Loading...
HomeMy WebLinkAboutPerformance Abatement Services, Inc. - 2023-02-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PERFORMANCE ABATEMENT SERVICES, INC. FOR COMPREHENSIVE ABATEMENT SERVICES 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 Performance Abatement Services, 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 comprehensive abatement 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 Jeff Munson,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. 22-12154/297623 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 Five Hundred Thousand Dollars ($500,000.00) per year, for any one year, during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works Operations Department's annual not to exceed amount. 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 c f )38, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from Commencement Date, 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. 22-12154/297623 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether 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, 22-12154/297623 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 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. 22-12154/297623 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. 22-12154/297623 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 Performance Abatement Services, Inc. Attn: Director of Public Works Attn: Graham Brown 2000 Main Street 11145 Thompson Avenue Huntington Beach, CA 92648 Lenexa, KS 66219 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. 22-12154/297623 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; 22-12154/297623 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. 22-12154/297623 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 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. 22-12154/297623 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a PERFORMANCE ABATEMENT municipal corporation of the State of SERVICES,INC. California By.: og&L.3 Mayor Print name ITS: (circle one)Chairman resident Vice President City Clerk /i34/2; y; , INITIATE) AND APPR• = grit ,11- ITS: (cn•c e one CD Chief Financial //���� Officer/Asst. Secretary- reasurer _ff ; /_/S�— Director of Pu orks APPROVED AS RM: City At . 1 AND AP' OVED: ,o City WY 22-12154/297623 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide comprehensive abatement services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 22-12154/297623 11 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT "B" B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set 22-12154/297623 12 forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and 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. 22-12154/297623 13 GENERAL CONTRACTING/PAIN1e/WECTRICAL AND MECHANICAL MAINT.SERVICES BID SHEETS GENERAL CONTRACTOR SERVICES Contractor Name: Performance Abatement ServicesDate: 9/28/22 Instructions for completing Bid Sheet: 1. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2. Attach and include in your submittal only those bid sheets you are quoting. 3. Attach a current rate sheet/fee schedule and include with your submittal. 4. Fill in the company name above and the boxes below, circle$ or% sign for markup. ITEM NORMAL BBUSINESS HOURS Labor hourly rate $ See Attached Rate Sheet Materials markup $ or% 15 f// A 4955 E.Landon Drive Anaheim,CA. 92697 Pr"RI O12WI ANC I Phone:(657)345-6181 ABAEEMEN1 SLM(rs Fax:(657)331-6927 RATE SCHEDULE FOR MASTER AGREEMENT FOR GENERAL CONTRACTING SERVICES LABOR BILLING RATE SHEET Effective 6/30/22 thru 6/30/22 Labor Classification(Prevailing Wage) Straight Time Overtime Double Time General Foreman(GF) $ 117.30 $ 159.41 $201.53 Foreman(F) $ 110.92 $ 142.32 $ 177.22 Laborer(L) $ 107.25 $ 136.97 $ 170.17 Rates above are labor only and do not include material Third Party Equipment Rental Rates: Third-party equipment rental will be billed at invoiced plus a 15%fee. PAS Owned Equipment Rental Rates: Please see attached sheet Material: Material is to be charged in accordance with PAS industrial catalog prices in effect at the time of shipment plus 15%fee. Third Party: Third-party charges will be billed at invoiced cost plus a 15%fee. PAS PERFORMANCE ABATEMENT SERVICES INC PAS-Owned Equipment Rental Customer Name City of Anaheim PO/Release No. Rental Period PAS Job No. Usage Rates Equipment Description Extension Qry Days Weeks Months , Daily Weekly Monthly 1 Asbestos Abatement i W Air Sampling Pump $ 12.00 $ 48.00 $ 168.00 $ - Air Gas Monitor 50.00 206.00 