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HomeMy WebLinkAboutOmni Enterprise, Inc. - 2022-05-05 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND OMNI ENTERPRISE, INC. FOR BEACH AND PARK RESTROOM JANITORIAL SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and OMNI ENTERPRISE, INC., a California Corporation, hereinafter referred to as "Consultant." WI-IEREAS, City and Consultant are parties to that certain agreement, dated May 5, 2022, entitled"Service Agreement Between the City of Huntington Beach and Omni Enterprise, Inc. for Beach and Park Restroom Janitorial Services" which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Fifteen Thousand Five Hundred Dollars ($15,500.00) per year. The additional sum shall be added to the original sum of Four Hundred Forty Six Thousand Dollars($446,000.00), for a new contract amount not to exceed Four hundred Sixty One Thousand Five Hundred Dollars ($461,500.00)per year for any one year(12 month period). 24-14116/332119 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on t ,2024. OMNI ENTERPRISE, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Californ' ere.2- print name ITS: (circle one)Chairma /Presiden Vice President Mayor AND 1041, 9A City Clerk .3/g,Czz/ — By: ';� t, •�-E tOert INITIATED AND PPROVED: prin •,me ITS:(circle one) r Chief Financial Officer/Asst.Secretary-Treasurer Director of Public Works APPROVED AS "' .ORM: ay tomey 24-14116/332119 2 ii, • I / ANCE 1 ACORiir • DATE(MMIDDTTYYr '6....por'"f•• CERTIFICATE Or LIABILITY INSUR . • • 12/00023 , .. . THIS CERTIFICATE.4000:As A,rviATtett OF. INFORMATION ONO AN CONFERSNO RIGHTS UPON 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:' lithe certificate holder is an ADDITIONAL INSURED,therpoliCy(ieS),Must have ADDITIONAL INSURED provisions or Be endorsed. If SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy,certain pelialea may require an andordernerit. A statement on this certificate does not confer rights.to the Certificate holder in lieu of such endorsement(s). 'PRODUCER 'CONTACT ' - • .. . - . NAME Prooressive Commercial Lines Customer and Astrl Servicing Legunii Paditiolliitirandt,Ine; PHONE - - I'm ' • 23,537 MOULTON PKWYAABUNA.HILLS.ICA.92653 •IA/C;NO,Exi1i1.800444-44ti7 E•MAIL - - t*ic No1: ADDREss;prooretsivaeomMeiblakgemall.progaissive.com . . . . . . „ INSUREBISI APiottiimb cbiENABE . NAtce . . . . . . INSURER AI Urilled•FitiariciatCasitaity COMbanv 11770 INSURED ' . . . INSUFiEn 0: OrnitErlerprisre•Inc: " . - .. .. 1420 E EdingerAve;Stine 225 INSURERC:. . . . . .. . . . Seale AneXA 92705 .INSURER:it INSURERS: . . INSURER Ft . . . . • _.. .- . • •• .. - COVERAGES , CERTIFICATE NUMBER;78017.0126718239885C140423T221940.. . , REVISION NUMBER:• . THIS IS TO ckgriei-ThAt THE'POLICIES OF INSURANCE LISTEb BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNoicAtto. 'Nolw!THSTANDINO ANY AgoOfREMENT. TERM OR ONPITION OF ANY CONTRACT OR 01HERDOMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS-SUBJECT TO ALL INC TERMS. ExpipsibkipAND CONDITIONS OF SUCH POLICIES,:Limits SHOWN MAY HAVE:OEgO REDUCED BY pAlb..C1.4104S, . INER AtIoL sues -_,_,• FoLICY E...Of POLIcV Exp LTR TYPE Oft INSURANCE DISCI WVD 'eoLIYT 40,413EN, (MMIDDAITY) tiemierwrIfio umirs , . . .._ cOmmEaciALCENERAL LINDLITY EACH OtcURRENCE $ 1CLAIMS•MADE 0 OCCUR garsindrolgolice41 ,t MED EXP.(Any'art iii 3isan) i. PERSOIsiAtt•Apy INjURY $ CENi AGOREnE LihiffATIIES BEFC ;GENERAL ADEREdATE :$ PRO- PRODUCTS.7.comprdP Ado $ R POLICY JECT LOC . ' OTHER: . .,. . . . . S. . . . . ;22AW41004114047:Y.:-. COMBINED SINGLE LIMIT TEa accident) . $1.030.000 , .X ANYAUTO BeibiLYIDNURY(Per Payson) .S. — . A' .2WEs90 Ni.y TOR8941-6° Y N sltitiOts tenetioil 101012.624 BODILY INJURY(Per wildcat) S - 'HIRED• • —NONQWW.E0 ..WITIWIAG E. AUTOS ONLY AUTODoNLy $ . . S . . . . . . • UMBRELLALiAu OCCUR EACH OCCURRENCE t _ • ' EXCESS Lutp , ctAIMs4rmOE . AaoriEGATE S. • .1 , RETEtotikr3 . • S WORKERS-COMPENSATION I ERIIiitd I AND EMPLOYERS'LIABILITY tic . ANYPTtOPRIETOR/PARTNEWXECOTWE N/0 • A E.L.EACH ACCIDENT $.. • OFFICERIMEIMERE.XCLUDE07 -• . (Mandato:It In NH) E.L.DISEASE-EA EMPLOYEE S Uyea.cliScribeenthir • . . .. DESCRIPTION OPOPERATIONS bolo* . .. • E.L.DISEASE-POLICY UNIT S. ... ' soaACORD101 foiedaionalCoYlitage details k . $ A• . Y.. N 975246515 1WISMOZS 11014/2024 • . . . . otecruPtierfoPOpErtATibils I.Lciererforikr VEHICLE.'a$Ceirip`tol.geldIllonal Romilke Sohogulk may be ittactind If more space Is uv regykd dp . . payipp ED As_TO FORM (./.. . . WHAM.,E,GATES ' _cittrimiutffisootowutity#rTor.t .pf r. r . . . . CERTIFICATE HOLDER cANcELLAtiON . '• SHOULD ANY Dr THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE tHgREOF, -NOTICE WILL BE DEUVERED IN . City CI HilptingtenBeach ACCORDANCE WITH iHB.POLICY PROVISIONS. 200310010 St Huntington Beach,CA 92648 • • - AUTHORIZED REPRESENTATIVE • ,PAtiAgX. . .01980-2915 ACORD CORPORATION, All rights reserved. ACORD 25(2016f03) The ACORD name and logo are registered marks of ACORD . . AGENCY CUSTOMER iD: • LOC#: D ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDIN9URED Laguna Pacific Insurance,Inc. • Omni Entorpdso Inc. POLICY NUMBER 1420 E Edinger Ave.Suite 226 Santa Ana,CA 92705 975246615 CARRIER NAiC CODE United Financial Casually Company 11770 EEFECTUVEDA'IE11E11812023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance • Additional Coverages Insurance coverage(s) Limits UninsuredlUnderinsured Motorist $750,000 Combined Single Limit Description.of LocatlonNehlcleslSpecial Items Scheduled autos only 2002 FORD RANGER 1FTYR14DX2PA30970 Comprehensive $1,000 Ded Collision $1,000 Ded Liability coverage may not apply to ail scheduled vehicles. Additional Information Certificate holder Is listed as an Additional insured. • ACORD 101(2000101) ©2000 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD il - ',/ . - '. .4 • - • . Accogi, . CERTIFICATE OF LIABILITY.INSU R.ANCE . 0T.E.0.041yi .. . .. . -.01912024. .1,11p,*EFerioqm#1,40,400,40:-Ajoker,,kRp,EIHFORIVIrOff.OHLWA1310,:c.,ONFER8 NORIGHTS'UPON TflEtERTIFICATE HOLDER:IVO •4.40,000..0p4g0..;10,00,10,-WiyEXt tn!,e...1440,, ATivEt.tAMOkits'ettiNo•okALTER'THEVOVERAGEAF.10ADED By._.pig,POLICIES, A41,0kIiiis ORTIFtc4t4#.)00 utiANOA Dogs 140T•p0Nwririrre-A CONTRACT BETWEEN THE 40 u(nla INSORORM;AO-np.Figel) 10.1*F4ENtAtiii#0.4:PAciii000kiNti*E#E4.TIPPAIT:iiPg0Ek, . . .7-.go.I.TATe.kr.If',tIiiy„OsIlIII0:404111)14000-,40.AP.DIVQRAI..7114D.PAPD,MikpliglOViti.i.d)iffiti$IIVOADDITIDNAI;INSIJHEOPIO.N1000•01?:60doi*AtI. • ' • . If:00E1000DH IS WAIVEA,suboo-teatiiiiioiloti.c00109i10-oti6900404000 0.104ki&okoi.rotiowe an endorsement *.sio(pnAiOn' ,:thii•cottiiiaifie..061*64coitiirritinw•ibli$ititificatif.holaiithflieU1it dildh:dedoNdiiilitit(i)'. WOO* - - . - - ' - - - ' • — - — -=INTACT' Hbli6in'DOW' - • " . • ••.-• • •• ' :.eSititil Piaildifeliiiktiii0 • • .1151.'Ex.Si 4,4,10.(F@PO-1P......_.' ' ' • I TM Not (.814),137.81:0015 „.. LIcIeifteff0Hp316 , • `:, !EinnREsii. !PIIPPaq14919•41?,PRIP.' • , . . .., .„.... 20750 WilhUSSAlviL,tie 305 ItitiiiiiiiOAOkittiNis WriFIAGE i-.09040 Wit - ' • „....,.,...•...:.,....-' • ' . , P4,•91304 . indifA:4 F!..00r01.03:19FRNifig:. IttgLfitio *4 " . . ' ' . - - — l-iiii;iiiii.ii t. Fails uigiefrO!i,eli.itfa)!Yek*I140.' _ . .. ' 15604. Omni Enterprise.Ina. ,itiiiiiiiiic.:::. ftFfrePtili0.4.10*-10410104:900#14i -29792.. , . .., 1.1?-1):0.0.400Pqrtgm'A . iiiSii,FISS 0 v • ., 41140411. , • .....,... .... . .....„ •- ._ . . . . . . . . .. -INSURER E.t. • 4.000. 'CA MP.7 ' .,. ".17aciiiiiii;; -. '......'. .'. ' .,. .• . ' . . . , . .... .Cti.likkAdtt, . .. ' . .. -ttikiiettait NUMBER 2324,8AgiltYPAiP.4O - . • ':: -. - -- • REVISION'AMBER: . . .. . 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S 0,•-I- . • " OFFICES/MEMBEROC44Sig. , ' :I.lA irog§10 600.44: P•OP.103* 010)116.#1"Ni.1) - " ' ' . ' '- ' W.C:.tifeWstt•ta Elik.diki-,"S•liPqP.99. uvoiate§bfiliiiiiriddi, , , .. . . :OSSCRIPTIOU OF OPEliklONS tiok6 .. . , At.OISOLASk4oLkiiiiM14 • S.V.9M99: A4.6109.4.0- ' . ! 10PAQ.0 #0363SS1OSS11,18bilitlY .. ,. . . . ki' POlf0401•400gfeigat' . EOHCAE162033704I03, 07/1912623: •011102624 Per Olefin- 1 ioo-OpOp . . . . . . . . . .,..., .... . - .. . . . . . ... . . , . . °E69.0011.94 oF00011100.#. 0,004. fictim.:01110$f4090-16t:A44406iiiitiOwixitli:*.00.400iatitniiiiiiiii*Iiiiif#44) OG080416.1161*Is nitod ta.addittoriO1 Ineuinif.tn,regnrde to derterall•fitilliikneffey.:*elneoran*Isprimerytend•non•sorddlnderyleRerattoStied. .- ..... -•.,•..... :. .o• ..,•,...,. ...o. .1 ••••••r•4.1 1 • •• •• I •,,,-. „,•, •e• •I•,•,.• • • .• endorsement Apilftpygpi AVM:PR:NW • • : ... V-k. . . . 'mitHuit'61 GATES , r- . :CITY --1: " HOLDER' - - - . ' ' ' . - • - •::, .:.