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Home My WebLink AboutAtkins North America - 2011-07-26Name of Contractor: Atkins North America Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Preparation of Technical Studies to Address Issues Raised by Ocean View School District on the Draft Environmental Impact Report for The Beach -Warner Project Amount of Contract: $30,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed ❑ Initiating Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: % 1;2 7,/ ! N e/Ext nsion City Attorney's Office 7 4 ✓/ X1 AI f- G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ATKINS NORTH AMERICA FOR PREPARATION OF TECHNICAL STUDIES TO ADDRESS ISSUES RAISED BY OCEAN VIEW SCHOOL DISTRICT ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE BEACH -WARNER PROJECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Table of Contents Scopeof Services.................................................................................................... I CityStaff Assistance............................................................................................... 2 Term; Time of Performance.................................................................................... 2 Compensation.......................................................................................................... 2 ExtraWork.............................................................................................................. 2 Methodof Payment................................................................................................. 3 Disposition of Plans, Estimates and Other Documents ........................................... 3 HoldHarmless......................................................................................................... 3 Professional Liability Insurance.............................................................................4 Certificate of Insurance........................................................................................... 5 Independent Contractor........................................................................................... 6 Termination of Agreement...................................................................................... 6 Assignment and Delegation..................................................................................... 6 Copyrights/Patents.................................................................................................. 7 City Employees and Officials................................................................................. 7 Notices.........................................................................................7 Consent.................................................................................................................... 8 Modification............................................................................................................ 8 SectionHeadings..................................................................................................... 8 Interpretation of this Agreement............................................................................. 8 DuplicateOriginal................................................................................................... 9 Immigration.............................................................................................................. 9 Legal Services Subcontracting Prohibited............................................................... 9 Attorney's Fees......................................................................................................... 10 Survival.................................................................................................................:.. 10 GoverningLaw........................................................................................................ 10 Signatories................................................................................................................ 10 Entirety..................................................................................................................... 10 EffectiveDate................................................................................. I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ATKINS NORTH AMERICA, INC. FOR PREPARATION OF TECHNICAL STUDIES TO ADDRESS ISSUES RAISED BY OCEAN VIEW SCHOOL DISTRICT ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE BEACH -WARNER PROJECT 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 Atkins North America, a Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare technical studies to address issues raised by the Ocean View School District on the Beach Warner Draft EIR; 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 as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Carrie Garlett who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcs to $49 12-07 1 of 11 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 on ,t c,i , 201 X- (the "Commencement Date"). This Agreement e shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 24 months from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 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 Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed thirty thousand Dollars ($30,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such agree/surfnet/professional sves to $49 12-07 2 of 11 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 "B." 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 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 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, judgments, 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 (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 agree/surfnet/professional Svcs to $49 12-07 3 of 11 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) 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: 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. 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 agree/surfnet/professionalsvcs to $49 I2-07 4 of 11 forthwith terminate this Agreement. Such termination shall not affect 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. 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. 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) 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 CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/surfnet/professional svcs to $49 12-07 5 of 11 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, 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. agree/surfnet/professional Svcs to $49 12-07 6 of 11 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. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Mary Beth Broeren 2000 Main Street Huntington Beach, CA 92648 agree/surfnet/professionalsves to $49 12-07 7 of 11 TO CONSULTANT: Carrie Garlett 12301 Wilshire Boulevard, suite 430 Los Angeles, CA 90025 IVI MIHZRI HI 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 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 agree/surfnet/professional svcs to $49 12-07 8 of 11 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 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. agree/surfnet/professional Svcs to $49 12-07 9 of 11 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. CONSULTANT's initials 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 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 agree/surfnet/professional svcs to $49 12-07 10 of 11 behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This 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 hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, North America, I n c . COMPANY NAME By: _ D a v ' d"Ca ter Senior Vice President print name ITS: (circle one) Chairman/Presides' ent i AND 4G RPGi:;��L9 By. Rene de los o"�pR��.