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Home My WebLink AboutErickson-Hall Construction Co. - 2019-03-18 APP# OVED L1/- r��aTiNcrp L c y-A/14 j 01am1.JG/v City of Huntington Beach DELeLe Jz.E-A-86EN "') e,DUNTV tt File #: 19-159 MEETING DATE: 3/18/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subject: Approve and authorize execution of a Professional Services Contract with Erickson-Hall Construction Co. for the Police Department Modernization Project Statement of Issue: The Public Works Department is assisting the Police Department with procurement of the services of a Program Manager for Phase I Preconstruction Services for the Police Department Building Modernization Project. Financial Impact: Funds in the amount of$1,599,741 are available in the Infrastructure Fund Account 31487004.82200 for Phase I Preconstruction Services of the Police Building Modernization Project. Construction, which will be part of Phase II of the project, will require a separate City Council action at a later date. Recommended Action: Approve and authorize the Mayor and City Clerk execute the "Professional Services Contract Between the City of Huntington Beach and Erickson Hall Construction Company for Program Management Services for Modernization of the Police Department Facility." Alternative Action(s): Do not approve the contract and direct staff on how to proceed. Analysis: The Police Department building at the Civic Center, built over 45 years ago, is in need of major infrastructure upgrades including expansion of the locker rooms, restrooms, Communications Center, and exercise room, while improving the ventilation system and other aged and deteriorated utilities. The City Council previously allocated over $200,000 to procure the services of an architect to prepare schematic design level drawings. The schematic design drawings were prepared in consultation with Police Department staff to ascertain their vision for the operational and functional performance of the building while at the same time planning to completely renew the aged infrastructure such as the ventilation, sewer and water systems. At the conclusion of the schematic City of Huntington Beach Page 1 of 3 Printed on 3/13/2019 powereaaT LegistarT"" orba Linda 67,637 2.04% $ 3,395.17 County of Orange(includes JWA)* 265,320 7.98% $ 13,318.25 TOTALS 3,322,911 100% $ 166,800.00 st to meet and confer. C. Employees shall cooperate in providing a statement. D. This Agreement does not preclude a formal deposition of the applicant or the physician when necessary. Attorney's fees for employee depositions shall be covered by Labor Code section 5710. There will be no attorney's fees for doctor's depositions. HBPOA MOU October 1,2017 through December 31,2019 50 ys of receipt of the written proposal, the addition will be made. In the event there is an objection, the physician will not be added to the list. A physician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 File #: 19-159 MEETING DATE: 3/18/2019 design process, the probable construction cost estimate is $16 million. Due to the complexity of the proposed improvements, and the unknowns of construction in an older building, it was decided to use a Program Manager at Risk (PMAR) contract method. This contracting method was chosen to shift the risk of the cost of the project from the City to the PMAR. Under a PMAR procurement, there are two distinct contracts and phases. Phase I, which is the purpose of this RCA, involves the design of the project under a Professional Services contract. The design effort is a collaboration between the Contractor and the Architect as a team which results in the Program Manager presenting the City with a Guaranteed Maximum Price (GMP) for the .construction of the project. The City has the ability to review and, if necessary, negotiate the GMP prior to entering into a construction contract (Phase II), which would go to City Council for approval in a future RCA. If the City is unable to negotiate the GMP, the City has the option to bid the project while assuming any risk of price escalation, should unknown conditions exist. The key advantages to a PMAR procurement are: • Construction cost is known at the end of Phase I • Construction cost savings are returned to the City • Accelerated process to deliver final product • Key financial risks are assumed by the PMAR • No change orders during construction, unless initiated by the City. On December 19, 2018, the City received proposals from three consultants. Their proposals were reviewed in conformance with a Qualifications Based Selection process (QBS), in which the consultants were ranked, solely based upon their qualifications. Under a QBS process, the fee proposals are submitted separately, only to be reviewed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 File #: 19-159 MEETING DATE: 3/18/2019 cost of approximately 10% of the estimated construction cost, or $1.6 million. Erickson-Hall's fee proposal was $1,599,741. The City Council has approved $2,000,000 in the current FY 18/19 CIP budget for this project. Therefore, based on a Quality Based Selection process, in conformance with Municipal Code 3.03, staff recommends award of a professional services contract to Erickson-Hall. It is estimated that the Phase II construction contract will be taken to City Council toward the end of this year. The second vendor's comparable fee proposal came in at $1.4 million. Environmental Status: Not applicable Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Professional Service Award Analysis 2. Professional Services Contract between the City of Huntington Beach and Erickson-Hall Construction Company for the Police Department Modernization Project City of Huntington Beach Page 3 of 3 Printed on 3/13/2019 powere&IQ i Leg istarTM he City has the option to bid the project while assuming any risk of price escalation, should unknown conditions exist. The key advantages to a PMAR procurement are: • Construction cost is known at the end of Phase I • Construction cost savings are returned to the City • Accelerated process to deliver final product • Key financial risks are assumed by the PMAR • No change orders during construction, unless initiated by the City. On December 19, 2018, the City received proposals from three consultants. Their proposals were reviewed in conformance with a Qualifications Based Selection process (QBS), in which the consultants were ranked, solely based upon their qualifications. Under a QBS process, the fee proposals are submitted separately, only to be reviewed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 CO,, PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ERICKSON-HALL CONSTRUCTION CO FOR PROGRAM MANAGEMENT SERVICES FOR MODERNIZATION OF POLICE DEPARTMENT FACILITY THIS Agreement is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter referred to as "CITY," and ERICKSON-HALL CONSTRUCTION CO, a California corporation,hereinafter referred to as "CONSULTANT," and, WHEREAS, CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of CITY; and CITY desires to modernize the lower and main levels of the Police Department Facility located at 2000 Main Street, Huntington Beach(the"Project"); and, Westberg+White, Inc. ("Architects")have prepared Schematic Designs for the PROJECT; and, CITY has solicited and received a proposal from CONSULTANT,has reviewed the previous experience and evaluated the expertise of CONSULTANT,and desires to retain CONSULTANT to provide Phase I Program Management and Program Management at Risk Services for the Project("Phase I Services"). Phase II is the construction of the modernized of the Huntington Beach Police Department Facility ("Phase II") and not a part of this Contract; and Pursuant to documentation on file in the Office of City Clerk, the provisions of the Huntington Beach Municipal Code,Chapter 3.03, relating to procurement of professional service contracts have been satisfied; and 1 197862/19-7232/SFF ranked, solely based upon their qualifications. Under a QBS process, the fee proposals are submitted separately, only to be reviewed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 CONSULTANT has been selected to perform said Phase I Services, NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT,through itself, architects, and subcontractors, shall provide all services necessary to successfully perform the Scope of Work. The Scope of Work is primarily described at the"Phase I Pre-Construction Services"of Exhibit A(attached and entitled"Request For Qualifications For Professional Program Management/Program Management At Risk Services For The Huntington Beach Police Department Modernization Project"). Phase I Services also include CONSULTANT providing CITY a Guaranteed Maximum Price ("GMP") for the cost of construction of the Project. The Scope of Work is further described at the following attached Exhibits: • Exhibit B, attached and entitled"Huntington Beach Police Facility Renovation Project,"as prepared by Architects. • Exhibit C,attached and entitled"Conceptual Project Presentation of the Project," as prepared by Architects. • Exhibit D,the Architectural Schematics for the Project as prepared by Architects. (For purposes of brevity,the Schematics are on file with the Department of Public Works of the City.) • Exhibit E,attached. Exhibit E is excerpts from CONSULTANT's "Proposal to Provide Program Management ( Program Management-at-Risk for the Huntington Beach Police Department Modernization Project."The excerpts include page 2(identifying CONSULTANT's subcontractors), pages 52-54 highlighting the "critical issues that . . . are integral to ensuring a successful 2 197862/19-7232/SFF 19-7232/SFF ranked, solely based upon their qualifications. Under a QBS process, the fee proposals are submitted separately, only to be reviewed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 project delivery;" and page 56 stating that CONSULTANT"takes no exceptions to the contract terms issued by the City of Huntington Beach." • Exhibit F,attached, and entitled"Fee Detail,"where the Scope of Work is described at pages 1-2. At CITY's election, CONSULTANT may perform Phase II of the Project pursuant to a separate, negotiated Construction Manager at Risk("CMAR") Contract,whereby the CONSULTANT ensures to CITY that it will deliver the Project within the GMP. The CMAR Contract will require that all phases of construction of the Project be let to the lowest responsible bidder after notice by publication in accordance with Section 614 of the Huntington Beach City Charter,which requires that every contract involving an expenditure for the construction or improvement of public buildings"shall be let to the lowest responsible bidder." If CITY and CONSULTANT cannot negotiate a satisfactory CMAR Contract for Phase II, CITY may unilaterally terminate this Agreement, or limit CONSULTANT's Services during Phase Il to Project management and administration. CONSULTANT hereby designates Nathan Complin, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CONSULTANT AND CITY STAFF ASSISTANCE The Phase I Services will be an "open book" project whereby CITY may attend any and all meetings,and CITY or its designated auditors or accountants shall have access to any and all records of the CONSULTANT and its Team,or maintained by the CONSULTANT relating to the Project. CONSULTANT accepts a relationship of trust and confidence between itself and CITY, to furnish its best skills and judgment to cooperate with CITY during its design of the Project, 3 1 97 862/1 9-723 2/SFF osals are submitted separately, only to be reviewed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 and in all ways to further the interests of CITY and the Project. The CONSULTANT shall use its best efforts to see to it that the work of the Project is done in the best and most expeditious, economical manner consistent with the interests of CITY, and in strict conformity with the contract documents, including all reasonable implications of them. CITY shall designate a Project Administrator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. CONSULTANT shall commence the Phase I Services upon receiving a Notice to Proceed from the CITY(the"Commencement Date"). CONSULTANT shall complete all Phase I Services by no later than six months from the issuance of the Notice to Proceed. Notwithstanding the foregoing, CONSULTANT shall not be responsible for delays due to causes beyond CONSULTANT's reasonable control. However, in the case of any such delay in the services to be provided for the Project, CONSULTANT shall submit a request for extension of time for performance in writing to the CITY Project Administrator not later than ten (10)calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond CONSULTANT'S control. This Agreement shall automatically terminate three years (3)years from the Commencement Date, unless extended or sooner terminated as provided herein. 4. COMPENSATION CONSULTANT agrees that it shall perform all Phase I Services as described at Section 1 for an amount, including all costs and expenses,not to exceed One Million Four Hundred Sixty 4 197862/19-7232/SFF are submitted separately, only to be reviewed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 Nine Thousand, Seven Hundred Forty One Dollars($1,469,741.00), provided that CITY,at its sole discretion,may expend an additional amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00) for CONSULTANT's services. CITY shall pay CONSULTANT in both progress payments and on a time and materials basis as specified at Exhibit "F," which is attached hereto and incorporated by reference. CONSULTANT'S fees for Architectural and Engineering design,development and engineering services, including design and development of movable furniture, fixtures, or other equipment (collectively, "A&E")will be paid in monthly progress payments based upon the percentage of work completed towards the completion of the two phases of work. Phase One is Three Hundred Fifty Eight Thousand,Two Hundred Seventy Six Dollars($358,276.00) for completion of all Design Development Documents. Phase Two is Six Hundred Sixty Seven Thousand,Nine Hundred Sixty Five Dollars ($667,695.00) for completion of all Construction Documents and issuance of building permits. No payments towards Phase Two will be made until Phase One is complete. CONSULTANT's fees for Project Manager/Construction Manager Services("PM/CM Services"), Reimbursable Expenses, and the Soils Management Plan shall be paid on a time and material basis,provided that the fees shall not exceed the maximum amounts specified at Exhibit F. CONSULTANT shall comply with the following billing procedures: a. All billing shall be done monthly in fifteen(15)minute increments and mated to an appropriate breakdown of the time that was taken to perform that work and who performed it. 5 197862/i9-7232/SFF t to exceed One Million Four Hundred Sixty 4 197862/19-7232/SFF are submitted separately, only to be reviewed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 b. Each month's bill should include a total to date. That total should provide,at a glance,the total fees and costs incurred to date for the Services. c. A copy of memoranda, letters,reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoices shall: i. Reference this Agreement; ii. Describe the services performed; iii. Show the total amount of the payment due; and iv. include a certification by a principal member of CONSULTANT'S firm that the work has been performed in accordance with the provisions of this Agreement. d. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress towards completion of tasks in accordance with this Agreement, CITY shall approve the invoice,in which event payment shall be made within thirty(30)days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Section 3 may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 6 197862/19-7232/SFF performed it. 5 197862/i9-7232/SFF t to exceed One Million Four Hundred Sixty 4 197862/19-7232/SFF are submitted separately, only to be reviewed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 • e. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in additional shall list the hour's expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of the Agreement. 5. EXTRA WORK In the event CITY requires additional Services not included in Section 1 or changes in the Scope of Services described in Section 4, CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including, without limitation,all original drawings, designs,reports,both field and office notices, calculations, computer code, language,data or programs,maps, memoranda, letters and other documents, shall belong to CITY and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon completion of services, whichever shall occur first. CITY may use these materials as it sees fit. 7 197862/19-7232/SFF 197862/i9-7232/SFF t to exceed One Million Four Hundred Sixty 4 197862/19-7232/SFF are submitted separately, only to be reviewed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 7. HOLD HARMLESS CONSULTANT hereby agree to protect, defend, indemnify, save and hold harmless CITY, its officers,elected or appointed officials,employees,agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demand and defense costs (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT'S (or CONSULTANT'S subcontractors,if any)negligent(or alleged negligent)performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT'S counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 8. PROFESSIONAL AND GENERAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy providing architects and engineers professional liability insurance, and a general liability policy, both providing coverage in an amount not less than One Million Dollars ($1,000,000)per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however, an insurance policy "deductible"of Ten Thousand Dollars($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: 8 197862/19-7232/SFF only to be reviewed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 A. The policy retroactive date coincides with or precedes the initiation of the scope of work(including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following Services completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two(2) years to report claims arising from work performed in connection with this Agreement, including architectural work. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for,the CITY shall have the right, at the CITY'S election,to forthwith terminate the Agreement. Such termination shall not effect CONSULTANT'S right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 9. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement;the certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and 9 197862/19-7232/SFF shall be acceptable if the policy further provides that: 8 197862/19-7232/SFF only to be reviewed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 C. shall promise that such policies shall not be suspended,voided or canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice; however, ten(10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from CONSULTANT'S defense,hold harmless and indemnification obligations as set for in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. 10. INDEPENDENT CONTRACTOR CONSULTANT is,and shall be,acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of the CITY. CONSULTANT shall secure at its own cost and expense,and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the Services to be performed hereunder. 11. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's Services hereunder at any time with or without cause, and whether or not Services is fully complete. Any termination of this Agreement by CITY shall be made in writing,notice of which shall be delivered to CONSULTANT as provided herein. In 10 197862/19-7232/SFF wed once the ranking is determined. The review team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 the event of termination,all finished and unfinished documents,exhibits,report,and evidence shall, at CITY's option,become its property and shall be delivered promptly to it by CONSULTANT. 12. DISPUTE RESOLUTION A. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required,that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of seven(7) calendar days,the non-defaulting party may terminate this Agreement by giving to the defaulting party written notice after the seventh(7th) calendar day. The non-defaulting party shall give additional time to cure if the defaulting party provides notice within seven(7) calendar days that additional time is reasonably required to cure the default,the defaulting party specifies the nature of the default,and diligently take steps to cure the default, B. In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder,besides a default as set forth above, CITY and CONSULTANT agree to attempt to resolve such disputes by first through direct negotiations between the appropriate representatives of each party within ten(10) calendar days of being notified of the dispute. C. If such negotiations are not fully successful,the parties agree to attempt to resolve any remaining disputes by formal nonbinding mediation conducted in accordance with rules and procedures to be agreed upon by the parties within thirty(30)calendar days after the failure to resolve the dispute by direct negotiation. D. All parties agree that CONSULTANT shall be required to submit a Tort Claim in conformance with the Tort Claims Act(Government Code Section 900 et seq.) and that this 11 197862/19-7232/SFF eview team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 Section does not alter the Tort Claims Act requirements or toll any time limitations or statute of limitations set forth in the Tort Claims Act. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment,delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 8 and 9 above. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices,certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent(as designated in Section I hereinabove)or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid,and depositing the same in the United States Postal Service,to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates 12 197862/19-7232/SFF lendar days after the failure to resolve the dispute by direct negotiation. D. All parties agree that CONSULTANT shall be required to submit a Tort Claim in conformance with the Tort Claims Act(Government Code Section 900 et seq.) and that this 11 197862/19-7232/SFF eview team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 or other communications will be sent by notifying the other party via personal delivery,a reputable overnight carrier or U.S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Erickson-Hall Construction Co ATTN: Todd Broussard ATTN:Nathan Complin 2000 Main Street 500 Corporate Drive Huntington Beach, CA 92648 Escondido, CA 92029 17. CONSENT When CITY'S consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles,captions, section,paragraph, subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret,define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning,and not strictly for or against any of the parties. If any provision of 13 197862/19-7232/SFF er the failure to resolve the dispute by direct negotiation. D. All parties agree that CONSULTANT shall be required to submit a Tort Claim in conformance with the Tort Claims Act(Government Code Section 900 et seq.) and that this 11 197862/19-7232/SFF eview team consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void,illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law,ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail,and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals,each of which so executed shall,irrespective of the date of its execution and delivery,be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside 14 197862/19-7232/SFF am consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation,and that each has had the opportunity 15 197862/19-7232/SFF United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside 14 197862/19-7232/SFF am consisted of the Assistant City Manager, Assistant Chief of Police, Budget Manager, Public Works Construction Manager, Public Works Facilities Manager, and an Orange County Public Works Infrastructure Project Manager, as an independent reviewer. After review of the three proposals, the top two were invited to an interview to further review their qualifications based upon the scoring by the reviewers. Upon completion of the interviews, the consensus of the review panel was that Erickson-Hall was the preferred consultant, notably in the following areas: • Individual team member qualifications, including the assigned Project Manager • Proposed a broader Project Team • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview The fee proposals were then opened and evaluated. Industry standard would anticipate a design City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere29€-Leg istar sician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements,promises,agreements or warranties,oral or otherwise,have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that the party has not executed this Agreement in reliance on any representation,inducement,promise,warranty,fact or circumstances not expressly set forth in this Agreement. The Agreement, and the attached exhibits,contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter thereof. 