HomeMy WebLinkAboutAGMT - CASC Engineering and Consulting Inc (Biological Resource Services for Beverly Manor Well & Booster Pump StationErd
PROFESSIONAL SERVICES AGREEMENT
for
Biological Resource Services for Beverly Manor Well &
Booster Pump Station
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0
CASC Engineering and Consulting, Inc.
1470 E. Cooley Drive
Colton, CA 92324
(909) 783-0101
This Professional Service Agreement ("the Agreement') is made as of January 2, 2023
(the "Effective Date"), by and between CASC Engineering and Consulting, Inc.
("Consultant"), a California corporation, and the City of Seal Beach ("City"), a California
charter city, (collectively, "the Parties").
RECITALS
A. City desires certain professional biological resource services
B. Pursuant to the authority provided by its City Charter and Seal Beach
Municipal Code § 3.20.025(C), City desires to retain Consultant as an
independent contractor to provide biological resource services for Beverly
Manor Well & Booster Pump Station.
C. Consultant represents that the principal members of its firm are
qualified professionals and are fully qualified to perform the professional
services contemplated by this Agreement by virtue of its experience, and the
training, education and expertise of its principals and employees.
D. City desires to retain Consultant as an independent contractor and
Consultant desires to serve City to perform those services in accordance with
the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree
as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services (collectively "Services") set
forth in the Scope of Services attached hereto as Exhibit A and incorporated
herein by this reference. To the extent that there is any conflict between Exhibit A
and this Agreement, this Agreement shall control.
1.2. Consultant shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
1.4. As a material inducement to City to enter into this Agreement,
Consultant hereby represents that it has the experience necessary to undertake
the Services to be provided. In light of such status and experience, Consultant
hereby covenants that it shall follow the customary professional standards in
performing all Services. The City relies upon the skill of Consultant, and
Consultant's staff, if any, to do and perform the Services in a skillful, competent,
and professional manner, and Consultant and Consultant's staff, shall perform
the Services in such manner. Consultant shall, at all times, meet or exceed any
and all applicable professional standards of care. The acceptance of Consultant's
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work by the City shall not operate as a release of Consultant from such standard
of care and workmanship.
1.5. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in
advance and in writing. The City Manager may authorize extra work to fund
unforeseen conditions up to the amount approved at the time of award by the
City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
2.0 Term
2.1. The term of this Agreement shall commence on January 2, 2023,
and shall remain in full force and effect until December 31, 2023, unless sooner
terminated as provided in Section 5.0 of this Agreement.
3.0 Consultant's Compensation
3.1. City will pay Consultant in accordance with the hourly rates shown
on the fee schedule set forth in Exhibit A for the Services but in no event will the
City pay more than the total not -to -exceed amount of $7,150.00 (Seven
Thousand One Hundred Fifty dollars and 00/100) for the Term.
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all Services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the Services were rendered and shall
describe in detail the Services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the Services performed
for each day in the period. City will pay Consultant within 30 days of receiving
Consultant's invoice. City will not withhold any applicable federal or state payroll
and other required taxes, or other authorized deductions from payments made to
Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Consultant in connection with this Agreement. City's rights
under this Section 4.2 shall survive for three (3) years following the termination of
this Agreement.
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5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Kim Boydstun is the Consultant's primary representative for
purposes of this Agreement. Kim Boydstun shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient
time to personally supervise the Services hereunder. Consultant may not change
its representative without the prior written approval of City, which approval shall
not be unreasonably withheld.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City: City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: CASC Engineering and Consulting, Inc.
1470 E. Cooley Drive
Colton, CA 92324
Richard J. Sidor
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Permits and Licenses
Consultant and all of Consultant's employees and other personnel shall obtain
and maintain during the Agreement term all necessary licenses, permits and
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certificates required by law for the provision of the Services under this
Agreement, including a business license as required by the Seal Beach
Municipal Code.
9.0 Independent Contractor
9.1. Consultant is an independent contractor and not an employee of
the City. All work or other Services provided pursuant to this Agreement shall be
performed by Consultant or by Consultant's employees or other personnel under
Consultant's supervision. Consultant will, determine the means, methods, and
details by which Consultant's employees and other personnel will perform the
Services. Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and
compliance with the customary professional standards.
9.2. All of Consultant's employees and other personnel performing any
of the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction
and control. Consultant and Consultant's personnel shall not supervise any of
City's employees; and City's employees shall not supervise Consultant's
personnel. Consultant's personnel shall not wear or display any City uniform,
badge, identification number, or other information identifying such individual as
an employee of City; and Consultant's personnel shall not use any City e-mail
address or City telephone number in the performance of any of the Services
under this Agreement. Consultant shall acquire and maintain at its sole cost and
expense such vehicles, equipment and supplies as Consultant's personnel
require to perform any of the Services required by this Agreement. Consultant
shall perform all Services off of City premises at locations of Consultant's choice,
except (1) as otherwise required for the performance of Services on City real
property, vehicles or equipment; (2) as otherwise may from time to time be
necessary in order for Consultant's personnel to receive projects from City,
review plans on file at City, pick up or deliver any work product related to
Consultant's performance of any Services under this Agreement, or (3) as may
be necessary to inspect or visit City locations and/or private property to perform
such Services. City may make a computer available to Consultant from time to
time for Consultant's personnel to obtain information about or to check on the
status of projects pertaining to the Services under this Agreement.
9.3. Consultant shall be responsible for and pay all wages, salaries,
benefits and other amounts due to Consultant's personnel in connection with
their performance of any Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: Social Security taxes, other
retirement or pension benefits, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance. Notwithstanding any
other agency, State, or federal policy, rule, regulation, statute or ordinance to the
contrary, Consultant and any of its officers, employees, agents, and
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subcontractors providing any of the Services under this Agreement shall not
become entitled to, and hereby waive any claims to, any wages, salaries,
compensation, benefit or any incident of employment by City, including but not
limited to, eligibility to enroll in, or reinstate to membership in, the California
Public Employees Retirement System ("PERS") as an employee of City, and
entitlement to any contribution to be paid by City for employer contributions or
employee contributions for PERS benefits.
9.4. Consultant shall indemnify and hold harmless City and its elected
and appointed officials, officers, employees, servants, designated volunteers,
and agents serving as independent contractors in the role of City officials, from
any and all liability, damages, claims, costs and expenses of any nature to the
extent arising from, caused by, or relating to Consultant's personnel practices. or
to the extent arising from, caused by or relating to the violation of any of the
provisions of this Section 9.0. In addition to all other remedies available under
law, City shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to City from Consultant as a
result of Consultant's failure to promptly pay to City any reimbursement or
indemnification arising under this Section. This duty of indemnification is in
addition to Consultant's duty to defend, indemnify and hold harmless as set forth
in any other provision of this Agreement. Consultant's indemnifications and
obligations under this Section shall survive the expiration or termination of this
Agreement.
