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HomeMy WebLinkAboutJCL Traffic Services - 2023-06-04 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JCL TRAFFIC SERVICES FOR ON-CALL TRAFFIC CONTROL AND SPECIAL EVENT SITE 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 JCL Traffic Services, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of traffic control services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor entered into a Consultant Agreement with the City of West Hollywood on or about April 17, 2023, referred to as the "City of West Hollywood Agreement for Services". City desires to "piggyback" on the City of West Hollywood's Contract pursuant to HBMC Section 3.02.190(C)(2), and unless otherwise noted, contained in this Agreement, or in conflict with this Agreement,the Parties wish to be bound by the same terms and conditions as the City of West Hollywood. D. 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 James Morris, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 23-12855/310164 1 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 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 Seventy Thousand($70,000)per year for any one year during the term of this Agreement, with a three year aggregate total not to exceed amount of Two Hundred Forty Thousand($240,000). 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 to/H/23 , or as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminate three (3) years from commencement, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs,maps, memoranda, letters and 23-12855/310164 2 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. 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 23-12855/310164 3 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, 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. 23-12855/310164 4 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. 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 23-12855/310164 5 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. 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 JCL Traffic Services Attn: Director of Public Works Attn: James Morris 2000 Main Street 500 S. Greenwood Avenue Huntington Beach, CA 92648 Montebello, CA 90640 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. 23-12855/310164 6 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. 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. 23-12855/310164 7 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; 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. 23-12855/310164 8 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. 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. 23-12855/310164 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 JCL TRAFFIC SERVICES municipal corporation of the State of California By: Mayor Print name ITS: (circle one) Chairman/President/ (RSAfit, 9,6"/-elizzdAd Vice President City Clerk v/a AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works COUNTERPART APPROVED AS T O .ORM: City Attorney '1I / RE EW'l AN APPROVED: Ci M.. aler 23-12855/310164 10 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 JCL TRAFFIC SERVICES municipal corporation of the State of California By: '7 Mayor "I-ea •h . wt o 2.i2.i S Print name ITS: (circle one) Chairma 'resident/ Vice President City Clerk AND By:-77X}4-i CLLi/(/t INITIATED AND APPROVED: Print name K4TY4 C tl*I 4(-WO ITS: (circle one) Secretary/Chief Financial Officer sst. Secretary-Treasurer Director of Public Works COUNTERPART APPROVED AS TO FORM: City Attorney Ody REVIEWED AND APPROVED: City Manager 23-12855/310164 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Services shall include all labor,transportation, supplies,materials, tools, incidental parts, employee safety equipment, equipment, supervision, applicable taxes, and all other work and materials expressly required under this Agreement or reasonably inferred whether or not expressly stated herein for installation, monitoring and removal of traffic control and special event fencing. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Vehicular/pedestrian traffic lane closures, and 2. Standard/engineered traffic control plans. 3. On an as needed basis, to furnish all labor, materials,traffic control services and equipment necessary for the planning, delivery, placement, maintenance, monitoring and removal of temporary, event-specific traffic control signage, equipment and safety/security fencing. 4. Attendance at Event Planning Meetings by Foreman or Traffic Engineer. 5. On-site staff monitoring for large scale events with at least one staff person on site for entire duration of event (24/7 from setup to tear down). The CONSULTANT'S specific layout, setup and development of traffic control plans shall be governed by the following standards: 1. "Manual on Uniform Traffic Control Devices" (MUTCD), 2. Caltrans "California Joint Utility Traffic Control Manual" (CJUTCM), 3. Work Area Traffic Control Handbook(W.A.T.C.H. Manual) 4. "Pedestrian Traffic Control Manual" (PTCM), and any other applicable standards as required from local Los Angeles County cities and public agencies. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-12855/310164 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 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. EXHIBIT B CITY OF HUNTINGTON BEACH AGREEMENT FOR SERVICES JCL Traffic Services Rental Equipment Fee Schedule Equipment Type: Del.,Install,&Removal Rates(not including rental) Chain Link Fence Panel 4'x12' $3.85/LF(M-F Sam-3pm) Chain Link Fence Panel6'x12' $3.85/LF(M-F 6am-3pm) Chain Link Fence Panel 8'x12' $3.85/LF(M-F Sam-3pm) Windscreen (4' tall) $4.15/LF(M-F 6am-3pm) Windscreen (6' tall) $4.15/LF(M-F Sam-3pm) Windscreen (8'tall) $4.15/LF(M-F 6am-3pm) Sandbags $6.50 ea Minimum Charge for Fence Rental Orders: $750 per order Bike RackBarricades 6' $18 ea installed (Rental$10 ea) After Hour Charge for Fence Orders(after 3pm): $400 perocqurance Bike Rack Delivery,Install, Pick up to WeHo $350/truck load up to 30 pos. Delineator w/Base $1 ea/ day($50 delivery/truck up to 100) 28"Traffic Reflective Cone $1 ea/ day($50 delivery/truck up to 300) Stage Barricade installation not available Water Wall (6')(aka Storm Barricade) $30 ea. installed Delivery, Placement, Pick up of Water Walls $350/truck load (each way)up to 25 4000 Gal.Water Truck to fill Water Walls $200/Hr. (4 hour minimum fee) Water Fee $180/4000 gallon fill Vacuum Truck(to pump out water) $200/Hr. {4 hour minimum fee) Vacuum Truck(to pump out water)O.T. $230/Hr. (4 hour minimum fee) Water Reclamation Fee $0.50/gallon (may vary based on testing results) Type I Barricade(2'wide) $1 ea/day;$50 delivery/truck(up to 30, 1 location) Message Board Trailer $550 ea/wk plus$100 deliver, place; $50 pick up Arrowboard Trailer $45 ea./day plus$50 deliver, place; $50 pick up Safety Fence(snow) $2.35/Lt(minimum charge of$5Q0.00) Light Tower Trailer $385 ea/day plus$100 deliver, place; $50 pick up Type I Barricade w/sign: Road Closed $2 ea/day;$100 del./truck(up to 30,1 location) Type I Barricade w/sign: Local Aces Only $2 ea/day;$100 del./truck(up to 30, 1 location) Type I Barricade w/sign: Rt.Turn Only $2 ea/day;$100 del./truck(up to 30,1 location) Type I Barricade w/sign: Lt.Turn Only $2 ea/day;$100 del./truck(up to 30,1 location) **Various othe signs available** Type Ill Barricade w/sign: Road Closed $5 ea/day;$100 