HomeMy WebLinkAboutEDAW, INC. - 2005-10-04Su ;ty Contracts Submittal to
City Clerk's Office RECEIVED
Hunt Beach•
2005OCT -5 PM 50 27
To: City Clerk CITY CLERK
CITY OF
- NLIN11=110M csc k n�
1. Name of Contractor: Edaw, Inc.
2`. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
T c&4
To complete Edinger Corridor Specific Plan
3. Amount of Contract: $25,000
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept._
City Treasurer _ ORIGINAL bonds sent to Treasurer
CITY CLERK'S OFFICE USE ONLY:
City Attomey's Office
Date: 10/4/05
g:/Attymisc/forms/city clerk contract transmittal.doc
PROFESSIONAL SERVICES CONTRACT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
AND
EDAW Inc.
FOR
PROFESSIONAL CONSULTANT SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this �—/ day of
204J , by and between the Redevelopment Agency of the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred
to as "AGENCY," and EDAW, Inc., a California Corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, AGENCY desires to engage the services of a consultant to
complete the Edinger Corridor Specific Plan and attend public meetings; and
Pursuant to documentation on file in the office of the Agency 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 AGENCY 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 Ken Ryan who shall
represent it and be its sole contact and agent in all consultations with AGENCY during the
performance of this Agreement.
agree/forms/agency profserv/4/14/03-A I
2. AGENCY STAFF ASSISTANCE
AGENCY 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 AGENCY
(the "Commencement Date"). This Agreement shall expire on August 31, 2006,
unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than twelve (12) months from the Commencement Date of this
Agreement. These times may be extended with the written permission of AGENCY. 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 AGENCY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein,
AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates
specified in Exhibit "B," which is attached hereto and incorporated by reference into this
Agreement, a fee, including all costs and expenses, not to exceed
Twenty-five Thousand Dollars ($25,000).
5. EXTRA WORK
In the event AGENCY 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 AGENCY.
agree/forms/agency profserv/4/14/03-A 2
Additional compensation for such extra work shall be allowed only if the prior written
approval of AGENCY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to AGENCY, and CONSULTANT shall turn
these materials over to AGENCY upon expiration or termination of this Agreement or
upon PROJECT completion, whichever shall occur first. These materials may be used by
AGENCY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless AGENCY, 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 AGENCY.
CONSULTANT will conduct all defense at its sole cost and expense and AGENCY shall
agree/forms/agency profserv/4/14/03-A 3
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 AGENCY a professional
liability insurance policy covering the work performed by it hereunder. This policy shall
provide coverage for CONSULTANT's professional liability in an amount not less than
One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of AGENCY. 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 AGENCY 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.
agree/forms/agency profserv/4/14/03-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to AGENCY a certificate of insurance subject to approval of the Agency
Counsel 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 AGENCY.
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. AGENCY 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.
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 AGENCY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/agency profserv/4/14/03-A 5
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. AGENCY 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 AGENCY 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 AGENCY,
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 AGENCY. 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
AGENCY shall own all rights to any patent or copyright on any work, item
or material produced as a result of this Agreement.
agree/forms/agency profserv/4/14/03-A 6
15. AGENCY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no AGENCY official nor any regular
AGENCY employee in the work performed pursuant to this Agreement. No officer or
employee of AGENCY 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 AGENCY 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. AGENCY 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 AGENCY:
Redevelopment Agency of the City of
Huntington Beach
ATTN: Paul Emery
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Kenneth J. Ryan, Principal
EDAW, Inc.
2 73 7 Campus Drive.
Irvine, Ca. 92612
Phone: (949) 660-8044
When AGENCY'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.
agree/forms/agency profserv/4/14/03-A 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as 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
agree/forms/agency profserv/4/14/03-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.
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 AGENCY agree that AGENCY 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 Agency
Counsel is the exclusive legal counsel for AGENCY; and AGENCY 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,
agree/forms/agency profserv/4/14/03-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
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
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/agency profserv/4/14/03-A 10
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,
CT
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By:
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print name
ITS: (circle one) Chairman/Preside n ice President
AND
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ITS: (circle o Secretary/ hief Financial Officer/Asst.
