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HomeMy WebLinkAboutCSG CONSULTANTS, INC - 2006-06-13�CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE W -c= - . . FIn To:. JOAN FLYNN, City Clerk 'Name of Contractor: CSG Consultants, Inc. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Plan Review Services Amount of Contract: Not to exceed $30,000.00. Copy of contract distributed to: The original insurance certificate/waiver distributed' Initiating Dept.to Risk Management . �] ' City Treasurer ORIGINAL.bonds sent to Treasurer ❑ J 5 syC-) Date: Name/Extension City Attorney's Office compensation for- such extra work shall be allowed only if the prior written approvals of CITY is obtained.. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B'." 7.. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS r CONSULTANT agrees 'that title to all materials prepared hereunder, including,without limitation all original drawin s designs, reports, both field and office.. �g� g � notices calculations computer code language, data or programs,. maps, memoranda, P P.g ,, P, letters and other documents, shall belong to' CITY, and CONSULTANT shall Wrn 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. CONSULTANT will conduct all defense at its sole .cost and expense and CITY shall agree/forms/profscry 10/15/01 -A 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims x and liability regardless of whether any insurance policies are applicable. The policy limits :. do_ snot 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 fo coverage g r CONSULTANT'S- professional liability in an amount notless than One - Million 'Dollars ($1,000,000.00) per occurrence and in the aggregate. The above mentioned' insurance shall not contain aself-insured retention, "deductible" or any other similar form of limitation on the required coverageexcept.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 v T . .,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' r 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. agree/forms/profscrv10/15/01-A 4 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 . a 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. . agree/forms/profse'rv10/15/01-A O ' 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 haveany 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: TO CONSULTANT: - City of Huntington Beach ' . CyNSu �T TS . SNC ATTN: gZaSS C6tAcv M�"� A, TTt,1,. O A `z�\XotyG 2000 Main Street .o Huntington Beach, CA 92648 RLQuS , G&AI TG - moo coszA I'1A. C64q26-" 17. CONSENT - When CITY's consent/approval is, required under this Agreement, its eonsent/approval for one transaction or'event shall not be deemed to be a consent/approval Jo any subsequent occurrence of the saine or any other transaction or event: agree/forms/profserv10/15/01-A 7 18. MODIFICATION ''No waivers 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, def ne, 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 Nand 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 agree/forms/profscrv10/15/01-A 8 which. is hereby affected shall be curtailed and limited only to the extent necessary to. bring " . it within the requirements of the law: 2 L` 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. 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, agrcc/forms/profscry 10/ 15/01-A 9 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 . e Agreement freely, and voluntarily following extensive arm's length negotiation, and that r' each has had the opportunity to consult with legalcounsel prior to executing, this e 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 thisr 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 understandings and agreements whether oral or in writing between the parties respecting the -subject matter hereof. agrcc/forms/profscrv10/15/01-A 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C l FOR Kra v vpA') S-e�`Cts Table of Contents 1 Scope of Services.................................................;.................................................1 2 City Staff Assistance:..............................................................................................2 3 Term; Time of Performance............ .............: ' .........2 4 Compensation ........:............................................._................................................2 5 . Extra Work .................. ........ 6 Method of Payment...............::.................................................................................