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HomeMy WebLinkAboutBoyle Engineering - 2005-12-197 2005 DEC -8 AM 11= 16 Council/Agency Meeting Held: / aSCI g Y Y L0 K Deferred/Continued to: HUNTINGTON LEAU Approved ❑ Conditionally Approved O Denied City�jet's natu Council Meeting Date: 12/19/2005 Department umber: PW 05-082 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY UNCIL MEMBERS SUBMITTED BY: PENE,00PCUBRET , CI T DMINISTRATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WORKSICeo SUBJECT: 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 se ice contracts for the following six firms: AKM Consulting Engineers, oyl_ a 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 service_ s for various capital projects. Projects could be delayed up to one year. (']ecqf369) REQUEST FOR ACTION MEETING DATE: 12/19/2005 DEPARTMENT 1D 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): 1. Design Professional Services Contract with AKM Consulting Engineers. vZ d3ito -' 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. oZ83 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 12/2/2005 3:21 PM -2- ATTACHMENT #2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BOYLE ENGINEERING CORPORATION 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 BOYLE ENGINEERING CORPORATION, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as -needed 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 andCONSULTANT 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 Nancy Boyer, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 05agree/boyle I 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 approvalof CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms set forth in Exhibit A. 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 05agree/boyle 2 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 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). 05agree/boyle 3 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) 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. 05agree/boyle 4 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. 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. 05agree/boyle 5 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 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: Nancy Boyer Boyle Engineering 1501 Quail Street Newport Beach, CA 92660-2726 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. 05agreelboyle 6 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 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. 05agnefboyle 7 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. 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 05agree/boyle 8 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 circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibit, 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 on ,l JEC_ 5-MZ?gi /9 , 20 A<. BOYLE ENkiINEERI}�. G, CORPORATION CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California President Mayor AND By: QLCla� ty Clerk Dave Huchel, Ups f-cer/*7 APPROVED AS TO FORM: REVIEWED AND APPROVED: M CityAttorney ,C)Is�o� Q .o1 slaa— Cit Administrator INITIATE AND APPROVED: Director of Public or s 05agree/boyle 9 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 inaccordance 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. 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 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BOYLE ENGINEERING CORPORATION FOR AS -NEEDED CIVIL ENGINEERING SERVICES Table of Contents Scopeof Services.....................................................................................................1 City Staff Assistance................................................................................................2. Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................2 Disposition of Plans, Estimates and Other Documents...........................................2 HoldHarmless.........................................................................................................3 Professional Liability Insurance..............................................................................3 Certificate of Insurance............................................................................................4 IndependentContractor............................................................................................5 Termination of Agreement....-..................................................................................5 Assignment and Delegation .................................... Copyrights/Patents...................................................................................................5 CityEmployees and Officials..................................................................................6 Notices......................................................................................... 6 Consent....................................................................................................................6 Modification.............................................................................................................6 SectionHeadings.....................................................................................................7 Interpretation of this Agreement..............................................................................7 DuplicateOriginal....................................................................................................7 Immigration............................................................................................................... 8 Legal Services Subcontracting Prohibited................................................................8 Attorney's Fees..........................................................................................................8 Survival..................................................................................................................... 8 GoverningLaw.........................................................................................................8 Entirety...................................................................................................................... 8 i INSURANCE AND INDEMNIFICATION WAIVER H mdo MODIFICATION REQUEST 1. Requested by: Andrew Ferrigno. ,ot° 2. Date: November 10, 2005 3. Name of contractor/permittee: Boyle Engineering Corporation 4. Description of work to be performed: As Needed Civil Engineering_ Services 5. Value and length of contract: $2,000,000 total over three (3) years 6. Waiver/modification request: General Liability Deductable 7. Reason for request and why it should be granted: Boyle has requested a $25,000 deductable for General Liability of Professional Liability Insurance. 8. Identify the risks to the City in approving this waiver/modification: The Contract requires a zero deductible on Professional Liability, but not General Liability. Boyle would have to cover the $25,000 deductab a when a claim is made on the General Liability Policy. /11 ) � Am� 9 6 /q os Dep ment Head Signature Date: 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 thy City Attorney's Office disagree. I lrik Management Approved ❑ Denied Signature Date 2. City Attorney's Office c pproved ❑ Denied c t Signature Date 3. City Administrator's Office Approved ❑ Denied )z 1 z 4 C}S Signa re bate, If approved, the completed waiver/modificatio equest 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 Administrative Services Insurance Request for Waiver Boyle 11/10/2005 9:17 AM 'his certificate is executed 1 y Liberty Mutual Insurance Group as respects such insurance as is afforded by those companies. 13MOM8 Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend, extend, or alter the coverage afforded by the policies listed below. This is to certify that (Name and address of Insured) BOYLE ENGINEERING CORPORATION 1501 QUAIL STREET NEWPORT BEACH, CA 92660-2726 c, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subje is not altered by any requirement, term or condition of any contract Expiration Type Continuous* Extended X Policy Term Workers Compensation General Liability Claims Made Occurrence Retro Date Automobile Liability X Owned X Non -Owned X Hired 01/01/2006 12/31/2005 r document with respect to which Policy Number(s) WC2-161-064625-015 M AS2-161-064625-034 to all their terns, exclusions and conditions and is certificate may be issued. Limits of Liability Coverage afforded under WC law of Employers Liability the following states: Bodily Injury By Accident CA, CO, FL, NM, NV, UT $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Person General Aggregate -Other than Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury. and Property Damage Liability Per Occurrence Personal and Advertising Injury Per Person / Other Liability Other Liability Each Accident - Single Limit - B. I. and P. D. Combined $1,000,000 Each Person Each Accident or Occurrence Each Accident or Occurrence C THE INSURED'S GENERAL LIABILITY POLICY IS NOT WITH LIBERTY MUTUAL. CROSS LIABILITY COVERAGE ON AUTOMOBILE LIABILITY POLICY. O PER CA0001 1001, AUTOMOBILE LIABILITY COVERAGE IS PRIMARY FOR ANY LIABILITY ASSUMED UNDER AN "INSURED CONTRACT." -- RE: Job # M 79428 M E N T S *If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. However, you will not be notified annually of the continuation of coverage. Special Notice - Ohio: Any person who, with intent to defraud or knowing that he / she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Important information to Florida policyholders and certificate holders: in the event you have any questions or need information about this certificate for any reason, please contact your local sales producer, whose name and telephone number appears in the lower left comer of this certificate. The appropriate local sales office mailing address may also be obtained by calling this number. Notice of cancellation: (not applicable unless a number of days is entered below) . Before the stated expiration date the company will not cancel or reduce the insurance afforded under the above policies until at least 30 days notice of such cancellation has been mailed to: Office: PLEASANTON, CA -I Phone: 925-734-9200 Certificate Holder: Risk Management City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHIRLEY VIDUYA Authorized Representative Date Issued: 08/05/2005 Prepared By: DC POLICY NUMBER: 57CESSS9265 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach Att: Andrew Ferrigno Risk Management 2000 Main Street Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Name of Person or Organization Continued: its agents, officers and employees WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CG20101185 Client#: 5155 BOYLEENGI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE 11114/05D ) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 10550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED Boyle Engineering Corporation 1501 Quail Street Newport Beach, CA 92660-2726 INSURER A: Hartford Fire Ins. Co. INSURER B: XL Specialty Insurance Co. INSURER c INSURER D: j INSURER E: I 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 MM/DD/YY POLICY EXPIRATION DATE MWDD/YY LIMITS A GENERAL LIABILITY 57CESSS9265 12/31/04 12/31/05 EACH OCCURRENCE - -- $1s0�000 -- FIRE DAMAGE (Any one fire) $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [�] OCCUR INDP. CONTRACTORS MED EXP (Any one person) $1 Q 000 PERSONAL & ADV INJURY $1,000,000 X CONTRACTUAL INCLUDED X BFPD, XCU GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMP/OPAGG $2,000,000 PRO - POLICY X JECT I X LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS f A Q �Y1 !�J il! !, BODILY INJURY (Per accident) $ -, HIRED AUTOS NON -OWNED AUTOS 'R .a�!"�� prppp `., CGP- PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ { AUTO ONLY: qGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TH- T C STLIMIT-i I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B OTHER Professional Liability DPR94006679 12/31/04 12/31/05 $1,000,000 per claim $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. Re: As Needed civil engineering services City of Huntington Beach, its agents, officers and employees (See Attached Descriptions) AD City of Huntington Beach Att: Andrew Ferrigno Risk Management 2000 Main Street Huntington Beach, CA 92648 ACORD 25-S (7/97)1 of 2 #S1431111Mi17372 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 76KRft%% 1XTP MAIL 30___- DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BKR5A1Ix4X>i'1 AX MjKlpll.X AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988 AMS 25.3 (07/97) 2 of 2 #S143111/Ml l7372 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK December 28, 2005 Nancy Boyer Boyle Engineering 1501 Quail Street Newport Beach, CA 92660-2726 Dear Ms. Boyer: CALIFORNIA 92648 Enclosed for your records is a copy of the Professional Services Contract between City of Huntington Beach and Boyle Engineering for as -needed civil engineering services. Sincerely, -1+.A) !! nL. lynn ity Clerk JF:pe Enclosure: Agreement G: fo11owup: agrmtltr ( Telephone: 714-536-5227 )