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HomeMy WebLinkAboutAKM Consulting Engineers - 2005-12-19V RECE IV ED 2005 DEC —8 Aid I I : 16 Council/Agency Meeting Held: ! o, i"i" �' � yt Deferred/Continued to: I�t�t� TIN TO:`3 " = 0 Approved U Conditionally Approved ❑ Denied City C r 's natu Council Meeting Date: 12/19/2005 Department umber: PW 05-082 SUBMITTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION HONORABLE MAYOR AND CITY UNCIL MEMBERS PEN OP CE ULBRE�, CIT DMINISTRATOR ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WORKS Approve Contracts for As Needed Professional Civil Engineering Services Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Public Works Department requires professional civil engineering services on an as needed basis to support staff for the design and construction of capital projects. Funding Source: Funds are available within budgeted capital improvement projects. Additional Council authorization will be requested for unbudgeted projects, if necessary. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute professional service contracts for the following six firms: AKM Consulting Engineers, Boyle Engineering Corporation, Dudek & Associates, Inc., Harris & Associates, Inc., Huitt—Zollars, Inc., and Richard Brady & Associates, Inc. Alternative Action(s): Do not authorize the contracts and direct staff to request proposals from other engineering firms for design services for various capital projects. Projects could be delayed up to one year. F- 7 REQUEST FOR ACTION MEETING DATE: 12/19/2005 DEPARTMENT ID NUMBER:PW 05-082 Analysis: The City's Capital Improvement Program exceeds $50 million in FY 2005/06. Projects include street widening, sewer lift stations, drainage and water facility improvements. Design and construction engineering support for the myriad of projects is assigned to firms specializing in the various disciplines as it is not possible to complete the large workload using only City staff. It is to the City's benefit to retain qualified firms for capital project design and engineering. Project assignments are rotated among the consultants, taking advantage of each consultant's specializations. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. The proposed new contracts allow for a three-year contract term with a total budget not to exceed $2 million per contract over the three-year contract term. Funding sources will be capital project accounts, using the approved project budgets. Public Works Commission Action: Not required. Environmental Status: Not applicable. Attachment(s): 'r-/L-e 40 cR 936 Design Professional Services Contract with AKM Consulting Engineers. a't003-70 -- 2. Design Professional Services Contract with Boyle Engineering Corporation. -/ -- 3. Design Professional Services Contract with Dudek & Associates, Inc. 4. Professional Services Contract with Harris & Associates, Inc. �3 5. Design Professional Services Contract with Huitt—Zollars, Inc. 6. Design Professional Services Contract with Richard Brady & Associates, Inc. G:\R C A\2005\05-082 Dec 19 Ferrigno (Approve Contracts for As Needed Civil Engineering).doc -2- 12/2/2005 3:21 PM ATTACHMENT #1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AKM CONSULTING ENGINEERS FOR AS -NEEDED CIVIL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and AKM CONSULTING ENGINEERS, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as -need civil engineering services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services described as individual engineering projects on an as -needed basis as directed by CITY. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT will perform all engineering functions as set forth in a written Scope of Work to be provided in advance of each PROJECT. CONSULTANT hereby designates John Loague who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 05agree/AKM-rev I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire November 7, 2008, unless sooner terminated as provided herein. The time for performance of the tasks identified in the Scope of Services are generally to be shown in the Scope of Services. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in the original proposal for as -needed services, a fee based upon approved Capital Improvement Projects, including all costs and expenses, not to exceed Two Million Dollars ($2,000,000). 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the scope of services described in the Scope of Services CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit A. 05agree/AKM-rev 2 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters an d other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's 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 a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's 05agree/AKM-rev 3 professional liability 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, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements) B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) 05agreeJAKM-rev 4 days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, 05agree/AKM-rev 5 report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate 05agree/AKM-rev 6 different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: John Loague AKM Consulting Engineers 553 Wald Irvine, CA 92618 46,A} When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any 05agree/AKM-rev 7 provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside 05agree/AKM-rev 8 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 prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing 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. 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 to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or 05agree/AKM-rev 9 circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers Z E'CEln dc'72_ / ? , 20 4' . AKM CONSULTING ENGINEERS By: . Omoi7Zeki Kayiran, President I:WY11 By: /�'� "O-� i Mehmet Kayiran, dhief Financial Officer REVIEWED AND APPROVED: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ity Clerk iz f APPROVED AS TO FORM: 4�i--Lt�q , v I -? city Administrator �Q (ity Attorney INITIATED AND APPROVED: Director of Public Works 05agree/AKM-rev 10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AKM CONSULTING ENGINEERS FOR AS -NEEDED CIVIL ENGINEERING SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment ............................................. ..................................................... 3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance........................................................................... 4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices........................................................................................ 7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Entirety......................................................................................................................10 jmp/contracts group/intematl sample/10/11105 EXHIBIT "A" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in the written Scope of Work 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. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. jmp/contracts group/intemad sample/10/11105 DATE AM46-,t CERTIFICATE OF LIABILITY INSURANCE 0911912005Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford Casualty Insurance Co. AKM Consulting Engineers, Inc. INSURER B: American Automobile Ins. Co. 553 Wald Street INSURER C: St. Paul Fire & Marine Ins. Co. Irvine, CA 92618 INSURER D: INSURER E COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMWDDNY1 POLICY EXPIRATION DATE IMWDD1YY1 LIMITS A GENERAL LIABILITY 57SBALU8719 09/20/05 09/20/06 EACH OCCURRENCE $2 OOO 0100 FIRE DAMAGE (Anyone fire) $300,Q00 X I COMM ERCIAL GENERAL LIAR LITY CLAIMS MADE 41OCCUR MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMP/OPAGG $4,000,000 X POLICY PRO- LOC A AUTOMOBILE LIABILITY ANY AUTO 57SBALUB719 09/20/05 09/20/06 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS NON -OWNED AUTOS I BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS LIABILITY 57SBALU8719 09/20/05 09/20/06 EACH OCCURRENCE $1 000, 000 X OCCUR CLAIMS MADE AGGREGATE $1,000,000 $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80932153 07/01/05 07/01/06 �( DR LIMIT OTH- TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.LDISEASE -EAEMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional QP03801912 09/20/05 09/20/06 $1,000,000 per claim Liability $2,000,000 anni aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHiCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. ROVED A TO F RM: RE: As needed Water Engineering Services Professional Liability Deductible = zero. IVIFER MoGRATH, Ca (See Attached Descriptions) CERTIFICA City of Huntington Beach Attn: Risk Management 2000 Main Street Huntington Beach, CA 92648 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL j)(RW*%X)QpMAIL 30__DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLD ERNAM EDTOTHE LEFT, B((X5ffiX=JildjQjQ7 RMtM i Ak;UrtuZb—bk"U1)1 of 2 #M137797 MNN U At,UKULUtSrUKAIwr1I J%1 5 Client#: 974 AKMCONSUL ,,,CERTIFICATE OF LIABILITY INSURANCE Y' 09119/2005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 12675 ONLY HOLDER. ALTER AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 INSURERS AFFORDING COVERAGE INSURED AKM Consulting Engineers, Inc. 553 Wald Street INSURER A: Hartford Casualty Insurance Co. INSURERB: American Automobile Ins. Co. INSURERC: St. Paul Fire & Marine Ins. Co. Irvine, CA 92618 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATES]. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDNY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY 57SBALU8719 09/20/05 09/20/06 EACH OCCURRENCE $2 QQQ QQQ FIRE DAMAGE (Any onefire) $3QQ,000 X COMMERCIAL GENERAL LIAB ILITY CLAIMS MADE L^ l OCCUR I MED EXP (Any one person) $1 Q 000 PERSONAL & ADV INJURY $2,000 QQQ GENERALAGGREGATE $4,000 000 GE N'LAGGREGATELIMITAPPLIESPER: PRODUCTS - COMP/OP AGG $4,000 000 7X POLICY JET LOC A AUTOMOBILE LIABILITY ANY AUTO 57SBALU8719 09/20/05 09/20/06 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 BODILY INJURY (Per person) $ i ALL OWNED AUTOS' SCHEDULED AUTOS i X I BODILY INJURY (Peraccident) $ i HIRED AUTOS NON -OWNED AUTOS i X PROPERTY DAMAGE (Per accident) $ GARAGE L(ABIUTY AUTO ONLY - EA ACCIDENT I $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS LIABILITY 57SBALUB719 09/20/05 09/20/06 EACH OCCURRENCE $1,000,000 X OCCUR 71CLAIMS MADE AGGREGATE $1,000,000 $ DEDUCTIBLE RETENTION $ 1$ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80932153 07/01/05 07/01/06 X ORY LIM OER E.L. EACH ACCIDENT $1,000,000 E.L.DISEASE- EAEMPLOYEE $1,000,000 E.L. DISEASE. POLICY LIMIT $1,000,000 C OTHER Professional QP03801912 09/20/05 09/20/06 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. ROVED A TO F RM: RE: As needed Water Engineering Services Professional Liability Deductible =zero, NIFER McGRATH, (See Attached Descriptions) City of Huntington Beach Attn: Risk Management 2000 Main Street Huntington Beach, CA 92648 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES S E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLjr)I)WMAIL 30_DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BK39AU=X"jM1K*X3 Auumu zaU jilw)1 of L *M1377y! i MNN v JAI-wnuIMAIN rwcm DESCRIPTIONS (Continued from Page 1) E N D O R S E M E N T Applicable to General Liability Coverage Named Insured: AKM Consulting Engineers, Inc. Policy Number: 57 SBA LU8719 Insurance Agent: Dealey Renton & Associates Certificate For: City of Huntington Beach RE: As needed Water Engineering Services BUSINESS LIABILITY, NON -OWNED and HIRED AUTOMOBILE LIABILITY ADDITIONAL INSURED: The Certificate Holder* and any other person named in the written contract between the Named Insured and the Certificate Holder. The coverage afforded is pursuant to Section C, Who Is An Insured, Sub -Section f. Additional Insureds by Contract, Agreement or Permit, of the Business Liability Coverage Form, Form No. SS 00 08. Waiver of subrogation per policy form wording. *The City of Huntington Beach, its officers, agents and employees are additional insureds per form SS0008 above. OVED AS O FORM: IFER WGRATH, City Attorrxe / §2414 s Arms 25.3 (01191) Z of 2 VM137797 . DESCRIPTIONS (Continued from Page 1) 1 fE N D O R S E M E N T I Applicable to General Liability Coverage Named Insured: AKM Consulting Engineers, Inc. Policy Number: 57 SBA LU8719 Insurance Agent: Dealey Renton & Associates Certificate For: City of Huntington Beach RE: As needed Water Engineering Services BUSINESS LIABILITY, NON -OWNED and HIRED AUTOMOBILE LIABILITY ADDITIONAL INSURED: The Certificate Holder* and any other person named in the written contract between the Named Insured and the Certificate Holder. The coverage afforded is pursuant to Section C, Who Is An Insured, Sub -Section f. Additional Insureds by Contract, Agreement or Permit, of the Business Liability Coverage Form, Form No. SS 00 08. Waiver of subrogation per policy form wording. *The City of Huntington Beach, its officers, agents and employees are additional insureds perform SS0008 above. AS O FORM: ku IIZFER MsGRATH, City Attorne 2-f10._ AMS 25.3 (07197) 2 of 2 VM137797 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 28, 2005 John Loague AKM Consulting Engineers 553 Wald Irvine, CA 92618-4627 Dear Mr. Loague: Enclosed for your records is a copy of the Professional Services Contract between City of Huntington Beach and AKM Consulting Engineers for as -needed civil engineering services. Sincerely, n L. Flynn ty Clerk JF:pe Enclosure: Agreement G: followup: agrmthr ( Telephone: 714-536-5227 )