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 .: .8 Hold Harmless............................::...........................:..............................._.._............3 9 Professional Liability Insurance....................................................................... >...4 10 Certificate of Insurance................................................................ .............:............5 I I; Independent Contractor........................................:...................................................6 12 Termination of Agreement ........................ :................................................. ............6 13... Assignment and Delegation ....... ............................................................................... 6 ' 14 Copyrights/Patents...............................................................................................::..7 15 City Employees and Officials .......................... .............. ............7 ` 16 Notices.. . ................... ................. ..............................7 17 Consent ..... ........: ......8 1:8 `Modification .............:.......:............................_.............................. ......... ...... .....8 19 Section Headings.......................................................:_..............:...............: ...8. - 20 Interpretation of this Agreement............................................................. ...............8 21 Duplicate Original ............................... ..................................................................... 9 22 Immigration ................. 23 Legal Services Subcontracting Prohibited ...................... .............9 24 Attorney's Fees...................._.....................................................................................10;, - 25 Survival.....................................................................................................................10 26 Governing Law 27 Entirety.... 10 EXHIBIT "A" EXHIBIT "B" Payment Schedule (Hourly Payment) 'A..' Hourly CONSULTANT'S fees for plan review .services shall be based upon the hourly rate of. $72.0,O per hour. B. Billing ' l.r All -billing shall be done monthly in one -tenth -hour (0.10) increments and matched .to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours . for letters is unreasonable unless that is an accurate measure of time spent. 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 case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles' shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. . F 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. " 0 5. CITY will not pay for word processing charges. This includes per page or. hourly, charges. 6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event;' CONSULTANT should respond without charging CITY for the time required., - 7•. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. agree/forms/.exB-hourly fee/6/5/06 EXHIBIT B I d .. Hourly Payment S iiy` INSURANCE AND INDEMNIFICATION WAIVER Boach. MODIFICATION REQUEST 1. Requested by: Jan Richards/Building &Safety S.11�! G " , V 2. Date: June 7, 2006 - 3. Name of contractor/permittee: CSG Consultants Inc .4 ` Description of work to be performed: In-house plan checking at public counter 5.'. Value and length of contract: Not -to -exceed $30,000, As -needed basis 6" Waiver/modification request: Cancellation clause wording/workers' compensation ' 7.- Reasnn fnr n=miP_ct and why it should be granted.- There is a critica 1 nee.d .for services, exposure is minimal and for a short term of duration.: 8. Identify the risks to the City in approving this waiver/modification: None Department Head Signature Dat APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval fro he City ministrator's Office is only required if Risk Management d tVV City Att 's i e disagree. 1.. Risk Management Approved ❑ Denied / 7p Signa ure Date 2., City Attorney's Office A proved ❑ Denie ld�o Signature Date 3'; City Administrator's Office ❑.Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the , City Attorney's Office along with the contract for approval. Once the contract has been approved;_ ` this form is to be filed with'the Risk Management Division of Administrative Services AcoRa CERTIFICATE OF LIABILITY. INSURANCE DATE,MM,00,YYY CSGCO-1 02/24/0 6 PRODUCER.THIS.CERTiFICATE IS. ISSUED AS A.MATTER OF INFORMATION Pleasanton Valley Insurance ONLY ANR.CONFERS.NO RIGHTS UPON THE CERT1FlCATE.` I. ` Lic. '#OB07066 HOLDER..THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ` 6602 Owens Drive, Suite 200 'ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton CA 94588 Phone _ 925-462-21Y1 Fax:925-462-2113 JINSUR RS.AFFORE)ING.COVERAGE NAIL #. - -- INsuREo IN A: National Liability & Fire - - INSURER B: - - CSG Consultants Inc. i INSURER C _17i00 .South Am hlett Blvd 3rdFL �NSURER D. ' San, Mateo CA 94402 INSURER E: ': THE POLICIES OF3NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD. INDICATED. ;NOTWITHSTANDING ANY REQUIREMENT; TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT. WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR .. MAY PERTAIN. THE INSURANCE.AFFOROED 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._ �. _. T)D'G`-': --. - -. ..., ,... ... - P L(G`P9FVECTI P IC4-£RP1RATIbF�- .... .'.. LTR NSRD TYPE OF INSURANCE POLICY „NUMBER DATE MWDD/YY ; DATE MMIDDM! LIMITS - L GENERALLIABIUTY - ., .-.-- COMMERCIAL GENERAL LIABILITY .. .. EACH OCCURRENCE - ED `PREMISES (Ea occurence)' -PREMI ES (Ea oI ure 8 -- $ j" • ~ CLAIMS MADE I -]OCCUR , MED EXP,(Any one person) $ JEN'L PERSONAL$ ADV INJURY GENERAL AGGREGATE $ S ... I AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP(OP AGG $ POLICY.. JECOT I'LOC ... -., AUTOMOBILE UABILITY _ - I - " COMBINED SINGLE LIMIT I - ANY AUTO... .I _ - (Ea acctdenU $ ALL OWNED AUTOS - T� BODILY INJURYF j _ . SCHEDULED,AUTOS - (Per person), _. - HIRED AUTOS BODILY INJURY ' NON -OWNED AUTOS ' (Per accder.I) - - nn I"- 1kP 0 I PROPERTY DAMAGE TO (Per accident) I 5 r GARAGE LIABILITY ' AUTO ONLY - EA ACCIDENT . $ ' ANY AUTO ^ � .- 0WRcGRATIj OTIIER THAN EA ACC $Y .AUTO ONLY: AGG .5 .. - EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE '- $ ' OCCUR -- I I CLAIMS MADE �,• . �'A GREGATE $ DEDUCTIBLE S .. .: ^RETENTION - WORKERS COMPENSATION AND - -. ' X_ �TORY LIMITS ER. - EMPLOYERS' LIABILITY A j 0100016978-051 12 /- 04/05 12/ 04/ 06 E.L EACIIACCIDEN7 S 1 000 000 j ANY PROPRIETORIPARTNER/EXECUTiVE - r ,.. r _ OFFICER/MEMBER EXCLUDED? - - E.L.DISEASE - EA EMPLOYEE; S 1;000.;,0.00 If yes, desarb6 under - ',.SPECIAL PROVISIONS below I - - I - El. DISEASE - POLICY LIMITS .- - - -. -$1 ; 000 On ;',` OTHER ... ._ .. DESCRIPTION OF.OPERATIONS I LOCATIONS [VEHICLES I EXOLUSIONS.ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *.10,.days notice for non-payment of premium* Blanket waiver'of,subrogation ,_Applies.. CERTIFICATE HOLDER 'CANCELLATION :. . ' - CITYOFH. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL . 3O * 'DAYS WRITTEN City of Huntington Beach ' NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 70 DO SO SHALL .Attn : Chris Medoza /Risk Mngt . 2000 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURE R, ITS AGENTS OR Huntington Beach CA 92648 `REPRESENTATIVES. - ` . .. 11 AUTH IZED REPRESENTATIV . 1. - ACORD 25 (2001/03) ©ACORD CORPORATION 1988, 1' . Client#: 51194 GSGcoNs ACQR. CERTIFICATE OF LIABILITY INSURANCE 2/27/MID°""' 02/27/O6 � PRODUCER THIS .CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION: HRH Professional Practice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Brokers, Inc.. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- 265 Bullard, #101 Fresno, CA 93704-1706 INSURERS AFFORDING COVERAGE . wsuREn INSURER A: United States Fidelity & Guaranty Co CSG Consultants, Inc INSURER B: Ace American Insurance Company. 1700 S. Amphlett Blvd, 3rd Floor INSURERc: Fidelity and Guaranty Insurance Comp San Mateo, CA 94402-2527 INSURER D: INSURER E: - THE'POLICIES OF INSURANCE LISTED.BELOW HAVE •BEEN.`ISSUED :TO THEANSURED 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED. -BY THE POLICIES DESCRIBEDHEREIN IS SUBJECT TO ALL. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ,POLICIES.`''AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID.CLAIMS. ILT R`, LTR- 'TYPE OF. INSURANCE ` ' POLICY NUMBER ' POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE M DD -LIMBS A GENERALLIABILMY '' BK02164407 . 12/04105 12/04/06 EACH OCCURRENCE $1 000 000 l -FIREDAMAGE(Anyone.are) $500000 ., ' -X" COMMERCIAL r .. CLAIMSMADE - FxI OCCUR MED EXP (Any one person) :. $10 000 PERSONAL& ADV tNJU RY $1000000 GENERAL AGGREGATE $2 000 000 ' 'GEN'LAGGREGATE LIMITAPPLIESPER: PRODUCTS .COMP/OPAGG s2,000,600 - - _ POLICY _ EC _ LOC - - C ' AUTOMOBILE X LIABILITY ANY.AUTO BA02171833 12/04/05 12/04/06 COMBINED SINGLE LIMIT (Ea accident). $1,000 000 e BODILY INJURY (Per person), .S .. , ALL OWNED AUTOS- , SCHEDULED AUTOS - 'X X BODILY INJURY (PerILYINJU $ - " HIRED AUTOS. _ • NON•OWNED,AUTOS - 0VED - s y I: Qj?ps PROPERTY DAMAGE (Per accldenl) (,` p� � iW - _ GARAGE LIABILITY - - AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ 'ANY AUTO,. - - S . - AUTO ONLY: AGG A EXCESS LIABILITY BK02164407 12/04/05 12/04/06 EACH OCCURRENCE $1 OOO 000 X OCCUR. �� CLAIMS MADE - AGGREGATE - $1. 