10.0 PERS Compliance and Indemnification
10.1. General Requirements. The Parties acknowledge that City is a local
agency member of PERS, and as such has certain pension reporting and
contribution obligations to PERS on behalf of qualifying employees. Consultant
agrees that, in providing its employees and any other personnel to City to
perform any work or other Services under this Agreement, Consultant shall
assure compliance with the Public Employees' Retirement Law ("PERE"),
commencing at Government Code § 20000, as amended by the Public
Employees' Pension Reform Act of 2013 ("PEPRA" ),. and the regulations of
PERS. Without limitation to the foregoing, Consultant shall assure compliance
with regard to personnel who have active or inactive membership in PERS and to
those who are retired annuitants and in performing this Agreement shall not
assign or utilize any of its personnel in a manner that will cause City to be in
violation of the PERL, PEPRA or any other applicable retirement laws and
regulations.
10.2. Indemnification. Consultant shall defend (with legal counsel
approved by City, whose approval shall not be unreasonably withheld), indemnify
and hold harmless City, and its City and its elected and appointed officials,
officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of City officials, from any and all liability,
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damages, claims, costs and expenses of any nature to the extent arising from,
caused by, or relating to Consultant's violation of any provisions of this Section
10.0. This duty of indemnification is in addition to Consultant's duty to defend,
indemnify and hold harmless as set forth in any other provision of this
Agreement. Consultant's indemnification and obligations under this Section shall
survive the expiration or termination of this Agreement.
11.0 Confidentiality
11.1. Consultant covenants that all data, reports, documents, surveys,
studies, drawings, plans, maps, models, photographs, images, video files, media,
discussion, or other information (collectively "Data & Documents") developed or
received by Consultant or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by Consultant without prior
written authorization by City. City shall grant such authorization if applicable law
requires disclosure. Consultant, its officers, employees, agents, or
subcontractors shall not without written authorization from the City Manager or
unless requested in writing by the City Attorney, voluntarily provide declarations,
letters of support, testimony at depositions, response to interrogatories or other
information concerning the Services performed under this Agreement or relating
to any project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary," provided Consultant gives City
notice of such court order or subpoena.
11.2. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request
for admissions or other discovery request, court order or subpoena from any
party regarding this Agreement and the work performed thereunder or with
respect to any project or property located within the City. City may, but has no
obligation to, represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with City and to provide
City with the opportunity to review any response to discovery requests provided
by Consultant. However, City's right to review any such response does not imply
or mean the right by City to control, direct or rewrite the response.
11.3. Consultant's covenants under this Section shall survive the
termination or expiration of this Agreement.
12.0 Ownership of Documents and Work Product
12.1. All Data & Documents shall be and remain the property of City
without restriction or limitation upon its use, duplication or dissemination by City.
All Data & Documents shall be considered "works made for hire," and all Data &
Documents and any and all intellectual property rights arising from their creation,
including, but not limited to, all copyrights and other proprietary rights, shall be
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and remain the property of City without restriction or limitation upon their use,
duplication or dissemination by City. Consultant shall not obtain or attempt to
obtain copyright protection as to any Data & Documents.
12.2. Consultant hereby assigns to City all ownership and any and all
intellectual property rights to the Data & Documents that are not otherwise vested
in City pursuant to the paragraph directly above this one.
12.3. Consultant warrants and represents that it has secured all
necessary licenses, consents or approvals to use any instrumentality, thing or
component as to which any intellectual property right exists, including computer
software, used in the rendering of the Services and the production of all Written
Products produced under this Agreement, and that City has full legal title to and
the right to reproduce the Data & Documents. Consultant shall defend, indemnify
and hold City, and its elected and appointed officials, officers, employees,
servants, attorneys, designated volunteers, and agents serving as independent
contractors in the role of City officials, harmless from any loss, claim or liability in
any way related to a claim that City's use of any of the Data & Documents is
violating federal, state or local laws, or any contractual provisions, or any laws
relating to trade names, licenses, franchises, copyrights, patents or other means
of protecting intellectual property rights and/or interests in products or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted,
trade secret or trademarked documents, materials, equipment, devices or
processes in connection with its provision of the Services and Data & Documents
produced under this Agreement. In the event the use of any of the Written
Products or other deliverables hereunder by City is held to constitute an
infringement and the use of any of the same is enjoined, Consultant, at its
expense, shall: (1) secure for City the right to continue using the Data &
Documents and other deliverables by suspension of any injunction, or by
procuring a license or licenses for City; or (2) modify the Data & Documents and
other deliverables so that they become non -infringing while remaining in
compliance with the requirements of this Agreement. These covenants shall
survive the expiration and/or termination of this Agreement.
12.4. Upon expiration or termination of the Agreement, Consultant shall
deliver to City all Data & Documents and other deliverables related to any
Services performed pursuant to this Agreement without additional cost or
expense to City. If Consultant prepares a document on a computer, Consultant
shall provide City with said document both in a printed format and in an electronic
format that is acceptable to City.
13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the City. Consultant is fully responsible to City for the performance
of any and all subcontractors.
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14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under
this Agreement, either in whole or in part, without City's prior written consent. Any
purported assignment or delegation in violation of this Section shall be void and
without effect, and shall entitle City to terminate this Agreement. As used in this
Section, "assignment' and "delegation" means any sale, gift, pledge,
hypothecation, encumbrance or other transfer of all or any portion of the rights,
obligations, or liabilities in or arising from this Agreement to any person or entity,
whether by operation of law or otherwise, and regardless of the legal form of the
transaction in which the attempted transfer occurs.
15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all
Services and other matters covered under this Agreement, including but
expressly not limited to, all Services performed, salaries, wages, invoices, time
cards, cost control sheets, costs, expenses, receipts and other records with
respect to this Agreement. Consultant shall maintain adequate records on the
Services provided in sufficient detail to permit an evaluation of all Services in
connection therewith. Ali such records shall be clearly identified and readily
accessible. At all times during regular business hours, Consultant shall provide
City with free access to such records, and the right to examine and audit the
same and to make copies and transcripts as City deems necessary, and shall
allow inspection of all program data, information, documents, proceedings and
activities and all other matters related to the performance of the Services under
this Agreement. Consultant shall retain all financial and program service
records and all other records related to the Services and performance of this
Agreement for at least three (3) years after expiration, termination or final
payment under this Agreement, whichever occurs later. City's rights under this
Section 15.0 shall survive for three (3) years after expiration, termination or
final payment under this Agreement, whichever occurs later.
16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner
as to provide safety to the public and to meet or exceed the safety standards
outlined by CAL OSHA and other applicable state and federal laws. City may
issue restraint or cease and desist orders to Consultant when unsafe or harmful
acts are observed or reported relative to the performance of the Services.
Consultant shall maintain the work sites free of hazards to persons and property
resulting from its operations. Consultant shall immediately report to the City any
hazardous condition noted by Contractor.
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17.0 Insurance
17.1. General Requirements. Consultant shall not commence work under
this Agreement until it has provided evidence satisfactory to the City that
Consultant has secured all insurance required under this Section.
17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its
sole cost and expense, procure, maintain and keep in full force and effect for
the duration of the Agreement, insurance against claims for injuries to persons
or damages to property that may arise from or in connection with the
performance of this Agreement, as follows:
17.2.1. Commercial General Liability Insurance: Consultant shall
maintain limits no less than $2,000,000 per occurrence for bodily injury, personal
injury and property damage; and if Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this Agreement/location or the general aggregate
limit shall be twice the required occurrence limit: Coverage shall be at least as
broad as the latest version of Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001). If Consultant is a limited liability
company, the commercial general liability coverage shall be amended so that
Consultant and its managers, affiliates, employees, agents and other persons
necessary or incidental to its operation are insureds;
17.2.2. Automobile Liability Insurance: Consultant shall maintain
limits no less than $1,000,000 per accident for bodily injury and property
damage. Coverage shall be at least as broad as Automobile Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any
auto);
17.2.3. Workers' Compensation Insurance in the amount required
by law; and Employer's Liability: $1,000,000 per accident and in the aggregate
for bodily injury or disease;
17.2.4. Professional Liability (or Errors and Omissions) Liability,
with minimum limits of $1,000,000 per claim/aggregate. If a "claims made" policy
is provided, then the policy shall be endorsed to provide an extended reporting
period of not less than three years.
17.3. Acceptability of Insurers. The Insurance policies required under this
Section shall be placed with insurers with a current A.M. Best's rating no less
than A:VIII, licensed to do business in California, and satisfactory to the City.
17.4. Additional Insured.
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17.4.1. For general liability insurance, City, its elected and
appointed officials, officers, employees, agents, designated volunteers and those
City agents acting as independent contractors in the role of City officials shall be
covered as additional insureds with respect to the services or operations
performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work.
17.4.2. For automobile liability, City, its elected and appointed
officials, officers, employees, agents, designated volunteers and those City
agents serving as independent contractors in the role of City officials, shall be
covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible.
17.4.3. These additional insured provisions shall also apply to any
excess/umbrella liability policies.
17.5. Cancellations or Modifications to Coverage. The insurance
policies shall contain the following provisions, or Consultant shall provide
endorsements on forms supplied or approved by City to state: (1) coverage
shall not be suspended, voided, reduced or canceled except after 30 days prior
written notice by certified mail, return receipt requested, has been given to City;
(2) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to City, its
elected and appointed officials, officers, employees, agents, designated
volunteers, and those City agents serving as independent contractors in the
role of City officials;
17.6. Primary and Non -Contributing. Coverage shall be primary
insurance as respects the City, its elected and appointed officials, officers,
employees, agents, designated volunteers designated volunteers and agents
serving as independent contractors in the role of City officials, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage and that any insurance or self-insurance maintained by the
City, its elected and appointed officials, officers, employees, agents. designated
volunteers designated volunteers and agents serving as independent
contractors in the role of City officials, shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it;
17.7. Separation of Insureds. All insurance required by this Section shall
contain standard separation of insureds provisions and shall not contain any
special limitations on the scope of protection afforded to City, its elected and
appointed officials, officers, employees, agents, designated volunteers and those
City agents serving as independent contractors in the role of City officials.
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17.8. Deductibles and Self -Insured Retentions. Any deductibles or self-
insured retentions shall be declared to and approved by City. Consultant
guarantees that, at the option of City, either: (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects City, its elected
and appointed officials, officers, employees, agents, designated volunteers and
those City agents serving as independent contractors in the role of City officials;
or (2) Consultant shall procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.
17.9. Waiver of Subrogation. Each insurance policy required by this
Agreement shall expressly waive the insurer's right of subrogation against City
and its elected and appointed officials, officers, employees, agents, designated
volunteers and those City agents serving as independent contractors in the role
of City officials. Consultant hereby waives all rights of subrogation against City.
17.10. City Remedy for Noncompliance. If Consultant does not maintain
the policies of insurance required under this Section in full force and effect during
the term of this Agreement, or in the event any of Consultant's policies do not
comply with the requirements under this Section, City may either immediately
terminate this Agreement or, if insurance is available at a reasonable cost, City
may, but has no duty to, take out the necessary insurance and pay, at
Consultant's expense, the premium thereon. Consultant shall promptly reimburse
City for any premium paid by City or City may withhold amounts sufficient to pay
the premiums from payments due to Consultant.
17.11. Evidence .of Insurance. Prior to the performance of Services under
this Agreement, Consultant shall furnish City with original certificates of
insurance and all original endorsements evidencing and effecting the coverages
required under this Section on forms satisfactory to and approved by City. The
certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by City if requested. Consultant may provide complete, certified
copies of all required insurance policies to City. Consultant shall maintain current
endorsements on file with City's Risk Manager. All certificates and endorsements
shall be received and approved by the City before work commences. City
reserves the right to require complete, certified copies of all required insurance
policies, at any time. Consultant shall also provide proof to City that insurance
policies expiring during the term of this Agreement have been renewed or
replaced with other policies providing at least the same coverage. Consultant
shall furnish such proof at least two weeks prior to the expiration of the
coverages.
17.12. Indemnity Requirements Not Limiting. Procurement of insurance by
Consultant shall not be construed as a limitation of Consultant's liability or as full
performance of Consultant's duty to indemnify City under Section 18.0.
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17.13. Broader Coverage/Higher Limits. If Consultant maintains broader
coverage and/or higher limits than the minimums required above, City requires
and shall be entitled to the broader coverage and/or the higher limits maintained
by Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
17.14. Subcontractor Insurance Requirements. Consultant shall require
each of its subcontractors that perform Services under this Agreement to
maintain insurance coverage that meets all of the requirements of this Section.
18.0 Indemnification, Hold Harmless, and Duty to Defend
18.1. Indemnity for Design Professional Services. To the fullest extent
permitted by law, Consultant shall, at its sole cost and expense, protect,
indemnify and hold harmless City and its elected and appointed officials, officers,
attorneys, agents, employees, designated volunteers, successors, assigns and
those City agents serving as independent contractors in the role of City officials
(collectively "Indemnitees" in this Section 18.0), from and against any and all
damages, costs, expenses, liabilities, claims, demands, causes of action,
proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of
any nature whatsoever, including but not limited to fees of attorneys, accountants
and other professionals and all costs associated therewith, and reimbursement of
attorneys' fees and costs of defense (collectively "Claims"), in law or in equity,
whether actual, alleged or threatened, which arise out of, pertain to, or relate to,
in whole or in part, the negligence, recklessness or willful misconduct of
Consultant, its officers, directors, agents, servants, employees, subcontractors,
contractors or their officers, directors, agents, servants or employees (or any
entity or individual that Consultant shall bear the legal liability thereof) in the
performance of design professional services under this Agreement by a "design
professional," as the term is defined under California Civil Code § 2782.8(c).
Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no
event shall the cost to defend the Indemnitees that is charged to Consultant
exceed Consultant's proportionate percentage of fault.
18.2. Other Indemnities.
18.2.1. Other than in' the performance of design professional
services and to the fullest extent permitted by law, Consultant shall, at its sole
cost and expense, protect, defend, hold harmless and indemnify the Indemnitees
from and against any and all damages, costs, expenses, liabilities, claims,
demands, causes of action, proceedings, judgments, penalties, bid protests, stop
notices, liens and losses of any nature whatsoever, including but not limited to
fees of accountants, attorneys and other professionals, and all costs associated
therewith, and the payment of all consequential damages (collectively
"Liabilities"), in law or equity, whether actual, alleged or threatened, which arise
out of, pertain to, or relate to the acts or omissions of Consultant, its officers,
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agents, servants, employees, subcontractors, materialmen, suppliers, or
contractors, or their officers, agents, servants or employees (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance
of this Agreement, including the Indemnitees' active or passive negligence,
except for Liabilities arising from the sole negligence or willful misconduct of the
Indemnitees, as determined by final arbitration or court decision or by the
agreement of the Parties. Consultant shall defend the Indemnitees in any action
or actions filed in connection with any Liabilities with counsel of the Indemnitees'
choice, and shall pay all costs and expenses, including all attorneys' fees and
experts' costs actually incurred in connection with such defense. Consultant shall
reimburse the Indemnitees for any and all legal expenses and costs incurred by
the Indemnitees in connection therewith.
18.2.3. Consultant shall indemnify and hold harmless City in
accordance with Sections 9.0 and 10.0.
18.3. Subcontractor Indemnification. Consultant shall obtain executed
indemnity agreements with provisions identical to those in this Section 18.0 from
each and every subcontractor or any other person or entity involved by, for, with
or on behalf of Consultant in the performance of this Agreement. If Consultant
fails to obtain such indemnities, Consultant shall be fully responsible and
indemnify, .hold harmless and defend the Indemnitees from and against any and
all Claims or Liabilities in law or equity, whether actual, alleged or threatened,
which arise out of, are claimed to arise out of, pertain to, or relate to the acts or
omissions of Consultant's subcontractor, its officers, agents, servants,
employees, subcontractors, materialmen, contractors or their officers, agents,
servants or employees (or any entity or individual that Consultant's subcontractor
shall bear the legal liability thereof) in the performance of this Agreement,
including the Indemnitees' active or passive negligence, except for Claims or
Liabilities arising from the sole negligence or willful misconduct of the
Indemnitees, as determined by final arbitration or court decision or by the
agreement of the Parties.
18.4. Workers' Compensation Acts Not Limiting. Consultant's
indemnification obligations under this Section, or any other provision of this
Agreement, shall not be limited by the provisions of any workers' compensation
act or similar act. Consultant expressly waives its statutory immunity under such
statutes or laws as to City, its elected and appointed officers, officials, agents,
employees, designated volunteers and those City agents serving as independent
contractors in the role of City officials.
18.5. Insurance Requirements Not Limiting. City does not, and shall not,
waive any rights that it may possess against Consultant because of the
acceptance by City, or the deposit with City, of any insurance policy or certificate
required pursuant to this Agreement. The indemnities and obligations in this
Section shall apply regardless of whether or not any insurance policies are
14 of 19
determined to be applicable to the Claims or Liabilities asserted against City or
any of the other Indemnitees.
18.6. Survival of Terms. Consultant's indemnifications and obligations
under this Section 18.0 shall survive the expiration or termination of this
Agreement.
19.0 Non -Discrimination and Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the
performance of this Agreement, Consultant shall not discriminate against any
subcontractor, employee, or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender
identity, gender expression, marital status, national origin, ancestry, age, physical
disability, mental disability, medical condition, genetic information, or any other
basis prohibited by law. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated
during employment, without regard to their race, color, religious creed, sex,
gender, gender identity, gender expression, marital status, national origin,
ancestry, age, physical disability, mental disability, medical condition, genetic
information or sexual orientation, or any other basis prohibited by law.
20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part,
constitute "public works" as defined in the California Labor Code, Consultant
shall comply in all respects with all applicable provisions of the California Labor
Code, including those set forth in Exhibit B, attached hereto and incorporated
by reference herein.
22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both
Parties.
23.0 Severability
15 of 19
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, except that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not be applied in
interpreting this Agreement. Any dispute that arises under or relates to this
Agreement (whether contract, tort or both) shall be resolved in a superior court
with geographic jurisdiction over the City of Seal Beach.
25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement
and their respective successors and assigns, and no other person or entity shall
be deemed to have any rights hereunder against either party by virtue of this
Agreement.
26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City
under this Agreement shall impair any right, power or remedy of City, nor shall it
be construed as a waiver of, or consent to, any breach or default. No waiver of
any breach, any failure of a condition, or any right or remedy under this
Agreement shall be (1) effective unless it is in writing and signed by the Party
making the waiver, (2) deemed to be a waiver of, or consent to, any other
breach, failure of a condition, or right or remedy, or (3) deemed to constitute a
continuing waiver unless the writing expressly so states.
27.0 Prohibited Interests; Conflict of Interest
27.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code §§ 1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
27.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
16 of 19
exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant
paid or agreed to pay any person or entity, other than a bona fide employee
working exclusively for Consultant, any fee, commission, gift, percentage, or any
other consideration contingent upon the execution of this Agreement. Upon any
breach or violation of this warranty, City shall have the right, at its sole and
absolute discretion, to terminate this Agreement without further liability, or to
deduct from any sums payable to Consultant hereunder the full amount or value
of any such fee, commission, percentage or gift.
27.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this Section.
28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement
shall operate as and be a release of City from all claims and liabilities for
compensation to Consultant for anything done, furnished or relating to
Consultant's work or services. Acceptance of payment shall be any negotiation
of City's check or the failure to make a written extra compensation claim within
ten calendar days of the receipt of that check. However, approval or payment by
City shall not constitute, nor be deemed, a release of the responsibility and
liability of Consultant, its employees, subcontractors and agents for the accuracy
and competency of the information provided and/or work performed; nor shall
such approval or payment be deemed to be an assumption of such responsibility
or liability by City for any defect or error in the work prepared by Consultant, its
employees, subcontractors and agents.
29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall
correct, at its expense, all errors in the work which may be disclosed during City's
review of Consultant's report or plans. Should Consultant fail to make such
correction in a reasonably timely manner, such correction may be made by City,
and the cost thereof shall be charged to Consultant. In addition to all other
available remedies, City may deduct the cost of such correction from any
retention amount held by City or may withhold payment otherwise owed
Consultant under this Agreement up to the amount of the cost of correction.
30.0 Non Appropriation of Funds
17 of 19
Payments to be made to Consultant by City for any Services performed within
the current fiscal year are within the current fiscal budget and within an available,
unexhausted fund. In the event that City does not appropriate sufficient funds for
payment of Consultant's Services beyond the current fiscal year, this Agreement
shall cover payment for Consultant's Services only to the conclusion of the last
fiscal year in which City appropriates sufficient funds and shall automatically
terminate at the conclusion of such fiscal year.
31.0 Mutual Cooperation
31.1. City's Cooperation. City shall provide Consultant with all pertinent
Data, documents and other requested information as is reasonably available for
Consultant's proper performance of the Services required under this Agreement.
31.2. Consultant's Cooperation. In the event any claim or action is
brought against City relating to Consultant's performance of Services rendered
under this Agreement, Consultant shall render any reasonable assistance that
City requires.
32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify
a time for performance; provided, however, that the foregoing shall not be
construed to limit or deprive a Party of the benefits of any grace or use period
allowed in this Agreement.
33.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover -from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
35.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or
she is duly authorized to execute this Agreement on behalf of said party and that
by his or her execution, the Consultant is formally bound to the provisions of this
Agreement.
18 of 19
IN WITNESS WHEREOF,
representatives have exe
above written.
CITY OF SEAL BEACH
0
Iris Lee,
the Parties hereto, through their respective authorized
,uted this Agreement as of the date and year first
Approved as to Form -
By:
aig A. Steele, City Attorney
CONSULTANT: CASC Engineering
and Consulting, Inc., a California
corporation
By. � W/1
Rimed J. Sidor
Chief Executive Officer
By:
Michelle E.Furlong
Secretary
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 393 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
19 of 19
EXHIBIT A
Consultant's Scope of Services
Engineering and Con lting
December 1, 2022
Ms. Iris Lee
Acting Public Works Director
211 Eighth Street
Seal Beach, CA 90740
ilee@sealbeachca.gov
Direct: (562) 431-2527 X 1322
1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108
RE: Biological Resource Report for Beverly Manor Booster Pump Station Building Replacement and Electrical
Upgrades Project, Seal Beach, Orange County, California
Dear Ms. Lee,
CASC Engineering and Consulting, Inc. ("CASC"), is pleased to provide a Reconnaissance Level Biological
Assessment and Biological Resources Assessment Report in support for the Beverly Manor Booster Pump Station
Building Replacement and Electrical Upgrades ("Project") in the City of Seal Beach, Orange County, California.
Biological resources assessment and report is requested in support of a Categorical Exemption. The Project site
totals 1.6 -acres. It is to our understanding that the City of Seal Beach has requested this study for Project
development and that no previous biological studies have been prepared for the Project.
In closing, we look forward to working with you on this Project. If you have any questions, I may be reached via
phone at 951-216-9933, or by email at kbovdstun@cascinc.com.
This proposal shall remain valid for a minimum of 180 days following the date of submission. Please review that
the terms of this agreement are acceptable, kindly provide us with your contract. We can begin work within 10 -
days of a signed contract.
Best regards,
CASC ENGINEERING AND CONSULTING
O�Amdtb�
Kim Boydstun
Senior Biologist/Biology Program Manager
951-216-9933
kbovdstun@cascinc.com
www.cascinc.com
qngineering
and Con lting
SCOPE OF SERVICES
1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108
The Beverly Manor Booster Pump Station ("Booster Station") Rehabilitation Project (the Project) is designed to rehabilitate
the Beverly Manor Booster Pump Station which is one of the two booster pump stations located within the City of Seal Beach.
The Beverly Manor Booster Station was constructed in 1969 and is past its useful life. The Project will rehabilitate the Booster
Station and the onsite groundwater well so that it can operate at its full 2,000 gpm capacity and can deliver potable water
resources to the residents of Seal Beach. The rehabilitation of the Booster Station will reestablish the 3,226 acre-feet per year
(AFY) (2,000 gpm) of groundwater supply.
The following scope of services is intended to provide detailed environmental site conditions and assessment of biological
resources on the Project Site necessary to gain approvals for the City of Seal Beach in support of a Categorical Exemption.
A. RECONNAISSANCE LEVEL BIOLOGICAL ASSESSMENT
The below tasks will be performed to evaluate the Project Site for biological resources, verify existing site conditions,
assess the site for the presence of threatened, endangered, or special -status species, and present these findings in
the Biological Resources Assessment Report (Task B).
CASC's biologists will research readily available information, including previous studies and reports, relevant
literature, databases, agency websites, Geographic Information Systems (GIS) data, maps, aerial imagery from public
domain sources, and in-house records to: 1) assess habitats, special -status plant and wildlife species, any
jurisdictional features that may be within the project impact area, critical habitat and wildlife corridors that may
occur in and near the Project site, and 2) identify local or regional plans, policies, and regulations that may apply to
the Project site.
Following the literature review, biologists will conduct a reconnaissance -level biological survey on the Project site
including a 500 -foot buffer (where accessible). The survey area is referred to as the Biological Study Area (BSA). The
survey will include the following:
o Habitat assessment and plant community mapping.
o A compendia of plants and wildlife observed during the survey.
o Global Positioning System (GPS) locations of sensitive species, if present.
o Habitat assessment for sensitive, threatened, and endangered flora and fauna species with special
consideration for habitat associations with Western burrowing owl (Athene cunicularia) — known
from the local area.
o GPS locations of any potential Western burrowing owl and desert tortoise burrows — including buffer
area where accessible.
o Assessment of wildlife movement through the Project Site.
A one -day reconnaissance level site assessment will be conducted on foot during daylight hours and will cover all
accessible areas of the BSA to ensure that 100% of the Project Site has been assessed for biological resources.
Biologists will use aerial imagery and binoculars from strategic vantage points whenever direct access is not possible.
CASC biologists will characterize the existing habitat and search for the presence of sensitive plant communities,
special -status plants and wildlife, jurisdictional areas, and potential wildlife corridors.
www.cascinc.com
e
eering and Con Iting
B. BIOLOGICAL RESOURCES ASSESSMENT REPORT
1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108
Following completion of the above outlined site assessment at the Project Site, CASC will prepare the Biological
Resources Assessment Report that will: (1) summarize existing conditions, (2) assess the potential presence of
sensitive biological resources at the Project Site, (3) analyze the potential impacts on those resources from Project
development, (4) recommend, as appropriate, Best Management Practices (BMPs), avoidance and protection
measures, and suggestions to reduce environmental impacts to less than significant levels, (5) make
recommendations for additional studies if needed, and (6) identify biological permits or approvals that the Project
may need for build -out. The report will include methods and results of the literature review and field surveys,
figures, a complete flora and fauna compendium, and representative site photographs.
Deliverables
✓ An electronic copy of the draft Biological Resources Assessment Report to the Client for one round of
comments.
✓ An electronic copy of the final Biological Resources Assessment Report to the Client for distribution.
Assumptions
✓' Changes in the Project description, Project boundary, and Project footprint could trigger additional analysis,
calculations, resubmittals and/or revisions to the reports and associated "figures. These additional changes
requiring action will be billed on a time and material basis.
✓ In order to facilitate the Project for mapping purposes, the Client will provide CASC with CAD data including a
defined coordinate system or GIS shapefiles/geodatabase or Google Earth kmz/kml files that digitally illustrate
the Project boundary and Project footprint (permanent and temporary impacts). If digital data is provided
without a defined coordinate system or as static graphics (i.e., pdf, jpg, etc.), which require georeferencing, then
a change order will be requested for mapping and conversion of data into a GIS compatible format.
SCHEDULE OF FEES
A. RECONNAISSANCE LEVEL BIOLOGICAL SURVEY
B. BIOLOGICAL RESOURCES ASSESSMENT REPORT
DIRECT COSTS:
GRAND TOTAL ( FIXED FEE)
$500.00
$6,500.00
$150.00
$7,150.00
INITIAL BUDGET ESTIMATES
Initial budget estimates have been provided for the Scope of Service tasks identified above and will be billed on a Fixed Fee
basis. Additional work efforts which may become necessary during the Agency review process and due to Client directed
changes will be billed on a T&M basis in accordance with our standard hourly fee rate schedule.
www.cascinc.com
EXHIBIT B
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute "public works"
as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this
Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by
the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as
to those Services that are "public works", Consultant shall comply with and be bound by
all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full
herein.
2. California law requires the inclusion of specific Labor Code provisions in certain
contracts. The inclusion of such specific provisions below, whether or not required by
California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in
accordance with California Labor Code Section 1725.5, and has provided proof of
registration to City prior to the Effective Date of this Agreement. Consultant shall not
perform work with any subcontractor that is not registered with DIR pursuant to Section
1725.5. Consultant and subcontractors shall maintain their registration with the DIR in
effect throughout the duration of this Agreement. If Consultant or any subcontractor
ceases to, be registered with DIR at any time during the duration of the project,
Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to
compliance monitoring and enforcement by DIR. Consultant shall post job site notices,
as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem
wages for each craft, classification, or type of worker needed to perform the Agreement
are on file at City Hall and will be made available to any interested party on request.
Consultant acknowledges receipt of a copy of the DIR determination of such prevailing
rate of per diem wages, and Consultant shall post such rates at each job site covered by
this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections
1774 and 1775 concerning the payment of prevailing rates of wages to workers and the
penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit
$200.00 for each calendar day, or portion thereof, for each worker paid less than the
prevailing rates as determined by the DIR for the work or craft in which the worker is
employed for any public work done pursuant to this Agreement by Consultant or by any
subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section
1776, which requires Consultant and each subcontractor to: keep accurate payroll
records and verify such records in writing under penalty of perjury, as specified in
Section 1776; certify and make such payroll records available for inspection as provided
by Section 1776 and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections
1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et
seq. concerning the employment of apprentices on public works projects. Consultant
shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement,
Consultant shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within 60 days after concluding work pursuant to this
Agreement, Consultant and each of its subcontractors shall submit to City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
9. Consultant shall not perform work with any Subcontractor that has been debarred or
suspended pursuant to California Labor Code Section 1777.1 or any other federal or
state law providing for the debarment of contractors from public works. Consultant and
subcontractors shall not be debarred or suspended throughout the duration of this
Contract pursuant to Labor Code Section 1777.1 or any other federal or state law
providing for the debarment of contractors from public works. If Consultant or any
subcontractor becomes debarred or suspended during the duration of the project,
Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day's work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant
shall comply with and be bound by the provisions of Labor Code Section 1813
concerning penalties for workers who work excess hours. Consultant shall, as a penalty
to City, forfeit $25.00 for each worker employed in the performance of this Agreement by
Consultant or by any subcontractor for each calendar day during which such worker is
required or permitted to work more than eight hours in any one calendar day and 40
hours in any one calendar week in violation of the provisions of Division 2, Part 7,
Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work
performed by employees of Consultant in excess of eight hours per day, and 40 hours
during any one week shall be permitted upon public work upon compensation for all
hours worked in excess of eight hours per day at not less than one and one-half times
the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be
required to secure the payment of compensation to its employees. In accordance with
the provisions of California Labor Code Section 1861, Consultant hereby certifies as
follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
12. For every subcontractor who will perform work on the project, Consultant shall be
responsible for such subcontractor's compliance with Chapter 1 and Labor Code
Sections 1860 and 3700, and Consultant shall include in the written contract between it
and each subcontractor a copy of those statutory provisions and a requirement that each
subcontractor shall comply with those statutory provisions. Consultant shall be required
to take all actions necessary to enforce such contractual provisions and ensure
subcontractor's compliance, including without limitation, conducting a periodic review of
the certified payroll records of the subcontractor and upon becoming aware of the failure
of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless
and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its
officials, officers, employees, agents and independent contractors serving in the role of
City officials, and volunteers from and against any demand or claim for damages,
compensation, fines, penalties or other amounts arising out of or incidental to any acts or
omissions listed above by any person or entity (including Consultant, its subcontractors,
and each of their officials, officers, employees and agents) in connection with any work
undertaken or in connection with the Agreement, including without limitation the payment
of all consequential damages, attorneys' fees, and other related costs and expenses. All
duties of Consultant under this Section shall survive the termination of the Agreement.
r_ro.,rtt• 1250938
305CASCENG
v••v•••••• •------
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDNYYY)
F12/14/2022
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 any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
McGriff Insurance Services
130 Theory Ste 200
Irvine, CA 92617
714 941-2800
NCAo�NI I ;I Mary Faber
PAIC, HONNEo t): 714 941-2800 A/C, No: 877-297-1101
Ex
E-MAIL
ADDRESS: MFaber@McGriff.com
INSURER(S) AFFORDING COVERAGE- NAIC#
INSURER A: Continental Casualty Company 20443
INSURED
CASC Engineering and Consulting Inc
1470 E Cooley Drive
Colton, CA 92324
INSURER B: Continental Insurance Company 35289
INSURER C: Transportation Insurance Company 20494
INSURER D: Lexington Insurance Company 19437
INSURER E
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
POLICY EFF
MMIDD
POLICY EXP
MMIDD
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 51OCCUR
6076584085
2/01/2022
02101/2023
EACHOCCURRENCE S1 000000
PREMISES EaoNcaunence $500,000
MED EXP (Any one person) $15000
X BI/PDDed•5,000
PERSONAL& ADV INJURY 51,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE 52,000,000
PRODUCTS - COMP/OP AGG $2,000,000
PR -
POLICY ECT 7 LOC
S
OTHER:
C
AUTOMOBILE LIABILITY
6076584099
2/01/2022
02/01/202
Eeacclid.ntSINGLELIMIT $1,000,000
BODILY INJURY (Per person) S
X ANY AUTO
BODILY INJURY (Per accident) $
OWNEDSCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
X AUTOS ONLY X AUTOS ONLY
PROPERTY DAMAGE S
Per accident
S
B
X
UMBRELLA LIAB
X
OCCUR
6076584104
0210112022
02J01/2023
EACH OCCURRENCE s2,000,000
AGGREGATE s2,000,000
EXCESS LIAB
CLAIMS -MADE
DED I X RETENTIONS10000
S
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
N / A
7011705080
12/31/2021
12/31/202
X PER OTH-
E.L. EACH ACCIDENT $1 000 000
E.L. DISEASE - EA EMPLOYEE 51,000,000
E.L. DISEASE - POLICY LIMIT 51,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
D
Professional Liab
031565597
0210112022
02101/2023
$2,000,000 eaClaim/Agg.
Errors & Omission
Ded $50,000 Per Claim
Claims -Made
I
Retro Dte 2-1-93
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Biological Resource Services for Beverly Manor Well & Booster Pump Station
The City of Seal Beach, its elected and appointed officials, officers, employees, agents, designated
volunteers and those City agents acting as independent contractors in the role of City officials are named
additional insured as respects General and Automobile Liability, as required by written contract per the
endorsements attached; and this insurance is primary and noncontributory with any other insurance of the
(See Attached Descriptions)
SHOULD TIH
City of Seal Beach THE EXPIRATIONDATE DESCRIBED IECANCELLED
E THEREOF, NOTTICEN
WILLL BE BEFORE
DELIVERED
Aft: City Manager ACCORDANCE WITH THE POLICY PROVISIONS.
211 -8th St.
Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE
U IVt$t1-ZU1to AGUKLI GUKrUKAI RUN. Au ngnib reberveu.
ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S31191903/M29399277 MJFAB
DESCRIPTIONS (Continued from Page 1)
additional insureds as required by written contract;
Waivers of subrogation apply as respects General and Automobile liability and Workers Compensation as
required by written contract per the endorsements attached.
Should any policy be cancelled before the expiration date, McGriff Insurance Services will mail 30 (thirty)
days written notice to the certificate holders which require such action per written contract or agreement,
except 10 days notice of cancellation for non-payment of premium.
JMVI I 1 h L.7.J 1LU-IO/U3) [ or'd
#S31191903/M29399277
AwV,VAInsured: CASC Engineering and Consulting Inc
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs
A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part
under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and
(2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer
will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or
(2) coverage broader than required by such contract or agreement, and in no event broader than that described
by the applicable paragraph A. through 1. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or
organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. such person or organization's financial control of a Named Insured; or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies
such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or
demolition operations performed by, on behalf of, or for such additional insured.
B. Co-owner of Insured Premises
A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect
to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner
of such premises.
C. Engineers, Architects or Surveyors Engaged By You
An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily
injury, property damage or personal and advertising injury caused in whole or in part by the Named
Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf:
a. in connection with the Named Insured's premises; or
b. in the performance of the Named Insured's ongoing operations.
But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage
or personal and advertising injury arising out of the rendering of or failure to render any professional services
by, on behalf of, or for the Named Insured, including but not limited to:
1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
2. supervisory, inspection, architectural or engineering activities.
D. Lessor of Equipment
CNA74858XX (1-15) Policy No: 6076584085
Page 2 of 16 Endorsement No:
Continental Casualty Effective Date: 02/01/22
insured Name: CASC ENGINEERING AND CONSULTING INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
EXTENDED COVERAGE ENDORSEMENT BA PLUS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
1. LIABILTY COVERAGE
A. Who Is An Insured
The following is added to SECTION 11, Paragraph A.1., Who Is An Insured:
1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the
date of inception of this Coverage Form; provided that,
b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured
under any other liability "policy" providing auto coverage.
2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint
venture, and over which you maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy
period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier.
b. Does not apply to:
(1) Bodily injury or property damage caused by an accident that occurred before you acquired or
formed the organization; or
(2) Any such organization that is an insured under any other liability "policy" providing auto
coverage.
3. Any person or organization that -you are obligated to- =provide, Insurance where required 'bv a w_fff ens
contract_oi_agreement is an_insured, mut-only With_�espect to.legal_ responsibility fob acts or omissions,
of a person for whom Lial? 111ty Co_vetage Is afforded under ffiis policy.'
4. An employee of yours is an insured while operating an auto hired or rented under a contract or
agreement in that employee's name, with your permission, while performing duties related to the
conduct of your business.
"Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the
inception date of this Coverage Form but:
1. Which are no longer in force; or
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows:
1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and
2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day.
C. Fellow Employee
Form No: SCA 23 500 D 10 11 Policy No: 6076584099'
Endorsement Effective Date: -02 - /01/22 Policy Effective Date: 02/01/22
Endorsement No:Policy Page: 1 of 5
Underwriting Company: Cont9nentalInsuranceCa
t;opyright GNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
CASC Engineering and Consulting Inc
CMAArchitects, Engineers and Surveyors General Liability
Extension Endorsement
With respect to this provision's requirement that additional insured status must be requested under a written
contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
I. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer,
any person or organization whom the Named Insured is required to include as an additional insured, but only
with respect to such person or organization's liability for bodily injury, property damage or personal and
advertising injury caused by:
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf,
in the performance of the Named Insured's ongoing operations at the trade show event premises during the
trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within
the products -completed operations hazard.
2.ADDITIONAL INSURED - P_RIM_ARY AND NO_N_-CONT_RIBUTORYiTO ADDITIONAL INSUREDS INSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to
add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not
seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own
insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding
anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess
of any other insurance available to such person or organization.
3. ADDITIONAL INSURED — EXTENDED COVERAGE
When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN
INSURED is amended to make the following natural persons Insureds.
If the additional insured is:
a. An individual, then his or her spouse is an Insured;
b. A partnership or joint venture, then its partners, members and their spouses are Insureds;
c. A limited liability company, then its members and managers are Insureds; or
d. An organization other than a partnership, joint venture or limited liability company, then its executive officers,
directors and shareholders are Insureds;
but only with respect to locations and operations covered by the additional insured endorsement's provisions, and
only with respect to their respective roles within their organizations.
Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for
additional coverage and restrictions applicable to spouses of natural person Insureds.
4. BOATS
Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled
Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or
Watercraft:
This exclusion does not apply to:
CNA74858XX (1-15) Policy No: 6076584085
Page 4 of 15 Endorsement No:
Continental Casualty Effective Date: 02/01/22
Insured Name: CASC ENGINEERING AND CONSULTING INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its
permission.
CNA Business Auto Policy
Policy Endorsement
ADDITIONAL INSURED - PRIMARY AND NON' -CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured. Person Or Organization
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN
AGREEMENT TO NAME AS AN ADDITIONAL INSURED.
1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the
person or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and
non-contributory basis if you have committed it to be so in a written contract or written agreement
executed prior to the date of the "accident" for which the additional insured seeks coverage under this
policy.
All other terms and conditions of the policy remain unchanged
'This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
r takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy..
Form No: CNA71527XX (10-2012) Policy No: BUA 6076584099
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 02/01/2022
Endorsement No: Page: 1 of 1 Policy Page:
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606
t.upyngnt Lives An nignis heservea.
Casc Engineering and Consulting Inc.
CNAArchitects, Engineers and Surveyors General Liability
Extension Endorsement
services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply
to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision.
24. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000.
limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a
$1,000. limit.
25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
26. (WAIVER OF SUBROGATION- BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add
the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products -completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the
claim.
27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS
Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any
construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up)
insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary
endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance
Programs (C.C.I.P.) is attached, then the following changes apply:
A. The following wording is added to the above -referenced endorsement:
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was
involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as
damages because of.
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named
Insured's ongoing operations at the project, or during such operations of anyone acting on the Named
Insured's behalf; nor
2. Bodily injury or property damage included within the products -completed operations hazard that arises
out of those portions of the project that are not residential structures.
B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
CNA74858XX (1-15) Policy No: 6076584085
Page 15 of 16 Endorsement No:
Continental Casualty Effective Date: 02/01/22
Insured Name: CASC ENGINEERING AND CONSULTING INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA Business Auto Policy
Policy Endorsement
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY'
AGAINST OTHERS TO US :(WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured: CASC ENGINEERING AND CONSULTING INC
Endorsement Effective Date: 02/01/2022
SCHEDULE
Name(s) Of' Person(.$) Or Organization(s):
ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR
TO LOSS
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or
organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident"
or the "loss" under a contract with that person or organization.
Form No: CA 04 44 10 13 Policy No: BUA 6076584099
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 02/01/2022
Endorsement No; Page: 1 of 1 Policy Page:
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606
'UNy11911L uwurence Services utrice, Inc., LU11
Ili
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two -
Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this�adr.,eement from us.)
PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total',standard,premiufn for
California exposure. The amount is Blanket Waiver- of Subrogation Percentage Charge%.
All other terms and conditions of the policy remain unchanged.
!This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
!takes effect on the Policy Effective date of said policy at the hour stated,in said _policy; unless another
effective date (the Endorsement Effective Date) is shown below; and expires concurrently with said policy
:unless another expiration date is shown below.
Form No: G-1 9160-B (11-1997) Policy No: P Policy 7011705080
Endorsement Effective Date: 1.2-31-21 Endorsement Expiration Date:12-31-23 Effective Date: 12-31-22-,----,- _;
Endorsement No:;i Pager 1 of T' Policy Page: x of y
Underwriting Company: Transportation Insurance CompanyL-
0 Copyright CNA All Rights Reserved.
mriCASCENG
ACORM CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
1 1/04/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
McGriff Insurance Services
130 Theory Ste 200
Irvine, CA 92617
714 941-2800
NAMECT Mary Faber
PAIC, "o"NE 714 941-2800 ac No): 877-297-1101
o Ext
E-MAIL.
ADDRESS: MFaber@McGriff.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: Transportation Insurance Company 20494
INSURED
CASC Engineering and Consulting Inc
1470 E Cooley Drive
Colton, CA 92324
INSURERS:
INSURER C
INSURER D
INSURER E
INSURER F:
nnvPRAGPs CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
POLICY EFF
MWDD
POLICY EXP
MWDD
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE S
CLAIMS -MADE OCCUR
DAMAGE T RENTED
PREMISES Ea occurrence $
MED EXP (Any one person) $
PERSONAL & ADV INJURY S
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE S
PRODUCTS - COMP/OP AGG $
PRO -
POLICY F JECT LOC
S
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accident $
BODILY INJURY (Per person) $
ANY AUTO
BODILY INJURY (Per accident) S
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE $
Per accident
$
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE $
AGGREGATE S
EXCESS LIAR
CLAIMS -MADE
DED I I RETENTIONS
S
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTI' Y / N
V
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
N /A
7011705080
12/31/2022
12/31/202
OTH-
X PERTUTE ER
E.L. EACH ACCIDENT S1,000,000
E.L. DISEASE- EA EMPLOYEE $1,000,000
E.L. DISEASE -POLICY LIMIT I 51,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)
This certificate is for the Workers Compensation renewal only effective 12/31/2022 to 12/31/2023.
Please retain previously issued certificate for general liability, automobile liability and excess
liability for the term of 2/01/2022 to 210112023.
Biological Resource Services for Beverly Manor Well & Booster Pump Station
The City of Seal Beach, its elected and appointed officials, officers, employees, agents, designated
(See Attached Descriptions)
City of Seal Beach
Aft: City Manager
211 - 8th St
Seal Beach, CA 90740
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
U 1Utft$-ZUI0 AGUKU 6UKrUKAI IUM. All n91Ic5 re5e;rveu.
ACORD 25 (2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S31350618/M29134755 MJFAB
DESCRIPTIONS (Continued from Page 1)
volunteers and those City agents acting as independent contractors in the role of City officials are named
additional insured as respects General and Automobile Liability, as required by written contract per the
endorsements attached; and this insurance is primary and noncontributory with any other insurance of the
additional insureds as required by written contract;
Waivers of subrogation apply as respects General and Automobile liability and Workers Compensation as
required by written contract per the endorsements attached.
Should any policy be cancelled before the expiration date, McGriff Insurance Services will mail 30 (thirty)
days written notice to the certificate holders which require such action per written contract or agreement,
except 10 days notice of cancellation for non-payment of premium.
enr_m n
#S31350618/M29134755
1`
BLANKETWAIVER OF OUR RIGHT TO RECGVER FROM OTHERS
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two -
Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total: standard• premium for
California exposure. The amount is Blanket. Waiver of'.Subrogation Percentage Ch gF%.
All other terms and conditions of the policy remain unchanged.
,This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
!takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another
jeffective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy
junless another expiration date is shown below.
Form No: G-1 9160-B (11-1997) Policy No: P Policy 7011705080
Endorsement Expiration Date: 12-31-23 Endorsement No: ; Page: 1 of 1 Effective Date: 12-31-22
Underwriting Company^Transportation Insurance Company _� Policy Page: x of y
® Copyright CNA All Hignts Heserveo.