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HomeMy WebLinkAboutRichard Brady & Associates - 2004-02-02 CITY OF HUNTINGTO - tH C'NB MEETING DATE: February 2, 2004 DEPARTMENT ID NUMBER: PW 04-011 Council/Agency Meeting Held: Deferred/Continued to: YApproved ❑ Conditionally Approved ❑ Denied Cit er -gnature Council Meeting Date: February 2, 2004 Departmen ID Number: PWR64-0:E1 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL - SUBMITTED BY: RAY SILVER, City Administrator p� R� PREPARED BYVOBERT F. BEARDSLEY, Director of Public Works J� SUBJECT: Approve General Civil On-Call Professional Services Agreement Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: The Public Works Department requires General Civil Engineering services on an as-needed basis. Contracts for the City's current consultants have recently expired and new contracts are required to continue those services. Funding Source: Funds are available within budgeted capital improvement projects. Recommended Action: Motion to: Approve and authorize the Mayor and City Cleric to execute Professional Services Contracts with AKM Consultants, Harris and Associates, Richard Brady and Associates, and Willdan. Alternative_ Action(s): Do not authorize agreements and direct staff to request proposals from other engineering firms to complete current projects. This action would result in additional unbudgeted expenditures for additional design costs. Projects could be delayed a minimum of one year. Grant funding could be jeopardized. 4L-30 �j� S� i,- LE O 7 6 — (C� /C� =:Z- / 9 o �L/ - r60o, /0 LcJ_L — 1,�iLLJJfI�J�- �ssd G:IR C A12004104-011 Feb 2 Broussard Gen-Civil On Call .doc 1114/2004 10:41 AM REQUEST FOR ACTION MEETING DATE: February 2, 2004 DEPARTMENT ID NUMBER: PW 04-011 Analysis: In 2003, the City entered into contracts with four firms to provide on-call professional engineering services. These contracts have recently expired and the new contract process requires City Council action to extend the contracts to complete existing projects as well as permit staff to authorize additional services. The original contracts were written to include annual extensions as agreed to by the City. The proposed new contracts allow for a five-year contract term with a total budget not to exceed $1,000,000 per contract. It is to the City's benefit to retain qualified firms for capital project design and engineering. Project assignments are rotated among the consultants, taking advantage of their various specializations. The alternative to on-call design is the preparation of documents and requesting proposals for individual projects. With over 50 budgeted projects to complete over the next two years; the on-call process provides significant savings in staff hours. Public Works Commission Action: Not required. Environmental Status: Not applicable Attachment(s): City Clerk's Page NumberDescription Professional Services Contract with AKM Consultants 2 Professional Services Contract with Harris and Associates 3 Professional Services Contract with Richard Brady and Associates 4 Professional Services Contract with Willdan RCA Author: T. Broussard G:1R C N-2004104-011 Feb 2 Broussard (Gen.Civil On Call).doc 1/14/2004 9:56 AM 0, ATTACHMENT #3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET _ -CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: iz —o TO: 4RJR Y SSC) ATTENTION: Aeexb N e csr - n? eb DEPARTMENT: Street S'weet \ REGARDING: City,state,Zip See Attached Action Agenda Item 2E�cl% Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Ls �` Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement Bonds Insurance ✓ RCA Deed Other CC: L�ew_-,�SLY Name attment RCA Agreement Ins Other N ent RCA Agreement Insurattcly Outer !r1 �, ✓ Name T anrnent RCA A eernert Insurance Other Name Department RCA Agxerrent Insurance Other Name Department RCA Insurance i Telephone: 7 1 4-536-5 2271 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RICHARD BRADY & ASSOCIATES FOR AS-NEEDED ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this _9!a6 day of EE 6&L6&k/ 200` , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and RICHARD BRADY & ASSOCIATES, a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as- needed engineering services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code. Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services described as individual engineering projects on an as-needed basis as directed by CITY. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT will perform all engineering functions as set forth in a written Scope of Work to be provided in advance of each PROJECT. 03agreelrichard hrady/12/22/03 1 • i CONSULTANT hereby designates Richard Brady 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"). This Agreement shall expire on February 1, 2009, unless sooner terminated as provided herein. All tasks shall be completed no later than five (5) years from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks are generally to be shown in individual proposals on an as-needed basis This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in the original proposal for as-needed services, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000.00). 5. EXTRA WORK In the event CITY requires additional services or changes in the scope of services, CONSULTANT will undertake such work only after receiving written 03agreehichard bradyl12122103 2 i • authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "A." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder. including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall 03agreelrichard brady/12/22iO3 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 03agree:7ichard brady/12122.103 4 • i 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. shaIl 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 03agree/riehard hrady/12/22/03 5 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. 03agree richard brady!12/22103 6 • 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 Richard Brady ATTN: Todd Broussard Richard Brady & Associates 2000 Main Street 4909 Murphy Canyon Road, Suite Huntington Beach, CA 92648 San Diego, CA 92123 ZZ,� 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. 03agreel ichard hradyl12/22/03 7 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 -,,.hole, 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 03agreelrichard bradp12/22.'03 8 s • 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 ORIGNAL 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 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, 03 agrec.'ri chard brady/12 22r03 9 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 California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 03agree/richard brady/12/22103 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above ,A.Titten. RICHARD BRADY & ASSOCIATES CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: t-t)kILrJ Qtc a.) print name ITS: (circle onej C ' ma resident' ice President Mayor ND'/j �' ATTEST: print' a e 2/j 1L itv Clerk ITS: (circle one) Secretary i�ief financial Office Asst. Secretary-Treasurer APPROVED AS TO FORM: YW 03 City ttorney - REVIEWED AND APPROVED: 1d3 VV l D APPROVED: Cit dministrator Director of Public Works 03agreeldchard bradyl12122M3 11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RICHARD BRADY & ASSOCIATES FOR AS-NEEDED ENGINEERING SERVICES Table of Contents IScope of Services.....................................................................................................I 2 City Staff Assistance................................................................................................2 r 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices..... ...................................................................................7 17 Consent ............................................................... ....................8 ................................. 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Entirety......................................................................................................................10 EXHIBIT "A" Payment Schedule (Fixed Fee Payment) CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in the written Scope of Work may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 01/14/04 ConfirmNet -> 17145365212 Pg 2/3 5/081 AWM. CERTIFICATE QF LIABILITY INSURANCE oDATE s/oe/1iD°'Y"03 PRODUCER OA99520 1-619-234-6948 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Covignac 4 Associates �C� /� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR +` 1230 Columbia Street, Suite BSo� C, ✓I/��.�py i ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego. CA 92101 Cam V INSURERS AFFORDING COVERAGE Darotby Amundson INSURED n i'"ERA:United States Fidelity8 Guarant Richard Brady a Associates, Inc.l 'PV TD is y�pCfT�1CT1J INSURER S;Zan ith insurance company 4909 *Arphy Canyon Road, 1320 !'i'It IMSURERC-Zurich American Insurance Ban Diego, CA 93123 INSIIRER D- I INSURER E- COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT,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 TERIAS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN.MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNBR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A '(KNERALLIA"ITY Bx01365305 05/12/03 05/13/04 EACH OCCURRENCE S 1,000.000 X -COMMERCIAL GENERAL LANIL.TY i F HE DAMAGE(My ono feel S 11000,000 CLAIMSt.