16 197862/19-7232/SFF of 3 Tv he City Council of the City of Huntington Beach, California 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. ERICKSON-HALL CONSTRUCTION CO, CITY OF HUNTINGTON BEACH, a a California corporation municipal corporation of the State of California By: Dave Erickson Erik Petes.on, Chief Executive Mayor ND APPROV FORM: By: Mic ael F. Hall Ci Attorney Secretary r wo RECEIVE AND FILE: 9.6h211414“) City Clerk Date .2/NI//9 17 197862/19-7232/SFF of 3 Tv he City Council of the City of Huntington Beach, California Exhibit A VE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. ERICKSON-HALL CONSTRUCTION CO, CITY OF HUNTINGTON BEACH, a a California corporation municipal corporation of the State of California By: Dave Erickson Erik Petes.on, Chief Executive Mayor ND APPROV FORM: By: Mic ael F. Hall Ci Attorney Secretary r wo RECEIVE AND FILE: 9.6h211414“) City Clerk Date .2/NI//9 17 197862/19-7232/SFF of 3 Tv he City Council of the City of Huntington Beach, California 14 4 _ c."411 0.1 I N(71.0A,\ 1,: tJ,Fitt jjj hs+rda+s � isv NTI A0 Po. if REQUEST FOR QUALIFICATIONS FOR Professional Program Management/Program Management at Risk Services for the Huntington Beach Police Department Modernization Project Public Works Department CITY OF HUNTINGTON BEACH Released on November 15,2018 Dave Erickson Erik Petes.on, Chief Executive Mayor ND APPROV FORM: By: Mic ael F. Hall Ci Attorney Secretary r wo RECEIVE AND FILE: 9.6h211414“) City Clerk Date .2/NI//9 17 197862/19-7232/SFF of 3 Tv he City Council of the City of Huntington Beach, California I.EXECUTIVE SUMMARY/INTRODUCTION The City of Huntington Beach,California(City)is soliciting a Request for Qualifications (RFQ)for selection of a Program Management firm for work related to the delivery of the Police Department Modernization(Project),in accordance with the terms,conditions,and requirements set forth in this RFQ. Program Management professional services are being sought by the City for work in two phases:1)Pre- Construction Services including design;and 2)Construction Services.Phase I will be a professional services contract on a not to exceed,time and material basis and Phase II will be a program management at risk contract. The successful firm will provide all program management services and perform as an extension of the City's staff managing all aspects of the projects delivery from design to move in. II.PROJECT DESCRIPTION The current Police Department facility is a 1970's period concrete structure with three levels.The City desires to update the current facility to modern standards to include expanded internal functions, renovate failing utility systems(water,sewer,electrical,fire,and HVAC),remodel/reorganize current spaces,and improve floorplan efficiency. As a 24/7/365 facility,it is critical for the City to maintain security,safety,and key police operations such as the jail,EOC,and communications center. The City's Architect,Westburg+White has completed schematic design. The majority of work proposed to date involves the lower(1st floor)and main(2nd floor)floors of the current structure.The current"all in"budget is projected at$20 million. (See attached Attachment C,work program exhibits by Westburg+White).The successful proposer will be responsible for advancing the project from schematic design through construction and move in. III.SCOPE OF SERVICES The objective of this RFQ process is for the City to identify and select a Program Management(PM)firm to provide professional program management and architectural and engineering design services on a continuous and integrated basis during the design,construction,and occupancy phases of the Project as described in this RFQ. The work scope will be performed in two phases;pre-construction services and construction services. The successful firm will be retained on a time and materials,not to exceed basis to perform all of the services in Phase I of this scope. Phase II will be a negotiated program management at risk(PM@R)contract. At the completion of design development phase,the City will begin negotiations to establish a PM@R contract to deliver the project at a guaranteed maximum price(GMP). If a satisfactory contract cannot be negotiated,the City reserves the right to terminate the current contract at the close of Phase I services and negotiate a standard construction management contract for the construction of the project with the selected firm,other firms on the list that were identified in the City's selection process or revert to a standard bid/build type procurement.A summary of the anticipated services by the PM and its team shall include,but is not limited to,the following: Phase I-Pre-Construction Services Phase I involves all pre-construction design, project management and administration services,including design,design management and coordination services for the project from design development and the production of construction documents through the issuance of a building permit(s). The PM team shall include all necessary consultants to successfully manage and design the project including architectural and engineering(A&E)services,including all required specialty consultants such as structural,MEP,and civil engineering design as well as constructability,cost estimating,and scheduling specialists.The PM Page 12 and its team will perform,oversee,review and coordinate all design work on behalf of the City. Work scope in this phase includes: • Prepare all necessary components of the design development package with special emphasis placed on the following activities: o Addressing functional needs for the Police Department Facility as defined in the City's project program(See Attachments) o Identifying and addressing the relocation and phasing issues connected to maintaining a 24/7 facility. • It is anticipated to relocate the existing dispatch center to the EOC to which minor modifications will be required. • It is expected to relocated the existing locker rooms to the existing Rogers Senior Center and temporary facilities be provided at that location. o Addressing the importance of design,drawing and specification all complying with applicable local and State codes and design standards. • Upon City approval of the Design Development package,prepare all necessary final construction documents and bid packages including documents required for relocation of existing facilities. • Coordinate the City's CEQA compliance and environmental approval process,and integrate into the project. • Develop budgets and or cost estimates at each phase of the design process and recommend design modifications as necessary utilizing Value Engineering principles to seek to keep at or below the construction budget established for the Project.The PM shall provide a formal cost estimate at 100%design development for development of the GMP. • Provide periodic design and constructability reviews including the review and analysis of material,building systems,and components for long term maintenance,life cycle cost analysis, and economy. • Provide Police Services Operations logistic studies to ensure that key Police operations,safety and security are maintained with minimal disruption during construction.This study will include schedule and budget estimates to phase construction and utilize temporary facilities as required. • Provide construction logistic studies including evaluating potential locations for construction trailers,layout area,material storage,construction staff parking and other required areas to facility construction within the Project site and identification of additional off-site locations if required. • Develop and maintain overall Project schedules and manage the Project to ensure that timeframes for deliverables and processes are met. • Provide a quality check on the final construction document and specifications. • Manage furniture,fixture and equipment bidding/procurement and installation. • Assure incorporation(and respond to)all Building Official and other permitting agency comments as appropriate,and facilitate the permitting process. • Secure City issued building permits and all other jurisdictional permits required to construct the Project. • Pre-qualify subcontractors and vendors in advance of the bidding process. Phase II-Construction Services Phase II includes comprehensive program management at risk services during construction and post- construction phases of the project including the installation of furnishings,fixtures,and equipment (FF&E)and coordination of move-in. The proposed PM@R contract will be divided into three components:Basic Services/General Conditions,Construction GMP;and Project Fees. Page 13 equired specialty consultants such as structural,MEP,and civil engineering design as well as constructability,cost estimating,and scheduling specialists.The PM Page 12 When the design documents prepared by the Architect are at a stage of completion at 100%Design Development,the completed design development documents shall be provided to the Program Manager (the"GMP Documents").The Program Manager(PM)shall then submit to the City its proposed guaranteed maximum price(the"GMP Proposal")which shall include the PM's guaranteed completion date,critical path schedule,and the PM's qualifications and assumptions based upon the GMP Documents.The PM,City,and architect,along with selected consultants,shall meet to reconcile any questions,discrepancies or disagreements relating to the GMP Proposal and the GMP Documents.The reconciliation shall be documented by an addendum to the GMP Proposal that shall be approved in writing by the City and PM.The PM shall then submit to the City,for the City's approval,the PM's final GMP Proposal based upon the GMP Documents and the approved qualifications to the GMP Documents. Contingent upon the City's approval of the final GMP Proposal,the parties will enter into a PM@R contract.The final negotiated GMP shall not exceed the project budget for construction.If the proposed GMP exceeds such project budget or the City and PM cannot agree on a GMP,then the City may terminate the phase I contract Agreement and negotiate a standard construction management contract for the construction of the project with the selected firm. If negotiations for a standard construction management contract are not successful,the City reserves the right to take control of all deliverables and documents and negotiate with other firms on the list that were identified in the City's selection process. The parties will engage in an"open book"process in which the City and the PM's team will review bids for trade work,the costs proposed for general conditions/overhead of the PM,and the fee of the PM.The City shall have access to all books,records,documents and other data in the PM's possession related to itself,its subcontractors and material suppliers pertaining to bidding,pricing or performance of the agreement. The PM shall construct the project pursuant to the construction documents and in accordance with the City's schedule requirements.Selection of the pre-qualified subcontractors shall be based on competitive bidding per City requirements. The PM shall be assigned all subcontracts and shall be fully responsible for the means and methods of construction,project safety,project completion within the schedule agreed upon in the pre-construction phase,equal employment,prevailing wage requirements,and submitting monthly reports of these activities to the City. The GMP shall be broken down into the three components as follows: Basic Services/General Conditions Basic services shall include the fixed costs of the necessary personnel to staff the project(including superintendent,project managers,inspection,design team support and miscellaneous support staff)and construction field office(including construction trailers,office supplies/equipment,portable restrooms, copiers,computers,telephone and data,and other equipment as needed)The work scope in Basic Services includes: • Managing the public bidding of the various trade packages and award process in full compliance with the Calif.Public Contract Code. • Providing full and complete construction administration,coordination and construction observation services during construction,including but not limited to the following: • Onsite administration and management • Coordination of the PM design team and consultants under direct contract to the City such as material testing/special inspection. • Project and construction cost management Quality assurance,inspection,and quality control. • Coordinate with the City's Building Inspectors • Dispute resolution. Page 14 • Submittal coordination. •3 Management and processing of Requests for Information(RFI). :• Change order review and negotiations. • Manage construction materials testing,and specialty inspection services. + Provide schedule analysis and continuous updates. • Manage project close-out,including assuring the A&E team provides complete record(As- Built)drawings and operational testing of all building systems. ❖ Construction punch-list management and completion. • Manage substantial and final completion processes,and project acceptance. • Compile program warranties. •3 Deliver operations and maintenance manuals. •3 Coordinate the installation of FF&E and move in activities • Manage final payment and contract closeout for all consultants and contractors under direct contract with the City. • Coordinate warranty work for a period of up to one year Construction The second component of the proposed contract will be the cost of construction.After the completion of 100% design development plans and before the completion of construction documents,the PM shall provide a GMP based upon the 100%DD estimate as discussed above. The PM shall identify costs by trade,allowances,and any work to be self-performed. The construction costs shall include direct expenses such as bond premiums,liability insurance,Builder's Risk Insurance,and other construction expenses necessary to deliver the project. The PM shall coordinate the design team and prepare the various bid packages(including FF&E)and the City will publicly bid the work to be performed by the pre-qualified sub-contractors.The City Clerk shall oversee the opening of the bids;the PM shall review bids and confirm responsiveness;and the City Council will award the contracts and assign them to the PM. The PM shall be responsible for any gaps and allowances to complete the work. Management Fee The third component of the proposed contract will be the management fee which will be in the form of a percentage of total construction cost.The management fee represents markup,overhead,and profit for the PM. IV.AGENCY RELATIONSHIP AND DUTY The PM shall serve as surrogate City staff.The Project will be an"open book"project whereby the City may attend any and all meetings,and the City or its designated auditors or accountants shall have access to any and all records of the PM and its Team,or maintained by the PM relating to the Project. The PM accepts a relationship of trust and confidence between itself and the City,to furnish its best skills and best judgment to cooperate with the City during its design of the Project,to act as the City's Agent assisting in opening bids in accordance with the California Public Contract Code,and in all ways to further the interests of the City and the Project.The PM shall use its best efforts to see to it that the work of the Project is done in the best and most expeditious,economical manner consistent with the interests of the City,and in strict conformity with the contract documents,including all reasonable implications of them. Page 15 the public bidding of the various trade packages and award process in full compliance with the Calif.Public Contract Code. • Providing full and complete construction administration,coordination and construction observation services during construction,including but not limited to the following: • Onsite administration and management • Coordination of the PM design team and consultants under direct contract to the City such as material testing/special inspection. • Project and construction cost management Quality assurance,inspection,and quality control. • Coordinate with the City's Building Inspectors • Dispute resolution. Page 14 V.FIXED-FEE PROFESSIONAL SERVICES Because the PM will only be providing professional services for the benefit of the City,based on a phase by phase not-to-exceed fixed fee for such services,this procurement will be made in accordance with the provisions of Chapter 10 of the California Government Code,Sections 4526 to 4529.5,which requires that firms qualified to provide such services be selected on the basis of demonstrated competence and qualifications for the type of professional services required without regard to fees and,thereafter,who will negotiate a contract with the City for those services at a fair and reasonable fee.The City will pay the PM on a time and materials basis with a Fixed,Not-to-Exceed Professional Services Fee for each phase of the Project.Such fee shall include all costs associated with the PM and its team providing all services through the completion of the project. The PM will be authorized to proceed with each phase of the work generally outlined above on a phase by phase basis. Prior to the beginning of Phase II,with the goal of determining the most economically and efficient way to proceed with the construction of the Project addressing Project budget,schedule and control,the City and the PM will determine whether the construction of the Project shall be contracted under a Program Management at Risk or General Contractor contract.The PM agreement will therefore be augmented or adjusted accordingly to incorporate the agreed upon method of construction. VI.QUESTIONS REGARDING THIS RFQ All questions pertaining to this RFQ must be submitted via Planetbids by December 10,2018 @4pm VII.SCHEDULE The entire period for provision of the PM services described in this RFQ will commence upon execution of the Professional Services Agreement by all parties and will be completed pursuant to the Project Schedule developed jointly by the City and PM(project schedule included as Attachment A). The preliminary procurement schedule is; Release of RFQ 11-15-2018 Deadline for Written Questions 12-10-2018 Reponses to Questions Posted on the City's Website 12-13-2018 Proposal due 12-19-2018 Proposal Evaluation Completed 01-10-2019 Interviews of Shortlisted Firms(tentative) 01-17-2019 Award of Contract 02-04-2019 Start of Services 02-21-2019 Page 16 all have access to any and all records of the PM and its Team,or maintained by the PM relating to the Project. The PM accepts a relationship of trust and confidence between itself and the City,to furnish its best skills and best judgment to cooperate with the City during its design of the Project,to act as the City's Agent assisting in opening bids in accordance with the California Public Contract Code,and in all ways to further the interests of the City and the Project.The PM shall use its best efforts to see to it that the work of the Project is done in the best and most expeditious,economical manner consistent with the interests of the City,and in strict conformity with the contract documents,including all reasonable implications of them. Page 15 the public bidding of the various trade packages and award process in full compliance with the Calif.Public Contract Code. • Providing full and complete construction administration,coordination and construction observation services during construction,including but not limited to the following: • Onsite administration and management • Coordination of the PM design team and consultants under direct contract to the City such as material testing/special inspection. • Project and construction cost management Quality assurance,inspection,and quality control. • Coordinate with the City's Building Inspectors • Dispute resolution. Page 14 VIII.SUBMISSION OF QUALIFICATIONS a. Submission of Qualifications Packages Complete written qualification package must be submitted electronically in PDF file format via the Planetbids.com website no later than 4:00 p.m.(P.S.T)on December 19,2018. In addition to submitting(1)electronic PDF copy,consultant shall submit(5)hard copies to the City no later than 4 PM on December 19,2018. Qualifications packages will not be accepted after this deadline.Faxed or e-mailed submissions will not be accepted. Qualification packages shall be mailed directly to: Cathleen Serrano City of Huntington Beach,Fiscal Services Division 2000 Main Street,Huntington Beach,CA 92648 ATTN:Police Department Modernization Program Management b. Content and Format The City requests that RFQ packages submitted be organized and presented in a neat and logical format and are relevant to these services.Consultant's proposals shall be clear,accurate,and comprehensive.Excessive or irrelevant material will not be favorably received. IX.RFQ CONTENT AND FORMAT The City asks that interested firms submit their firm's standard qualifications package that shall include: Firm Organization,Credentials,Sr Background-include a brief profile of your firm and any team member's firm.Identify the project team that will be working on the City's Project,including organizational chart and lines of authority and area of responsibility. Experience-Consultant's experience with at least three recent public agency projects of similar scope and delivery method,including references with contact person and telephone number,and participation of staff being proposed on this project. Past experience working as a team on Police Department facilities and the logistics of phasing and temporary facilities is desirable.Provide evidence that the proposing firm and its personnel and team members have expertise and experience in management of architecture and related engineering services,program mobilization and supervision,bid evaluation,project scheduling,cost-benefit analysis,claims review and negotiation,and general management and administration of all design and construction components of the project. Provide a demonstrated history for the proposed team of working together and cooperation amongst team members. Identify the proposed key team members(and their respective firms),and provide their qualifications,including individual experience with similar projects and number of years with the firm.Provide resumes of each team member. Project Understanding of Scope/Project Delivery-Detail the consultants understanding of the proposed scope with attention to critical factors and key issues along with the consultant team's understanding of the program manager at risk project delivery. Program Management Approach-Describe your program management philosophy and approach to the PM with emphasis on how this will meet the City's needs.Including the following areas: • State the PM's approach and intended scope of work and related professional services to assure the timely and cost effective completion of the project. • Describe how you will develop,maintain,and update the project schedule during the pre- construction phase and the construction phase. Page 17 ation,coordination and construction observation services during construction,including but not limited to the following: • Onsite administration and management • Coordination of the PM design team and consultants under direct contract to the City such as material testing/special inspection. • Project and construction cost management Quality assurance,inspection,and quality control. • Coordinate with the City's Building Inspectors • Dispute resolution. Page 14 • Discuss your approach to managing project design services,coordinating the work of the PM's A/E team,and communicating with City staff. • Describe your approach to assuring timely completion of this Project,including methods for schedule recovery,if necessary. • Describe your quality control and assurance program.Explain methods and practices used to ensure quality control during the construction phase of the project. • Describe your methodology for generating bidder interest,advertising,and pre-qualifying subcontractors for the project delivery process. • Describe any unique qualifications as they pertain to this particular project. Agreement to City Contract Terms and Ability to Obtain Insurance • Affirm your firm's ability to execute the City's standard Professional Services Agreement(PSA) for project(see Attachment E to this RFQ). The consultant shall carefully review the agreement, especially the indemnity and insurance provisions,and include with the proposal submittal a description of any exceptions requested to the standard contract.if there are no exceptions,a statement to that effect shall be included in the proposal submittal. Please note that the City will be very reluctant to make changes as we feel that the City's current PSA represents a balanced and fair approach that has been acceptable to the engineering and construction management industry. • Provide specific assurance regarding the Firm's ability to secure insurance that meets the City requirements. X.SELECTION PROCESS This RFQ provides the information necessary to prepare and submit qualifications for consideration and ranking by the City.A staff selection panel will evaluate and rank the submitted proposals in the order in which they provide the"best value"based on the selection criteria. Based on the submittals received,the City's Selection Committee may then select up to three(3)of the top ranked respondents to interview regarding qualification for this Project.On the basis of the qualifications, references,interviews,and using the selection criteria listed here,the Committee will make a recommendation identifying the most qualified firm. The City also reserves the right to investigate and rely upon information from other available sources in addition to any documents of information submitted by the firm responding to this RFQ. If the firm responding to this RFQ is selected as one of the finalist in the screening process,the City also reserves the right to request financial information from the firm. Any financial information requested will be held in strictest of confidence and used only in evaluating the financial strength of the submitting organization. The City staff will meet with the successful firm and negotiate the final form of the contract.If good faith negotiations with the selected firm are unsuccessful,the City will terminate such negotiations and undertake new negotiations with another finalist,or finalists,if any.The City reserves the right to reject any or all proposals,at its sole discretion.The authorization for contract award to the PM firm for this Project will be upon approval by the City of Huntington Beach City Council. XL SELECTION CRITERIA Selection of the most qualified PM firm will be based on the submitted Proposal and,if conducted, interviews.All Proposal packages will be evaluated against the criteria listed below: Page 18 ation and management • Coordination of the PM design team and consultants under direct contract to the City such as material testing/special inspection. • Project and construction cost management Quality assurance,inspection,and quality control. • Coordinate with the City's Building Inspectors • Dispute resolution. Page 14 Program Management Capabilities 25% Demonstrates a comprehensive understanding of the Project and knowledge of work required, good description of PM philosophy and processes,record of ability to successfully complete projects of similar scope without major legal or technical problems,demonstrated ability to accommodate the addition of this Project within its work schedule. Qualifications and Technical Capabilities 25% Background of key staff and Team members assigned to this Project,organizational capability, demonstrated ability to manage project costs and meet project budgets and schedules,sensitive approach to public and regulatory concerns,discussion of quality controls,dear organization chart. Previous Experience 25% Provided evidence of expertise and previous experience in providing PM services,specifically with public sector projects and demonstrated qualifications. Provided relevant public sector references. Cost Control/Financial- 25% Understanding of fiduciary responsibility,demonstrated effective cost control methods, demonstrated financial capability,bonding capacity,and ability to meet City's insurance requirements,acceptance of City's standard PSA. XII.GENERAL INFORMATION City's Reservation of Rights:The City may evaluate the proposals based on the anticipated completion of all or any portion of the Project.The City reserves the right to divide the Project into multiple parts,to reject any and all proposals and re-solicit for new proposals,or reject any and all proposals and temporarily or permanently abandon the Project.City makes no representations,written or oral,that it will enter into any form of agreement with any respondent to the RFQ for any project and no such representation is intended or should be construed by the issuance of this RFQ. Acceptance of Evaluation Methodology:By submitting its proposal in response to this RFQ,respondent accepts the City's Quality Based Selection criteria and evaluation process and acknowledges and accepts that determination that the process will require subjective judgments by the City. No Reimbursement for Costs:Respondent acknowledges and accepts that any costs incurred from the respondent's participation in this RFQ process shall be at the sole risk and responsibility of the respondent. Waiver of Claims:Each respondent,in submitting a proposal,is deemed to have waived any claims for damage by reason of the selection of another proposal and/or the rejection of its proposal. XIII.ATTACHMENTS A. Tentative Project Schedule B. Scope of Services Summary C. Conceptual Project Presentation by Westburg+White D. Schematic Design Documents by Westburg+White E. City of Huntington Beach DRAFT Professional Services Agreement(Phase 1 only) Page 19 otiations with the selected firm are unsuccessful,the City will terminate such negotiations and undertake new negotiations with another finalist,or finalists,if any.The City reserves the right to reject any or all proposals,at its sole discretion.The authorization for contract award to the PM firm for this Project will be upon approval by the City of Huntington Beach City Council. XL SELECTION CRITERIA Selection of the most qualified PM firm will be based on the submitted Proposal and,if conducted, interviews.All Proposal packages will be evaluated against the criteria listed below: Page 18 ation and management • Coordination of the PM design team and consultants under direct contract to the City such as material testing/special inspection. • Project and construction cost management Quality assurance,inspection,and quality control. • Coordinate with the City's Building Inspectors • Dispute resolution. Page 14 Exhibit B 4 _ c."411 0.1 I N(71.0A,\ 1,: tJ,Fitt jjj hs+rda+s � isv NTI A0 Po. if REQUEST FOR QUALIFICATIONS FOR Professional Program Management/Program Management at Risk Services for the Huntington Beach Police Department Modernization Project Public Works Department CITY OF HUNTINGTON BEACH Released on November 15,2018 Dave Erickson Erik Petes.on, Chief Executive Mayor ND APPROV FORM: By: Mic ael F. Hall Ci Attorney Secretary r wo RECEIVE AND FILE: 9.6h211414“) City Clerk Date .2/NI//9 17 197862/19-7232/SFF of 3 Tv he City Council of the City of Huntington Beach, California 0°�\tr GT0` +f O rr eW417"-s, ' S � a. L C'`../1"H architecture westbergwhite HUNTINGTON BEACH POLICE FACILITY RENOVATION PROJECT GOAL: Renovation of this 1960's period concrete 3 level police facility structure to allow for needed expansion of some internal functions, renovation of failing old utility systems, i.e. sewer, water, electrical, fire alarm, and HVAC systems. The building has been experiencing failing sewer and water lines, causing internal leaks, impacts to safety and operation consistency. In addition the current building's water heating and HVAC systems are linked to both the City Hall and Police separate building structures. This has caused inefficient function within the Police facility which is a 24/7 need while City Hall has a shorter functional daily duration. Therefore,at times on recycle air is provided in the Communication call center and Locker rooms during off hours from the City Hall operation. Similarly, a lack of sufficient hot water is available at the Police facility showers during these periods. OBJECTIVES: • Separation of HVAC and Hot Water systems between the two buildings for more independent functionality • Replacement of existing failing utility systems and parts • Keep connected functions/components, i.e. Jail, City Hall, Upper Level functions, operating during construction with minimal impacts • Provide adequate expansion space for Men's Locker Room/Rest Room, Communication Center, Exercise Room • Relocate and expand Women's Locker Room/Rest Room and Communication Supervisor Office to Lower Level with direct access to Exercise Room • Relocation of some lower Level Functions to other areas of the building and site due to expanded Lower Level spaces. IMPACTS: • Effects on Functionality of Operations within the Police Facility during renovation • Required Temporary Housing facilities for impacted functions • Temporary facilities for the Communications Center with minimal cost.for infrastructure adjustments during construction period • Security of Segments of Police operations staying in function during relocation period, i.e.Jail, Communications Center(occupying existing EOC on Lower Level) • . Police Vehicle secured storage requirements during renovation • Reconstruction impacts to portions of Main Level recent renovation due to modifications to HVAC system configuration requiring renovation • New exterior attached and detached facility construction to accommodate