HomeMy WebLinkAboutBender Rosenthal, Inc. - 2017-12-18PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BENDER ROSENTHAL, INC.
FOR
RIGHT OF WAY CERTIFICATION ASSISTANCE
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 Bender Rosenthal, Inc., a California corporation, hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide assistance in
preparing the right of way certification and providing support to answer any questions posed by
Caltrans; 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:
I. 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 Brenda Schimpf who shall represent it and be
its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
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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 �F'! �� , 20j7— (the "Commencement Date"). This Agreement
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 one (1) year 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 Two Thousand Eight Hundred Fifty Dollars ($2,850).
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
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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
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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
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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.
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1 1. 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.
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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: Jonathan Claudio
2000 Main Street
Huntington Beach, CA 92648
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TO CONSULTANT:
Bender Rosenthal, Inc.
ATTN: Brenda Schimpf
2825 Watt Avenue, Suite 200
Sacramento, CA 95821
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 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
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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.
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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 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
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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
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.
CONSULTANT,
BENDER ROSENTHAL, INC.
COMPANY NA tE
a California corporation
By. _l{ j C
print name
ITS: (circle one) Chairman/President/Vice President
. print name
ITS: (circle one) Secret
Secretary — Treasurer
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CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
--4L C
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Director/Chief
(Pursuant To HBWC. §3.03.100)
APPROVED AS TO FORM:
City Attorney �W
RECEIVE AND FILE:
4�� & &,( , 1,
City Clerk
WIT
Date 1
EXHIBIT "A"
ROSENTHAL, INC.
COMMERCIAL VALUATION AND RIGHT OF WAY SERVICES
November 16, 2017
Mr. Todd Broussard, PE, MPA
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach, CA 90405
Dear Mr. Broussard,
2825 Watt Avenue, Suite 200
Sacramento, California 95821
main: 916.978.4900 • fax: 916.978.4904
www.benderrosenthal.com
Thank you for speaking with us earlier this week regarding the right of way certification needed
for the Atlanta Widening Project. Bender Rosenthal, Inc. (BRI) is an industry leader in providing
real estate appraisal, property acquisition, relocation, right of way, project management, planning,
and land services throughout California.
BRI is a woman -owned business enterprise (WBE) with a staff of 121 professionals. BRI was
named the 2016 International Employer of the Year by the International Right of Way Association.
We understand that the City has acquired 1 parcel through eminent domain and is completing the
relocation of 9 tenants. Utility relocations are underway and the City would like to submit final
plans with the right of way certification to Caltrans in February, 2018.
The City is requesting BRI assistance in preparing the right of way certification and providing
support to answer any questions posed by Caltrans.
BRI proposes to have Brenda Schimpf, PMP, RE Broker work with you to provide this service.
Brenda is the former Deputy District Director for Caltrans North Region Right of Way and she has
worked with the District 12 (Orange County) Caltrans Right of Way staff. Working with your
design engineer, Brenda will prepare a draft right of way certification and will meet with Caltrans
in person or by phone up to 3 times to answer questions or revise the document. The fee will be
billed on an hourly basis of $190/hour not to exceed $2,850 (15 hours).
If this is acceptable, please provide a work order or its equivalent authorizing the work. If you
have any questions, please feel free to contact me at (916) 978-4900 or
b.norJson, i,benderrosenthatcom.
Respectfully,
Bob Morrison, PE, PMP, RE Broker
President
BENDER ROSENTHAL, INC.
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
Right of Way Certification assistance as described in proposal dated 11/16/17........ $l90/hr
B. Travel Charges for time during travel are not reimbursable.
C. Billin
All billing shall be done monthly in fifteen (15) minute increments and matched to
an appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. 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 project.
3. 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.
4. CONSULTANT shall submit to CITY an invoice for each monthly 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
Exhibit B
brought into compliance, or until this Agreement has expired or is terminated as
provided herein.
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.
2
Exhibit B
1
2
3
4
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BENDER ROSENTHAL, INC.
FOR
RIGHT OF WAY CERTIFICATION ASSISTANCE
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
Certificateof Insurance........................................................................................................5
IndependentContractor........................................................................................................6
Terminationof Agreement...................................................................................................6
Assignmentand 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
su" itgJ3 INSURANCE AND INDEMNIFICATION WAIVER
un„* /Beach MODIFICATION REQUEST
1. Requested by: Jonathan Claudio
2. Date: 12/11/17
3. Name of contractor/permittee: Bender Rosenthal, Inc.
4. Description of work to be performed: Assist in obtaining ROW Cert for Atlanta Widening
5. Value and length of contract: $2,850.00; 3 years
6. Waiver/modification request: Bender Rosenthal's standard policy deductible is $15,000
7. Reason for request and why it should be granted: Bender Rosenthal is unable to lower
their standard policy deductible, but is able to cover the loss given the contract amount.
8. Identify the risks to the City in approving this waiver/modification: None anticipated
Department Heard/Signature
'Z /r 1.7
ate:
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 Manageme5an the City Attornhy's Office disagree.
1. i R Management
Approved ,�
❑Denied -- �� ��
1 L �,
Signature Date
2. City Attorney's Office
"Approved ❑ Denied
Signature Date
3. City Manager'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 filed with the Risk Management Division of Human Resources
12/11 /2017 11:33:00 AM
h
DATE (MMIODIYYYY)
AC-C>RC0 CERTIMATIE OF LIABILITY INSURANCE
1113012017
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.pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an
this certificate does not confer rights to the certificate holder In lieu of such endorsements .
PRODUCER CONTAC
BIII Douglas Kouris Insurance Agency,inc HAMEI_„. Bill Kouris................_.,:.,,::.:,__,..__._..__: ,.......
10345 Danichrls Way [(AdCPHONE 916-236-5641 FAX 91"85.9571
Elk Grove CA 96767 A,c Nall,
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INSURED Bender Rosenthal, Inc.
2826 Watt Avenue, Suite 200
Sacramento CA 96821
Dlumbia Insurance Company
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erCer Insurance Company
23909
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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.
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Retro Date 11/30/99
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1ACORD 101, Additional Remarks Schedule, may be allached If more space Is required)
30 Days Notice of Cancellation (10 Days for Non -Payment of Premium)
Job: Atlanta Avenue Widening Project
BUSINESS LIABILITY ADDITIONAL INSURED; City of Huntington Beach and any other person named In the written contract between t
Named Insured and the Certificate Holder.
Workers' Compensation Additional Insured, 30 Day Cancellation WC990017, and Waiver of Subrogation WC040361, APPRONg/FF,
t;z__
BY
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City of Huntington Beach
Department of Public Works
2000 Main Street
Huntington Beach, CA 92848
SHOULD ANY OF THE ABOVE DESCRI
THIS EXPIRATION DATE THEREOF
ACCORDANCE WITH THE POLICY PROVISIONS.
-9q�lrOLOF HUNTiNGTO
ICIES BE CANCELLED BEFORE
NOTICE WILL BE DELIVERED IN
jclaudlo@surfc[ty-hb.org, Jonathan Claudio
AUTHORIZED REPRESENTATIVE
U 19SS-205 AGUKU GUKYUKA I IUN. All ngntS reSBrVeC1.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
Produced using Forms Boss Web Software. WWW.Formseoss.c°m (c) impressive Publishing 800.206.1977
Insured:
Bender Rosenthal, Inc.
Insurer:
The Hartford Sentinel Insurance Company, Limited
Policy Number:
57SBATX3133
Policy Effective Date:
07/21/2017
Additional Insured:
City of Huntington Beach
EXCERPTS FROM: Hartford Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
C. WHO IS AN INSURED
6. Additional Insureds When Required By Written Contract, Written
Agreement Or Permit
The person(s) or organization(s) identified in Paragraphs a. through £ below are
additional insureds when you have agreed, in a written contract, written agreement
or because of a permit issued by a state or political subdivision, that such person or
organization be added as an additional insured on your policy, provided the injury
or damage occurs subsequent to the execution of the contract, or agreement or
permit. A person or organization is an additional insured under this provision only
for that period of time required by the contract, agreement or permit.
F. Any Other Party
(1) Any other person or organization who is not an insured under Paragraphs a.
through e. above, but only with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused, in whole or in part, by your
acts or omissions or the acts or omissions of those acting on your behalf.
(a) In the performance of your ongoing operations;
(b) In connection with your premises owned by or rented to you; or
(c) In connection with "your work" and included within the "products -
completed operations hazard, but only if
(i) The written contract or written agreement requires you to provide such
coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or
"property damage" included within the "products -completed operation
hazard.
(2) With respect to the insurance afforded to these additional insureds, this
insurance does not apply to: "Bodily injury", "property damage" or
"personal and advertising injury" arising out of the rendering of, or the
failure to render, any professional architectural, engineering or surveying
services, including; inspection, or engineering
E.5 Separation of insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically
assigned in this policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom a claim is made or "suit" is brought
E.7.b.(7). (b) Primary And Non -Contributory To Other Insurance When
Required By Contract
If you have agreed in a written contract, written agreement or permit that this
insurance is primary and non-contributory with the additional insured's own
insurance, this insurance is primary and we will not seek contribution from the
other insurance.
E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation)
If the insured has waived any rights of recovery against any person or organization
for all or part of any payment, including Supplementary Payments, we have made
under this Coverage Part, we also waive that right, provided the insured waived
their rights of recovery against such person or organization in a contract,
agreement or permit that was executed prior to the injury or damage.
EXCERPTS FROM CA 0001(0310)
COLUMBIA AUTO COVERAGE
Insured: Bender Rosenthal, Inc.
Policy Number: 71APR351846
Policy Effective Dates: 06/14/2017
Additional Insured:
City of Huntington Beach
Additional Insured: SECTION It — LIABILITY COVERAGE
1. WHO IS AN INSURED: The following are "insureds"
c. Anyone liable for the conduct of an "insured —but only to the extent of that
liability.
