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HomeMy WebLinkAboutCalifornia Waters Development, Inc. - 2025-10-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CALIFORNIA WATERS DEVELOPMENT,INC. FOR WEEKLY FOUNTAIN SERVICE AT CENTRAL LIBRARY 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 CALIFORNIA WATERS DEVELOPMENT, INC., hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of fountain cleaning 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 Rheanna Connor, 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. 25-17024/389230 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) 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 October 1, 2025, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate one (1) year from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 25-17024/389230 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, 25-17024/389230 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. 25-17024/389230 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. 25-17024/389230 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 California Waters Development, Inc. Attn: Director of Community & Library Svs. Attn: Rheanna Connor 2000 Main Street 23311 E. La Palma Avenue Huntington Beach, CA 92648 Yorba Linda, CA 92887 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. 25-17024/389230 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; 25-17024/389230 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. 25-17024/389230 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25-17024/389230 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 CALIFORNIA WATERS DEVELOPMENT, municipal corporation of the State of INC. California By: Mayor Mark Pitman Print name ITS: (circle one) ChairmanarresidenD Vice President City Clerk AND By: Mark Pitman INITIATED AND APPROVED: Print name ITS: (circle one) Secretary ief Financia Officer/Asst. Secretary-Treasurer Director of Community & Library Services APPROVED AS TO FORM: r.,,k,,,- fro- City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 25-17024/389230 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 CALIFORNIA WATERS DEVELOPMENT, municipal corporation of the State of INC. California By: G4 Mayor Print name ITS: (circle one) Chairman/President/ Vice President City Clerk AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer irec or of unity & Library Services APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Mana er COUNTERPART 25-17024/389230 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide Weekly Fountain Service for Central Library B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Maintenance Schedule—5 Fountains total: 3 Cascading (1 area) and 2 Large Pools (1 area) • Full-Service Days: 2xweekly • Minimum Service Days: Inclement weather (high winds, rain) • No Service Days: Major holidays, severe storms, fires, poor air quality Cleaning Maintenance (As Applicable) • Remove visible floating debris and litter from basins (excluding submerged debris beyond wading depth) • Brush and clean waterlines, walls, and basin floors • Clean and adjust sprayer jet nozzles and valves as needed • Perform vacuuming as necessary (maximum once per month for outdoor fountains) • Collect visible coins and provide them to designated personnel Equipment Maintenance (As Applicable) • Inspect pressure gauges, pumps, motors, filters, and exposed plumbing • Backwash filters and clean pump strainer baskets • Check solenoids, coils, control panels, electrical components, and lighting fixtures • Verify water levels, clean auto-fill probes, and check time clocks for accuracy • Maintain vaults and equipment rooms in a clean, safe condition • Water Treatment Maintenance (As Applicable) • Test and adjust sanitizer and pH levels to maintain proper chemical balance Repairs & Incidental Labor: • Prompt notification of equipment malfunctions beyond routine repairs • Written estimates provided upon request for additional repairs or extra work • Incidental labor: $150/hour(two hour minimum) and $150 flat travel fee • Architectural/restoration-level cleanings available upon request • 24/7 Emergency Service: Time-and-a-half billing; double-time on Sundays/holidays • Additional labor for rocky basins, streams, or wall fountains above 8' available upon request • Cleaning of sculptural elements not included in standard service 25-17024/3 8923 0 11 C. CITY'S DUTIES AND RESPONSIBILITIES: • Provide close parking and access at no cost to vendor • Confirm no aquatic life or plants are present (services available upon request) • Consider signage discouraging public contact with the fountains • Encourage janitorial staff to perform interim trash/leaf collection • Confirm the site is not a confined space (confined space services available upon request) D. WORK PROGRAM/PROJECT SCHEDULE: 25-17024/389230 12 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. Monthly Service Fee: $4,100 Chemicals: Billed monthly separately at cost+ 15%, as used 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. 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. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations, and other documentation prepared by CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific requirements for satisfactory completion. 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. 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. 25-17024/389230 13 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. All extra work or additional services will be in accordance with the extra work or additional services and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. 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. 25-17024/389230 14 iriLk----J ODDATE( M/DD/YYYY) A`f a' CERTIFICATE OF LIABILITY INSURANCE 9r8/2025 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 lean 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: Annette Romero Acrisure Southwest Partners Insurance Services,LLC INC. EXt): 949 486-7904 FAXX,Nol: 611 Anton Blvd.,Suite#1400 EMAIL Costa Mesa,CA 92626 ADDRESS: eromero(alacrisure.com INSURER(S)AFFORDING COVERAGE NA1C(! www:patrisk.corll 0K07568 INSURER A: Accelerant Specialty Insurance Company 16890 INSURED INSURER B: BITCO General Insurance Corporation '20095 California Waters LLC INSURER Lloyd's Insurance.Company of S.A. California Waters Development, Inc. 23311 E.La Palma Avenue INSURER 0: State National Insurance Company,Inc. 12831 Yorba Linda CA 92887 INSURER E: Underwriters at Lloyd's London 15792 INSURER F: COVERAGES CERTIFICATE NUMBER: 87067757 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 SUER POLICY NUMBER (MMIDO/YYYYI (MMIDDIYYYYI LIMITS A / COMMERCIAL GENERAL LIABILITY ✓ DACP000043901 7/31/2025 7/31/2026 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE ✓ OCCUR• PREMISES(Ea occurrence) $100,000 ✓ Ded$10,000.131&PD Combined MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY S 1,000,000 •GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 A POLICY ✓ Er: LOC DACP000043901 7/31/2025 7/31/2026 PRODUCTS-COMP/OP AGG S2,000,000 ✓ OTHER:POLLUTION LIABILITY Limit:$1,000,000 S2,000,000 AGG B AUTOMOBILE LIABILITY CAP3761151 7/31/2025 7/31/2026 FEQAME DISINGLELIMIT S1,000,obb ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED —SCHEDULED BODILY INJURY(Per accident) $ HIRED'AUTOS ONLY _ AUTOS PROPERTY $✓,.AUTOS ONLY ✓ AUTOSONLY (Per ccddn S f A UMBRELLA LIAB ,/ OCCUR DACPX0000058-01 7/31/2025 7/31/2026 'EACH OCCURRENCE s5,000,000 ✓ EXCESS LIAB CLAIMS-MADE AGGREGATE S 5,000,060 DED RETENTION$ $ B WORKERS COMPENSATION WC3761152 7/31/2025 7/31/2026 v SEA UTE OTH- ER AND EMPLOYERS'LIABILITY OAF',CER/ME r EREXCLUDCEXECUTIVE IYN N!A E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 51.000.000 DESCRIPTION OF OPERATIONS below EL,DISEASE-POLICY LIMIT $1,000,000 C Professional Liability ANE520808125 7/31/2025 7/31/2026 Ea Occ:$2,000,000/Ded$10,000 Ea Claim D Cyber Liability EHJAD001449363 7/31/2025 7/31/2026 Aggregate.Limit:$1,006,000/Ret.$5,000 E Sexual Abuse&Molestation Liability_ B0621 PCAL1012425 •3/26/2025 7/31/2026 Per Claim$1,000,000/Agg$2,000,000 SEE ADDENUM FOR LSD-EQPT COV DESCRIPTION OF OPERATIONS,/LOCATIONS/VEHICLES(ACORD 101,-Addltlonal Remarks Schedule,may be attached I(more space Is required) Re:Central Library Fountain Maintenance City of Huntington Beach,its officers,elected or appointed'officials;employees,agents and volunteers ktgREQr MagtiTriialTrO s as respects to General Liability,coverage includes Primary and Non-contributory per endorsements attached as required by written contract.•30-Day notice of cancellation/10-days for non-payment of premium. By: MICHAEL J.VIGLIOTTA CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY Or IIUNTINCTON,BEACH 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 / j� ,' I Dave Jacobson v '©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name'and logo are.registered marks of ACORD 67067757 125/26 GL/AU/UN8/EC/PROF/POLL/LSD/SXL MOL I Annette Romero 19/6/2025 11:45:25 Ala (PDT) I Page 1 of 6 This certificate cancels and supersedes ALL'previously issued certificates. • AGENCY CUSTOMER ID: LOC#: AC ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Acrlsure Southwest Partners Insurance Services,LLC California Waters LLC California Waters Development,Inc. POLICY NUMBER 23311 E.La Palma Avenue Yorba Linda CA 92887 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 LEASED/RENTED EQUIPMENT CARRIER: OHIO SECURITY INSURANCE COMPANY POLICY TERM: 07/31/2025 — 07/31/2026 POLICY NUMBER: BKS66176623 LIMIT: $250,000 / DEDUCTIBLE $500 ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 67067757 125/26 GL/AU/U14B/4:C/PROF/POLL/LSD/SXL F:OL I Annette Ro:aero 19/8/2025 11:45:25 AM (PDT) I Page 2 of 6 This certificate cancels and supersedes ALL previously issued certificates. California Waters LLC California Waters DevelopMent, Inc. POLICY NIJMBFR''DACP000043901 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 Persons) Or Organizatlon(e) Locations)Of Covered Operations City of HuntingtonBeach,.its officers elected or appointed officials,employees,agents arid volunteers' 1 Information required to complete this Schedule,If not shown above,will be shown.In the D.eclarattons. 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 organizations) shown In the Schedule, but only exclusions amity: with respect to liability for"bodily Injury","property This Insurance does not•apply to"bodily Injury"or damage" or "personal and advertising injury" "property.damage"occurring after: caused,In whole or In part,by: 1. Ail work, including materials, parts or 1. Your-acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of"those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance Of your ongoing operations for on behalf of the.additional Insured(a) at'the . the additional Insured(i) at the locations) location of the covered operations has been designated above. 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 by other than another contractor or subcontractor law;and engaged in performing operations far a 2. if coverage provided to the additional insured Is principal as a part of the same.project. 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 2010 0413 CO Insurance Services Office,Inc,.2012 Page 1 of 2 87098873 1 .25/26 GL/Au/utm/tic/PROF/POLL/Lso158E t.OL I Annette Romero 1 9/10/2025 1:10:18 PM ROT) 1 Page 9 of 6 This.'certificate cancels and supersedes ALL previously issued.certificates. C. With respect to the Insurance afforded to these 2. Available under the applicable Limits of additional Insureds, the following is added to Insurance shown In the Declarations; 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 we applicable Limits of Insurance shown In the will pay on behalf of the additional Insured Is the Declarations. amount of Insurance: 1. Required by the contract or agreement;or Page 2 of 2 m insurance Services Office,Inc.,2012 CG 2010 0413 87098873 125/26 GL/AU/U103/WC/PROF/POLL/LSD/SXL 1?OL I Annette Romero 1 9/10/2025 1:10:18 911 (PDT) I Page 5 of 6 This certificate cancels and supersedes ALL previously issued certificates. DACP000(143001. California Waters LLC California Waters Development,Inc. COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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 Persons) Or OrganIsation(s) Location And Description Of Completed Operations 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(e)or additional insureds, the following is added to orgenization(s)shown in the Schedule, but only Section III-Limits Of insurance: with respect. to liability for "bodily injury" or If coverage provided to the additional Insured is property damage caused,in whole or in part,by required by a contract or agreement, the most we "your work at the Ideation designated and will pay on behalf of the additional Insured is the described in the Schedule of this endorsement amount of Insurance: performed for uthat additional insured and 1. Required bythe contract or a reement;or Included in the "products-completed operations g hazard". 2. Available under the :applicable Limits of However: Insurance shown In the Declarations; 1. The Insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law;and Limits of Insurance shown in the Declarations. • 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 0413 m Insurance Services Office, inc.,2012 Page 1 of 1 87098873' 125/26:GL/AU/UMa/FC/PROF/POLL/LSD/SXL GOL I Annette Romero 19/10/2025 1:10:18 PM (PDT) I Page 3 of 6 This certificate cancels and supersedes ALL previously issued certificates. • California Waters LLC California Waters Development,Inc: DACP000043901 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE NAMED PERSON OR ORGANIZATION This endorsement modifies'insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY—If required by written contract or agreement,effective prior to the date your operations for that person or organization commenced and named below,such insurance as is afforded by this policy to any additional insureds under this policy shall be:.primary,.insurance,and any insurance or self-insurance maintained by such additional insureds)shall not contribute`to the insurance afforded to the named insured.. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations,but only at the specific.written request by that person or organization to you,and only if: :a. That request is made prior to the date'your operations•for that person or organization commenced;and b. A Certificate of Insurance,evidencing that request has been issued by your authorized insurance agent or broker;or 2. A contractor on whose behalf you are performing operations,but only at the specific written request by that person or organization to you,and only if: a. That request is made prior to the date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been Issued by your authorized • insurance agent or broker. • DACP 02 09 11 23 Includes copyrighted material of Insurance.Services Office,Inc. • Page 1 of 1 with its permission 81096873 125/26 GL/AU/ULB/NC/PROF/POLL/L5D/5XL KOL I Annette Romero 19/10/2025 10:18 PM (PDT) I Page 6 of 6 This certificate cancels and supersedes ALL previously issued certificates.:1