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HomeMy WebLinkAboutHARRIS & ASSOCIATES, INC. - 2005-12-19RECEIVED 2005 DEC -D AD 11: 16 Council/Agency Meeting Held: / �I T y Y LEIZK Deferred/Continued to: HUNTINGTON EACH Approved ❑ Conditionally Approved ❑ Denied City 's c4Anatu Council Meeting Date: 12/19/2005 Department umber: PW 05-082 SUBMITTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION HONORABLE MAYOR AND CITY UNC1L MEMBERS PENE�OPE CU BRET� , Cl DMINISTRATOR ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WORK' O 4� Approve Contracts for As Needed Professional Civil Engineering Services Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Public Works Department requires professional civil engineering services on an as needed basis to support staff for the design and construction of capital projects. Funding Source: Funds are available within budgeted capital improvement projects. Additional Council authorization will be requested for unbudgeted projects, if necessary. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute professional service contracts for the following six firms: AKM Consulting Engineers, Boyle Engineering Corporation, Dudek & Associates, Inc., Harris &Associates, Inc. Huitt—Zollars, Inc., and Richard Brady & Associates, Inc. Alternative Action(s): Do not authorize the contracts and direct staff to request proposals from other engineering firms for design services for various capital projects. Projects could be delayed up to one year. r��':9 It369- ;�0'4 //1.) " - REQUEST FOR ACTION F7t,tF # MEETING DATE: 12/19/2005 DEPARTMENT ID NUMBER:PW 05-082 Analysis: The City's Capital Improvement Program exceeds $50 million in FY 2005/06. Projects include street widening, sewer lift stations, drainage and water facility improvements. Design and construction engineering support for the myriad of projects is assigned to firms specializing in the various disciplines as it is not possible to complete the large workload using only City staff. It is to the City's benefit to retain qualified firms for capital project design and engineering. Project assignments are rotated among the consultants, taking advantage of each consultant's specializations. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. The proposed new contracts allow for a three-year contract term with a total budget not to exceed $2 million per contract over the three-year contract term. Funding sources will be capital project accounts, using the approved project budgets. Public Works Commission Action: Not required. Environmental Status: Not applicable. Attachment(s): 637 —' 1. Design Professional Services Contract with AKM Consulting Engineers. 2. Design Professional Services Contract with Boyle Engineering Corporation. 3. Design Professional Services Contract with Dudek & Associates, Inc. oZ rP3� — 4. Professional Services Contract with Harris & Associates, Inc. a83 73 e 5. Design Professional Services Contract with Huitt—Zollars, Inc. a�3 _ 6. Design Professional Services Contract with Richard Brady & Associates, Inc. G:\R C A\2005\05-082 Dec 19 Ferrigno (Approve Contracts for As Needed Civil Engineering).doc 12/2/2005 3:21 PM -2- ATTACHMENT #4 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HARRIS & ASSOCIATES, INC. FOR AS -NEEDED CIVIL ENGINEERING SERVICES (NON -DESIGN) THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and HARRIS & ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as -need civil engineering services (non -design); 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 (non -design) on an as -needed basis as directed by CITY. No design work shall be performed pursuant to this Agreement. 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 Randall G. Berry, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 05agree/harris I 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall automatically terminate on November 7, 2008, unless sooner terminated as provided herein. The time for performance of the tasks identified in the Scope of Services are generally to be shown in the Scope of Services This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "A," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Million Dollars ($2,000,000). 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the Scope of Services, CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written 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 05agree/harris no design 2 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 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). 05agree/hams no design 3 B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. 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. 05agree/hams no design 4 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 05agree/hams no design 5 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. 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: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Randall G. Berry Harris & 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. 05agree/harris no design 6 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its. fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 05agree/harris no design 7 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing 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 05agree/harris no design 8 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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on �ECE/yiLiEi� /�, 20 D� HARRIS & ASSOCIATES, INC. By: _�A JEF Y M. COO ER, Se or Vice President �� (See attached Resolution of Consultant) REVIEWED AND APPROVED: City A ministrator 05agree/hams no design 9 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor P00,40 5�0) City Clerk I2IU a— APPROVED AS TO FORM: 11 8 y ttorneY 12� "�\�\0 INITIATE AND AP P OVED: Director of Public Works 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 (34) 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 Scope of Services 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. 