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HomeMy WebLinkAboutIn-Pipe Technologies - 2024-07-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND IN-PIPE TECHNOLOGIES FOR MICROBIAL DOSING SYSTEM FOR SEWER LINES 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 In-Pipe Technologies, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of microbial dosing system designed to breakdown blockage in sewer lines. 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 Douglas G. Fagans, 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. r 24-14692/357368 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 Forty Nine Thousand Five Hundred Dollars ($49,500.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence O3-/01/21.1, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate one (1) year 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. 24-14692/357368 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, 24-14692/357368 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. 24-14692/357368 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. 24-14692/357368 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 In-Pipe Technologies Attn: Director of Public Works Attn: Douglas G. Fagans 2000 Main Street 725 N. Central Avenue Huntington Beach, CA 92648 Wood Dale, IL 60191 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. 24-14692/357368 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; 24-14692/357368 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. 24-14692/357368 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. 24-14692/357368 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 IN-PIPE TECHNOLOGIES municipal corporation of the State of a California limited liability corporation Califo By: 7ayor Print name ITS: (circle one) Chairm. 'resideio n Vice President e671441-14.444) City Clerk 12030 AND By: INITIATED AND APPROVED: rint name ITS: (circle one `Chief Financial Officer/Asst. Secretary- reasurer 1Do, Farms Director of Public Works APPROVE TO FORM: City Attorney REVIEWED AND APPROVED: City M. ' ger 24-14692/357368 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Injection of microbial dosing into two study areas that have historical issues with FOG build-up as part of the pilot study to determine the effectiveness of the project in reducing FOG build-up. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-14692/357368 11 } EXHIBIT "B" Payment Schedule (Fixed Fee Payment) $49,500.00 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and • in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above,.and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement: 24-14692/3 573 68 12 I ki .,,, • .. ACC,„.k,.77.77.74N:D.': ' • . 0712049:2IYY.YY):4',.—• . , . )/R :4 'CERTIFICATE OVLIABILITY• INSURANCE :.• • :1/4-...,. ' -- "----•• " -- "" .•••".. -" •"•' . " - ....... ... . . . ... „ .,. .. .,. .„,., ........,... f!.,41,a'003"rjfIwg,i4,1§§pga,,,N ,...A.:fitATT.gR.OF LINFORMATION oNor AND:-CONFERS!oti-R1OHT$UPON:'THECERTIFICATE HOLDER THIS CERTIFICATE DOES,:NOT AFFIRMATIVELY OR NEGATIVELY AMEND EXTEND OR ALTER.:THE COVERAGE AFFORDED BY THE POLICIES: . BELOW THIS THIS:CERTIFICATE:OF INSURANCE DOES NOT CONSTITUTE:A CONTRACT BETWEEN, 'THE ISSUING INSURER(S).:AUTHORIZED„.: ..: . :. REPRESENTATIVE pi-trftppupp3rpiTiE.epRTIF.tega:.lip4DR,. 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'7930112000002' 6/36/2024:: : .6/30.1.262,6 "1-16gt :1;000,000" :-9. aqiiy#00140Plir. 1600 0 4: -9E0569 6/30/202 ',:,6/30/2 line !:89A43. .„ ,:...,.. .: ..025 •---• : . • . . DESCRIPTION OF:OPERATiONS1:4)CATIONS 1.,VE10,ES::::(AEORtilD1 4d4iRonot.1Wpfko•Sc!ieclii,y4 Ot4y:1044.acheiOf.inolOtioco.14 T440,104)::: AtIclitionalinatiracCOn aPriine4 and fienaoritribUtorybaSiS4ifiroSPOOlId4enerailjObilitViind auto itabitity;bnlywhe4',teliiited by written contract Waivers of :$06ri:/g*IOn:MVIY'W,tki.e.genOrpt110N1ity..and*to:110**14.109r of the 00100.0dit.ipngt]inu(q0...prk**.rv.recKit0;py)mtitten,COnttOdt-, • , '1 •• • 'Additional frisurect;.C.WrOf H0ntindion.:u000i,*bffioers'eleCted:0!appointed OffibialS.E,:ernployeek,agentkanityolorikeers. . , :,... i..,. !.•• 'APP.ROAS'TqFUMIYI . . . .. .•••. . • • . . •. . . CERTIFICATE'HOLDER . CANCELLATION CITY:•Pf 7.... ipilicIdtot4 BEACH :r•' .., • ,00404Ny.OrtHOPPVR-90031fig4FO.Lipt0,0g, wc.E,KEp BEFORE.: Ing:,..EXPIRATION GATE.THEREOF,: NOTICE •WILL BE:::DELIVERED IN ..••:. • ACCORDANCE WITS:T(ig..:p0pcy.pRoVjion$. •• City of Huntington Beach •• .2000 Main Street AUTHoWpg iEFEI.E4ENTATR.r.g • litotingt00 adpert 0/;;v9q64€i • ,,,-.. ,,• :,.,-.:,. .,.., „.. . , . -• ,-c--.-t,:,:to.4, ' ,. . -:, .,..:•„. ". t• i; :-. :.., ,..,:." •,-:,............ ,,, ,-• pi00:040$,A00.13p,:cpiriplzxrppg All:00*.0000d; -ACORD:25(2016/03): The APORO name 000 10Ore.'17ittigI*1.04 marks itilADORD. ... .„ A R CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDfYYYY) Acctk: 2450119 08/26/2024 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(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT LOCKTON COMPANIES,LLC PHONE FAX (NC.No.bin; 3657 Briarpark Dr.,Suite 700888-828-8365 (NC.No): Houston,TX 77042 ADD R$$$: insperitycerts@tocktonaffinity.com INSURER(S)AFFORDING COVERAGE NAIL# INSURER A: Indemnity Insurance Company of North America 43575 INSURED INSURER 8 WASTEWATER ACQUISITION,LLC 725 N CENTRAL AVE INSURER C: ' WOOD DALE,IL 60191-1240 INSURER D INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ANSI Stwo POLICY NUMBER (MM!DDYIYYYY1 (MMIDDI EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO R S CLAIMS-MADE.pi OCCURPREMISES(EaENTED occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY n PRO- I I LOC PRODUCTS-COMP/OP AGG S JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS NUTOS ON OWNED PROPERTY DAMAGE _ HIRED AUTOS AUTOS !PeraccIden0 $ UMBRELLA LIAB _OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR:PARTNER/EXECUTIVE YfN E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDED? n N/A C72283855 10/01/2024 10/01/2025 E.L.DISEASE-EAERIPLOYEE$ 1,000,000 (Mandatory In NH) I as descd6a under t 000,000 DESCRIPTION OF OPERATIONS Mow E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 200 Mein Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE ©1988-2018 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: 793.44.4714.6.40.08qZ 1111$E100:14 ,MENT OHANOES,TH.F.:P.01JCY,..PLEA$E READit b.AROOLLY,... ADPITIONAL,INSURED, OWNERS, LESSEES OR CONTRACTORS— SCHEDULED PERS .:N:OR'ORGANIZATION,— FORM III olorsoroot to0(14,140SWO.ge brOvided 0W:10:tithe f0110Witig CONIMERCIALGENERALLIASIL1TY'COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE .„. . :Ne..:orMditionai Insured:Persori(s). OtOrgariliatiOn(S)., : . Location(s)Of Covered Operations , pywciRkiiNTOOTOR0EAPH, ITSOfFICERS4;!ii!i Any location where required by the written contract or fi;FOLT:gaMAPPOSTMOFFIOALsi,EMPLoY.EES;le writtOtiOreettiOntimMidi:the Named Insured egeeed AGENTS AND VOLUNTEERS tbrAdd.tripersOn'sif.organization qualifying as an additional leisured undbethig.endoraerriant. . . . . , I nformatiberrequiredlo complete thie Schedule if nof.i.hoWnAbovei will ba,.shownin.:the::beciarattons. IL. SECTION II—.'wHO. 3 AN INSURED i . &ow:too:to:irielude as an additibnal insürèd the :,persons)::tie ,oropt4atittit:00:19)m-tAll the Schedule, but only with respect to liability for bodily injury, property environmental daMagedr pertOnal-anitadvertiting injury in.whpie;orin part by:: 1.. youraots*00110#iori§:;or :2: The actslx omissions of those•aotingoriyour. tr:tho.pOrfottnarte0 of VOO(otigOitig:iipatati00§TOr the insured(s)at the...,1Obatibri(S)deighated aboVe, However • The ii*troticpatrbrOoctto.,.%tch',additional ins.ured,orilyapplies to:the:extent perrriitted!by law;and 2. If.0.0i.orogprOyi:00*.0.1p additional iti$orectiejecipirOgiOy a contract oragroerrieht;tne:inOrahoo afforded to such additional insured will..notbebroader itianthetWhiotryciu are required by the contract or agreement. to tovicreforvoi.additional insured. B. With respect,to' ho In0grano0A0ordadtothosaiedditionat insureds;the following adOitionat exPlosforikapply This insurance cioee„...nOt.appiyto:bOdilyinjUrSt, property clainageoeenViroarnentardemage:occurringarter 1. All work, including materials, parts or equipment furnished in connection With such work, on the project (other than:•Sehii60, maintenance or repairs)to be t*Iftwill00bV or on behalf of the additkiriatinOielM,•at.. the location ofthecoveredoperations.has-beeetecienpleted; :Z That l?Orti011 OfVOtltWOrkOt.it Of Whi:Oh,the pii(10 its intended peahyar* person or organization other than another contractoror:suboontractor engaged in performing operations for a principal*al:part'Of the same project. OBENV GE 346101 19).• Contains copyrightedlnatrial of Services Inc with its permission Page 1 of•2: C.opyriglit:2016,-0*.B04epoinsurpn.cp Group pLO Policy Number: 793-01-12-00-0003 C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain the same. OBENV GE 346(01 19) Contains copyrighted material of Insurance Services Office,Inc.with its permission Page 2 of 2 Copyright 2019,OneBeacon Insurance Group LLC • A 4 Policy Number: 7.9,. .01,1124:10-,2,090:,,, THIS ENDORSEMENT CHANGES THE POLICY...PLEASE READ IT CAREFULLY, ADDITIONAL INSURED — OWNERS., LESSEES OR CONTRACTORS. —COMPLETEO OPERATIONS This endorsement modifies coverage provided:under theIollowing:, COMMERCIAL GENERAL LIAl3.1.1-ITYCPVERAQE PART CONTRACTORS ENVIRONMENTAL LIABILIWCOVERAdE PART SCHEDULE Name Of AdditiOrial InSMed Person(s)Or Organization(s): 017(Y,1?F HuKFINO,TP: PE.:A:PH,IT8:',.0 .FICFRS;,ELEOTP ORAPPOINTFI.OrF101AL% EMPLOYEE$;,A6ENTa ANp-VOLP,N1-tgRp') LoOation And Description QfOornpleted option : 2000 MAIN sT HUNTINGTORBFACH QA.9.2048,2702 k SECTION 1; WHO IS AN INSURED is atherided include las en additional inured the persOri(0)•.Or organization(S).shown in the Schedule, but only with respect to liability for bodily Injury, property damage or environmental damage caused, in whole or in park by your Wad(at the loCatiOnqeSignatedand described in the-Schedule of this endorsement performed for that additional insured and included in the' products- completed operations hazard. 1-10WeVer: 1: The insurance affordedb suchadditionatinsured only to theextentpermitted.by law;and, 2, if coverageprovided to the additional intured.is required by:a Oontrectotegreethent;the insurance afforpep to such additional insured will not be broader than that which you are required by tha'contraCtor agreement to provide fOrsuch additionai insured. B. With respect to the insurance,afforded to these additional insureds,:the following is added to I: Limits of Insurance irr Edtitt)i4 lit—LIMITS OF INSURANCE AN DI5E6UOTIBLEf. If coverage provided to the additional insured is required by a contract or agreethent,the most we will pay on behalf oftheadditional insured is the amount Of..insurance: 1. Required OY.the oPotraot or agreenlertOr •2. Available under the applicable Limits of Insurance shownin the:Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other firms and Oonditions:remain the same. OE)ENVdE 351 (09 20). contains'copyrighted materiel:Or Insurance Services Office,1fie,with its permission 'Page 1 of 1 CopYright 2"02`0,,Onceeacon Insurence Oroupt_LC Policy Number 793-01-12-00-0003 THIS ENDORSEMENT CHANGES THE POLICY..PLEASE•READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY—OTHER INSURANCE'CONDITION This.endorsement Modifies..cveràgél ided*Oet the fellowing:, COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTALLIABILITY.COVERAGE PART The following ieadded1O-the Other Insurance Condition and supersedes any provision to contrary': Primary.And NohcOntribUtory Ihaurahca This insurance is'Orimarji.Ao,and will not seek contribution from,any other insurance available to an additional ihadred'Ohderthia poliOy ProVided that. a. The additional'insured's a.named.insured under such other insurance;and b. The Named insured has.agreed in writing lila pontradt or agreement thatthie iiiSuranca (1) Act primary to any other Insurance available to the additional insured,and (2) Would not seek contribution from any other insurance available to the additional insured. All other terms and coriditirmaramain'the same, • oBENV 319(11 go) pontOtris copyrighted ni4t ode of Instilit*Services office,tripl,yiith its ppiiniSsign, Page 1 al E-Nsupgo Pbligy Number: 10028685CA A.ADDITIONAL INSURED— this Coverage Part or would be AUTOMATIC STATUS an"insured"under such Item A.1.c.of SECTION II—COVERED policy but for its termination or AUTOS LIABILITY COVERAGE,WHO the exhaustion of its limits of IS AN INSURED is deleted and insurance. Each such replaced with the following: organization remains qualified c.Anyone liable for the conduct of as an"insured"only while you an"insured"described above own a financial interest of more but only to the extent of that than 50% in the organization liability.This includes, but is not during the policy period. limited to,any person or e.Any organization that is acquired organization for whom you are or formed by you,other than a performing operations when partnership or joint venture, of you and such person or which you own a financial organization have agreed in a interest of more than 50%will written contract or a written qualify as an"insured". agreement that such person or However,such organization will organization be added as an not qualify as an"insured"if it is additional insured on your also an"insured"under another policy. Such person or policy, other than a policy organization is an additional written to apply specifically in insured under this policy only excess of this Coverage Part or with respect to liability caused would be an"insured"under in whole or in part by your acts such policy but for its or omissions in the termination or the exhaustion of performance of your ongoing its limits of insurance. Each operations for the additional such organization remains insured.A person or qualified as an"insured"only organization's status as an while you own a financial additional insured for ongoing interest of more than 50%in the operations under this policy organization during the policy ends when your operations for period. the additional insured are This provision does not include: completed or when this policy is cancelled,whichever occurs (1) any organization first. 180 days or more after its acquisition or formation;or (2) "bodily injury", B. BROADENED INSURED "property damage"or The following paragraph is added "covered pollution cost or to SECTION II—A.1.WHO IS AN expense"caused by an INSURED: "accident"that occurred d.Any organization of yours,other before you acquired or than a partnership or joint formed the organization. venture,of which you own a financial interest of more than C. DUTIES IN THE EVENT OF AN 50%as of the effective date of ACCIDENT,CLAIM, SUIT OR LOSS this Coverage part,will qualify CONDITION as an"insured". However,such The following paragraph is added to organization will not qualify as the end of Paragraph A. 2., an"insured"if it is also an SECTION IV—BUSINESS AUTO "insured"under another policy, other than a policy written to CONDITIONS: apply specifically in excess of Your obligation to notify us promptly of an"accident",claim,"suit"or"loss"is BA30001215 Page2of6 Po1ic] Number: 10028685CA Comprehensive and Collision coverages $1,000 deductible will apply are extended to an"auto"you lease, for the"loss". hire, rent,or borrow subject to the following: V.HIRED PRIVATE PASSENGER AUTOS 1. The most we will pay for AND LIGHT TRUCKS—WORLDWIDE "loss"to any leased,hired, COVERAGE rented,or borrowed"auto" Paragraph b, 7.541)of Section IV— isthe Actual Cash Value or BUSINESS AUTO CONDITIONS— the cost to repair the"auto", Policy Period, Coverage Territory is whichever is smallest. replaced by the following: 2. The deductible for Hired Anywhere in the world if a covered Auto Physical Damage will "auto"of the private passenger type or a be equal to the largest light truck with Gross Vehicle Weight deductible applicable to any less than 10,001 pounds is leased, owned"auto"scheduled on hired, rented or borrowed without a this policy for that coverage. driver for a period of 30 days or less. No deductible applies to loss by fire or lightning. 3. If the"loss"to the leased, W.TRANSFER OF RIGHTS OF hired,rented,or borrowed RECOVERY AGAINST OTHERS TO "auto"is covered by US • Comprehensive Coverage, The following is added to Section IV— and if no owned"auto" BUSINESS AUTO CONDITIONS A.5. scheduled on this policy is Transfer Of Rights Of Recovery Against insured for Comprehensive Others To Us: Coverage,a$100 We waive any right of recovery we may deductible will apply to the have against any person or organization "loss". to the extent required of you under a 4. if the"loss"to the leased, written contract executed prior to any hired,rented, or borrowed "accident"or"loss", provided the "auto"is covered by "accident"or"loss"arises out of Collision Coverage,and if operations contemplated by such no owned"auto"scheduled contract.This waiver applies only to the on this policy is insured for person or organization designated in Collision Coverage,a such contract. BA 30 00 12 15 Page 6 of 6 Pdlicy Number: 10028685CA COMMERCIAL AUTO CA 04 49 11 16 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