur(c•it P-h h.un��� From the date that this RFP is issued until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFP, except during the pre- proposal conference. Refer to the Schedule of Events of this RFP or the City webpage to determine if a pre-proposal conference has been scheduled. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. G. EVALUATION CRITERIA The City's consultant evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: A. Compliance with RFP requirements B. Understanding of the project C. Recent experience in conducting similar scope, complexity, and magnitude for other public agencies D. Educational background, work experience, and directly related consulting experiences E. Price F. References The City may also contact and evaluate the bidder's and subcontractor's references; contact any bidder to clarify any response; contact any current users of a bidder's services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The evaluation committee shall not be obligated to accept the lowest priced proposal, but shall make an award in the best interests of the City. 7. STANDARD 'I Ei RMS AND CONDITIONS ♦ Insurance Requirements City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidder must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix C. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security. Please carefully review the .Sample Agreement and Insurance Requirements before responding to the Request for Proposal enclosed herein. The terms of the agreement, including insurance requirements have been mandated by Cily Council and can be mortified only if extraordinary circumstances exist. Your response to the Request jor Proposal must indicate if you are uimvilling or unable to ereetae the agreement as drafted as well as providing the insurance requirements. The On, will consider this in determining responsiveness to the Request for Proposal. EXHIBIT "B" Evolution Landscaping& Plumbing Estimate # 10999 18931 Gothard St ' !; Huntington Beach, CA 92648 office@evolutionlp.com EVOLUTION IAAASCAPIIIG G PIug[illf ADDRESS SHIP TO City of Huntington Beach Justin Torres DATE TOTAL 2000 Main Street City of Huntington Beach 08/23/2021 $122,400.00 Huntington Beach, CA 92648 Huntington Beach Central Park 18381 Goldenwest St, Huntington Beach, CA 92648 REPRESENTATIVE LOCATION Fabian Ramirez Central Park Pathway PRODUCT/SERVICE CITY PRICE PER UNIT TOTAL Install 12" Sonaltube 66 0.00 0.00 - max 2' above ground for all Fill Sonaltube w/QUIKRETE High 0.00 Strength Concrete Mix Insert CB Galvanized Column Bracket in 66 0.00 0.00 Conrete Post Install Pressure-Treated Lumber 66 0.00 0.00 -4 in. x 8 in. x 10 ft - bolted w/galvanized lag bolts (3 in.) Install Pressure-Treated Lumber w/Joist 33 0.00 0.00 Hanger - 2 in. x8 in. x4ft Install Pressure-Treated Lumber w/Joist 66 0.00 0.00 Hanger - 2 in. x 8 in. x 10 ft. Install Pressure-Treated Lumber 660 0.00 0.00 - 2 in. x6 in. x4R - installed w/waterproof wood screw Install Pressure-Treated Lumber 132 0.00 0.00 -4 in. x 4 in. x 3 ft -bolted w/galvanized lag bolts (7 in.) Install Flat Pressure-Treated Lumber 165 0.00 0.00 - 2 in. x 6 in, x 12 ft. -installed w/waterproof woad screw Install Flat Pressure-Treated Lumber 55 0.00 0.00 - 2 in. x 4 in. x 12 ft. - installed w/waterproof wood screw All material is guaranteed to be as specified.All alterations or deviation from the above specifications Involving extra costs will be executed ONLY upon written change order.The cost will become an extra charge over and above the estimate.The estimate does not include additional labor and materials which may be required should unforeseen problems arise after the work has started. PRODUCTISERVICE QTY PRICE PER UNIT TOTAL JOB TOTAL 1 118,600.00 118,600.00 Architecural Fees 1 3,800.00 3.800.00 TOTAL $122,400.00 THANK YOU. Accepted By Accepted Date All material is guaranteed to be as specified.All alterations or deviation from the above specifications involving extra costs will be executed ONLY upon written change order.The cost will become an extra charge over and above the estimate.The estimate does not Include additional labor and materials which may be required should unforeseen problems arise after the work has started. A�Oe CERTIFICATE OF LIABILITY INSURANCE 1/25/p o: 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 pellcy(les)mint 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 time not confer rights to the certificate holder In lieu of such andorsement(s). VMoDucrn Adrian Lopes Valiant Insurance Agency, Inc. (714)243-4070 FA� �. Halm-wu Lic. SONO4649 sa:alopsa8valiantins.ca 2030 X. 4th St, Ste 2447 AFoocal coVEeAOE IMg0 Santa Ana CA 92705-3922 e1W A:N0 ton Specialty Insursuce Company 12936 iMe D almaems:Ca1 Auto Insurance Co. 38342 evolution Landscaping, � c:Natio l Union tiro Ina Co of Pita PA 19445 DBA: Svoluticrl Landscaping 4 Plumbing Ps11ReA 0:C st Ins. Co. 12177 10931 Gothard St. e. Huntington Beach CA 92648 [. COVERAGES CERTIFICATE NUIMBER:22/23 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 REOIRREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT W TH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICES.LIMITS SMOVO4 MAY HAVE BEEN REDUCED BY PAID CLAIMS. POIIIY F POUcV EW TtFI OF MUIMRCEAuto IC'f NUMBER N 111Ta X CaYMEA0AL0labWl llAalJn EALN OaUN1fl10E { 1,000,000 A gAaaLYAOE O°GCUR { 200,000 TLRn 106 11/27/2021 11/27/2022 MEg Em re 6 5,000 PFRSOIML a AW HAIRY { 1,000,000 OENL AGGREGATE IIMT APPLIES PER aFMERAIAOaREMIE { 2,000,000 POLIC', ❑Lac AppppVED A TO FORM PROWCIs OGIF,gPAog ` 2,000,000 R AIrTGMetl L"Un { 1,000,We B I By: 900ILY wMass,Ie Pwsae { AAtITOS �° m.o60sneo116T6 I4AHI/I9/2Y23 BOpLY aLAary IPe s6rTsa0 a NaH aAw[n TON nHwowTcls % tyros CITY l MlR'fTl f IRYfe60e1Ae,a1sra6[ a 1,000,000 ue6Rf 11A luIB % NOUN EACH OCgIRRENCE s 5.000.000 C x eXceYlw AGGREGATE S 5,000,000 °EgRETENTION If -.464121216 11/2'1/2W 1 1 11/27/2022 6 WOlanas COlemIMT1011 x Afro laelenlllf LMaartY YIN ANY PROPIfaiflRaeRTMFRRrnCUTM NIA E.L.EACH ACCmENT { 1 000 000 D OPftlayIMKREtttwf°l aNs"1100Y1 3/"2021 L1/2o21 INISIIsfleYal Rlq E.L FA FYPI.gYEE { 1 000 000 p lw Y rtlw RVn gNMiRJNS MION CL OIffA6E-POLaY IMIIi Is 1,000,000 elaCRa'110N OP OM11,L1MRn I1Ot11TXan I VlnrLla IACCM IH,AYIMn1i IYiu,Ee aelW W6,iY1 M INCMe II man apaaa H ny„InEj Re: City of Huntington Beach Resolution 2008-63 City of Huntington Beach, its officers, elected or eppe,intect of Clc.iel., employees, agent. and volunteer, are nand as additional insured as respects to general liability as required by rrittan contract per the attached CG2010 0704 and Completed Op , applies per attached CG2037 0704. Primary applies per attached TEM0215 0114. Auto Additional insured per the attached NCJL85100817-CA. 30 day notice of cancellation applies with 10 days for non-payment of preaiun. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Huntington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92646 AUTHORMle RemlMNIA" �, ,f'/ Kevin Markel/KEVT A\ Aw ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 i2olwl� POLICY NUMBER: TEN-27706 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Locations Of Covered Operations The City of Huntington Beach, its officers, elected or As Required By Written Contract appointed officials,employees,agents, and volunteers 2000 Main Street, Huntington Beach, CA 92648 Information required to complete this Schedule if not shown above,will be shown in the Declarations. A. Sectlon II — 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 equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: TEN-27706 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Namo Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations The Clty of Huntington Beach, its officers, elected As Required By Written Contract or appointed officials,employees,agents, and volunteers 2000 Main Street, Huntington Beach, CA 92646 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage" caused, in whole or in part, by"your work' at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 13 COMMERCIAL GENERAL LIABILITY Policy #TEN27706 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEN0215 01 14 PRIMARY AND NON-CONTRIBUTING INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM The following is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4: Section IV: Commercial General Liability Conditions 4. Other Insurance: d. Notwithstanding the provisions of sub-paragraphs a, b, and c of this paragraph 4, with respect to the Third Party as defined below, it is understood and agreed that in the event of a claim or "suit" caused in whale or in part by the Named Insured's negligence, this insurance shall be primary and any other insurance maintained by the additional insured named as the Third Party below shall be excess and non-contributory. The Third Party to whom this endorsement applies is: Absence of a specifically named Third Party above means this endorsement applies only to those third parties required to be named as an Additional Insured as Primary and Non-Contributory coverage specified in a written contract with the Named Insured under this policy, entered into prior to the"loss"or ,.occurrence". All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. TEN0215 01 14 Includes copyright material of Insurance Services Office, Inc. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement I 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 VIII. 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 XVIL 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. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with 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 ALItO 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 II -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 byyou 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$500 a day because of time off from work. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 2 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II—LIABILITY COVERAGE:, B. Exclusions,5. Fellow Employee This exclusion does not apply if you have workers'compensation insurance in-force covering all of your"employees". Coverage is excess over any other collectible insurance. VIL ADDITIONAL TRANSPORTATION EXPENSE SECTION III- PHYSICAL DAMAGE COVERAGE,A. Coverage,4.Coverage Extensions,a.Transportation Expenses, is replaced with the following: We will pay up to$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$1,000 for 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. Vill. 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. MCA13S100817-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 (S) Carry-over balances from previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 2S%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, D. 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,L.I.C. All rights reserved. MCA8510081TCA Includes copyrighted material of Insurance services Office,Inc.,with Its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV-BUSINESS AUTO CONDITIONS,A. loss Conditions, S.Transfer of Rights Of Recovery Against Others To Us,section is replaced by the following: S. 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[fired 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 ]eased, 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,I.I.C. 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. MIX. 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. MCARS10OR17-CA Includes copyrighted material of Insurance Services Office,Inc.,with Its Permisslon Page 6 of 6