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HomeMy WebLinkAboutHART CROWSER, INC. - 2002-01-17u _' icy \ Contracts Checklist for Submittal to City Clerk's Office Hhw[ gm Hcedi ./ (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x5404 1. Name of Contractor: Hart Crowser, Inc. 2. Purpose of Contract: Expert consulting services in connection with lawsuit entitled City of Huntington Beach v. Huntington Beach Police Officers Assn. 3. Expiration Date: 2/15/02 4. Amount of Contract: $5,450 A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? ❑ YES X NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? ❑ YES X N/A OR Is the attached contract a SOLE SOURCE? X YES ❑ N/A C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? X YES PLEASE INCLUDE: Scott Field/5555 Name/Extension City Attorney Department 6/20/02 Date CITY CLERK'S OFFICE USE ONLY: g:/forms/city clerk contract checklist.doc • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HART CROWSER, INC. FOR EXPERT CONSULTING SERVICES IN CONNECTION WITH THE CASE ENTITLED CITY OF HUNTINGTON BEACH . v. HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION, USDC Case No. SACV 01-1125 GLT (ANx) THIS AGREEMENT ("Agreement") is made and entered into this 171h day of January, 2002, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Hart Crowser, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY previously contracted with RBF Consulting to prepare an environmental impact report and a remedial action plan for remediation of the gun range site (the "Property"). The gun range was previously operated by the Huntington Beach Police Officers Association ("HBPOA") for the Property. CONSULTANT was hired as a subcontractor to RBF Consulting to perform the remedial action plan ("RAP"). RBF was previously selected pursuant to the provisions of Huntington Beach Municipal Code, Chapter 3.03 relating to procurement of professional service contracts; and CITY desires to engage the services of a consultant to provide expert consulting and expert witness services in connection with the case entitled City of Huntington Beach v. Huntington Beach Police Officers Association, USDC Case No. SACV 01-1125 GLT (ANx) ("Case No. 01-1125"); and Case No. 01-1125 concerns remediation of environmental contamination the a gun range site; and sff/02agree/hart 1-17-02/4/2/02 1 • The Property is a former gun range approximately 4.91-acres in size owned by the City. The Property is located at 18191 Gothard Street, Huntington Beach, southwest of the intersection of Talbert Avenue and Gothard, immediately north of Sully Miller Lake. The Property was originally owned by the County of Orange and was part of a former landfill. In the 1960s, the HBPOA constructed the current improvements. Reportedly, the gun range was active until 1997; and CONSULTANT reviewed a Preliminary Assessment report performed by Americlean Environmental Services, Inc. (November 30, 1998). This investigation concluded that the target berms are impacted with soluble lead to at least 4-feet below ground surface (bgs). No other areas were sampled during Americlean's investigation; and CITY retained the services of CONSULTANT, as a subcontractor to RBF to prepare a Remedial Action Plan ("RAP") intended to mitigate heavy-metal impacts at the Property. The Property is designated as Open Space -Park in the CITY's General Plan and is part of the Master Plan of Recreation Uses for Central Park; and CONSULTANT, as a subcontractor to RBF, conducted a remedial investigation and submitted a Final Remedial Investigation Report ("RI") to the Orange County Health Care Agency ("OCHCA") on April 23, 2001; and Based on the approved RI, CONSULTANT prepared a draft RAP to submit to OCHCA. The remedial objectives for the former gun range site were developed, screened, and recommended for selection in order to protect human health and the environment. The remediated Property would have beneficial usages in light of proposed future i developments at this site and the proposed adjoining Sports Complex Facility. At the time of this Agreement, the RAP has not yet been approved by OCHCA; and sff/02agree/hart 1-17-02/4/2/02 2 • In a meeting held October 4, 2001 between representatives of the OCHCA, CITY and CONSULTANT, it was understood that composite confirmation samples were needed at the eight locations found during