del./truck(up to 20, 1 location) Minimum Rental Charge(per order) $60 min/order • Minimum Delivery Charge $50/truck Minimum Pick up Charge $50/truck Emergency Mobilization Min. Fee 500 per occurrence Tra ff is Plan per MUTCD(no P.E.stamp) $250/sheet Traffic Plan with P.E. Stamp $650/sheet(2 sheet minimum) Traffic Plan with T.E.Stamp $700/sheet(2 sheet minimum) **Delivery, Set up, or Pick up charge. Rental Fees are additional, based on duration** CITY OF HUNTINGTON BEACH AGREEMENT FOR SERVICES JCL Traffic Services Lane Closure Fee Schedule Traffic Plan per MUTCD(no P.E.stamp) $250/sheet Traffic Plan with P.E.Stamp $650/sheet(2 sheet minimum) Traffic Plan with T.E.Stamp $700/sheet(2 sheet minimum) Lane Closures: €lose Single Right Lane Closure-1 day $800/8 hr day(Del., Set up, Pick up)up to 500 LF Close 2 lanes,each in separate directions $1500/8 hr day(Del., Set up, Pick up) up to 500LF Close 2 adjacent lanes in same direction $1200/8 hr day(Del.,Set up, Pick up)up to 500 LF (1)Traffic Tech to Attend Closure(Prevailing Wage) $75.00/hour straight time (up to 8 hrs)in addition (Prevailing Wage O.T. and Weekends is higher) to the cost of the Lane Closure itself (1)Emergency Mobilization Charge $500/mobiliztion per Traffic Tech (1)Staffing Rate"Traffic Tech"per Tech $75.00/hour straight time (up to 8 hrs)in addition (1)Attend Meeting $85/hour DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES This Agreement is made on this 17th day of April 2023, at West Hollywood, California, by and between the City of West Hollywood, a municipal corporation, 8300 Santa Monica Boulevard, West Hollywood, California 90069 (hereinafter referred to as the"CITY") and JCL Traffic Services, 500 S. Greenwood Ave., Montebello, California 90640 (hereinafter referred to as the "CONTRACTOR"). RECITALS A. The CITY proposes to contract for services as outlined below; B. The CITY conducted an RFP issued in February, 2023, and selected JCL Traffic Services as the preferred service provider; C. The CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide such services; NOW, THEREFORE, the CITY and the CONTRACTOR, mutually agree as follows: 1. SERVICES. The CONTRACTOR shall perform those services set forth in "Exhibit A," which is attached hereto and incorporated herein by reference. 2. TERM OF AGREEMENT. The term of this contract shall commence upon execution by both parties and shall expire on June 30. 2026 unless extended in writing in advance by both parties. 3. TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY's satisfaction, in accordance with the schedule incorporated in "Exhibit A," unless extended in writing by the CITY. 4. PAYMENT FOR SERVICES. The CONTRACTOR shall be compensated in an amount not to exceed $750,000 for services provided pursuant to this Agreement as described in "Exhibit A." Compensation shall under no circumstances be increased except by written amendment of this Agreement. The CONTRACTOR shall be paid within forty-five (30) days of presentation of an invoice to the CITY for services performed to the CITY's satisfaction. The CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the CITY. 5. CONTRACT ADMINISTRATION. 5.1. The CITY's Representative. Unless otherwise designated in writing, Jesus Heredia, shall serve as the CITY's representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person. 5.2. Manager-in-Charge. For the CONTRACTOR, David Campos shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CantracLOve25K—Apni2020 Page 1 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES CONTRACTOR. The Manager-in-Charge shall not be replaced without the written consent of the CITY. 5.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon request in order to minimize duplication of efforts. The CITY's staff shall work with the CONTRACTOR as necessary to facilitate performance of the services. 5.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR's services under this Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from performing services on the CITY's premises. 6. TERMINATION. 6.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days'written notice of such termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination. 6.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another contractor. 7. INDEMNIFICATION. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost(including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY'S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONTRACTOR'S legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment Contractpver25K—April 2020 Page 2 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES rendered_against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 8. INSURANCE REQUIREMENTS. 8.1. The CONTRACTOR, at the CONTRACTOR's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 8.1.1. Workers'Compensation Coverage. The CONTRACTOR shall maintain Workers'Compensation Insurance and Employer's Liability Insurance for its employees in accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. This provision shall not apply if the CONTRACTOR has no employees performing work under this Agreement. If the CONTRACTOR has no employees for the purposes of this Agreement, the CONTRACTOR shall sign the"Certificate of Exemption from Workers' Compensation Insurance" which is attached hereto and incorporated herein by reference as"Exhibit B." 8.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 8.1.3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. Cantract_Cve25K—Apri12020 Page 3 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C, CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES 8.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best's rating of no less than A-:VII. Each general liability insurance policy shall be endorsed with the specific language of Section 8.2.1 below. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise. 8.2.1. "The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations." 8.2.2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 8.2.3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 8.2.4. Notwithstanding the provisions included in any of the ISO Additional Insured Endorsement forms, CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amounts of coverage required. Any insurance proceeds available to the CITY in excess of the limits and coverage required in this agreement and which is applicable to a given loss will be available to the CITY. 8.2.5. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents regardless of the applicability of any insurance proceeds, and agrees to require all subcontractors to do likewise. 8.2.6. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 8.2.7. The insurance provided by this policy shall not be suspended, voided or reduced in coverage or in limits except after thirty(30) days' written notice has been submitted to the CITY and approved of in writing, except in the case of cancellation, for which ten (10) days' written notice shall be provided. 8.2.8. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve City. ContractOver25K—Apri12020 Page 4 of 20 • DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES 8.3. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on CONTRACTOR's behalf upon the CONTRACTOR's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by City due to the breach. 8.4. Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CONTRACTOR shall provide written evidence of current automobile coverage to comply with the automobile insurance requirement. 8.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 6.2 above. 9. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the CITY for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the'CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 10. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. 10.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor ContracLOve25K—April 2020 Page 5 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES relationship created by this Agreement. In the event that the CITY is audited by any Federal or State agency regarding the independent contractor status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys'fees, arising out of such audit and any appeals relating thereto. 10.2. Workers' Compensation Law. The CONTRACTOR shall fully comply with the workers' compensation law regarding the CONTRACTOR and the CONTRACTOR's employees. The CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR's failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section. 1.0.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR represents and warrants to the CITY that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR shall maintain a City of West Hollywood business license, if required under CITY ordinance. 10.4. Code of Ethics. CONTRACTOR hereby affirms that it will abide by the provisions of the West Hollywood Code of Ethics throughout the term of this Agreement. A copy of the Code of Ethics is attached as Exhibit E. 11. CONFLICT OF INTEREST. The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation. 12. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contract_Over25K—April 2020 Page 6 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES The CONTRACTOR agrees to include in all solicitations or advertisements for employment and to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 13. LIVING WAGE ORDINANCE. The CONTRACTOR shall abide by the provisions of the West Hollywood Living Wage Ordinance. During the term of this Agreement, the CONTRACTOR shall keep on file sufficient evidence of its employee compensation to enable verification of compliance with the West Hollywood Living Wage Ordinance. 14. EQUAL BENEFITS ORDINANCE, No. 03-662. The CONTRACTOR shall abide by the provisions of the West Hollywood Equal Benefits Ordinance. During the term of this Agreement, the CONTRACTOR shall keep on file sufficient evidence of its employee compensation and any applicable benefits packages, as those benefits relate to the coverage of the domestic partners of contractor's employees, which shall include; bereavement leave; family medical leave, and health insurance benefits, to enable verification of compliance with the West Hollywood Equal Benefits Ordinance. 15. RESTRICTIONS: Arab League Boycott of Israel. The CONTRACTOR hereby affirms it does not honor the Arab League Boycott of Israel. 16. RECORDS AND AUDITS. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative. All records shall be made available at the request of the CITY, with reasonable notice, during regular business hours, and shall be retained by the CONTRACTOR for a period of three years after the expiration of this Agreement. 17. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR's notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request. 18. INDEPENDENT CONTRACTOR. The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. 19. NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable parry's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may Contras Over25K-April2020 Page 7 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty- eight(48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. City of West Hollywood 8300 Santa Monica Blvd. West Hollywood, CA 90069-6216 Attention: Yvonne Quarker CONTRACTOR: JCL Traffic Services 500 S. Greenwood, Montebello, CA 90640 Attention: James Morris 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 21. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties. 22. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a • continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY's right to obtain correction or replacement of any defective or noncompliant work product. 23. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 24. AUTHORITY TO ENTER AGREEMENT. The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. Contracf_Ove25K—Apri12020 Page 8 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES IN WITNESS WHEREOF, the parties have executed this Agreement the 17th day of April 2023. CONTRACTOR: JCL Traffic Services DDocuSigned by: a►ntt3 ItlsviS James Monysr 1red ent CITY OF WEST HOLLYWOOD: p—DocuSigned by: �-�1��� gvtot u. (ill 41% Yvonne-QttitP1tector of Community Services Department LIDocuSigned by: D41 'a . AS'iSR'�A7R70.GAfl0. David Wilson, City Manager ATTEST: DocuSigned by: �IltdiSSa Cm Iv, Ci'"1 CM 207..ACC2626D CO_ Melissa Crowder, City Clerk • Contactover25K—Apri12020 Page 9 of 20 . DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES Exhibit A Scope of Services: GENERAL WORK DESCRIPTION Services shall include all labor, transportation, supplies, materials, tools, incidental parts, employee safety equipment, equipment, supervision, applicable taxes, and all other work and materials expressly required under this Agreement or reasonably inferred whether or not expressly stated herein for installation, monitoring and removal of traffic control and special event fencing. The work scope covered under this Agreement is for Traffic Control Services to provide: 1. Vehicular/pedestrian traffic lane closures, and 2. Standard/engineered traffic control plans. 3. On an as needed basis, to furnish all labor, materials, traffic control services and equipment necessary for the planning, delivery, placement, maintenance, monitoring and removal of temporary, event-specific traffic control signage, equipment and safety/security fencing. 4. Attendance at Event Planning Meetings by Foreman or Traffic Engineer. 5. On-site staff monitoring for large scale events with at least one staff person on site for entire duration of event(24/7 from setup to tear down) The CONTRACTOR's specific layout, setup and development of traffic control plans shall be governed by the following standards: 1. "Manual on Uniform Traffic Control Devices" (MUTCD), 2. Caltrans "California Joint Utility Traffic Control Manual" (CJUTCM), 3. Work Area Traffic Control Handbook(W.A.T.C.H. Manual) 4. "Pedestrian Traffic Control Manual" (PTCM), and any other applicable standards as required from local Los Angeles County cities and public agencies. REQUIREMENTS/QUALIFICATIONS 1. The CONTRACTOR shall actively employ American Traffic Safety Services Association (ATSSA) Certified Traffic Control Technicians and ATSSA Certified Flaggers. • Contract_Cve25K—Sept 2016 Page 10 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES Exhibit A 2. The CONTRACTOR shall furnish all traffic control/barricade services and traffic control plans in accordance to these specifications, as well as all City, County, and state permit requirements. 3. The CONTRACTOR shall provide all labor, tools, signage, barricades (including cement barricades and water barrels), cones, safety equipment, and trucks needed for vehicular and pedestrian traffic control. 