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agree/forms/agency profserv/4/14/03-A I I
`YJ�. Z+de�elch rKf 14 �� � V f t�
CITY OF HUNTINGTON BEA�H, a
municipal co oration of the State of California
Deputy Ex tive Director
4el
APPROVED AS TO FORM:
r
Agency Counsel Jo f��
REVIEWED AND APPROVED:
Ex cuti Director
(only for co tracts $5 , 0.00 and over)
EDAW INC Exhibit A
2797 CAMPUS DRIVE Work Program
IRVINE
C A L I F O R N I A The following Work Program is a suggested format for completing the Edinger
Corridor Specific Plan within the City's desired 3-4 month time frame.
92612
Phase 1: Specific Plan Review and Revisions
TEL 949 660 8044 Task1.1
Review the Specific Plan for clarity and flow; make revisions to ensure user-friendly
FAX 949 660 1046 and readability of document. (Including the following: eliminate references to
w w w. e d a w. c o m economic development; add new Pedestrian Circulation Exhibit; evaluate
pertinence of current Circulation Exhibit; and modify Site Plan Review
Process section.)
Task 1.2
Prepare a single Land Use Plan exhibit for the Specific Plan based on the previous
short-, mid- and long-range Framework Plans. The new Land Use Plan will include
simplification of the numbering of Planning Areas and utilize the City's existing
designation terminology for residential, commercial and public uses.
Phase 2: Meetings and Coordination
Task 2.1
Conduct/participate in up to four (4) meetings (including one (1) public workshop,
one (1) joint study session, one (1) Planning Commission Hearing, and one (1) City
Council hearing) at key points of the approval process.
Task 2.2
Provide ongoing coordination with the Client and project team. This task includes
only minimal reprographics materials for use at presentations. If additional materials
are deemed necessary they shall be prepared at Client's expense with prior
authorization.
P:\2000\ON15301\ADMIN\CONTRACT\WORK PROGRAM AND FEEDOC
EDAW INC Exhibit B
2737 CAMPUS DRIVE Fee Estimate
IRVINE
Phase 1 Specific Plan Review and Revisions $15,000
CALIFORNIA Phase 2 Meetings and Coordination $10, 000
92612
Labor Fee Estimate $25,000
TEL 949 660 8044
FAX 949 660 1046
1. Fee estimate assumes the planning process will be completed within 3-4 months.
www.edaw.com
Schedule of Fees
Effective January 1, 2005
Time Charges
Hourly Range
Principals
$190.00 - $265.00
Senior Associates
$135.00 - $185.00
Associates
$ 85.00 - $155.00
Professional, Administrative
$ 65.00 - $115.00
EDAW's hourly rate schedule is subject to adjustment biannually.
Reimbursable Expenses
Consultants: Cost plus 10%
Travel: Current Standard Business Rate per the
Internal Revenue Service
Taxes: Any tax and/or fees imposed by a taxing
authority based upon gross revenues or sales
shall be reimbursable in addition to the fee
stated in this contract.
Other project expenses: Cost plus 10%
Such as: Printing, graphics, photography and
reproduction, rental or purchase of special
equipment and materials, long distance
telephone, fax, special shipping or delivery,
and lodging and other travel expenses.
Invoicing and Payment Policies
1.) In contracting with EDAW, Inc. for professional services, client warrants that funds are
available to compensate EDAW for the total amount of services and expenses contracted
and that these funds are neither encumbered nor contingent upon subsequent granting of
approvals, permits or financial commitments by lending institutions or other third parties.
2.) Invoices are submitted by EDAW each four weeks (not necessarily falling on the first or
last day of the month). Client shall notify EDAW, in writing, of any and all objections, if
any, to an invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall
be deemed proper and acceptable by the Client. Amounts indicated on invoices are due
and payable immediately upon receipt. Client's account will be considered delinquent if
EDAW, Inc. does not receive full payment within thirty (30) days after the invoice date.
3.) A service charge will be applied at the rate of 1.5 percent per month (or the maximum rate
allowable by law) to delinquent accounts. Payment thereafter will be applied first to
accrued interest and then to the principal unpaid by the Client. Client shall pay all costs
and expenses, including without limitation, reasonable attorneys' fees and expenses
incurred by EDAW in connection with the collection of delinquent accounts of Client.
4.) If a delinquency by Client occurs, EDAW, Inc. may choose to suspend work. If such a
decision to suspend work is made, EDAW, Inc. will notify Client in writing. EDAW may
choose to recommence work once a delinquency is completely cured and any and all
attendant collection costs, fees, increases in costs or fees, or other amounts required to be
paid by Client under this agreement are made in full. If a delinquency by Client occurs and
EDAW, Inc. chooses not to suspend work, no waiver or estoppel shall be implied or
inferred. Client agrees and understands that if EDAW, Inc. decides to so suspend its work,
EDAW shall not be liable for any costs or damages, including but not limited to delay and
consequential damages, to the Owner, Client, or any other third party, that may arise from
or be related to such a work suspension. Client agrees to hold EDAW, Inc. harmless from
and completely indemnify EDAW from and against any and all damages, costs, attomey's
fees, and/or other expenses which EDAW, Inc. may incur as a result of any claim by any
person or entity arising out of such a suspension of work. Additionally, EDAW, Inc.
maintains the right to withhold instruments of professional service pending payment.
5.) If any litigation, arbitration, or other legal action arising out of this contract ensues, the
prevailing party shall be entitled to, without limitation, reasonable attorney's fees,
expenses, expert fees, and costs.
6.) When non-standard billing is requested, time spent by office administrative personnel in
preparation is a cost to the project and charged as technical labor.
Limitation of Liability
EDAW's liability for damage on account of any act, error, omission or other professional
negligence shall be limited to a sum not to exceed $50,000 or our fee, whichever is less.
NUMBER
SEA-000727619-18
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH RISK & INSURANCE SERVICES
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
P. O. BOX 193880
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
SAN FRANCISCO, CA 94119-3880
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
CALIFORNIA LICENSE NO. 0437153
COMPANIES AFFORDING COVERAGE
COMPANY
102734-CONST-ALL-
A TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
INSURED
COMPANY
EDAW, INC.
B HARTFORD FIRE INSURANCE CO
2737 CAMPUS DRIVE
COMPANY
IRVINE, CA 92612
C TWIN CITY FIRE INSURANCE CO./HARTFORD
COMPANY
D ZURICH AMERICAN INS CO
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN
HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE(MM/DD/YY)
POLICY EXPIRATION
DATE.(MM/DD/YY)
LIMITS
A
GENERAL
LIABILITY
630-787213152-05
07/01/05
07/01/06
GENERAL AGGREGATE
$ 2,000,000
X
COMMERCIAL GENERAL LIABILITY
PRODUCTS -COMP/OP AGG
$ 2,000,000
CLAIMS MADE a OCCUR
PERSONAL & ADV INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
OWNER'S & CONTRACTOR'S PROT
X
FIRE DAMAGE (Any one fire)
$ 500,000
CONTRACTI. JAI I IARII ITY
X
SEPARATION OF INSURED
MEDEXP (Any rson
$ 10,000
B
AUTOMOBILE
LIABILITY
57UENTL6235
07/01/05
07/01/06
COMBINED SINGLE LIMIT
$ 1,000,000
X
ANY AUTO
BODILY INJURY
$
ALL OWNED AUTOS`
SCHEDULED AUTOS
(Per. person)
X
BODILY INJURY
$
HIRED AUTOS
X
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
RO
D AS TO FOR
:
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
�IFERMCGRATH,
C
y 1tomey
OTHER THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
$
66G
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
C
WORKERS COMPENSATION AND
57WENP6960
07/01/05
07/01/06
X
EMPLOYERS' UABIUTY
TORY LIMITS ER
EL EACH ACCIDENT
$ 1,000,000
THE PROPRIETOR/ INCL
EL DISEASE -POLICY LIMIT
$ 1,000,000
PARTNERSIEXECUTIVE
Ig
EL DISEASE -EACH EMPLOYEE
$ 1,000,000
OFFICERS ARE: EXCL
OTHER
D
PROFESSIONAL LIABILITY
EOC 9379410-01
03/24/05
08/01/06
PER CLAIM 1,000,000
(ERRORS & OMISSIONS)
AGGREGATE 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS
RE: EDINGEER CORRIDOR PROJECT. ALL OPERATIONS OF
THE NAMED INSURED. SEE ADDITIONAL INSURED ENDORSEMENT ATTACHED.
PROFESSIONAL LIABILTY IS WRITTEN AT AGGERGATE LIMITS OF LIABLHTY NOT LESS THAN THE AMOUNT SHOWN.
E1Gf[OA1 -
z9 MUM a
Mms 01
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL E/X62W.6VXM MAIL -1 DAYS WRITTEN NOTICE TO THE
CITY OF HUNTINGTON BEACH
ATTN: DUANE R. BANKEY
CERTIFICATE HOLDER NAMED HEREIN,
2000 MAIN STREET
E
HUNTINGTON BEACH, CA 92648
xxxxxxxxx
MARSH USA INC.
BY: Michio Nekota
s
M5 E{f02 VALID AS OF 07/21/05
r
a�'.
_
DATE (MM/DD/YY)
�
07/2i/05
rRooucER
COMPANIES AFFORDING COVERAGE
COMPANY
MARSH RISK 8INSURANCE SERVICES
P. O. BOX 193880
SAN FRANCISCO, CA 94119-3880
E N/A
CALIFORNIA LICENSE N0.0437153
COMPANY
F
102734-CONST-ALL-
INSURED
COMPANY
EDAW, INC.
2737 CAMPUS DRIVE
G
IRVINE, CA 92612
COMPANY
H
Travelers Property Casualty Company of America Endorsement COMMERCIAL GENERAL LIABILITY
Named Insured: EDAW, Inc. Policy No. 630-78726152-05 Effective Date: 07/01/05
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part
SCHEDULE
1. Names of Additional Insured Person(s) or Organization(s):
Any person or organization you are required to include as an additional insured on this policy by a written contract or written agreement in effect during this
policy period and signed and executed by you prior to the loss for which coverage is sought.
2. Location of Covered Operations: All locations at which you are performing operations pursuant to a written contract or written agreement as designated in
item 1. above.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations)
A. Section li - Who is An Insured is amended to include as an addtiional insured the person(s) or organization(s) shown in the Schedule, but only with respect
to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by:
1) Your acts or omissions; or
2) The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed,
after.
1) All work including materials, parts or equipment furnished in connnection with such work, on the project (other than service, maintenance or repairs) to be
performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another
contractor or subcontractor engaged in performing operations for a principal as part of the same project
This exclusion does not apply if you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during
this policy period and signed and executed by you prior to the loss for which coverage is sought Coverage will only apply for the period of time required by
such contract or agreement and in no event beyond the expiration date of the policy:
C. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of
an architect's, engineer's or surveyor's rendering of or failure to render any professional services including:
1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and
specifications; and
2. Supervisory or inspection activities performed as part of any related architectural or engineering activities.
CG D3 61 03 05 Copyright, 2005 The St. Paul Travelers Companies, Inc. All rights reserved.
CITY OF HUNTINGTON BEACH
ATTN: DUANE R. BANKEY
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
MARSH USA INC. BY
Michio Nekota ,J�.1LoL
PRODUCER
MARSH RISK & INSURANCE SERVICES
P. O. BOX 193880
SAN FRANCISCO, CA 94119-3880
CALIFORNIA LICENSE NO. 0437153
102734-CONST-ALL-
INSURED
EDAW, INC.
2737 CAMPUS DRIVE
IRVINE, CA 92612
ADDITIONAL INSURED:
CITY OF HUNTINGTON BEACH
ITS AGENTS, OFFICERS AND EMPLOYEES
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
CITY OF HUNTINGTON BEACH
ATTN: DUANE R. BANKEY
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
COMPANY
E N/A
COMPANY
F
COMPANY
G
COMPANY
H
DATE (MM/DD/YY)
A �z
07/21/05
COMPANIES AFFORDING COVERAGE
PROVED AS TO FORM:
J IFERAoGR�ATHCityAtqomqyz90
MARSH USA INC. BY
Michio Nekota +�.Jl�J1aL
BLANKET WAIVER OF SUBROGATION
This endorsement changes the policy to which it is attached effective on inception date of
the policy unless a different date is indicatedbelow.
This endorsemat, effective 12:01 AM 07/01/05 forms apart of Policy No. 57 WENP 6960
Issued to EDAW, Inc.
By: TWIN CITY FIRE INS P ANCE CONTANY
We waive any right of recovery we may have against any person or organization because
of payments we make for injury or damage arising out of premises owned or occupied by
or rente d or loaned to you; ongoing operations performed by you or on your behalf, done
under a contract with that person or organization; "your work", or "your products". We
waive this right where you have agreed to do so as part of a written contract, executed by
youpriorto loss.
Schedule
AS REQUIRED BY WRITTEN CONTRACT
m
Courdersigtied by
Copyright, The Travelers indemnity Company, 2003 CD D i 86 1103
PROFESSIONAL SERVICES CONTRACT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
AND
EDAW, Inc.
FOR
Professional Consulting Services
Table of Contents
1
Scope of Services.....................................................................................................1
2
Agency Staff Assistance..........................................................................................2
3
Term; Time of Performance.....................................................................................2
4
Compensation..........................................................................................................2
5
Extra Work...............................................................................................................2
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
11
Independent Contractor............................................................................................6
12
Termination of Agreement.......................................................................................6
13
Assignment and Delegation.....................................................................................6
14
Copyrights/Patents...................................................................................................7
15
Agency Employees and Officials.............................................................................7
16
Notices.........................................................................................
17
Consent....................................................................................................................8
18
Modification.............................................................................................................8
19
Section Headings.....................................................................................................8
20
Interpretation of this Agreement..............................................................................8
21
Duplicate Original....................................................................................................9
22
Immigration...............................................................................................................9
23
Legal Services Subcontracting Prohibited................................................................9
24
Attorney's Fees..........................................................................................................10
25
Survival.....................................................................................................................10
26
Governing Law.........................................................................................................10
27
Entirety......................................................................................................................10
jmp/contracts group/intematl sample/4/14/03
su ' PROFESSIONAL SERVICE CONTRACTS
PURCHASING CERTIFICATION
1. Requested by: Carol A. Runzel, Assistant Project Manager k S-c a y
2. Date: September 22, 2005
3. Name of consultant: EDAW, Inc.
4. Description of work to be performed: Economic & Planning Consulting
5. Amount of the contract: $25,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
I
7. Company number and object code where funds are budgeted: 30580101.69365
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes, ❑ No
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
Explanation:
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.
ARD ANAADRIL, Manager
Purchasing/Central Services
' If the answer to any these questions is "No," the contract will require approval from the City Council.
Purchasing Certification 9/22/2005 11:07 AM
Request for Proposals — Solicitation 9/13/05
Completion of the Edinger Corridor Specific Plan
The following firms received the request for proposals:
Kathe Head
Keyser Mareston Associates, Inc
500 S. Grand Avenue, #1480
Los Angeles, 90071
Downtown Solutions, Civic Solutions
31726 Rancho Viejo Road, Ste 223
San Juan Capistrano, CA 92675
Ken Ryan
EDAW, Inc.
2737 Campus Drive
Irvine, CA 92612