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HomeMy WebLinkAboutBucknam & Associates, Inc - 2002-02-13Su ity Contracts Checklist for Submittal to City Clerk's Office H Beach* 0 (Please transmit this form when your contract is ready to be filed in the City Clerk's office) r ' LD Oj To: Connie Brockway, City Clerk x5404 1. Name of Contractor: Bucknam & Associates, Inc. D 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park To provide program management services. 3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire o your department if the file is ready to inactivate. t 2/14/2003 4. Amount of Contract: $19,500 A. Is the attached contract RELATED to a PREVIOUSLY SUJ341TTED contract (renewaVamendment/etc)? ® YES 0 NO B. Did you attach the LIST OF CO roposals were requested —pursuant to HBMC 3.03.100? O YES ® NIA OR Is the attached contracted SOLE SOURCE? DYES 0 NIA C. Did you attach a COPY of k insurance certificate/woydrand send the ORIGINAL to Risk Management? ® YES PLEASE INCLUDE: Jessica Helfrich x8442 Name/Extension Public Works Department 2/13/2002 Date CITY CLERK'S OFFICE USE ONLY: g:/forms/city clerk contract checklist.doc su PROFESSIONAL SERVICE CONTRACTS Hu nh Beaffia PURCHASING CERTIFICATION 1. Requested by: Jessica Helfrich 2. Date: February 6, 2002 3. Name of consultant: Bucknam & Associates, Inc. 4. Description of work to be performed: Program Management Services 5. Amount of the contract: $19,500.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 81086001.69365 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No P►-c�ec+ ctpprov�pc1 bw Co>` ,,u as ,.+ a� c;+y 8 5e+. 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ❑ Yes, ® No Currhly.ua,+ia-n p.F. &er\/IGes. 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. ,o0o"RIOFIARD AMADRIL, Manager Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. Purchasing Certification. dot 2/6/2002 1:45 PM 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 FOR �rrurann Mar�c�o►ev►neen-� Sery i yes 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 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 Entirety.......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND uc-khamge AS OG aes. 106. FOR Pr n G rTm manage -men+ Siry i ces THIS AGREEMENT ("Agreement") is made and entered into this 13+-3 day of EZbrua q —, 20 02, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and P) t t -Kn a ►m &Ar 45nr i a+e s, i Y1G . , a Cc, � ►Dyj1 is C-nr oo� ra:hnin hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to Troy ►�Q 1 rL� "�eooe4 - SP.rVi (�� ; 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 �. �� 1'Jucknim Jr. who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/15/01 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on 2 /N /2003 unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 21141200 -, from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 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. 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 'rB,r' a fee, including all costs and expenses, not to exceed N 1 nauAn -ThnusaxiA F► yt N undre4 Dollars ($ 1 q, 5oO ). 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 work only after receiving written authorization from CITY. Additional agree/forms/profserv10/15101 2 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," which is attached hereto and incorporated by reference into this Agreement. 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 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. CITY agree/forms/profserv10/15/01 3 • • shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 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 shallnot contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting agree/forms/profsery 10/15/01 4 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 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/forms/profsery 10/15/01 5 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/forms/profsery 10/15/01 6 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates 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: DM i W eA Q ; ?.E- 2000 Main Street Huntington Beach, CA 92648 agree/forms/profsery 10/15/01 7 TO CONSULTANT: 1 ` ..1 A Wd.i 0 .0 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. agree/forms/profsery 10/15/01 8 Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside 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/forms/profsery 10/15/01 9 24. ATTORNEY' S FEES Except as expressly set forth in Section 8 of this Agreement, 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 non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or 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 supercede all prior agree/forms/profserv10/15/01 10 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 offices the day, month and year first above written. CONSULTANT, IAcktndim & A�6rYa a I. I n __a lax l i ip n i a CD— r�2Ca�ioh print name ITS: ("circle one) Chai n/PresidenWi President AND print name / ITS: (circle one) Secretary/ =F.na,,ilr/Asst. C Secretary — Treasurer agree/forms/profserv10/15/01 11 CITY OF HUNTINGTON BEACH, am orporation of the State of California Director of pPh/t'L Wa-ks (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: l4' City Attorney REVIEWED AND APPROVED: City Administrator (only for contracts over S50, 000.00) 30131 Town Center Drive, Suite 295 Management Studies & Services Laguna Niguel, CA 92677 Public Works Management Water Resources Planning (949) 363-6461 d FAX (949) 363-6505 City Engineering Services E-Mail: csbirAgrodigy.net Operational Studies January 3, 2002 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Mr. Dave Webb PE City Engineer Subject: Proposal for Professional Services — Federal / State Grant Program Support HB Bluffs Erosion Control Project Dear Dave: Thank you for the opportunity to present this proposal to provide professional services to the City in conjunction with its ongoing Federal Grant Program for the Huntington Beach Bluffs Erosion Control Project. Based upon our recent discussions in regard to the City's needs, the following specific services are .anticipated in support of the City's ongoing efforts towards the project's development: Federal b State Program Consultation • Provide Program Management services for the Huntington Beach Bluff Erosion Control Project -Feasibility Study engineering contract with the Corps of Engineers and their consultants during the Feasibility Study stage. • Provide liaison and representation as required by the City with the Corps of Engineers, State of California other City departments, Cal Coast and other responsible agencies relative to grant program planning and development. • Provide consultation and documentation, on an as needed basis, for ongoing efforts to obtain additional Federal funding through the Corps of Engineers for Federal Fiscal Year (FY) 2003. • Provide liaison for technical issues to the City's Washington DC advocacy firm and Administrative staff as required to support FY 2003 funding efforts. Mr. Dave Webb City of Huntington Beach January 3, 2002 Page 2 All services would be performed with myself serving as Program Manager with support from Bucknam & Associates, administrative, technical and clerical staff as required. The above - described services can be provided on an hourly rate, not -to -exceed basis in accordance with the Standard Hourly Rate sheet attached. The estimated fee is $19,500 for the consultation services described above, on an hourly rate, not -to -exceed basis. It is anticipated that these services would be provided through September 30, 2002. If you have any questions regarding this proposal please call me at (949) 363-6461. The services described above are of course subject to negotiation and I would be glad to meet with you at your convenience to discuss any specifics. Thank you for your interest in working with our firm. We look forward to working with the City on this challenging assignment. Very truly yours, C. S hen Bucknam Jr., P.E. President Encl. cc: M. Dickens File Standard Hourly Rate Schedule Category Rate Principal $ 185 Senior Project Manager 150 Project Manager 136 Senior Engineer/Planner 126 Management Analyst 116 Project Engineer/ Planner 110 Engineer / Senior Technician 90 Assistant Engineer / Technician 76 CADD Operator 74 Administrative Assistant 68 Clerical / Word Processing 63 Forensic Services Quote Reimbursab/es Mileage $ 0.35/mile Subconsultant Services Cost + 15% Reproduction Cost + 15% Travel & Subsistence Cost + 15% Fees & Permits Cost + 15% Computer Services (External) Cost + 15% Rates Effective 4/1/01 Agency Name and Address: Professional Practice Insurance Brokers, Inc. 10 California Street Redwood City, CA 94063-1513 Insureds Name and Address: Bucknam & Associates, Inc. 30131 Town Center Drive, Suite 295 Laguna Niguel, CA 92677 Certificate of Insurance 1 of 1 #S44563/M44559 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW. Companies Affording Policies: A. American Manufacturers Mutual Ins. B.American Motorists Insurance Co. c.Continental Casualty Company D. E. F. COVERAGES: THIS IS TO CERTIFY THAT 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 MAT rCn 1 Alry. 1 nC tNaunA1WiC Arrunumu oT 1 nC ruL1u1CJ UCJunIDCU MrMrIN IJ JUMMI, 1 1 u ALL I nC I tnMa. TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE A GENERAL LIABILITY 7RE80270500 01/02/02 01/02/03 Commercial General Liability ❑ Claims Made ® Occurrence ❑ Owner's and Contractors Protective ❑ A AUTO LIABILITY 7RE80270500 01/02/02 01/02/03 ❑ Any Automobile ❑ ' c _; All Owned Autos ElnoG_t Scheduled Autos y "Jr, "" '�- '-- , -, Hired Autos �e�u%►J Non -owned Autos 11' ❑ Garage Liability EXCESS LIABILITY,; ❑ Umbrella Form ❑ Other than Umbrella Form B WORKERS' 7CW30469105 01/02/02 01/02/03 COMPENSATION AND EMPLOYER'S LIABILITY C PROFESSIONAL SFA113988680 01/02/02 01/02/05 LIABILITY' Amu uunUl i iuNa ur auun ruL1u ICJ. POLICY LIMITS General Aggregate: $2,000,000 Products-Com/Ops Aggregate: $2,000,000 Personal and Adv. Injury: $1,000,000 Each Occurrence: $1,000,000 Fire Dmg. (any one fire): $100,000 Combined Single Limit: $1,000,000 Bodily Injury/person: $0 Bodily Injury/accident: $0 Property Damage: $0 Each Occurrence: Aggregate: Statutory Limits Each Accident: $1,000,000 Disease/Policy Limit: $1,000.000 Disease/Employee: $1,000,000 Per Claim $1,000,000 Aggregate $2,000=0 $0 Description of Operations/LocationsNehicies/Restrictions/Special items: INCLUDING PROJECT: PROGRAM MANAGEMENT SERVICES INFRASTRUCTURE STUDY AND PUBLIC WORKS PROGRAM PLAN RESEARCH AND ASSESSMENT. GENERA LIABILITY ONLY: CITY, IT'S AGENTS, OFFICERS, AND EMPLOYEES ARE ADITIONAL INSURED PER THE ATTACHED ENDORSEMENT. Certificate Holder: City of Huntington Beach Attn: Dave Webb 2000 Main Street Huntington Beach, CA 92646 THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. ..CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. cc: Author Jtativ�� J 01 /03/02 KENOR PREMIER ENDORSEMENT I* ARCHITECTURE AND ENGINEERING FIRMS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BP 71 08 1. ADDITIONAL INSURED - - BY CONTRACT, AGREEMENT OR PERMIT The City of Huntington Beach, its City Council, officers and employees, agents and designated volunteers. Item 5. of Section C. —WHO IS AN INSURED, is deleted and replaced by the following: Any person or organization (named above) to whom or to which you are obligated by virtue of a written contract, agreement or permit to provide such insurance as afforded by this policy is an insured, but only with respect to liability arising out of: a) "Your work" for that insured by you, including work or operations performed on your behalf for that insured; b) Permits issued by state or political subdivisions for operations performed by you; or c) Premises you own, rent, occupy or use. This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury," "property damage," "personal injury" or "advertising injury." This provision does not apply to any person or organization included as an insured under Additional Insured — Vendors. (NOTE: MEETS OR EXCEEDS CG 20 10 11 85) 2. PRIMARY - - NON-CONTRIBUTORY This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds. 3. 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 claim is made or "suit" is brought. 4. NOTICE OF CANCELLATION If we cancel this policy for any reason other than non-payment of premium, we will mail written notice at least 30 days before the effective date of cancellation to the Additional Insureds on file with the Company. If we cancel this policy for non-payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional Insureds on file with the Company. 5. WAIVER OF SUBROGATION If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated. I NAMED INSURED: I Bucknam & Associates Inc. I POLICY NO: 7RE80270500 I Dater AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY GWj yuevv Authorized Signature: ISSUED: January 3, 2002 Note: Meets or Exceeds CG2010 11/85 Kemper Form /BP7108