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HomeMy WebLinkAboutHarris & Associates - 2004-02-02CITY OF HUNTINGTOk B-E- CtH Alt'l �0 �J MEETING DATE: February 2, 2004 DEPARTMENT ID NUMBER: PW 04-011 Council/Agency Meeting Held:cj, —�/ Deferred/Continued to: / YApproved ❑ Conditionally Approved ❑ Denied Ci a gnature Council Meeting Date: February 2, 2004 Departmen ID Number: PWR4-1 CITY OF HUNTINGTON BEACH, REQUEST FOR ACTION _w SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, City Administrator O�V PREPARED BY�JOBERT F. BEARDSLEY, Director of Public Works rR/q!Z___ SUBJECT: Approve General Civil On -Call Professional Services Agreement Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Public Works Department requires General Civil Engineering services on an as -needed basis. Contracts for the City's current consultants have recently expired and new contracts are required to continue those services. Funding Source: Funds are available within budgeted capital improvement projects. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts with AKM Consultants, Harris and Associates, Richard Brady and Associates, and Willdan. Alternative Action(s) Do ' not authorize agreements and direct staff to request proposals from other engineering firms to complete current projects. This action would result in additional unbudgeted expenditures for additional design costs. Projects could be delayed a minimum of one year. Grant funding could be jeopardized. y ' Z_e 660, /0 q<-- /W - G:1R C A12004104-011 Feb 2 Broussard (Gen.Civil On Call).doc a 1/14/200410:41 AM REQUEST FOR ACTION MEETING DATE: February 2, 2004 DEPARTMENT ID NUMBER: PW 04-011 Analysis: In 2003, the City entered into contracts with four firms to provide on -call professional engineering services. These contracts have recently expired and the new contract process requires City Council action to extend the contracts to complete existing projects as well as permit staff to authorize additional services The original contracts were written to include annual extensions as agreed to by the City. The proposed new contracts allow for a five-year contract term with a total budget not to exceed $1,000,000 per contract. It is to the City's benefit to retain qualified firms for capital project design and engineering. Project assignments are rotated among the consultants, taking advantage of their various specializations. The alternative to on -call design is the preparation of documents and requesting proposals for individual projects. With over 50 budgeted projects to complete over the next two years; the on -call process provides significant savings in staff hours. Public Works Commission Action: Not required. Environmental Status: Not applicable Attachment(s): 1 1 Professional Services Contract with AKM Consultants 2 1 Professional Services Contract with Harris and Associates 3 Professional Services Contract with Richard Brady and Associates 4 1 Professional Services Contract with Willdan RCA Author: T. Broussard G:1R C A12004104-011 Feb 2 Broussard (Gen.Civil On Call).doc 111412004 9:56 AM ATTACHMENT #2 0, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: -), - V — �00 C Name , Street Ifs V/ AJ E, �a�o/ -SLR-OS• City, State, zip ATTENTION: DEPARTMENT: REGARDING: See Attached Action Agenda. Item Ed\ Date of Approval o;It -ck - D ?` Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement ✓ Bonds Insurance ✓ RCA Deed Other Name 40 artment RCA Agreement ✓ ✓ Insurance Other GLS�Sf�,Q e T ent RCA Agreement Insurance Other Is 6M Name Department RCA Agreement Insurance Other Name RCA Agreement Insurance Other Department Name Department RCA Insurance (Telephone: 714-536-5227 ) W PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HARRIS AND ASSOCIATES FOR AS -NEEDED ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this a^'D day of 200, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and HARRIS AND ASSOCIATES, a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as -needed engineering services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services described as individual engineering projects on an as -needed basis as directed by CITY. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT will perform all engineering functions as set forth in a written Scope of Work to be provided in advance of each PROJECT. CONSULTANT hereby designates Randy Berry who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 03agree/hams and assoc/12/22/03 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 February 1, 2009, unless sooner terminated as provided herein. All tasks shall be completed no later than five (5) years 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 are generally to be shown in individual proposals on an as -needed basis This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in the original proposal for as -needed services, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000.00). 