Primary Insurance: SECTION IV — COMMERCIAL AUTO CONDITIONS
B. General Conditions — 5. Other Insurance
a. For any covered "auto" you own; this Coverage Form provides primary
insurance. For any covered "auto" you don't own, the insurance provide by this
Coverage Form is excess over any other collectible insurance.
c. Regardless of the provisions of paragraph a. above, this Coverage Form's
Liability Coverage is primary for any liability assumed under an "insured
contract".
Cross Liability Clause: SECTION V — DEFINITIONS
G. "Insured" means any person or organization qualifying as an insured in the
Who is An Insured provision of the applicable coverage. Except with respect to the
Limited of Insurance, the coverage afforded applies separately to each insured who
is seeking coverage or against whom a claim or "suit" is brought.
EXCERPTS FROM
COLUMBIA COMMERCIAL AUTOMOBILE BROAD
FORM ENDORSEMENT
15. WAIVER OF SUBROGATION — We waive any right of recovery we may
have against any person or organization with whom you have a written contract
that requires such waiver because of payments we make for damages under this
Coverage Form.
Insured:
Insurer:
Policy Number:
Policy Effective Date:
Additional Insured:
City of Huntington Beach
Bender Rosenthal, Inc.
Mercer Insurance Company
27305298
07/1212017
EXCERPTS FROM: Mercer Form CE70 07 0712
EXCESS LIABILITY COVERAGE FORM
Section II. WHO IS AN INSURED
Any person qualifying as such under "underlying General Liability, Commercial
Auto, and Workers' Compensation insurance."
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
GRANITE STATE INSURANCE COMPANY
Insured: Bender Rosenthal, Inc.
Insurer: Granite State Insurance Company, an AIG company
Policy Number: WC 019-39-7574
Policy Effective Date: 06/0I/2017
This endorsement changes the policy to which it is attached effective on the
inception date of the policy unless a different date is indicated below.
This endorsement, effective 12:01 AM 06/01/2017 forms a part of Policy No. WC
019-39-7574
Issued to BENDER ROSENTHAL, INC.
By: GRANITE STATE INSURANCE COMPANY
We have a right to recover our payments from anyone liable for an injury covered
by this policy. We will not enforce our right against any person or organization
with whom you have a written contract that requires you to obtain this agreement
from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be 2.00% of the total estimated
workers' compensation premium for this policy.
WC 04 03 61 Countersigned by
(Ed. 11/90) Authorized Representative
CALIFORNIA CANCELLATION ENDORSEMENT
GRANITE STATE INSURANCE COMPANY
Insured: Bender Rosenthal, Inc.
Policy Number: WC 019-39-7574
Policy Effective Dates: 06/01/2017
This endorsement changes the policy to which it is attached effective on the
inception date of the policy unless a different date is indicated below.
This endorsement effective 12:01 AM 06/01/2017 forms a part of Policy No. WC
019-39-7574
Issued to BENDER ROSENTHAL, INC.
By GRANITE STATE INSURANCE COMPANY
This endorsement applies only to the insurance provided by the policy because
California is shown in Item 3.A. of the information Page.
The cancellation condition in Part Six (Conditions) of the policy is replaced by
these conditions:
Cancellation
1. You may cancel this policy. You must mail or deliver advance written notice
to us stating when the cancellation is to take effect.
2. We may cancel this policy for one or more of the following reasons:
a) Non-payment of premium;
b) Failure to report payroll;
c) Failure to permit us to audit payroll as required by the terms of this
policy or of a previous policy issued by us;
d) Failure to pay any addition premium resulting fiom an audit of payroll
required by the terms of this policy or any previous policy issued by us;
e) Material misrepresentation made by you or your agent;
f) Failure to cooperated with us in the investigation of a claim;
CALIFORNIA CANCELLATION ENDORSEMENT
GRANITE STATE INSURANCE COMPANY
Insured: Bender Rosenthal, Inc.
Policy Number: WC 019-39-7574
Policy Effective Dates: 06/01/2017
g) Failure to pay additional premium resulting fiom a retrospective
adjustment of premium required by the terms of this policy or any
previous policy issued by us;
h) Failure to comply with Federal or State safety orders;
i) Failure to comply with written recommendations of our designated loss
control representatives;
j) The occurrence of a material change in the ownership of your business;
k) The occurrence of any change in your business or operations that
materially increases the hazard for frequency or severity of loss;
1) The occurrence of any change in your business or operation that requires
additional or different classification for premium calculation;
m) The occurrence of any change in your business or operation which
contemplates an activity excluded by our reinsurance treaties;
3. If we cancel your policy for any of the reasons listed in (a) through (g), we
will give you 10 days advance written notice, stating when the cancellation
is to take effect. Mailing that notice to you at your mailing address shown in
Item 1 of the information page will be sufficient to prove notice. If we
cancel your policy for any reasons listed in (h) through (m), we will give you
30 days advance written notice; however, we agree that in the event of
cancellation and reinsuance of a policy effective upon a material change in
ownership or operations, notice will not be provided.
4. The policy period will end on the day and hour stated in the cancellation
notice.
WC 99 00 17 Countersigned by T
(Ed. 01/01) Authorized Representative