000 000 $ I $ _ j - DEDUCTIBLE. _ „ , .. $ • : RETENTION $ - .' - .. WORKK ERS COMPENSATION AND WC STATU- OTH- llf , ' EMPLOYERS' LIABILITY '" - `�• E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ - E.L. DISEASE - POLICY.LIMIT $'. B. OTHER Professional G21680072001 12/04/05 12/04/06 $1,000,000 per claim { lability $2,000,000 aggregate DESCRIPTION. OF. OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: All Operations of the Named.lnsured The City of Huntington Beach, its agents, officeers-and employees are named additional insureds with respect to general liability per endt attached. } GtKIWIGA1tHULUtK ADDRIONALINSURED: INSURER LETTER: GANGELLATIUN Ten Day Notice for Non -Payment of Prpmiiim SHOULD ANYOF THE ABOVED ESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIRATIOH City of. Huntington Beach DATE THEREOF, THE ISSUING INSURER WIbjKWK)MWX TO MAIL Rn DAYSWRITTEN Attn: Chris Mendoza, RISI( Management NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT IX 2000 Main Street 4mt�xx xxttxlx4azxL�c Huntington Beach; CA 92648 xxx�aa�Lzxvsac ' - AUTHORIZED REPRESENTATIVE - ' &Q2 ACORD 25-S (7/97)1 of 2 #S348432/M347108 CCL © ACORD CORPORATION 1988 ' . Policy Number:- BK02164407 Llabi.li,ty Coverage Enhancement - i Architects and .Engineers •ENDORSEMENT I ADDITIONAL INSURED: CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND,EMPLOYEES { THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY: This. endorsement modifies insurance provided unddr.1he followin 9• LIABI_LITY:;COVERAGE PART. '`.. 1. The following replaces the final paragraph ;of SECTION If. -person or organization has assumed liability WHO IS AN INSURED, 1..- in a contract or agreement except for liability for damages that such person or, organization However, no person.,or' organization is :an insured with would have in tfie absence of the contract or respect to the conduct of any current or, past,,agreement, partnership, joint venture, limited liability company:or. . trust, that is .not shown as a. Named. Insured in the (3) "Property damage to. , Liability :Coverage. Part Declarations. This provision w does not apply to you, for your participation in any past (a) Property owned used or occupied by, or or present ."unnamed joint venture", or if that person or loaned or rented to such person .'or organization is otherwise an insured under, Paragraph organization, ' 2, below, (b) Property over which such person or 2 The .following is added to SECTION. 11. WHO IS AN organization is ..for any purpose INSURED, 2.: exercising physical control or Person Or Organization Required By. Written (c). "Your workperformed fovthe insured Contract or Any,,,person or, organization that you agree to add (4) : "Bodily iniury ."property damage" personal as an insured under this Liability. Coverage Part in, injuryor advertising injuryarising out of any, t a written contract or..agreement' that is 'made architect's, engineers or urveyor's rendering before, and in: effect when the. "bodily injury or of; or failure `to render, any. "professional "propertydamage occurs or the offense that service", when such person or organization is p causes.the "personal injury/ or "advertising injury" an architect, engineer. orsurveyor. • is first .committed, but only with respect to ,that 3. The following is added to SECTION 11 WHO IS AN person's or organization's liability. arising 'out of INSURED: 'your work for.that person or.organization_ i " "Unnamed Joint Venture Howeyer,_such person or, organization is not an .. . ; insured with respect to any: You are an insured for your participation in -any .PaSt or -(1); ''Bodily injury property damage "personal present "unnamed joint venture". injury" or "advertising injury".:that does not „ t However, you are not an insured if the "unnamed joint arise out of: venture". has: t (a) '• Your negligence; or a. Direct employees; or ' (b) The negligence of another person or b. Owns, rents, or leases any'- real or personal + ` organization for whom you are liable; ro ert y. r r (2) Todil injury", dama e', "personal Y ry"+ -g P, - ' No other member orpartner, or their spouses, of. any " injury" or "advertising injury" for which such past or present°unnamed joint venture" is an insured. CUBF 26 09 09 03 . Includes copyrighted material.of Insurance Service's.Office with its Page 1 of 2 permission. Copyright, Insurance Services Qffice,"Inc. 2001 4. The followirig,replaces SECTION III. LIMITS OF LIABILITY, 7. The following is added to SECTION IV. CONDITIONS, 8. • 2 ;b.: Transfer Of Rights of Recovery And Proceeds Against' "To 'Others Us:.... . ib. =Will apply separately to the sum of all: " However, we waive any right of recovery and proceeds , (1) Damages because of "bodily injury" and we may. have against any person or organization thaf'is +, "property damage", under SECTION I- added .as .an additional insured under the. Paragraph COVERAGE, A. Liability above; and ` Person Or Organization Required By "Written Contract of SECTION II. WHO IS AN INSURED 2.: = (2) Medical payments for. "bodily injury", under , ",SECTION 1, COVERAGE, B. Medical a..; Because of Payments we make for "bodily injury", R Y ly j ry", " ' Payments above; "roe dama a", P P Ity 9 "Personal injury" : or advertising ,injury" arising out of your work" arising out of each location listed in the Schedule - ongoing operations or included in the "products- of Premises or each of 'your projects ;and completed operations hazard"; and 5 The.. following,.., replaces "SECTION W. CONDITIONS, 5. - b ; Performed under a written contractor agreement "Other Insurancem(2) that is made. before, and in effect when, the."bodily {2) However, .this insurance will be considered injury" or "property damage" occurs or the offense primary to and non-contributory with, "other that causes the "personal injury" or "advertising insurance - issued .directly to a. person or injury" is committed; and organization added "as an additional insured .: •""" " c. You specifically agree in such written contract or, m under>SECTION n WHO IS AN INSURED, agreement to waive..those rights of recoveryand 2 proceeds for such person or organization. (a) " Paragraph Certain Additional 8. The following are added to SECTION V. DEFINITIONS: -Insureds By ,Contract or Agreement; or "Unnamed joint venture" means any joint venture .in which you area member or partner where: . (b) Persons Or Organizations Required • " " By Written Contract; a.: "Each :and every one of your co -ventures in that" w. ` joint: venture. is an architectural,.engineering or if you', specifically agree, .in ;that written surveying firm; and contract :or agreement, that this insurance must : be .primaryto, 'and non;contributory b." That joint venture. is not named in the. Liability. with, such "other insurance% This insurance_ t Coverage Part Declarations. . will,then• be applied as pgrnaryAnsurancelor damages.. for "bodily injury', property` "Your premises" means any premises, site, or location damage", "personal injury° or ` advertising owned or occupied by, or rented to, you. injury's "to.. which this insurance applies and . "that :are incurred by such :person . or 'Your project": • organization, and we will not share . those damages with such "other insurance". a, Means.any premises, site or location at, on, or in which "your work" is not yet completed; and- 6 The .following is added ,to ,SECTION IV. CONDITIONS, 5. b e Io 0 Does.not include "your premises" or any' tali n ,Otherinsura nce", b. Excess Insurance: - listed in the Schedule of Premises. This insurance is ,excess over any "other All other terms of your policy remain the same. insurance" whether primary, excess, contingent or on any other basis that is available to you for your - participation in any past or present "unnamed joint venture". .• a r " CUBR26 09 09-03 Includes copyrighted material of Insurance Services.Offce with its Page 2Jof 2 permission. Copyright, Insurance Services Office, Inc. 2001 CITY OF HUNTINGTON BEACH Professional Service Contracts ' Fg1I 1909 P. .. Purchasing Certification 1.. Date: June 8, 2006 2. Department: Building and Safety 3. Requested by: Jan Richards 4. Name of consultant: CSG Consultants, Inc. 5. Description of work to be performed: Plan Review Services 6: Amount of the contract: $30,000 7. Are sufficient funds available to fund this contract?' ® Yes, 0 No 8. Company number and object code where funds are budgeted: 10055301.69365 . 9. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 10. 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?' El Yes, ® No 11. Were (at least) informal written proposals requested of three consultants? ❑ Yes, ® No, Explanation: Not required for $30,000 12. Attach list of consultants from whom proposals were requested (including a contact telephone number). '13. Attach proposed scope of work. . 13. Attach proposed payment schedule. Department Head Signature RIeHARDAMMDRIL, Manager Purchasing/Central Services 'Jf. the answer to any these questions is "No," the contract will require approval from the City Council. Professional Services Contract Purchasing Certification January2006