5. EXTRA WORK In the event CITY requires additional services or changes in the scope of services, CONSULTANT will undertake such work only after receiving written authorization from CITY. 03agree/harris and assoc/12/22/03 2 Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "A." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or 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 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 03agree/hams and assoc/12/22/03 3 limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "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 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 03agree/harris and assoc/12/22/03 4 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. 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 03agree/hams and assoc/12/22/03 5 employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All - work required hereunder shall be performed in a good, and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 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 03agree/harris and assoc/12/22/03 6 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: Todd Broussard 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Randy Berry Harris and Associates 34 Executive Park, Suite 150 Irvine, CA 92614-4705 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. 03agree/harris and assoc/12/22/03 7 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the. various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair ,meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 03agree/harris and assoc/12/22/03 8 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. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 03agree/hmis and assoc/12/22/03 9 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. 03agree/harris and assoc/12/22/03 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. HARRIS AND ASSOCIATES B 1� Y J r )-1- M, C-00 rtAr- pribtname ITS: (circle one) Chairman/PresidenfVice President AND CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California JV Mayor ATTEST: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer APPROVED AS TO FORM: T` �r City Atiorney REVIEWED AND APPROVED: l D APPROVED: Cit Administrator Director of Public Works 03agree/harris and assoc/12/22/03 I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HARRIS AND ASSOCIATES FOR AS -NEEDED ENGINEERING SERVICES 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...............................................................................................................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 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 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 03agree/harris and assoc/12/22/03 EXHIBIT "A" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in the written Scope of Work may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 03agree/harris and assoc/12/22/03 MINUTES OF ACTION of BOARD OF DIRECTORS of HARRIS & ASSOCIATES. Inc. A California Corporation July 1, 2003 Pursuant to California Corporations Code §307(b) and the Bylaws of this corporation, the following action is hereby taken pursuant to the unanimous written consent of the Board of Directors of Harris & Associates, Inc., as of July 1, 2003, at their Board of Directors' meeting. 1. ELECTION OF OFFICERS: The Board does hereby unanimously elect the following individuals to the offices set forth opposite their respective names L. Carl Harris - Chairman of the Board Guy A. Erickson - President Jeffrey M. Cooper - Senior Vice President Dan L. Masdeo - Senior Vice President, Secretary & Treasurer Neil M. McCosker - Senior Vice President James L. Parmley - Senior Vice President Vernon A. Phillips - Senior Vice President Brad Arason - Vice President Brian A. Danley - Vice President Edgar E. Edwards - Vice President Robert S. Guletz - Vice President James R. Guerrero - Vice President Andrew A. Hays - Vice President Nabil H. Hissen - Vice President Edward A. Koziowski - Vice President Stephen R.Mimiaga - Vice President Russell A. Moore - Vice President James D. Morris - Vice President Gregory G. Ow - Vice President Kelly Riddle - Vice President Steven E. Roberts - Vice President Marian S. Ross - Vice President & C.F.O. David T. Seevers - Vice President Marie A. Shockley - Vice President Larry G. Timmer - Vice President Byron G. Tobey - Vice President Roland P. Williams, Sr. - Vice President The Board of Directors does hereby acknowledge that the following individuals are currently associates of the corporation, namely. Dennis A. Anderson Rick Cooley Isaac C. Dee Julius Feher Theodore V. Hamilton Kourosh Iranpour Dana LeSher Roy Mayer Jim Miller Craig W. Parmley Steve Quezada Diane F. Canada Joan E. Cox Patrick M. Dobbins Scott Gilpatric Ramiro S. Herrera Craig A. Johnson William Little III Sam McClellan Matt Nethercutt Scott E. Perry Azzam Saad 2. AUTHORIZATION TO ENTER INTO CONTRACTS: Kris M. Colwell Jasmine Cuffee Russell W. Eberwein Ramon Guiao Richard A. Huffman Michelle Leonard Neil L. Looker Tom Mebane Paul Oblack Ron Price Noel Zemla The Board has previously discussed the matter of signing authority for contracts and the appropriate limits on signing authority. The Board is in agreement that such limits should be expressly set forth and therefore unanimously adopts the following resolutions: RESOLVED, the contracts to be executed on behalf of this corporation obligating it to perform services shall require only one (1) authorized signature as hereinafter provided. RESOLVED FURTHER, that all contracts up to One Hundred Thousand Dollars ($100,000) may be executed on behalf of the corporation by any associate or officer of the corporation. RESOLVED FURTHER, that all contracts up to Five Hundred Thousand Dollars ($500,000) may be executed on behalf of the corporation by any officer of the corporation. RESOLVED FURTHER, that L. Carl Harris, Jeffrey M. Cooper, Guy A. Erickson, Dan L. Masdeo, Neil M. McCosker, James L. Parmley, and Vernon A. Phillips may sign such contracts on behalf of the corporation without limitation as to the amount of the contract. RESOLVED FURTHER, that the above authorities shall remain in effect until revoked, changed or amended by duly adopted resolution of the Board of Directors. Dated: July 1, 2003 L. CARL HARRIS GUY . ERICKSON -�-' �4 NE1L M. M6 ��------ram- �------•__- JAMES L. PARMLEY jEFFF EY M. COOPER Q5a�� 'Zf - DAN -O f ;mot VERNON A. PHILLIPS HARRAND-01 `JGADI IS nO� DATE (MMIDONY) A D. CERTIFICATE F LIABILITY INSURAW cE 9/12/2003 000CER (510) 547-3203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION versified Risk Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE -ense #0529776 4co' i 0 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 00 Christie Avenue 0- ! E ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. V l..0 neryville, CA 94608 INSURERS AFFORDING COVERAGE ;URED Harris and Associates Inc. ('b P Y -ro p� , INSURER A: Evanston Insurance Co. Attn: Tracy Rapozo� INSURER B: Royal Insurance Co. of America 120 Mason Circle Z_4 - INSURERc: American Guarantee & Liability Concord, CA 94520-1238 0 INSURER D: Alaska National Insurance Comnanv ]VERAGES FHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING aNY REQUIREMENT, TERM CR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR NAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDLY-Y) POLICY EXPIRATION DATE (MMIDDNY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anyone fiire) $ 50,000 X COMMERCIAL GENERAL _ABILITY 03PKGO0743 8/1/2003 8/1/2004 CLAIMS MADE C OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 11000,000 X "X" "l'i" "U" { GENERAL AGGREGATE $ 2,000,000 X I Severability of Interest i PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APP_ ES PER= POLICY X' PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 X ANY AUTO PST414719-03 ALL OWNED AUTOS 8/1 /2003 8/1 /2004 (Ea accident) BODILY INJURY $ SCHEDULED AUTOS i HIRED AUTOS ROVED A NON -OWNED AUTOS ENNIFER McGRATH, O FORM: City Atto n1ey ��` /v� 7! (Per person) X BODILY INJURY (Per accident). $ X PROPERTY DAMAGE (Per accident) $ J GARAGE LIABILITY J ; S- AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO ' $ 1 J, AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 X OCCUR ED CLAIMS MADE AUC-9305561-01 8/1/2003 8/1/2004 AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND - X NCY TALIMTU- I OTHFIR EMPLOYERS'LIABILITY �03HWD40007 8/1/2003 8/1/2004 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,00 OTHER i Professional Liability AEA113822501-93 8/1/2003 8/1/2004 Per Claim: 5,000,000 See Remarks' AEA113822501-93 8/1 /2003 811 /2004 Aggregate: 5,000,000 3CRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS :he event of cancellation for non-payment of premium, a 10 day notice will apply, : As Needed Civil Engineering Services (H&A#022-0341.01) INSURER City of Huntington Beach Attn: Tod Broussard, PE 2000 Main Street Huntington Beach, CA 92648- ;ORD 25-S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL WN"X)IDMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE. HOLDER NAMED TO THE LEFT, B AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988 =_MARKS ofessional Liability K'° :AND-01 GADI PAGE 1 OF 1 As respects PROFESSIONAL LIABILITY Coverage: The Aggregate Limit is the total limit of insurance available for all aims presented under the policy. No deductible applies to each and every claim submitted under the policy as it pertains to is project only (Harris & Associates project #022-0341.01) POLICY #: 03PKGO0743 COmMERCIAL GENERAL LIABILITY INSURED: Harris and Associates Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its Agents, Officers, and Employees Re: As Needed Civil Engineering Services (H&A#022-0341.01) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you CG 20 10 11 85 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Approve General Civil On -Call Professional Services Agreements COUNCIL MEETING DATE: February 2, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the CityAttomey) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff Assistant City Administrator initial City Administrator Initial arrry City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author T. Broussard x 5247