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HomeMy WebLinkAboutRaftelis Financial Consultants - 2013-03-20 CONTRACTS SUBMITTAL TO - _ --- - -.__- CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Raftelis Financial Consultants Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Reserve Policy Analysis Amount of Contract: $24,320 Copy of contract distributed to: The original insurance c tificate/waiver distributed Initiating Dept. ❑ to Risk Management, Pr Finance Dept. ORIGINAL bonds sent to Treasurer ❑ Date. _ Name/Extensi n City Attorney's Office r1 Uj �c Qom.. oz / /,0�� W F—UZ r Z3 i N G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RAFTELIS FINANCIAL CONSULTANTS,INC. FOR RESERVE POLICY ANALYSIS 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 RAFTELIS FINANCIAL CONSULTANTS, INC., a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide technical analysis on water reserve and wastewater reserve policy survey and financial model; 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 Sanjay Guar 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. agree/surfnet/professional svcs to$49 10/12 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on Vftrlll--fikk 170 , 20 ['�?_ (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 3 years from the Commencement Date. 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 twenty four thosand three hundred and twenty Dollars ($24,320.00). 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 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. agree/surfnet/professional svcs to$49 10/12 2 of 11 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 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/sw fnet/professional sves to$49 10/12 3 of 11 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 affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT agree/surfnet/professionat svcs to$49 10/12 4 of I I 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. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all agree/surfnet/professional svcs to$49 10/12 5 of 11 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/swfnet/professional svcs to$49 10/12 6 of 11 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 Raftelis Financial Consultants, Inc. ATTN: Ken Dills ATTN: Sanjay Guar 2000 Main Street 201 s. Lake Ave., Ste. 301 Huntington Beach, CA 92648 Pasadena, CA 91101 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/swfnet/professional svcs to$49 10/12 7 of 11 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 agree/surfnet/professional sves to$49 10/12 8 of I I 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. 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 to$49 10/12 9 of 1 I 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. 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/surfnet/professional svcs to$49 10/12 10 of 11 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Raftelis Financial Consultants, Inc. California COMPANY NAME ublic Works Director/Chief BY: (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/Presiden ice President APPROVED AS TO FORM: AND B ��7L'at Ci Attorney Y• I)LO.lrt C A (d A Date J ' print name ITS: (circle one)Secretary hief Financial Officer sst. Secretary—Treasurer agree/surfttet/professional svcs to$49 10/12 11 of 11 201 S.Lake Avenue Phone 626.583.1894 www.rafteRscom Suite 301 Fax 626.S83.1411 fft Pasadena,CA91101 RAFTELIS FINANCIAL CONSULTANTS.INC. Scope of Services Task 1—Water Reserve Policy TASK 1.1—RESERVE POLICY SURVEY RFC will conduct a survey of the reserve policies for the water systems of other Cities and Special Districts.Five agencies will be surveyed based on factors such as size and proximity relative to the City. TASK 1.2—ASSET LIST COMPARISON FOR WATER RESERVE LEVEL Based on the list of assets for the water system, RFC will develop a reserve indicator that states the reserve level as a percentage of the replacement cost. RFC will determine the replacement cost based on the original cost and the year of installment. TASK 1.3—WATER RESERVE POLICY COUNCIL MEETING RFC will attend a City Council meeting to present the results for the recommended reserve levels for the Water Enterprise Fund. Meetings/Workshops:One(1)City Council meeting Deliverables: Presentation material Task 2—Wastewater Reserve Policy Survey&Financial Model TASK 2.1—DEVELOP FINANCIAL MODEL FOR WASTEWATER RFC will conduct a survey of the reserve policies for the wastewater systems of other Cities and Special Districts.Five agencies will be surveyed based on factors such as size and proximity relative to the City. TASK 2.2—ASSET LIST COMPARISON FOR WASTEWATER As with the asset list comparison for the water system detailed in Task 1.2, RFC will compare the replacement cost of assets for the wastewater system to the proposed reserve policy. TASK 2.3—WASTEWATER FINANCIAL MODEL AND RESERVE POLICY COUNCIL MEETING RFC will develop a financial model for the Wastewater Enterprise.As with the financial model for the water system (completed), RFC will work with City staff to gather and review data and assumption inputs for the financial model. The financial model will Incorporate O&M and CIP expenditure and determine the required revenues over a 10-year period to meet the proposed reserve policies. Meetings/Workshops:One(1)City Council meeting to present results,up to two(2) meetings with City staff to gather input for the City Council meeting Deliverable: Presentation material,Wastewater Financial Model Page 1 Scope mf Service for Reserve Policy Analysis City of Huntington Beoch Janmary2,2013 Project Fmmo RFC will complete the above scope of services for anot-to' xceedmmountof$24,32D(auohmmnInthe ta6|ebe|mm). RFC will Invoice the City monthly based on time and materials. City of HuntingtonBeach Proposed Hours and Fees 1.2 Asset List Comparison For Water Reserve Level 2 12 14 $ 2,410 2.2 Asset List Comparison For Wastewater 2 12 14 $ 2,410 2.3 Wastewater Financial Model and Reserve Policy Council Meethw 3 1 20 18 38 $ 7,0601 Leand: Total Professional Fees $2Z450 We are delighted to have this opportunity to provide assistance to the City.If you agree with the proposed fees and expenses documented in this letter,please have a designated representative of the City sign in the space on the following page and return one copy for our files.Please call me at(213) 327-4405if you have any questions. Sincerely yours, RAFTEUS FINANCIAL CONSULTANTS,INC. Sanjay Gmur ! Senior Manager � Page EXHIBIT "B" Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: see attached B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been 1 Exhibit B brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. 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. 2 Exhibit B 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;and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in 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 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RAFTELIS FINANCIAL CONSULTANTS, INC. FOR RESERVE POLICY ANALYSIS 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......................................................................................... 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.................................................................................I I A�Rom® CERTIFICATE OF LIABILITY INSURANCE 1/25/20113 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is-an-ADDITIONAL INSURED,the policy(ies) must be endorsed. 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). PRODUCER CONTACT Pamela Morton NAME: Bear Insurance Service PHONE (]O4)9B2-1156 FA(AlC No:(704)982-7012 173 North Second Street goDRLESS:pmorton@bearinsurance.com INSURERS AFFORDING COVERAGE NAIC# Albemarle NC 28001 INSURERA:Cincinnati Insurance Companies INSURED -INSURER B:Phi lade l hia Indemnity Ins. Co. Raftelis Financial Consultants, Inc. INSURERC: 1031 S Caldwell St INSURERD: Suite 100 INSURERE: Charlotte NC 28203 INSURERF: COVERAGES CERTIFICATE NUMBER2013-CA/FL REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD MM/DD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 —DA—MAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 1,000,000 A CLAIMS-MADE OCCUR X; Y 5124411 /21/2013 /21/2014 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 ,•. , ._)4��'``�J' "�)�`` .+=+a`�.: GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER e J G�'\„_.. G PRODUCTS-COMP/OPAGG $ 2,000,000 PRO- $ X POLICY JFCT LOCrr- AUTOMOBILE LIABILITY V P L !(� :1.yr COMBINED SINGLE LIMIT G�i� 1 Ea accident $ 1,000,000 A Ix ANY AUTO BODILY INJURY(Perperson) $ ALL OWNED SCHEDULED X Y 5124411 /21/2013 1/21/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED I I RETENTION$ X CAP5124411 /21/2013 1/21/2014 $ A WORKERS COMPENSATION y X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1 000,000 OFFICER/MEMBER�,EXCLUDED? N/A C1921777-01 /21/2013 1/21/2014 (Mandatory inNH)' E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Professional Liability PHSD692466 /21/2013 1/21/2014 $2,000,000 Claim Made Policy DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City, its officers, elected or appointed officials, employees agents, and volunteers are Additional Insureds as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor.The coverage shall contain no special limitations on the scope of protection afforded to the City. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE 0I�� Pamela Morton/APRILj � ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 rgmnn i m The Al'f1Rr1 name nnel Innn mre renictererl mnrlr¢of A(f)Rr1 T MIS E;�F�`v�RiE tMN CTHAI GES THE r Oss ICY'. a LEASE R'F—:D 1 i CARE LILL ti. CONTRA T OR AGREEMENT W-1T YOU This cnd»rscmcn,modifies itissur-a7nce provid-A tuider the follot,iuQ: •1L.`}AIi�J.3Sf}} kk.L Y.'%!..LS.iL:�YC�J_:aL ?;UWNESSD N-NERS Pr'iCl;:.t GE POLICY.IB 1101,i_.ani-and d as rcllo-,:s: I. SECTION U—BU'S1rNTSS LLiBILI'I'Y,C.- as an insured under this eadorscrncnt ends WHO IS AN INSURED,2.is amended to add vhca your operations for that insured art file rclfio`fi't^o: ��'n;Iiiitiv.. - e. Any person or orgaei.ation Il. SAC 1'±tilti II—BLi5I3E3S LL Zt#iLI1},�.Ltab'ci€t� horeinaiier referred ru as ape;Medical Expenses General Condidons,is ADDIT10NTAL 14iSU12ED: arnonded to add the follo-wind: 6. Anterl:atic Arldi#io;mal la;zurej proci;lan ada]titlrts,tl5ifi:tl u :ter ary The 41Tit12?Ori' 31 il[i idCi is TCi i7 8uI n2tlgi rproviiion Ott:fir be cu tlitS'i3 aiTec't 4r'taC!rne,efrec,,ive „7•ct_ct::'?t__ 8u.. :11:;: r^cf pis Pete,.The contract or SECTION II-DTUSPi ES5 a--e-e-ment also trust be e eeuted prior to tll: LI_iEMITY of this tpoi:ey: "L-odit injury"."prc-prry damage "prrsanal and - endorscrnenl nrrtaia.- (2) Forwhoin you are required w rill',.a:;an addiri a--! 7. CoLuforip-:€rice to Speeirm,Written-Contract insuivd on SECTIO 11- or Agreement F3L'SPtiES:S LIsiRII IT.:'of +1i51101.LC; ?f a iitir:CC.I,ir ictC.r a are 2r1'a t b2t7'-- cmn:OV a:s. i3e Fu iiicrr+u iaaur'td speciil- di t under covsrage for:lie additional insured: (1), r,T,ri ttn E ir_+tl i i CA 11. i t f+tisk itic-d Liz, We L souaace Services agreem`cut;or Office additional insur:d form number CG 20 10 or CC 30 37(\>hei--edition (T. An nr;:l+:,rreemen:or cnrriii�.d'tt nr C:fllira._T vj'h.�ra a certitic-lie of insurance showing that b. Include coverage for completed p-argon or organization as a additional insured has been issued: e. Include coverage for`your work:''; _, c7c C r- :d'�i1 ariSin'�ou,9 ``:our-.vcz- the addi!ional insured i5iRi4T2 i25L=iiti.i:C.hat] ger£urr.ed for tltyta lditioas! nos spaci^call;'r;. ui=!in Lba:R37Tmn red h 'c.'j Cr in vcnu Lehah'. ccn�act or;gic:_r_teat �;e terms of r.Mgr gr; A person s+r Il_TV.t.(l)1b)Paulior IV.L(y),or ani' cat binai:r,....a'�4•.....:zu t'.'-•isf:3 i_-1 F7C oni 7N..t:list?'>itt:`7,:.5 I;rt> idinz dw Ifif::t5 iA ill:;Period 01 trine:r:-:tluircd 0-•'ri}.: fail\'s:a hutted b)-iilc wrens of Li-w'h1 iaea wr ucla co ttrau or a, --en:n:,but contract or agreernen-L.but only to the extent bayond the_--`:P-4U6C'a 0hat such it.:='_S Cr L,..= Yc'iz; dwz:of ttl'ii t'triic\',ti intro is no the terrm-;Lt.the llotiv- to k"i11Cr'u_2F OF is na i:'Cl zd,It-.i1....C,'-r_:hµ _ if no period of time jregi;ired by aT tren contract or uercment specifies the the t3-rii;cn contract or agroc ritrlt. Insurance Scn-iccs Orrice additional it ured a p rson or orgy-m2'.a wm-s sLatus form numbc—,r C'G 20 ill but does not specify include:copyriyI teCi tnawrlul orlttturance 1A 49M;1 87 A Set-vicec Office,inc-.,\.'iih irs F-rmicsioo. Page 1 of 2 iL)prepare or appinve maps. !'-,a(does not MI. J jILa7 I LI, K" 2), S Up I LfabJitv and Medical rXpeaSLS T L_M. of Its aF,-L,iLec[Ural Or engim:cring iw dtiu ih:. i oiivv,.-u�: i1clivit57:ti: 6. Tile t L ni: con�uLi Li K or ne ac'; c'Ia� LS U 1,11,Lic UA specif-we,in tbz. .vriTrcn con-imcl or dei-n fiimished by,the .11-Ileernent or in ilc:Declamations of additional insured or izs this vos'icv.ldlichcvernrc 1-ass.I fro CQ,',tMC'0'-,ZF::crnCnL 01- is Nvritren contract kir agrccma-aL the .1,71 S;)I oil I Of"y C--'I T wank"ipell.1 qcd ill limits applica-bic to the additional the"products-cornplotted operations insured are cho.w'zp=i&:d in tj= hivard-. Url'!,S -vl-�-or-:nror"Br!N diarl-'22'-:: r s i; c,r i:-):i r rtr 'fir„°inch a Proy-1111 teas b�cn nnyidoci by the IL-TION''—(I-BUSINESS Ll,-�DILIITY' ExclLsions,1.-ApplicaHc to Business pr-f;cci in--nagzr or or ZhQ cc:llstructior:L"7-07ec! ill v. Th insurance Prc-vidLd to tblz _V. SircTI07N HI-c()--NBI0N POLICY H. b,:r 2 add;LiOrMl irsured doars raft anon O� Lh zd m�Lhsc 1,6110r,inz. tar ha ptjrm_zcs t. SECTION 11-BL'SLNESS L�ILITY is a io include. wn,--n co.nnracz or ag re is primary .C111,fl,j,,iasur:wc, ILI L 1'.4�'ri-a ar Li!Urz lo rc,-uL-r. rsr 41-t— ­4 If-,:he -3— i4ditional :nwrcd and such wher - ' I , -11 cess on,rasurance pal;c v sb- -be r Q'lWL[ICCMIIZ Of sw-veying noncoaribatinfi,vvIiichavex applies,--with ,i:--I:Cos!iau c� dini:The:)r-cparina approving or Failing ni;*--vial oflLsurancL LA 450,11 STA Services 6fp--,CC,inc.,"'viih its Pomnission. 1,2cr-2 of 2