4. The CONTRACTOR shall'employ sufficient staffing and resources to set-up all required equipment in the time allotted by the City Hollywood and completely remove all equipment from the event area as required by the terms of each approved event proposal. 5. The CONTRACTOR shall provide any permit required standard design traffic control drawings/submissions and/or engineered stamped design traffic control drawings/ submissions. 6. Engineered design traffic control drawings must be stamped by an ENGINEER registered in the State of California. 7. All services under this Agreement shall be provided on an as needed basis at the direction of CITY OF WEST HOLLYWOOD. 8. Work will not begin until authorized by a designated CITY OF WEST HOLLYWOOD representative. 9. Traffic Control services shall be performed in a manner that is acceptable and approved by all regulating agencies. HOURS OF WORK 1. Normal Service Hours: 8:00 a.m. to 7:00 p.m. - Monday thru Friday, excluding CITY OF WEST HOLLYWOOD Holidays. 2. Regular Hourly Labor Rates (Scheduled work during Normal Service Hours): Shall be paid hourly to a maximum of eight(8) hours per workday. 3. Overtime Hourly Labor Rates (Any work performed outside of Normal Service Hours [between 7:00 p.m. and 8:00 a.m.], work in excess of eight(8) hours per day, work on weekends, and work on holidays): Shall be paid in accordance with the appropriate prevailing wage multipliers. Contract_Over25K—April 2020 Page 11 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES Exhibit A ' RESPONSE TIME 1. The CONTRACTOR shall provide a detailed proposal to include costs and description of all services within in five (5) business days from the date that the CITY OF WEST HOLLYWOOD provided the scope of requested services. 2. The CONTRACTOR shall have the resources to provide requested services for large scale events; based on approved proposal within five (5) working days from the issuance of an emailed notice to proceed. 3. The CONTRACTOR shall provide Engineer designed traffic control drawings stamped by an ENGINEER registered in the State of California within 3 working days from the issuance of an emailed notice to proceed. 4. The CONTRACTOR shall provide standard traffic control services under this agreement for any work requested with two (2) or more days advanced notification by CITY OF WEST HOLLYWOOD. 5. The CONTRACTOR shall provide emergency traffic control services under this agreement for any work requested with less than two (2) days advanced notification by CITY OF WEST HOLLYWOOD. 6. The CONTRACTOR shall be prepared to provide emergency traffic control services under this agreement within two (2) hours of notification by CITY OF WEST HOLLYWOOD. 7. All emergency traffic control services shall include an emergency mobilization charge for the first day of each emergency traffic control service. TRAFFIC CONTROL PLAN DESIGN 1. The CONTRACTOR will provide and perform traffic control plans as required for permit approval and assignment. 2. The design of the Traffic Control Plan shall, at a minimum, conform to CJUTCM and/or any other applicable standards required by the permitting agency. 3. Provide CITY OF WEST HOLLYWOOD a copy of the issued permit and copies of all other documents submitted to the permitting agency for approval. TRAFFIC CONTROL SETUP AND FENCING 1. The CONTRACTOR is required at the start and finish of the project to set up and remove, respectively, all the stationary equipment, the temporary traffic control, signs, and other associated devices at the site(s) in the timeline provided in the job proposal. Contract_Cve25K—Apri12020 Page 12 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES Exhibit A 2. At the beginning, during and end of each workday, the CONTRACTOR shall inspect and ensure that all the equipment, signs and devices are still positioned strategically. If any are found missing or additional signs and devices are needed, the CONTRACTOR will replace them or add new ones immediately. 3. All traffic control setups (including equipment, signs, and devices used for traffic lane closures) will be removed on the day of the completion of the project. Event specific traffic control and fencing shall be removed based on the timeline provided in approved event proposal. 4. Traffic Control shall be set per site specific traffic control plans and traffic control permit requirements or per applicable standards as required by the setup location. 5. All setups shall be subject to observation and inspection by CITY OF WEST HOLLYWOOD, City, County or State inspectors and staff for the verification of setup accuracy and compliance. The CONTRACTOR shall be prepared to provide additional services/equipment if deemed necessary by City Officials; the CONTRACTOR shall be compensated for additional requirements based on submitted unit pricing in approved proposal. CONTRACTOR'S EMPLOYEES 1. CONTRACTOR shall be responsible for the supervision and execution of Services by its employees. 2. CONTRACTOR shall employ a sufficient number of trained and capable employees to properly, adequately, safely, and promptly provide Services. All matters pertaining to employment, training, supervision, compensation, promotion and discharge of CONTRACTOR's employees are the responsibility of the CONTRACTOR, who is in all respects the employer and Owner shall have no liability with respect thereto. 3. CONTRACTOR, agrees each of its employees is properly qualified and will use reasonable care in the performance of Services. If Owner, in Owner's sole opinion, determines, for any reason,that the qualifications, actions or conduct of any particular CONTRACTOR employee has violated this Agreement by performing unsatisfactory Services, interfering with operation of Property, bothering or annoying any occupants, other CONTRACTOR or subcontractors then at Property, or that such actions or conduct is otherwise detrimental to Owner, CONTRACTOR shall immediately provide qualified replacement person(s). 4. CONTRACTOR shall not engage any subcontractors or other parties to perform Services unless first approved in writing by Owner. Owner's acceptance of subcontractors or other parties shall not relieve, release or affect in any manner any of CONTRACTOR's duties, liabilities or obligations hereunder, and CONTRACTOR shall at all times be and remain fully liable hereunder. Contract_Over25K—Apri12020 Page 13 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES Exhibit A COMPENSATION 1. In accordance with provisions of Section 1773.2 of the California Labor Code, copies of the prevailing wage rate of per diem wages as determined by the State Director of Industrial Relations available on online at www.dir.ca.gov and is available at the City Department of Public Works, Facilities and Field Services Division for inspection. It shall be mandatory upon the CONTRACTOR to whom the contract is awarded and upon any subcontractor under them to pay not less than said specified rates to all workers employed by them in the execution of the contract, as applicable. Compliance with the City of West Hollywood Living Wage Ordinance is also required. CONTRACTORS HOURS AND MANNER OF WORK 1. Services shall be performed in accordance with the requirements for each event an as directed by City Staff. CONTRACTOR COMPLIANCE WITH LAWS 1. CONTRACTOR agrees to comply with all existing laws, codes, rules and regulations set forth by appropriate authorities having jurisdiction in location where Services are performed. In the event of- differing testing requirements between Agreement requirements and local codes or ordinances, the more stringent requirement shall prevail. SPECIAL CONDITIONS 1. Upon arrival and departure from property, all CONTRACTOR employees shall report to designated personnel. 2. Owner may provide information to enable CONTRACTOR to render Services hereunder, or CONTRACTOR may learn information about Property or develop such information from Owner. CONTRACTOR agrees: i. To treat, and to obligate CONTRACTOR's employees, subcontractors and suppliers to treat as confidential all such information whether or not identified by CITY as confidential. Not to disclose any such information or make available any reports, recommendations and/or conclusions which CONTRACTOR may make on behalf of Owner to any person, firm or corporation or use the same in any manner,whatsoever,without first obtaining Owner's written approval,except to the extent necessary in connection with performing Services or when required by law. ii. CONTRACTOR shall not, in the course of performance of this Agreement, or thereafter, use or permit the use of Owner's name or the name of any affiliate.of Owner, or the name, address or any picture or likeness of or reference to the Property in any advertising, promotional or other materials prepared by or on behalf of CONTRACTOR without the prior written approval of Owner. Contra&Cver25K—April 2020 Page 14 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES Exhibit A LICENSING 1. CONTRACTOR warrants and certificates to Owner that it has been and will remain properly licensed in the governmental jurisdiction where the services are being performed and that the CONTRACTOR has obtained permits, business licenses, insurance and other such documents that may be required by the appropriate governmental authorities. CONTRACTORs shall possess at a minimum the following valid State of California C-31 Construction Zone Traffic Control State License. All Subcontractors must possess the appropriate licenses for each trade subcontracted and they shall be listed on the bid documents as requested to include percentage and dollar value of work. Contacwer25K-Apni2020 Page 15 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES Exhibit A JCL Tra if ic Services Rental Equipment Fee Schedule Equipment Type: Del.,Install,&Removal Rates(not including rental) Chain Link Fence Panel 4'x12' $3.85/LF(M-F 6am-3pm) Chain Link Fence Panel 6'x12' $3.85/LF(M-F 6am-3pm) Chain Link Fence Panel 8'x12' $3.85/LF(M-F 6am-3pm) Windscreen (4' tall) $4.15/LF(M-F 6am-3pm) Windscreen (6'tall) $4.15/LF(M-F 6am-3pm) Windscreen (8'tall) $4.15/LF(M-F 6am-3pm) Sandbags $6.50 ea Minimum Charge for Fence Rental Orders: $750 per order Bike RackBarricades 6' $18 ea installed(Rental$10 ea) ,After Hour Charge for Fence Orders(after 3pm):$400 peroccurance Bike Rack Delivery,Install, Pick up to WeHo $350/truck load up to 30 pcs. Delineator w/Base $1 ea/ day($50 delivery/truck up to 100) 28"Traffic Reflective Cone $1 ea/ day($50 delivery/truck up to 300) Stage Barricade installation not available Water Wall(6') (aka Storm Barricade) $30 ea. installed Delivery, Placement, Pick up of Water Walls $350/truck load (each way)up to 25 4000 Gal.Water Truck to fill Water Walls $200/Hr. (4 hour minimum fee) Water Fee $180/4000 gallon fill Vacuum Truck(to pump out water) $200/Hr. {4 hour minimum fee) Vacuum Truck(to pump out water)O.T. $230/Hr. (4 hour minimum fee) Water Reclamation Fee $0.50/gallon(may vary based on testing results) Type I Barricade(2'wide) $1 ea/day;$50 delivery/truck(up to 30, 1 location) Message Board Trailer $550 ea/wk plus$100 deliver, place; $50 pick up Arrowboard Trailer $45 ea.!day plus$50 deliver, place; $50 pick up Safety Fence(snow) $2.35/Lt(minimum charge of$500.00) Light Tower Trailer $385 ea!day plus$100 deliver, place; $50 pick up Type I Barricade w/sign: Road Closed $2 ea/day;$100 del./truck(up to 30,1 location) Type I Barricade w/sign: Local Aces Only $2 ea/day;$100 del./truck(up to 30, 1 location) Type I Barricade w/sign: Rt.Turn Only $2 ea/day;$100 del./truck(up to 30,1 location) Type I Barricade w/sign: Lt.Turn Only $2 ea/day;$100 del./truck(up to 30,1 location) **Various othe signs available** Type III Barricade w/sign: Road Closed $5 ea/day;$100 del./truck(up to 20, 1 location) Minimum Rental.Charge(per order) $60 min/order Minimum Delivery Charge $50/truck Minimum Pick up Charge $50/truck Emergency Mobilization Min. Fee 500 per occurrence Tra ff ic Plan per MUTCD(no P.E.stamp) $250/sheet Traffic Plan with P.E. Stamp $650/sheet(2 sheet minimum) Traffic Plan with T.E.Stamp $700!sheet(2 sheet minimum) **Delivery, Set up, or Pick up charge.Rental Fees are additional, based on duration** ContracLOve25K—ApriI2020 Page 16 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES Exhibit A JCL Traffic Services Lane Closure Fee Schedule Traffic Plan per MUTCD(no P.E.stamp) $250/sheet Traffic Plan with P.E.Stamp $650/sheet(2 sheet minimum) Traffic Plan with T.E.Stamp $700/sheet(2 sheet minimum) Lane Closures: €lose Single Right Lane Closure-1 day $800/8 hr day(Del., Set up, Pick up)up to 500 LF Close 2 lanes, each in separate directions $1500/8 hr day(Del., Set up, Pick up)up to 500LF Close 2 adjacent lanes in same direction $1200/8 hr day(Del.,Set up, Pick up)up to 500 LF (1)Traffic Tech to Attend Closure(Prevailing Wage) $75.00/hour straight time(up to 8 hrs) in addition (Prevailing Wage O.T. and Weekends is higher) to the cost of the Lane Closure itself (1)Emergency Mobilization Charge $500/mobiliztion per Traffic Tech (1)Staffing Rate"Traffic Tech"per Tech $75.00/hour straight time(up to 8 hrs)in addition (1)Attend Meeting $85/hour Contract Over25K—April2020 Page 17 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES • Exhibit B Certificate of Exemption from Workers' Compensation Insurance Not Applicable TO: City of West Hollywood SUBJECT: Sole Proprietor/Partnership/Closely Held Corporation • with No Employees Please let this memorandum notify the City of West Hollywood that I am a ❑ sole proprietor ❑ partnership ❑ nonprofit organization ❑ closely held corporation and do not have any employees whose employment requires me to carry workers' compensation insurance. Therefore, I do not carry worker's compensation insurance coverage. Contractor Signature Printed Name of Contractor Date ContracLOver25K—April 2020 Page 18 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C EXHIBIT C CITY OF WEST HOLLYWOOD CODE OF ETHICS FOR CONTRACTORS The purpose of this Code of Ethics ("Code of Ethics") is to define the ethical standards for CONTRACTORS providing services to the CITY of West Hollywood. This Code of Ethics consists of policies and implementing rules intended to advance the CITY's goals of providing professional services to the public. All CONTRACTORS hired by the CITY shall pledge in writing to abide by the CITY's Code of Ethics. Policy 1. CONTRACTORS shall be committed to the CITY. Rules: 1.1 CONTRACTOR will serve the CITY with integrity, competence, independence, objectivity, and professionalism. 1.2 CONTRACTOR will mutually establish with the CITY realistic expectations of the benefits and the results of the services. 1.3 CONTRACTOR will only accept assignments for which CONTRACTOR possesses the requisite experience and competence to perform and will only assign staff or engage colleagues with the knowledge and expertise needed to serve the CITY effectively. 1.4 Before accepting any engagement, CONTRACTOR will ensure that CONTRACTOR has worked with the CITY to establish a mutual understanding of the objectives, scope, work plan, and fee arrangements. 1.5 CONTRACTOR will treat appropriately all confidential CITY information that is not public knowledge, take reasonable steps to prevent it from access by unauthorized people, and will not take advantage of proprietary or privileged information, either for use by CONTRACTOR or any third party, without the CITY's express written permission. 1.6 CONTRACTOR will avoid conflicts of interest or the appearance of such and will immediately disclose to the CITY circumstances or interests that CONTRACTOR believe may influence the judgment or objectivity of CONTRACTOR. 1.7 CONTRACTOR will offer to withdraw from a consulting assignment when CONTRACTOR believes the objectivity or integrity of the CONTRACTOR may be impaired. Contra&Over25K—Apr112020 Page 19 of 20 • DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C EXHIBIT C CITY OF WEST HOLLYWOOD CODE OF ETHICS FOR CONTRACTORS Policy 2. CONTRACTORS shall be committed to fiscal integrity. Rules: 2.1 CONTRACTOR will agree in advance with the CITY on the basis for fees and expenses and will charge fees that are reasonable and commensurate with the services delivered and the responsibility accepted. 2.2 CONTRACTOR will not accept commissions, remuneration, or other benefits from a third party in connection with the recommendations to the CITY and will disclosure in advance any financial interests that form any part of recommendations to the CITY. Policy 3. CONTRACTORS shall be committed to the public and the profession. Rules: 3.1 CONTRACTOR will report to the CITY Manager any violation of this Code of Ethics, dangerous behavior, or illegal activities witnessed by the CONTRACTOR during the performance of the services for the CITY. 3.2 CONTRACTOR will respect the rights of consulting colleagues and consulting firms and will not use their proprietary information or methodologies without permission. 3.3 CONTRACTOR will represent the profession with integrity and professionalism in relations with clients, colleagues, and the general public. 3.4 CONTRACTOR will not advertise services in a deceptive manner or misrepresent or denigrate individual consulting practitioners, consulting firms, or the consulting profession. 3.5 CONTRACTOR will promote adherence to the Code of Ethics by other member CONTRACTORs working on CONTRACTOR's behalf. Approved by City Council Minute Order on February 3, 2020 Contract_Cver25K—April 2020 Page 20 of 20 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C • • DocuSign Cer l i teXaf Car ie 0 10% 1r1 ?Y� -tA � pg0° .; emu$ Envelope Id:780F44BACBA7442BAE707A15880D6E9A Status:Completed Subject:Complete with DocuSign:ContractAuthorizationForm-JCL Traffic Services Agreement v3-2021-07-21.pdf Source Envelope: Document Pages:2 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 EventServices AutoNav:Enabled EventServicesAdmin@weho.org Envelopeld Stamping:Enabled IP Address:155.190.3.8 Time Zone:(UTC-08:00)Pacific Time(US&Canada) ttrQll liira Iona .� / 3'i+" k `� tY S For .,.,..,�.�...��.",zv� s..✓.:slaf:�, �......,, .......,__... �..`m, t�'.wT E�C�,s"L���.��w M.�mm.�.,.u._.W � ,u.�i!EE�#uffE4w�i*,�w;.w.ra .,....,.._-,......X.. u '"'ka�"�'' ouv�......e,..«..,s,uuu„�'�� .m..._..........w....-.......... 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F.:�' .. :.�4,..3`;`.,..�� �.v`�4h.,a t,.`✓... ....,� .„ ��...w.#.�� DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C 1 AM Parties agreed to:Cleo Smith,Yvonne Quarker ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time,DocuSign-Information Technology(we, us or Company)may be required by law to provide to you certain written notices-or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time,you may request from us a paper copy of any record provided or made available electronically to,you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account,you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you,you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically,you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. 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All notices and disclosures will be sent to you electronically DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C Unless you tell us otherwise in accordance with the procedures described herein,we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus,you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact DocuSign-Information Technology: You may contact us to let us know of your changes as to how we may contact you electronically, . to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: itsignatures@weho.org To advise DocuSign-Information Technology of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you,you must send an email message to us at itsignatures@weho.org and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. 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DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C DocuSign .,:..,., -... ,. �.,.9,,,, a;*�>`.,-- .�,s;:,�..: .^.:a s.'�-°Rz„';:°e� '�:��-'#,:r,3��' . .Ec 37of O#Cmpletton°. -,__ 4 „ 46 6 aj Envelope Id:1337A20A6AC149C7B93FBDFDCA8A9679 Status:Completed Subject:Complete with DocuSign:Attachment A-JCL Traffic Services-On-Call Traffic Control Services... Source Envelope: Document Pages:20 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 EventServices AutoNav:Enabled EventServicesAdmin@weho.org Envelopeld Stamping:Enabled IP Address:155.190.3.8 Time Zone:(UTC-08:00)Pacific Time(US&Canada) . L. �a 's f £ .:. �` 'n:"+� ?�"".;t.�, :,�+ d� ��.,..�p^�r."T?"• "s, ,., �Araaktn 3., -� ` °' 4's '��,".s%, ,- ,;.;,, ;;a4. 4 j " � r .., £ z4 ;:,'rya„ « z�"-'�i.�.€,4,.::, k (yIN Re.°�� ' �...� Fa, u.,q, i;�"�` / .,_.^.,. �fa>��n,, a�:.wt:t°-iw"•kEG r: ...._ ..._.,....x... 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Viewed:4/10/2023 12:51:30 PM (None) Signed:4/10/2023 3:20:26 PM Signature Adoption:Pre-selected Style Using IP Address:206.171.67.2 Electronic Record and Signature Disclosure: Accepted:4/10/2023 3:20:21 PM ID:360334c5-fc5c-4f0f-82e 1-3f6f05e9fe80 74F .ru�.a�' ..,.:•• ., .... �' a€,x-.°:xa u.>.,,.$'� � . ..>..,.a ! - ,......«�.�.x.�.;: V in PeSorr$itne�EYwtyS �� a T1rnesta �� c.��k ;"- '::i^r,o "R......,"'4.2;;e ^.i 4€£1 < y,....... r^^w^.�,', ,,',,,>,.xy,,,F,�Y,,Yf„„'..3....................:••,.r;>v EEw Imes#ate Edi#or'Deti e(. 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P77 1!' .,434 "..'- :.:�. -... f-=i,... �zr v:.m-7,777 a5 «,'ea'w y:°?>'-�"r "'''' mro ,^.'may - ;''��g ._R ';;;';',;"°:,,vi iven „ tv. `r.{{^ „% �`'€'%, R� 4'. ,", 'fi'w,. cap`; �e¢ "�,.:.a�. >' �;:"'�,,^6`f;�a;,;?> Ceified Qeltve€ Ev+rf<nts St�tu � �� mestamp a, .. .&4 ;;.m ' ,.. xis - „ .. y"" "�� „, k.1 ...xs, . Carbon Gopy=vents°°,;: ^ r Status Timsstamp Jesus Heredia Sent:4/10/2023 12:49:45 PM jeheredia@weho.org COPIED: .^. Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events aria Signature- ., _> . 0 Ttmesta >.. - «,a�a'.,�>_.. ��.a�e..k .,'..'r-.�,'.,._...:��,aa_...x>,. DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C Nota Events �� 7,2 :51 nature ` ` a ,� f Timest E<r. ryN,,,,,,,f�.,x,—,, �..�. .� ti.r�`d s, a. �.c c,.. � >,«,.�.:zw� �:ai. .. ... .........YznQ'' z� µa?' ...._ ...fi,...