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HomeMy WebLinkAboutAyala Engineering, Inc. - 2023-12-15 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND AYALA ENGINEERING,INC. FOR SERVICE OF WATER, SEWER AND STORM DRAIN UTILITY INFRASTRUCTURE AND FACILITIES 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 Ayala Engineering, Inc. hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of service of water, sewer and storm drain utility infrastructure and facilities. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Ricardo Ayala, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 23-13852/324648 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Three Hundred Fifty Thousand Dollars ($350,000.00) during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works Utilities Division's not to exceed amount b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence December 15, 2023, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 23-13852/324648 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 23-13852/324648 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten(10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 23-13852/324648 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty(30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 23-13852/324648 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Ayala Engineering, Inc. Attn: Director of Public Works Attn: Ricardo Ayala 2000 Main Street 8482 E. Meadowridge Street Huntington Beach, CA 92648 Anaheim, CA 92808 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23-13852/324648 6 21. Section Headings The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each • duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 23-13852/324648 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection,training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 23-13852/324648 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be - incorporated as if fully set forth in the body of this Agreement. 23-13852/324648 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 AYALA ENGINEERING, INC., municipal corporation of the State of Californi B : : v'3 X2,c4r,t...da .067;le Ma r Print nine ITS: (circle one) Chairma , 41A01, 9A6/4444Ad Vice President City Clerk ifi71-211 AND By: K,e._•v/t-ed /114Ac.b INITIATED AND APPROVED: Print name ITS: (circle on Chief Financial Officer/Asst. Se ary-Treasurer cto of Public W ks APPROVED 0 FORM: Ct-if City Attorney RE 04 ED AN P APP OVED: L City M. ager 23-13852/324648 1(1 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Repairs and maintenance of Municipal Sewer Facilities including but not limited to the repair, fabrication, inspection and maintenance of sewer systems and its appurtenances, e.g., fences associated with sewer, pumps, septic services, electrical components, CCTV,pipes, lift stations and manholes. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-13852/324648 ,11 EXHIBIT B REPAIRS AND MAINTENANCE OF MUNICIPAL SEWER FACILITIES SERVICES BID SHEET Firm Name: Ayala Engineering Inc. Date:March 9, 2023 Instructions for completing Bid Sheet: 1. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2. Attach and include in your submittal,only those bid sheets you are quoting. 3.Attach a current rate sheet/fee schedule and include with your submittal, 4. Fill in your firm name above and the boxes below,circle$or%sign for markup. ITEM NORMAL BUSINESS HOURS Labor hourly rate $125.00 Materials markup $ or%20% 2 EXHIBIT B REPAIRS ANI)MAINTENANCE OF MUNICIPAL STORM DRAIN FACILITIES SERVICES BID SHEET Firm Name: Ayala Engineering Inc. Date:March 9, 2023 Instructions for completing Bid Sheet: 1. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2.Attach and include in your submittal, only those bid sheets you are quoting. 3. Attach a current rate sheet/fee schedule and include with your submittal. 4.Fill in your firm name above and the boxes below, circle$ or%sign for markup. ITEM NORMAL BUSINESS HOURS Labor hourly rate $125.00 Materials markup $ or%20% EXHIBIT B REPAIRS AND MAINTENANCE OF MUNICIPAL SEWER FACILITIES SERVICES BID SHEET Firm Name: Ayala Engineering Inc. Date:May 1, 2023 Instructions for completing Bid Sheet: I. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2.Attach and include in your submittal, only those bid sheets you are quoting. 3. Attach a current rate sheet/fee schedule and include with your submittal. 4. Fill in your firm name above and the boxes below,circle$or%sign for markup. ITEM NORMAL BUSINESS HOURS Labor hourly rate $125.00 Materials markup $ or%20% EXHIBIT B REPAIRS AND MAINTENANCE OF MUNICIPAL STORM DRAIN FACILITIES SERVICES BID SHEET Firm Name: Ayala Engineering Inc. Date:May 1, 2023 Instructions for completing Bid Sheet: 1. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2. Attach and include in your submittal,only those bid sheets you are quoting. 3. Attach a current rate sheet/fee schedule and include with your submittal. 4. Fill in your firm name above and the boxes below,circle$or%sign for markup. ITEM NORMAL BUSINESS HOURS Labor hourly rate $125.00 Materials markup $or%20% EXHIBIT B Ayala Engineering Inc. Rate Sheet A AYALA ENGINEERING Labor Rates Year Hourly Rate Overtime Rate Double time Rate Jan.zon-Dec.2024 $125.00 $187.$0 $250.00 Jan.2023-Dec.2025 $135.00 $202.50 $270.00 Equipment Rates Item Hourly Rate Overtime Rate Double time Rate Combo Vactor Truck+1 Operator $ 475.00 $ 712.50 $ 950.00 CCTV Truck+1 Operator $ 365.00 $ 547.50 $ 730.00 Item Unit Rate Emergency Callout(less than 24 hour notice) Daily $ 3,000.00 Confined Space Entry Daily $ 2,500.00 One Lane Closure Traffic Control Daily $ 1900.00 Traffic Control Plan Stamped Per Sheet $ 850.00 Traffic Control Plan no Stamp EA $ 350.00 Encroachment Permit EA 20%Markup Paving Subcontract LS 20%Markup Traffic Control Subcontractor LS 20%Markup Rental Equipment LS 20%Markup Third Party Testing LS 20%Markup Haul Off Fees LS 20%Markup Dump Fees LS 20%Markup Manhole Rehab Rates Unit Rate 4'Bench EA $ 2,000.00 5'Bench EA ,$ 2,500.00 6'Bench EA $ 2,750.00 7'+bench EA $ 3,000.00 4'Manhole Rehab Service VF $ 440.00 5'Manhole Rehab Service VF $ 475.00 6'Manhole Rehab Service VF $ 510.00 7'+Manhole Rehab Service VF $ 555.00 4'Manhole Fiberglass Liner VF $ 1,700.00 5'Manhole Fiberglass Liner VF $ 1,900.00 6'Manhole Fiberglass Liner VF $ 2,100.00 , Coating of Wet Well SF $ 50.00 Removal of Failed Liner in Wet Well EA $ 7,500.00 Removal of Failed Liner in Manhole EA $ 1,800.00 PVC Repairs SF $ 75.00 Infiltration Control GAL $ 100.00 Adhesion Pull Test EA $ 1,200.00 24" Frame&Cover(excludes cost of cover) EA $ 3,100.00 36"Frame&Cover(excludes cost of cover) EA $ 3,800.00 , V . A A�RD CERTIFICATE OF LIABILITY INSURANCE 12/09/202"' 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 0F70482 1-562-270-0787 CONTACT la Jose L. Gurrola _ JL Gurrola Insurance Agency PHONE FAX (AfC,No•Exll: 562-270-0787 (NC,No): E•MAII ia.com 1 100 W. Broadway Suite 3000 ADDRESS: certificatesnow@ 1 9 INSURER(S)AFFORDING COVERAGE NAIC# Long Beach, CA 90802 INSURERA: SCOTTSDALE INS CO 41297 INSURED INSURERB: AMGUARD INS CO 42390 Ayala Engineering, Inc. INSURER CSTATE COMPENSATION INS FUND 35076 8482 E. Meadowridge St. INSURERD: PHILADELPHIA IND INS CO 18058 INSURER E: Anaheim, CA 92808 INSURER F: COVERAGES CERTIFICATE NUMBER: 70146366 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 LIMITS LTR INSR WVD POLICYNUMBER (MMIDDIYYYY) (MMIDD/YYYY1 A X COMMERCIALGENERALLIABILITY X X BCS2000362 02/08/23 02/08/24 EACHOCCURRENCE $ 1,000,000 DAMAGE TO RENTED _J CLAIMS-MADE (X I OCCUR PREMISES(Ea occurrence) $ 100,000 X Ded: $5,000 MEDEXP(Anyoneperson) S N/A PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- CJ J PRO- ECT LOC PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER: S B AUTOMOBILELIABILITY X X AYAU417223 03/15/23 03/15/24 COMBINEDSINGLELIMIT S 1,000,000 (Ea accident) - ANY AUTO BODILY INJURY(Per person) S — OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY (Per accident) X Ded: 1,000 $ A UTABRELLALIAB X OCCUR XLS2001421 02/08/23 02/08/24 EACH OCCURRENCE S 5,000,000 X EXCESS UAB CLAIMS-MADE AGGREGATE S. 5,000,000 DED X RETENTION$N/A S OT C WORKERS COMPENSATION X 9004955-23 02/08/23 02/08/24 X STATUTE ERR- AND EMPLOYERS'LIABILITY — ANYPROPRIETORIPARTNER/EXECUTIVE Y N NIA E.L.EACH ACCIDENT $ 1,000,000 RI OFFICEMEMBEREXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 ,... If yes,desuibe under DESCRIPTION OF OPERATIONS bolow E.L.DISEASE-POLICY LIMIT S 1,000,000 D Excess Liability PUB851162 02/08/23 02/08/24 Occurance & Agg 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If mare space Is required) Re: Service of Water, Sewer and Storm Drain Utility Infrastructure and Facilities The City, its officers, elected or appointed officials, employees, agents, and volunteers are additional insured per attached endorsement(s) Coverage is primary & non-contributory per policy wording and attached endorsement(s) . APPROVED AS TO FORM Waiver of subrogation applies per attached endorsement(s) . A 30 day notice of cancellation/ 10 days for non-payment. ( - Excess Liability is follow form. Fn.:- CERTIFICATE HOLDER CANCELLATION Y1�TTC1'fAEL E. GATES CITY ATTORNEY SHOULD ANY OF THE ABOVE DLLMb "PU`btgAiE'CANCELCELI"BBFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Mr. Rafael Suarez 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 / " I USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD JLGIA06 70146366 POLICY NUMBER: BCS2000362 COMMERCIAL GENERAL LIABILITY ffi 2010 0413 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 ALL LOCATIONS City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Information required to cornolete this Schedule, if not shc::wl above, will ie shc::wl . the Declarations. A. Section I - Who 15An Insureds amended 1D B. With respect to the insurance afforded 1D these indude as an additional insured the person(s) or additional insureds, the following additional organization(s) shcw1 it the Schedule, but only exclusions apply: with respect 1D liability for "bodily injury', "property This insurance does not apply to "bodilyinjury" or damage" or "personal and advertising injury" "property damage" occurring after. caused, 1 whole or il part, Df. 1. Your acts or omissions; or 1. All work, induding materials, parts or equipment furnished it connection with such 2 The acts or omissions of those acting a, your 'M>rl< a, the project (other than service, behalf; maintenance or repairs) to le performed © or il the performance of your ongoing operations for a, behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2 That portion of "your work" out of which the injury or damage arises has been put 1D its 1. The insurance afforded 1D such additional intended use © any person or organization insured only applies to the extent permitted © other than another contractor or subcontractor law; and engaged fl performing operations for a 2 If coverage provided to the additional insured 's principal as a part of the same project. required 0 a contract or agreement, the insurance afforded to such additional insured will not le broader than that which yUJ are required © the contract or agreement to provide for such additional insured. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1af 2 C VAth respect:lo the insurance afforded lo these 2 Available, under the applicable Limits of additional insureds, the following a added lc, Insurance shown fl the Declarations; SettIOn Ill - UnlitS Of IliStIMOce: whicheverb less. If coverage provided lo the additional insured a This endorsement shall not increase the required DJ a contract or agreement, the most we ,applicable Liniits of Insurance shown ii the will pay a, behalf ofthe additional insured a:the Declarations: , amount of insurance: 1. Required DI the contract or agreement, or Page 2 of2 , , CI Insurance.Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER BCS2000362 COMMERCIAL GENERAL LIABILITY CG 2) 370413 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: COMMER<IAI.. GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) Location And Desaiotion Of Completed Ooerations City of Huntington Beach, its officers, elected or ALL LOCATIONS appointed officials, employees, agents and volunteers Information reouired to oomolete this Schedule, if not shown above, will l:e shown i1 the Declarations. A Section I - Who Is An Insured S amended to a with respect to the insurance afforded to these include c5 a, additional insured the person(s) or additional insureds, the following S added to organization(s) shown i1 the Schedule, but only Section III • Linits Of Insurance: with respect to liability for "bodily injury" or If ooverage provided to the additional insured S "property damage"caused, ft whole or it part, try required try a oontract or ageement, the most uve "your work" ct the k:x:ation designated cri l will pay a, behalf of the additional insured S the described ft the Schedule of this endorsement amount of insurance: performed for that additional insured cn::l included fl the "products-completed operations 1. Required try the contract or agreement; or hazard". 2 Available under the applicable Limits of Hcmever. Insurance shown i1 the Declarations; 1. The insurance afforded to such additional whichever S less. insured only applies to the extent permitted try This endorsement shall not increase the applicable law, and Limits of Insurance shown i1 the Declarations. 