- -or*-CrifUHTIPIGTOH BEACH CERTIFICATE . • • • - ' •.,.. • • •. • . • CANCELLATION • • ' - : ' At.P41•PANY,Pf._. T.M.E.,._,4.13,9V,AD,PPABEl..4.,_ .P9_,.)40PA:BP cOlogi1•ED BEFOR.E • ' IttEgrcPittptettRigp:TAFREon',NOlicEivytilItE DELIVERED IN . •-• . • Olik,of 1-10#1101,94 POO? . • .MORtilikttyvini IfitpisikvIs'itoo0i0NO.. .. MI Moth Street. :nutiiretizeonstmentimtvg:• , Ihinthibton Beach ' .- CA 0040 - ` E --- 1 , . • ,, . . - " 01900405AQORDVORPCiFiATION..-MI rldlitt-fosetved. , . ...-. The.400Rry,timito and 19goAre.h4010,eise,d.titarkerpfACKIRD ACORD25,1201010)... • • - .i. • • •. ' . .. SERVICE, AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND OMNI ENTERYRISE, INC. FOR BEACH AND PARK RESTROOM .IANITORIAL SERVICES THIS AGREEMBN"I' ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City," and Omni Enterprise, 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 janitorial and porter services. 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 Dante Perez, 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. 22-11288/282345 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.*' "I-he total sum to be expended under this Agreement. shall not exceed Four Hundred Porte Six Thousand Dollars (S446.000) per year for any one year(12 month period) during the term of this Agreement. Additional unforeseen services requested by other departments for special events, emergencies, etc., shall not count towards the annual NTE for the described scope of work. b. Payment by Citv 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 -R." 4. Term Time is of the essence of this Aureement. The services of Contractor are to commence May 5. 2022. or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate May 4. 2027. unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional two-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" arc generally to be shown in Exhibit "A." -Phis 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. Iauguagc, date or programs, maps, memoranda, letters and other documents, shall belong to City. and Contractor shall turn these materials over to Cite upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by Cite as it sees fit. 22-11288/282345 1 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnity 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 pail by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness ol'Section 3700 el seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and properly damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 22-11298/282345 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds; and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible' or any other similar form of limitation on the required coverage. 10, Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice: however, ten (10)days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work tinder 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 indeamtification obligations as set forth in this Agreement. City or its representative shall at all limes 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. 22-11298t282345 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, ifany, 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 tenninated 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 tents 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. 22-112881282345 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 Cit_y's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the C:ity'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 Omni Lntetprise, Inc. Attn: Denny Bacon Attn: Dante Perez 2000 Main Strcet 1420 F. Edinger Avenue; 4111 Huntington Beach, CA 92648 Santa Ana, CA 92705 19. Consent When City's consent/approval is required under this Agreement, its consent/approval fir 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. 22.11288/282345 6 21. Section Ieadings 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 affcct the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shalt be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 22-1 1288282345 7 and City shall not be liable for payment of my 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. ']'his 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 he determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22-11288/282345 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's tees, 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 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, hold 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',,, 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 emhodied 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. 22-11288/282343 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 dale of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACI I,a OMNI ENTwWRISE, INC.,a municipal cogx>mtion of the State of California Corporation California Q Mayor Print name �� ITS: (circle ate)Chairman✓President/ Vice President City Clerk AND By:_-_t)c . e NC � _ 14;; AND ED: Print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Sccrctary=Treasure urks APPROVED AS"' City Attorney RRVIEWRU AND L) OVED: — City Manager —. 22.11288/292345 10 EXHIBIT A REQUEST FOR QUOTE FOR BEACH RESTROOM JANITORIAL SERVICES HUNTINGTON HARBOR JANITORIAL SERVICES Public Works Department CITY OF HUNTINGTON BEACH Released on April 5, 2022 BEACH AND PARKS RESI'ROOM JANITORIAL SERVICES REQUEST FOR QUOTE (RFQ) 1. BACKGROUND The City of Huntington Beach (City) is soliciting a Request for Quote from qualified firms/ contractors to provide beach restroom janitorial services and Huntington Harbor (herein referred to as Harbor) beach / parks restroom janitorial services (see Exhibit A). The City desires quotes / bids from qualified firms with experience and qualifications in beach and park facilities janitorial services. The City reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. A. City Beach: The City has 8.5 miles of ocean front beach and surrounding facilities. There arc 15 restroom buildings with a total of 122 restroom stalls (referred to as restroonts#1 - #15) along the main City beach on Pacific Coast Highway. City beach restroom hours of operation are 7:00AM to I O:OOPM daily. B. Huntington Harbor Beaches and Parks: The City has five (5) beach/park locations located in the Huntington Harbor area (see Exhibit A) including: A. Warner Fire B. Davenport C. Humboldt D. Trinidad E. Scabridge 2. SCHEDULE OF EVENTS This RFQ will be governed by the following schedule: Release of RFQ April 5, 2022 Mandatory Pre Quote Conference April 13, 2022 @ 10:00 a.m. Location: Huntington Beach City Beach, Restroom 91, located at PClf and Beach Blvd. Deadline for Written Questions April 15, 2022 a 4:00 p.m. Responses to Questions Posted on Web April 19, 2022 RFQ Due April 22, 2922 by 4:00 p.m. Tentative Award April 25, 2022 Pre-Bid Meeting: A mandatory pre-bid meeting will be held on Wednesday, April 13, 2022 at 10:00 a.m., for the purpose of a beach restroom site visit, reviewing the RFQ/bid documents and receiving questions. The pre-bid meeting will be held at Iuntington Beach City Beach, Restroom ill (enter City Beach parking lot at Beach Blvd, turn right, Restroom 41 is 100 ft. North of Beach Blvd on PCH). Sign-in will be required to verify attendance. 2 3. SCOPE OF WORK/SERVICES A. Daily (all restrooms at all sites/locations unless otherwise noted): 1. In the evening, lock all City beach restrooms by 10:00PM and Harbor restroors (Warner Fire and Trinidad) by 8:00PM. 2. Scrub and clean toilets, urinals, floors, walls, doors, sinks, partitions, push buttons and dispensers. Fixtures shall be free of stains and graffiti. Top and bottom of toilet seats, base and behind fixtures shall be cleaned. Floors shall not have standing water and shall be squeegeed or swept after washing to remove standing water. Watcr shall be washed into the chase rooms where applicable, not onto the restroom apron or bike path. A germicidal detergent shall be used for cleaning. 3. Scrub and clean walls, ceilings and light fixtures to keep free of cobwebs, dirt, algae, "spit- balls," stains, and debris. 4. Pick up litter and trash both inside and outside the restroom building. 5. Check for proper operation of flush valves and refill all dispensers and paper products. 6. Restroom aprons shall be swept once per day in the afternoon (City beach only). 7. Spray and wipe down each drinking fountain. 8. Keep chase rooms clean, tidy and free of trash and debris. 9. Portable restrooms are to be sprayed with germicidal solution, wiped down, swept out and litter/trash picked-up daily. 10. Empty and clean trash containers; replace trashcan liners. Empty all trash receptacles. 11. While servicing restroom, Contractor shall post a sign at the entrance door indicating that the restroom is temporarily closed for cleaning. 12. Any damage; vandalism, or graffiti shall be reported immediately to the City Yard at(714) 960-8861. 13. Clean all air vents to remove dirt, debris, cobwebs, and stains. 14. Scrub and clean the exterior sinks with germicidal cleaner to remove dirt, mold; and algae. 15. Contractor staff shall attempt to vacate unauthorized restroom occupancies. B. Additional As Needed Services: 1. Additional janitorial support may be needed during heavy visitor, special event or for other unforeseen reasons. 2. Additional power washing services as needed during heavy visitor periods and/or special events upon written City staff request. City reserves the right to add, remove and/or modify services needed dependent on visitor loads, special event needs, or other unforeseen circumstances. C. Supplies Required: 1. The Contractor shall provide all equipment and supplies: detergents, mops, hoses, brushes, brooms, cleaning products, trash liners, and disinfectants required to maintain the restroom in a clean and orderly manner. Paper products arc supplied by the City and stocked in the restroomi chase rooms by City staff The following guidelines apply: a. Trash receptacle liners shall be a minimum two (2) m1. thickness. b. All purpose cleaner shall be non-toxic, biodegradable and germicidal Simple Green d Pro 3 Germicidal Cleaner or equivalent. 3 c. The quality of all cleaning supplies and paper products is subject to approval by City. D. General Requirements: I. Staff/employees shall wear a uniform furnished by Contractor and bearing company name at all times while servicing City sites. 2. Staff to maintain a daily log of their arrival and date./tintcs restrooms cleaned, logs to be kept in the chase rooms (City beach). 3. Contractor is responsible to collect trash from receptacles and dispose of in designated dumpsters on the beach (11°i street). This is the only approved disposal location. 4. Contractor shall use due care to protect all furnishings, fixtures, landscape, and improvements from damage by its operations. Contractor shall notify City immediately if damage occurs. All damage shall be repaired or replaced, at the option of the City and at the Contractor's expense within a reasonable time after notification of such damage. 5. Discharges of detergent and/or wash water to the storm water drainage system from cleaning or hosing of impervious surfaces is prohibited. Contractor is responsible to ensure that all washing fluids are discharged to the sanitary sewer via drains and/or floor drains, or recovered. G. Contractor shall immediately notify City staff of any problems or observed damage to the restrooms or surrounding beach/ park facilities. E. Equipment Required: 1. Vehicle—up to a half-ton truck. Trucks must be within five (5) model years of service agreement commencement date. Vehicle should be clearly marked with company logo and a separate sign indicating they arc under contract with the City of 1-luntington Reach. 2- All equipment shall be in good working order with all manufacturer safety guards and devices in place. 4 4. .IANITORIAL SCHEDULES A. City Beach .Janitorial Staffing Schedule (Non-Peak Season, November W—April 30t') Non-Peak season has limited stalls open (all south/water facing restrooms open and hall'of the north facing restroonts open). City Beach .Janitorial Staffing Schedule (Non-Peak Season, November 1"—April 30") Days of Week & Number Shift Assignment Duties of Staff Flours 7 days per Empty trash and 1. Empty pier and Pier Plaza trash cans then proceed week Quick Sweep* North on bike path emptying upper path trash cans to I staff/ S:OOANI — continuously restroom 415 trash cans. person 2:OOPM 2. Perform Quick Sweeps* continuously for all open restrooms for remainder of shift (minimum 3 Quick Sweeps, restroonts 4I - 915). 7 days per Clean restroom #1 - 8:OOAM — 5:OOPM clean all restrooms 41 - 415 in a week 415 continuously continuous cycle. All restrooms are to be cleaned it I stali7 minimum of three (3X) times per shift. Cleaning shall person 8:OOAM — include all Daily duties described in #3 Scope of 5:00PM Work /Services. 7 days per I staff responsible Clean restrooms assigned in a continuous cycle. All week for restrooms #1-98 restrooms to be cleaned a minimum of three (3X) 2 staff/ times per shift. Cleaning shall include all Daily duties I:OOPM — I staff responsible described in #3 Scope of Work/ Set-vices. people 10:OOPM for restrooms 99- 415 9:30 PM- 10:00PM lock all restrooms. *Quick Sweep is defined as the fallowing: A. Quickly check all open restrooms (up to 122 stalls/restrooms) 41 through 415. 13. Contractor staff shall attempt to vacate unauthorized restroom occupancies. C. Quickly do light cleaning, defined as: 1) open door and inspect restroom from outside, 2) if clean and toilet functioning, spray toilet seat/fixture and wipe oft, move on to the next stall, 3) if clogged, attempt to unclog along the way, unclogging and restoring when possible, 4) locking those stalls requiring deeper cleaning due to feces on walls/floors, etc. 5 13. City Beach Janitorial Staffing Schedule (Peak Season, May V—October 31") Peak season is all 122 restroo instal ls open (restrooms ill - #15). City Beach Janitorial Staffing Schedule (Peak Season, May V—October 31") Number Days of Assignment Duties of Staff Week & Shift flours 7 days per Empty trash and 1. Empty pier and Pier Plaza trash cans then proceed week Quick Sweep* North on bike path emptying upper path trash cans to I staffs continuously restroom #15 trash cams. 5:OOAM — person 2:00PM 2. Perform Quick Sweeps* continuously for all open restrooms for remainder of shift (minimum 3 Quick Sweeps; restrooms #I - #15). 7 days per Clean restroom ""I - 8:OOAM —5:OOPM clean all restrooms #1 - 415 in a week #15 continuously continuous cycle. All restrootrrs arc to be cleaned a I staff/ minimum of three (3X) times per shift. Cleaning shall person 3:OOAM — include all Daily duties described in #3 Scope of 5:OO13M Work/ Services. 7 days per 1 staff responsible Tues—Thurs - Clean restrooms assigned in a week for restrooms #1- continuous cycle. All restrooms to be cleaned a 2 staff/ #8, Toes - Thurs minimum of three QX) times per shift. Cleaning shall 1:OOPM — include all Daily duties described in 43 Scope of' people I O:OOPM 1 staff responsible Work/Services, for restrooms 49- #15, Tues—Thurs 9:30 PM— I O:OOPM lock all restrooms. (Fri — Mon**, not Fri — Mon when additional staff member is working cleaning 47, 48, #9) exclusively on Pier Plaza triangle, these 2 staff members do not clean the triangle restrooms (117, 118 and #9). Fri, Sal, Kestrooms 97, 48 Clean in a continuous cycle. Clean resbooms 47, 98, Sun & and 0, Pier Plaza #9 a minimum of five (5X) titres per shift. Cleaning 1 staff? Mon ** triangle shall include all Daily duties described in #3 Scope of person Work / Services. 1:OO11M — 10:00PM Assist with locking restrooms by IO:00PM *Quick Sweep is defined as the following: A. Quickly check all open restrooms (up to 122 stalls/restrooms) #I through 015. B. Contractor staff shall attempt to vacate unauthorized restroom occupancies. C. Quickly do light cleaning, defined as: 1) open door and inspect restroom from outside, 6 2) if clean and toilet functioning, spray toilet seat/fixture and wipe off, move on to the next stall, 3) if clogged, attempt to unclog along the way, unclogging and restoring when possible 4) locking those stalls requiring deeper cleaning due to feces on walls/floors, etc. **Friday, Saturday; Sunday and Monday C. Huntington Harbor Parks/ Beach Janitorial Staffing Schedule (year round) Staff cleans all restrooms listed below in a continuous cycle, a minimum of three (3X) per day each site until shift ends, locking two (2) sites at 8:OOPM. Huntington Harbor Parks/ Beach Janitorial Staffing Schedule (year round) Location Name Number Days of Week Duties staff and Hours Warner Fire*** 7 days per Clean restrooms a minimum three (3X) daily. Davenport week Cleaning shall include all Daily duties described in #3 Humboldt I Scope of Work / Services. Trinidad*** I I:OOAM — Seabridge 8:OOPIvf Lock 2 restroom locations at 8:OOPM (Warner Fire and Trinidad) *** Lock restroom by 8:OOPM daily (other Harbor restrooms might be added to locking scope later) D. DEFICIENCY (DEDUCTION) Notice: 1. Failure to comply with any of the specifications in this RFQ will result in a $400 per incident deficiency deduction (see attached sample Exhibit B). 5. TERM It is the intent of the City to solicit RFQ's and award a five (5) year, plus two (2) optional two (2) year extensions contract to the selected firm. Upon written request, the City will consider a one-time compensation index increase (3.5% max) after the first two (2) years of the initial service agreement terns. The City reserves the right to further negotiate the terms and conditions of the contract. The City reserves the right to reject any quote for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on needs. The City has the right to terminate the contract with a 30-day notice for any reason. 6. QUOTE FORMAT GUIDELINES Interested firms/contractors are to provide the City of Huntington Beach with a thorough quote for the Scope of Work / Services (see #3. Scope of Work / Services). Please clearly prepare your firms quote using the following guidelines: 7 A. Vendor Application Form and Corer Letter Complete Appendix A, "Request for Quote -Vendor Application Form" and attach this form to the cover letter. A cover letter, not to exceed two pages in length,should summarize key elements of the quote. An individual authorized to bind the firth must sign the letter. The letter must stipulate that the quote fees / price will be valid for a period of at least 90 days. Indicate the address and telephone number of the firms office located nearest to Huntington Beach, California and the office from which the project will be managed. B. Background and Protect Summary The Background and Project Summary should describe your understanding of the City, the work to be done, and the objectives to be accomplished (refer to U. Scope of Work / Services in this RFQ). C. Staffing Upon award, selected contractor shall provide a list of individual(s) who will be working on the project and indicate the functions that each will perform. During the contract period, if the contractor chooses to assign different staff to the project, the contractor must submit their names and qualifications to the City before they begin work. D. Qualifications The information requested in this section should describe the qualifications of the firm, key staff performing janitorial within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: 1) For the Scope of Work / Services decrihed in 43., provide at least three local references that received similar services Front your firm. 'fhe City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include: ♦ Client Name ♦ Project Description and annual project cost ♦ Project start and end dales ♦ Client project manager name, telephone number, and e-mail address E.Price/ Quotes / Bids firm / Contractors quote shall include all services (materials, labor, etc.) for the Scope of Work /Services described in 43. Contractor must clearly complete the following Quotation/Bid sheets for each of the specified beach / park locations seperately and include the Summary Quotation Bid Sheet (Monthly and Annual Totals) as directed and include in their submittal. 7. PROCESS FOR SUBMITTING QUOTES All quotes must be submitted in PDF file fomtat. ♦ Preparation of Quote Each quote shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. 8 ♦ Number of Quotes Submit one (1) PDF file format copy of your quote in sufficient detail to allow for thorough evaluation and comparative analysis. ♦ Submission of Quotes Complete written quotes must be submitted electronically in PDF file formal via the Planetbids.com website no later than 4:00 p.m. (P..U) on April 22, 2022. Quotes will not he accepted after this deadline. Eased at-e-mailed quotes will not be accepted. ♦ Inquiries Inquiries/Questions regarding this RFQ must be directed to Q&A tube via Planetbids no later then April 18, 2022 by 4:00 p.m.for response. From the (late that this RFQ is issued until 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 RFQ, except during the pre-quote/job-walk conference. Refer to the Schedule of Events of this RFQ or the City webpage to determine if a pre-quote/job-walk conference has been scheduled. The City reserves the right to reject any quote 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. ♦ Conditions for Quote Acceptance phis RFQ does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all quotes received as a result of this RFQ, to negotiate with any or several qualified sources, or to cancel this RFQ in part or in its entirety. All quotes will become the property of the City of Funtington Beach. If any proprietary information is contained in the quote, it should be clearly identified. 8. EVALUATION CRITERIA The City's evaluation and selection process is based upon Qualifications Based Selection (Q13S) 1br professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of quotes submitted and select one or more firms. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: • Compliance with RFQ requirements • Understanding of the project and Scope of Work / Services • Recent experience in conducting similar scope, complexity, and magnitude for other public agencies • Educational background, work experience, and directly related firnn/contructor experiences • Fee/ III iceQuote • References 9 The City may also contact and evaluate the bidder'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 quote; and seek and review any other information deemed pertinent to the evaluation process. After written quotes have been reviewed,discussions with prospective firms may or may not be required. If scheduled, the oral interview will be a qucstion/answcr format for the purpose of clarifying the intent of any portions of the quote. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. An electronic Notification of Intent to Award may be sent to the firm selected. Award is contingent upon the successful negotiation of final contract terns. Negotiations shall be confidential and not subject to disclosure to competing vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring firm or withdraw the RFQ. 9. STANDARD TERMS AND CONDITIONS ♦ Amendments The City reserves the right to amend this RFQ prior to the quote due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Reach - Official City Weh Site - Business- Rids & RFO's; bidders should check this web page daily for new information. ♦ Cost for Preparing Ouotc The cost for developing the quote is the sole responsibility of the bidder. All quotes submitted become the properly of the City. ♦ Contract Discussions Prior to award, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized and all exceptions resolved within one (1) week from notification. If no resolution is reached, the quote may be rejected and discussions will be initiated with the second highest scoring firm. See Appendix B for a sample City agreement. ♦ Confidentiality Requirements The staff members assigned to this project may be required to sign a non-disclosure statement. Quotes are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in quotes. ♦ Travel Time The City will not reimburse for travel time. ♦ Financial Information The City is concerned about bidders' financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your fir m's financial capabilities. ♦ Insurance Requirements 10 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 bidders 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 Quote Security. Please careful(v review the City's Sample Agreement and City Insurance Requirements before responding to the Request for Quote enclosed herein. The insurance requirements have been mandated by City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Quote must indicate ifyou are unwilling or ratable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Quote. 11 QUOTATION / BID SHEET BEACH RESTROOM JANITORIAL SERVICES CITY BEACH Complete/fill-in all yellow shaded boxes Opens 7:OOAM Non-Peak Season Peak Season Hours of Operation Closes 10:OOPM (November I"—April 30°) (May V—October 3In Total Monthly Cost XXXXXXXXXX S S Total Annual Cost Monthly X 12= S f Numeric Grand Total Annual Cost(Non-Peak Season + Peak Season): $ Written Grand Total Annual Cost(Non-Peak Season + Peak Season): 12 QUOTATION /BID SHEET HUNTINGTON HARBOR JANITORIAL SERVICES HUNTINGTON HARBOR PARKS /BEACHES Complete/ fill-in all yellow shaded boxes Opens 8:OOAM Hours of Operation Closes 8:OOPM Year Round Number Buildings 5 XXXXXXXXXX Number of 8 Restroom Stalls XXXXXXXXXX Number of Trash up to 13 Receptacles XXXXXXXXXX Total Monthly Cost XXXXXXXXXX $ Total Annual Cost Monthly X 12= S Numeric Grand Total Annual Cost (Huntington Harbor): $ Written Grand Total Annual Cost (Huntington Harbor: 13 QUOTATION / BID SHEET ADDITIONAL AS NEEDED SERVICES Complete/fill-in all yellow shaded boxes Janitorial Hourly Rate S Janitorial Daily Rate S Power Washing Hourly Rate S 14 SUMMARY QUOTATION / BID SHEET MONTHLY AND ANNUAL TOTALS Complete/fill-in all yellow shaded boxes Site /Location Total Monthly Cost Total Annual (Yearly) Cost City Beach(Non-Peak Season) $ $ City Beach(Peak Season) $ $ Huntington Harbor Parks/ $ $ Beaches All Sites Monthly Grand Total All Sites Annual Grand Total Grand Totals S $ 15 CaYJM�Wr 6�uN .....is..,a..s..a�...�...muoi2s isuyMo.zaaz.ainrrm• EXHIBIT B Bid Results Bidder Details VwKbr Name Ormi Enterprise.Inc. Address 1420 E Edinger Ave Suite 0111 Santa Ana,California 9270S tinned States Re"ridee DWle Pee2 Respondee Title Presde+t Phone 714801-4092 Email omniclean@gmad tom Vendor Type License r Bid Detail Bid Formal Electronc Submitted 04122I2022 124 PM(POT) Delivery Method Bid Responsive Bid Status Suomttted Cunfrmation8 288869 Respondee Comment Buyer Comment Attachments File Title File Name File Type HBProposal rev2022 pdf HBProposal rev2022 pdf Response File try N ww'A^B.wn 'Wiwi Iw.w�b�e.• e.anllwvovnia•..IAxxalx�..SfVmM2'..YQx•UO n�i]Vl� In4Y.eLTYlVtI ❑ne Items DUcount Terms No Discount r�r in. f 1•wM W Y rlw-Iw•.w•w n.M • I.ON OroJ sl4ww.r. ..• 1 WII.Wb.rwt.� .w� • to 000IWJ 11...r.. m aw.�}www ra.�waA...Yw r•n.�.•.n.• SM. . } •we•IfW .vY . f•wo® sm.. vw .�y�y rt}••Ms • J.•Yr1Y MM.�W Y In aoea •l..•ce .n h•.w.l� f JwY1V 0ItW rI � tIIf Omo ll]f OC.0 rn I�1�.1�Iw.wr.Y�.�Yrw.we. • •Y�w�YI�IY.IrW Y � tR 00a0 1`c secs ... (l�tl M„wpw Wf1� i1P 1 d J Lti.-w/Sv,rw.M�J�Mm.,a�,w�XVIOIllI M'YO a a:•JVlll J 001�(p0!i PnYe MY.'1C]] Line Item Subtotals $OF".rr. u.wr JWMftdm/wMV ft" wsuwww J19ULIN r,kw/wow r./W w16w/Mw l,MMY M REQUEST FOR I ROPOSAI. VENDOR APPLICATION FORM IYITOF AI'PIACAN'I': ❑/1V ❑ cutw N'1,V[NOOR I.egnl Conlmcmal Name o(Corporalio\n: �_r1 L r C+mact l'cnon for Agrttmcnr: Cugiorate Moiling Address: CRY.SIM and Zip Cod,: E-Mail Address: Phone: -1 i`l_ 7 S 5 ._ L._l ` F,r: Contact f'crsam pnr PmMsals: 'I idc:__I rr'f;,f.-\ d� G !'til AddNss:_ l%7` ' LI6.. I;usincss'fclephonc:,� `6' u\ �G: c- HnflneSC Far Is Your In siness:(check one) ❑ NON PROFI I'CORPORA'FION [3 FOR PROFIT CORPORA NON Is your business:(check one) C'fibepOR.AT]ON ❑ LIMITEDI.IABILIfY PAR I'NFRSFIII' ❑ INDIVIDUAL ❑ SOI.I:I'ltopplurORsHIP ❑ 1',\R'1'NI'RSI11P ❑ UNINCORPORM ED ASSOCIATION r' Natnes$'titles ol'C'orpumte 3mrd Manbcrs (A Iso list Names R'I ides of penuns with written eulhoriwtimlicsolutian lu siym ccmlracis) Nmncs 'I'ida phone Eedeml'l'ox Identification Number: .1ti Cit)"of I luntinglon Ilcnch Ilusincss License Nuntlar. `" (Irnnnc.you muss abloin a Huntington Beach Ilusinc�%I,icenx uqm aanrJ oreunnaa.) C'ily ol'I lunlington Beach Business I.ienma Espimtitm Darr. /" /] Omni Enterprise, Inc. 1420 E. Edinger Ave Ste #111 Santa Ana CA 92705 Direct: 714.801-4092 Office: 714-388-6664 Email: omniclean(aemail.com April 21, 2022 City of Temecula Director of Public Works Patrick A.Thompson RE., Request for Quote for Beach Restroom Janitorial Services City of Huntington Beach, Thank you for giving Omni Enterprise, Inc. the opportunity to submit our proposal to provide professional janitorial services to the various park facilities in the City of Huntington Beach, according to the requirements that are set forth in your RFP,which are hereby acknowledged. Omni Enterprise, Inc. is the legal name of our company which will have contractual responsibility with the City of Huntington Beach. Our address, phone number, and e-mail information can be found at the top of this letterhead. The person authorized to make representations for the company, sign on behalf of Omni Enterprise, Inc.,and to bind a contract is myself, Dante N. Perez, President and Secretary. I can be contacted via the information listed in the above right hand corner, or by e-mail at dperez.omniclean@gmail.com. I hereby attest that all information submitted in this proposal Is true and correct.Additionally, Omni Enterprise endeavors to service and execute this project to the highest standard for the City of Huntington Beach. Our entire organization stands behind this proposal and I consider myself personally responsible for our commitment to you. Sincerely, ly �� Dante N. Perez to N. Perez President Secretary I BUSINESS PROFILE Omni Enterprise, Inc. is a professional janitorial service company has been doing business for fourteen years in the County of Orange. Omni Enterprise was founded in 2007 and incorporated in 2013 within the State of California. Our company specializes in daily custodial services, beach restroom cleaning, carpet cleaning, window washing, upholstery cleaning, pressure washing, stone floor cleaning, and COVID-19 disinfecting services. Our main clients are City of San Clemente, Newport Beach, City of Bellflower, Orange County Parks, Orange County Health Agency, Orange County Public Libraries, California Department of Transportation, Orange County Public Works, Orange County Sheriff's department, and various other cities within the County of Orange. We understand the City's goals are to acquire a contractor that will complete all tasks as scheduled and as requested. Compared to our competition we have the ability to better service this contract due to our experience,our lower overhead, and efficient staff. Our company is used to dealing with HIGH demand public in beach Cities.We have the San Clemente City that we have finished 2 terms a S year and a 3 year.We were awarded with a Yd beginning in summer.We will give the City of Huntington a designated phone number that will direct you either to the office or mobile of the President or Project Manager so we can respond efficiently to your needs.Omni Enterprise, Inc. prides itself on the closeness of our team and the special care we take in training our employees and working with them so that we may deliver a better service to the City. The City of Huntington Beach not only deserves a clean and organized environment for its staff but its visitors as well. Omni Enterprise's mission is to provide a high standard of cleaning and great costumer service. When we put together our servicemen team the janitors and lead janitors are already trained by our staff and have experience working in public facilities. In facilities where there requires more than one janitor we assign a lead janitor.The lead janitor Is qualified not solely by experience but mostly by past performance in leadership, responsibility, attention to detail,and responsiveness. Before the contract commences Our Project Manager will have orientation meetings with the Supervisors to go over notes on the facilities and requirements. At this point the Supervisors become familiar with the needs and the checklists so the team understands the daily routines. The Project Manager keeps the dates for monthly, quarterly, semi-annual, and annual services,this way the Project Manager can send a reminder to the facilities Manager and the crew that way there are no events that may impede in the completion.When we commence the contract we will have Supervisors working with the janitors daily in order to sort out any issues that the crews may encounter in the future.The President and the Project Manager check the facilities nightly for those first two week in case we need to make adjustments in order to do our work more efficiently and better. From then on our motto Is "Supervision, supervision, supervision". In order to keep the cleaning standard high we must constantly be checking our janitors to make sure that the cleanliness level does not fall.The key to success is effective oversight and plenty of it.The Project Manager and President will follow-up with Facility Manager's or City Project manager to make sure they are content with the service and see if there is anything else we can assist with. Our philosophy is to always provide responsive customer service along with high quality of work;our goal is to give the City of Huntington Beach a performance of our highest standard to keep the city as a long-term business partner. Our staff at Omni Enterprise understands the importance and delicate nature of Beach Restrooms. Like our contracts with Newport Beach and San Clemente we know that tourists and Californians frequent either Disneyland or our iconic beaches and Huntington Beach is an important one. We are aware of the important surf events, holiday events, and summer time can hit the City with a barrage of traffic. We understand the importance of your new strategy of quick clean where you want a fire quick cleaning and to have the restroom functionable every thing that needs more work we will close off and hammer at it in the second or third depending on how much time it will consume. We will alert you. We understand that the City does not want us to spend most of the shift in one restroom while risking the other ones of becoming unusable as well. Omni Enterprise does have a similar system even though we do not call it quick clean but it is a concept that we are using in heavy use beach restrooms. We want the restrooms to be as usable and clean as possible if there is one issue toilet stall out of the 7 we know we can close it off for a bit. We will abide by your scope and your schedules we do not have any changes to make. Our staff will always alert you if we see anything out of the ordinary or if we see something that we may suggest to make things more efficient for you. Our will goal will always be to have the City happy with our service. We know that a happy client also ensures us having a long business relationship. Myself, Dante Perez, will always be a cell phone call away. OMNI ENTERPRISE INC. Dante Perez, President/CEO- Dante will visit the City of Orange's facilities once a week and meet with the Project Manager and Supervisors to ensure the project is running smoothly. Dante will conduct a walkthrough quality control checks and will be available more frequency as needed to respond to the City's needs. 20 years experience. Dante Perez 714-801-4092 dperez.omniclean@gmaii.com Alex Perez,Project Manager- Alex Perez will be assigned the designated Project Manager for this project.He will be the contact person for this project and will audits of all facilities. He will also be available to respond to inquiries, walkthroughs and inspections of the facilities as required/needed by the City. 40 years experience. Alex Perez 714-325-1517 aperez.omniclean@gmail.com Idalia Gonzalez,Office Manager- Idalia Is our office support with billing, logistics, and staff administration management. Idalia has worked with us for 3 years and is doing a great job. Idalia Gonzalez 714-388-6664 Aiko Perez,quality Control Check— Aiko dedicates herself to quality control checks aside from the on site supervisor to check safety procedures are followed,correct chemical usage,the status of the state of the equipment and machinery. 2 years experience. Aiko Perez 714-390-0995 Raul Castro,Floor and Carpet Technician— Raul is our waxing and carpet cleaning specialist. He is the person who trains and supervises the other staff who will and perform carpet cleaning, floor scrubbing and waxing, and window washing. Raul has worked with us for 8 years. Raul sometimes will fill in for staff who do not show up or have an emergency leave. Martha Jimenez,Janitorial work trainer and back-up Supervisor and Staff Martha was one of our first employees 13 years ago. She has trained many employees and continues to train new staff. Her concise method has helped the company grow and keeps our quality to a high standard. She is also a back up janitor and a back up supervisor. Josefina Gallardo,Janitorial Work Trainer and Back-up Supervisor and Staff Josefina is also one of the first employees we've had and has moved to a janitor trainer and back up staff.Trainers also will supplement the supervisor and check the janitor's work to see if there is some retraining needing to be done. Omni Enterprise will follow the Displaced Janitor act however these are some potential staff that may be used if needed or for backup "experience is time with OUR company: Oscar Leyva (Janitor and carpet/wax)—2 years exp Lilian Guardado—4 years exp Maria Baena—3 years exp Junior Castro Qanitor/carpet/wax) — 1 year Lorena Aparicio—6 years exp Jova Aparicio—6 years exp Crispin Morales—4years exp Marino Pavia(carpet/wax/janitor) — 5years Fernando Cureno—2 years exp Alicia Almaraz—2 years exp Alondra Avila —3 years exp Arani Chavez—2 years exp Rafael Cibran (carpet/wax/janitor)—3 years exp Javier Diaz—7 years exp Maria Garcia—3 years exp Norma Guerrero - 3 years exp METHODOLOGY BACK-UP STAFFING PLAN In cases of custodial absentees for reasons of illness, emergencies, unavailability and or other we would have the supervisor for that building complete the absentees job with a back-up on call staff until the employee returns and or is replaced based on the circumstances. If for any reason the supervisor for that building is unavailable, either the head supervisor or the back-up staff we have on call would service the facility. HIRING PRACTICES All current Omni Enterprise employees have passed background checks through the Live Scan; any new hires must also go through the same process for employment, Any and all employees that will be assigned to the City of Orange will be required to complete and pass a Live Scan. Omni Enterprise Inc, will comply will all hiring requirements set forth by the City of Orange. QUALITY CONTROL(CORRECTING DEFICIENCIES) Omni Enterprise's methodical approach for the Contract with the City of Temecula begins with the Scope of Work in an RFP; the scope of work and all the RFP contents is a reflection of the key requirements and mission of the City.The RFP's Scope of work not only is to be used as a guideline and rulebook,but the Omni Enterprise methodology will also be implemented to seek continuous improvement through adopting new solutions, adapt to any obstacles and service environment specifics, further improve cleaning methods, and sustain a high quality service for your facilities. Omni Enterprise's method of focus will continue to extend to the following: A. Quality Cleaning Standards - Following S.P.E.C.S., work schedules, checklists,etc. B. The City of Orange & Management Interactions -Costumer service follow-ups and service survey, etc. C. Employee & Management and In-Management Interactions - Employee welfare, employee and management follow-up,and supervisor reports Quality Control Methodology Omni Enterprise has developed a practical Quality Control program with two main goals in mind: 1. to serve as a training ground for our employees to take responsibility for the quality of their work, and 2.to facilitate the transfer of knowledge in the improvement of daily service routines, investigating problems and proposing enhancements that help in establishing new or amending existing standards. S.P.E.C.S. I Omni uses the Strategize, Perform, Examine, and Complete;System (SPECS) in conjunction with our supervisor check system to manage Quality Control system. Strategize includes all processes and operational procedures that are to be performed,with these procedures becoming the standards with which we execute our services. Perform means accomplishing the work according to our performance standards and contractual specifications with our client as well as providing the necessary education and training needed to execute the job properly.Examine is the examination of the results of our work, that is, making sure that the actual services executed conform with performance standards. Complete means any necessary action taken, resulting from the outcome of examine. If the service does not meet specifications, an immediate remedy is introduced.The reasons for defects are examined in the Complete stage to determine whether the source of the problem Iles in the Strategize stage (i.e., specifications are unsuitable) or the Perform stage (i.e., custodians are not doing their job properly) If the problem occurs in the Strotegize stage, performance standards are revised or improved. If problems occur in the Perform stage, additional training Is given to our crew members in order to prevent recurrence. In conjunction with SPECS,we employ several other checks managed by our Quality Control team to effectively organize workflow,analyze our performance,collect and interpret data,investigate vital points, identify major causes and reports to Omni management. Part of this organization includes our President/CEO who will personally conduct a walkthrough quality control check every two weeks and will be available more frequency as needed to respond to the City's needs. Our Project Manager, Alex Perez,will be the contact person for this project and will also conduct weekly audits of all facilities. He will be available to respond to inquiries, walkthroughs and inspections of the facilities as required/needed by the City. This complete organization, our valuable staff, coupled with SPECS (methodology) and our additional components will provide you with exceptional clean, safe and aesthetically pleasing facilities for your staff and visitors. ADDENDUM 41 City of Huntington Beach RFq#2022-0422,Reach Restroom Janitorial Services Price Sheet Update Chances t�o Price Sheet_ Amended Price sheet to be more clear and concise:Changes took place on Pages 12&15. 'No changes to the bid scope of work were made' Changes on Page 12 �hu..i.w..q C.nrruL\...nl I•..5. .. L111, OW t) .. i.Y)c oC,D Changes to Page is .sill;L.,.Wn _-- -- Nv.P:,k•uovv s_2J...[i.L.�__ - - I4`IIGO G \ aa Cur IIn..11,Pc.A:\:,.Ny s_ O 0 t I C'0,.(?l1 O N„n,mmn Ilnlw Pa,q. —— •ud local --'..—.—_--_- QUOTATION/BID SII P.4a'(ItevivrJ-AdJrnJum Vn. 1) BEACH RESTROOM JANITORIAL.SERVICES CITY BEACH Caul+Irm 1 lillin al I rrllo.r slnvhA baits _- Opens 7:W.1 h1 Nnrvl'enk Nrosmi I'nik 5rosuu--- BnursufOp...tion Clo (Narcmbrr wn III:W I'hl I 1 G\la'1"-OclnhrN l" IL nm•.I (L w....l .rm.1 dlanthly Cost 3XXk%\XSXS Stunrric Crand Tmol Annual Cost to w....S."..1"A N,:nm+ • .awe 1" A Srn..m):S_f�.-lj.(j_(]_ Wriltrn Crv111'1'mnl Annual Coal(Nun-Ptak SrmmiI I I'rak Srmml); r�fli �I , �(pr) j�!fJ] rL11L�LriILt_• I, -� 12 QUOTATION/9IU SHEE r II IINTINGTON HARBOR JANITOM AL SPRVICES I IUN'I'INGTON HARBOR PARKS/BEACHES Cunipine/1111-in ill rcllnrr shaded hns\s -- Ilou rs u f Opernllml Cloges MOM Warftnand Number Iluildlnp — xxxxxxxxx.x Nmubrr of — —. Natrnnm 5lglLc 8 xxXxxxxXxX Number of Teach Rrce uuclec up w I i I xxxxxXxxxx 1'a1v1 Nl.mfily Gm XXXXXXXXxX -_ IS f�,nr. 0 Tmal Amlwd Cay Nionthl)'x 12= Numrrir Grgnd'ru1g1 Annual('ml(I(umingrun 11,hnr): 5 i), or, l i \Vrlllrn Gru nJ Tolul,\nnuvi Cwl Illunliuplun fiv rhm': 13 QUOTATION / BID SHEET ADDITIONAL AS NEEDED SERVICES Complete/ fill-in all yellow shaded boxes �o Janitorial Hourly Rate $ 2 GI 0 0 Janitorial Daily Rate $ / 22S , o0 Power Washing Hourly Rate $ 70 of 14 SUMMARY QUOTATION/DID SII EE:1'(keviud-Addeuduw Nu. 1) INION'TFILY AND ANNUAL TOTALS Conydete/lilbin nll yelloic shiukJ Ireres --Bile/Lucutimt--— l—ulid Munthl) Curl _-------—� Tutnl Cost Citl•Ikach aA I now Cit) (leach(Perak Swson) S S U0 r _ f)uotingnm I Inibur 11.11ks/ S .J_G 0'(�1 S llc:cllLl _ nn11.f Grand Tolnl —__—_-----`-_' _ All Sitca Annunl Crmul'1'utol 15 ACo CERTIFICATE OF LIABILITY INSURANCE DATE INN OD `/ 1 05102/2022 i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGA71VELY 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. I IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,cortaln policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In Ilau of such endoreomonl(s). vaooucsa CONTACT fu Daniel Sassoon Brookhursl Insurance Services LLC ce0 B, (818)4857880 lac,nvh._(B�405-7856 15760 Ventura Blvd.Suite 1450 AD certflceles@brookhwsl.com INSURERS AFFORDING COVERAGE NAICp Encino CA 91436 INSURER A: Scottsdale Insurance Company 41297 INSURED INSURER a: United Financial Casualty Company 11770 Omni Enterprises,Inc. INSURER c: i 1420 E.Edinger Ave Suite#111 INSURER D: Santa Ana,CA 92705 INSURER E: ACE Fire Underwriters Insurance Company 20702 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TI4E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTVATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERIAS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF WSURANCE POLICY NUMBER MW EFF POLICY EXP LLWTS DDAYM X CONMFRCIAL GENERAL LIABILITY EAICH OCCURRENCE s 2,000.000 __ CWIASMAOE OCCUR ExGrT -Rr9TFff 5 100,000 -MAISES14ED EAP JMy one nrem 5 5,000 A CPS7427348 9/13/2021 911=022 PERSONAL S ADV INJURY 5 1,000.000 DENT.AOOREDAI E LIM 11 APKE B PEN: GEKRALA(SDRr.GATC $ 4,000,000 POLICY[D JFCT LOC PRODUCTS COMPIOP A00 s 2.000,000 OTHER, Deductible S 1.000 AUTOMOBRE LIAR1nY CCURme aEELI EL IT s 1.DDD,000 X NAY AUTO BOpLY INJURY tPer Pereanl $ ALL OWNED SCHEDULED B _ AUTOS AMOS 07913195-3 9/22021 9212022 aIXXLY INJURY(Per erdaenp S NON-OWNED R R MAli4— ARF 5 HIREDAUTOS _ AIJTCS (Wr ecddaeJ s UMBRELLA LIAU EACH OCCURRENCE 5 EICESS LIAb c OCG1R-aAADE APPROVED S TO FORM AGGREGATE s CEO RETENTIONS S WORKERS COMPENSATION PLx 4 AND EMPLOYERS'LIABILITY By'-- T F. ER E.GATES ANY PROPRIETORNARTNERJEAECUTIVE YIN MICHAE E.L.EACH ACCIDENT S OFFICCRAAE KR UICLUDEDI ❑NIA CITY A ORNEY al(M&ntlary IA NH) Iryym csr v dMer CITY OF HUfJ NG'TON DE CM E.L.DISEASE EA EMPLOYEE s =RIPTIONOFOPERATIONS be" EL DISEASE-POLICY LIMIT 5 Professional LlablRy Each Claim:$1,000.000 E Retroactive Date: 071192021 EONCAF162533762 07/192021 07119/2022 Aggregate Limit:51,000.ODO DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1ACORD 101,A44110441 RQNltle Schedule,may be&"ached U=To seam&Is re,a red) The City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are named as additional Insureds in regard to General Liability.Waiver of subrogallon In regard to General Liability In favor of the Contractor,Its officers,employees,and agents.Any other Insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and the General Liabil ty policy Is primary. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN I The City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTIIORQED REPRESENTATIVE Huntington Reach,CA 92648 _ 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 26(2014101) The ACORD name and logo arc registered marks of ACORD I AC O® CERTIFICATE OF LIABILITY INSURANCE nATFlMNm0 1 O6l021202222 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED,the pollcy(las)must have ADDITIONAL INSURED provisions or he endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on 1 this certificate does not confer rights to the certificate holder In Ilou of such ondarsoment(s). PRODUCER CONTACT Odella Sarrya NAME: Capital Providers Insurance PNONE (81B)6780016 (R19)878-0015 C [ IA(C,N.l: License NOH52316 noo S—r.. Odelle@CPISGroup.com 20760 VOOIUm Blvd.,Sto 305 INSURFR S AFFOROING.:OVERAGE HNC 0 Woodand Hills CA 91364 INSURERA: Falls LaXO Fire 8 Casually Company 16864 INSURED INSURERU: Omni Enterprise Inc INSURER C: 1420 East Edinger Avenue INSURER O: SUhe 225 INSURER E: Santa Ana CA 92867 INSURERF: COVERAGES CERTIFICATE NUMBER: 21-22 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED RELO W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIIHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECI T'O WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUHJECT TO ALL THE.TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR EYPEOFINSURANCE IN, t POLICY NUMBER NNIDOryYYY I.1A'JCOIYYYT LINTS COMMERCIAL OEN EARL LIABILItt EACH OCCURRENCE i CLA04SMADE OCCUR PREAu ES IF. S MEOEXP are non S PER60NALLADVINJURY S OES1 ACOREGATE UNIT APPLIES PER: GENERALAGOREGATE S PRO �� JECT LOG PNOWCIS-COAIPN)PAGO S OTHER $ AUIOM09UEL.IA8DIY C(Mde1NEDcdeenf LEI. IT S Ee e ANY AUTO BOOILYINIURYIP.IPald ) S OWNED SCHEDULED 90OILY INNRV(P.,ddddenD $ AUTOSONLY AUTOS HIRED NON OAWED PROPERetY UAMA � S AUTOSONLY AUTOSONLY S UMRR[LLA Lue OCCUR EACHCCCURRENCE S EXCESS UAa OlA\N'.S MADE AGDU:GATE S OED RETENTION S S LV(IRNERS COMPENSAADN x PER T& AMEEMPLOYFIS'UABILIW YIN STATUTE ER A ANYPROMETORNARTNERIFXEW11 ❑ NIA Y FlA01dB3001 08N12021 OU/0U2022 EL EACHACCADENT S 1,ODO,000 OFFICERAMEMSEAFXCLUDED? 1,000,000 (M.naatvy In NH) EL DISEASE-EA FNPLOYEE S U rn,d,a "I 1,000,000 DESCRWnON OF OPERATIONS bbx E.L DISEASE-POL ICY LIMIT S DESCRIPTION OF OPERAWN SI LOCA1 IONS I VEHICLES(ACORD 101,Addiaoml R Irvk.Sdh.W ,may Da.trt Md It man aped 1.ngw.d) Nratver of Subregallon In favor of The City,Its o0kers,elected Or appolnlad olgcllas,Employees,agents,and volunteers apples b the Workers Compensation when required by wnimn contract par the attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beech ACCORDANCE WITH THE POLICY PROVISIONS, 2000 Main Street AUTHORIZED RC-PRESF.NTAVVE Huntington Beach CA 92648 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD i I POLICY NUMBER: CPS'142734e COMMERCIAL GENERAL LIABILITY CG20101219 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 I Name Of Additional Insured Person(s) Or Organ ization s Locations Of Covered Operations THE CITY OF HUNTINGTON BEACH. , ITS 1420 E EDINGER AVE, SUITE ff225, SANTA OFFICERS, ELECTED OR APPOINTED OFFICIALS, ANA, CA., 92705 EMPLOYEES, AGENTS AND VOLUNTEERS I Information required to complete this Schedule If not shown above,will be shown In the Declarations. A. Section II — Who Is An Insured Is amended to B. With respect to the Insurance afforded to these include as an additional Insured the person(s) or additional insureds, the following additional organizatlon(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 w furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs)to be performed by or on behalf of the In the performance of your ongoing operations for additional Insured(s) at the location of the the additional Insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its intended use by any person or organization 1. The Insurance afforded to such additional other than another contractor or subcontractor Insured only applies to the extent permitted by engaged In performing operations for a principal law; and as a part of the same project. 2. If coverage provided to the additional Insured is required by a contract or agreement, the Insurance afforded to such additional Insured will not be broader then that which you are required by the contract or agreement to provide for such additional Insured. CG 20 10 12 19 0Insurance Services Office, Inc., 2018 Page 1 of 2 i C. With respect to the Insurance afforded to these 2. Available under the applicable limits of additional Insureds, the following Is added to Insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional Insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we I will pay on behalf of the additional Insured is the limits of Insurance. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc.,2018 CG 20 10 12 19 POLICY NUMBER: CPS7427348 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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: i COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatlon(9) Location And Descriptlon Of Completed Operations THE CITY OF HUNTINGTON BEACH , I.TS 1420 F. EDINGER AVE, SUITE 0225, SANTA OFFICERS, ELECTED OR APPOINTED OFFICIALS, ANA, CA, 92705 EMPLOYEES, AGENTS AND VOLUNTEERS l i I Information required to complete this Schedule If not shown above will be shown In the Declarations. i A. Section 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 is added to organization(s) shown In the Schedule, but only Section III—Limits Of Insurance: with respect lo liability for"bodily Injury"or"properly If coverage provided to the additional insured is damage"caused,In whole or In part, by"your work" required by a contract or agreement, the most we at the location designated and described In the will pay on behalf of the additional Insured is the I Schedule of this endorsement performed for that amount of Insurance: additional Insured and Included In the "products- completed operations hazard". 1. Required by the contract or agreement;or However: 2. Available under the applicable limits of 1. The Insurance afforded to such additional Insurance; Insured only applies to the extent permitted by whichever is less. law;and This endorsement shall not Increase the applicable 2. If coverage provided to the additional Insured is limits of Insurance. required by a contract or agreement, the Insurance afforded to such additional insured will not be broader than that which you are required by the contractor agreement to provide l for such additional Insured. i CG 20 37 12 19 ®Insurance Services Office, Inc., 2018 Page 1 of 1 i POLICY 9:CPS7427349 COMMERCIAL GENERAL LIABILITY EFFECTIVE DATE: 911312021-9113/2022 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 I The following is added to the Other Insurance Condi- (2) You have agreed in writing in a contract or lion and supersedes any provision to the contrary: agreement that this insurance would be pri- Primary And Noncontributory Insurance mary and would not seek contribution from any other insurance available to the additional This insurance is primary to and will not seek con- insured. tribution 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 CG 20 01 04 13 Copyright, Insurance Services Office,Inc.,2012 Page 1 of 1 INSURED i WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2_5% of the California workers' compensation premium otherwise due on such remuneration. I Schedule i Person or Organization Job Description Blanket Waiver of Subrogation As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. This endorsement changes the policy to which It Is attached and is effective on the date Issued unless otherwise staled (Tho Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 08-01-2021 Polity No. FLA014930-01 Endorsement No. Insured Insurance Company Omni Enterprise,Inc.(A Corp) Fails Lake Fire 8 Casualty Company Countersigned By ®1998 by the Workors'Componsalion Insurance Rating Bureau of Callfomla.All rights rosorvod. J ENDORSEMENT .1 � SCOTTSDALE INSURANCE COMPANY" NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (p:EI A.M.STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMUEH CPS'7427348 09/13/2021 OMNI ENTERPRISES O401LK THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION II - WHO IS a. All work, including materials, parts or equip- AN INSURED is amended to include as an additional in- ment furnished in connection with such work, sured any person or organization whom you are required on the project (other than service, mainte- to add as an additional insured on this policy under a writ- nance or repairs)to be performed by or on be- ten contract, written agreement or written permit which half of the additional insured(s) at the location must be: of the covered operations has been com- a. Currently in effect or becoming effective during pleted; or the term of the policy:and b. That portion of your work"out of which the in- b. Executed riot to the"bodil ' ert jury or damage arises has been put to its in- b. y In iuro ry' p p y tended use by any person or organization damage,"or"personal and advertising injury." other than another contractor or subcontractor The insurance provided to these additional insureds is lim- engaged in performing operations for a princi- ited as follows: pal as a part of the same project. 1. That person or organization is an additional in- 3. The limits of insurance applicable to the additional sured only with respect to liability for 'bodily insured are those specified in the written contract, injury,""property damage"or"personal and adver- written agreement or written permit or in the Decla- tising injury"caused,in whole or in part, by: rations for this policy,whichever is less. These lim- its of insurance are inclusive of,and not in addition a. Your acts or omissions:or to, the Limits of Insurance shown in the Declara- b. The acts or omissions of those acting on your lions for this policy. behalf. 4. Coverage is not provided for"bodily injury." "orop- A person's or organization's status as an additional erty damage," or "personal and advertising injury" insured under this endorsement ends when arising out of the sole negligence of the additional your operations for that additional insured are insured. completed. 5. The insurance provided to the additional insured 2. With respect to the insurance afforded to these ad- does not apply to 'bodily injury," "property dam- ditional insureds, the following exclusions are age," or "personal and advertising injury" arising added to item 2. Exclusions of SECTION I - out of an architect's, engineer's or surveyor's ren- COVERAGES: dering of or failure to render any professional serv- ices including: This insurance does not apply to "bodily injury," "property damage"or'personal and advertising in- jury"occurring after: Includes copyrighted material of ISO Properties,Inc.,with its permission. Copyright,ISO Properties.Inc..2004 GLS-150s(7-06) Page 1 of 2 INSURED i a. Tne preparing, approving or failing to prepare written contract specifically requires that this insur- i or approve maps,shop drawings,opinions, re- ante be primary. ports, surveys, field orders, change orders or drawings and specifications; and When this insurance is excess,we will have no du- ly under SECTION I -COVERAGES to defend the b. Supervisory, inspection, architectural or engi- additional insured against any "suit"if any other in- i neering activities. surer has a duty to defend the additional insured 6. Any coverage provided hereunder will be excess against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to over any other valid and collectible insurance avail- the additional insured's rights against all those oth- able to the additional insured whether primary, ex- er insurers. j cess, contingent or on any other basis unless a I I I i AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of 150 Properties,Inc.,with Its permission. Copyright.ISO Properties.Inc..2004 ULS-150s(7.06) Page 2 of 2 j ! CPS7427348 I POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US i This endorsement modifies insurance provided under the following: I COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF I RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS. i I Information required to complete this Schedule,if not shown above,will be shown in the Declarations. I The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sectlon IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work"done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. �I i I ! CG 24 04 05 09 Copyright, Insurance Services Office.Inc.,2008 Page 1 of 1 INSURED ch2404a.fap