�.�..:.«x�..i...%i s ..<-". ,i �sr R3," sr�„ � ."" 'f, ,� '�as�s'�-a` ,� .�` ' s y�, i.. Enite ��rna Events , Vi li� ,Status ,.,.w_a Tune 5 err N ... ex s �..F..G.�..ta 4:.,,.SYvlf'�d. 'uyvua.vfue_- ..adf J aaa ..m lu,z..:.._. ..... - ,,,,,, ±,xw.eavR..x.G.w(Jt,.i,,,1_, xag,,.ux. .nu�udk 1:49:i5 if,dJ..: w.,.,l.w E4� Envelope Sent Hashed/Encrypted 4/10/2023 12:49:45 PM Envelope Updated Security Checked 4/10/2023 12:57:09 PM Envelope Updated Security Checked 4/10/2023 12:57:10 PM Certified Delivered Security Checked 4/10/2023 12:51:30 PM Signing Complete Security Checked 4/10/2023 3:20:26 PM Completed Security Checked 4/10/2023 3:20:26 PM Payment Events s Stafus x�rt rN IIm4St1rnps ,, , m x„ „ate. ,z ""�"'akrs ,, ana s��x li,e ap,:TM' x `'vim,°-�r� �- •• v g b ,._ Electronic Record and gnature IS9lostire ,xF c .uu . 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DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C 101601 Contract Review(3.0) ;PROCESS#72 9C Sta rted f NApr�11 20231 at9 0dam PDT: rs Status t�33 Completed Apr25 023at12 1pm�PDT „� pii ��� B b q A Jesus D Heredia � "' � g a q & ia P i i kD:Pqwnlq0d.MMPNRGSRtil'4!P15'IN'AP(:gqi,!g92-p-,atitz.4.?bitilpDrklimsmnv,ogntaSiti:i:irdmipvowgMgua:::ggmmpomzisikgDii':;:millii Submitted Information Enter Basic Contract Information ADMINISTRATIVE INFORMATION .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Contract Manager Name(City Staff) Jesus Heredia Contract Manager Email(_@weho.org) jeheredia@weho.org Department 50-CSD Division 52-Event Services BASIC CONTRACT DETAILS Vendor Name JCL Traffic Services Vendor Number(3_for AP and 00_for AR) 320723 Vendor Contact Name James Morris Vendor Contact Email Jim@jcltraffic.com Vendor Contact Telephone +12136229775 Contract/Amendment Title JCL Traffic Services-On-Call Traffic Control Services Contract_Over25K v2 Contract/Amendment Amount $750,000.00 DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C 'erg Is this a new agreement or an amendment to an existing New Agreement agreement? Supplemental Insurance(for Risk team only) No VENDOR/CONTRACTOR SIGNATORY INFORMATION Contract Signatory Name James Morris Contract Signatory Title President • Contract Signatory Email Address Jim@jcltraffic.com FUNDING INFORMATION Proposed Funding Source-Account Name(To be checked by Special Events Programming Finance) Proposed Funding Source-Account Balance on date of submittal $1,381,250.00 (To be checked by Finance) Proposed Funding Source-Account#(To be checked by 100-3-50-52-535013 Finance) Upload Contract Documents UPLOAD DOCUMENTS Upload Contract or Amendment Authorization Form ContractAuthorizationForm-JCL Traffic_Services_Agreement_v3- 2021-07-21.pdf Upload Agreement or Amendment Attachment A-JCL Traffic Services-On-Call Traffic Control Services Contract_Over25K v2.docx,Attachment_A_- • JCL Traff icServices_-_On- Cail Traffic_Control_ServicesContract Over25K_v2.docx.pdf Upload Docusign"Certificate(s)of Completion" Summary.pdf,Summary.pdf Upload Insurance Documents(COI,Endorsements,WOS,etc.) COI-West Hollywood,City of.pdf,Workers Comp COI-JCL Traffic.pdf,AUTO-JCL Traffic.pdf Describe changes to Insurance Requirements,if any(if no None required. insurance is required,type"None required") Describe changes to Contract Template,if any(If none,type None Required. "None required") DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C Upload approval for contract template changes(e.g.,email from RE_Insurance Requirements-On-call traffic control services.pdf Finance or City Attorney) Add any notes you may have for Finance and Risk Review teams. Using Basic Contract(fees over$25,000)based on the vendor's status. Add name of RFP!RFD/RFB,if issued RFP On-Call Traffic Control Services and Special Event Site Services- 2023 Upload RFP/RFQ/RFB file here,if issued RFP On-Call Traffic Control Services and Special Event Site Services-2023.docx WAWNigalMI "; sY� Sat `3 i� 4 F j 34 it ' -, phi 3 -� r 1i, � ���y� a € i � t � Signed by Jesus D Hered a on Apr f 3,2023 at f 0 13am PDT '�i ' '3 t ,..,.....3_..,.,,,,.,.,.l Reviewers Finance Review Finance Review(Complete) • Reviewer name • Nicole McClinton • Review outcome Rejected Signature X #j h ; Date Apr 18,2023 at 2:39pm PDT Reviewer name Nicole McClinton Review outcome Approved Signature Date Apr 25,2023 at 12:04pm PDT • Contract&SOW Review Contract& SOW Review(Complete) DocuSign Envelope ID:90134167-2862-46DF-A724-4AE284210B3C 109118. Reviewer name Nicole McClinton Review outcome Approved Signature ` , Date Apr 25,2023 at 12:12pm PDT Risk&Insurance Review Risk& Insurance Review(Complete) Reviewer name Nicole McClinton Review outcome Approved Signature €, Date Apr 25,2023 at 12:12pm PDT City Clerk Pick Up Confirm Pick Up of Contract Files(Complete) Reviewer name Catherine Ross Review outcome Approved Signature 1414 Date Apr 25,2023 at 12:41pm PDT A�)J CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDNYYY) 5/31/2023 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 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 Annette Paul NAME: Business & Contractors Insurance Services, Inc. (gfcoNru.EMtl: (619)592 4440 FAX ( C,No IS19)992-4449 9855 Prospect Ave. B-MAIL annette@boisine,net ADDRESS: Suite D INSURER(S)AFFORDING COVERAGE NAIC# • Santee CA 92071 INSURER A:landmark American Insurance Co. 33138 INSURED INSURERS:State Compensation Ins fund 35076 J C L TRAFFIC SERVICES INSURER C: INSURER D: PO Box 1399 INSURERE: Montebello CA 90640 INSURER F: COVERAGES CERTIFICATE NUMBER:CL234419295 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. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP J LIMITS p NM. POLICY ,(MMIDDNYYYI (MMIDDIYYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGE TO A CLAIMS•MADE a OCCUR PREM SES(E Eoccurrrrence) $ 50,000 X X L11A113808 4/1/2023 4/1/2024 MED EXP(Any one person) $ 5,000 _ PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE UMITAPPLIES PER: GENERALAGGREGATE S 2,000,000 HPOLICY 0 28i LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _ (Ea accident! ANYAUTO BODILY INJURY(Per person) $ —ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS + NON-OWNED PROPERTY DAMAGE $ AUTOS (Par accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS•MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PEA UTE I ERH AND EMPLOYERS'LIABILITY B Y IN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ El.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) y 93135902023 3/1/2023 3/1/2024 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Huntington Beach, its officers, elected or appointed officials, employees,agents and volunteers have been named as Additional Insured per written contract.10 day notice of cancellation for non-paymen of premium. 30 day notice of cancellation for all others, Insurance is primary & i ,r} of subrogration applies to general liability and work comp.RE: Various Locations. .or emen � attached, By: MICHAEL E.GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Hunington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE l Annette Paul/LIDR Auvo, Aue 41988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) POLICY NUMBER:L FI-M :3.808 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations The City of Huntington Beach, its officers,elected or appointed officials, employees, agents and volunteers. 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 2. If coverage provided to the additional insured include as an additional insured the person(s) or is required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for"bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to caused, in whole or in part, by: provide for such additional insured. 1. Your acts or omissions;or B. With respect to the insurance afforded to these 2. The acts or omissions of those acting on your additional insureds, the following additional behalf; exclusions apply: in the performance of your ongoing operations for This insurance does not apply to"bodily injury" or the additional insured(s) at the location(s) "property damage"occurr ing after: designated above. 1. All work, including materials, parts or However: equipment furnished in connection with such 1. The insurance afforded to such additional work, on the project (other than service, maintenance or repairs)to be performed by or insured only applies to the extent permitted by on behalf of the additional insured(s) at the law;and location of the covered operations has been completed;or CG 201012 19 ©Insurance Services Office, Inc.,2018 Page 1 of 2 2. That portion of "your work" out of which the 2. Available under the applicable limits of injury or damage arises has been put to its insurance; intended use by any person or organization whichever is less. other than another contractor or subcontractor engaged in performing operations for a This endorsement shall not increase the principal as a part of the same project. applicable limits of insurance. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III- Limits Of Insurance: • If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or CG 20 10 12 19 ©Insurance Services Office, Inc.,2018 Page 2 of 2 POLICY NUMBER: LHA113808 COMMERCIAL GENERAL LIABILITY CG20371219 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Huntington Beach, its officers, elected or appointed officials,employees,agents and volunteers. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III- Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured applicable limits of insurance. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 3712 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: LHA1]3808 COMMERCIAL GENERAL LIABILITY CG20011219 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance , (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy • provided that: (1) The additional insured is a Named Insured under such other insurance;and CG 20 01 1219 ©Insurance Services Office, Inc.,2018 Page 1 of 1 • POLICY NUMBER: LHA113808 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -- AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your projects away from premises owned by or rented to you. CG 25 0311 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ POLICY NUMBER: LHA113808 • COMMERCIAL GENERAL LIABILITY CG 2011 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises(Part Leased To You): • ANY PREMISES_REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND AS PER PARAGRAPHS A. AND B. BELOW Name Of Person(s) Or Organization(s)(Additional Insured): ANY PERSON(S)OR ORGANIZATION(S)REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND AS PER PARAGRAPHS A.AND B. BELOW Additional Premium: $ INCLUDED 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 2. If coverage provided to the additional insured include as an additional insured the person(s) or is required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", will not be broader than that which you are "property damage" or "personal and advertising required by the contract or agreement to injury" caused, in whole or in part, by you or provide for such additional insured. those acting on your behalf in connection with B. With respect to the insurance afforded to these the ownership, maintenance or use of that part of additional insureds, the following is added to the premises leased to you and shown in the Section III- Limits Of Insurance: Schedule and subject to the following additional provided g If coverage to the additional insured is This insurance does not apply to: required by a contract or agreement, the most we will pay on behalf of the additional insured Is the 1. Any "occurrence"which takes place after you amount of Insurance: cease to be a tenant in that premises. 1. Required by the contractor agreement;or 2. Structural alterations, new construction or 2. Available under the applicable limits of. demolition operations performed by or on insurance; behalf of the person(s) or organization(s) shown in the Schedule. whichever is less. However This endorsement shall not increase the 1. The insurance afforded to such additional applicable limits of insurance. insured only applies to the extent permitted by law;and CG 2011 1219 ©Insurance Services Office, Inc.,2018 Page 1 of 1 POLICY NUMBER: LHA113808 COMMERCIAL GENERAL LIABILITY CG 20 18 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- MORTGAGEE, ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • SCHEDULE Name(s)Of Person(s)Or Organization(s) Designation Of Premises ANY PERSON(S)OR ORGANIZATION(S)REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND AS PER PARAGRAPHS A., B., AND C. BELOW 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 C. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III- Limits Of Insurance: with respect to their liability as mortgagee, If coverage provided to the additional insured is assignee or receiver and arising out of the required by a contract or agreement, the most we ownership, maintenance or use of the premises by will pay on behalf of the additional insured is the you and shown in the Schedule. amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable limits of insured only applies to the extent permitted by insurance; law; and 2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the This endorsement shall not increase the insurance afforded to such additional insured applicable limits of Insurance. will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. CG 20 18 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 0 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read it Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to SECTION IV- CONDITIONS, 8.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US: We waive any.right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product" or"your work" done under a written contract with that person or organization and included in the "product-completed operations hazard". This waiver applies only to the person or organization shown In the SCHEDULE above. This endorsement effective 4/1/2023 forms part of Policy Number LHA113808 issued to J C L TRAFFIC SERVICES by Landmark American Insurance Company RSG 14048 1008 Includes copyrighted material of insurance Services Office, Inc. 1992 with its permission. ENDORSEMENT AGREEMENT STATE WAIVER OF SUBROGATION REP 02 COMPENSATION INSURANCE BLANKET BASIS 9313598-23 FUND RENEWAL SD HOME OFFICE 1-71-71-18 SAN FRANCISCO EFFECTIVE MARCH 1, 2023 AT 12.01 A.M. PAGE 1 OF 1 AND EXPIRING MARCH 1, 2024 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC • STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME JCL TRAFFIC SERVICES 500 S GREENWOOD AVE MONTEBELLO, CA 90640 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: MARCH 2, 2023 ���%f// J ,ea- 17€1 (ILA 2572 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO SOIF FORM 10217 IREV.4.20181 OLD DP 217