the remedial investigation conducted at the Property. It was further understood that the criteria OCHCA would use in evaluating the confirmation data were the USEPA Region 9 industrial Preliminary Remediation Goal (USEPA-PRG) for lead (750 mg/kg), the California Title 22 Total Threshold Limit Concentration (TTLC) (1,000 mg/kg) and Soluble Threshold Limit Concentration (STLC) (5 mg/L); and CONSULTANT completed the confirmation sampling on November 9, 2001 at the Property. Following is the summary of CONSULTANT'S findings: • Out of eight (8) sample locations, seven (7) locations indicated total initial lead concentration greater than or equal to 1000 mg/kg. • Confirmation samples at four (4) of these locations confirmed the presence of greater than or equal to 1000 mg/kg of lead. • STLC numbers were below 1 mg/l for all submitted samples. • Based on the confirmation. sample results, it maybe possible to conduct a limited excavation and remove the lead impacted soil; and It is possible that OCHCA may significantly reduce allowable concentration of lead that may be left in the ground. It is assumed that there is approximately three (3) feet of fill material above the old landfill. The fill may not be uniform over the entire landfill. Based on these factors, the CITY would like to choose a remedial alternative that would be most cost effective and support site closure; and Pursuant to a change order issued pursuant to the existing RBF contract, CONSULTANT shall evaluate the implementation costs (capital and operational), sff/02agree/hart 1-17-02/4/2/02 3 .7 effectiveness for ultimate land usages and minimizing contaminant exposures, feasibility/availability of technologies and handling/disposal methods, durability and compatibility for installed systems with planned land usages, and annual maintenance of the following remedial alternatives as part of a revised RAP: • Limited excavation of the Bermed Area and "Hot Spots," and Limited Asphalt Capping; or • Limited Excavation of the Bermed Area and "Hot Spots," and Complete Asphalt Capping. In performing this work, CONSULTANT will initially deliver the revised RAP to the City Attorney's Office. The correspondence and the report will be marked "Privileged and Confidential -Attorney Product." It then will remain privileged and confidential, unless and until the City Attorney's Office directs that one or both options be incorporated into a revised RAP. Pursuant to such direction, CONSULTANT shall revise the RAP; and Pursuant to this Agreement, CONSULTANT shall perform the following additional expert consulting and witness services in connection with Case No. 01-1125: NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide the following expert consulting services: Task 1 — Document Review: Consultant will develop a comprehensive review of relevant new regulations regarding lead in soil. The review will consist of the Department of Toxic Substance Control (DTSC) and OCHCA methodology to determine the allowable limits (e.g. DTSC may allow 255 mg/kg, OCHCA may allow 750 mg/kg). sff/02agree/hart 1-17-02/4/2/02 4 • • Task 2 — Advantages/Disadvantages: Consultant will discuss the advantages and disadvantages of the two alternatives revisions to the RAP described above. CONSULTANT shall perform such additional expert consulting, and/or witness services as the City Attorney may direct in writing. CONSULTANT hereby designates Ravi Limage who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 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"). All tasks specified in Section 1 shall be completed no later than February 15, 2002, from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 4. COMPENSATION In consideration of the performance of Tasks 1 and 2 described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "A," not to exceed Five Thousand Four Hundred Fifty Dollars ($5,450.00) for the tasks described in Section 1. Any additional expert consulting and/or witness services shall be paid at the rates set forth in Exhibit A. sff/02agree/hart 1-17-02/4/2/02 5 5. EXTRA WORK In the event CITY requires additional services not included in Section 1 or changes in the scope of services described in Section 1, 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," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT •hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of sff/02agree/hart 1-17-02/4/2/02 6 • 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. 