05agree/harris no design EXHIBIT A s MINUTES OF ACTION of BOARD OF DIRECTORS of HARRIS & ASSOCIATES. Inc. A California Corporation March 10, 2005 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 March 2, 2005, 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 Michael K. Cooper - Vice President Brian A. Danley - Vice President Randall S. Duncan - Vice President Edgar E. Edwards - Vice President Jules P. Feher - Vice President Robert S. Guletz - Vice President James R. Guerrero - Vice President Andrew A. Hays - Vice President Edward A. Kozlowski - Vice President Dana LeSher - Vice President Mario Maciel - Vice President Russell A. Moore - Vice President James D. Morris - Vice President Gregory G. Ow - 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 or Regional Managers of the corporation, namely: Dennis A. Anderson Ricky Cooley Joan Cox Isaac Dee Russ Eberwein Scott Gilpatric Ramon Guiao Ramiro Herrera Rich Huffman Craig Johnson William Little III Michelle Leonard Sam McClellan Matthew Nethercutt Paul Oblack Craig Parmley Scott Perry Greg Aldrich Randy Berry Jim Bissell Monika Bowden Diane Canada Ron Collins Kris Colwell Jasmine Cuffee Ehab Gerges Samir Ghosn Ted Hamilton Kourosh Iranpour Maria Leyva Neil Looker Tom Marnocha Roy Mayer Tom Mebane Jim Miller Ron Price Steve Quezada Pat Skrabanek Josh Watkins Tanya Wollman Howard Zabell Dan Becker -- Seattle Jim Bissell -- Tracy Mike Cooper -- Gilroy Randy Duncan -- LA Ramiro Herrera — Palm Desert Mike Kaner -- Ventura Jim Morris— Las Vegas Steve Roberts -- Sacramento Javier Saunders — San Diego Darren Schulz — Carson City Kim Sloat — Fresno 2. AUTHORIZATION TO ENTER INTO CONTRACTS: 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 Regional Manager of the corporation. Regional Managers that are also officers shall have the higher signing limit of an officer. 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 corporatun. 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 contrast. 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: March 10, 2005 L. CARL HA RIS RIC—KSON R 1 NEIL M. MCCOSKER JAMES L. PARMLEY e1411-,2 )-\-� JEFF EY M. COOP R VERNON A. PHILLIPS HARRAND-01 AFDI ACOXIIIIIII RiU,. CERTIFICATE OF LIABILITY INSURANCE DA8/30/2005 ' PRODUCER (510) 547-3203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION, Diversified Risk Insurance Brokers License #0529776 5900 Christie Avenue ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Emeryville, CA 94608 INSURERS AFFORDING COVERAGE NAIC # INSURED Harris and Associates Inc. INSURER A: Atlantic Specialty insurance Company Attn: Tracy Rapozo INSURER B: Hartford Fire Insurance Co. 120 Mason Circle Concord, CA 94520-1238 INSURER aAmerican Guarantee & Liability INSURER D:Alaska National Insurance Company INSURER E: Continental Casualty Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' N POLICY NUMBER POLICY EFFECTIVE AT D POLICY EXPIRATION D LIMBS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1XI OCCUR 71:800824.5-0001 8/1/2005 8/1/2006 EACH OCCURRENCE $ 1,000,00 PREMGE TO ISES Ea oo ur RENTED $ 50,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 X -x...C­..U., X Severability Of Interest GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,60 POLICY X I PRO- LOC B AUTOMOBILE LIABILITY ANY AUTO 57UENUL6878 8/1/2005 8/1/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ED AS JMCAT MENN;IFR FORM T FORM , ty ttorney ,�� X ODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG C EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE AUC9305561-03 8/1/2005 8/1/2006 EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 $ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND Y EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 05HWD40007 8/1/2005 8/1/2006 X I WC STATU- OTH- LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 OTHER E Professional Liability AEA113822501 8/1/2005 8/1/2006 Per Claim & Aggregate: 5,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS In the event of cancellation for non-payment of premium, a 10 day notice will apply. For Prof. Liab. coverage, the Aggregate Limit is the total insurance available for all covered claims reported within the policy period. Re: As -Needed Civil Engineering Services (H&A #052-0154.01). The City of Huntington Beach, its agents, officers and employees are named as additional insured (Gen. Liab.) per attached Atlantic Specialty Ins. Co. Additional Insured endorsement. No deductible applies to each and 10 very claim submitted under the Professional Liability policy as it pertains to this project. (Revised.) CERTIFICATE HOLDER CANCFLI_ATInN City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Risk Management DATE THEREOF, THE ISSUING INSURER WILLX]r)bNMAIL 30 DAYS WRITTEN 2000 Main Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BX*Xl>'il�lCi®(1i6Q 1 *XL Huntington Beach, CA 92648- lLdiiXiaCi110(>C1<dLJ(�EXiXEXDGXJ((XI)4)4>�XaC� X*Xitt,KdtrXDm AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 POLICY #: 718-00-8245-0001 INSURED: Harris and Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include as an additional insured any person or organization you are required to add as an additional insured under this policy in 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. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" performed under the written contract or written agreement. 2. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section III — LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury: or "property damage" caused by "your work" included in the "products -competed operations hazard" unless 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. 3. Subpart (1)(a) of the Pollution exclusion (Section I — Coverages, part 2. f. of the Commercial General Liability Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless 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 specifically requires that this insurance apply on a primary or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". Atlantic Specialty Insurance Company Pagel of 2 b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c) Tender the defense and indemnity of any claim or "suit' to any other insurer which also insures against a Ioss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For Name of Person or Organization: purposes of this requirement, the term "insures against" refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. City of Huntington Beach, its agents, officers and employees Re: As -Needed Civil Engineering Services (H&A #052-0154.01) Atlantic Specialty Insurance Company Page 2 of 2 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 28, 2005 Randall G. Berry Harris & Associates, Inc. 34 Executive Park, Suite 150 Irvine, CA 92614-4705 Dear Mr. Berry: Enclosed for your records is a copy of the Professional Services Contract between City of Huntington Beach and Harris & Associates, Inc. for as -needed civil engineering services. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure: Agreement Ufollowup:agrmthr 1 Telephone: 714-536-5227 )