2 If coverage provided to the additional insured S required try a oontract or agreement, the insurance afforded to such additional insured will not l:e broader than that which you are required by the oontract or agreement to provide for such additional insured. CG 23 370413 © Insurance Services Office, Inc., 12 Page 1 of 1 \n d Copy POLICY NUMBER BCS2000362 COMMERCIAL GENERAL LIABILITY CG 20 010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ i7'CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed i1 writing i1 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 ai additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 010413 © Insurance Services Office, Inc., 2012 Page 1 of 1 sod Copy POLICY NIIV1BER: BCS2000362 COMMERCIAL GENERAL LIABILITY CG 24040509 WAIVER. OF- TRANSFER OF RIGHTS OF RECOVERY , AGAINST OTHERS 'TO US This endorsement modifies insurance provided under the COMMERCIAL GENERAL LIABILITY.COVERAGE PART PRODUCTS1COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of'Person Or Organization: ANY. PERSON OR ORGANIZATION FOR WHOM THE INSURED HAS AGREED ''IDWAIVE RIGHTS OF .RECOVERY, PROVIDED SUCH ,AGREEMENT IS MADE IN WRITING AND PRIOR 'ID THE LOSS, Infortriatiori reairired 'b 4this'Schedule, if riot ShoWn above.will ie shoMi h the DealaratiOns: The following 15 added tOParagraph,a TranSfer Of Rights Of Recovery AgainttOthers To Us of Section IV- Conditions: Vie waive any right of recovery we 0.4 have against the person or organization shown h the Schedule above because of payments we make for injOrY or damage arising out of your ongoing operations or "your work"done under a contract with that person or or.ganization axl induded h the "products—, rornijeted operations'hagerd'. This waiver apgie4 Only b. the person Or organization shown h the Schedule above. CO 24040509 IriStiratite Seri/10s Office, Inc., 206 Page lot 1 Nnd (30. • ENDORSEMENT SCOTTSDALE INSURANCE COMPANY® NO. Attached to and forming a part of EndorSement Effective Cale 02- 0 8-23 poitcyNo. BCS2000362 1201 AM., Standard lime Nemed Insured AYALA ENGINEERING, INC. Agent t-.b. .2.424 11-1IS ENDORSEMENT CHANGES TI-IE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) AGGREGATE LIMIT SUBJECT TO AN ALL PROJECTS LIMIT This endorsement modifies insurance provided under the'following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Deslgnaled Construction Projed(s): ALL PROJECTS Information required to complete this Schedule, if not shown above, will le shown lithe Declarations. A For all sums which the insured becomes legally 2 The separate Designated Per Project Aggre- , obligated to pay c5 damages caused by "occurrences" gate Limit provided 11 Al. above S the most wa under Section I-Coverage A and for all medical ex- will pay for the sum of al damages 'under Cover- penses caused try accidents under age A, except damages because of "bodily injury' Section I-Coverage G which ra, ie attributed only or "property damage included ii the "products- to ongoing operations at a single designated con- comOeted operations' hazard," and for medical struction project shown lithe Schedule above expenses under Coverage C regardless of the number of 1. A separate. Designated Per Project Aggregate Limit equal to the Genera Aggregate Limit shown a Insureds; 11 the Declarations shall apply to eadi Designated b. Claims Construction Project. rra:Ie or "suits" brought; or Hcmever, the most will y under the insur- c Persons or organizations =King claims or wa pa " " ance provided try this endorsement for all Desig- bringing suits. nated Construction Projects shown 11 the 3 Any payments rrale under Coverage A for dam- Schedule above S $5,000,000, unless otherwise ages or under Coverage C for medical expenses stated bebN: shall reduce the separate Designated' Per Project $ ------ Aggregate Limit provided 11 Al. for that particular Designated Construction Project. Such payments Iodides o3pyndied naarlel is) Ftqc81113% h:. 1.4.1h Is penission. CAPfiicit IS) 3 b 0L5-332S(142) Pa lof2 l.ndCopy shall not reduce the General Aggregate Limit Operations Aggregate Litnit, whichever t applica- shown, it the Declarations, nor.shall they reduce be; and the, insurance provided by this endorsement for Such payments. shall not reduce any separate any other Designated Construction Project. Designated Per Project Aggregate Limit provided • 4 The limits shown i1 the Declarations for Each Oc- n currence. Damage To Premises Rented To You C When coverage 'for liability arising out of the "prod- and Medical Expense continue to apply. However, ucts-completed operations hazard' b provided, any, instead of being subject to the General Aggregate payments for damages because of "bodily' injury" Limit shown ii'the Declarations, such limits will 1E or "property 'damage" included it the "products- subject to the,applicable Separate Designated Per completed operations hazard" will reduce the Prod- Project Aggregate Limit provided -it Al., for each pots-Completed Operations Aggregate Limit, and not Designated Construction Project. reduce the General Aggregate Limit nor any separate For all sums which the insured becomes legally Designated, Per Project Aggregate Limit provided obligated to pay as damages caused by tcourrence ii Al. under Section I-Coverage A, and for all Med- D If the applicable designated construction project has ical expenses caused by accidents under Sec- . been abandoned, delayed, or abandoned and then re- thin I-Coverage C which cannot IE attributed only started, or if the authorized contracting parties deviate to ongoing operations at a single designated con- from plans, blueprints, designs, specifications or time- struction project shown il the Schedule above, tables, the project will still IE cleated to IE'the same 1. Any payments made under Coverage. A for'darn- construction project. ages or under Coverage C for medical expenses E. The provisions Of Section Ill-Limits Of Insurance not shall reduce the amount available under the Gen-' otherwise modified ty this endorsement shall OW- 'era! Aggregate Lirnit or the Products-Completed tinue to apply as stipulated. Af11:140RIZED itEPWSENTATIVE: .DATE Includes copyrighted material of ISO Properties, Inc.,with its permission. Copyright,'ISO Properties, Inc:, 2008 GLS,332S(1-12) Page 2of 2 1iuum Copy POLICY NUMBER i* :AYA,A17223 COMMERCIAL AUTO CA 20 44 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED. AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions Of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:Ayala Engineering Inc Endorsement Effective Date:03/15/23 SCHEDULE Name Of Person(s) Prgarli4afion(P); 1iER5orls 'OR ORGANIZATIONS WHERE REQU/REO BY WRITTEN CONTRACT WITH THR NAMED INSURED. Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an"insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A;1. of Section II— Covered Autos Liability Coverage. in the Business Auto and Motor Carrier Coverage Forms and Paragraph 0.7. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 1013 ©Insurance Services Office, Inc.,2011 Page 1 of 1 POLICY NUMBER:AYAU417223 COMMERCIAL AUTO CA 0444 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance proMded under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTORCARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the proAsions of the Coverage Form apply unless Modified by the endorsement, This endorsement changes the policy effecthie on the inception date of the policy unless another date is indicated below. Named Insured Ayala Engineering, Inc. Endorsement Effective Date:03/15/23 SCHEDULE Name(s)Of Person(s)Or Organization(s): ALL PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. Information required to complete this Schedule,if not shown abow,will be shown in the Declarations The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(S) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the"loss" under a contract with that person or organization. cA 044410O.Insurance' Services Office, Inc., 2011 Page I of I COPY STATE ENDoRsBv1 AGREEM T BROKER WAIVER OF -SUBROGATION PEP Di tr\ISURANCE 'BLANKET BASIS. 9004955-23 FUND RENEWAL NA. HOME OFFICE 5'72-51-30 SAN FRANdsco EFFECTIVE FEBRUARY 8, 2023 AT A.M. PAGE 1. OF' ALL EFFECTIVE DATESARE AND EXPIRING FEBRUARY: 8, 2024 AT 32. .03. A.M. AT 1201 :PM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME • A/Atiti ENGINEEkING 8482 E MEADOWRIDGE- ST .2kNAHEIM; CA K808, WE HAVE THERIGHT 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 AN 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 2:009i OF THE TOTAL POUP REKOmi SCHEDULE PERSON OP. 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 I THIS ENDORSEMENT CONTAINED SHALL ,BE HELD TO: VARY; ALTER, WAIVE OR EXTEND ANY 'OF THE TERMS, COI\VITIONSir AGREEMENTS, OR LIMITATIONS OF THIS POLICY 003 THAN AS STATED. NOTHING ELSEWHERE THIS POLICY SHALL BE. HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS; AGREEMENTS OR LIMITATIONS'OF'THIS EIWORSEMENT, COLAITERSIGNED AND ISSUED AT.SAN FRANaSCO: FEBRUARY 9, 2023 • 2572 "PRESUENT AND CEO SCIF FOAM" 10217 (AEV.7•2014) OLD DP 217