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) 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 requited extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting sff/02agree/hart 1-17-02/4/2/02 7 • provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's indemnification and defense 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. sff/02agree/hart 1-17-02/4/2/02 8 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. sff/02agree/hart 1-17-02/4/2/02 9 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 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: City Attorney 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Alistaire Callender, PhD, REA Principal Hart Crowser One World Trade Center, Suite 2460 Long Beach, CA 90831-2460 sff/02agree/hart 1-17-02/4/2/02 10 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. sff/02agree/hart 1-17-02/4/2/02 11 • • Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. sff/02agree/halt 1-17-02/4/2/02 12 24. ATTORNEY'S FEES Except as expressly set forth in Section 8 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Califomia. 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 sff/02agree/hart I-17-02/4/2/02 13 • • understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, HART CROWSER, INC. a municipal corporation of the State of California a California Corporation B'Y 6 Z City Attorney (Pursuant To HBMC §3.03.100) print name ITS: (circle one) Chairman4GDWice President AND By: _ Aobe+f J'� print name ITS: (circle one) Secretar hief Financial Officer sst. Secretary — Treasurer APPROVED AS TO FORM: City Attorney 6 _ /7_ o -z REVIEWED AND APPROVED: G-�I - City Administrator (only for contracts over $50, 000.00) sff/02agree/hart 1-17-02/4/10/02 14 • EXHIBIT A Remedial Alternatives valuation January 8, 2002 Jeffer, Mangels, Butler & Marmaro LLP HART CROWSER RATE SCHEDULE Sr. Principal $170 Principal $155 Sr. Associate $140 Associate $125 Sr. Project $110 Project $ 95 Sr. Staff $ 80 Staff $ 65 Technician $ 55 Sr. Drafter $ 70 Drafter. $ 55 Project Assistant/Technical Word Processor $ 55 DIRECT CHARGES Auto Mileage Current Federal Standard Truck/Van Rental (Half -day minimum) S70.00/day Subcontractors and Outside Vendors Cost + 15% . Communication Charge 5% of Billed Labor The current Schedule of Laboratory and Field Charges for field equipment rental and supplies is available upon request. All rates are subject to change without notice. For expert testimony and legal assistance an additional 50% increase on the above rates will be applied. The communication charge covers general copying, telephone, fax and mail charges specific to the project. Charges for overnight delivery of documents are not covered by this charge. t 9'11 Su City INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1., Requested by: City Attorney 2. Date: March 13, 2002 3. Name of contra ctor/permittee: Hart Crowser, Inc. 4. Description of work to be performed: Expert consulting services for remediation of former Gun Range site. 5. Value and length of contract: $5450.00 - one year 6. Waiver/modification request: Para. #8. Delete sentence: "CONSULTANT will conduct. all.. " 7. Reason for request and why it should be granted: Consultant's preference - with miminal, if any, risk to City 8. Identify the risks to the City in approving this waiver/modification: Unable to control who Consultant selects as its attorney in the event the need arises for such services. 3/23/02 Department Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if ;I Risk Management and the City Attorney's Office disagree. 1. Risk Management Approved ❑ Denied 61041 Signature Date 2. City Attorney's Office Approved ❑ Denied Signature U Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services waiver 3/13/02 8:08 A St, iv PROFESSIONAL SERVICE CONTRACTS Ilunfin, `F3eachm PURCHASING CERTIFICATION 1. Requested by: City Attorney 2. Date: May:, 22-; = 2002 3. Name of consultant: Hart Crowser, Inc. 4. Description of work to be performed: Expert witness in City v. HBPOA. Gun Range soil cleanup 5. Amount of the contract: $5,500.