720.00 - Hi Volumn Pump 20.00 80.00 240.00 - Asbestos Vacuum 35.00 64.00 154.00 - Asbestos Vacuum,Wet/Dry 62.50 258.00 900.00 - Fogger Unit 4.00 ' 16.00 56.00 - Manometer 35.00 140.00 420.00 - Negative Air Unit,2000 cfin 32.50 88.00 310.00 - Negative Air Unit,6000 cfin 65.00 176.00 620.00 - PAPR Respirator w/Battery 29.00 120.00 420.00 - Plastic Dump Cart,'/2 yd 12.00 50.00 175.00 - Plastic Dump Cart,1 yd 15.00 62.00 220.00 - Shower,Pump,Filter&Heater 45.00 180.00 540.00 - Airless Sprayer 40.00 160.00 480.00 - Scrapaway Buffer 35.00 140.00 420.00 - 1 i General Use 1 Drill or Girnder $ 15.00 $ 60.00 $ 180.00 $ - Electric Sawsall 15.00 60.00 180.00 - Trailer 35.00 144.00 504.00 - Electric Circular Saw 12.00 50.00 ! 175.00 - Power Washer 35.00 140.00 420.00 Pickup Truck 100.00 y 400.00 1,200.00 - Generator 100.00 300.00 900.00 - Power Panel 15.00 60.00 180.00 - Harness&Lanyard 20.00 80.00 240.00 - Baker Scaffold 70.00 280.00 840.00 - Electrical Cord w/GFI 5.00 21.00 73.50 - Step Ladder 20.00 80.00 240.00 - Ext Ladder 50.00 200.00 600.00 - Light Stand, 1 Lamp 4.00 17.00 59.50 - Light Stand,2 Lamp 5.00 21.00 73.50 - Radio,2-Way 18.00 75.00 262.50 - Cutting Tourch Set 40.00 160.00 480.00 - Total Rental Charges CUSTOMER Performance Abatement Services hops:llpcgdoud-my.shsrepolnl.cortt/personaltjef mureon _comlDocuments/Desktop/City of Huntington Beach RFQ 2022/PAS Equipment Rental Rates xis i ------mil, ® DATE(MM/DD/YYYY) AcctRU CERTIFICATE OF LIABILITY INSURANCE L.------ 4/1/2023 11/3'0/2022 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 pollcy(Ies)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). O PRODUCER LGckton Companies NAMEACT 444 W.47th Street,Suite 900 PHONE FAX Kansas (A/C.No.Est): INC.Not. City MO 64112-1906E-MAIL $-MAIL (816)960-9000 ADDRESS: kctSUQl0Ckton.00111 INSURER(S)AFFORDING COVERAGE - NAICf1 INSURER A:Zurich American Insurance Company 16535 INSURED PERFORMANCE ABATEMENT SERVICES,INC. INSURER B:American Guarantee and Liab.Ins.Co. 26247 _ 1 12283 207-ISSD INSURER c:Steadfast Insurance Coinpat y 26387 4955 E.LANDON DRIVE INSURER 0 ANAHEIM CA 92807 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1911.1333 REVISION NUMBER: XXXXXXX 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.XP _ INSRLR TYPE OF INSURANCE ADM. SUER POLICY NUMBER (MM1DOmYY) (MM/DDmYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y N GLO 0141249-05 4/1/2022 4/1/2023 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE I X.i OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 _ .._. APPRQVED AS T FORM PERSONAL&AM/INJURY $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X jECT LOC By: ,llhk, __ PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: MIC • •' S A AUTOMOBILE LIABILITY Y N BAP 0141250.05 CI ATTOR COMBID SINGLE LIMIT $ 2,000,000 'Y/2022 4/1/2023 (EaecdNEdenl) X ANY AUTO CITY OF HUNTING N BEACH BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS ONLY AUTOS - HIRED NON-OWNED PROPERTY DAMAGE' $ XXXXXXX AUTOS ONLY _ AUTOS ONLY (Per accld5ni)__ X MCS-90 $ XXXXXXX B x UMBRELLA LIAB X OCCUR Y N AUC 0141262-05 4/1/2022 4/1/2023 EACH OCCURRENCE _ $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE S 10,009,000___ DED X RETENTIONS $0 s XXXXXXX WORKERS COMPENSATION N X PER TUTE ER A AND EMPLOYERS'LIABILITYWC 05 4/1/2022 4/1/2023 A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N [INCL.STOPGAP/WAUSL&H] E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? INI N/A , (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ 1,000,000 C CONTRACTORS N N PEC0141251-05 4/1/2022 4/1/2023 $5,000,000CLAIM/AGO POLLUTION AND POLLUTION LIMIT; PROFESSIONAL $5,000,000 CLAIM/AGG LIABILITY PROFESSIONAL L(ML'C DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORO 101,Additional Remarks Schedule,may he attached If more space Is required) FOR CANCELLATION,THE 1NSURER(S)WILL SEND 30 DAYS NOTICE OF CANCELLATION AND WILL SEND 10 DAYS NOTICE FOR NONPAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER LISTED BELOW.ADDITIONAL INSURED STATUS(IF SPECIFIED HEREIN)DOES NOT EXTEND TO PROFESSIONAL.LIABILITY COVERAGE. CITY OF HUNTINGTON BEACH,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS,AND VOLUNTEERS IS/AREADDED AS ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY COVERAGE BASIS AS RESPECTS LIABILITY COVERAGE FOR THIS PROJECT AND SUBROGATION IS WAIVED AS RESPECTS WC,GL, AUTO,EXCESS AND/OR UMBRELLA FOR THIS PROJECT AS PERMITTED BY STATE.INSURANCE SHOIVNAPPLIES ONLY TO EXTENT OF WRITTEN CONTRACT.EXCESS LIABILITY IS FOLLOW FORM OVER GENERAL,AUTO AND EMPLOYERS LIABILITY COVERAGE. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 19111333 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, CITY OF HUNTINGTON BEACH 2000 MAIN ST. AUTHORIZED REPRESENTATI r HUNTINGTON BEACH CA 92648 1 Ace /11 47nla ©1988°015 ACORD CORPORATION. Ali rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • Attachment Code:D618806 Certificate ID: 19111333 POLICY NUMBER:GLO 0141249-05 COMMERCIAL GENERAL LIABILITY CO 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): The City of Huntington Beach,its officers, Any Location or project,other than a wrap-up or elected or appointed officials,employees,agents other consolidated insurance program location and volunteers or project for which insurance is otherwise separately provided to you by a wrap-up or other consolidated insurance program 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 parson(s)or additional insureds,the following additional exclusions organization(s)shown in the Schedule,but only 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.All work,including materials,parts or equipment 1.Your acts or omissions;or furnished in connection with such work, 2.The acts or omissions of those acting on your on the project(other than service,maintenance behalf; or repairs)to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s)at the location of the the additional insured(s)at the locatlon(s)designated covered operations has been completed;or above. 2.That portion of"your work"out of which the injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20100704 Attachment Code:D618806 Certificate ID: 19111333 POLICY NUMBER:GLO 0141249-05 COMMERCIAL GENERAL LIABILITY • CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s): The City of Huntington Beach,its officers, Any Location or project,other than a wrap-up or elected or appointed officials, employees,agents other consolidated insurance program location and volunteers or project for which insurance is otherwise separately provided to you by a wrap-up or other consolidated insurance program Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily Injury"or"property damage"caused,in whole or in part,by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included In the"products completed operations hazard", CG20370704 Miscellaneous Attachment:M499077 Certificate ID: 19111333 Other Insurance Amendment - Primary And Non-Contributory POLICY NUMBER: GL00141249-05 EFFECTIVE DATE:4/1/2022 EXPIRATION DATE:4/1/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Performance Abatement Services, Inc. Address(including ZIP Code): 11145 Thompson Avenue, Lenexa, KS 66219 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1.The following paragraph is added to the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV— Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence",offense,claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. U-GL-1327-A CW(04/13) • Miscellaneous Attachment:M71580 Certificate ID: 19111333 POLICY NUMBER: GL00141249-05 COMMERCIAL GENERAL LIABILITY CG 25 03 05/09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER,A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the Insured becomes legally obligated to pay as damages caused by"occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I- Coverage C,which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of"bodily injury"or"property damage"included in the"products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing"suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown In the Schedule above. Miscellaneous Attachment:M7I580 Certificate ID: 19111333 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under Section l-Coverage A,and for all medical expenses caused by accidents under Section I- Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit,whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C.When coverage for liability arising out of the"products-completed operations hazard"is provided,any payments for damages because of"bodily injury"or"property damage"included in the "products-completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of insurance(SECTION Ill )not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 05 09 Miscellaneous Attachment:M44247 Certificate ID: 19111333 Coverage Extension Endorsement — Liability Only POLICY NUMBER: BAP 0141250-05 EFFECTIVE DATE: 4/1/2022 EXPIRATION DATE: 4/1/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An insured Provision In Section II—Covered