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HomeMy WebLinkAboutEEC Environmental - 2025-04-23 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND EEC ENVIRONMENTAL FOR ON-CALL ENVIRONMENTAL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called"City," and EEC ENVIRONMENTAL, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of environmental Engineering Services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Bina Patel, 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. 25-16078/373927 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00) 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 11/23/25; or as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminate three (3)years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 25-16078/373927 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, 25-16078/373927 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. 25-16078/373927 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. 25-16078/373927 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 EEC Environmental Attn: Director of Public Works Attn: Bina Patel 2000 Main Street 1 City Boulevard West, Suite 1800 Huntington Beach, CA 92648 Orange, CA 92868 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. 25-16078/373927 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; 25-16078/373927 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. 25-16078/373927 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. 25-16078/373927 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 EEC ENVIRONMENTAL municipal corporation of the State of California By: /„,‘Z14-Ale. 22//�� Mayor /11dlx LT, Print name ITS: (circle one) Chairman r i e lote, l/ ' Vice President _ City Clerk i(2�AND By: G��— �A n INITIATED AND APPROVED: Print n ne IT . (circle one Secre hief Financial L. Officer/Asst. Secretary-Treasurer Fire Chief APPROVED AS TO FORM: -G.-- 0\1"— ----- • ity Attorney Q.A._ REVIEWED AND APPROVED: City Manage 25-16078/373927 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) On-Call Environmental Engineering Services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The City is seeking qualified environmental engineering consultants with experience under the following capacity: General • Prepare, assist, and review oil well abandonment reports in compliance with HBFD City • Specification 422; • Provide training to City staff on various environmental review processes. • Review of project plans and specifications; • Perform field investigations; • Provide site assessment and preliminary studies; • Prepare and review engineering analysis reports; • Prepare and review technical and research studies; • Assist in the development of City Specifications; • Prepare, assist, and review environmental reports to ensure compliance with HBFD City Specifications 429 and 431-92; • Prepare, assist, and review oil well abandonment reports in compliance with HBFD City Specification 422; • Provide training to City staff on various environmental review processes. In general,the consultant shall perform environmental engineering services on an"as- needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: Monitoring and Inspections • Perform maintenance, monitoring, and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies; • Provide testing and sampling of various constituents and media. Studies and Reports • Prepare reports and studies that utilize sound practical environmental engineering analysis and principles; • 25-16078/373927 11 • Prepare documentations that comply with applicable regulatory agency requirements for permitting; • Review 3rd party reports and studies, and provide City staff with comments and recommendations. • Preliminary Engineering • Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative; • Prepare preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents • Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Permits • Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage • Assist the City in answering bidders' questions, attend pre-bid conferences, and job walks,prepare addendums, and analyze bids. Construction Stage • Attend pre-construction conferences; • Monitor construction schedule, visit construction sites as required for progress and quality of evaluation; • Assist the engineer, contractor, construction manager/contract administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders; • Prepare"as-built"drawings. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-16078/373927 12 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 25-16078/373927 13 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. 25-16078/373927 14 ;''1111 ENVIRONMENTAL 2025 inron al FpeSS hec ule ; PERSONNEL CHARGES Vehicles Usage The charge for all time required for the performance of Vehicles used on project assignments will the Scope of Work, including office, field and travel be charged at $125 per day. Mileage is time, will be billed at the hourly rate according to the billed at the current rate established by labor classifications set forth below: the Internal Revenue Service. Per Diem is Labor Classification Hourly Rate billed at a unit cost of$95 per day. Staff Engineer/Geologist/Scientist(SP1) $125 Field Equipment Sr Staff Engineer/Geologist/Scientist (SP2) $140 Field Equipment is billed at standard unit costs. Rate schedules are available upon Project Engineer/Geologist/Scientist- I (PP1) $180 request. Project Engineer/Geologist/Scientist-II (PP2) $195 Subcontractors and Reimbursable Sr Project Engineer/Geologist/Scientist- I (PP3) $230 Expenses Sr Project Engineer/Geologist/Scientist- II (PP4) $250 The costs of subcontractors, materials, Principal Engineer/Geologist/Scientist (P1) $320 equipment rental and costs incurred will Environmental Compliance Specialist(SP1) $185 be charged at cost plus 15%. Environmental Compliance Manager(PP1) $225 Sr Environmental Compliance Manager(PP3) $250 Other Project Charges Project Assistant (AP1) $95 The cost of additional report reproduction Technician (T) $105 and special project accounting will be Drafter(SP1) $140 billed as appropriate. Plotting plans are Technical Editor(SP1) $95 charged by size, black and white or color, Sr Technician (SP1) $120 and by the number of copies supplied. GIS Analyst(GP1) $150 GIS, IT Supervisor(GP2) $175 Shipping and Postage Construction Field Supervisor(CPI) $130 Shipping charges include couriers and the Sr Construction Manager(CP2) $175 postage necessary will be charged at cost plus markup. (SPx)-staff professional; (PPx)-project professional; (Px)-principal; (APx)-administrative professional; Interest Charges (T)-technician; (GPx)-graphics professional Interest on late payments will be charged (CSx)-construction professional at the rate of 1.5% per month. x-billing rate level Payment Terms Emergency response and client requested work during Net 30 days apply to all Work performed non-standard business hours will be charged at a rate and invoiced unless superseded by a of 1.25 times the standard hourly rate. specific executed contract. When EEC Staff appear as expert witnesses at court trials, mediation,arbitration hearings and depositions,their time will be charged at 2.0 times the standard rate.All time spent preparing for such trials, hearings,and depositions,will be charged at the standard hourly rate. EEC Proposal for Environmental Engineering Services,City of Huntington Beach January 17,2025 ® DATE(MM!DDIYYYY) AC� CERTIFICATE OF LIABILITY INSURANCE 4/3/2025 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(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; Jennifer Barton GMGS Risk Management& Insurance Services plc No.ExU; 949-559-3394 FAX Not: 949-559-6703 6201 Oak Canyon, Suite 100 E-MAIL Irvine, CA 92618 ADDRESS: lenniferb@gmgs.com INSURER(S)AFFORDING COVERAGE NAIC Il www.gmgs.com 0884519 _ INSURER A: Great Divide Insurance Company 25224 INSURED INSURER B: Key Risk Insurance Company 10885 EEC Environmental INSURERC: Nautilus Insurance Company 17370 dba: Environmental Engineering&Contracting, Inc. One City Boulevard West, Suite 1800 INSURER D: Insurance Company of the West 27847 Orange CA 92868 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 84697161 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 AOOL SUER POLICY EFF POLICY EXP LT TYPE OF INSURANCE LIMITS LTR INSD NND POLICY NUMBER (MMlODNYYYI (MMIDDIYYYYI A ✓ COMMERCIAL GENERAL LIABILITY GLP2006942-21 10/31/2023 5/24/2025 EACH OCCURRENCE 55,000,000 __- DAMAGE TO RENTED $300,000 CLAIMS-MADE ,7 OCCUR PREMISES(Ea occurrorgo)_-_ MED EXP(Any one person) $25,000 PERSONAL 8 ADV INJURY S 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY!✓ I jEC7 r 7 LOC PRODUCTS-COMP/OP AGG S 5,000,000 OTHER B AUTOMOBILE LIABILITY BAP2043661-10 5/24/2024 5/24/2025 EOAaBcINdOD SINGLE LIMIT S 1,000,000 ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per actidenl) S AUTOS ONLY ✓ AUTOS HIRED NON-OWNED PROPERTY DAMAGE ✓ AUTOS ONLY ✓ AUTOS ONLY Ap_er acddent0 S UMBRELLA LIAB OCCUR EACH OCCURRENCE S __ EXCESS LIAB —_CLAIMS-MADE AGGREGATE S OED RETENTION 5 S D WORKERS COMPENSATION WSD 5066761 02 5/24/2024 5/24/2025 ,,, STATUTE EORH AND EMPLOYERS'LIABILITY Y OFF ROPR AIBEREARTNE EXECUTIVE YN NIA E.L.EACH ACCIDENT $10000 000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 1,000 40Q II yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT Si,000,000 C Pollution Liability CCP2006941-21 10/31/2023 5/24/2025 Each Poll Occurrence$5,000,000 C Professional Liability CCP2006941-21 10/31/2023 5/24/2025 Each Prof Liab Claim$5,000,000 $10,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is rflOVEO AS TO FORM All operations of the named insured subject to the terms and conditions of the policies. This certificate may be relied upon only if the certificate addendum referred to herein is attached hereto. jay: MICHAEL J.VIGLIOTTA CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION All Operations SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE Grlff Griffith ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 84G97161 124-25 A/G/U/P3/Po11/E60 1 Eacl:XS 1 Jennifer Barton 14/3/2025 7:35:50 AM (PDT) 1 Page 1 of 7 AGENCY CUSTOMER ID: LOC tt: R ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED S.Insurance Services EEC Environmental GMGS Risk Management dba:Environmental Engineering&Contracting,Inc. POLICY NUMBER One City Boulevard West,Suite 1800 Orange CA 92868 • CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability Insurance(03/16) HOLDER:City of Huntington Beach ADDRESS:2000 Main Street Huntington Beach CA 92648 As respects General Liability coverage, The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are added as Additional Insured-State or Governmental Agency Permits or Authorizations per CG20101219 & CG20371219 attached, and this insurance is primary per CG20011219 attached. As respects Automobile Liability coverage, The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are added as Additional Insured per BENVCA060917 attached. • • ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 04697161 124-25 A/C/U/t1/Poll/E60 I Exc1:XS I Jennifer Barton 14/3/2025 7:35:50 Ali (PDT) I Page 2 of 7 POLICY NUMBER: GLP2006942-21 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations The City of Huntington Beach, its officers, elected or appointed officials,employees, agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" "property damage" or "personal and advertising or "property damage" occurring after: injury" caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on work, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured(s) at for the additional insured(s) at the location(s) the location of the covered operations has designated above. been completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted other than another contractor or by law; and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the is required by a contract or agreement, the same project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 84697161 124-25 A/G/U/U/Poll/F.6O I Exc1,XS I Jennifer Nartoo 14/3/2025 7:35:50 M4 (PDT) 1 Page 5 of / C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III— Limits,Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc.,2018 CG 20 1012 19 84691161 124-25 A/G/U/0/Poll/E60 I Excl:XS I Jennifer Barton 14/3/2025 7:35:50 AN (PDT) 1.Page 6 of 7 POLICY NUMBER:GLP2006942-21 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s) Operations The City of Huntington Beach, its officers, elected or appointed officials,employees, agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured is described in the Schedule of this endorsement the amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 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. CG 20 37 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 84697161 124-25 1./C/U/W/Poll/FLO 1 F:xcl:XS I Jennifer Harton 1 4/3/2025 7:35:50 A!4 (P52) 1 Page 7 of 7 EEC Environmental dba:Environmental Engineering&Contracting,Inc. COMMERCIAL GENERAL LIABILITY GLP2006942-21 CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured • under such other insurance; and CG 20 01 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 8469,161 124-25 A/G/U/Y/Poll/E60 I Exc1:X5 Jennifer Barton 14/3/2025 1:35:50 AM (PDT) I Page 3 of 3 • • BAP2043681-10 EEC Environmental BENV CA 06 0917 ENDORSEMENT This endorsement forms a part of the policy to which it Is attached.Please read It carefully. DD T O AL NSU ED:.:.:•:::::;::::::;�.:::_`::.:;::.`::::':.:::.;:.::i�.�;°.;:.�BUSINESSAUTO......A... I..I .N.. ..�.. R........ ....: ::.::.:.:..,.;.:.:;.: ...:.:::.:.:. .:.. : :. .... . .: . .:: This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section iI-Liability Coverage A.-Coverage,1.Who is an Insured,is amended to add: d. Any person or organization to whom you become obligated to include as an additional insured under this policy,as a result of any contract or agreement you enter into,excluding contracts or agreements for professional services,which requires you to furnish Insurance to that person or organization of the type provided by this policy,but only with respect to liability arising out of your operations or premises owned by or rented to you.However,the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy;or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. BENV CA 06 0917 Page 1 of 1 88692662 124-28 A/8/U/0/8421840004LE4cDa55 Red§3e9EQr183t94.2824/10209649:E8:390Eyt 01385e112ag6 Hof 7 _ o.;. CITY OF - -. ,-;;••,.,:`v HUNTINGTON BEACH ' s6�COUl- F�pa�� Lisa Lane Barnes I City Clerk ry i�� ,® April 23, 2025 EEC Environmental Attn: Bina Patel 1 City Boulevard West, Suite 1800 Orange, CA 92868 Dear Ms. Patel: Enclosed for your records is a duplicate original of the Service Agreement between the City of Huntington Beach and EEC Environmental for On-Call Environmental Engineering Services. Sincerely, Of14;fuletottAK/AK Lisa Lane Barnes City Clerk LLB:ds Enclosure Office: (714)536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov