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HomeMy WebLinkAboutJohn Robinson Consulting, Inc. - 2025-03-12 (2) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JOHN ROBINSON CONSULTING, INC. FOR DEVELOPMENT OF CROSS-CONNECTION CONTROL MANAGEMENT PLAN 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 referred to as "CITY," and John Robinson Consulting, Inc., hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide a Cross- Connection Control Management Plan; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT 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." CONSULTANT hereby designates John Robinson 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 CONSULTANT in the performance of this Agreement. 25-15966/368963 1 of 12 3. TERM., TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on //A/P-7A, l214' 20 36 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Twenty Eight Thousand Seven Hundred Forty Dollars ($28,740.00). 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," CONSULTANT 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. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 25-15966/368963 2 of 12 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT 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, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT 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. 8. HOLD HARMLESS A. CONSULTANT 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 (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,if any)negligent(or alleged negligent)performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT'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 limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs"Design Professional Services"within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 25-15966/368963 3 of 12 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However,notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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 CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however an insurance 25-15966/368963 4 of 12 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT 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; 25-15966/368963 5 of 12 B. state that the policy is currently in force; and C. shall 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. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT'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. CONSULTANT shall'pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT 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. CONSULTANT 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 CONSULTANT 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. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by 25-15966/368963 6 of 12 CITY shall be made in writing,notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY,become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT 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. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT'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 specified below. 25-15966/368963 7 of 12 CITY and CONSULTANT 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 mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach John Robinson Consulting, Inc. ATTN: Director of Public Works ATTN: John Robinson 2000 Main Street 1055 E. Colorado Blvd., Suite 500 Huntington Beach, CA 92648 Pasadena, CA 91106 17. 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 transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. 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. 20. 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 25-15966/368963 8 of 12 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. 21. 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. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT 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 25-15966/368963 9 of 12 scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. 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 nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. 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. 28. ENTIRETY 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 25-15966/368963 10 of 12 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. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 25-15966/368963 11 of 12 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of JOHN I S,ON SU ING, INC. California B c Director/Chief (A in-S(7 (Pursuant nt 7o IIBA/C;§3.03.100) print name S: (circle one)Chairma Presiden ` ice President APPROVED AS TO FORM: AND (01 By: City Attorney Je t vi Date print name ITS: (circle one)Secretary hief Financial Officer sst. Secretary—Treasurer RECEIVE AND FILE: X14-4,0%6 rn4 City Clerk Date 441/26- 25-15966/368963 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Develop a Cross-Connection Control Management Plan consistent with State Water Resources Control Board Division of Drinking Water's Cross Connection Control Policy Handbook B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Task 1 -Meetings and Coordination JRC will conducted a kick-off and two additional meetings with Huntington Beach staff during the course of the development of the CCCMP. JRC will prepare the agenda three(3)days prior to the meeting and provide meeting minutes with specific action items two(2) days after the meeting. JRC will submit progress reports to Huntington Beach staff by the 1st of each month with the JRC 's invoice. The Progress Reports will provide updates on the project schedule, deliverables, and activities. Task 2 -Evaluate Existing Cross Connection Control Program JRC will evaluate the City's current CCCMP,potable distribution system, City Standards and Specifications, and user's hazard classifications. JRC will provide a review of their evaluation and provide feedback to City staff on areas that need improvement and recommendations of additional measures that may need to be put in place to achieve compliance with the CCCMP and/or improve program effectiveness. Task 3 -Hazard Assessment JRC will review the City's current hazard assessment procedures and determine if the current process is acceptable and meets CCCPH's initial hazard assessment requirements. The City currently has approximately.54,000 water meters and 9,200 backflow prevention assemblies installed on domestic and fire service lines of commercial,multi-family, institutional, and irrigation customers. Each category of user will require a separate hazard assessment approach. JRC is currently developing a schedule of hazard assessment approaches for each of the user classes and discussing those approaches with the DDW, for twenty-three water agencies in Orange County, including the City. Assessing residential users may include,but not be limited to, determining if the resident has a pool, gray water system, onsite well, sewer injector pump system, or other feature that would require backflow prevention at the meter. Commercial/Industrial site assessments may focus on the unprotected commercial/industrial sites as Phase 1 of the assessments. JRC will advise on developing a process and assist with performing initial hazard assessments, including for all of the user classifications. JRC will assist with establishing procedures for conducting hazard reassessments of user premises. Assistance will be in the form of developing EXHIBIT A the approaches and drafts of assessment forms or flyers. It will not include performing site inspections. Task 4 -Draft Cross-Connection Control Plan JRC will develop and provide a Draft CCCMP that includes, at a minimum, all procedures and documentation listed in Section 3.1.4 of the CCCPH.JRC will also be responsible for assisting with the submission of the CCCMP to DDW and providing supp011 for any subsequent actions following the DD W's review. JRC will be responsible for ensuring the approval of the CCCMP from both City's City Council and the SWRCB. JRC responsibility to ensure approval will be limited to addressing needed corrections or adjustments to the CCCMP to ensure final approval from the DDW and/or City's City Council. The Draft CCCMP will include draft language to comply with: • Section 3.1.3(a)(1) of the Handbook: Operating Rules and Ordinances • Section 3.1.3 (a)(2) of the Handbook: Cross- Connection Control Program Coordinator • Section 3 .1. 3 (a)(3)of the Handbook: Hazard Assessments • Section 3.1.3 (a)(4) of the Handbook: Backflow Prevention • Section 3.1.3 (a)(5) of the Handbook: Certified Backflow Prevention Assembly Testers and Certified Cross-Connection Control Specialists • Section 3.1.3 (a)(6)of the Handbook: Backflow Prevention Assembly Testing • Section 3.1.3 (a)(7)of the Handbook: Recordkeeping • Section 3.1.3(a)(8)of the Handbook: Backflow Incident Response, Reporting and Notification • Section 3 .1.3 (a)(9)of the Handbook: Public Outreach and Education • Section 3.1.3 (a)(10)of the Handbook: Local Entity Coordination. The CCCMP will ensure compliance with relevant state regulations and guidelines focusing on the CCCPH adopted by DDW as the primary State regulation and guideline. The CCCMP will identify specific requirements applicable to the City's water system and distribution network. In addition,the CCCMP will outline preventive measures, engineering controls, and appropriate backflow prevention devices for each identified hazard. Task 5 -Revisions to and finalization of CCCMP JRC will incorporate comments on the Draft CCCMP from Huntington Beach staff JR Consulting will revise the Draft CCCMP and submit it electronically via Word and PDF as a Final CCCMP Deliverables for Tasks 3 and 4: •Draft CCCMP, electronically, of the ten(10)Template CCCMP sections for City review. •Final Draft CCCMP, electronically for City review and final approval. •Final CCCMP incorporating City comments for DDW submittal. • Section 3.1.3 (a)(5)of the Handbook: Certified Backflow Prevention Assembly Testers and Certified Cross-Connection Control Specialists • Section 3.1.3 (a)(6)of the Handbook: Backflow Prevention Assembly Testing • Section 3.1.3 (a)(7)of the Handbook: Recordkeeping EXHIBIT A • Section 3.1.3(a)(8)of the Handbook: Backflow Incident Response, Reporting and Notification • Section 3 .1.3 (a)(9)of the Handbook: Public Outreach and Education • Section 3.1.3 (a)(10)of the Handbook: Local Entity Coordination. The CCCMP will ensure compliance with relevant state regulations and guidelines focusing on the CCCPH adopted by DDW as the primary State regulation and guideline. The CCCMP will identify specific requirements applicable to the City's water system and distribution network. In addition,the CCCMP will outline preventive measures, engineering controls, and appropriate backflow prevention devices for each identified hazard. Task 5 -Revisions to and finalization of CCCMP JRC will incorporate comments on the Draft CCCMP from Huntington Beach staff JR Consulting will revise the Draft CCCMP and submit it electronically via Word and PDF as a Final CCCMP Deliverables for Tasks 3 and 4: •Draft CCCMP, electronically, of the ten(10)Template CCCMP sections for City review. • Final Draft CCCMP, electronically for City review and final approval. •Final CCCMP incorporating City comments for DDW submittal. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: JR Consulting proposed the following schedule for the deliverables and if Huntington Beach has a Draft CCCMP deadline that requires the procedure to be completed sooner then we can discuss and modify the schedule. 1. Complete the kick off meeting within 2 weeks form the receipt of the Notice to Proceed. 2. Complete Task 2 within 30 days of the kick off meeting but is depending on the obtaining information from Huntington Beach 3. Complete Task 3 Hazard Assessment review and complete the Draft CCCMP for Task within 45-60 days from receipt of the information from Task 2. 4. Task 5 schedule will be developed in coordination with Huntington Beach staff EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Table 1 - Compensation City.of Huntington Beach.-Cross-Connection Control Management Plan *VW JOl►u Thomas , ay Task Project Tasks Robinson H°Iliman,PE Total Total °'' .TOTAL•,,, Project` `Pn ncipnl Hours Labor - FEES € M gel Tanner' ,� c i'i $07 t° .,Hourly:Rate $165 $210 y .' 4 +f4�.dLLSs N rjr i `,'s4�. Lo Meetings and Coordination 16 16 32 $6,000 $6,000 2.0 Evaluate Existing Cross-Connection Control 4 8 12 $2,340 $2,340 Plan. 3.0 Hazard Assessment 8 4 12 $2,160 $2,160 Draft Cross-Connection Control Management 4.0 Plan' 20 60 80 $15,900 $15,900 5.0 Revisions and finalization ofCCCMP 4 8 12 $2,340 $2,340 Total'Hours,and,Fee 52 96 148 $28,740 $28,740 Total Not-to-Exceed Fee $28,740 B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY.an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. kV) A� CERTIFICATE OF LIABILITY INSURANCE DAT2/201202m5YY) 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 poliey(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Allison Baru AssuredPartners Design Professionals Insurance Services, LLC PHONE A Hc°Ne.E:O:360-626-2007 (ac,No�:360 626-2007 3697 Mt.Diablo Blvd Suite 230 E-MAIL Lafayette CA 94549 ADDRESS: aIIi$on.barga(N,assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# _ License#:6003745 INSURER A:RLI INSURANCE COMPANY 13056 INSURED 26221 INSURER B:Lloyd's of London 15792 John Robinson Consulting Inc 1055 East Colorado Blvd Suite 500 INSURER C: Pasadena CA 91106 INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:1208183748 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXPIY LIMITS LTR tmsn WVD POLICY NUMBER IMMIDDYYY) IMMIDD/YYYY1 A X COMMERCIAL GENERAL LIABILITY Y Y PSB0009419 5/9/2024 5/9/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) S 1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X jE Q LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: S A AUTOMOBILE LIABILITY Y Y P880009419 5/9/2024 5/9/2025 COMBINED SINGLE LIMIT $1.000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ A UMBRELLA LIAB X OCCUR Y Y PSE0004657 5/9/2024 5/9/2025 EACH OCCURRENCE $3,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE S 3,000,000 DED . RETENTIONS S A WORKERS COMPENSATION Y PSW0005179 5/9/2024 5/9/2025 X PER AND EMPLOYERS'LIABILITY YIN STATUTE ER _._ ANYPROPRIETOR/PARTNERJEXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED'7 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Profess-cna'Liat..Claims Made 1525/23U10119/058 5/9/2024 5/9/2025 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space Is required) The certificate holder is an additional insured per the attached. Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies. The following policies are included in the underlying schedule of insurance for umbrella/excess li ypl/gm)vannottonm Ili ployers Liability. RE:Development Of Cross-Connection Control Management Plan. ` 30 days Notice of Cancellation per the attached. B MICHAEL J.VIGLIOTTA CITY ATTORNEY CERTIFICATE HOLDER CANCELLAVOW OF HUN 11PIGTON OEAC-H SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Director of Public Works 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 /(- 79te ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy.Number: PSB0009419 RLI Insurance Company b. Any other person using a "hired auto" C. Limit of Insurance with your permission; The Limit of Insurance under this endorsement is c. For a"non-owned auto": shown in the schedule above.The Limit of Insurance will to(1) Any partner or "executive officer" of from apply HiredpAutolyLiabilityh orccurrence Non-ownedsulting Auto yours;or Liability. For Hired Auto Liability and Non-owned (2) Any"employee"of yours; Auto Liability covered by this endorsement, the Limit of Insurance is the most we will pay for the total of all but only while such "non-owned auto" is damages resulting from any one "occurrence" being used in your business;and regardless of the number of: d. Any other person or organization, but a. Insureds; only for their liability because of acts or omissions of an insured under a., b. or b. "Autos"; c.above. c. Claims that are made or"suits" that are brought; However, none of the following is an or insured: d. Persons or organizations making claims or a. Any person engaged in the business of bringing"suit". his or her employer for"bodily injury" to D. For the purposes of this endorsement only, Para- any co-"employee" of such person in- graph H. Other Insurance in SECTION III — COM- jured in the course of employment, or to MON POLICY CONDITIONS is replaced by the the spouse, child, parent, brother or sis- following: ter of that co-"employee" as a conse- quence of such "bodily injury", or for any This insurance is excess over any other valid and obligation to share damages with or re- collectible insurance, whether primary or excess, pay someone else who must pay dam- covering the"hired auto"or"non-owned auto". ages because of the injury; E. The following additional definitions apply: b. Any partner or"executive officer"for any 1. "Auto business" means the business or occu- "auto" owned by such partner or officer pation of selling, repairing, servicing, storing or or a member of his or her household; parking"autos". c. Any person while employed in or 2. "Hired auto" means any "auto" you lease, hire, otherwise engaged in duties in connection with an "auto business", rent or borrow. This does not include any "auto" other than an "auto business" you you lease, hire, rent or borrow from any of your "employees", your partners or your "executive operate; officers"or members of their households. d. The owner or lessee(of whom you are a • 3. "Non-owned auto" means any"auto" you do not sublessee) of a "hired auto" or the owner of a "non-owned auto" or any own, lease, hire, rent or borrow which is used in connection with your business. This includes agent or"employee"of any such owner "autos" owned by your "employees", your or lessee;or partners or your "executive officers", or e. Any person or organization for the con- members of their households, but only while duct of any current or past partnership used in your business or your personal affairs. or joint venture that is not shown as a Named Insured in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 321 11 10 Page 2 of 2 Policy Number: PSB0009419 RLI Insurance Company Named Insured: John Robinson THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY 1. C.WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional Insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury"caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement;or to you;or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the 'product-completed operations commctt o or agreement. after you have entered into that contract 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage"or"personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that person or organization. We waive these rights only limits of insurance stated in D. Liability And where you have agreed to do so as part of a Medical Expenses Limits of Insurance. contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury"or"property damage"occurs,or the"personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 0212 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for any person or organization that you requires you to obtain this agreement,provided you executed have agreed with in a written contract to provide this the contract before the loss. agreement, This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. • (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 0510912024 Policy No. PSW0005179 Endorsement No. Insured John Robinson Insurance Company RLI Insurance Company Countersigned By ®1998 by the Workers'Compensation insurance Rating Bureau of California.All rights reserved.