Autos Liability Coverage: The following are also "insureds": a. Any"employee"of yours is an"insured"while using a covered"auto"you don't own, hire or borrow for acts performed within the scope of employment by you. Any"employee"of yours is also an"insured"while operating an"auto"hired or rented under a contract or agreement in that"employee's" name,with your permission,while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an"insured'while using a covered"auto"you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an"auto"referenced in Paragraphs A.1.a.and A.1.b.in this endorsement. d, Where and to the extent permitted by law,any person(s)or organization(s)where required by written contract or written agreement with you executed prior to any"accident", Including those person(s)or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the"accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown In the Declarations,whichever is less. 2. The following Is added to the Other Insurance Condition In the Business Auto Coverage Form and the Other Insurance—Primary and Excess insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s)or organization(s),where required by written contract or written agreement with you executed prior to any"accident",will apply on a primary and non-contributory basis and any Insurance maintained by the additional"Insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2)and a.(4)of the Coverage Extensions Provision in Section II—Covered Autos Liability Coverage are replaced by the following: (2) Up to$5,000 for the cost of bail bonds(including bonds for related traffic law violations)required because of an "accident"we cover. We do not have to furnish these bonds. (4)All reasonable expenses Incurred by the"insured"at our request, Including actual loss of earnings up to$500 a day because of time off from work. U•CA-428-A CW(02.14) Miscellaneous Attachment:M44247 Certificate ID: (91 1 1333 C. Fellow Employee Coverage The Fellow Employee Exclusion contained In Section ll—Covered Autos Liability Coverage does not apply, D. Driver Safety Program Liability Coverage The following is added to the Racing Exclusion in Section II--Covered Autos Liability Coverage: This exclusion does not apply to covered"autos"participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim,"suit"or"loss",you must give us or our authorized representative prompt notice of the"accident", claim, "suit"or"loss". However, these duties only apply when the"accident",claim,"suit"or "loss"is known to you (if you are an individual),a partner(if you are a partnership), a member(if you are a limited liability company)or an executive officer or insurance manager(if you are a corporation). The failure of any agent, servant or employee of the"insured"to notify us of any"accident",claim, "suit"or"loss"shall not invalidate the insurance afforded by this policy. Include,as soon as practicable: (1) How,when and where the"accident"or"loss"occurred and if a claim is made or"suit"is brought,written notice of the claim or"suit"including, but not limited to, the date and details of such claim or"suit"; (2)The"insured's"name and address; and (3)To the extent possible,the names and addresses of any injured persons and witnesses. if you report an"accident", claim,"suit"or"loss"to another insurer when you should have reported to us,your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. F. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following Is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract,executed prior to any"accident"or "loss", provided that the"accident"or"loss"arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. G. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other Information that was not provided to us prior to the acceptance of this policy. H. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period, Coverage Territory Condition Is replaced by the following: (5)Anywhere in the world if a covered"auto"is leased, hired,rented or borrowed for a period of 60 days or less, I. Bodily Injury Redefined The definition of"bodily injury"in the Definitions Section Is replaced by the following: "Bodily injury" means bodily injury, sickness or disease,sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional Illness or disease. U-CA-428-A CW(02-14) Miscellaneous Attachment:M44247 Certificate ID: 19111333 J. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the"insured". This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-428-A CW(02-14)