expansion needs al Project Presentation by Westburg+White D. Schematic Design Documents by Westburg+White E. City of Huntington Beach DRAFT Professional Services Agreement(Phase 1 only) Page 19 otiations with the selected firm are unsuccessful,the City will terminate such negotiations and undertake new negotiations with another finalist,or finalists,if any.The City reserves the right to reject any or all proposals,at its sole discretion.The authorization for contract award to the PM firm for this Project will be upon approval by the City of Huntington Beach City Council. XL SELECTION CRITERIA Selection of the most qualified PM firm will be based on the submitted Proposal and,if conducted, interviews.All Proposal packages will be evaluated against the criteria listed below: Page 18 ation and management • Coordination of the PM design team and consultants under direct contract to the City such as material testing/special inspection. • Project and construction cost management Quality assurance,inspection,and quality control. • Coordinate with the City's Building Inspectors • Dispute resolution. Page 14 dt#01-INGto \ NAT architecture -b.COUNTI ` westbergwhite SCOPE OF WORK This project includes renovation to portions of the Lower Level (Basement) and Main Level of the existing City of Huntington Beach Police Facility. Renovation of Lower Level functions to make room for expansion of some and relocation of others from the Main Level to this Level. Included are expansion of the Men's Locker and restroom facilities, expansion of the Exercise room and Communications Center. This also included relocation and expansion of the Main Level Women's Locker/Restroom to the Lower Level. To make room for these and other Lower Level renovations, required relocation of the Training Department Offices and Armory to the Main Level Breezeway as a new enclosure of an existing outdoor covered space, and creation of a new separate support Armory facility behind the West side of the building. Additional building expansion was incorporated at the Lower Level to accommodate new components for the Communications Center. Another significant portion of the project scope included HVAC system separation from the common system supporting both the Police and City Hall facilities,to allow a more functional 24/7 operating system to support the Police while the City Hall functions on a lesser functional period per day. All Utilities are being upgraded to deal with failing sewer, water, and electrical systems. • Provide adequate expansion space for Men's Locker Room/Rest Room, Communication Center, Exercise Room • Relocate and expand Women's Locker Room/Rest Room and Communication Supervisor Office to Lower Level with direct access to Exercise Room • Relocation of some lower Level Functions to other areas of the building and site due to expanded Lower Level spaces. IMPACTS: • Effects on Functionality of Operations within the Police Facility during renovation • Required Temporary Housing facilities for impacted functions • Temporary facilities for the Communications Center with minimal cost.for infrastructure adjustments during construction period • Security of Segments of Police operations staying in function during relocation period, i.e.Jail, Communications Center(occupying existing EOC on Lower Level) • . Police Vehicle secured storage requirements during renovation • Reconstruction impacts to portions of Main Level recent renovation due to modifications to HVAC system configuration requiring renovation • New exterior attached and detached facility construction to accommodate expansion needs al Project Presentation by Westburg+White D. Schematic Design Documents by Westburg+White E. City of Huntington Beach DRAFT Professional Services Agreement(Phase 1 only) Page 19 otiations with the selected firm are unsuccessful,the City will terminate such negotiations and undertake new negotiations with another finalist,or finalists,if any.The City reserves the right to reject any or all proposals,at its sole discretion.The authorization for contract award to the PM firm for this Project will be upon approval by the City of Huntington Beach City Council. XL SELECTION CRITERIA Selection of the most qualified PM firm will be based on the submitted Proposal and,if conducted, interviews.All Proposal packages will be evaluated against the criteria listed below: Page 18 ation and management • Coordination of the PM design team and consultants under direct contract to the City such as material testing/special inspection. • Project and construction cost management Quality assurance,inspection,and quality control. • Coordinate with the City's Building Inspectors • Dispute resolution. Page 14 Exhibit C 4 _ c."411 0.1 I N(71.0A,\ 1,: tJ,Fitt jjj hs+rda+s � isv NTI A0 Po. if REQUEST FOR QUALIFICATIONS FOR Professional Program Management/Program Management at Risk Services for the Huntington Beach Police Department Modernization Project Public Works Department CITY OF HUNTINGTON BEACH Released on November 15,2018 Dave Erickson Erik Petes.on, Chief Executive Mayor ND APPROV FORM: By: Mic ael F. Hall Ci Attorney Secretary r wo RECEIVE AND FILE: 9.6h211414“) City Clerk Date .2/NI//9 17 197862/19-7232/SFF of 3 Tv he City Council of the City of Huntington Beach, California I .— .. „: .. I Z 1-- 1 • 1* i'l 1 , 't 01 0 ,,,., N.,, 'I' `e - ' ; ' ' I I NM < it. ' ' ; ' - ' ,..ri . ,... , , . . 1.1.1 ct ..,ri ' s'i 03 > ra Z 1p.4:- Z 1 , tro. 0 LLI CD IMM ,Stil. ..17 -.iA; :,...'.. 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Page 14 1T Y t u 0 2Z 00 QF Wa m > 0 zz o � D 0 CD ~ >- zZ _ LLI ~ 2 z � W Q a I I d I-- W LL p ow LI I- - 0 Ua. �,-.- •�i cK eiN� 1z8 S r .4* V;:k., ii PSI ~� 116 "fla',# Hsi/� 0 0 U. 1 U =- c W .ata : I of the City of Huntington Beach, California Exhibit D Y t u 0 2Z 00 QF Wa m > 0 zz o � D 0 CD ~ >- zZ _ LLI ~ 2 z � W Q a I I d I-- W LL p ow LI I- - 0 Ua. �,-.- •�i cK eiN� 1z8 S r .4* V;:k., ii PSI ~� 116 "fla',# Hsi/� 0 0 U. 1 U =- c W .ata : I of the City of Huntington Beach, California The Architectural Schematics for the Project are on file with the Department of Public Works 0 2Z 00 QF Wa m > 0 zz o � D 0 CD ~ >- zZ _ LLI ~ 2 z � W Q a I I d I-- W LL p ow LI I- - 0 Ua. �,-.- •�i cK eiN� 1z8 S r .4* V;:k., ii PSI ~� 116 "fla',# Hsi/� 0 0 U. 1 U =- c W .ata : I of the City of Huntington Beach, California Exhibit E Schematics for the Project are on file with the Department of Public Works 0 2Z 00 QF Wa m > 0 zz o � D 0 CD ~ >- zZ _ LLI ~ 2 z � W Q a I I d I-- W LL p ow LI I- - 0 Ua. �,-.- •�i cK eiN� 1z8 S r .4* V;:k., ii PSI ~� 116 "fla',# Hsi/� 0 0 U. 1 U =- c W .ata : I of the City of Huntington Beach, California z`DI .5..d.14 3= Oi c 2 g U; E as mfF W%O JF d� Q: o z a : W, . -'- OCWi tC g g= 3 ra Of sLL 11 mc� O� „, _ Y Y K n° 00 F} 4 y W U 3 N: 1 z_I J Zt NQ =mm w t5 . <' 1 Y2 m2 - Oct 03 n U-, e. x5 trt Ww';Y QyY OI Q u yqq _ o 1 m 1 . 1 4 1 a —' VI 1 cY 1 m �? 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Q Y > p w > z Q a o u, 0L w . 00 cn2WWC aN 0Zw y � w JN Za CI U) w < NQce mw aCC mixIX VC9 F- } (QjZO NE- J W � � 2 � H Za0 Hm0 U � W V aQ U J F. H W a Z Z Z m � J 2 a W < Q w 2 H W w N p Q a j a J Q 2 = zo vzw 5 � cn } Cew Ov0 OZ0 a -1 w WOE_ ZOp O � W N OQ � � � N Ow U 2 (Hj � 2 � g = Zj W W � � QQ YUQ !- 0 22 v- z0 0WC9 - 0 � Da v) l- a oaa 0 = c2 %- LLCL 2 ? n ZW NNre czw WOw Q > zUO ,,,;,. N M ,t;..---, \t_.,,_.r!,,I.: 's Building Inspectors • Dispute resolution. Page 14 45TI N a il�; P °f Huntington Beach Police Department Modernization PROGRAM MANAGEMENT APPROACH it-. vc Program Management I Program Management-at-Risk u EL°Ut i:;y,* PROGRAM MANAGEMENT APPROACH Erickson-Hall understands that serving as Program Manager/Program Manager-at-Risk puts us in partnership with the City of Huntington Beach and the Huntington Beach Police Department to maximize construction value and quality standards within established budget and schedule parameters. Our team will work closely with the City/Police and Westberg + White to ensure all design decisions are being made on behalf of and in concert with the City/Police. Because we understand that communication is the key to success, we will hold design review meetings at design milestones to discuss project progress, scope, constructability and identify and resolve issues. In addition to project planning, Erickson-Hall's design phase services will include developing and refining the project schedule, validating and refining the project budget, exploring value engineering options to ensure the City/Police are receiving the best quality project for the best value, and conducting design and constructability reviews to ensure construction in the field is not interrupted with costly construction conflicts. Erickson-Hall will take ownership of the City/Police goals and objectives and will work in cooperation and transparency to ensure this project is completed within an agreed upon Guaranteed Maximum Price and established schedule parameters. • DESIGN/PRECONSTRUCTION PHASE Erickson-Hall will apply comprehensive management and controls to the project on behalf of the City/Police in many areas, including: Cost I Budget Review I Estimating - Our estimating department includes a full-time staff of estimators and support personnel. Utilizing our extensive experience cultivated over the past two decades in the construction of essential service facilities,as well as modernization of occupied environments,we will develop a cost estimate in CSI format to validate the existing budget. During construction, costs will be managed utilizing Timberline cost accounting Through a highly interactive team software. Project costs will be easily tracked allowing our team environment,the City, Police, to forecast future costs based on expenditures to date. We l will perform monthly reviews to ensure that commitments are Westberg +White and Erickson- made timely and actual costs are tracking within the established Hall will work together to maximize budget. the City's construction dollars while » Quality Control I Constructability Reviews - Erickson- j improving the overall quality of the Hall will conduct a thorough constructability review utilizing project. a coordination checklist including, but not limited to, offsite utilities, utility points of connection, design discipline overlays, verification of door, window and finish schedules, review of equipment service connections, validating plan dimensions, and completeness of project specifications. All constructability comments will be tracked on a Constructability Log and reviewed with the design team. • Verification of Existing Conditions -Our design team already has extensive knowledge of the existing building, mechanical systems, the City's desired program and project outcome. Erickson-Hall will visit the site to validate the design team's understanding,verify constructability,and identify potential unforeseen cost items. • Submittal/Shop Drawings/RFIs - Erickson-Hall, in collaboration with Westberg + White, will review all submittals, shop drawings and RFIs for accuracy and conformance with contract documents. We will suggest and require mock-ups be included in specifications to ensure desired standards are achieved. Our Superintendent will perform"pre-inspections"when trade contractors submit Inspection Requests to assure each item is indeed ready for Inspection. This pre-inspection procedure will be included in Scheduling Pull Planning sessions. Value Engineering -True value engineering results in alternate, less costly means, methods, materials and building systems that do not alter the original design intent or baseline program. When validating the project cost estimates,we will solicit value engineering proposals from trade contractors/suppliers and review Erickson- Hall's historical value engineering data applicable to the Huntington Beach Police Modernization. Erickson-Hall and Westberg+White will review potential value engineering proposals with the City/Police. a Project Scheduling-Erickson-Hall utilizes industry-leading CPM software and is experienced with developing detailed project schedules. We will expand the Preliminary Project Schedule provided HJ4 by the City and refine critical project milestones during design and construction. Regular ,ti updates will be performed to evaluate actual performance against the baseline schedule. If t1� delays are encountered, routine updates will provide early notice allowing implementation `',1=.. V westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture �f°Utuirac PROGRAM MANAGEMENT APPROACH (:, r!o/ . . 4� Huntington Beach Police Department Modernization ,� � rn, Program Management I Program Management-at-Risk r.,bl .,6:oui T ilY-Qt • Pull Planning-In order to fully utilize the effectiveness of our program/construction management team,during construction Erickson-Hall will coordinate Pull Planning Sessions with trade contractors and will update the Pull Planning Schedule, as well as produce look ahead schedules to ensure all contractors are on target to achieve milestone goals. Pull Planning is a commitment-based planning system where all team members continuously concentrate on eliminating waste and maximizing value by focusing on time.Every milestone and construction operation activity,from groundbreaking through closeout,will be reviewed.Time commitments will be made by the trades. Commitments will be continually updated and unforeseen impacts overcome, as the team works toward the common goal of on time,on budget completion for the Project. » Bidding I Subcontractors I Outreach-Erickson-Hall will develop and implement an aggressive outreach program focused on identifying,prequalifying and contracting with qualified subcontractors.We will develop prequalification requirements for all applicable trades. Erickson-Hall's reputation attracts highly qualified subcontractors to the work we manage throughout Southern California. » Regulatory Agency Reviews & Approvals - City/Police needs will always be at the center of our project approach. The Erickson-Hall/Westberg + White Team will obtain all necessary reviews and approvals from the various regulatory agencies. We will make revisions and corrections consistent with agency reviews and will obtain final approvals from governing authorities to secure final approvals. Erickson-Hall will ensure compliance with City standards and processes. • CONSTRUCTION PHASE Erickson-Hall's construction team will manage the administrative aspects of the project (submittals, RFIs, monthly billings, progress meetings, as-built drawings). Our Project Superintendent will be responsible for coordinating all jobsite activities,including strict enforcement of Erickson-Hall's Quality Control and Safety Programs.We will conduct weekly construction meetings with the City/Police to review construction progress, hold separate meetings with contractors to carefully coordinate the work of the various trades, review schedule progress and quality of the work. Safety will be closely monitored—our safety program features daily safety inspections, weekly site safety meetings and periodic, unannounced site audits by our corporate safety officer, chief operating officer and chief executive officer. » Safety I Injury and Illness Prevention Program Erickson-Hall's Safety Program is a vibrant and successful part of our company business. In order to achieve the corporate goals of"zero accidents" or"lost time injuries," a rigorous safety plan has been established for implementation at every jobsite. The Erickson-Hall Safety / IIPP Program was developed in strict compliance with both federal and CAL-OSHA regulations, and in fact exceeds the state regulations to ensure a safe working environment for all employees, subcontractors and jobsite visitors. • Safety on the Project Site- Erickson-Hall is a nationally recognized leader in executing construction safely, both on the jobsite and beyond the construction fence. All contractor personnel will attend an orientation meeting prior to starting work. Project safety rules and code of conduct will be reviewed and accepted prior to start of work. As of December 19, 2018(due date for our RFP response, Erickson-Hall has operated for 9 years, 11 months, and 13 days without a lost time accident. Our current EMR rating is .70. » Quality Control Procedures During Construction Erickson-Hall follows the United States Navy/Army Corps of Engineers QA/QC Program format. The Quality Control Program is an important aspect of any project and consists of a Quality Control Manager (typically the Superintendent), Submittal Reviewers, and the independent testing laboratory for material sampling, testing and inspection. Our Superintendent will conduct the following three phases of control: • Preparatory Phase— Prior to trade contractors starting work, we will hold trade contractor pre-installation meetings and review applicable specifications, drawings, submittals and testing plans. We examine the work area to ensure required preliminary work is completed and examine materials for conformance with approved submittals. We also review the safety plan and ensure applicable SDS are on file at the jobsite and discuss construction methods. • Construction Phase — Upon commencement of the work, establish the quality of ��Iti workmanship required, resolve conflicts, review safety plan and coordinate with the / — Testing agency for required testing. , , • Follow-up Phase—Ongoing with the work,enurje that the work is in compliance with the westbergwhlte architecture outine updates will provide early notice allowing implementation `',1=.. V westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture ��'�'y..T v PROGRAMMANAGEMENT APPROACH ',---(/o`.. s Huntington Beach Police Department Modernization - s; Program Management I Program Management-at-Risk ; . Gtk\t..„. contract requirements,quality of workmanship is maintained,testing is performed and rework items corrected. Quality Control will be implemented and monitored by the Superintendent and will include pre-installation meeting reports, dailies identifying the scope of work performed with abnormalities noted, a rework item list, and copies of the testing agency's test results. • POST CONSTRUCTION SERVICES During the construction phase, record drawings (as-builts) will be maintained at the site by our Superintendent. He will ensure trade contractors update record drawings weekly to reflect underground and concealed work. Upon construction completion, record drawings will be scanned and saved electronically. Our team will consolidate and provide electronic and hard copy files in tabbed binders for O&M Manuals and Warranties. Record documents will be incorporated into an electronic dashboard and will include submittals, O&M Manuals, plans, as-builts, project changes,dailies, reports and all other pertinent information relative to the project.We will schedule training for City/ Police personnel following start-up and commissioning. If feasible,training will be videotaped for future use. • CRITICAL ISSUES After a careful review of the RFP documents,including the schematic design documents,Erickson-Hall,in collaboration with Westberg+White Architects has developed a list of critical issues related to the design and construction of the Huntington Beach Police Department Modernization Project. Once selected, our team will work with the City/Police to develop a detailed Project Implementation Plan ensuring work is executed within agreed upon cost and schedule parameters and without disruption to Police Department operations. Following are the critical issues that we believe are integral to ensuring a successful project delivery: » Dependency of Systems Support from City Hall Creates Systems Inadequacies - In order to improve inadequate air and water services to the facility,our proposed remedy is to separate both systems from connection to the existing systems within the City Hall building.This will not impact existing services to that building, but will allow independent newly installed systems within the Police Facility.This will provide adequate air supply to the Lower Level facilities with zoned separation between wet and dry components. It will also provide adequate hot water supply to the Locker Room Showers which has been inadequate in the past. Modifications to HVAC equipment has significant reconfiguration challenges within existing cramped and concrete wall enclosed utility rooms. Some existing equipment requires dismantling in order to remove and replace with new equipment, all within constricted spaces. » Replacement of Existing Failing Utility Systems& Parts -The current design proposes replacement of the existing failing sewer system under the facility Lower Level and up to connecting points of service at the underside of the Main Level, while maintaining existing sewer service to the Jail and EOC components on the Lower Level.The HVAC system components serving the Lower and Main Levels are one system.Although most of the modifications are required at the Lower Level, any separation or major modification to that level will mandate an upgrade to the Main Level as well, since it is an existing dual duct system that cannot be renovated to meet current standards.Therefore,this portion of the building's HVAC system will be replaced and separated with new zoned packaged equipment placed on the roof,while some air handling equipment will be located within existing and new on-floor locations. A new hot water system will be provided to this facility to replace the supply provided from equipment existing in City Hall; this will correct inadequate water service to the Locker/Restrooms on the Lower Level. a Maintain Uninterrupted Operations-To maintain building operations and to retain functionality of select building system components during construction,the following strategy is being considered:The Jail, City Hall, and EOC can operate on their own utility systems(water, power, HVAC,etc.)which can be separated to function with little impact throughout construction.The Upper level functions of the Police Facility may be impacted with some utility interruptions while power and plumbing improvements are being made to the main facility, but an attempt to maintain access to this level is being considered via an operational main lobby,elevator and stair,and secondary exit stair.The Upper Level has an independent HVAC system which should not be impacted by replacement of the lower level systems. It is our intent to maintain front desk public operations during construction of the Lower and Main Levels of the facility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture �o`�'��"tir, 4 Huntington Beach Police Department Modernization PROGRAM MANAGEMENT APPROACH vr Wit, s Program Management I Program Management-at-Risk » Communications Department Configuration-The existing Communications space does not allow for needed expansion and presents a dark, unengaging environment. The Communications Director's office is far away from the main communications space. Relocation of the communications space to the west wall of the Lower Level allows for supplemental natural lighting opportunities and expansion of a number of workstations.A built expansion to the west Lower level wall allows for relocation of the Communication Director's office and the addition of a small break room and outdoor patio to help relieve stress of communications staff.The roof doubles as an outdoor deck for the break room above. — Communications Equipment Location - The existing Communication Equipment Room was originally proposed to be moved to be adjacent with the new location.To save the cost of moving equipment to a new location,it is now proposed that the Communications Equipment Room remain in its current location with new wiring through the ceiling to connect to the new Communications Room. Expansion Space for Men's Locker Room/Restroom,Communication Center, Exercise&Training Room - Expansion and reconfiguration of the existing Men's Locker Room to accommodate added staffing/growth needs and ADA compliant restroom/shower facilities needs to be considered.The Communications Center was reconfigured and relocated to provide 12 stations within the same area versus the prior 8 stations in one room and 2 separate stations in an adjacent room,while also providing an exterior stress relieving natural light source, and attached break room (currently non-existing) and,supervisor office (currently on another floor) for better supervision and operation.The existing cramped narrow and subdivided configuration of the Exercise&Training Room was replaced by a more rectilinear and efficient equipment layout facility with direct access from both Men's and Women's Locker Rooms. » Relocate& Expand Women's Locker Room/Restroom and Communication Supervisor Office to Lower Level with Direct Access to Exercise Room-The revised configuration provides relocation of the expanded staff growth for the Women's Locker Room/Restroom and accessible restroom/shower facilities from the Main Level down to the Lower Level with direct access to the Exercise &Training Room which was previously on a separate level. The Communications Manager's office was also relocated to the Lower Level attached to the Communications Room with direct supervision and visual overview of this entire area versus its prior location on a different level. » Relocation of Select Lower Level Functions—Due to Lower Level function growth and Main Level function relocation requests from Department Operations, some existing components of the Main Level will require relocation to alternate locations, including expansion of the Communications Department, SWAT Armory, and Training Offices. — Armory-The police officers desire a one-way,walk-through concept for the Armory with a room for weapons and a room for radios.Due to expansion of Communications and Locker Rooms on the lower level,the SWAT Armory may require a new building located in the back parking area due to expanded programs on the Lower Level. — Breezeway-The breezeway infill expansion is driven by Lower Level Locker Room expansion due to personnel growth and relocation of Women's Locker Room to the Lower Level, need for expanded Training office with one or two additional workstations, need for Community Training Room to enhance community outreach at the Police Department. Using the Breezeway as an infill space may have potential for accommodating some programs at a lower construction cost than an entire new building. » Structural Challenges I Structural Limitations Lower Level existing concrete sheer wall configuration creates challenges with space utilization without creating significant construction modification costs. Structural has been informed of these issues and has proposed locations of potential openings, as well as strengthening strategies where necessary, as part of Westberg + White's schematic design activities—further analysis is needed in Design Development. » Reconfiguration of Lab Space - Programming has identified inefficiencies in lab space usage on the Main Level. Consideration should be given to reduction of space to accommodate expanded i�l\ and mechanical equipment needs. t program )) .�...��. MY- 53 westbergwttite architecture the lower level systems. It is our intent to maintain front desk public operations during construction of the Lower and Main Levels of the facility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture ,,olit+GT. "Oc , Huntington Beach Police Department Modernization PROGRAM MANAGEMENT APPROACH (\s„....._ .?,. �Y�x Program Management I Program Management-at-Risk 4F �CFcoutiTV;,V i u Soil Restrictions-The City of Huntington Beach Police Modernization Project must comply with Department of Toxic Substances Land Use Covenant to ensure no further violations of the law—Violation occurred in 2016 during construction of 9/11 Memorial. • Security Issues -Additional controlled access is needed for all expansions. Security equipment and monitoring devices must be reviewed during Design Development. , N Stair and Elevator Accessibility - Stair guardrails and handrails are not compliant with current code. Further building and code analysis is needed in Design Development to determine if upgrades are required.The architect has measured the existing elevator's interior dimensions, and they do comply with dimensional requirements. Further analysis during Design Development is needed to confirm this preliminary finding. ',y 1 54 `westbergwhlte architarture the ceiling to connect to the new Communications Room. Expansion Space for Men's Locker Room/Restroom,Communication Center, Exercise&Training Room - Expansion and reconfiguration of the existing Men's Locker Room to accommodate added staffing/growth needs and ADA compliant restroom/shower facilities needs to be considered.The Communications Center was reconfigured and relocated to provide 12 stations within the same area versus the prior 8 stations in one room and 2 separate stations in an adjacent room,while also providing an exterior stress relieving natural light source, and attached break room (currently non-existing) and,supervisor office (currently on another floor) for better supervision and operation.The existing cramped narrow and subdivided configuration of the Exercise&Training Room was replaced by a more rectilinear and efficient equipment layout facility with direct access from both Men's and Women's Locker Rooms. » Relocate& Expand Women's Locker Room/Restroom and Communication Supervisor Office to Lower Level with Direct Access to Exercise Room-The revised configuration provides relocation of the expanded staff growth for the Women's Locker Room/Restroom and accessible restroom/shower facilities from the Main Level down to the Lower Level with direct access to the Exercise &Training Room which was previously on a separate level. The Communications Manager's office was also relocated to the Lower Level attached to the Communications Room with direct supervision and visual overview of this entire area versus its prior location on a different level. » Relocation of Select Lower Level Functions—Due to Lower Level function growth and Main Level function relocation requests from Department Operations, some existing components of the Main Level will require relocation to alternate locations, including expansion of the Communications Department, SWAT Armory, and Training Offices. — Armory-The police officers desire a one-way,walk-through concept for the Armory with a room for weapons and a room for radios.Due to expansion of Communications and Locker Rooms on the lower level,the SWAT Armory may require a new building located in the back parking area due to expanded programs on the Lower Level. — Breezeway-The breezeway infill expansion is driven by Lower Level Locker Room expansion due to personnel growth and relocation of Women's Locker Room to the Lower Level, need for expanded Training office with one or two additional workstations, need for Community Training Room to enhance community outreach at the Police Department. Using the Breezeway as an infill space may have potential for accommodating some programs at a lower construction cost than an entire new building. » Structural Challenges I Structural Limitations Lower Level existing concrete sheer wall configuration creates challenges with space utilization without creating significant construction modification costs. Structural has been informed of these issues and has proposed locations of potential openings, as well as strengthening strategies where necessary, as part of Westberg + White's schematic design activities—further analysis is needed in Design Development. » Reconfiguration of Lab Space - Programming has identified inefficiencies in lab space usage on the Main Level. Consideration should be given to reduction of space to accommodate expanded i�l\ and mechanical equipment needs. t program )) .�...��. MY- 53 westbergwttite architecture the lower level systems. It is our intent to maintain front desk public operations during construction of the Lower and Main Levels of the facility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture „✓; ITZ AGREEMENT TO CONTRACT TERMS ``4,,, Huntington Beach Police Department Modernization �, r x Program Management I Program Management-at-Risk ABILITY TO OBTAIN INSURANCE v o� eFr” 4�+�i17`ir . AGREEMENT TO CONTRACT TERMS Erickson-Hall takes no exceptions to the contract terms issued by the City of Huntington Beach. ABILITY TO OBTAIN INSURANCE In order to show Erickson-Hall's ability to obtain required insurance,a current Certificate of Insurance and a bonding capacity letter are provided immediately following this page. �4\ (2.1» 56 wesfbe►'gwhite architecture ~� 116 "fla',# Hsi/� 0 0 U. 1 U =- c W .ata : I of the City of Huntington Beach, California Exhibit F REEMENT TO CONTRACT TERMS ``4,,, Huntington Beach Police Department Modernization �, r x Program Management I Program Management-at-Risk ABILITY TO OBTAIN INSURANCE v o� eFr” 4�+�i17`ir . AGREEMENT TO CONTRACT TERMS Erickson-Hall takes no exceptions to the contract terms issued by the City of Huntington Beach. ABILITY TO OBTAIN INSURANCE In order to show Erickson-Hall's ability to obtain required insurance,a current Certificate of Insurance and a bonding capacity letter are provided immediately following this page. �4\ (2.1» 56 wesfbe►'gwhite architecture ~� 116 "fla',# Hsi/� 0 0 U. 1 U =- c W .ata : I of the City of Huntington Beach, California % Huntington Beach Police Department Modernization FEE DETAIL Program Management Program Management-at-Risk FEE DETAIL Erickson-Hall's fee proposal includes fees to perform Program Management for Phase 1 Preconstruction Services from current Schematic Design through Design Development, Construction Drawings, Permitting, Bidding and establishing the Phase 2 Construction GMP. Our fees cover the entire preconstruction Phase 1 all the way until the start of construction. The following is a detail breakdown of our fee proposal: # PHASE 1 PRECONSTRUCTION FEE DETAIL PRECONSTRUCTION GMP 1 Phase 1-Lower&Main Levels Only(-20-29K SF)("15-16mlI HCoC) Total A&E Design/Engineering/FF&E-DDs,CDs,Bidding(breakdown per 2 items 2.1-2.2 below) $1,026,241 2.1 A&E Design Development$358,276 2.2 A&E Construction Drawings$667,965 3 Design Phase Contingency $130,000.00 4 EHCC PM/CM Services-Phase 1 $418,000 5 Haz Abatement Survey-By City 7 Geotechnical Update-By City 8 DTSC Soils Plan Budget Allowance $15,500 9 Subtotal $1,589,741 10 Precon/A&E Reimbursable Budget Allowance(to be billed at cost+10%) $10,000 12 Grand Total Preconstruction Phase 1 $1,599,741 13 Performance/Payment Bonds(N/A.To be Provided in Construction Phase 2) - 14 Construction Phase 2-GMP TBD Our proposed services are based on the documents and schedule provided in the City's RFQ dated November 15, 2018. The overall fee proposal is based upon an assumed Hard Cost of Construction of between $15-$16 million and an assumed total project program cost of no greater than $20 million. Our team recognizes that the Schematic Design process is complete and relies on the fact that the Schematic Design Drawings provided by the City in the RFQ accurately capture the programming needs of the Police Department and the City. QUALIFICATIONS Our services include: • Design by Westberg White Architects and their Engineering Consultants • PM/CM Preconstruction Services • Coordination of City's CEQA Process (we assume the project will be CEQA Exempt) • Management of City Geotechnical & Hazardous Materials Consultants • Progress Estimates/Budgets • Constructability Reviews • Project Scheduling • Furniture, Fixtures& Equipment Design (FF&E) and coordination with City FF&E Vendor/Consultant • Permitting • Bidding A Preconstruction/A&E Reimbursable Budget Allowance of $15,000 is included to cover standard reimbursable items such as printing and mailing costs. Reimbursable expenses are to be billed at actual costs plus+ 10%. EXCLUSIONS • Hazardous materials investigation is excluded. Erickson-Hall does not know if the facility has previously been assessed for the presence of hazardous materials(lead and asbestos)or if the building has been abated during past renovations. If a hazardous materials survey and report are needed, our team can solicit proposals for adding this service to the project for an added fee or as a design contingency item, based upon negotiations with the City. • Our fee includes a budget allowance for preparation of a DTSC Soils Management Plan in compliance with the LUC agreed to by the City and DTSC. If costs in excess of this allowance are required to satisfy DTSC, it will be as an additional service to the project for an added fee or as a design M `• contingency item, based upon negotiations with the City. aI 1 � westbergviNt 1 architecture enhance community outreach at the Police Department. Using the Breezeway as an infill space may have potential for accommodating some programs at a lower construction cost than an entire new building. » Structural Challenges I Structural Limitations Lower Level existing concrete sheer wall configuration creates challenges with space utilization without creating significant construction modification costs. Structural has been informed of these issues and has proposed locations of potential openings, as well as strengthening strategies where necessary, as part of Westberg + White's schematic design activities—further analysis is needed in Design Development. » Reconfiguration of Lab Space - Programming has identified inefficiencies in lab space usage on the Main Level. Consideration should be given to reduction of space to accommodate expanded i�l\ and mechanical equipment needs. t program )) .�...��. MY- 53 westbergwttite architecture the lower level systems. It is our intent to maintain front desk public operations during construction of the Lower and Main Levels of the facility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture "L Fp Huntington Beach Police Department Modernization oagINSto n FEE DETAIL Program Management I Program Management-at-Risk • £ ,dCDUNi� • Costs for all permits and plan check fees/costs required for the project are excluded.We have not included permitting fees, plan check costs, assessments, school fees, easements, DTSC and other AHJ, agency or governmental fees or costs which may or may not be required for design and/or construction of the project. • Geotechnical Investigation is excluded. It is unknown to Erickson-Hall if the permitting authority will require a geotechnical investigation report or if the facility has a current geotechnical investigation report which can be utilized for the design, if required. If a geotechnical investigation report is needed, our team can solicit proposals for adding this service to the project for an added fee or as a design contingency item, based upon negotiations with the City. • Independent or third-party testing or consulting companies such as waterproofing, peer reviews, LEED, or other specialized third-party services are excluded. • Preparation of commissioning specifications required by Cal Green (Title 24) are included in the proposed design fees. Our team has not included fees to provide a commissioning agent as these services are to be performed as a part of the Construction Phase 2 services. • Costs for professional surveying, subsurface investigations, subsurface utilities investigation/location and/or coordination (other than review of City-provided existing record information)are excluded. It is assumed the utilities proposed to be added/modified by the schematic design documents, and/or the existing utilities that service the property, are adequate for the proposed project improvements. • It is assumed that all existing site access to the Police Department building meets current ADA standards and that any corrections required to satisfy ADA for the proposed new improvements are minor in nature and are solely inside the facility • Design of unknown site/offsite improvements and design for other facilities, (temporary or otherwise)whether they be onsite or offsite, are excluded. • A&E Design/Engineering/FF&E and other professional services furnished by consultants to EHCC to be billed to the City as completed and/or per design phase progress(DD, CD, Bidding) per mutually agreed upon schedule of values. EHCC direct PM/CM services to be billed to the City at hourly rates. • Move management, "game planning", for staff relocations during construction to insure continuous operations is included by Erickson-Hall in our fee proposal. 1 )All wesibergwhite 2 architecture LUSIONS • Hazardous materials investigation is excluded. Erickson-Hall does not know if the facility has previously been assessed for the presence of hazardous materials(lead and asbestos)or if the building has been abated during past renovations. If a hazardous materials survey and report are needed, our team can solicit proposals for adding this service to the project for an added fee or as a design contingency item, based upon negotiations with the City. • Our fee includes a budget allowance for preparation of a DTSC Soils Management Plan in compliance with the LUC agreed to by the City and DTSC. If costs in excess of this allowance are required to satisfy DTSC, it will be as an additional service to the project for an added fee or as a design M `• contingency item, based upon negotiations with the City. aI 1 � westbergviNt 1 architecture enhance community outreach at the Police Department. Using the Breezeway as an infill space may have potential for accommodating some programs at a lower construction cost than an entire new building. » Structural Challenges I Structural Limitations Lower Level existing concrete sheer wall configuration creates challenges with space utilization without creating significant construction modification costs. Structural has been informed of these issues and has proposed locations of potential openings, as well as strengthening strategies where necessary, as part of Westberg + White's schematic design activities—further analysis is needed in Design Development. » Reconfiguration of Lab Space - Programming has identified inefficiencies in lab space usage on the Main Level. Consideration should be given to reduction of space to accommodate expanded i�l\ and mechanical equipment needs. t program )) .�...��. MY- 53 westbergwttite architecture the lower level systems. It is our intent to maintain front desk public operations during construction of the Lower and Main Levels of the facility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture \\t 111�u^Tp7 {o ar ''�`,o , Huntington Beach Police Department Modernization HOURLY BILLING RATES \�, Program Management I Program Management-at-Risk �Lc OUt4110�4o HOURLY BILLING RATES • Project Executive/Director $ 165 • Construction Manager $160 • Senior Project Manager $155 • Project Manager $ 145 • Preconstruction Manager $ 140 • Assistant Project Manager/Project Engineer . $ 140 • Superintendent $ 135 • Assistant Superintendent $ 120 • Constructability Reviewer $ 130 • Chief/Sr. Estimator $ 135 • Estimator $130 • BIM Manager/Coordinator $ 140 • Scheduler $ 130 • Administration ' $ 75 • Accounting $125 • lT Support $ 95 ,t= a• \�ew k.Yr♦i westbergwhite architecture 3 peer reviews, LEED, or other specialized third-party services are excluded. • Preparation of commissioning specifications required by Cal Green (Title 24) are included in the proposed design fees. Our team has not included fees to provide a commissioning agent as these services are to be performed as a part of the Construction Phase 2 services. • Costs for professional surveying, subsurface investigations, subsurface utilities investigation/location and/or coordination (other than review of City-provided existing record information)are excluded. It is assumed the utilities proposed to be added/modified by the schematic design documents, and/or the existing utilities that service the property, are adequate for the proposed project improvements. • It is assumed that all existing site access to the Police Department building meets current ADA standards and that any corrections required to satisfy ADA for the proposed new improvements are minor in nature and are solely inside the facility • Design of unknown site/offsite improvements and design for other facilities, (temporary or otherwise)whether they be onsite or offsite, are excluded. • A&E Design/Engineering/FF&E and other professional services furnished by consultants to EHCC to be billed to the City as completed and/or per design phase progress(DD, CD, Bidding) per mutually agreed upon schedule of values. EHCC direct PM/CM services to be billed to the City at hourly rates. • Move management, "game planning", for staff relocations during construction to insure continuous operations is included by Erickson-Hall in our fee proposal. 1 )All wesibergwhite 2 architecture LUSIONS • Hazardous materials investigation is excluded. Erickson-Hall does not know if the facility has previously been assessed for the presence of hazardous materials(lead and asbestos)or if the building has been abated during past renovations. If a hazardous materials survey and report are needed, our team can solicit proposals for adding this service to the project for an added fee or as a design contingency item, based upon negotiations with the City. • Our fee includes a budget allowance for preparation of a DTSC Soils Management Plan in compliance with the LUC agreed to by the City and DTSC. If costs in excess of this allowance are required to satisfy DTSC, it will be as an additional service to the project for an added fee or as a design M `• contingency item, based upon negotiations with the City. aI 1 � westbergviNt 1 architecture enhance community outreach at the Police Department. Using the Breezeway as an infill space may have potential for accommodating some programs at a lower construction cost than an entire new building. » Structural Challenges I Structural Limitations Lower Level existing concrete sheer wall configuration creates challenges with space utilization without creating significant construction modification costs. Structural has been informed of these issues and has proposed locations of potential openings, as well as strengthening strategies where necessary, as part of Westberg + White's schematic design activities—further analysis is needed in Design Development. » Reconfiguration of Lab Space - Programming has identified inefficiencies in lab space usage on the Main Level. Consideration should be given to reduction of space to accommodate expanded i�l\ and mechanical equipment needs. t program )) .�...��. MY- 53 westbergwttite architecture the lower level systems. It is our intent to maintain front desk public operations during construction of the Lower and Main Levels of the facility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture AC0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 0310412019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ACT Wella Campbell Alltant Insurance Services,Inc. PHONE FAX 701 B Street,6th floor ra/c.No.Extl:619-849-3924 IA/C,No)_619-699-2165 San Diego CA 92101 ADDRESS: wcampbell©alliant.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Fire Insurance Company 19682 - INSURED ERICCON-01 INSURER B:Pacific Insurance Company,Limited 10046 Erickson-Hall Construction Company 500 Corporate Dr INSURER C:Hartford Underwriters Insurance Company 30104 Escondido CA 92029-1353 INSURERo:Allied World Assurance Company 19489 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:960544890 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTRINSD VD POLICY NUMBER (MMIOD/YYYYI IMMIDD/YYYYI C )( COMMERCIAL GENERAL LIABILITY 72 UEA QT6794 8/15/2018 8/15/2019 EACH OCCURRENCE $1,000,000 —DAMAGE TRENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 X Blnkt Contr MED EXP(Any one person) $10,000 X BFPDIXCU PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X jECOT- LOC APPROVED AS TO FORM PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: " ' DED $5,000 BI/PD A AUTOMOBILE LIABILITY %UFA 67 /' 5/2018 8/15/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea acddent) X ANY AUTO MICHAEL E.GATES BODILY INJURY(Per person) $ X OWNED X SCHEDULED CITY ATTORNEY BODILY INJURY(Per accident) $ AUTOS ONLY • AUTOS CITY OF HUNTINGTON BEACH X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY ,(Per accident) D UMBRELLA LIAB X OCCUR 0311-4829 8/15/2018 8/15/2019 EACH OCCURRENCE $20,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED X RETENTION$iNino $ A WORKERS COMPENSATION 72 WEA QT6792 8/15/2018 8/15/2019 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN ANYPROPRIETORIPARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFF ICER/MEMBER EXCLUDED9 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 B yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Contractors 72 CPI HA7929 8/15/2018 8/15/2019 Each Claim $2,000,000 Professional&Pollution Aggregate $4,000,000 I (Iity ( S R $25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Modemize the lower and main levels of the Police Department Facility,2000 Main Street,Huntington Beach. City Of Huntington Beach,its elected or appointed officials,agents,officers,employees and volunteers are included as Additional Insureds on primary and non-contributory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture POLICY NUMBER: 72 UEA QT6794 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s)Or Location(s) Or Organization(s): Of Covered Operations: "City of Huntington Beach,its elected or appointed 2000 Main St,Huntington Beach officials,agents,officers,employees and volunteers Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Q p A. With respect to those person(s)or organization(s) (3) In connection with "your work" for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide insurance such as is afforded under this and included within the "products- policy to them, Subparagraph f., Any Other completed operations hazard",but only if: Party, under the Additional Insureds When (a) The written contract or written Required By Written Contract, Written agreement requires you to provide Agreement Or Permit Paragraph of Section II— such coverage to such additional Who Is An Insured is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule;and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "property damage" included within the "bodily injury", "property damage"or"personal "products-completed operations and advertising injury" caused, in whole or in hazard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown in the Schedule applies: (1) In the performance of your ongoing (1) Only if the "bodily injury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or locations) designated in advertising injury"offense is committed: the Schedule; (a) During the policy period;and (2) In connection with your premises owned (b) Subsequent to the execution of such by or rented to you and shown in the Schedule;or written contract or written agreement; and Form HS 24 80 07 13 Page 1 of 2 © 2013,The Hartford (Includes copyrighted material of Insurance Services Office,Inc.,with its permission.) S BODILY INJURY(Per person) $ X OWNED X SCHEDULED CITY ATTORNEY BODILY INJURY(Per accident) $ AUTOS ONLY • AUTOS CITY OF HUNTINGTON BEACH X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY ,(Per accident) D UMBRELLA LIAB X OCCUR 0311-4829 8/15/2018 8/15/2019 EACH OCCURRENCE $20,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED X RETENTION$iNino $ A WORKERS COMPENSATION 72 WEA QT6792 8/15/2018 8/15/2019 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN ANYPROPRIETORIPARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFF ICER/MEMBER EXCLUDED9 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 B yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Contractors 72 CPI HA7929 8/15/2018 8/15/2019 Each Claim $2,000,000 Professional&Pollution Aggregate $4,000,000 I (Iity ( S R $25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Modemize the lower and main levels of the Police Department Facility,2000 Main Street,Huntington Beach. City Of Huntington Beach,its elected or appointed officials,agents,officers,employees and volunteers are included as Additional Insureds on primary and non-contributory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture (c) Prior to the expiration of the period of When You Add Others As An Additional time that the written contract or written Insured To This Insurance agreement requires such insurance (a) Primary insurance When Required By be provided to the additional insured. Contract (2) Only to the extent permitted by law;and This insurance is primary if you have agreed (3) Will not be broader than that which you in a written contract or written agreement that are required by the written contract or this insurance be primary. If other insurance written agreement to provide for such is also primary, we will share with all that additional insured. other insurance by the method described in With respect to the insurance afforded to the Paragraph(c)below. This insurance does not person(s)or organization(s)that are additional apply to other insurance to which the insureds under this endorsement, the additional insured in the Schedule has been following additional exclusion applies: added as an additional insured. This insurance does not apply to "bodily (b) Primary And Non-Contributory To Other injury", "property damage" or "personal and insurance When Required By Contract advertising injury" arising out of the rendering This insurance Is primary to and will not seek of, or the failure to render, any professional contribution from any other insurance architectural, engineering or surveying available to an additional insured under your services, including: policy provided that: (1) The preparing, approving, or failing to (i) The additional insured in the Schedule is prepare or approve maps,shop drawings, a Named Insured under such other opinions, reports, surveys, field orders, insurance;and change orders, designs or specifications; (ii) You have agreed in a written contract or or written agreement that this insurance (2) Supervisory, inspection, architectural or would be primary and would not seek engineering activities. contribution from any other insurance The limits of insurance that apply to the additional available to the additional insured in the insured shown in the Schedule are described in the Schedule. Limits Of Insurance section. (c) 'Method Of Sharing How this insurance applies when other insurance is If all of the other insurance permits available to the additional insured is described in the contribution by equal shares, we will follow Other Insurance Condition in Section IV — this method also. Under this approach, each Commercial General Liability Conditions,except as insurer contributes equal amounts until it has otherwise amended below. paid its applicable limit of insurance or none of B. With respect to insurance provided to the the loss remains,whichever comes first. person(s) or organization(s) that are additional If any of the other insurance does not permit insureds under this endorsement, the When You contribution by equal shares, we will Add Others As An Additional Insured To This contribute by limits. Under this method, each Insurance subparagraph, under the Other insurer's share is based on the ratio of its Insurance Condition of Section IV—Commercial applicable limit of insurance to the total General Liability Conditions is replaced with the applicable limits of insurance of all insurers. following: All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 84 0713 ER EXCLUDED9 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 B yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Contractors 72 CPI HA7929 8/15/2018 8/15/2019 Each Claim $2,000,000 Professional&Pollution Aggregate $4,000,000 I (Iity ( S R $25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Modemize the lower and main levels of the Police Department Facility,2000 Main Street,Huntington Beach. City Of Huntington Beach,its elected or appointed officials,agents,officers,employees and volunteers are included as Additional Insureds on primary and non-contributory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture POLCIY NUMBER:72 UEA QT6794 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (1) The"bodily injury"or"property damage" is Read the entire policy carefully to determine rights, caused by an "occurrence" that takes duties and what is and is not covered. place in the"coverage territory"; Throughout this policy the words "you" and "your" (2) The "bodily injury" or "property damage" refer to the Named Insured shown in the occurs during the policy period;and Declarations, and any other person or organization (3) Prior to the policy period, no insured listed qualifying as a Named Insured under this policy. The under Paragraph 1. of Section II—Who Is words "we", "us" and "our" refer to the stock An Insured and no "employee" authorized insurance company member of The Hartford by you to give or receive notice of an providing this insurance. "occurrence" or claim, knew that the The word "insured" means any person or "bodily injury" or "property damage" had organization qualifying as such under Section II — occurred, in whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" Other words and phrases that appear in quotation knew, prior to the policy period, that the marks have special meaning. Refer to Section V — "bodily injury" or "property damage" Definitions. occurred, then any continuation, change SECTION I—COVERAGES or resumption of such "bodily injury" or "property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period. 1. Insuring Agreement c. "Bodily injury" or "property damage" will be a. We will pay those sums that the insured deemed to have been known to have becomes legally obligated to pay as damages occurred at the earliest time when any because of "bodily injury" or "property insured listed under Paragraph 1.of Section II damage"to which this insurance applies. We — Who Is An Insured or any "employee" will have the right and duty to defend the authorized by you to give or receive notice of insured against any "suit" seeking those an"occurrence"or claim: damages. However, we will have no duty to (1) Reports all, or any part, of the "bodily defend the insured against any"suit" seeking injury" or "property damage" to us or any damages for "bodily injury" or "property other insurer; damage" to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate claim for damages because of the "bodily any"occurrence"and settle any claim or"suit" injury"or"property damage";or that may result. But: (1) The amount we will pay for damages is (3) Becomes aware by any other means that limited as described in Section III —Limits occurredy injury" orb "propertyutoccur.damage" has Of Insurance;and or has begun to (2) Our right and duty to defend ends when d. Damages because of "bodily injury" include damages claimed we have used up the applicable limit of insurance in the payment of judgments or organization for care,, loss of services or any person or death resulting at any time from the "bodily settlements under Coverages A or B or injury". medical expenses under Coverage C. e. Incidental Medical Malpractice And Good No other obligation or liability to pay sums or Samaritan Coverage perform acts or services is covered unless explicitly provided for under Supplementary "Bodily injury" arising out of the rendering of Payments—Coverages A and B. or failure to render the following health care b. This insurance applies to "bodily injury" and services by any "employee" or "volunteer worker"shall be deemed to be caused by an "property damage"only if: "occurrence"for. HG 00 01 09 16 Page 1 of 21 ©2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc.with its permission.) r appointed officials,agents,officers,employees and volunteers are included as Additional Insureds on primary and non-contributory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture (1) Professional health care services such as: (a) Liability to such party for, or for the (a) Medical, surgical, dental, laboratory, x- cost of, that patty's defense has also ray or nursing services or treatment, been assumed in the same "insured advice or instruction, or the related contract";and furnishing of food or beverages; (b) Such attorney fees and litigation (b) Any health or therapeutic service, expenses are for defense of that party treatment,advice or instruction;or against a civil or alternative dispute resolution proceeding in which (c) The furnishing or dispensing of drugs damages to which this insurance or medical, dental, or surgical supplies applies are alleged. or appliances;or c. Liquor Liability (2) First aid services,which include: (a) Cardiopulmonary resuscitation, "Bodily injury"or"property damage"for which any insured may be held liable by reason of: whether performed manually or with a defibrillator;or (1) Causing or contributing to the intoxication (b) Services performed as a Good of any person; Samaritan. (2) The furnishing of alcoholic beverages to a For the purpose of determining the limits of person under the legal drinking age or under the influence of alcohol;or insurance, any act or omission together with all related acts or omissions in the furnishing (3) Any statute, ordinance or regulation of these services to any one person will be relating to the sale, gift, distribution or use considered one"occurrence". of alcoholic beverages. However, this Incidental Medical Malpractice This exclusion applies even if the claims And Good Samaritan Coverage provision against any insured allege negligence or applies only if you are not engaged in the other wrongdoing in: business or occupation of providing any of the (a) The supervision, hiring, employment, services described in this provision. training or monitoring of others by that 2. Exclusions insured;or This insurance does not apply to: (b) Providing or failing to provide a. Expected Or Intended Injury transportation with respect to any person that may be under the influence "Bodily injury"or"property damage"expected of alcohol; or intended from the standpoint of the if the "occurrence" which caused the "bodily insured. This exclusion does not apply to injury" or "property damage", involved that "bodily injury" or "property damage" resulting which is described in Paragraph (1), (2) or(3) from the use of reasonable force to protect above. persons or property. b. Contractual Liability However, this exclusion applies only if you are in the business of manufacturing, "Bodily injury"or"property damage"for which distributing, selling, serving or furnishing the insured is obligated to pay damages by alcoholic beverages. For the purposes of this reason of the assumption of liability in a exclusion, permitting a person to bring contract or agreement. This exclusion does alcoholic beverages on your premises, for not apply to liability for damages: consumption on your premises, whether or (1) That the insured would have in the not a fee is charged or a license is required absence of the contract or agreement;or for such activity, is not by itself considered the (2) Assumed in a contract or agreement that business of selling, serving or furnishing alcoholic beverages. is an "insured contract", provided the "bodily injury" or "property damage" d. Workers'Compensation And Similar Laws occurs subsequent to the execution of the Any obligation of the insured under a workers' contract or agreement. Solely for the compensation, disability benefits or purposes of liability assumed in an unemployment compensation law or any "insured contract", reasonable attorney similar law. fees and necessary litigation expenses e. Employer's Liability incurred by or for a party other than an insured are deemed to be damages "Bodily injury"to: because of "bodily injury" or "property (1) An"employee"of the insured arising out of damage",provided: and in the course of: Page 2 of 21 HG 00 01 09 16 HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture (a) Employment by the insured;or the handling, storage, disposal, (b) Performing duties related to the processing or treatment of waste; conduct of the insured's business;or (c) Which are or were at any time (2) The spouse,child, parent, brother or sister transported, handled, stored, treated, of that "employee" as a consequence of disposed of, or processed as waste by Paragraph(1)above. or for: This exclusion applies: (I) Any insured;or (1) Whether the insured may be liable as an (ii) Any person or organization for employer or in any other capacity; and whom you may be legally (2) To any obligation to share damages with responsible; or repay someone else who must pay (d) At or from any premises, site or damages because of the injury. location on which any insured or any contractors or subcontractors working This exclusion does not apply to liability assumed bythe insured under an "insured directly or indirectly on any insured's behalf are performing operations if the contract". "pollutants" are brought on or to the f. Pollution premises, site or location in connection (1) "Bodily injury" or "property damage" with such operations by such insured, arising out of the actual, alleged or contractor or subcontractor. However, threatened discharge, dispersal, seepage, this subparagraph does not apply to: migration, release or escape of (i) "Bodily injury"or"property damage" "pollutants": arising out of the escape of fuels, (a) At or from any premises, site or lubricants or other operating fluids location which is or was at any time which are needed to perform the owned or occupied by, or rented or normal electrical, hydraulic or loaned to, any insured. However, this mechanical functions necessary for subparagraph does not apply to: the operation of"mobile equipment" (i) "Bodily injury" if sustained within a or its parts, if such fuels, lubricants or other operating fluids escape building and caused by smoke, from a vehicleto fumes, vapor or soot produced by or originating from equipment that hold, store or receive designed them. This s exception does not apply if the is used to heat, cool or dehumidify "bodily injury"or"property damage" the building, or equipment that is arises out of the intentional used to heat water for personal use, by the building's occupants or discharge, dispersal or release of their guests; the fuels, lubricants or other operating fluids, or if such fuels, (ii) "Bodily injury"or"property damage" lubricants or other operating fluids for which you may be held liable, if are brought on or to the premises, you are a contractor and the owner site or location with the intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as part of the operations policy as an additional insured with being performed by such insured, respect to your ongoing operations contractor or subcontractor; performed for that additional (ii) "Bodilyinjury" "property damage" insured at that premises, site or ry"or p location and such premises, site or sustained within a building and caused by the release of gases, location is not and never was materials owned or occupied by, or rented or fumes or vapors from loaned to, any insured, other than broughto intow that building in that additional insured;or connection with operations being performed by you or on your behalf (Ili) "Bodily injury"or"property damage" by a contractor or subcontractor;or arising out of heat, smoke or fumes f or"property g(iii) "Bodilyinjury" damage" from a"hostile fire"; t arising out o of heat, smoke or fumes (b) At or from any premises, site or from a"hostile fire"; or location which is or was at any time (e) At or from any premises, site or used by or for any insured or others for location on which any insured or any contractors or subcontractors working HG 00 01 09 16 Page 3 of 21 IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture directly or indirectly on any insured's to, premises you own or rent, provided the behalf are performing operations if the "auto" is not owned by or rented or loaned operations are to test for, monitor, to you or the insured; clean up, remove, contain, treat, (4) Liability assumed under any "insured detoxify or neutralize, or in any way contract" for the ownership, maintenance respond to, or assess the effects of, or use of aircraft or watercraft; "pollutants". (5) "Bodily injury" or "property damage" (2) Any loss, cost or expense arising out of arising out of: any: (a) The operation of machinery or (a) Request, demand, order or statutory or equipment that is attached to, or part regulatory requirement that any of, a land vehicle that would qualify insured or others test for, monitor, under the definition of "mobile • clean up, remove, contain, treat, equipment" if it were not subject to a detoxify or neutralize, or in any way compulsory or financial responsibility respond to, or assess the effects of, law or other motor vehicle insurance "pollutants";or law where it is licensed or principally (b) Claim or suit by or on behalf of a garaged;or governmental authority for damages (b) The operation of any of the machinery because of testing for, monitoring, or equipment listed in Paragraph f.(2) cleaning up, removing, containing, or f.(3) of the definition of "mobile treating, detoxifying or neutralizing, or equipment";or in any way responding to, or assessing the effects of,"pollutants". (6) An aircraft that is not owned by any insured and is hired, chartered or loaned However,this paragraph does not apply to with a paid crew. However, this exception liability for damages because of"property does not apply if the insured has any other damage" that the insured would have in insurance for such "bodily injury" or the absence of such request, demand, "property damage", whether the other order or statutory or regulatory insurance is primary, excess, contingent requirement, or such claim or "suit" by or or on any other basis. on behalf of a governmental authority. h. Mobile Equipment g. Aircraft,Auto Or Watercraft "Bodily injury" or "property damage" arising "Bodily injury" or "property damage" arising out of: out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or (1) The transportation of "mobile equipment" watercraft owned or operated by or rented or by an "auto" owned or operated by or loaned to any insured. Use includes operation rented or loaned to any insured;or and"loading or unloading". (2) The use of"mobile equipment"in, or while This exclusion applies even if the claims in practice for, or while being prepared for, against any insured allege negligence or any prearranged racing, speed, other wrongdoing in the supervision, hiring, demolition,or stunting activity. employment, training or monitoring of others i. War by that insured, if the "occurrence" which "Bodily injury" or"property damage", however caused the "bodily injury" or "property caused,arising,directly or indirectly, out of: damage" involved the ownership, (1) War, including undeclared or civil war; maintenance, use or entrustment to others of any aircraft, "auto"or watercraft that is owned (2) Warlike action by a military force, including or operated by or rented or loaned to any action in hindering or defending against an insured. actual or expected attack, by any This exclusion does not apply to: government, sovereign or other authority using military personnel or other agents; (1) A watercraft while ashore on premises you or own or rent; (3) Insurrection, rebellion, revolution, usurped (2) A watercraft you do not own that is: power, or action taken by governmental (a) Less than 51 feet long;and authority in hindering or defending against (b) Not being used to carry persons for a any of these. charge; j. Damage To Property (3) Parking an "auto"on, or on the ways next "Property damage"to: Page 4 of 21 HG 00 01 09 16 contractors or subcontractors working HG 00 01 09 16 Page 3 of 21 IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture (1) Property you own, rent, or occupy, This exclusion does not apply if the damaged including any costs or expenses incurred work or the work out of which the damage by you, or any other person, organization arises was performed on your behalf by a or entity, for repair, replacement, subcontractor. enhancement, restoration or maintenance m. Damage To Impaired Property Or Property of such property for any reason, including Not Physically Injured prevention of injury to a person or damage "Property damage" to Impaired property" or to another's property; (2) Premises you sell, give away or abandon, property that has not been physically injured, arising out of: if the "property damage" arises out of any part of those premises; (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or (3) Property loaned to you; "your work";or (4) Personal property in the care, custody or (2) A delay or failure by you or anyone acting control of the insured; on your behalf to perform a contract or (5) That particular part of real property on agreement in accordance with its terms. which you or any contractors or This exclusion does not apply to the loss of subcontractors use of other property arising out of sudden working directly or indirectly on your behalf and accidental physical injury to "your are performing operations, if the "property product" or "your work" after it has been put damage"arises out of those operations;or to its intended use. (6) That particular part of any property that n. Recall Of Products,Work Or Impaired must be restored, repaired or replaced Property because "your work" was incorrectly performed on it. Damages claimed for any loss, cost or expense incurred by you or others for the loss Paragraphs (1), (3) and (4) of this exclusion of use, withdrawal, recall, inspection, repair, do not apply to"property damage" (other than replacement, adjustment, removal or disposal damage by fire) to premises, including the of: contents of such premises, rented to you for a period of seven or fewer consecutive days. A (1) "Your product"; separate limit of insurance applies to Damage (2) "Your work";or To Premises Rented To You as described in (3) "Impaired property"; Section III—Limits Of Insurance. if such product,work,or property is withdrawn Paragraph(2)of this exclusion does not apply or recalled from the market or from use by if the premises are "your work" and were any person or organization because of a never occupied, rented or held for rental by known or suspected defect, deficiency, you. inadequacy or dangerous condition in it. Paragraphs (3) and (4) of this exclusion do o. Personal And Advertising Injury not apply to "property damage" arising from the use of elevators. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed P• Access or Disclosure Of Confidential Or under a sidetrack agreement. Personal Information And Data-related Liability Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed Damages arising out of: equipment while not being used to perform (1) Any access to or disclosure of any operations at the job site. person's or organization's confidential or Paragraph (6)of this exclusion does not apply personal information, including patents, to "property damage" included in the trade secrets, processing methods, "products-completed operations hazard". customer lists, financial information, credit card information, health information or any k. Damage To Your Product other type of nonpublic information;or "Property damage" to "your product" arising (2) The loss of, loss of use of, damage to, out of it or any part of it. corruption of, inability to access, or I. Damage To Your Work inability to manipulate electronic data. "Property damage" to "your work" arising out This exclusion applies even if damages are of it or any part of it and included in the claimed for notification costs, credit "products-completed operations hazard". monitoring expenses, forensic expenses, HG00010916 Page5of21 16 contractors or subcontractors working HG 00 01 09 16 Page 3 of 21 IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture public relations expenses or any other loss, assess the effects of an "asbestos cost or expense incurred by you or others hazard";or arising out of that which is described in (c) Arise out of any claim or suit for Paragraph(1)or(2)above. damages because of testing for, However, unless Paragraph (1) above monitoring, cleaning up, removing, applies, this exclusion does not apply to encapsulating, containing, treating, damages because of"bodily injury". detoxifying or neutralizing or in any As used in this exclusion, electronic data way responding to or assessing the means information, facts or programs stored effects of an"asbestos hazard". as or on,created or used on,or transmitted to s. Recording And Distribution Of Material Or or from computer software, including systems Information In Violation Of Law and applications software, hard or floppy "Bodily injury" or "property damage" arising disks, CD-ROMS, tapes, drives, cells, data directly or indirectly out of any action or processing devices or any other media which omission that violates or is alleged to violate: are used with electronically controlled equipment. (1) The Telephone Consumer Protection Act Employment-Related Practices (TCPA), including any amendment of or q. addition to such law; "Bodily injury"to: (2) The CAN-SPAM Act of 2003, including (1) A person arising out of any"employment— any amendment of or addition to such law; related practices";or (3) The Fair Credit Reporting Act(FCRA),and (2) The spouse,child, parent, brother or sister any amendment of or addition to such law, of that person as a consequence of"bodily including the Fair and Accurate Credit injury" to that person at whom any Transaction Act(FACTA);or "employment-related practices" are (4) Any federal, state or local statute, directed. ordinance or regulation, other than the This exclusion applies: TCPA or CAN-SPAM Act of 2003 or FCRA (1) Whether the injury-causing event and their amendments and additions, that described in the definition of"employment- addresses, prohibits or limits the printing, related practices" occurs before dissemination, disposal, collecting, employment, during employment or after recording, sending, transmitting, employment of that person; communicating or distribution of material or information. (2) Whether the insured may be liable as an employer or in any other capacity;and Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or (3) To any obligation to share damages with Explosion or repay someone else who must pay damages because of the injury. Exclusions c. through h. and j. through n. do not r. Asbestos apply to damage by fire, lightning or explosion to premises while rented to you or temporarily (1) "Bodily injury" or "property damage" occupied by you with permission of the owner. A arising out of the"asbestos hazard". separate limit of insurance applies to this (2) Any damages, judgments, settlements, coverage as described in Section III — Limits Of loss,costs or expenses that: Insurance. (a) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any claim or suit alleging actual or INJURY LIABILITY threatened injury or damage of any 1. Insuring Agreement nature or kind to persons or property a. We will pay those sums that the insured which would not have occurred in becomes legally obligated to pay as damages whole or in part but for the "asbestos because of "personal and advertising injury" hazard"; to which this insurance applies. We will have (b) Arise out of any request, demand, the right and duty to defend the insured order or statutory or regulatory against any "suit" seeking those damages. requirement that any insured or others However, we will have no duty to defend the test for, monitor, clean up, remove, insured against any "suit" seeking damages encapsulate, contain, treat, detoxify or for "personal and advertising injury" to which neutralize or in any way respond to or this insurance does not apply.We may,at our Page 6 of 21 HG 00 01 09 16 nses, HG00010916 Page5of21 16 contractors or subcontractors working HG 00 01 09 16 Page 3 of 21 IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture discretion, investigate any offense and settle use another's "advertising idea' in your any claim or"suit"that may result. But: "advertisement". (1) The amount we will pay for damages is g. Quality Or Performance Of Goods — limited as described in Section III —Limits Failure To Conform To Statements Of Insurance;and "Personal and advertising injury"arising out of (2) Our right and duty to defend end when we the failure of goods, products or services to have used up the applicable limit of conform with any statement of quality or insurance in the payment of judgments or performance made in your"advertisement". settlements under Coverages A or B or h. Wrong Description Of Prices medical expenses under Coverage C. No "Personal and advertising injury"arising out of other obligation or liability to pay sums or the wrong description of the price of goods, perform acts or services is covered unless products or services. explicitly provided for under Supplementary Payments—Coverages A and B. i. Infringement Of Intellectual Property b. This insurance applies to Rights pp "personal and advertising injury" caused by an offense (1) "Personal and advertising injury" arising arising out of your business but only if the out of any actual or alleged infringement offense was committed in the "coverage or violation of any intellectual property territory"during the policy period. rights such as copyright, patent, 2. Exclusions trademark,trade name,trade secret,trade dress, service mark or other designation This insurance does not apply to: of origin or authenticity;or a. Knowing Violation Of Rights Of Another (2) Any injury or damage alleged in any clam "Personal and advertising injury"arising out of or "suit" that also alleges an infringement an offense committed by, at the direction or or violation of any intellectual property with the consent or acquiescence of the right, whether such allegation of insured with the expectation of inflicting infringement or violation is made by you or "personal and advertising injury". by any other party involved in the claim or "suit", regardless of whether this b. Material Published With Knowledge Of insurance would otherwise apply. Falsity injury" However, this exclusion does not apply if the "Personal and advertising j ry"arising out of only allegation in the claim or "suit" involving oral, written or electronic publication, in any any intellectual property right is limited to: manner, of material, if done by or at the direction of the insured with knowledge of its (1) Infringement, in your"advertisement",of: falsity. (a) Copyright; c. Material Published Prior To Policy Period (b) Slogan;or "Personal and advertising injury"arising out of (c) Title of any literary or artistic work; or oral, written or electronic publication, in any (2) Copying, in your "advertisement", a manner, of material whose first publication person's or organization's "advertising took place before the beginning of the policy idea"or style of"advertisement". period. d. Criminal Acts j. Insureds In Media And Internet Type Businesses "Personal and advertising injury"arising out of "Personal and advertising injury" committed a criminal act committed by or at the direction by an insured whose business is: of the insured. (1) Advertising, broadcasting, publishing or e. Contractual Liability telecasting; "Personal and advertising injury"for which the (2) Designing or determining content of web insured has assumed liability in a contract or sites for others;or agreement. This exclusion does not apply to liability for damages that the insured would (3) An Internet search, access, content or have in the absence of the contract or service provider. agreement. However, this exclusion does not apply to f. Breach Of Contract Paragraphs a., b. and c. of the definition of "Personal and advertising injury"arising out of a "personal and advertising injury" under the Definitions Section. breach of contract,except an implied contract to HG 00 01 09 16 Page 7 of 21 or subcontractors working HG 00 01 09 16 Page 3 of 21 IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture For the purposes of this exclusion,the placing "Personal and advertising injury" arising out of frames, borders or links, or advertising, for of: you or others anywhere on the Internet, is not (1) An"advertisement"for others on your web by itself, considered the business of site; advertising, broadcasting, publishing or telecasting. (2) Placing a link to a web site of others on k. Electronic Chatrooms Or Bulletin Boards your web site; (3) Content, including information, sounds, "Personal and advertising injury"arising out of text, graphics, or images from a web site an electronic chatroom or bulletin board the of others displayed within a frame or insured hosts, owns, or over which the border on your web site;or insured exercises control. I. Unauthorized Use Of Another's Name Or (4) Computer code, software or programming used to enable: Product (a) Your web site;or "Personal and advertising injury"arising out of the unauthorized use of another's name or (b) The presentation or functionality of an product in your e-mail address, domain name "advertisement" or other content on or metatags, or any other similar tactics to your web site. mislead another's potential customers. q. Right Of Privacy Created By Statute m. Pollution "Personal and advertising injury"arising out of "Personal and advertising injury"arising out of the violation of a person's right of privacy the actual, alleged or threatened discharge, created by any state or federal act. dispersal, seepage, migration, release or However, this exclusion does not apply to escape of"pollutants"at any time. liability for damages that the insured would n. Pollution-Related have in the absence of such state or federal act. Any loss,cost or expense arising out of any: r. Violation Of Anti-Trust law (1) Request, demand, order or statutory or regulatory requirement that any insured or "Personal and advertising injury"arising out of others test for, monitor, clean up, remove, a violation of any anti-trust law. contain, treat, detoxify or neutralize, or in s. Securities any way respond to, or assess the effects "Personal and advertising injury"arising out of of, "pollutants";or the fluctuation in price or value of any stocks, (2) Claim or suit by or on behalf of a bonds or other securities. governmental authority for damages t. Recording And Distribution Of Material Or because of testing for, monitoring, Information In Violation Of Law cleaning up, removing, containing, treating, detoxifying or neutralizing, or in "Personal and advertising injury" arising any way responding to, or assessing the directly or indirectly out of any action or effects of,"pollutants omission that violates or is alleged to violate: o. War (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or "Personal and advertising injury", however addition to such law; caused,arising, directly or indirectly,out of: (2) The CAN-SPAM Act of 2003, including (1) War,including undeclared or civil war; any amendment of or addition to such law; (2) Warlike action by a military force,including (3) The Fair Credit Reporting Act(FCRA),and action in hindering or defending against an any amendment of or addition to such law, actual or expected attack, by any including the Fair and Accurate Credit government, sovereign or other authority Transaction Act(FACIA);or using military personnel or other agents; (4) Any federal, state or local statute, or ordinance or regulation, other than the (3) Insurrection, rebellion, revolution, usurped TCPA or CAN-SPAM Act of 2003 or FCRA power, or action taken by governmental and their amendments and additions, that authority in hindering or defending against addresses, prohibits or limits the printing, any of these. dissemination, disposal, collecting, p. Internet Advertisements And Content Of recording, sending, transmitting, Others communicating or distribution of material or information. Page 8 of 21 HG 00 01 0916 g out of a "personal and advertising injury" under the Definitions Section. breach of contract,except an implied contract to HG 00 01 09 16 Page 7 of 21 or subcontractors working HG 00 01 09 16 Page 3 of 21 IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture u. Employment-Related Practices information or any other type of nonpublic Personal and advertising injury"to: information. (1) A person arising out of any"employment— This exclusion applies even if damages are related practices";or claimed for notification costs, credit monitoring expenses, forensic expenses, (2) The spouse, child, parent, brother or sister public relations expenses or any other loss, of that person as a consequence of cost or expense incurred by you or others "personal and advertising injury" to that arising out of any access to or disclosure of person at whom any "employment-related any person's or organization's confidential or practices"are directed. personal information. This exclusion applies: COVERAGE C MEDICAL PAYMENTS (1) Whether the injury-causing event 1. Insuring Agreement described in the definition of"employment- a. We will pay medical expenses as described related practices" occurs before below for "bodily injury" caused by an employment, during employment or after accident: employment of that person; (1) On premises you own or rent; (2) Whether the insured may be liable as an employer or in any other capacity;and (2) On ways next to premises you own or rent;or (3) To any obligation to share damages with or repay someone else who must pay (3) Because of your operations; damages because of the injury. provided that: v. Asbestos (1) The accident takes place in the "coverage (1) "Personal and advertising injury" arising territory"and during the policy period; out of the"asbestos hazard". (2) The expenses are incurred and reported (2) Any damages, judgments, settlements, to us within three years of the date of the loss,costs or expenses that: accident;and (a) May be awarded or incurred by reason (3) The injured person submits to of any claim or suit alleging actual or examination, at our expense, by threatened injury or damage of any physicians of our choice as often as we nature or kind to persons or property reasonably require. which would not have occurred in b. We will make these payments regardless of whole or in part but for the "asbestos fault. These payments will not exceed the hazard"; applicable limit of insurance. We will pay (b) Arise out of any request, demand, reasonable expenses for order or statutory or regulatory (1) First aid administered at the time of an requirement that any insured or others accident; test for, monitor, clean up, remove, (2) Necessary medical, surgical, X-ray and encapsulate, contain, treat, detoxify or dental services, including prosthetic neutralize or in any way respond to or devices;and assess the effects of an "asbestos (3) Necessary ambulance, hospital, hazard";or professional nursing and funeral services. (c) Arise out of any claim or suit for damages because of testing for, 2. Exclusions monitoring, cleaning up, removing, We will not pay expenses for"bodily injury": encapsulating, containing, treating, a. Any Insured detoxifying or neutralizing or in any To any insured,except"volunteer workers". way responding to or assessing the effects of an"asbestos hazard". b. Hired Person w. Access Or Disclosure Of Confidential Or To a person hired to do work for or on behalf Personal Information of any insured or a tenant of any insured. "Personal and advertising injury"arising out of c. Injury On Normally Occupied Premises any access to or disdosure of any person's or To a person injured on that part of premises organization's confidential or personal you own or rent that the person normally information, including patents, trade secrets, occupies. processing methods, customer lists, financial d. Workers Compensation And Similar Laws information, credit card information, health To a person, whether or not an "employee" of HG 00 01 09 16 Page 9 of 21 erial or information. Page 8 of 21 HG 00 01 0916 g out of a "personal and advertising injury" under the Definitions Section. breach of contract,except an implied contract to HG 00 01 09 16 Page 7 of 21 or subcontractors working HG 00 01 09 16 Page 3 of 21 IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture any insured, if benefits for the"bodily injury"are party to the "suit",we will defend that indemnitee payable or must be provided under a workers' if all of the following conditions are met: compensation or disability benefits law or a a. The "suit" against the indemnitee seeks similar law. damages for which the insured has assumed e. Athletics Activities the liability of the indemnitee in a contract or To a person injured while practicing, agreement that is an"insured contract"; instructing or participating in any physical b. This insurance applies to such liability exercises or games, sports, or athletic assumed by the insured; contests. c. The obligation to defend, or the cost of the f. Products-Completed Operations Hazard defense of, that indemnitee, has also been Included within the "products-completed assumed by the insured in the same "insured operations hazard". contract"; g. Coverage A Exclusions d. The allegations in the "suit" and the information we know about the "occurrence" Excluded under Coverage A. are such that no conflict appears to exist SUPPLEMENTARY PAYMENTS — COVERAGES between the interests of the insured and the A AND B interests of the indemnitee; 1. We will pay, with respect to any claim we e. The indemnitee and the insured ask us to investigate or settle, or any "suit" against an conduct and control the defense of that insured we defend: indemnitee against such "suit" and agree that a. All expenses we incur. we can assign the same counsel to defend b. Up to $1,000 for cost of bail bonds required the insured and the indemnitee;and because of accidents or traffic law violations f. The indemnitee: arising out of the use of any vehicle to which (1) Agrees in writing to: the Bodily Injury Liability Coverage applies. (a) Cooperate with us in the investigation, We do not have to furnish these bonds. settlement or defense of the"suit"; c. The cost of appeal bonds or bonds to release (b) Immediately send us copies of any attachments, but only for bond amounts demands,notices,summonses or legal within the applicable limit of insurance.We do papers received in connection with the not have to furnish these bonds. "suit"; d. All reasonable expenses incurred by the (c) Notify any other insurer whose insured at our request to assist us in the coverage is available to the investigation or defense of the claim or"suit", indemnitee;and including actual loss of earnings up to$500 a day because of time off from work. (d) Cooperate with us with respect to coordinating other applicable e. All court costs taxed against the insured in insurance available to the indemnitee; the "suit". However, such costs do not and include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses (2) Provides us with written authorization to: of a party taxed to the insured. (a) Obtain records and other information f. Prejudgment interest awarded against the related to the"suit";and insured on that part of the judgment we pay. If (b) Conduct and control the defense of the we make an offer to pay the applicable limit of indemnitee in such"suit". insurance, we will not pay any prejudgment So long as the above conditions are met, interest based on that period of time after the attorneys' fees incurred by us in the defense of offer. that indemnitee, g. All interest on the full amount of any judgment necessary litigation expenses incurred by us and that accrues after entry of the judgment and necessary litigation expenses incurred by the before we have paid, offered to pay, or indemnitee at our request will be paid as deposited in court the part of the judgment Supplementary Payments. Notwithstanding the that is within the applicable limit of insurance. provisions of Paragraph 2.b.(2) of Section I — These payments will not reduce the limits of Coverage A — Bodily Injury And Property insurance. Damage Liability, such payments will not be deemed to be damages for "bodily injury" and 2. If we defend an insured against a "suit" and an "property damage" and will not reduce the limits indemnitee of the insured is also named as a of insurance. Page 10 of 21 HG 00 01 0916 Page 3 of 21 IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture Our obligation to defend an insured's indemnitee liability company), to a co-"employee" and to pay for attorneys' fees and necessary while in the course of his or her litigation expenses as Supplementary Payments employment or performing duties ends when: related to the conduct of your a. We have used up the applicable limit of business, or to your other "volunteer insurance in the payment of judgments or workers" while performing duties settlements;or related to the conduct of your b. The conditions set forth above,or the terms of business; the agreement described in Paragraph f. (b) To the spouse, child, parent, brother or above, are no longer met. sister of that co-"employee" or that SECTION 11—WHO IS AN INSURED "volunteer worker" as a consequence of Paragraph(1)(a)above; 1. If you are designated in the Declarations as: (c) For which there is any obligation to a. An individual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole of the injury described in Paragraphs owner. (1)(a)or(1)(b)above;or b. A partnership or joint venture, you are an (d) Arising out of his or her providing or insured. Your members, your partners, and failing to provide professional health their spouses are also insureds, but only with care services. respect to the conduct of your business. If you are not in the business of providing c. A limited liability company, you are an professional health care services: insured. Your members are also insureds, but (a) Subparagraphs (1)(a), (1)(b)and (1)(c) only with respect to the conduct of your above do not apply to any "employee" business. Your managers are insureds, but or"volunteer worker" providing first aid only with respect to their duties as your services; and managers. d. An organization other than a partnership,joint (b) Subparagraph (1)(d) above does not company, you are apply to any nurse,emergency medical venture or limited liability p y technician or paramedic employed by an insured. Your "executive officers" and you to provide such services. directors are insureds,but only with respect to their duties as your officers or directors. Your (2) "Property damage"to property: stockholders are also insureds, but only with (a) Owned,occupied or used by, respect to their liability as stockholders. (b) Rented to, in the care, custody or e. A trust, you are an insured. Your trustees are control of, or over which physical also insureds, but only with respect to their control is being exercised for any duties as trustees, purpose by 2. Each of the following is also an insured: you, any of your "employees", "volunteer a. Employees And Volunteer Workers workers", any partner or member (if you Your "volunteer workers" only while are a partnership or joint venture), or any member (if you are a limited liability performing duties related to the conduct of company). your business, or your "employees", other than either your"executive officers"(if you are b. Real Estate Manager an organization other than a partnership,joint Any person (other than your "employee" or venture or limited liability company) or your "volunteer worker"), or any organization while managers (if you are a limited liability acting as your real estate manager. company), but only for acts within the scope c. Temporary Custodians Of Your Property of their employment by you or while performing duties related to the conduct of Any person or organization having proper your business. temporary custody of your property if you die, but only: However, none of these "employees" or "volunteer workers"are insureds for: (1) With respect to liability arising out of the (1) "Bodily injury"or"personal and advertising maintenance or use of that property;and injury": (2) Until your legal representative has been appointed. (a) To you,to your partners or members(if you are a partnership or joint venture), d. Legal Representative If You Die to your members (if you are a limited Your legal representative if you die, but only HG 00 01 09 16 Page 11 of 21 Page 3 of 21 IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main St.,Fourth Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture with respect to duties as such. That 5. Additional Insureds When Required By representative will have all your rights and Written Contract, Written Agreement Or duties under this Coverage Part. Permit e. Unnamed Subsidiary The following person(s) or organization(s) are an Any subsidiary, and subsidiary thereof, of additional insured when you have agreed, in a yours which is a legally incorporated entity of written contract, written agreement or because of which you own a financial interest of more a permit issued by a state or political subdivision, than 50% of the voting stock on the effective that such person or organization be added as an date of the Coverage Part. additional insured on your policy, provided the injury or damage occurs subsequent to the The insurance afforded herein for any execution of the contract or agreement. subsidiary not named in this Coverage Part as a named insured does not apply to injury A person or organization is an additional insured or damage with respect to which such insured under this provision only for that period of time is also a named insured under another policy required by the contract or agreement. or would be a named insured under such However, no such person or organization is an policy but for its termination or the exhaustion insured under this provision if such person or of its limits of insurance. organization is included as an insured by an 3. Newly Acquired Or Formed Organization endorsement issued by us and made a part of Any organization you newly acquire or form, this Coverage Part. other than a partnership, joint venture or limited a. Vendors liability company, and over which you maintain Any person(s) or organization(s) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to stock, will qualify as a Named Insured if there is "bodily injury" or "property damage" arising no other similar insurance available to that out of"your products"which are distributed or organization. However: sold in the regular course of the vendor's a. Coverage under this provision is afforded only business and only if this Coverage Part until the 180th day after you acquire or form provides coverage for "bodily injury" or the organization or the end of the policy "property damage" included within the period, whichever is earlier; "products-completed operations hazard". b. Coverage A does not apply to "bodily injury" (1) The insurance afforded the vendor is or "property damage" that occurred before subject to the following additional you acquired or formed the organization; and exclusions: c. Coverage B does not apply to "personal and This insurance does not apply to: advertising injury" arising out of an offense (a) "Bodily injury"or"property damage"for committed before you acquired or formed the which the vendor is obligated to pay organization, damages by reason of the assumption 4. Nonowned Watercraft of liability in a contract or agreement. to With respect to watercraft you do not own that is lThis exclusiondamagesdoes not apply vendor less than 51 feet longand is not beingused to wouldly for that the ofthe have in the absence of the carry persons for a charge, any person is an contract or agreement; insured while operating such watercraft with your permission. Any other person or organization (b) Any express warranty unauthorized by responsible for the conduct of such person is you; also an insured, but only with respect to liability (c) Any physical or chemical change in the arising out of the operation of the watercraft, and product made intentionally by the only if no other insurance of any kind is available vendor; to that person or organization for this liability. (d) Repackaging, except when unpacked However, no person or organization is an insured solely for the purpose of inspection, with respect to: demonstration, testing, or the a. "Bodily injury" to a co-"employee" of the substitution of parts under instructions person operating the watercraft;or from the manufacturer, and then b. "Property damage" to property owned by, repackaged in the original container; rented to, in the charge of or occupied by you (e) Any failure to make such inspections, or the employer of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 E Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture undertakes to make in the usual This insurance does not apply to: course of business, in connection with 1. Any "occurrence" which takes place after the distribution or sale of the products; you cease to lease that land;or (f) Demonstration, installation, servicing 2. Structural alterations, new construction or or repair operations, except such demolition operations performed by or on operations performed at the vendor's behalf of such person or organization. premises in connection with the sale of the product; d. Architects,Engineers Or Surveyors (g) Products which, after distribution or Any architect, engineer, or surveyor, but only sale by you, have been labeled or with respect to liability for "bodily injury", relabeled or used as a container, part "property damage" or "personal and or ingredient of any other thing or advertising injury"caused, in whole or in part, substance by or for the vendor;or by your acts or omissions or the acts or (h) "Bodily injury" or "property damage" omissions of those acting on your behalf: arising out of the sole negligence of the (1) In connection with your premises;or vendor for its own acts or omissions or (2) In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf. exclusion does not apply to: With respect to the insurance afforded these (i)The exceptions contained in Sub- additional insureds, the following additional paragraphs(d)or(f);or exclusion applies: (ii) Such inspections, adjustments, This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury"arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including: with the distribution or sale of the 1. The preparing, approving, or failing to products. prepare or approve, maps, shop drawings, (2) This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications;or or any ingredient, part or container, 2. Supervisory, inspection, architectural or entering into, accompanying or containing engineering activities. such products. This exclusion applies even if the claims b. Lessors Of Equipment against any insured allege negligence or (1) Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring of others respect to their liability for "bodily injury", by that insured, if the "occurrence" which "property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising injury", involved the use of equipment leased to you by such rendering of or the failure to render any person(s)or organization(s). professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisions does not apply to any "occurrence" which Any state or political subdivision, but only with takes place after the equipment lease respect to operations performed by you or on expires. your behalf for which the state or political c. Lessors Of Land Or Premises subdivision has issued a permit. Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or (1) "Bodily injury", "property damage" or premises leased to you. "personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality;or exclusions apply: HG00010916 Page 13of21 of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 E Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture (2) "Bodily injury" or "property damage" by that insured, if the "occurrence" which included within the "products-completed caused the "bodily injury" or "property operations hazard". damage", or the offense which caused the f. Any Other Party "personal and advertising injury", involved the rendering of or the failure to render any Any other person or organization who is not professional services by or for you. an additional insured under Paragraphs a. • through e. above, but only with respect to The limits of insurance that apply to additional liability for "bodily injury", "property damage" insureds is described in Section III — Limits Of or"personal and advertising injury"caused, in Insurance. whole or in part, by your acts or omissions or How this insurance applies when other insurance the acts or omissions of those acting on your is available to the additional insured is described behalf: in the Other Insurance Condition in Section IV— (1) In the performance of your ongoing Commercial General Liability Conditions. operations; No person or organization is an insured with respect (2) In connection with your premises owned to the conduct of any current or past partnership, by or rented to you;or joint venture or limited liability company that is not (3) In connection with "your work" and shown as a Named Insured in the Declarations. included within the "products completed SECTION III—LIMITS OF INSURANCE operations hazard",but only if 1. The Most We Will Pay (a) The written contract or agreement The Limits of Insurance shown in the requires you to provide such coverage Declarations and the rules below fix the most we to such additional insured;and will pay regardless of the number of: (b) This Coverage Part provides coverage a. Insureds; for"bodily injury" or"property damage" b. Claims made or"suits"brought;or included within the "products- completed operations hazard". c. Persons or organizations making claims or bringing"suits". However: 2. General Aggregate Limit (1) The insurance afforded to such additional insured only applies to the extent The General Aggregate Limit is the most we will permitted by law;and pay for the sum of: (2) If coverage provided to the additional a. Medical expenses under Coverage C; insured is required by a contract or b. Damages under Coverage A, except agreement,the insurance afforded to such damages because. of "bodily injury" or additional insured will not be broader than "property damage" included in the "products- that which you are required by the contract completed operations hazard";and or agreement to provide for such c. Damages under Coverage B. additional insured. 3. Products-Completed Operations Aggregate With respect to the insurance afforded to Limit these additional insureds,this insurance does The Products-Completed Operations Aggregate not apply to: Limit is-the most we will pay under Coverage A "Bodily injury", "property damage" or for damages because of "bodily injury" and "personal and advertising injury"arising out of "property damage" included in the "products- the rendering of, or the failure to render, any completed operations hazard". professional architectural, engineering or surveying services, including: 4. Personal And Advertising Injury Limit (1) The preparing, approving, or failing to Subject to 2. above, the Personal and prepare or approve, maps,shop drawings, Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages opinions, reports, surveys, field orders, because of all "personal and advertising injury" change orders or drawings and specifications;or sustained by any one person or organization. (2) Supervisory, inspection, architectural or 5. Each Occurrence Limit engineering activities. Subject to 2. or 3. above, whichever applies, the This exclusion applies even if the claims Each Occurrence Limit is the most we will pay for against any insured allege negligence or the sum of: other wrongdoing in the supervision, hiring, a. Damages under Coverage A; and employment, training or monitoring of others Page 14 of 21 HG 00 01 09 16 on who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 E Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture b. Medical expenses under Coverage C a. Notice Of Occurrence Or Offense because of all "bodily injury" and "property You or any additional insured must see to it damage"arising out of any one"occurrence". that we are notified as soon as practicable of 6. Damage To Premises Rented To You Limit an "occurrence" or an offense which may to 5. above, the Damage To Premises result in a claim. To the extent possible, Subject Ig notice should include: Rented To You Limit is the most we will pay under Coverage A for damages because of (1) How, when and where the "occurrence"or "property damage" to any one premises, while offense took place; rented to you, or in the case of damage by fire, (2) The names and addresses of any injured lightning or explosion, while rented to you or persons and witnesses;and temporarily occupied by you with permission of (3) The nature and location of any injury or the owner. damage arising out of the "occurrence" or In the case of damage by fire, lightning or offense. explosion, the Damage to Premises Rented To b. Notice Of Claim You Limit applies to all damage proximately caused by the same event, whether such If a claim is made or"suit" is brought against damage results from fire, lightning or explosion any insured, you or any additional insured or any combination of these. must: 7. Medical Expense Limit (1) Immediately record the specifics of the claim or"suit"and the date received;and Subject to 5.above,the Medical Expense Limit is the most we will pay under Coverage C for all (2) Notify us as soon as practicable. medical expenses because of "bodily injury" You or any additional insured must see to it sustained by any one person. that we receive written notice of the claim or 8. How Limits Apply To Additional Insureds "suit"as soon as practicable. If you have agreed in a written contract or written c. Assistance And Cooperation Of The agreement that another person or organization Insured be You and any other involved insured must: added as an additional insured on your policy, (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal insured is the lesser of: papers received in connection with the a. The limits of insurance specified in the written claim or"suit"; contract or written agreement;or (2) Authorize us to obtain records and other b. The Limits of Insurance shown in the information; Declarations. (3) Cooperate with us in the investigation or Such amount shall be a part of and not in settlement of the claim or defense against addition to Limits of Insurance shown in the the"suit";and Declarations and described in this Section. (4) Assist us, upon our request, in the The Limits of Insurance of this Coverage Part apply enforcement of any right against any person separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, insured because of injury or damage to starting with the beginning of the policy period which this insurance may also apply. shown in the Declarations, unless the policy period d. Obligations At The Insureds Own Cost is extended after issuance for an additional period of No insured will, except at that insured's own less than 12 months. In that case, the additional cost, voluntarily make a payment, assume period will be deemed part of the last preceding period for purposes of determining the Limits of any obligation, or incur any expense, other Insurance. than for first aid,without our consent. SECTION IV — COMMERCIAL GENERAL e. Additional Insureds Other Insurance LIABILITY CONDITIONS If we cover a claim or "suit" under this 1. Bankruptcy Coverage Part that may also be covered by other insurance available to an additional Bankruptcy or insolvency of the insured or of the insured, such additional insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part. defense and indemnity. 2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written HG 00 01 09 16 Page 15 of 21 justments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 E Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture contract or written agreement that this b. Excess Insurance insurance is primary and non-contributory This insurance is excess over any of the other with the additional insured's own insurance. insurance, whether primary, excess, f. Knowledge Of An Occurrence, Offense, contingent or on any other basis: Claim Or Suit (1) Your Work Paragraphs a. and b. apply to you or to any That is Fire, Extended Coverage, Builder's additional insured only when such Risk, Installation Risk or similar coverage "occurrence",offense, claim or"suit"is known for"your work"; to: (2) Premises Rented To You (1) You or any additional insured that is an individual; That is fire, lightning or explosion insurance for premises rented to you or (2) Any partner, if you or the additional temporarily occupied by you with insured is a partnership; permission of the owner; (3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company; That is insurance purchased by you to (4) Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation; you or temporarily occupied by you with (5) Any trustee, if you or the additional permission of the owner; insured is a trust;or (4) Aircraft, Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section I — Coverage A — Bodily Injury additional insured. And Property Damage Liability; 3. Legal Action Against Us (5) Property Damage To Borrowed No person or organization has a right under this Equipment Or Use Of Elevators Coverage Part: If the loss arises out of"property damage" a. To join us as a party or otherwise bring us to borrowed equipment or the use of into a "suit" asking for damages from an elevators to the extent not subject to insured;or Exclusion j. of Section I - Coverage A - b. To sue us on this Coverage Part unless all of Bodily Injury And Property Damage Liability; its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment against an insured; but we will not be liable for Any other insurance available to you damages that are not payable under the terms of covering liability for damages arising out this Coverage Part or of the premises or operations, or products that are in excess of the applicable limit of and completed operations, for which you insurance. An agreed settlement means a have been added as an additional insured settlement and release of liability signed by us, by that insurance;or the insured and the claimant or the claimant's (7) When You Add Others As An legal representative. Additional Insured To This Insurance 4. Other Insurance Any other insurance available to an If other valid and collectible insurance is additional insured. available to the insured for a loss we cover under However,the following provisions apply to Coverages A or B of this Coverage Part, our other insurance available to any person or obligations are limited as follows: organization who is an additional insured a. Primary Insurance under this coverage part. This insurance is primary except when b. (a) Primary Insurance When Required below applies. If other insurance is also By Contract primary, we will share with all that other This insurance is primary if you have insurance by the method described in c. agreed in a written contract or written below. agreement that this insurance be primary. If other insurance is also Page 16 of 21 HG 00 01 09 16 indemnity. 2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written HG 00 01 09 16 Page 15 of 21 justments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 E Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture primary, we will share with all that 5. Premium Audit other insurance by the method a. We will compute all premiums for this described in c. below. Coverage Part in accordance with our rules (b) Primary And Non-Contributory To and rates. Other Insurance When Required By b. Premium shown in this Coverage Part as Contract advance premium is a deposit premium only. If you have agreed in a written At the close of each audit period we will contract, written agreement, or permit compute the earned premium for that period that this insurance is primary and non- and send notice to the first Named Insured. contributory with the additional The due date for audit and retrospective insured's own insurance,this insurance premiums is the date shown as the due date is primary and we will not seek on the bill. If the sum of the advance and contribution from that other insurance. audit premiums paid for the policy period is Paragraphs (a) and (b) do not apply to greater than the earned premium, we will other insurance to which the additional return the excess to the first Named Insured. insured has been added as an additional c. The first Named Insured must keep records of insured. the information we need for premium When this insurance is excess, we will have computation, and send us copies at such no duty under Coverages A or B to defend times as we may request. the insured against any "suit" if any other 6. Representations insurer has a duty to defend the insured a. When You Accept This Policy against that"suit". If no other insurer defends, we will undertake to do so, but we will be By accepting this policy,you agree: entitled to the insured's rights against all (1) The statements in the Declarations are those other insurers. accurate and complete; When this insurance is excess over other (2) Those statements are based upon insurance, we will pay only our share of the representations you made to us;and amount of the loss, if any, that exceeds the (3) We have issued this policy in reliance sum of: upon your representations. (1) The total amount that all such other b. Unintentional Failure To Disclose Hazards insurance would pay for the loss in the If unintentionally you should fail to disclose all absence of this insurance; and hazards relating to the conduct of your (2) The total of all deductible and self-insured business that exist at the inception date of amounts under all that other insurance. this Coverage Part, we shall not deny We will share the remaining loss, if any, with coverage under this Coverage Part because any other insurance that is not described in of such failure. this Excess Insurance provision and was not 7. Separation Of Insureds bought specifically to apply in excess of the Limits of Insurance shown in the Declarations Except with respect to the Limits of Insurance, of this Coverage Part. and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, c. Method Of Sharing this insurance applies: • If all of the other insurance permits a. As if each Named Insured were the only contribution by equal shares, we will follow Named Insured;and this method also. Under this approach each insurer contributes equal amounts until it has b. Separately to each insured against whom paid its applicable limit of insurance or none claim is made or"suit"is brought. of the loss remains,whichever comes first. 8. Transfer Of Rights Of Recovery Against If any of the other insurance does not permit Others To Us contribution by equal shares, we will a. Transfer Of Rights Of Recovery contribute by limits. Under this method, each If the insured has rights to recover all or part insurer's share is based on the ratio of its of any payment, including Supplementary applicable limit of insurance to the total Payments, we have made under this applicable limits of insurance of all insurers. Coverage Part, those rights are transferred to us. The insured must do nothing after loss to HG 00 01 09 16 Page 17 of 21 urrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written HG 00 01 09 16 Page 15 of 21 justments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 E Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture impair them. At our request, the insured will other motor vehicle insurance law where it is bring "suit" or transfer those rights to us and licensed or principally garaged. help us enforce them. However, "auto" does not include "mobile b. Waiver Of Rights Of Recovery (Waiver Of equipment". Subrogation) 5. "Bodily injury"means physical: If the insured has waived any rights of a. Injury; recovery against any person or organization for all or part of any payment, including b. Sickness;or Supplementary Payments, we have made c. Disease under this Coverage Part, we also waive that sustained by a person and, if arising out of the right, provided the insured waived their rights above, mental anguish or death at any time. of recovery against such person or organization in a contract, agreement or 6. "Coverage territory"means: permit that was executed prior to the injury or a. The United States of America (including its damage. territories and possessions), Puerto Rico and 9. When We Do Not Renew Canada; If we decide not to renew this Coverage Part, we b. International waters or airspace, but only if will mail or deliver to the first Named Insured the injury or damage occurs in the course of shown in the Declarations written notice of the travel or transportation between any places nonrenewal not less than 30 days before the included in a.above;or expiration date. c. All other parts of the world if the injury or If notice is mailed, proof of mailing will be damage arises out of: sufficient proof of notice. (1) Goods or products made or sold by you in SECTION V—DEFINITIONS the territory described in a.above; 1. "Advertisement" means the widespread public (2) The activities of a person whose home is dissemination of information or images that has in the territory described in a.above, but is the purpose of inducing the sale of goods, away for a short time on your business;or products or services through: (3) "Personal and advertising injury" offenses a.(1) Radio; that take place through the Internet or • similar electronic means of communication (2) Television; provided the insured's responsibility to pay (3) Billboard; damages is determined in the United States of (4) Magazine; America (including its territories and possessions), (5) Newspaper;or Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or b. Any other publication that is given widespread in a settlement we agree to. public distribution. 7. "Employee" includes a "leased worker". However,"advertisement"does not include: "Employee" does not include a "temporary a. The design, printed material, information or worker". images contained in, on or upon the 8. "Employment-Related Practices"means: packaging or labeling of any goods or products;or a. Refusal to employ that person; b. An interactive conversation between or b. Termination of that person's employment;or among persons through a computer network. c. Employment-related practices, policies, acts 2. "Advertising idea" means any idea for an or omissions, such as coercion, demotion, "advertisement". evaluation, reassignment, discipline, defamation, harassment, humiliation, 3. "Asbestos hazard" means an exposure or discrimination or malicious prosecution threat of exposure to the actual or alleged directed at that person. properties of asbestos and includes the mere presence of asbestos in any form. 9. "Executive officer" means a person holding any of the officer positions created by your charter, 4. "Auto"means: constitution, by-laws or any other similar a. A land motor vehicle, trailer or semitrailer governing document. designed for travel on public roads, including 10."Hostile fire" means one which becomes any attached machinery or equipment;or uncontrollable or breaks out from where it was b. Any other land vehicle that is subject to a intended to be. compulsory or financial responsibility law or Page 18 of 21 HG 00 01 09 16 nse, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written HG 00 01 09 16 Page 15 of 21 justments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 E Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture 11."Impaired property" means tangible property, (a) Preparing, approving, or failing to other than "your product" or "your work", that prepare or approve, maps, shop cannot be used or is less useful because: drawings, opinions, reports, surveys, a. It incorporates "your product" or "your work" field orders,change orders or drawings that is known or thought to be defective, and specifications;or deficient, inadequate or dangerous;or (b) Giving directions or instructions, or b. You have failed to fulfill the terms of a failing to give them, if that is the contract or agreement; primary cause of the injury or damage; if such property can be restored to use by the or repair, replacement, adjustment or removal of (2) Under which the insured, if an architect "your product" or"your work", or your fulfilling the engineer or surveyor, assumes liability for terms of the contract or agreement. an injury or damage arising out of the insured's rendering or failure to render 12."Insured contract"means: professional services, including those listed a. A contract for a lease of premises. However, in (1) above and supervisory, inspection, that portion of the contract for a lease of architectural or engineering activities. premises that indemnifies any person or 13."Leased worker" means a person leased to you organization for damage by fire, lightning or by a labor leasing firm under an agreement explosion to premises while rented to you or between you and the labor leasing firm, to temporarily occupied by you with permission perform duties related to the conduct of your of the owner is subject to the Damage to business. "Leased worker" does not include a Premises Rented To You Limit described in "temporary worker". Section III—Limits of Insurance; 14."Loading or unloading" means the handling of b. A sidetrack agreement; property: c. Any easement or license agreement, a. After it is moved from the place where it is including an easement or license agreement accepted for movement into or onto an in connection with construction or demolition aircraft,watercraft or"auto"; operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to b. While it is in or on an aircraft, watercraft or "auto";or indemnify a municipality, except in connection with work for a municipality; c. While it is being moved from an aircraft, e. An elevator maintenance agreement; watercraft or "auto" to the place where it is finally delivered; f. That part of any other contract or agreement but "loading or unloading" does not include the pertaining to your business (including an movement of property by means of a mechanical indemnification of a municipality in connection device, other than a hand truck, that is not with work performed for a municipality) under attached to the aircraft,watercraft or"auto". which you assume the tort liability of another party to pay for "bodily injury" or "property 15."Mobile equipment" means any of the following damage" to a third person or organization, types of land vehicles, including any attached provided the "bodily injury" or "property machinery or equipment: damage" is caused, in whole or in part, by a. Bulldozers,farm machinery,forklifts and other you or by those acting on your behalf. Tort vehicles designed for use principally off public liability means a liability that would be roads; imposed by law in the absence of any b. Vehicles maintained for use solely on or next contract or agreement. to premises you own or rent; Paragraph f. includes that part of any contract c. Vehicles that travel on crawler treads; or agreement that indemnifies a railroad for • "bodily injury" or "property damage" arising d. Vehicles, whether self-propelled or not, out of construction or demolition operations, maintained primarily to provide mobility to within 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, tracks, (1) Power cranes,shovels, loaders,diggers or road-beds,tunnel,underpass or crossing. drills;or However, Paragraph f. does not include that (2) Road construction or resurfacing part of any contract or agreement: equipment such as graders, scrapers or (1) That indemnifies an architect, engineer or rollers; surveyor for injury or damage arising out e. Vehicles not described in a.,b.,c.or d.above of: that are not self-propelled and are maintained HG00010916 Page 19of21 -2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture primarily to provide mobility to permanently e. Oral, written or electronic publication, in any attached equipment of the following types: manner, of material that violates a person's (1) Air compressors, pumps and generators, right of privacy; including spraying, welding, building f. Copying, in your "advertisement", a person's cleaning, geophysical exploration, lighting or organization's "advertising idea" or style of and well servicing equipment;or "advertisement";or (2) Cherry pickers and similar devices used to g. Infringement of copyright, slogan, or title of raise or lower workers; any literary or artistic work, in your f. Vehicles not described in a., b.,c.or d.above "advertisement". maintained primarily for purposes other than 18."Pollutants" mean any solid, liquid, gaseous or the transportation of persons or cargo. thermal irritant or contaminant, including smoke, However, self-propelled vehicles with the vapor, soot, fumes, acids, alkalis, chemicals and following types of permanently attached waste. Waste includes materials to be recycled, equipment are not"mobile equipment" but will reconditioned or reclaimed. be considered"autos": 19."Products-completed operations hazard": (1) Equipment designed primarily for: a. Includes all "bodily injury" and "property (a) Snow removal; damage" occurring away from premises you own or rent and arising out of "your product" (b) Road maintenance, but not construction or resurfacing;or or"your work"except: (c) Street cleaning; (1) Products that are still in your physical possession;or (2) Cherry pickers and similar devices (2) Work that has not yet been completed or mounted on automobile or truck chassis abandoned. However, "your work" will be and used to raise or lower workers; and deemed completed at the earliest of the (3) Air compressors, pumps and generators, following times: including spraying, welding, building (a) When all of the work called for in your cleaning, geophysical exploration, lighting contract has been completed. and well servicing equipment. (b) When all of the work to be done at the However, "mobile equipment" does not include any land vehicle that is subject to a compulsory job sitehas been completed your contract calls for work at more than or financial responsibility law or other motor one job site. vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a (c) When that part of the work done at a compulsory or financial responsibility law or other job site has been put to its intended motor vehicle insurance law are considered use by any person or organization "autos". other than another contractor or 16."Occurrence" means an accident, including subcontractor working on the same project. continuous or repeated exposure to substantially project. the same general harmful conditions. Work that may need service, maintenance, correction, repair or 17."Personal and advertising injury" means replacement, but which is otherwise injury, including consequential "bodily injury", complete,will be treated as completed. arising out of one or more of the following offenses: b. Does not include "bodily injury" or "property a. False arrest,detention or imprisonment; damage"arising out of: b. Malicious prosecution; (1) The transportation of property, unless the injury or damage arises out of a condition c. The wrongful eviction from, wrongful entry in or on a vehicle not owned or operated into, or invasion of the right of private by you, and that condition was created by occupancy of a room, dwelling or premises the "loading or unloading" of that vehicle that a person or organization occupies, by any insured; committed by or on behalf of its owner, (2) The existence of tools, uninstalled landlord or lessor; equipment or abandoned or unused d. Oral, written or electronic publication, in any materials;or manner, of material that slanders or libels a (3) Products or operations for which the person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products- services; Page 20 of 21 HG 00 01 09 16 ry or damage arising out e. Vehicles not described in a.,b.,c.or d.above of: that are not self-propelled and are maintained HG00010916 Page 19of21 -2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture completed operations are subject to the 24."Your product": General Aggregate Limit. a. Means: 20."Property damage"means: (1) Any goods or products, other than real a. Physical injury to tangible property, including property, manufactured, sold, handled, all resulting loss of use of that property. All distributed or disposed of by: such loss of use shall be deemed to occur at (a) You; the time of the physical injury that caused it; or (b) Others trading under your name;or b. Loss of use of tangible property that is not (c) A person or organization whose physically injured. All such loss of use shall business or assets you have acquired; be deemed to occur at the time of the and "occurrence that caused it. (2) Containers (other than vehicles), As used in this definition, computerized or materials, parts or equipment furnished in electronically stored data, programs or software connection with such goods or products. are not tangible property. Electronic data means b. Includes information,facts or programs: (1) Warranties or representations made at a. Stored as or on; any time with respect to the fitness, b. Created or used on;or quality, durability, performance or use of c. Transmitted to or from; "your product"; (2) The providing of or failure to provide computer software, including systems and warnings or instructions. applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing c. Does not include vending machines or other devices or any other media which are used with property rented to or located for the use of electronically controlled equipment. others but not sold. 21."Suit" means a civil proceeding in which 25."Your work": damages because of "bodily injury", "property a. Means: damage" or "personal and advertising injury" to (1) Work or operations performed by you or which this insurance applies are alleged. "Suit" on your behalf;and includes: (2) Materials, parts or equipment furnished in a. An arbitration proceeding in which such connection with such work or operations. damages are claimed and to which the b. Includes insured must submit or does submit with our consent; or (1) Warranties or representations made at b. Any other alternative dispute resolution any time with respect to the fitness, proceeding in which such damages are quality, durability, performance or use of claimed and to which the insured submits with "your work and our consent. (2) The providing of or failure to provide 22."Temporary worker" means a person who is warnings or instructions. furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker"means a person who a. is not your"employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you;and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. HG 00 01 09 16 Page 21 of 21 complete,will be treated as completed. arising out of one or more of the following offenses: b. Does not include "bodily injury" or "property a. False arrest,detention or imprisonment; damage"arising out of: b. Malicious prosecution; (1) The transportation of property, unless the injury or damage arises out of a condition c. The wrongful eviction from, wrongful entry in or on a vehicle not owned or operated into, or invasion of the right of private by you, and that condition was created by occupancy of a room, dwelling or premises the "loading or unloading" of that vehicle that a person or organization occupies, by any insured; committed by or on behalf of its owner, (2) The existence of tools, uninstalled landlord or lessor; equipment or abandoned or unused d. Oral, written or electronic publication, in any materials;or manner, of material that slanders or libels a (3) Products or operations for which the person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products- services; Page 20 of 21 HG 00 01 09 16 ry or damage arising out e. Vehicles not described in a.,b.,c.or d.above of: that are not self-propelled and are maintained HG00010916 Page 19of21 -2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture COMMERCIAL GENERAL UABIUTY Policy Number: 72 UEA QT6794 CG 02 2410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days'Notice 60 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation,as provided in paragraph 2.of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 2410 93 Copyright,Insurance Services Office,Inc., 1992 ❑ perty. Electronic data means b. Includes information,facts or programs: (1) Warranties or representations made at a. Stored as or on; any time with respect to the fitness, b. Created or used on;or quality, durability, performance or use of c. Transmitted to or from; "your product"; (2) The providing of or failure to provide computer software, including systems and warnings or instructions. applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing c. Does not include vending machines or other devices or any other media which are used with property rented to or located for the use of electronically controlled equipment. others but not sold. 21."Suit" means a civil proceeding in which 25."Your work": damages because of "bodily injury", "property a. Means: damage" or "personal and advertising injury" to (1) Work or operations performed by you or which this insurance applies are alleged. "Suit" on your behalf;and includes: (2) Materials, parts or equipment furnished in a. An arbitration proceeding in which such connection with such work or operations. damages are claimed and to which the b. Includes insured must submit or does submit with our consent; or (1) Warranties or representations made at b. Any other alternative dispute resolution any time with respect to the fitness, proceeding in which such damages are quality, durability, performance or use of claimed and to which the insured submits with "your work and our consent. (2) The providing of or failure to provide 22."Temporary worker" means a person who is warnings or instructions. furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker"means a person who a. is not your"employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you;and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. HG 00 01 09 16 Page 21 of 21 complete,will be treated as completed. arising out of one or more of the following offenses: b. Does not include "bodily injury" or "property a. False arrest,detention or imprisonment; damage"arising out of: b. Malicious prosecution; (1) The transportation of property, unless the injury or damage arises out of a condition c. The wrongful eviction from, wrongful entry in or on a vehicle not owned or operated into, or invasion of the right of private by you, and that condition was created by occupancy of a room, dwelling or premises the "loading or unloading" of that vehicle that a person or organization occupies, by any insured; committed by or on behalf of its owner, (2) The existence of tools, uninstalled landlord or lessor; equipment or abandoned or unused d. Oral, written or electronic publication, in any materials;or manner, of material that slanders or libels a (3) Products or operations for which the person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products- services; Page 20 of 21 HG 00 01 09 16 ry or damage arising out e. Vehicles not described in a.,b.,c.or d.above of: that are not self-propelled and are maintained HG00010916 Page 19of21 -2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD acility and maintain relocation of Communications to the existing l�ti EOC space on the Lower Level during construction. r.y0 )\\k- 52 vvestbergwhite architecture westbergwhite of recovery plans and the ability to implement a' t-track schedule. ,vchancture AcciRco CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDINYYYY)03/01/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tina Cowie NAME: Cornerstone Specialty Insurance Services,Inc. PHONE (714)731-7700 FAX (714)731-7750 . MAIL No,Extl: p� ty (A/C,No): 14252 Culver Drive,A299 ADDRESS: lino omerstones com al INSURER(S)AFFORDING COVERAGE NAIC A - Irvine CA 92604 INSURER A: Travelers Indemnity Co of Conn 25682 INSURED INSURERS, Travelers Property Casualty Co 25674 WESTBERG+WHITE,INC. INSURER c: Aspen American Insurance Company 14471 Chambers Road Ste 210 INSURER D: INSURER E: Tustin CA 92780 INSURER F: COVERAGES CERTIFICATE NUMBER: 19/20 COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VIMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUM POLICY EFF POUCY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea ocurrence) $DAMAGE TO RENTED 1,000,000 c X ADDTL INSRD/PRIMARY MED EXP(Any one person) $ 5,000 A X BLNKT WVR OF SUBRO Y Y 680-6H712316 01/27/2019 01/27/2020 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $ 2,000,000 POLICY PRQ 2,000,000 JEC7 LOC PRODUCTS-GOMPIOP AGG $ OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y BA-585M7605 01/27/2019 01/27/2020 BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 B EXCESS UAB CLAIMS-MADE Y Y CUP-8176Y01.8.twPROVEp AS TO 11]127L2019 01/27/2020 AGGREGATE $ 3,000,000 DED XI RETENTION$ 0 FvUnHrMr $ WORKERS COMPENSATION XI STATUTE OTH- AND EMPLOYERS'LIABILITY Y 1 N By: ER B ANY PROPRIETOR/PARTNER/EXECUTIVE ri NIA Y XJU&9J774725MICHAELE.GA�T��j27/201y 01/27/2020 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) EXCLUDED? C�A1TORN:Y 1,000,000 (Mandatory in EL.DISFaCF-EA EMPLOYEE $ If yes,describe under CITY OF HUNTINGTON BEACH 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ Each Claim $3,000,000 Professional Liability C Claims Made AAAE100396-00 01/27/2019 01/2712020 Annual Aggregate $3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Huntington Beach,its elected or appointed officials,agents,officers,employees and volunteers are Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement.Coverage is-subject to all policy terms and conditions.*30 days notice of cancellation,except for 10 days notice for non-payment of premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture POLICY NUMBER: 680-6H712316 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Westberg+White,Inc. POLICY PERIOD:1/27/2019 to 1/27/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS h_ This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for"bodily injury", coverage for that additional insured, and then "property damage"or"personal injury";and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury"or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period,whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV - COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization;or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury for which such person or insurance, whether primary, excess, contingent or on any other basis, that is available to the organization has assumed liability in a additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional is added by another endorsement to this insured which covers that person or organizations Coverage Part. as a named insured for such loss, and we will._not share with the other insurance, provided that: f. This insurance does not apply to the rendering of or failure to render any (1) The "bodily injury" or "property damage" for "professional services". which coverage is sought occurs;and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury' arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance"with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage"occurs, or the"personal injury" offense is committed. Page 2 of 2 ti 2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission ide such coverage or the end of the with premises owned by or rented to you. policy period,whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV - COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization;or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury for which such person or insurance, whether primary, excess, contingent or on any other basis, that is available to the organization has assumed liability in a additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional is added by another endorsement to this insured which covers that person or organizations Coverage Part. as a named insured for such loss, and we will._not share with the other insurance, provided that: f. This insurance does not apply to the rendering of or failure to render any (1) The "bodily injury" or "property damage" for "professional services". which coverage is sought occurs;and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture NAMED INSURED:Westberg+White,Inc. COMMERCIAL AUTO POLICY NUMBER: BA-585M7605 POLICY PERIOD:01/27/2019 to 01/27/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover-age description only. Limitations and_exclusions may apply to these coverages. Read all the provisions of this en-dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO,VISUAL AND DATA ELECTRONIC B. EMPLOYEE.HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS—INCREASED J. PERSONAL EFFECTS LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE—TRANSPORTATION EXPENSES—INCREASED LIMIT A.. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II — LIABILITY COV- 2. The following replaces Paragraph b. in ERAGE: B.5.,Other Insurance, of SECTION IV — Any person or organization who is required under a BUSI-NESS AUTO CONDITIONS: written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be covered executed by you before the "bodily injury" or "autos"you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi- (1)Any covered "auto" you lease, hire,rent or borrow;and tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance (2) Any covered "auto" hired or rented by applies and only to the extent that person or or- your"employee" under a contract in that ganization qualifies as an "insured" under the Who individual "employee's" name, with your Is An Insured provision contained in Section II. permission, while perform-ing duties related to the conduct of your business. B. EMPLOYEE HIRED AUTO However, any"auto"that is leased, hired, 1. The following is added to Paragraph A.1.,Who rented or borrowed with a driver is not a Is An Insured, of SECTION II — LI-ABILITY covered"auto". COVERAGE: C. EMPLOYEES AS INSURED An "employee" of yours is an "insured" The following is added to Paragraph A.1.,Who Is whileoperating a covered "auto" hired or An Insured, of SECTION II—LIABILITY COV- rentedunder a contract or agreement in that "em- ERAGE: ployee's"name,with your permission,while CA T4 20 07 10 C 2010 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ned that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture COMMERCIAL AUTO Any "employee" of yours is an "insured" while (3) If a repair or replacement results in better using a covered "auto" you don't own, hire or than like kind or quality, we will not pay for borrow in your business or your personal affairs. the amount of betterment. SUPPLEMENTARY PAYMENTS—INCREASED (4) A deductible equal to the highest Physical D. LIMITS Damage deductible applicable to any 1. The following replaces Paragraph A.2.a.(2) of owned covered"auto". SECTION II—LIABILITY COVERAGE: (5)This Coverage Extension does not apply to: (2) Up to $3,000 for cost of bail bonds (in- (a) Any"auto"that is hired, rented or bor- cluding bonds for related traffic law viola- rowed with a driver; or tions) required because of an "accident" (b) Any"auto"that is hired, rented or bor- we cover.We do not have to furnish these rowed from your"employee". bonds. G. PHYSICAL DAMAGE — TRANSPORTATION 2. The following replaces Paragraph A.2.a.(4) of EXPENSES—INCREASED LIMIT SECTION II—LIABILITY COVERAGE: The following replaces the first sentence in (4) All reasonable expenses incurred by the Para-graph A.4.a., Transportation Expenses, "insured" at our request, including actual of SECTION III — PHYSICAL DAMAGE loss of earnings up to$500 a day be-cause COVER-AGE: of time off from work. We will pay up to$50 per day to a maximum of E.TRAILERS—INCREASED LOAD CAPACITY $1,500 for temporary transportation expense in- The following replaces Paragraph C.1. of SEC- curred by you because of the total theft of a cov- TION I—COVERED AUTOS: ered"auto"of the private passenger type. 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT—INCREASED LIMIT on public roads. Paragraph C.2.. Limit Of Insurance, of SEC- F.HIRED AUTO PHYSICAL DAMAGE TION III—PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph A.4., deleted. Cover-age Extensions, of SECTION III — I• WAIVER OF DEDUCTIBLE—GLASS PHYSICAL DAMAGE COVERAGE: The following is added to Paragraph D., Hired Auto Physical Damage Coverage Deducti-ble, of SECTION III — PHYSICAL If hired "autos" are covered"autos"for Liability DAMAGE COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also glass damage if the glass is repaired rather than provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage J. PERSONAL EFFECTS Coverage is extended to "autos" that you hire, The following is added to Paragraph A.4., rent or borrow subject to the following: Cover-age Extensions, of SECTION III — (1) The most we will pay for "loss" in any one PHYSICAL DAMAGE COVERAGE: "accident" to a hired, rented or borrowed "auto"is the lesser of: Personal Effects Coverage (a)$50,000; We will pay up to $400 for"loss"to wearing ap- parel and other personal effects which are: (b) The actual cash value of the damaged or stolen property as of the time of the (1)Owned by an"insured"; and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". CA T4 20 07 10 0 2010 The Travelers Indemnity Company.All rights reserved. Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ed and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the time sions, of SECTION III — PHYSICAL DAMAGE of the"loss"; COVERAGE: (b) Financial penalties imposed under a lease for Exclusion 3.a. does not apply to "loss" to one or excessive use, abnormal wear and tear or more airbags in a covered "auto" you own that in- high mileage; flate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les-sor; set forth in Paragraphs A.1.b.and A.1.c.,but only: (d) Costs for extended warranties, Credit Life a. If that "auto" is a covered "auto" for Compre- Insurance, Health, Accident or Disability hensive Coverage under this policy; Insurance purchased with the loan or lease; b. The airbags are not covered under any war- and ranty; and (e) Carry-over balances from previous loans or c.The airbags were not intentionally inflated. leases. We will pay up to a maximum of$1,000 for any one M. BLANKET WAIVER OF SUBROGATION "loss". The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of L. AUTO LOAN LEASE GAP SECTION IV—BUSINESS AUTO CONDI-TIONS: The following is added to Paragraph A.4., Cover- 5.Transfer Of Rights Of Recovery Against Others age Extensions, of SECTION III — PHYSICAL To Us DAMAGE COVERAGE: We waive any right of recovery we may have Auto Loan Lease Gap Coverage for Private against any person or organization to the ex-tent Passenger Type Vehicles required of you by a written contract exe-cuted in the event of a total "loss"to a covered "auto" of prior to any"accident"or"loss", pro-vided that the the private passenger type shown in the Schedule "accident"or"loss"arises out of the operations or Declarations for which Physical Damage Coy- contemplated by such con-tract.The waiver erage is provided, we will pay any unpaid amount applies only to the person or organization due on the lease or loan for such covered "auto" designated in such contract. less the following: (1)The amount paid under the Physical Damage Coverage Section of the policy for that"auto";and CA T4 20 07 10 ©2010 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. glass damage if the glass is repaired rather than provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage J. PERSONAL EFFECTS Coverage is extended to "autos" that you hire, The following is added to Paragraph A.4., rent or borrow subject to the following: Cover-age Extensions, of SECTION III — (1) The most we will pay for "loss" in any one PHYSICAL DAMAGE COVERAGE: "accident" to a hired, rented or borrowed "auto"is the lesser of: Personal Effects Coverage (a)$50,000; We will pay up to $400 for"loss"to wearing ap- parel and other personal effects which are: (b) The actual cash value of the damaged or stolen property as of the time of the (1)Owned by an"insured"; and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". CA T4 20 07 10 0 2010 The Travelers Indemnity Company.All rights reserved. Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ed and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture POLICY NUMBER: BA-585M7605 INSURED: Westberg +White, Inc. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRICR COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- a writen contract o' :agreement thou is sinned and meni, the provisions of the Coverage Form apply executed by you before the"bodily injury"or"properly unieSS modified by the endorsement_ damage'occurs inttt that is in effed during the policy The following is added to the Section II — Liability period is an"insured"for Liability Coverage. but only Coverage, Paragraph Al. Who Is An Insured Pro- to dtenagm k;which this Insur?nce pikes and i only vision. 9 9 to the extent that person or organization qualifies as on "insured' under the Who Is An Insured provision Any pw$o:r yr tirttairi.atic,;n th rl ytlut rue 'ecWiied to contained in Section It include as additional insured on the Coverage Form in CA Td 37 0$0$ rs 20as The Travotors Companies.Inc. Page 1 crl 1 Rights Of Recovery Against Others To Us, of L. AUTO LOAN LEASE GAP SECTION IV—BUSINESS AUTO CONDI-TIONS: The following is added to Paragraph A.4., Cover- 5.Transfer Of Rights Of Recovery Against Others age Extensions, of SECTION III — PHYSICAL To Us DAMAGE COVERAGE: We waive any right of recovery we may have Auto Loan Lease Gap Coverage for Private against any person or organization to the ex-tent Passenger Type Vehicles required of you by a written contract exe-cuted in the event of a total "loss"to a covered "auto" of prior to any"accident"or"loss", pro-vided that the the private passenger type shown in the Schedule "accident"or"loss"arises out of the operations or Declarations for which Physical Damage Coy- contemplated by such con-tract.The waiver erage is provided, we will pay any unpaid amount applies only to the person or organization due on the lease or loan for such covered "auto" designated in such contract. less the following: (1)The amount paid under the Physical Damage Coverage Section of the policy for that"auto";and CA T4 20 07 10 ©2010 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. glass damage if the glass is repaired rather than provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage J. PERSONAL EFFECTS Coverage is extended to "autos" that you hire, The following is added to Paragraph A.4., rent or borrow subject to the following: Cover-age Extensions, of SECTION III — (1) The most we will pay for "loss" in any one PHYSICAL DAMAGE COVERAGE: "accident" to a hired, rented or borrowed "auto"is the lesser of: Personal Effects Coverage (a)$50,000; We will pay up to $400 for"loss"to wearing ap- parel and other personal effects which are: (b) The actual cash value of the damaged or stolen property as of the time of the (1)Owned by an"insured"; and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". CA T4 20 07 10 0 2010 The Travelers Indemnity Company.All rights reserved. Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ed and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture INSURED: Westberg &White, Inc. POLICY DATES: 01/27/2019-01/27/2020 TRAVELERS� WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00)-001 POLICY NUMBER: XJUB-9J774725 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. nclude as additional insured on the Coverage Form in CA Td 37 0$0$ rs 20as The Travotors Companies.Inc. Page 1 crl 1 Rights Of Recovery Against Others To Us, of L. AUTO LOAN LEASE GAP SECTION IV—BUSINESS AUTO CONDI-TIONS: The following is added to Paragraph A.4., Cover- 5.Transfer Of Rights Of Recovery Against Others age Extensions, of SECTION III — PHYSICAL To Us DAMAGE COVERAGE: We waive any right of recovery we may have Auto Loan Lease Gap Coverage for Private against any person or organization to the ex-tent Passenger Type Vehicles required of you by a written contract exe-cuted in the event of a total "loss"to a covered "auto" of prior to any"accident"or"loss", pro-vided that the the private passenger type shown in the Schedule "accident"or"loss"arises out of the operations or Declarations for which Physical Damage Coy- contemplated by such con-tract.The waiver erage is provided, we will pay any unpaid amount applies only to the person or organization due on the lease or loan for such covered "auto" designated in such contract. less the following: (1)The amount paid under the Physical Damage Coverage Section of the policy for that"auto";and CA T4 20 07 10 ©2010 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. glass damage if the glass is repaired rather than provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage J. PERSONAL EFFECTS Coverage is extended to "autos" that you hire, The following is added to Paragraph A.4., rent or borrow subject to the following: Cover-age Extensions, of SECTION III — (1) The most we will pay for "loss" in any one PHYSICAL DAMAGE COVERAGE: "accident" to a hired, rented or borrowed "auto"is the lesser of: Personal Effects Coverage (a)$50,000; We will pay up to $400 for"loss"to wearing ap- parel and other personal effects which are: (b) The actual cash value of the damaged or stolen property as of the time of the (1)Owned by an"insured"; and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". CA T4 20 07 10 0 2010 The Travelers Indemnity Company.All rights reserved. Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ed and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture POLICY NUMBER: 680-6H712316 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Westberg+White Inc. DATE PULLED: 3/1119 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON(S)OR ORGANIZATION(S): City of Huntington Beach, its elected or appointed officials, agents, officers,employees and volunteers PROJECT/LOCATION OF COVERED OPERATIONS: Huntington Beach Policie Dept. 1. WHO IS AN INSURED (Section II) is 2. The insurance provided to the additional amended to include the person or insured by this endorsement is limited as organization shown in the Schedule above follows: as an additional insured on this Coverage Part, but: a. This insurance does not apply to the rendering of or failure to render any a. Only with respect to liability for "bodily "professional services". injury", "property damage" or"personal injury"; and b. The limits of insurance afforded to the additional insured shall be the limits b. If the injury or damage arises out of the which you agreed to provide in a performance, by you or your "contract or agreement requiring subcontractor, of "your work" on or for insurance" for that additional insured, the project, or at the location, shown in or the limits shown in the Declarations the Schedule above. Such person or for this Coverage Part, whichever are organization does not qualify as an less. This endorsement does not additional insured with respect to their increase the limits of insurance stated independent acts or for "bodily injury", in the LIMITS OF INSURANCE "property damage" or "personal injury" (Section III)for this Coverage Pert. for which that person or organization has assumed liability in a contract or 3. The following is added to Paragraph a. of agreement. 4. Other Insurance in COMMERCIAL CG D3 82 09 06 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 1 of 2 Copyright,Insurance Services Office,Inc.,2001 ;and CA T4 20 07 10 ©2010 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. glass damage if the glass is repaired rather than provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage J. PERSONAL EFFECTS Coverage is extended to "autos" that you hire, The following is added to Paragraph A.4., rent or borrow subject to the following: Cover-age Extensions, of SECTION III — (1) The most we will pay for "loss" in any one PHYSICAL DAMAGE COVERAGE: "accident" to a hired, rented or borrowed "auto"is the lesser of: Personal Effects Coverage (a)$50,000; We will pay up to $400 for"loss"to wearing ap- parel and other personal effects which are: (b) The actual cash value of the damaged or stolen property as of the time of the (1)Owned by an"insured"; and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". CA T4 20 07 10 0 2010 The Travelers Indemnity Company.All rights reserved. Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ed and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture GENERAL LIABILITY CONDITIONS arising out of "your work" on or for the (Section IV): project, or at the location, shown in the Schedule above, performed by you, or on However, if you specifically agree in a your behalf, under a "contract or °contract or agreement requiring agreement requiring insurance" with that insurance" that, for the additional additional insured. We waive these rights insured shown in the Schedule, the only where you have agreed to do so as insurance provided to that additional part of the "contract or agreement insured under this Coverage Part must requiring insurance" with that additional apply on a primary basis, or a primary insured entered into by you before, and in and non-contributory basis, this effect when, the "bodily injury" or"property insurance is primary to other insurance damage" occurs, or the "personal injury" that is available to such additional offense is committed. insured which covers such additional insured as a named insured, and we 5. As respects the insurance provided to the will not share with the other insurance, additional insured by this endorsement, provided that: the following definition is added to DEFINITIONS (Section V): (1) The "bodily injury" or "property damage" for which coverage is "contract or agreement requiring sought occurs; and insurance" means that part of any contract or agreement under which you are (2) The "personal injury" for which required to include the person or coverage is sought arises out of organization shown in the Schedule as an an offense committed; additional insured on this Coverage Part, after you have entered into that provided that the "bodily injury" and "property damage" occurs, and the "contract or agreement requiring "personal injury" is caused by an offense insurance" for such additional insured. committed: But this insurance still is excess over valid and collectible other insurance, a. After you have entered into that whether primary, excess, contingent or contract or agreement; on any other basis, that is available to the additional insured when the b. While that part of the contract or additional insured is also an additional agreement is in effect;and insured under any other insurance. c. Before the end of the policy period. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against All other terms of your policy remain the Others To Us in COMMERCIAL same. GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" CG D3 82 09 06 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 2 of 2 Copyright,Insurance Services Office,Inc.,1988 f the time of the (1)Owned by an"insured"; and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". CA T4 20 07 10 0 2010 The Travelers Indemnity Company.All rights reserved. Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ed and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture %rt :t,_. CITY OF HUNTINGTON BEACH ��, � 4'4.46, s x'i VED t'pt E 1 . Professional Service Approval Form NOV 16 2018 -„cots d / PART - ' Department Date: 11/7/2018 Project Manager Name: Tom Herbel Requested by Name if different from Project Manager: Todd Broussar Department: Public Works c , PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Professional services agreement for Project Manager at Risk for Police Department Building improvements 2) Estimated cost of the services being sought: $ 1,000,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b)—Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) j Yes ❑ No ' ,`�/p Fiscal Services Manager 6ignature (Purchasing Approval) Date — 6) Amount, Business Unit(8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year ' Fiscal Year 18119 31487004.82200 $1000000 $ $ $ -- $ 1,59.,141 $ $ --- $_ $ $ $ $ (N%TtAi. na. t(if)/(g. Suocier Cbtrie 7c.: Budget Approval Date L ;l Department cad Signature(s) ` ate or1 ._. — It ( Li ( II hief Fib na ial Officer Sign ture Date : �11! Di i3D 11 Assists t City Manager Mana er Signature Date 1411 g APPROVER- DE D lfr. ( ) y anager's Signature Date professional servce approval form- part i.doc REV: February 2015 following is added to Paragraph 8. Transfer Of Rights Of Recovery Against All other terms of your policy remain the Others To Us in COMMERCIAL same. GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" CG D3 82 09 06 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 2 of 2 Copyright,Insurance Services Office,Inc.,1988 f the time of the (1)Owned by an"insured"; and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". CA T4 20 07 10 0 2010 The Travelers Indemnity Company.All rights reserved. Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ed and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: PD Modernization Project SERVICE DESCRIPTION: Provide Project Management and A/E services VENDOR: Erickson-Hall OVERALL RANKING: 1 of 3 SUBJECT MATTER EXPERTS/RATERS: Assistant Police Chief, Budget Manager, Construction Manager, Facilities Manager, Infrastructure Manager. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 462 VENDOR NAME—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Program Management Capabilities 120 125 Technical Approach 116 125 Previous Experience 111 125 Cost Control/Financial 115 125 Total 462 500 II. DUE DILIGENCE REVIEW • Interview Ranking: 1 Erickson-Hall-Summary of Review • Individual team member qualifications, specifically the assigned Project Manager • Proposed a broader and more cohesive Project Team, which includes the architect already familiar with the project. No learning curve. • Project understanding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview Erickson-Hall— Pricing • $1,599,741 300 ' ,`�/p Fiscal Services Manager 6ignature (Purchasing Approval) Date — 6) Amount, Business Unit(8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year ' Fiscal Year 18119 31487004.82200 $1000000 $ $ $ -- $ 1,59.,141 $ $ --- $_ $ $ $ $ (N%TtAi. na. t(if)/(g. Suocier Cbtrie 7c.: Budget Approval Date L ;l Department cad Signature(s) ` ate or1 ._. — It ( Li ( II hief Fib na ial Officer Sign ture Date : �11! Di i3D 11 Assists t City Manager Mana er Signature Date 1411 g APPROVER- DE D lfr. ( ) y anager's Signature Date professional servce approval form- part i.doc REV: February 2015 following is added to Paragraph 8. Transfer Of Rights Of Recovery Against All other terms of your policy remain the Others To Us in COMMERCIAL same. GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" CG D3 82 09 06 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 2 of 2 Copyright,Insurance Services Office,Inc.,1988 f the time of the (1)Owned by an"insured"; and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". CA T4 20 07 10 0 2010 The Travelers Indemnity Company.All rights reserved. Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ed and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: PD Modernization Project SERVICE DESCRIPTION: Provide Project Management and A/E services VENDOR: Vendor 2 OVERALL RANKING: 2 of 3 SUBJECT MATTER EXPERTS/RATERS: Assistant Police Chief, Budget Manager, Construction Manager, Facilities Manager, Infrastructure Manager. I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: VENDOR NAME—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Program Management Capabilities 113 125 Technical Approach 104 125 Previous Experience 117 125 Cost Control/Financial 109 125 Total 443 500 II. DUE DILIGENCE REVIEW • Interview Ranking: 2 VENDOR 2—Summary of Review • The firm has experience and depth for providing PM@ Risk services both in their proposal and in interview. • The firm has experience with new PD facilities. VENDOR 2— Pricing • $1,369,000 2 301 ding of specific items described in the RFQ • Experience with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview Erickson-Hall— Pricing • $1,599,741 300 ' ,`�/p Fiscal Services Manager 6ignature (Purchasing Approval) Date — 6) Amount, Business Unit(8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year ' Fiscal Year 18119 31487004.82200 $1000000 $ $ $ -- $ 1,59.,141 $ $ --- $_ $ $ $ $ (N%TtAi. na. t(if)/(g. Suocier Cbtrie 7c.: Budget Approval Date L ;l Department cad Signature(s) ` ate or1 ._. — It ( Li ( II hief Fib na ial Officer Sign ture Date : �11! Di i3D 11 Assists t City Manager Mana er Signature Date 1411 g APPROVER- DE D lfr. ( ) y anager's Signature Date professional servce approval form- part i.doc REV: February 2015 following is added to Paragraph 8. Transfer Of Rights Of Recovery Against All other terms of your policy remain the Others To Us in COMMERCIAL same. GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" CG D3 82 09 06 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 2 of 2 Copyright,Insurance Services Office,Inc.,1988 f the time of the (1)Owned by an"insured"; and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". CA T4 20 07 10 0 2010 The Travelers Indemnity Company.All rights reserved. Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ed and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: PD Modernization Project SERVICE DESCRIPTION: Provide Project Management and A/E services VENDOR: Vendor 3 OVERALL RANKING: 3 of 3 SUBJECT MATTER EXPERTS/RATERS: Assistant Police Chief, Budget Manager, Construction Manager, Facilities Manager, Infrastructure Manager. I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 364 VENDOR NAME—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Program Management Capabilities 86 125 Technical Approach 92 125 Previous Experience 90 125 Cost Control/Financial 96 125 Total 364 500 II. DUE DILIGENCE REVIEW • Interview Ranking: Was not interviewed. VENDOR 3—Summary of Review • Was not interviewed • Staff lacked rehabilitation experience of existing PD facilities. • Listed projects not related to rehabilitating existing PD facilities. VENDOR 3—Pricing • Did not submit a formal fee proposal 3 302 nce with tenant improvements versus ground up construction • Project approach addressing the schematic design included in the RFQ • Interaction/exchange and response to questions during the interview • Project control tools and rapid response capabilities displayed during interview Erickson-Hall— Pricing • $1,599,741 300 ' ,`�/p Fiscal Services Manager 6ignature (Purchasing Approval) Date — 6) Amount, Business Unit(8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year ' Fiscal Year 18119 31487004.82200 $1000000 $ $ $ -- $ 1,59.,141 $ $ --- $_ $ $ $ $ (N%TtAi. na. t(if)/(g. Suocier Cbtrie 7c.: Budget Approval Date L ;l Department cad Signature(s) ` ate or1 ._. — It ( Li ( II hief Fib na ial Officer Sign ture Date : �11! Di i3D 11 Assists t City Manager Mana er Signature Date 1411 g APPROVER- DE D lfr. ( ) y anager's Signature Date professional servce approval form- part i.doc REV: February 2015 following is added to Paragraph 8. Transfer Of Rights Of Recovery Against All other terms of your policy remain the Others To Us in COMMERCIAL same. GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" CG D3 82 09 06 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 2 of 2 Copyright,Insurance Services Office,Inc.,1988 f the time of the (1)Owned by an"insured"; and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". CA T4 20 07 10 0 2010 The Travelers Indemnity Company.All rights reserved. Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ed and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III - person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 u 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE %�/ � Huntington Beach CA 92648 `�""" "`detzi_ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ility to implement a' t-track schedule. ,vchancture Estanislau, Robin From: Brenden, Patrick Sent: Monday, March 18, 2019 2:26 PM To: Estanislau, Robin Cc: Wilson, Fred; Delgleize, Barbara Subject: Item 21. 19-159 Professional Services Contract, Erickson-Hall REF: 21. 19-159 Approve and authorize execution of a Professional Services Contract with Erickson-Hall Construction Co. for the Police Department Modernization Project On behalf of myself and Council Member Delgleize, I respectfully request that this agenda item which is scheduled for tonight's Council meeting be continued until the next Council meeting on April 1st. Respectfully, Patrick Brenden City Council Member SUPPLEMENTAL COMMUNICATION Meeting Date: 3//el/I Agenda Item No.; a/ ( l 9— s/) 1 U =- c W .ata : I of the City of Huntington Beach, California //ssi�s�e / II� 1-INGT0 City of Huntington Beach vAir 4 °� iY.. �s; 2000 Main Street ♦ Huntington Beach, CA 92648 , (714) 536-5227 ♦ www.huntingtonbeachca.gov C . `� C°UNTY Os i�A Office of the City Clerk sises� Robin Estanislau, City Clerk March 19, 2019 Erickson-Hall Construction Co Attn: Nathan Complin 500 Corporate Drive Escondido, CA 92029 Dear Mr. Complin: Enclosed is a fully executed original "Professional Services Contract between the City of Huntington Beach and Erickson-Hall Construction Co for Program Management Services for Modernization of Police Department Facility" approved by the Huntington Beach City Council on March 18, 2019. Sincerely, 94uJ4u) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand