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HomeMy WebLinkAboutRPW Services, Inc. - 2024-10-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RPW SERVICES, INC. FOR LAKE MANAGEMENT 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 RPW Services, Inc., hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of lake management services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Paul Webb, 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. 24-15241/3 51128 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 One Hundred Thousand Dollars ($100,000.00) during any one year of the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence October 1, 2024, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate June 30, 2027, 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. 24-15241/3 51128 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, 24-15241/351128 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. 24-15241/3 51128 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. 24-15241/351128 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 RPW Services, Inc. Attn: Director of Public Works Attn: Paul Webb 2000 Main Street P.O. Box 5217 Huntington Beach, CA 92648 Orange, CA 92863 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. 24-15241/351128 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. 24-15241/351128 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. 24-15241/3 51128 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. 24-15241/351128 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 RPW SERVICES, INC. municipal corporation of the State of Califor a s. By72,41/1( ° 134—. Mayor ? u L E Print name ITS: (circle one) Chairman/ esiden Q114U Vice President City Clerk i lizq jq)e AND By: K i LF\ INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/ref Financ aI off c1/Asst. Secretary-Treasurer Director of Public Works APPROVED 0 FORM: ity Attorney REVIEWED AND APPROVED: 4City Manager 24-1524 t/35 1128 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide lake management services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-15241/351128 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 24-15241/351128 12 forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. • 24-15241/351128 13 EXHIBIT B City of Huntington Beach Public Works Lake Management Services BID SHEET Contractor/Vendor Name: (Z U� � � t�-� K'l Date: / Z / Instructions for completing Rid Sheet: 1. Fill in the company name and date above. 2. Fill in the cost/ bid information below. 3. Include this Bid Sheet with your RFQ submittal. Hourly Rate Daily Rate Aquatic vegetation removal- manual ! 0 Aquatic vegetation removal-mechanical(equipment) L i \ 1 C00 Chemical application 0720 Certified Lake Manager(staff) 2 j q)00 Other: t l AL /C—HrE0A C LS 0 6 t0(LL S ��-' Other: '\--)L11 41 .1( C.00 -1 `'� \ 71) Other = optional fill-in services, describe service and fill in rates. % ' 17(1.4.0,6 A RD CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD/YYY1') 10/23/2024 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 CONTACT Recia Shelton Van Beurden Ins, Serv, Inc. - Kingsburg - NAME: PO Box 67 g 9 _(!fC PHONE FAX (559) 897-2975 (NC,No):(559) 897-4070 EMAIL Kingsburg CA 93631 ADDRESS: rshelton@vanbeurden,corn INSURER(S)AFFORDING.COVERAGE NAIC S INSURER A:NY Marine & General Ins Co 16608 INSURED INSURER B:Starstone National Insurance C 25496 RPM Services, Inc. INSURER C:Capitol Specialty Ins Group 10328 P.O. Box 2342 INSURERD: _^ Fullerton CA 92837 INSURERE: (714) 870-6352 INSURER.F: COVERAGES FA CERTIFICATE.NUMBER:Cert ID 54065 (293) 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. ILTR TYPE OF INSURANCE NSD DL SUBR WVD POLICY NUMBER (MMIDD�Y} (MM(DDJ YEXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED S , 100,000 CLAIMS-MADE X OCCUR PH202400008628 10/08/2024 10/08/2625 MIN ES(Eaoccurrenco1 MED EXP(Any one person) S 5,000 PERSONAL B.ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE -S • 2,000,000 X POLICY PRO• LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JEC7 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ SEaac dent) ANY AUTO BODILY INJURY(Per person) $ - OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS,ONLY AUTOS HIRED HIRED NON,OWNEO PROPERTY DAMAGE $ _ AUTOS ONLY - AUTOS ONLY _(Peraccidenn S B UMBRELLA LIAB X OCCUR 87500V24BALI 10/08/2024 10/08/2025 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS+MAOE AGGREGATE $ 1,000.,000 DEO RETENTIONS Prod/Comp op Ag S 1,000,000 WORKERS COMPENSATION PPER UTE ER AND EMPLOYERS'LIABILITY Y IN ANYPROPRIETOR/PARTNERIEXECUTIVE N!A E.L.EACH ACCIDENT S OFFICERIMEMBEREXCLUDED? (Mandatory In NH) E.L..DISEASE--EA EMPLOYEE $ It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Pollution P1(202400008628 10/08/202410/08/202581,000 Deductible S 1,000,000 C Professional Liability SGC000331912 12/07/2023 12/07/2024 $ 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 are included as additional insured on the General Liability policy RAPPII QVIIM$jlj 4-(§CROR 4 20 10 12 19 & CG 20 37 12 19. Primary and Non Contributory endorsement included on the General Liability policy per the attached GL 0299 0314. BY_:_. ... i MICHAEL E.GATES I CITY ATTORNEY , i CITY OF HUNTINGTON BEACH € CERTIFICATE HOLDER CANCELLATION I I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN i - ACCORDANCE WITH THE POLICY PROVISIONS. } City of Huntington Beach 2000 Main St AUUTI THORZ}ED REPRESENTATIVE I Huntington Beach CA 92648 �" I i `01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD r I Page '1 of 1 i A`C ® �..� DATE(MMIDDMYY) CERTIFICATE OF LIABILITY INSURANCE 7/I2/2024 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 Bertha Guerrero NAME: Valiant Insurance Agency, Inc. PHONE(o,ExR; ( )714 243-4070 (NC,No FAX (626)522-6211 N Lie. #0M04649 AODResS:bguerreroevaliantins.com 1913 E. 17th Street, Suite 210 INSURER(S)AFFORDING COVERAGE NATO II Santa Ana , CA 92705-3922 INSURER A:National Specialty Insurance Co. 22608 INSURED INSURER B:Clear Spring Property & Casualty Compar 15563 INSURER C: R P W Services Inc. INSURERD: 2330 N. Pacific Street INSURERE: Orange CA 92865 INSURERF: COVERAGES CERTIFICATE NUMBER:24/25 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 CONTRACTOR 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 ADDL SUBR POLICY EFF POLICY EXP LIMITSLTR TYPE OF INSURANCE TROD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ - DAMAGE TO CLAIMS-MADE piOCCUR PREMISES(Ea oecurrrrence) $ MED EXP(Any ono person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY Q jE�a n LOC PRODUCTS-COMP/OP AGO $ I OTHER: S AUTOMOBILE LIABILITY COhaBBIINdEDI SINGLE LIMIT $ 1,000,000 X ANYAUTO BODILY INJURY(Per person) $ A ALL OWNED -SCHEDULED ' AUTOS AUTOS G141063402 7/10/2024 7/10/2025 BODILY INJURY(Per accident) $ X " NON-OWNED (P r accidenOAh1AGE S HIRED AUTOS _AUTOS Un'nsuied motorist comtbned single $ 1,000,000 UMBRELLA LIAR• OCCUR EACH OCCURRENCE $ - EXCESS LIAB H CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ ,. WORKERS COMPENSATION v PER X H,STATUTE ER AND EMPLOYERS'LIABILITY Y/N I' ANY PROPRIETORIPARTNERIEXECUTIVE ❑ E.L.EACH ACCIDENT $ 1,000,000N!A (Mandatory In NH)MBER EXCLUDEtl4 CSHC01146203 10/24/2024 10/24/2025 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 B (Mandatary In NH) If yes,describeunder j DESCRIPTIONN OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C I DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) City of Huntington Beach is named as additional insured when required by written contract par the • attached NSIC-GMI--BA001 08/19, Waiver of Subrogation applies per the attached CA0444 1013, Primary r Non-Contributory applies per the attached CA0449 1116 tf CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. is Huntington Beach, CA 92648 • AUTHORIZED REPRESENTATIVE Kevin Markel/KEVIN old a I ©1988.2014 ACORD CORPORATION. All rights reserved. i I ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD j INS025(201401) . J POLICY NUMBER:PK2024.00008628 COMMERCIAL GENERAL LIABILITY CG 20 10 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - O' NERS, 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, it's officers,,elected or As per written contract or written agreement 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 additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to ''bodily injury" or damage" or "personal and advertising injury" ''property damage"occurring after: caused, in whole or in part,by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been completed; or designated above. However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a as a part of same project. 2. If coverage provided to the additional insured is principal the al p p j 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 10 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 2 POLICY NUMBER': PK202400008628 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, it's officers, elected or As per written contract or written agreement 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 1. Required by the contract or agreement;or in the"products-completed operations hazard However: 2. Available under the applicable limits of insurance; 1. The insurance afforded to such additional whichever is less. insured:only applies to the extent permitted by law;and This endorsement shall not increase the. - 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the ";• insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NO.: PK202400008e28 COMMERCIAL GENERAL LIABILITY GL 0299 0314 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory lnsurance. 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 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. } ii GL 0299 0314 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission B. HIRED AUTO PHYSICAL DAMAGE COVERAGE 1. SECTION III—PHYSICAL DAMAGE COVERAGE,paragraph A.Coverage, paragraph 4. Coverage Extensions, is amended by adding the following: If hired"autos"are covered"autos"for Liability Coverage and if Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this Coverage Form for any"auto" you own,then the Physical Damage Coverages provided are extended to"autos"you hire or borrow,subject to the following limit,deductible and conditions: a. The most we will pay for"loss"to any hired"auto"is: (1) $50,000;or (2) The actual cash value of the damaged or stolen property at the time ofthe"loss";or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind, whichever Is smallest,minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned"auto" for Physical Damage Coverage. c. Hired Auto Physical Damage coverage is excess over any other collectible insurance. d. Subject to the above limit,deductible,and excess provisions,we will provide that Physical Damage Coverage applicable to any covered"auto"you own. e. Subject to a maximum of$1,000 per"accident",we will also cover the actual loss of use of the hired"auto"if it results from an"accident",you are legally liable,and the lessor Incurs and actual financial loss. f. This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver; (2) Any"auto"you hire or borrow from any of your"employees"or members of their household; (3) Any"auto"you hire or borrow from any of your partners or members of their household(if you are a partnership);or (4) Any"auto"you hire or borrow from any of your members or members of their household(If you are a limited liability company). C. TOWING AND LABOR 1. SECTION ill—PHYSICAL DAMAGE COVERAGE, paragraph A.Coverage, paragraph 2. Towing,Is deleted in its entirety and replaced with the following: 2. Towing We will pay towing and labor costs you have incurred,up to the limits shown below,for each classification of covered"auto"shown below,each time a covered"auto"classified below is disabled: a. For private passenger type vehicles,we will pay up to$50.00 perdisablement. NSIC-GMI-BA-001 (Ed.08/19) Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. As used in this provision a"balloon loan"is a loan with periodic payments that are insufficient to repay the balance over the term of the loan,thereby requiring a large final payment. 2. For the purposes of this Loan/Lease Gap Coverage provision,SECTION.V—DEFINITIONS is amended by adding the following Definitions: a. "Total loss"means a"loss"in which the cost of repairs plus the salvage value exceeds the actual cash value at the time of"toss". b. A"balloon loan"is a loan with periodic payments that are insufficient to repay the balance over the term of the loan,thereby requiring a large final payment. F. EXTENDED CANCELLATION CONDITION 1. COMMON POLICY CONDITIONS, paragraph A.—Cancellation condition applies except as follows: If we cancel for any reason other than nonpayment of premium,we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation.This provision does not apply in those states which require more than 60 days' prior notice of cancellation. G. VEHICLE WRAP COVERAGE 1. SECTION III—PHYSICAL DAMAGE COVERAGE,paragraph A.Coverage,4.Coverage Extensions, is amended by adding the following: In the event of a"total loss"to a covered"auto"for which Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this Coverage Form,we will pay up to $1,000.00 for vinyl vehicle wraps which are displayed on the covered"auto"at the time of "total loss". Regardless of the number of autos deemed a"total loss",the most we will pay under this coverage extension for any one"loss"is$5,000.00. For the purposes of this coverage extension,signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. • 2. For the purposes of this Vehicle Wrap Coverage provision,SECTION V—DEFINITIONS is amended by adding the following Definitions: "Total loss"means a"loss"in which the cost of repairs plus the salvage value exceeds the actual cash value at the time of"loss". • H. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 1. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph B.Exclusions, subparagraphs 5.a.and 5.b.are deleted and replaced with the following: Exclusions 4.c and 4.d do not apply to electronic equipment that receives or transmits audio, visual or data signals,whether or not designed solely for the reproduction of sound,if the equipment is permanently installed in the covered"auto"at the time of the"loss"and such equipment is designed to be solely operated by the use of power from the"auto's"electrical system, in or upon the covered"auto"and physical damage coverages are provided for the covered"auto";or NSIC-GMI-BA-001 (Ed.08/19) Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL AUTO CA04491116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION 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 the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance—Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an"insured"under your policy provided that: other insurance;and 1. Such"insured"is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 4911 16 ©Insurance Services Office, Inc.,2016 Page 1 of 1 • WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.50% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION Any Person or Organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver • This endorsement changes the policy to which It is attached and is effective on the date Issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/24/2024 12:01 AM Policy No.CS-WC-011462-03 Endorsement No. 0 Insured R P W Services Inc. Premium Included Insurance Company Clear Spring Property and Casualty Company Countersigned by ©1998 by the Workers'Compensation Insurance Rating'Bureau of California. Ali rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual© 1999.