•' Assistant Sec taf°3... print name hn ITS: -(circle one) Secretary/Chief Financial Officer Asst.. Secretary`` Treasurer agree/surfnet/professionalsvcs to $49 12-07 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California i w iLb Fw erector/ hief (Pursuant To HBMC 0.0 . APPROVED AS TO FORM: City Attorney Date Z/Z-0/ ! / EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Consultant will prepare additional research and analysis for the Beach and Warner Mixed Use Project and Beach and Ellis Mixed Use Project Draft Environmental Impact Reports. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Prepare responses to comments and update Beach and Warner Mixed Use Project DEIR. As part of this task, the following major augments and revisions are anticipated: Hazards, Noise, Public Services, Traffic, Climate Change. This task includes preparation of a Administrative Draft I, Administrative Draft II and Screencheck Draft of the augmented DEIR delivered to City staff in electronic format only. Only the Public Review document will be printed. 2. Project Management and General Coordination; meeting/hearing attendance for Beach and Warner Mixed Use project EIR. Atkins will attend a maximum of three meetings or hearings (or mix thereof). If attendance is not needed, time will not be charged for this task. 3. Update Beach and Ellis Mixed Use Project DEIR. As part of this task, the following major augments and revisions are anticipated: Hazards, Noise, Public Services, Traffic, Climate Change. This task includes preparation of a Administrative Draft I, Surfnet Exhibit A Administrative Draft II and Screencheck Draft of the augmented DEIR delivered to City staff in electronic format only. Only the Public Review document will be printed. 4. Project Management and General Coordination; meeting/hearing attendance for Beach and Ellis Mixed Use project EIR. Atkins will attend a maximum of three meetings or hearings (or mix thereof). If attendance is not needed, time will not be charged for this task. C. CITY'S DUTIES AND RESPONSIBILITIES: City will provide necessary documents in a timely manner. D. WORK PROGRAM/PROJECT SCHEDULE: Time is of the essence and project will determine upon notice by the City. Schedule to be determined. Surf iet Exhibit A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. Group Manager Project Manager Associate Project Manager Environmental Planner II Senior Administrative Graphics $200.00 per hr $150.00 per hr $125.00 per hr $95.00 per hr $135.00 per hr $100.00 per hr 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 Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 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 Surfnet Exhibit B EXHIBIT B Fixed Fee Payment EXHIBIT B 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. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Planning & Building Department 2. Date: July 19, 2011 3. Name of contractor/permittee: Atkins North America 4. Description of work to be performed: Technical Studies, RE:Beach & Warner EIR 5. Value and length of contract: 8/1/2011 thru 7/31/0213 6. Waiver/modification request: Professional Liability 7. Reason for request and why it should be granted: Not a listed California admitted carrier 8. Identify the risks to the City in approving this waiver/modification: N/A ent Head Signature Dat : APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management .4�th# City Attorney's 9ffice disagree. 1. Risk Management VApproved ❑ Denied , �, c i �L ' t � i?�: J�;zi A/ Signature Date 2. City Attorney's Office —'M:)Npproved ❑Denied Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along -with the contract for approval. Once the contract has been approved, this form is to be ded with the Risk Management Division of Human Resources Atkins Ins Waiver t-orm 7/19/2011 11:52:00 AM ACC ®® CERTIFICATE OF LIABILITY INSURANCE DATE(MNUDD/YYYY) 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 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 Willis North America, Inc. NT CT A IkAo E EA A No): R811-467-2378 nO�DRELss: 26 Century Blvd. INSURERS) AFFORDING COVERAGE NAIC p P. O. Box 305191 INSURER A: Lloyds of London Nashville, TN 37 INSURED INSURER B : INSURER c : Atkins North America, Inc 2001 NW 107th Avenue INSURER D : Miami, FL 33172-2507 INSURER E : INSURER F: !_nVCRAPCC r^FRTIFI(`ATF NI IMRFR• 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. TYPE OF INSURANCE ADDLSUBR POLICY NUMBER MN D Y EFF POLTR P EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RFNTEI3 a PREMISES Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR r 77 I 1 I MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PROS LOC POLICY JEC AUTOMOBILE LIABILITY Ea0Ii4EerDit IN LELIMIT $ BODILY INJURY (Per person) $ ANYAUTO - % AS TO FORM BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS NUTOS ON -OWNED HIRED AUTOS AUTOS - issORNEY `•, t' C IViC�.Tiv�a A�. Per PEc TY DAMAGE $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR 1 1 [7 EACH OCCURRENCE $ 11��1111 AGGREGATE $ EXCESS LIAR J DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N OFFICEIMEMBER EXCLUDED? (Mandatory in NH) N / A Cl f WC STATU- TORY LIMITS OTR- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT I $ If yes' describe under OF OPERATIONS below A -DLWa1PT1ON Professional Liability FIF, g080111209P11 4/1/2011 4/1/2012 $1,000,000 Each Claim & $1,000,000 Annual Aggregate 11111/1961 Retrodate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required) Effective April 1, 2011, Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J changed its name of Bally to Atkins North America, Inc. Policy written on Claims -made Form. Lloyd's of London AM Best Rating : A XV City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 ACORD 25 (2010105) liA1V1.rCLLA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n 1988-2010 The ACORD name and logo are registered marks of ACORD TION. All rights reserved. - OF - `r ,• BEACH 1 '� � r` Professional Service Approval Form - - PAR Date: 6/29/2011 Project Manager: Mary Beth Broeren Requested by Name if different from Project Manager: Department: Planning and Building PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & Il MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Atkins North America Inc. 2) Contract Number: CHOOSE DEPARTMENT PLN 011 019 00 (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ 30,000.00 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. i-2e- - / / Dire or of Fin ce (or designee) Signature Date CITY OF HUNTINGTON BEACH iProfessionalApproval Form rQ PART I RECEIVED Date: 5/19/2011 Project Manager Name: Mary Beth Broeren MAY L 6 L0, 1) Requested by Name if different from Project Manager: Department: Planning and Building Dept. of Planning PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUif COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, 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: Preparation of technical studies to respond to issues raised in a comment letter from the Ocean View School district on the draft EIR for the Beach Warner Site, which also has implications for the Beach Ellis site. Their letter cites a recent court case that affects the way traffic remodeling is doen as well as changes in air modeling: 2) Estimated cost of the services being sought: $ 30,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) 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.) ® Yes ❑ No 5) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: 10060201.69365 $ 30000 $ 6) 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.pp — Contract Limits of $30,000 or less exempt procedure will be utilized. Head-Sianature Deputy City Manager's Signature APPROVED �DFEWED ❑ s Signature -511,q a - Date ate Date Date