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HomeMy WebLinkAboutBeach Cities Flooring, Inc. - 2022-10-19 (3) A1vlENDMENT;NO l TO AGTtEEMENT BET WEEK THE CITY'OF i,.. TINGTON BEACH AND BEACH CI1 IES T;LOO ING,,TNC.y : .. CARPET',SERVICES AT EDWARI S I ITtE S`T"ALIGN Ott i`t;D AT 18S9l,FDWARDS;;STREET, . IUNTINGTON BEACH,CA 92G48:: TINS.-AMENDMENT is made and enteied:into.by and,:between the CI'rY OF HUNTI TeTON BEACH,a:California municipal coipoiation;heteinafter refe �ed_to as City,"aid BEACHCITIES FLOORING,INC ,lier�einaftet referred to as"Consultant" ,: • VHEREAS,City and:Consultant a e parties to that certain agreement;dated Octobei l ;2022 entitled"Service A reenient Between the Ctt` of`Hunt►n tin Beaeh. and Beach Cities Flooring,Inc for Carpet Services at 13dwaads,Fii a Station Located at'` 18511 clurardsY,Sh eet TTunt'ington beach,CA 2fi411",which agreement shall hereinaffier be xeferied to as.the,"Original Ag�reeinent";.and City and Consultant wish to-,amend toe Original Agreement to:metease the amount if compensation to.be paid to Consultant,- • NOW, I HERB ORB,it is agreed by City;and Consultant a.s(allows; I ;•ADDITIONAL•,COMPENSATION In consideration of the see vices to be petfoamed:under the Oiigrna Agreement,Crtv agrees to pay Crontsuitant at the rates;specified in Exhibit B utihich`is . attached hereto-'and rncoipoiated by,-refere%ce tnt i this A:greer ent City further agrees to pay Consultant;an additional suin rich to exceed Twa Thousand Sint Hundred Sixty . Dollars($2,660 00} :The.aadit anal`sum shall be added fo the original sure at Nineteen Tl ousand Owe klund ed Forty Severn•Dcrltar and, eventy Two Cents($1 ,I4?72),`foa a 2312G8t/306418', 1,., ; new contract amount not to exceed Twenty One Thousand Eight Hundred Seven and Seventy Two Cents ($21,807.72). 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 _144:y lle/ ,2023. BEACH CITIES FLOORING,INC. CITY OF HUNTINGTON BEACH,a municipal corporation of the State of By: t California print name ITS: (circle one)Chairman/President/Vice President Mayor AND City Clerk By: INITIATED AND APPROVED: print name ITS:(circle one)Secretary/Chief Financial Officer/Asst.Secretary-Treasurer Fire Chief APPROVED AS'TO FORM: City Attorney kt. COUNTERPART 23-12681/306418 2 new contract amount not to exceed Twenty One Thousand Eight Hundred Seven and Seventy Two Cents ($21,807.72). 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 / itt I /b' ' , 2023. BEACH CITIES FLOORING, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name !�7 ITS: (circle one)Chairman/PresidentNice President Mayor AND 9AW411414eid City Clerk By: INITIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Fire Chief APPROVED AS FORM: Cit Attorney COUNTERPART 23-12681/306418 2 Beach Cities Flooring, Inc. 16392 Gothard Street, Suite E Estimate Huntington Beach, CA 92647 Lic # 1037874 Date Estimate ... 1/20/2023 1445 Client's Name and Address Huntington Beach Fire Department 2000 Main Street Huntington Beach, CA 92648 Terms Rep. Project Site Due on receipt PB Edwards Station Project Scope Change.Order-Additional Work Add 3 Rooms (Locker Rooms) 56 yards from stock. Demo, 6" Base, Carpet and Install Please Note: Product price of LVP and Laminate may go up due to impending trade teriff with China. Thank you for your business. Project Total $2,660.00 This proposal/contract does not include any preparation or repairs,to any surface,not mentioned above.Any additional preparation/repairs will be charged at$55.00 per man,per hour plus materials.Acceptance of this proposal authorizes Beach Cities Flooring to order all materials&scheduled installation relating to the above referenced project. I acknowledge(by signing below)that I have received,read and agree to Boyer-Ambrose Terms and Conditions. Clients Signature SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEACH CITIES FLOORING,INC. FOR CARPET SERVICES AT EDWARDS FIRE STATION LOCATED AT 18591 EDWARDS STREET, HUNTINGTON BEACH,CA 92648 THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach,a municipal corporation of the State of California,hereinafter called "City,"and Beach Cities Flooring,Inc.,hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of carpet 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 Paul Boyer,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. 22-11976/294052 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement,shall not exceed Nineteen Thousand One Hundred Forty Seven Dollars and Seventy Two Cents($19,1 47.72) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence October 19,2022,or as soon as practicable after the execution of this Agreement by City(the"Commencement Date")and terminate October 19, 2023,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A"are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder,including,without. limitation,all original drawings, designs, reports, both field and office notices, calculations,computer code, language,date or programs,maps,memoranda, letters and other documents,shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 22-11976/294052 2 7. }told Harmless Contractor hereby agrees to protect,defend, indemnify and hold harmless City,its officers, elected or appointed officials, employees,agents, and volunteers from and against any and all claims,damages, losses,expenses,judgments,demands and defense costs, and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor,caused in whole or in part by any negligent act or omission of the Contractor,any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,including but not limited to concurrent active or passive negligence,except where caused by the active negligence,sole negligence,or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code,which requires every employer to be insured against liability for workers' compensation;Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors'employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City,Contractor shall obtain and furnish to City,a policy of general public liability insurance,including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers,employees and agents while acting within the scope of their duties,against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability,of One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 22-11976/294052 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 Iiability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate"Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention,"deductible"or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b, state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice; however,ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay,in a prompt and timely manner,the premiums on the insurance hereinabove required. 22-11976/294052 4 12. Independent Contractor Contractor is,and shall be,acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense,and be responsible for any and all payment of all taxes, social security,state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty(30)days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date,and in such case such work product shall be the property of the City unless prohibited by law,and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor,and supersedes any and all other agreements,oral or written,between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with,or in addition to,the terms and conditions hereof,shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations,inducements,promises or agreements, orally or otherwise, have been made by any party,or anyone acting on behalf of any party,which are not embodied herein. 22-11976/294052 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer,delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates,or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove)or to City as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery,a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Beach Cities Flooring, Inc. Attn: Fire Chief Attn: Paul Boyer 2000 Main Street 16392 Gothard Street, Suite E Huntington Beach,CA 92648 Huntington Beach,CA 92647 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22-11976/294052 6 21. Section Headings The titles,captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions,and do not interpret,define,limit or describe,or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole,according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void, illegal or invalid,such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law,and wherever there is any conflict between any provision contained herein and any present or future statute,law,ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail,and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have'been prepared and signed in counterparts as duplicate originals,each of which so executed shall, irrespective of the date of its execution and delivery,be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular,comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services,and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; 22-11976/294052 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement,it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed,religion, sex, marital status,sexual orientation,age,national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment,selection,training,utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance,and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity,interpretation,performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall,through the term of this Agreement,maintain all necessary licenses,permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses,approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22-11976/294052 8 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be • executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a BEACH CITIES FLOORING, INC. municipal corporation of the State of California .4(id,<-/--(-- 010 1 Mayor , `1� L Li �jo ,( Print name I T ITS: (circle one)Chairman/President/ 61 9A0b1444,1414) Vice President - City Clerk 42'16-42 AND By: _ INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Fire Chief APPROVED A ' FORM: City Attorney UtJJJ REV W'bAND APPROVED: Cit ag 22-11976/294052 10 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement,and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises,agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement,and that that party has not executed this Agreement in reliance on any representation, inducement, promise,agreement warranty,fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22-11976/294052 9 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) SEE ATTACHED EXHIBIT A B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 22-11976/294052 II Beach Cities Flooring, Inc. ExhibitA 16392 Gothard Street, Suite E Estimate Huntington Beach, CA 92647 Lic # 1037874 Date Estimate ... 8/25/2022 1338 Client's Name and Address Marty(714) 308-0911 Huntington Beach Fire Department 2000 Main Street Terms Rep Project Site Huntington Beach, CA 92648 Material Deposit Requested PB Edwards Project Scope Furnish and install squares (to be determined) Areas - Nine (9) rooms and offices. Includes: Demo existing carpet, new 6" base, remove and reset furniture, product, labor, freight and tax. Approximate Carpet Square Total: $ 16,685.00 Additional work to be dome in Hallway: Demo glue down carpet in hallways @ $ 1,175.00 Demo and repair 6" base with tax and freight @ $ 1,287.72 Additional Hallway Work Total: $ 2,462.72 Please Note: Cost may vary depending on product selection. Please Note: Product price of LVP and Laminate may go up due to impending trade teriff with China. Thank you for considering Beach Cities Flooring. Project Total $19,147.72 This proposal/contract does not include any preparation or repairs,to any surface,not mentioned above.Any additional preparation/repairs will be charged at$55.00 per man,per hour plus materials.Acceptance of this proposal authorizes Beach Cities Flooring to order all materials&scheduled installation relating to the above referenced project. I acknowledge(by signing below)that I have received,read and agree to Boyer-Ambrose Terms and Conditions. Clients Signature Beach Cities Flooring, Inc. Exhibit13 16392 Gothard Street, Suite E Estimate Huntington Beach, CA 92647 Lic # 1037874 Date Estimate ... 8/25/2022 1338 Client's Name and Address Marty (714) 308-0911 Huntington Beach Fire Department 2000 Main Street Terms Rep Project Site Huntington Beach, CA 92648 Material Deposit Requested PB Edwards Project Scope Furnish and install squares (to be determined) Areas - Nine (9) rooms and offices. Includes: Demo existing carpet, new 6" base, remove and reset furniture, product, labor, freight and tax. Approximate Carpet Square Total: $ 16,685.00 Additional work to be dome in Hallway: Demo glue down carpet in hallways © $ 1,175.00 Demo and repair 6" base with tax and freight @ $ 1,287.72 Additional Hallway Work Total: $ 2,462.72 Please Note: Cost may vary depending on product selection. Please Note: Product price of LVP and Laminate may go up due to impending trade teriff with China. Thank you for considering Beach Cities Flooring. Project Total $19,147.72 This proposal/contract does not include any preparation or repairs,to any surface,not mentioned above.Any additional preparation/repairs will be charged at$55.00 per man,per hour plus materials.Acceptance of this proposal authorizes Beach Cities Flooring to order ail materials&scheduled installation relating to the above referenced project. I acknowledge(by signing below)that I have received,read and agree to Boyer-Ambrose Terms and Conditions. Clients Signature EXHIBIT "B" Payment Schedule(Fixed Fee Payment) SEE ATTACHED EXHIBIT B 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; I)) Include a certification by a principal member of CONSUL;TANT's firm that the work has been performed in accordance with the provisions of this Agreement;and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 22-1 1 976/294052 12 ® DATE(MMIDDIYYYY) ` lev CERTIFICATE OF LIABILITY INSURANCE 11/03/2022 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 poilcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kashl Afzal NAME: StateFarm AFZAL INSURANCE AGENCY,INC P�pHIO No.Ext1: 714.598.2818 FAX 714.598.2808 I 0 16742 Gothard St.Suite#101 E•VL SERVICEQSFBeslinsurance,com 0.0, WADDRESS: Huntington Beach CA 92647 INSURER(S)AFFORDING COVERAGE NAIL# Lic#0M69598 INSURER A; State Farm General Insurance Company 25151 INSURED INSURER s: State Farm Fire and Casualty Company 25143 BEACH CITIES FLOORING,INC. INSURER C: 16392 GOTHARD ST STE E INSURER o: HUNTINGTON BEACH,CA 92647 INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TYPE OF INSURANCE ADOL SUER POLICY EFF POLICY EXPLTR R INSD WVD POLICY NUMBER (MMIDDIYYYY1 IMMID01YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGE TOENTED CLAIMS-MADE 71 OCCUR PREMISES Eaoccurrencel $ 300,000 MED EXP(Any one person) $ 5,000 A — Y Y 92-GC-Y931-5 08/01/2022 08/01/2023 PERSONAL&AOVINJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY n ye IX LOC PRODUCTS-COMPIOP AGO $ 2,000,000 _ OTHER: APPRO 6P AS TO FORM, $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _ (Ea=Monti ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED By: �_� AUTOS ONLY _ AUTOS MICHAEL E.GATES BODILY INJURY(Per occident) S HIRED NON-OWNED CITY ATTORNEY PROPERTY DAMAGE $ AUTOS ONLY _AUTOS ONLY CITY OF HUNTINGTON BEACH (Per eccldentl $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION xI PER STATUTE I ER AND EMPLOYERS'LIABILITY B ANY OFFICER/MEM ERPEXCLUDED ECUTIVE YE NIA Y 92-KA-S891-4 08/01/2022 08/01/2023 EL.EACH ACCIDENT $ 1,000,000 (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ 1,000,000 IDESGRIPTs I�ONuOf OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES(ACORD 101,Addlllonal Remarks Schedule,may be attached II more space Is required) Certificate Holder Is Additional Insured 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 Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach,CA 92648 0 1988-20 AC• e'ORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001488 132849.12 03-18.2018 TF Policy No. 92 GCY931 5 75-149F Page 1 of THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4786 ADDITIONAL INSURED—OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 GCY931 5 Named Insured: BEACH CITIES FLOORING INC 16392 GOTHARD ST STE E HUNTINGTN BCH CA 92647-3646 Name And Address Of Additional Insured Person Or Organization: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS 2000 MAIN ST • " - " " HUNTINGTON BEACH,CA 92648-2702 1. SECTION II — WHO IS AN INSURED of b. Products-Completed Operations SECTION II — LIABILITY is amended to in- "Your work" performed for that additional dude, as an additional insured, any person insured and included in the "products- or organization shown in the Schedule, but completed operations hazard". only with respect to liability for "bodily In- 2. Any Insurance provided to the additional in- jury", "property damage", or "personal and sured shall only apply with respect to a claim advertising injury" caused, in whole or in made or a "suit" brought for damages for part, by: which you are provided coverage. a. Ongoing Operations 3. Primary Insurance. The insurance afforded the additional Insured shall be primary insur- (1) Your acts or omissions; or ance. Any insurance carried by the additional insured shall be noncontributory with respect (2) The acts or omissions of those acting to coverage provided by you. on your behalf; There will be no refund of premium in the event in the performance of your ongoing opera- this endorsement is cancelled. tions for that additional Insured; or All other policy provisions apply. CMP-4786 1006104 137713.1 10-23-2013 0,Copyright,State Farm Mutual Automobile Insurance Company,2008 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. =sr ~=_ :. •• • • • • l� em • • l' a� —'cx-K e•d' .;,$ram, •�:is.' 63 • K -µme v,p. •• • • • • • .. Ra�olul• •• Mo.•2• . - • • CITY OF T • HUN XNGT�N BEACH -: ' N 2000 Main Street Huntin_ on Beach CA 92648 - • • DECLARATION OF PERMITTEE • . . • . • :.. I certify that no.vehicle(s) will be used or operated .in the performance of the • • . . task(s)or event(s) for which this permit is granted. . . I auth• orize the. City.of Huntington Beach to immediately and retroactively revoke the lic•ense• or permit issued in connection with or in the performance of said task(s) '....or even•ts)if any vehicle(s); ) is used. r1 Signature of Permittee k1.i.,.---,.,-2..,, 'f/'r'- . .•.._....••..•..•. ..•• ..•-.:..-- . p0.x • • .•.. - `lPrigt name 1 f? Q.( :.Company:name.(if appiicabk) • :i )LhLC). �1 "e b 1-rl•l b01'I sign 3:. :' ': `:"- ;;Detest ed ; . . 1>t Al ),ti'a, LL - .l_�,::.�..:,.>,:.�::.:�':.:.:::mot] .:"ii::i'_•.-':•;eye,"^: - _ -— -- __ _ _ YY'J..iMM ,7Y^,:ry : �EXHZHIT -...--!' ....:;,,,:... ii,:, ,,oh s::• �,.,..i.:.......... ._..-...w. :. :.d..:-._.,r- ..•ems ..,.bc-...: t ._:- ,�-».....,..., �..:.:r=:.>.::.;_ ..... _,_. ..:.-,.:.;:..:......: `�. .max,:,,,-..���:,.xa�-_.,-�... ................:..:.:: : - . I CMP-4787 TF Policy No. 92 GCY931 5 75-149F Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 GCY931 5 Named Insured: BEACH CITIES FLOORING INC 16392 GOTHARD ST STE E HUNTINGTN BCH CA 92647-3646 Name And Address Of Person Or Organization: CITY OF HUNTINGTON BEACH 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 The following is added to Paragraph 10.b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under 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. All other policy provisions apply. CMP-4787 1008225 137715.1 11-19-2013 O.Copyright,State Farm Mutual Automobile Insurance Company,2008 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. 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 5 % of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Huntington Beach Flooring 2000 Main Street Contract/Payroll: $2,000 Huntington Beach, CA 92646 This endorsement changes the policy to which It is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 11/02/22 Policy No. 92 ICAS891 4 Endorsement No. Insured BEACH CITIES FLOORING INC Insurance Company State Farm Fire and Casualty Company Countersigned By WC 04 03 06 (Ed.4-84) 1007722 124282.2 01-25-2019 jorinTINGT Iok ••-""".............. ....... City of Huntington Beach '��rFoe =' s`` 2000 Main Street ♦ Huntington Beach, CA 92648 i = �,�`_� (714) 536-5227 • www.huntingtonbeachca.gov •02.0.0160,FcouNT`I•�Pilo Office of the City Clerk � Robin Estanislau, City Clerk December 12, 2022 Beach Cities Flooring, Inc. Attn: Paul Boyer 16392 Gothard Street, Suite E Huntington Beach, CA 92647 Dear Mr. Boyer: Enclosed is a fully executed duplicate original of the Service Agreement between the City of Huntington Beach and Beach Cities Flooring, Inc. for Carpet Services at Edwards Fire Station Located at 18591 Edwards Street, Huntington Beach, CA 92648. Sincerely, (501/4q) 9,641114,4,44)� Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan