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HomeMy WebLinkAboutEliis Environmental Management, Inc. - 2025-01-15 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ELLIS ENVIRONMENTAL MANAGEMENT,INC. FOR TESTING FOR LEAD-BASED PAINTS/HAZARDOUS SUBSTANCES 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 Ellis Environmental Management, Inc, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of testing for lead-based paints, asbestos, hazardous molds and/or hazardous materials. $. 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 Ryan C. Davidson, 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. 25-15854/366458 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 Thirty Thousand Dollars ($30,000.00) annually (12 month period). 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 IA 5/2025 or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate two (2) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 25-15854/366458 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, 25-15854/366458 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. 25-15854/366458 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. 25-15854/366458 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 Ellis Environmental Management, Inc. Attn: Director of Comm. &Library Services Attn: Ryan C. Davidson 2000 Main Street 879 W. 190th Street, Suite 400 Huntington Beach, CA 92648 Gardena, CA 90248 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. 25-15854/366458 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; 25-15854/366458 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. 25-15854/366458 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 parry'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. • 25-15854/366458 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 ELLIS ENVIRONMENTAL MANAGEMENT, municipal corporation of the State of INC. California By: D. TS ` ��� Mayor L)P'sts (3 Ekt2€r S Print name ITS: (circle one) Chairma 'residen Vice President City Clerk AND By: J Lr1N E (364 iw S INITIATED AND APPROVED: Print n ITS: (circle on ecre axyChief Financial Officer/Asst. Secretary-Treasurer Director of Community& Library Services APPROVED AS TO FORM: City Attorney f�-- REVIEWED AND APPROVED: City Manager COUNTERPART 25-15854/366458 10 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a ELLIS ENVIRONMENTAL MANAGEMENT, municipal corporation of the State of INC. California By: '�'/ 6je.",--%..........43 --- Mayor Print name ITS: (circle one) Chairman/President/ Vice President G KAter City Clerk ,s1////e AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Di_ or Community & Library Services APPROVED T a :RM: Af/ City Attorney f-,4— REVIEWED AND APPROVED: _____—iCity Mana r COUNTERPART 25-15854/366458 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide lead-based paint and asbestos testing. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Perform lead-based paint and asbestos testing for the Park Bench Café (Roofing and Siding Project) and the Newland House Museum(Restoration Project). C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-15854/366458 11 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONTRACTOR'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Billing 1. All billing shall be done monthly for services completed the prior month. 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. CONTRACTOR 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 the number of citations written, complaints received, miles driven, or other mutually agreed upon details. 4. Upon request of CITY, CONTRACTOR shall submit the following: A) GPS Data B) Routes completed C) Complaint log 5. Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 25-15854/366458 12 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. C. Liquidated Damages Failure of CONTRACTOR to complete work in accordance with the terms and conditions of this contract will result in damages being sustained by CONTRACTOR. The following are cause for liquidated damages: 1. Missing scheduled sweeping days without providing prior notice to, and acknowledgement by, the Maintenance Operations Manager or authorized designee (including inclement weather). 2. Poor results. 3. Any failure or refusal by CONTRACTOR to perform in accordance with the terms of this contract. Upon the first occurrence of any of the foregoing acts, Contractor will be notified in writing by the City. Contractor shall respond within five (5) days with a written plan stating how compliance with the requirements of the agreement must be met. If there is a second occurrence of the same act by Contractor within a thirty-day (30) period, the City shall have the right to withhold payment of$500.00. Each separate and subsequent occurrence of the same act shall result in a liquidated damages charge in the amount of$500.00. 25-15854/366458 13 EXHIBIT B I�I�/II I®IMENT�l� 879 W.190th Street,Suite 400 ice ®. MANAGEMENT INC. Gardena, CA 90248 Tel: (310) 544 1837 2025 RATE SHEET Professional Services RATE UNIT Equipment RATE UNIT President,CA Environmental Professional $ 170.00 hour Q-trak(Carbon dioxide/monoxide) $ 55.00 day Certified Industrial Hygienist $ 170.00 hour P-trak(Ultra-Fine Particles) $ 75.00 day Project Manager(CAC,Lead Assessor) $ 156.00 hour Particulate Matter(PM) $ 55.00 day Project Engineer(CSST,Lead Assessor) $ 100.00 hour Infrared Camera $ 70.00 day Site Technician(CSST)/EPA Building Insp. $ 100.00 hour Moisture Meter/Duct Camera $ 35.00 day Service Call(Site Technician)4 hr min. $ 400.00 min. XRF Lead Paint Analyzer Pb200i $ 212.00 min. Per 8-hr shift-normal business hours $ 800.00 shift XRF Lead Paint Analyzer Pb200i $ 424.00 day Per 8-hr evening/weekend shift $ 1,200.00 shift Sound Level Meter $ 35.00 day Site Technician(CSST)-after 8 hours $ 150.00 hour Multi-RAE $ 75.00 day Emergency Response(<24 hr notice) -Site Technician $ 147.00 hour PDR 1000(rental) $ 110.00 day Drafter $ 100.00 hour Clerical $ 47.50 hour Mileage $ 0.70 mile Express Pass $ 10.00 day Analysis.Costs/Turnaround Time ASBESTOS LEAD PCM Air-onsite included Paint/Wipe-same day $ 35.50 each PCM Air-lab analysis-3hr $ 26.00 each Paint/Wipe-24 hr $ 27.50 each PCM Air-lab analysis-6hr $ 23.00 each Paint/Wipe-3 to 5 day $ 22.00 each PCM Air-lab analysis-24hr $ 22.00 each Air-same day(NIOSH 7082) $ 35.50 each TEM Air-6hr(AHERA) $ 217.00 each Air-same day(NIOSH 7303) $ 254.10 each TEM Air-24hr $ 88.00 each Air-24 hr(NIOSH 7082) $ 27.50 each TEM Bulk-24 hr $ 223.00 each Air-24 hr(NIOSH 7303) $ 132.00 each TEM Bulk-48 hr $ 174.00 each Air-3 to 5 day(NIOSH 7082) $ 22.00 each PLM Bulk-same day $ 35.00 each Air-3 to 5 day(NIOSH 7303) $ 71.40 each PLM Bulk-24 hr $ 28.50 each TTLC-24 hr $ 47.50 each PLM Bulk-3 day $ 19.50 each TTLC-48 hr $ 35.00 each PLM Bulk-5 day $ 15.50 each TTLC-3 to 5 day $ 28.50 each Qualitative(+or-)-3 day $ 48.00 each STLC-3 day $ 230.00 each PLM 1,000 point count-6hr $ 260.50 each TCLP-24 hr $ 330.00 each PLM 1,000 point count-24hr $ 250.50 each TCLP-48 hr $ 217.00 each PLM 1,000 point count-48hr $ 230.50 each TCLP-3 day $ 174.50 each PLM 1,000 point count-3 to 5 day $ 190.50 each continued on page 2/ page 1 of 2 EMS www.ellisenvironmental.com Updated:1-01-25 tgag., V A(&aL 879 W.190th Street,Suite 400 MANAGEMENT 1 _!C. Gardena,CA 90248 Tel: (310) 544 1837 2025 RATE SHEET 11 Analysis Costs/Turnaround Time VOLATILE ORGANIC MOLD/ALLERGENS/BACTERIA COMPOUNDS(TO-15) Airborne/Bulk mold-3 hr $ 168.00 each Tedlar Bags-3 day $ 342.00 each Airborne/Bulk mold-6 hr $ 126.00 each Tedlar Bags-5 day $ 285.00 each Airborne/Bulk mold- 24 hr $ 82.50 each Summa Canister-3 day $ 820.00 each Airborne/Bulk mold-3 to 5 day $ 60.50 each Summa Canister-5 day $ 520.00 each Airborne Culturable Bacteria(M010)-2 weeks $ 120.00 each Flow Regulator for Summa Canister $ 42.00 day Allergens(group) 5 day $ 220.00 each Summa Canister rental $ 55.00 day Allergen(single)-5 day $ 166.00 each RESPIRABLE/NUISANCE DUST FORMALDEHYDE Respirable or Nuisance -24 hr $ 55.00 each Passive Sampler Badge-5 day $ 168.00 each Respirable or Nuisance -3 to 5 day $ 44.00 each Passive Sampler Badge-2 weeks $ 127.00 each SOIL GLUTARALDEHYDE Title 22(CAM-17 Metals-full chain)-5 day $ 250.00 each Passive Sampler Badge-5 day $ 168.00 each Metals(single)-5 day $ 50.00 each Passive Sampler Badge-2 weeks $ 127.00 each Mercury-5 day $ 75.00 each VOCs-5 day $ 165.00 each TPH(carbon chain)-5-day $ 127.50 each MATERIAL IDENTIFICATION Common Particle-5 day $ 350.00 each Full Particle-5 day $ 1,530.00 each NON POTABLE WATER POTABLE WATER Sewage Screen MPN(M116) Total Coliform,E.Coll,Enterococci - (enumeration)-24 hr $ 150.00 each Lead(200.8)-2 week $ 40.50 each Sewage Screen MPN (M116)48-hr $ 121.50 each Metals call for quote Note: sampling media costs are included in our rates. page 2 of 2 �7®14 www.ellisenvironmental.com Updated:1-01-25 I j( I( . r-1 ARo CERTIFICATE OF LIABILITY INSURANCE DA7E(MMDD YYYY) 1/17/2025 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 NAME: Certificate Team Inszone Insurance Services,LLC PHONE FAX 2721 Citrus Road,Suite A (A/C.No.Ext):877-308-966a /Alc.Ho):916-400-2625 Rancho Cordova,CA 95742 ADDRESS: certs@inszoneins.com INSURER(S)AFFORDING COVERAGE NAIC II License#:0F82764 INSURER A:Atlantic Specialty Insurance Company 27154 INSURED ELLIS-1 INSURER B:Homeiànd Insurance Company of NY 34452 Ellis Environmental Management,Inc. '879 W 190th St Ste 400 INSURER C: Gardena CA 90248 INSURER D: INSURER E: _INSURER F: COVERAGES CERTIFICATE NUMBER:783450171 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. IXP NSR TYPE OF INSURANCE INSD SwVO POLICY NUMBER (UBR hIMIDDIIYYYYY) (1MIDCDIYYYYI ADDL LIMITS B X COMMERCIALGENERAL LIABILITY Y 793-00-97=88-0002 11111/2023 11/11/2025 EACH OCCURRENCE S3,000,000 DAMAGE OCLAIMS-MADE X OCCUR PR Al SES EaEoccu NTEence) $100,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY 53,000,000 GEIN'L AGGREGATE LIMIT:APPLIES PER: GENERAL AGGREGATE $.3,000,000 X I POLICY PROT LOG PRODUCTS-COA1PlOPAGO 53,000,000 JEG OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLELIMIT S '(Ea accident) ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per acCIdent) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY _ AUTOS ONLY (Per accident) 5 UMBRELLA LIAB _ OCCUR EACH OCCURRENCE :S — EXCESS LIAB • CLAIMS-MADE AGGREGATE 5 DEO RETENTION S S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY OTH- STA STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE Yl� NIA E.L.EACH ACCIDENT S OFFICER/MEMBEREXCLUDED? I (Mandatory in NH) E.L.DISEASE-EA.EMPLOYEE S If yes,desedbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Crime Liability 710-03-89-90-0007 3113/2024 3/13/2025 Employee Theft $50,000. B Pollution Liability 793-00-97-88-0002 11/11/2023 11/11/2025 Aggregate $3,000,000 B Pollution Liability 793-00-97-88-0002 11/11/2023 11/11/2025 Deductible $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Additional Insured on the General Liability.Primary and Non-Contributory on the General Liability. The aforementioned coverage is provided to the extent in the attached forms for:City of Huntington Beach,its officers,elected or appointed officials, employees;agents and vplunteers. • APPROVED AS TO FORMvi!t ems_ `i Ut CERTIFICATE HOLDER CANCELLATION MICHAEL E.GAPES CIi Y AI IUHN)Y • SHOULD ANY OF THE AGM(filgdll:llititTNIMtt VI EAOALLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach,CA 92648 ,4.---c--.7„---d--- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) • The ACORD name and logo are registered marks of ACORD . I Arc R CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODIYYYY) 01/08/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Commercial Su Support PRODUCER NAME: pP • Edgewood Partners Insurance Center PHONE g31) 390-9700 fAC,No};(631) 390-9790 40 Marcus Drive /AIC.No.Ext): 3rd Floor E-MAIL MSMCertsCM@spicbrokers.com Melville NY 11747 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:HARTFORD ACCIDENT AND INDEMNIT 22357 INSURED INSURER B: Ellis Environmental Management, Inc. INSURER C: 879 W. 190th St., Suite 400 INSURERD: Gardena CA 90248 INSURERE: INSURER F: COVERAGES HN CERTIFICATE NUMBER:Cert ID 38606 (54) 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, I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY£FF POLICY EXP LIMITS LTR TYPE OF INSURANCE MOD WVD POLICY NUMBER (MMIDDIYYYY) IMMIDDIYYYY} COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ,$ DAMAGE TO RENTED CLAIMS-MADE I IOCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY PRO- I LOC PRODUCTS-COMP/OP AGG S ' $ OTHER: COMBINED SINGLELIAOT AUTOMOBILE LIABILITY ramp $ 1,000,000 A ANY AUTO Y 12uECVZ0704 02/03/2029 02/03/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS PROPERTY DAMAGE HIRED NON-OWNED (Per accident] $ , AUTOS ONLY X AUTOS ONLY I S UMBRELLALIAB f_OCCUR EACH OCCURRENCE $ : EXCESS LIAB CLAIMS-MADE AGGREGATE $ I BED RETENTION$ $ _ j WORKERS COMPENSATION PER UTE ER _. 1 AND EMPLOYERS'LIABILITY YIN ANYPROPRIETORrPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ ' OFFICERIMEMBEREXCLUDED? l NIA(Mandatory in NH) EL.DISEASE-BA EMPLOYEE $ If yes,describe under11 E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below jj S f S 13 1 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) a City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are included as additional insureds on a primary and non-contributory basis for auto liability coverage as required by written contract. 30-day notice of cancellation, except 10 days for non-payment of premium, applies to the extent required by written contract. a 1 s , CERTIFICATE HOLDER 'CANCELLATION t 'I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE n THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN a ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE (Alm, E Huntington Beach CA 92648 E ) 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD II E Page 1 of 1 POLICYHOLDER COPY • Sc CO ATE P.O. BOX 8192, PLEASANTON, CA 94588 ;COMPENMPENSATION _ N aU R AN C'8• "- FUND, • CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-08-2025 GROUP: POLICY NUMBER: 9147354-2025 CERTIFICATE ID: 277 CERTIFICATE EXPIRES: 01-01-2026 01-01-2025/01-01-2026 CITY OF HUNTINGTON BEACH SC 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 Thls is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the Insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. 11 (i�f. V'v"i!/H^ .�..Cl/1'[rf/`• [ Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS NOTICE EFFECTIVE 01-01-2025 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #1651 - JANE BEHRENS S,T - EXCLUDED. ENDORSEMENT #1651 - DUANE BEHRENS P - EXCLUDED. I ii ii EMPLOYER ELLIS ENVIRONMENTAL MANAGEMENT INC SC 430 SILVER SPUR RD STE 201 RANCHO PALOS VERDES CA 90275 [P1 D,SG] tRev.7-sotal PRINTED : 01-08-2025 • Policy Number: 793009788 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION — FORM III This endorsement modifies..coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations CITY OF HUNTINGTON BEACH, ITS OFFICERS, 2000 MAIN STREET, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, HUNTINGTON BEACH, CA 92648 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, environmental damage or personal and advertising injury caused,in whole or in part,.by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured: B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to bodily injury, property damage or environmental damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. OBENV GE 346(01 19) Contains copyrighted material of Insurance Services Office,Inc:with its permission Page 1 of 2 Copyright 2019,OneBeacon insurance Group LLC Policy Number: 793009788 • C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION Ill — • 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 i 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. • it k iii l3 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 ti Policy Number: 793009788 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL.INSURED -- OWNERS_, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS. This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTEE)OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS Location And Description Of Completed Operations: 2000 MAIN STREET, HUNTINGTON BEACH,CA 92648 A. SECTION Il — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule,but only with respect to liability for bodily injury, property damage or environmental damage caused,in whole or in part,by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products- completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement;the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to 1. Limits of Insurance in SECTION III—LIMITS OF INSURANCE AND.DEDUCTIBLE: 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: I. Required by the contractor 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 351 (09 20) Contains copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 1 Copyright 2020, INSURED Policy Number: 793-00-97-88-0002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to,and will not seek contribution from,any other insurance'available to an additional insured under this policy provided that: a. The additional insured is a named insured under such other insurance;and b. The Named Insured has agreed in writing in a contract or agreement that this insurance would: (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 conditions remain the same. OBENV GE 319(11 20) Contains copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 1 E-INSURED Policy Number: 793-00-97-88-0002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization that the "Named Insured" agreed to waive its rights of recovery against in a fully executed written contract. The following is added to the Transfer Of Rights Of Recovery Against Others To Us condition of SECTION IV— CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for injury or damage arising out of your negligence during: 1. Your ongoing operations;or 2. Your work; performed under a written contract with such person or organization and included in the products-completed operations hazard. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s)or organization(s) in the written contract prior to loss.This waiver applies only to the person or organization shown in the SCHEDULE above. F All other terms and conditions remain the same. OBENV GE 320(11 20) Contains copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 1 0 E-INSURED f's