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 55215610.69375 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 11. Attach list of consultants from whom proposals were requested (including a contact.telephone number). _ This is a continuation of services which originated through the Planning Department: 12. Attach proposed scope of work.' Thi:-.part of the team utilized to determine remediation of the 13. Attach proposed payment schedule. Gun Range property. WIR 193f A ADRIL, Manager Purchasing/Central Services If the answer to any these questions is "No," the contract will require approval from the City Council. Purchasing Certification 4/19/02 10:53 AM Su ►cy INSURANCE AND INDEMNIFICATION WAIVER „tea MODIFICATION REQUEST 1. Requested by: City Attorney 2. Date: June 18, 2002 3. Name of contractor/permittee: Hart Crowser, Inc. 4. Description of work to be performed: Expert consulting services for remediation of former Gun Range site. 5. Value and length of contract: $5,450 - one year 6. Waiver/modification request: non -modification of cancellation clause 7. Reason for request and why it should be granted: insurance carrier refuses to comply with Citv's requirement - the proiect has been on aoina and is near completion 8. Identify the risks to the City in approving this waiver/modification:.Minimal at this time - 6/18/02 Department Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management `Approved El Denied Signature Date 2. City Attorney's Office -kapproved ❑ Deni Signatur Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services Insurance & Indemnification Waiver 6/18/02 8:00 AM 06417/02 15:43 FAX [7j002/003 CERTIFICATE OF INSURANCE DATE (MM!D D/YT) 6 17 02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Acordia Northwest Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 520 Pike Street, 20th Floor POLICIES BELOW. COMPANIES AFFORDING COVERAGE Seattle, WA 98101 COMPANY ALETTER Commerce & Industry Ins. Co. 206-701-5000 INSURED Hart Crowser, Inc. COMPANY B LETTER 1910 Fairview Avenue East Seattle, WA 98102-3699 COMPANY C LETTER American Int'1 Specialty Line COMPANY p LETTER North American Specialty Co. CDVERAGfS . _ .. ..._ THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/oD/YYI POLICY 0(PMTION DATE IMMIOV!YYI LIMITS GENERAL LIABILITY GENERAL AGGREGATE 2000000 X PRODUCTSCOMP!OPAGG. 2000000 A COMMCRCIALGENERALLIABILITY 4178871 5/25/02 5/25/03 CLAIMS MADE© OCCUR PERSONAL d ADV.INJURY lOOOOOO EACH OCCURENCE 1000000 OWNER'S & CONTRACTOR'S PROT X FIRE DAMAGE (Any ono Tim) SOOOO WA Stop Gap - MED. EXPENSE IAnY one Orson) 5000 to er' s Liab AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per De/son) BOOILY INJURY WIRED AUTOS NON•OWNEO AUTOS (Pe, se6denl! PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY . EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND X STATIITORY LIMIT EACH ACCIDENT 1000000 D EMPLOYER'S LIABILITY AHW000331600 -INCL. 7/01/01 7/01/02 DISEASE -POLICY LIMIT 1000000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERSARE: X EXCL VSL&H ON "IF ANY" BAS DISEASE•EACHEMPLOYEE 1000000 OTHER C Professional Lia. 8199563 1/29/98 1/29/03 $2Million ea. claim Incl. Contractor's Million Aggregate Pollution Liablty $100,000 ded/claim DESCRIPTION OF OPERATIONS!LOCATIONSIVEHICLESISPECIAL ITEMS The City of Huntington Beach, its Agents, Officers and Employees are included as Additional Insured as respects operations of the named insured, per CG2010 attached. Job #6999.07. GERTTFICATE HOLDER " : .... CANCI5LL•ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO City of Huntington Beach MAIL 45DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 Main Street LEFT, BUT O MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Huntington Beach, CA 92648 LIABILITfOF ANY KIND)UPON TH CO P}Y ITS AGENTS OR REPRESENTATIVES. AUTHORIZED R R TATIVF 294303000 i� y IR JUN-17-2002 15:53 96% P.02 06.'17/02 15: 43 FAX 003/003 INSURED: Hart Crowser,.Inc. COMPANY: Commerce & Industry Insurance Company _ POLICY NUMBER: 4178871 POLICY TERM: May 25, 2002 to May 25, 2003 COMMERCIAL GENERAL LIABILITY CG20101093 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIA131LITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its Agents, Officers and Employees (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 II) 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 ongoing operations performed for that insured. C v,ZGFF7cE%W jNW OKOKG2010 JUN-17-2002 15:53 Copyright, Insurance Services Office, Inc., 1992 96% P.03