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HomeMy WebLinkAboutPadilla Associates, Inc. - 2010-06-21 ITu / Council/Agency Meeting Held:_ ,.- Deferred/Continued to: Ap oved ❑ Conditionally Approved ❑ Denied rV Signat(y Council Meeting Date: June 21, 2010 Department ID Number: PW 10-010 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve Professional Services Contracts for As=Needed Wage Compliance Services in the amount of$125,000 each with Amerinational Community Services Inc., and Padilla Associates Inc. Statement of Issue: The Public Works Department regularly requires the services of specialized firms that can provide Davis-Bacon/Prevailing Wage Compliance monitoring on federal or state funded capital projects. Professional services contracts for two as-needed wage compliance services firms are proposed. Financial Impact: Funds are available within the budgeted capital improvement and maintenance projects. All current projects will be funded through Water Fund, Water Master Plan, Sewer Fund, Gas Tax, Measure M, Proposition 1 b or other grants. There are currently no budgeted General Funded projects that will utilize these services. Recommended Action: Motion to: �) Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Amerinational Community Services Inc. for As-Needed Wage Compliance Monitoring Services; B) Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Padilla and Associates Inc. for As- Needed Wage Compliance Monitoring Services. Alternative Action(s): Do not authorize the contracts and direct staff on how to proceed. (-bM.o1uv/79 Jrlc. -145- Item 10. a Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 6/21/2010 DEPARTMENT ID NUMBER: PW 10-010 Analysis: For federal and state funded projects, local agencies are required to monitor Davis Bacon/Prevailing Wages to assure the contractor's workers are paid at the published hourly rates. The current as-needed wage compliance contracts have expired and staff has determined that these services remain necessary. A Request for Proposal (RFP) was prepared in compliance with Chapter 3.03 of the Huntington Beach Municipal Code detailing the Davis-Bacon/Prevailing Wage Compliance monitoring services required. After a thorough review of the six proposals received, two firms are recommended. The proposed contracts are with Amerinational Community Services Inc. and Padilla & Associates Inc. in the amount of $125,000 each for three years with the option for two one- year extensions each. The amount was calculated based on past experience with previous contracts and in consideration of anticipated future project workload. Future state and federally funded projects include the energy efficiency and street rehabilitation projects (ARRA and State), ADA improvements (CDBG), Edison Park Improvements (State) all require labor compliance services. Public Works Commission Action: Not required. Environmental Status: Not applicable. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): IT o B - otion - 1. Professional Services Contract between the City of Huntington Beach and Amerinational t Community Services Inc., for As Needed Wage Compliance Seances 2. Professional Services Contract between the City of Huntington Beach and Padilla & Associates Inc., for As-Needed Wage Compliance Services. Item 10. - Page 2 -146- ATTACHMENT #2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR AS- WQ"RA skin'! - C.o—p(;sae. Mcnoror►n!�5 Service, 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 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Pc<di 11� �i f'�-s�scxaa�e,sF �. FOR As_Ne d- Wake, Com f liorics- Mangy"►-'oY1 4e 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 Pb,,k UA � Nssocd,.j c , L L,, a Cali-Fw iim q",Zrozh o►� hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to ;roJ d e, as reed e w e, c�r..Ql w�rsL w+�niiw�vw Sear Y c e s ; 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 as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Po-tvmao,- Pnditt,-k who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcs mayor 1 of 11 12/07 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 on o.o�(�e yt)� 20_jo (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than -tinvee !jec.� F4 - �ll�: from the Commencement Date. � f 0,5°v W� The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 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 "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed dlne.H v Artdl Tw¢.yv, -. i.4e-M-,,,, ,Dollars ($ 12 9 i 000.oc" ), 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake agree/surfnet/professional svcs mayor 2 of 11 12/07 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 "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to 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 (or alleged 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 agree/surfnet/professional svcs mayor 3 of 11 12/07 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/surfnet/professional Svcs mayor 4 of 1 I 12/07 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 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. 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. agree/surfnedprofessional Svcs mayor 5 of 11 12/07 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. agree/surfnet/professional svcs mayor 6 of 11 12/07 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: TO CONSULTANT: City of Huntington Beach _ P�sca!e! .S . Sv c_• ATTN: C,e,�G G��.4�lvrvi�-G^ i E. Ci±4 p 1 r►�e 2000 Main Street S �-�. PCM\Ai CA 9 2--10 5 Huntington Beach, CA 92648 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. agree/surfnet/professional svcs mayor 7 of 11 12/07 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be agree/surfnet/professional sves mayor 8 of 11 12/07 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. 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. agree/surfnet/professional svcs mayor 9 of 11 12/07 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSIJLTAN'I''s initials_ Ui 28. 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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof agree/surfnedprofessional svcs mayor 10 of 11 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a FoU 11 m � As,so6c,+.5 Trc. municipal corporation of the State of COMPANY NAME California Maycrf By: print name �� USiy-Clerk bh3 ITS: (circle one)Chairma residen ice President INITIATED AND APPROVED: AND By: v-b k c, l-jov►&S Director/Chief print name p. ITS: (circle one)CCSecretarykhief Financial Officer/Asst. Secretary-Treasur —.17 REVI APPROVED: Cly Administrator APPROVED AS TO FORM: r City Attorney agree/surfnet/professional svcs mayor 11 of 11 12/07 EXHIBIT "A" A. STATEMENT OF WORK: I To prov%de qu.aUfleol persovwweL to perform paves-gacov►, wage com?Uamt avwd Labor covupUawce ow cap�taL ivup rove vuevvtprojects B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 2 Provl,de o[LLRU feecl sta f f 2 peUver wage covupL%avxce reports C. CITY'S DUTIES AND RESPONSIBILITIES: 3 To prov'de pl.avws av60( spec�ficRtLovxs for each assLgwed project. D. WORK PROGRAM/PROJECT SCHEDULE: i To be detewu.*wed at t%vu.e of project ass%gvx n&ev►,t EXHIBIT A EXHIBIT "B" 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. 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 Exhibit "A" 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. Exhibit B ELECTION OF OFFICERS The chairperson then announced tliat'the next item of.biisiness was.the election of officers Upon motion,'the"follow.in :0ersons were unanimously'electfrd to the'followmg.offices,at the annual saiaries;'if any as deterrrtinod`at the meeting;shown n.to:the right of their names: President:PatriciaPadilla Secretary. Patricia.Padilla Treasurer: Patricia Padilla . ' Each officer who,was:present accepted his or her office Thereafter,the President presided at the meetirigas chairperson,.and, the Secretary;acted as secretary CORPORATESEAL The secretarypresented to.the meetfn.g for"adopti'a proposed form of:seal of the corporation Upon motion:d4ly�madc4Ad seconded-it was RESOLVED;that the:form'of'the corporate seal presented to_this meeting be;arid hereby 'is adopted as the corporate seat of this;corpora 'tion 'arid the secretary::of this corporation is directed.to place an impression thereof in -the space directly,next to this,resoYution. STOCK CERTIFICATE The.secretary then presented-to the meeting for.adoption,a:.proposed fortn of stock certificate for the dorporation' on motion.dulymade and seconded,it vvas RESOLVED,that'the•fortn of stock certificate presented to th' .,meet be and hereby is adopted for use by this.corporation,:and the`seeretary of this corporation is directed'to.*annex a . copy thereof.to the minutes of this meeting. AC®A'D CERTIFICATE OF LIABILITY INSURANCE OP ID TH DATE(MM/DD/YYYY) PADIL-1 05 27 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fullerton Insurance Service HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1150 E Orangethorpe Ave,#101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Placentia CA 92870 Phone: 714-577-5800 Fax: 714-577-5888 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Travelers Indemnity Insurance 25658 INSURER B. A+XV Padilla & Associates, Inc. INSURER Capital Insurance Group Patricia K. Padilla, President p 13544 183 E. City Place Dr. INSURER D A IX Santa Ana CA 92705 INSURER E 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 IN5K DDT LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE MM/DD/YY DATE MM/DDIYY GENERAL LIABILITY EACH OCCURRENCE s2000000 A X COMMERCIAL GENERAL LIABILITY 6805986L954-09 08/17/09 08/17/10 PREMISES(Eaoccurence) s300000 CLAIMS MADE 1XI OCCUR MED EXP(Any one person) $5000 PERSONAL&ADV INJURY s 2000000 GENERALAGGREGATE $ 4000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG s4000000 X I POLICY D JERa LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT g INCLUDED ANY AUTO (Ea accident) ALL OWNED AUTOS y BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIREDAUTOS 6805986L954-09 08/17/09 08/17/10 BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ y� (((��� T) m $ DEDUCTIBLE AP �,VED ArT F $ RETENTION $ T pp 7�,{ yU, �u $ WORKERS COMPENSATION AND IFE&\WG lip CI ry,}•}tO e lX-l/ TORY LIMITATIS ER EMPLOYERS'LIABILITY v y/I I E L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYE' $ if yes,describe under