__ -C MS MADE 1 OCCUR MED EXP(Any we pmton) $10,000 X -Broad Form PERSONAL d ADV AUURY :$1,000,000 x !Blanket Contractual GENERAL AGGREGATE 52,000,000 GENT AGGREGATE L-MIT APPLIES PER:' PRODUCTS-COMp/OP AGO I S 3,000,000 POLICY x i PRO- LOC ' !► AUTOM082ALLAa1LITT SK01365305 OS/12/03 05/12/04 'coMawFnsNCLELIMIT 51,000,000 ANY AUTO T- (Ee acridant) ALL OWNED AUTOS �►PP OVL`,D AI;G T BODILY INJURY S SCHEDULEDAUTDS TO�O (PMpeA-) x HIRED AUTOS r BODILY INJURY S x NON-OWNED AUTOS 11�Jsl^IFER CA } � (POI ecridon) X No Cacpany Owned Autos �1�'City Orngy PROPERTY DAMAGE I IPM acadmt) E: GARAGE L.IABe.1TY AUTO ONLY•EA ACCIDENT I S ANY ALFfO OTHER THAN EAACC S I } AUTO ONLY: AOG $ EXCESS LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MACE AGGREGATE $ i $ DEDUCTSUS I s RETENTION S I S B WORKERICOMPENSATIONAND 7085 ZD4957604 IR 04/03/03 04/03/04 I x WCS7ATU- OTH-I EMPLDYERI'LIABLIfY I E.L.EACH ACC CENT '$1.000,000 E.L.DISEASE.EA EMPLOYEE S 1,000,000 - E L DISEASE-POLICY LIMIT S 1,000,000 OTHER C .Professional Liability 1900598211100 OS/12/03 05/12/04 Each Claim 21000,000 Aggregate 51000,000 DESCRIPTION OF OPERATIDWWLOCAT1ON31VEINCLESMIECLUSIONS ADDED BYENDORS_EMENTISPECNL PROVISIONS *Professional Liability - Claims Made Perm, Aggregate Limit Policy. Defense Costs Included within Limit of Liability. Rat Overmyer Reeavoire Rehabilitation Design. The City, its agents, officers, and employees and the Radavdlopnent Agenc of the City of Huntington Beach are Additional Insured as reapecta to General Liability per attached. e10 days 90C for non-payment of premium. CERTIFICATE HOLDER Y 1 ADDLTIGNALINsuRED:NSURERLETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DEUMBED POLICIES BE CANCELLED BEFORE THE EXPIRAT*N City of Huntington Beach DATE THEREOF,THE laallslp INSURER WLL EMW&X=N5MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAIEO TO THE LEFT,dU0W i1iK7WIX1VbO SMALL Deborah De Bow or Christi Mendoza x10Y 2000 Main Street x impxxxxxxxxxxxxxxxxxxxxxXnncxXocxxxxxxxxxxxXXXxx Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE USArr ACORD 25•S(7197) Katherine GACORD CORPORATION 1980 1000195 01/14/04 ConfirmNet —> 17145365212 Pg 3/3 Named Insured: Richard Brady r, A.@ociates, lna. Policy Number: BKo116530s Owners, Lessees Or Contractors(Form C) ADDITIONAL INSURED ElYe&e: csilzinl THIS ENDORSEMENY CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This andorsement modifies insurance provided under the following; UABI LITY COVERAGE PART. Schedule Name of Person or Organization: The City, its agents, officer@, and employees and the R.adevelopmaat agency of the City of Huntington Beach RBi Overmyer Reservoirs Rehabilitation Design 1. SECTION II •WHO IS AN INSURED is amended to include as valid and collectible"other insurance" is provided by an insured the person or organization shown in the a person or organization who is not shown in the Schedule, but only with respect to liablllty arlsing out of schedule. Then we will share with that valid and "your work"for that insured by or for you. collectible'other insurance"5y the method described below. 2. With respect to 1.above the following additional provision applies: If all of the valid and collectible "other insurance" permits contribution by equal shares, we will follow SECTION IV.5.Other insurance 4 replaced by the this method also. Under this approach, eacl insurer following: contributes equal amounts until it has paid its 5. Other Insurance. applicable limit of insurance or none of the loss remains,whichever comes first. The insurance afforded by this Coverage Part .is if any of the valid and collectible "other insurance" primary insurance and we will not seek contribution does not it contribution from any valid and collectible "other insurance" P by equal shares, we will available to the insured unless the contribute by limits. Under the method, each Insurers share is based on the ratio of its applicable limit of insurance to the total applicable :imits of Insurance of all insurers_ CURF 22 IS 69 99 Inciutlsseopyq!ad metedd or Insumnos o Sends Offlca.Inc.,wifi h permission. Papa 1 of r CW9becL�nsumnw Services Olfix M,'984 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Approve General Civil On-Call Professional Services Agreements COUNCIL MEETING DATE: Februm 2, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Sign e d in full by the City Attome Attached Subleases, Third Party Agreements, etc. (A pproved as to form by qitZ Attome Not Applicable Certificates of Insurance (Approved bZ the City Attomey) Attached Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not App licable Staff Report if applicable) Not Applicable Commission, Board or Committee Report if applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff Assistant City Administrator Initial a City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (Belowp. Only) RSA Author T. Broussard x 5247