SPECIAL PROVISIONS below E L.DISEASE-POLICY LIMIT $ OTHER B Professional Liab SGO0776002 11/15/09 11/15/10 Aggre 1000000 Ea Claim 1000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 Days notice of cancellation for non-payment of premium. Verification of Insurance Coverage for the above named inured. CERTIFICATE HOLDER CANCELLATION CI THUNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Eric R Charlonne 2000 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Huntington Beach CA 92648 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Leslie A. McCarthy ACORD 25(2001/08) ©ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) ACaRD CERTIFICATE OF LIABILITY INSURANCE OPID TH DATE(MM/DDNWY) PADIL-1 05 27 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fullerton Insurance Service HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1150 E Orangethorpe Ave,#101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Placentia CA 92870 Phone: 714-577-5800 Fax:714-577-5888 INSURERS AFFORDING COVERAGE NAIC# INSURED .. INSURERA: Travelers Indemnity Insurance 25658 INSURER B:.^ A+XV - Padilla & Associates, Inc. Patricia K. Padilla, President INSURERC: Capital Insurance Grou 13544 183 E. CitV Place Dr. INSURERD: A IX Santa Ana CA 92705 INSURER E: 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. LTR NS TYPE OF INSURANCE DATE MM/D DATE MID POLICY NUMBER P CY EFFE VE P LILY XPIRA ON LIMITS GENERAL LIABILITY EACH OCCURRENCE $2000000 A X COMMERCIAL GENERAL LIABILITY 6805986L954-09 08/17/09 08/17/10 PREMISES(Ea occurence) $ 300000 CLAIMS MADE FX]OCCUR - MED EXP(Any one person) $ 5000 PERSONAL&ADVINJURY $2000000 GENERAL AGGREGATE $ 4000000 GEN'L AGGREGATE LIMIT APPLIES PER. ... PRODUCTS-COMP/OP AGG $4000000 X I POLICY 7 PRO-JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ INCLUDED ANY AUTO � (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS - (Per person) $ - A X HIRED AUTOS 6805986L954-09 08/17/09 08/17/10 BODILY INJURY $ X NON-OWNED AUTOS - - (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY - AUTO ONLY-EA ACCIDENT $ . ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE - $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE --- OFFICER.'"dI EMBER.EXCLUDED^ E.L.DISEASE-EA EMPLOYE $ If yes,describe under _ SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER B Professional Liab SGO0776002 11/15/09 11/15/10 Aggre 1000000 Ea Claim 1000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 Days notice of cancellation for non-payment of premium. Verification of Insurance Coverage for the above named inured. CERTIFICATE HOLDER CANCELLATION CITHUNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Eric R Charlonne IMPOSE NO OBLI TION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 2000 Main Street Huntington Beach CA 92648 RfPRE ENT ves.% AUTH RIZE S A E / V Les 'e Mc ar h ACORD 25(2001108) ©ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 'If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAHV'IER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) Jim here is a list of companies for the labor compliance RFP 1. Padilla &Associates, Inc Miguel Cabral 183 E. City Place Drive Santa Ana, CA 92705 (714) 577-5340 mcabral(a)padillainc.com 2. Venture Compliance Services, LLC Brian Grace 20 Pacifica, Suite 960 Irvine, CA 92618 (949)486-3494 bgrace(a)sccllc.org 3. The Solis Group Terry Solis 234 North El Molino Avenue, Suite 202 Pasadena, CA 91101 (626)685-6989 tsg(a-)thesolisgroup.com 4. Team Labor Compliance Dusteen Ferguson- LCO 1131 Coronet Drive Riverside, CA 92506 Phone: 951 776 0103 Teamlaborcomplianceemsn.com 5. APA Engineering, Inc. Ali Pakzad 23282 Mill Creek Drive, Suite 160 Laguna Hills, CA 92653 apakzad(o-)apaeng.com 6. Comprehensive Housing Services, Inc. Gayle Bloomingdale 8840 Warner Avenue, Suite 203 Fountain Valley, CA 92708 Gayleb(a)comphouse.net 7. Amerinational Community Services, Inc. Michelle Gylton 8121 East Florence Ave. Downey, CA 90240 mgylten@amerinational.net 8. Civil Source 500 Wald Irvine, CA 92618 Attn: Amy Amirani (949)585-0477 aamirani(o)civil-source.com S . CITY OF HUNTINGTON BEACH Professional Service Approval Form ' PART II Date: 5/5/2010 Project Manager: David Verone Requested by Name if different from Project Manager: same Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant:,Pad ilia & Associates, Inc. 2) Contract Number: PWK 010 025 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 125,000.00 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. f� Director of Finance (or designee) Signature Date City ®f Hunti,ngton Beach 2000 Main Street • Huntington Beach, CA 92648 ® OFFICE OF THE CITY CLERIC ® J®AN L. FLYNN CITY CLERIC June 23, 2010 Padilla & Associates, Inc. 183 E. City Place Drive Santa Ana, CA 92705 To Whom it May Concern: Enclosed for your records is a fully executed duplicate original of the Professional Services Contract between the City of Huntington Beach, and Padilla & Associates, Inc. for As- Needed Professional Wage Compliance Monitoring Services. Sincerely, le JU ?oa*nL.'Flynn, CIVIC City Clerk JF:pe Enclosure G:fo))owup:agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand (Telephone:714-536-5227)