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HomeMy WebLinkAboutSaiful Bouquet, Inc. - 2006-05-01 44 CONTRACTS SUBMITTAL TO ea CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Saiful/Bouquet Structural Engineering, Inc. (Amendment No. 1) Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Seismic Upgrade of the Civic Center Amount of Contract: N/A Copy of contract distributed to: The original insurance certificate/Waiver distributed El Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: Name/Exte sion City Attorney's Office -7/7 /07 G:AttyN isc/Contract Forms/City Clerk Transmittal AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SAIFULBOUQUET STRUCTURAL ENGINEERING, INC. FOR SEISMIC ENGINEERING SERVICES FOR SEISMIC UPGRADE OF THE CIVIC CENTER THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City", and SAIFULBOUQUET STRUCTURAL ENGINEERING, INC., a California corporation, hereinafter referred to as"Consultant." WHEREAS, City and Consultant are parties to that certain agreement dated May 1, 2006, entitled "Professional Services Contract Between the City of Huntington Beach and Saiful/Bouquet Structural Engineering, Inc. for Seismic Engineering Services for Seismic Upgrade of the Civic Center" which agreement shall hereinafter be referred to as the "Original Agreement," and Since its execution, City and Consultant wish to amend the Original Agreement to extend the term thereof by one(1) year. NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENDED TERM, TIME OF PERFORMANCE Paragraph 3 of the Original Agreement is amended to read as follows: Time is of the essence of this Agreement. The services of CONSULTANT commenced on May 1, 2006 (the "Commencement, Date"). This Agreement shall automatically terminate on May 1, 2010, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than May 1, 2010. The time for performance of the tasks identified in Exhibit "A" are 09-2104/35183 1 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. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on�jj 2007q . SAIFULBOUQUET STRUCTURAL CITY OF HUNTINGTON BEACH, ENGINEERING, INC. a municipal corporation of the State of California By: ar` ✓D S� 1 GU L S Lam►" I Director of Building & Safety print name ITS: (circle one Chairm, siden ice President AND APPROVED AS TO FORM: By. 'City Attorney My (-- pAnt name ITS: (circle one)Secretary/ hief Financial Officer/ sst. ✓' Secretary—Treasurer 09-2104/35183 .2 A CORDrM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYY) 6 2 2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Pasadena CA 91101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURERA:Travelers Prolperty Casualty Co of Ameri Saiful/Bouquet Structural Engineers Inc INSURER B:Travelers Indemnity Co. of Connecticut 385 E. Colorado Blvd. , ##200 INSURER C:Amerrican Automobile Ins. Co. Pasadena CA 91101 INSURERD:ACE American Insurance Company INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR DATE JMM/DDNYI LIMITS A GENERAL LIABILITY 6802889L651 7/31/2008 7/31/2009 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1 0 0 0 000 CLAIMS MADE 1i]OCCUR MED EXP(Any one person) $10 0 0 0 PERSONAL&ADV INJURY $1 0 0 0 000 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 0 00, 000 POLICY X PRO- LOC B AUTOMOBILE LIABILITY BA4592L365 7/31/2008 7/31/2009 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1, 000, 000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS Al' WEIR DAB (Per person) X HIRED AUTOS �Lvl BODILY INJURY X NON-OWNED AUTOS (Per accident) $ J E McGTO H, Attorn y�17 /� PROPERTY DAMAGE $ ri (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY CUP6805Y907 7/31/2008 7/31/2009 EACH OCCURRENCE $3 000 000 X OCCUR CLAIMS MADE AGGREGATE $3 0 0 0 0 0 0 DEDUCTIBLE $ X RETENTION $0 $ TH- C WORKERS COMPENSATION AND WZP80962788 7/28/2008 7/28/2009 X WOY RSLIMT ATIOER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1 000,000 E.L.DISEASE-EA EMPLOYEE $1 0 0 0 0 0 0 E.L.DISEASE-POLICY LIMIT $1 0 0 0 0 0 0 OTHER G2165650'�)005 7/25/2008 7/25/2009 $1,000,000 per claim Professional Liability $1,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLEYEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS E: 01591 -- City of Huntin n Beach, its officers and employees are named as additional insured as respects general 1'' biity for claims ar' g from the operations of the named insured. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION10 Day Notice for Non-Paymnt of Prem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER TO City of Huntington Beach MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED Attn: Ross Cramer TO THE LEFT. 2000 Main St. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97) O ACORD CORPORATION 1988 POLICY NUMBER: 6802889L651 COMMERICAL GENERAL LIABILITY ISSUE DATE:6/2/2009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Huntington Beach Attn: Ross Cramer 2000 Main St. Huntington Beach CA 92648 PROJECT/LOCATION OF COVERED OPERATIONS: RE: 06591 -- City of Huntington Beach, its officers and employees PROVISIONS A The following is added to WHO IS AN INSURED The insurance provided to such additional (Section II): insured is limited as follows: The person or organization shown in the Sched- ule above is an additional insured on this Cover- d. This insurance does not apply to the render- age Part, but only with respect to liability for bod- ing of or failure to render any "professional ily injury", 'property damage" or 'personal injury services". caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on e. The limits of insurance afforded to the addi- your behalf: tional insured shall be the limits which you agreed in that 'contract or agreement requir- a. In the performance of your ongoing oper- ing insurance" to provide for that additional ations; insured, or the limits shown in the Declarations for this Coverage Part, b, In connection with premises owned by or whichever are less. This endorsement does rented to you;or not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111)for C. In connection with your work and included this Coverage Part. within the "products-completed operations hazard." B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL Such person or organization does not qualify as LIABILITY CONDITIONS(Section IV): an additional insured for "bodily injury", "property However, if you specifically agree in a contract or damage"or"personal injury'for which that person agreement requiring insurance that, for the addi- or organization has assumed liability in a contract tional insured shown n the Schedule, the insur- or agreement. ance provided to that additional insured under this CG D3 82 09 07 Page t ©2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc.,with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary injury" arising out of"your work" on or for the basis, or a primary and non-contributory project, or at the location, shown in the basis, this insurance is primary to other Schedule above, performed by you, or on insurance that is available to such additional your behalf, under a "contract or agreement insured which covers such additional insured requiring insurance" with that additional as a named insured, and we will not share insured. We waive these rights only where with the other insurance, provided that: you have agreed to do so as part of the "contract or agreement requiring insurance" (1) The "bodily injury" or "property damage" with that additional insured entered into by for which coverage is sought occurs; you before, and in effect when, the "bodily and injury" or "property damage" occurs, or the "personal injury" offense is committed. (2) The "personal injury" for which coverage is sought arises out of an offense D. The following definition is added to committed; DEFINITIONS (Section V): after you have entered into that "contract or "Contract or agreement requiring insurance" agreement requiring insurance" for such means that part of any contract or additional insured. But this insurance still is agreement under which you are required to excess over valid and collectible other include the person or organization shown in insurance, whether primary, excess, the Schedule as an additional insured on contingent or on any other basis, that is this Coverage Part, provided that the "bodily available to the additional insured when the injury" and "property damage" occurs, and additional insured is also an additional the "personal injury" is caused by an offense insured under any other insurance. committed: C. The following is added to Paragraph 8. a. After you have entered into that contract Transfer Of Rights Of Recovery Against or agreement; Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): b. While that part of the contract or agreement is in effect; and We waive any rights of recovery we may have against the additional insured shown in c. Before the end of the policy period. the Schedule above because of payments we make for "bodily injury", "property damage" or"personal CG D3 82 09 07 Page 2 ©2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc.,with its permission CITY OF HUNTI GT®N BEACH ° Professional Service Contracts . Purchasing Certification ffb Il,1909.P � 1. Date: 6/15/2009 2. Contract Number: BDG 3. Department: Building and Safety 4. Requested by: Jan Richards 5. Name of consultant: Saiful Bouquet 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. See expired contract 7. Amount of the contract: $58,446.23 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ❑ Yes ® No 10. Business Unit and Object Code where funds are budgeted: 81655101.69365 11. Is this contract less than $50,000? ❑ Yes ® No 12. Does this contract fall within $50,000 and $100,000? -Yes ❑ No 13. 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 contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 6� d4ACI -q1a9/;k t06 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). See previous 16. Attach proposed scope of work. See previous 17. Attach proposed payment schedule. See previous Department Head Signature RICHARD AMADRIL Central Services Manager 1. If the answer to this question is"No,"the contract will require approval from the City Council. C IV` ED Council/Agency Meeting Held:4'7,,-Z006 APR 19 AH 10: 27 Deferred/Continued to: , Approved ❑ Conditionally Approved °-;0 Denif)(' City 's natur Council Meeting Date: 5/1/2006 Department ID Number: BD2006-6 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY QOUNCIL n SUBMITTED BY: PEN L PE C LBRETH-GRAFT CITY ADMINISTRATOR PREPARED BY: ROSS CRANMER, DIRECTOR OF BUILDING & SAFETY SUBJECT: AGREEMENT WITH SAIFUL/BOUQUET FOR ENGINEERING AND ARCHITECTURAL DESIGN SERVICES FOR THE SEISMIC RETROFIT OF THE CIVIC CENTER TOWER Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: To proceed with the Seismic Retrofit of City Hall, the City needs to contract with a structural engineering firm to provide engineering and architectural services for the design of the seismic strengthening of the civic center tower. Saiful/Bouquet, Incorporated has been selected after an extensive selection process. Funding Source: Funds are available in Building & Safety Department business unit 81655101.69365 Recommended Action: Motion to: 1. "Approve the Agreement and Authorize the Mayor and City Clerk to execute the Agreement between the City of Huntington Beach and Saiful/Bouquet, Inc." 2. "Authorize the Director of Building & Safety to expend $ 618,500 for Professional Services for engineering and architectural services for the design of seismic strengthening of the civic center tower." REQUEST FOR COUNCIL ACTION MEETING DATE: 5/1/2006 DEPARTMENT ID NUMBER: BD2006-6 3. "Approve an additional $90,000 for unforeseen engineering and architectural design services. A contract amendment would be processed through the City Attorney's office in the event that additional services are required." Alternative Action(s): 1. "Deny the request and direct staff accordingly." Analysis: The selection of the engineering/architectural consulting firm is critical in establishing the seismic retrofit program to structurally strengthen the civic center tower. They will provide complete engineering and architectural design services so as to meet the life-safety performance goal in FEMA standards. A seismic retrofit project team was created comprising of the Department's Permit and Plan Check Manager and a Senior Engineer, a Principal Civil Engineer and Construction Manager from the Department of Public Works, and the City's Purchasing and Central Services Manager from the Finance Department. The team developed a Request For Qualifications specific to the project scope to attract firms whose forte/niche is seismic retrofit of structures similar to the Civic Center Tower and whose resume's include service rendered to municipal entities. Eight consulted firms responded to the RFQ as listed in Attachment 2. The project team created an assessment program that incorporated the consultant's experience, resources, caliber of personnel, references, background check, and pricing. A combined ranking was given based on the RFQ response and a subsequent presentation / interview. The result of this extensive process is Saiful/Bouquet, Incorporated [SBI] was selected. SBI is a firm that specializes in seismic retrofit of the caliber required by the Civic Center Tower. Their work has garnered Structural Engineering Excellence Merit awards. Their principals and engineers are highly regarded in the field of seismic retrofit, innovative in using cutting edge technology, and are heavily involved in code adoption in said field. They also have experience in FEMA funded seismic retrofit projects. Environmental Status: Not applicable Attachment(s): City Clerk's Page Number No. Description 1. Contract to Saiful Bouquet, Inc. 2. 1 RFQ Responses Received GABuilding Admin\RCA's, Contracts& Insurance Reqmts\2006\BD2006-6 Contract to Sailful Bouquet.doc -2- 4/18/2006 3:24 PM HME, ATT PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SAIFUL/BOUQUET STRUCTURAL ENGINEERING, INC. FOR SEISMIC ENGINEERING SERVICES FOR SEISMIC UPGRADE OF THE CIVIC CENTER 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 Entirety..................................................................................................................... 10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SAIFUL/BOUQUET STRUCTURAL ENGINEERING, INC. FOR SEISMIC ENGINEERING SERVICES FOR SEISMIC UPGRADE OF THE CIVIC CENTER 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 SAIFUL/BOUQUET STRUCTURAL ENGINEERING, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant for seismic engineering services to upgrade the seismic performance of the Huntington Beach City Hall Administration Building; 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 Sampson Huang who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 06agree/sailful bouquet 1 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 May 1, 2006 (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 May 1, 2009. 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. 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 Six Hundred Eighteen Thousand Five Hundred Dollars ($618,500.00). 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. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 06agree/sailful bouquet 2 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. However, it is understood that such use by the CITY is at CITY's sole risk. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 06agree/sailful bouquet 3 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 claim 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. 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 06agreelsailful bouquet 4 C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time by giving CONSULTANT ten (10) days prior written notice of such termination or suspension with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 06agree/sailful bouquet 5 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 upon payment under the agreement of an amount equal to the unpaid portion of all services performed as of the date of termination plus any reimbursable expenses. 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. 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 06agree/sailful bouquet 6 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 Saiful/Bouquet Structural Engineering, Inc. ATTN: Director of Building&Safety ATTN: Sampson Huang 2000 Main Street 385 East Colorado Boulevard, Suite 200 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. 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. 06agree/sailful bouquet 7 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 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. 06agree/sailful bouquet 8 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 attorneys fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, 06agree/sailful bouquet 9 have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on /� V f ,200(o. SAIFUL/BOUQUET STRUCTURAL CITY OF HUNTINGTON BEACH, ENGINEERING, INC. a municipal corporation of the State of California B . 1 ) -L— �S� V Z S L Mayor print name ITS: (circle one)Chairman residen ice President AND 70" APPROVED AS TO FORM: By K • Lc�J City Attorney III U1Vv print name ITS: (circle one Secretar Chief Financial Officer/Asst. INITIATE AND APPROVED: Secretary—Treasurer fo yi REVIEWED AND APPROVED: Di vector of Building & Safety City Administrator 06agree/sailful bouquet 10 „” �. , a „ ; ,. ,. •� ,. ., ,„ EXHIBIT "A" A. STATEMENT OF WORK: To provide complete Engineering and Architectural design services for the seismic retrofit of the Civic Center Tower to meet the life-safety performance goal for a BSE-1 level earthquake as defined in FEMA-356 or FEMA-440. B. SCOPE OF WORK: The CONSULTANT shall provide complete engineering and architectural services and shall include, but is not limited to, the following: Conceptual/Preliminary Design Phase 1. Prepare and present conceptual designs for the seismic mitigation of the City of Huntington Beach Civic Center based on a comprehensive geological and site spectra report. 2. Study existing building systems and perform a three dimensional dynamic analysis. 3. Seismic mitigation shall meet FEMA 356 and 440 life-safety criteria as a minimum. 4. Opportunities to design the building for a performance higher than life- safety shall be investigated and presented to the City. 5. The Consultant shall provide a report addressing the proposed conceptual in terms of but not limited to: a. Structural Feasibility b. Costs C. Advantages d. Logistical analysis regarding constructability and impact to City services 6. Conceptual designs shall incorporate the use of dampening systems. The Consultant shall study various elements in the building, but not limited, to the following: a. Building rigidity and make up of structural framework/elements. b. Impact of exterior glazing due to anticipated deformations for life safety consideration c. Impact of the solid exterior concrete walls located at the 2"d level vault of the City Clerks office. Page 1 of 4 d. Impact on the stairs serving the building with regards to usability during construction for emergency egress. e. Impact of foundation work to basement area of the building. f. Impact on existing plumbing, mechanical, electrical and sprinkler systems g. Impact on ancillary roof top communications equipment h. Bracing of roofs at engineering building and council chambers 7. The Consultant shall secure the support services of the following sub- consultants to provide justification for the conceptual design approach, but not limited to: a. Architect — to assess overall building aesthetics and provide scaled sketches/drawings and/or modeling of the proposed conceptual. Drawings to include colored floor plans and sections, renderings and material samples of adequate size indicating texture and color. b. Material Testing — to provide actual existing material strengths through controlled destructive testing as outlined by the Consultant and approved by the City. c. All sub-consultants shall be approved by the City and shall be well experienced in the field of seismic retrofit. 8. The Consultant shall provide analysis and scaled drawings of the proposed conceptual, which shall include sufficient details for review. 9. The Consultant will coordinate this work between sub-consultants, Peer review and the City staff assigned to the project design team. 10. The Consultant shall subject its preliminary designs to a third party peer review to be selected by the City. 11. The Consultant will be required to present not more than two times to Council, Design Review Board, Zoning Administrator or other committee as required securing approval of the preliminary design. This may include but is not limited to: a. Preparation of visual aids, i.e. scaled drawings, models, electronic graphics, etc. b. Power-point presentation, not more than twice, as required above. Page 2 of 4 Final Design & Construction Documents Phase 1. Upon selection of the design approach, the Consultant shall prepare complete construction documents that include the following but not limited to: a. Three-dimensional dynamic analysis b. Engineering calculations for dynamic and static loading. c. Design of all building structural components to meet seismic performance objective. d. Seismic performance objective to be noted on the plans with basic dynamic assumptions. e. Scaled construction plans and details f. Material and construction specifications g. Cost study for all components of construction. h. Construction logistics or staging plan i. Complete architectural details and finishes of impacted retrofit areas. j. Plumbing, mechanical, electrical and sprinkler system drawings and details as needed. 2. Periodic Peer and City review will occur at appropriate times such as during the design criteria development phase, at 30%, 60% and 90% and final construction document submittal. 3. The final plans/drawings shall be 24-inch by 36-inch ink on mylar media. Drawings shall be in AutoCAD 2004 and submitted in digital and hard copy format. Construction specifications and bidding documents will be provided in Microsoft Word version 2000 format. The City will provide the General Provisions and bid forms in a Microsoft Word version 2000 format; the Consultant shall modify the documents by adding the necessary special provisions and bid items. Permits Phase 1. The Consultant shall assist the City in obtaining approvals from all applicable agencies including those internal to the City of Huntington Beach as may be required. Page 3 of 4 Bidding Phase 1. The Consultant shall assist the City in the Contractor selection process through participation in a pre-qualification process, answering bidders' questions, attending pre-bid conference and job walk, analyze bids, and recommending award. Construction Phase 1. Provide structural observations 2. Respond to Request for Information [RFI] and Request for Clarification [RFC]. 3. Review and approve shop drawings. 4. Preparation and submittal of "As-Built" construction documents and specifications based on Contractors marked up construction documents within 30 days after completion of construction. Maintenance Phase 1. The Consultant shall provide documentation, specifications, and frequency of required proper maintenance of structural elements utilized on the structure. Page 4 of 4 SAIFUUBOUQUET CON%vnNG STWXnAAL B4GINERS.RJC, March 29,2006 Mr. Gerald Caraig Permit and Plan Check Manager City of Huntington Beach Department of Building and Safety Sub: The City Hall, Huntington Beach Saiful/Bouquet Consulting Structural Engineers, Inc. (SBI) is pleased to submit this proposal to develop seismic structural upgrade for the above referenced project. We completed the conceptual seismic strengthening study of the Tower and based on our preliminary seismic analysis results conceptually proposed to reach the live safety performance level objective by the strengthening scheme using viscous dampers together with local enhancement of the existing structural system. With the subsequent discussion, the scope of service has been further refined and SBI is to perform additional conceptual design for the project. The scope is defined in the document "General Description and Scope of Work for Seismic Engineering Service to Updrade the Performance of the Huntington Beach City Hall administration Building"with revision dated March 29, 2006 attached. SBI propose to perform the scope of service in section VII of the above according to the tasks and fee: TASK DESCRIPTION FEE Remark I A/E Design fee including the feasibility study of the buckling restraint $540,000.00 brace frame scheme 2 Design team's fee for inteaction with peer reviewer: $12,000.00 3 a. Fee for SBI to coordinate with material testing sub-contractor for $6,500.00 material testing during the design phase b. Allowance for testing company to be retained by SBI for material $12,000.00 testing during design phase 4 Testing and inspection for dampers: Fee includes: $28,000.00 i) SBI's service to visit damper manufacture to selective critical tests and the review of test reports prepared by an independent damper testing inspector, ii) ii) Fee for independent damper testing inspector to observe propotype as well as production testing and prepare detailed test report for each dampers. 5 Preliminary analysis of roof bracing of Engineering Building and $5,000.00 Council Chamber 6 Reimbursable: Includes required outsourcing of rendering requested by the City and customary reimbursable on a time and material basis, $10,000.00 T&M not to exceed with your prior authorization Total $618,500.00 The City of Huntington Beach Administration Building March 29,2006 Page 2/2 Please note item number 6 above includes cost of rendering requested by the City for presentation purpose that requires outsourcing and the total amount of the reimbursement is set at $14000. The amount is an estimate at this time since the exact cost cannot be anticipated at this time and SBI is not to exceed without your prior authorization. We hope this proposal is satisfactory. However, should you have any questions please do not hesitate to contact me. If this proposal is acceptable, please iforme us at your earliest convience and we are looking forward to work with you on this exciting project. Sincerely, SAIFUL/BOUQUET, INC. "' r Sampson C.Huang,Ph.D.,S.E. Associate Principal Cc. Saifullsalm/SBI Helen Scott/SBI S6°QIFUL/B®NJ@UET•Consulting Structural Engineers,Inc. y EXHIBIT "B" Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 3. 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. 4. CONSULTANT shall submit to CITY an invoice for each progress payment as identified tasks are completed. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) 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 5) 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. 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. 1 EXHIBIT B x INSURANCE AND INDEMNIFICATION WAIVER Bewh MODIFICATION REQUEST 1. Requested by: Jan Richards 2. Date: April 5, 2006 3. Name of contractor/permittee: Saiful/Bouquet 4. Description of work to be performed: Engineering for Seismic Upgrade of Civic Center Tower 5. Value and length of contract: 3 years - $618,500 6. Waiver/modification request: $35,000 retention on Professional Liability Insurance 7. Reason for request and why it should be granted: See Attached Memo 8. Identify the risks to the City in approving this waiver/modification: See Attached Memo ep rtment Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management B"Approved ❑ Denied -6 b Signature wAW to 2. City Attorney's Office r pproved El Denied y 1 0C Signatur Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services Document1 4/5/2006 9:41 AM CITY OF HUNTINGTON BEACH ES Inter Office Communication Building and Safety Department TO: Patti Williams, Risk Management Jennifer McGrath, City Attorney FROM: Ross Cranmer, Director of Building & Safety DATE: April 5, 2006 SUBJECT: Justification for Waiver modification for Saiful/Bouquet Contract We are requesting a waiver for the $35,000 retention on the professional liability insurance. 7. Reason for request and why it should be granted: ■ The proposed seismic retrofit project is unusual work ■ It possesses a unique risk ■ Third party Peer review will be provided as part of the total project scope ■ The strength of the company with regard to resources and experience in this type of work. Please see D &B report attached. 8. Identify the risks to the City in approving this waiver/modification: ■ If the City is sued by a third party, the City will be required to litigate to determine if the consultant was negligent. �.ueni IIwoo aruruovu ACORD CERTIFICATE OF LIABILITY INSURANCE 3/3oos'°°N"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena, CA 91101 626 844-3070 INSURERS AFFORDING COVERAGE INSURED INSURER A: United States Fidelity&Guaranty Saiful/Bouquet Structural Engineers Inc INSURER B: American Automobile Ins.Co. 385 E.Colorado Blvd.,#200 INSURER c: ACE American Insurance Company Pasadena, CA 91101 INSURER D: 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD/Ylf DATE MM/DD/YY A GENERAL LIABILITY BKO1931079 07/31/05 07/31/06 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1,000,000 CLAIMS MADE Fx_]OCCUR MED EXP(Any one person) $1 O 000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM IT APPL IES PER: PRODUCTS -COMP/OPAGG s2,000,000 POLICY PRO LOC JECT A AUTOMOBILE LIABILITY BKO1931079 07/31/05 07/31/06 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY a AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $O $ B WORKERS COMPENSATION AND WZP80930417 07/28/05 07/28/06 X WC Y LIMIT sTAT DER R R EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYEE $1,000,000 E.L.DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional G21656501002 07/25/05 07/25/06 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Huntington Beach, its officers and employees are named as additional insured as respects general liability for claims arising from the operations of the named insured. CERTIFICATE HOLDER ADDmONAL INSURED;INSURER LETrER: CANCELLATION Ten Day Notice for Non-Payment of Premium SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WII)(XK*XAM TO MAIL 30_DAYSWRITTEN Ross Cranmer NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFTjWAT K 2000 Main St. xxot�cotamtnxycelUa KaarKasteenmc Huntington Beach, CA 92648 x�aexeII AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 1 #S154559/M133158 NLS ©ACORD CORPORATION 1988 Policy Number: BKO1931079 Owners Lessees or Contractors (Form B) ADDITIbNAL INSURED Change(s) Effective: 3/3 0/0 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Huntington Beach Ross Cranmer 2000 Main St . Huntington Beach, CA 92648 SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. City of Huntington Beach, its officers and employees are named as additional insured as respects general liability for claims arising from the operations of the named insured. CL/BF 22 40 03 95 D&B Business Information Report: SAIFUL/BOUQUET CONSULTING STRUCTURA... Page 1 of 7 D&B Business Information Report Copyright 2006 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber 098022862L ATTN: sgriffin@surfcity-hb.org Report Printed: APR 05 2006 In Date BUSINESS SUMMARY SAIFUL/BOUQUET CONSULTING STRUCTURAL ENGINEERS INC 385 E Colorado Blvd #200 Pasadena, CA 91101 Rating Change This is a single location. D-U-N-S Number: 01-117-2777 Web site: www.sbise.com D&B Rating: DD3 Telephone: 626 304-2616 Formerly Fax: 626 304-2676 Financial strength: DD is $35,000 to 49,999. Composite credit 3 is fair. Chief executive: SAIFUL ISLAM, PRESIDENT appraisal: Year started: 1997 D&B PAYDEX@: Employs: 43 12-Month D&B PAYDEX: 79 i When weighted by dollar amount, payments to 1 Financial statement date: DEC 31 2005 suppliers average 2 days beyond terms. Net worth F: $43,745 Based on trade collected over last 12 months. Gross revenue F: $6,323,128 History: CLEAR Financial condition: FAIR SIC: 8711 Line of business: Engineering services SUMMARY ANALYSIS D&B Rating: DD3 Financial strength: DD indicates $35,000 to 49,999. Composite credit appraisal: 3 is fair. The Rating was changed on March 31, 2006 because D&B's analysis of the financial statement supports a higher Rating. This credit rating was assigned because of D&B's assessment of the company's financial ratios and its cash flow. For more information, see the D&B Rating Key. Below is an overview of the company's rating history since 03/13/98: D&B Rating Date Applied DD3 03/31/06 -- 04/20/05 CC3 04/05/04 DD2 02/17/04 DD3 04/18/03 EE3 01/31/02 file://D:\Documents%20and%20 Settings\RichardALocal%20Settings\Temporary%201ntern... 4/5/2006 t D&B Business Information Report: SAIFULBOUQUET CONSULTING STRUCTURA... Page 2 of 7 BA1 07/08/00 CB1 05/02/00 CB2 11/11/99 BB2 03/13/98 The Summary Analysis section reflects information in D&B's file as of April 3, 2006. CUSTOMER SERVICE If you have questions about this report, please call our Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. If you are outside the U.S. contact your local D&B office. *** Additional Decision Support Available *** Additional D&B products, monitoring services and specialized investigations are available to help you evaluate this company or its industry. Call Dun &Bradstreet's Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. or visit our website at www.dnb.com. HISTORY The following information was reported 02/01/2006: Officer(s): SAIFUL ISLAM, PRESIDENT TOM BOUQUET, TREAS-CFO Y K LOW, SECRETARY DIRECTOR(S): THE OFFICER(S) This is a California corporation. Business started 1997. 47% of capital stock is owned by Saiful Islam. 40% of capital stock is owned by Tom Bouquet. 13% of capital stock is owned by Y K Low. SAIFUL ISLAM born 1960. Jul 1997-present active here.1995-1997 project manager for Nabih Youssef&Associates, Los Angeles, CA.1989-1995 project director/assistant division manager for Englekirk&Sabol, Inc, Los Angeles, CA.1988-1989 research associate for Cornell University, Ithaca, NY.1983-1984 lecturer Bangladesh Engineering University. Professional licenses, Structural Engineer, California (SE 004083) and Civil Engineer, California (CE 48338). TOM BOUQUET born 1966. Jul 1997-present active here.1995-1997 project manager for Nabih Youssef&Associates, Los Angeles, CA.1988-1995 employed by Daniel, Mann, Johnson & Mendenhall, Los Angeles, CA. Professional licenses, Civil Engineer, California (CE 048838) and Structural Engineer, California (SE 4007). Y K LOW born 1962. 1998-present active here.1992-1996 employed by Robert Englekirk Inc, Los Angeles, CA. BUSINESS REGISTRATION CORPORATE AND BUSINESS REGISTRATIONS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL SOURCE AS OF MAR 24 2006: This data is for informational purposes only, certification can only be obtained through the Sacramento Office of the California Secretary of State. Registered Name: SAIFUL/BOUQUET CONSULTING STRUCTURAL ENGINEERS, INC. Business type: CORPORATION Corporation type: PROFIT file://D:\Documents%20and%20Settings\RichardALocal%20Settings\Temporary%20Intern... 4/5/2006 D&B Business Information Report: SAIFULBOUQUET CONSULTING STRUCTURA... Page 3 of 7 Date incorporated: JUL 03 1997 State of incorporation: CALIFORNIA Filing date: JUL 03 1997 Registration ID: C2015528 Status: ACTIVE Where filed: SECRETARY OF STATE/CORPORATIONS DIVISION, SACRAMENTO, CA Registered agent: TOM BOUQUET, 4855 FAIRLAWN DR, LA CANADA, CA, 910110000 Principals: SAIFUL ISLAND, PRESIDENT, 28 W LA SIERRA DR, ARCADIA, CA, 910070000 OPERATIONS 02/01/2006 Description: Engineering services, specializing in structural engineering (100%). Terms are net 30 days. Has 50-100 account(s). Territory : Statewide. Employees: 43 which includes officer(s) and 2 part-time. Facilities: Occupies premises in building. SIC & NAICS SIC: NAICS: Based on information in our file, D&B has assigned this 541330 Engineering Services company an extended 8-digit SIC. D&B's use of 8-digit SICs enables us to be more specific to a company's operations than if we use the standard 4-digit code. The 4-digit SIC numbers link to the description on the Occupational Safety& Health Administration (OSHA) Web site. Links open in a new browser window. 87110000 Engineering services D&B PAYDEX The D&B PAYDEX is a unique, dollar weighted indicator of payment performance based on up to it payment experiences as reported to D&B by trade references. 3-Month D&B PAYDEX: 80 { 12-Month D&B PAYDEX: 79 When weighted by dollar amount, payments to i When weighted by dollar amount, payments to suppliers average within terms. ! suppliers average 2 days beyond terms. Based on trade collected over last 3 months. Based on trade collected over last 12 months. When dollar amounts are not considered, then t approximately 89% of the company's payments are i within terms. PAYMENT SUMMARY The Payment Summary section reflects payment information in D&B's file as of the date of this report. Below is an overview of the company's dollar-weighted payments, segmented by its suppliers' primary industries: file://D:\Documents%20and%20Settings\RichardALocal%20Settings\Temporary%20Intern... 4/5/2006 D&B Business Information Report: SAIFULBOUQUET CONSULTING STRUCTURA... Page 4 of 7 Total I Total Dollar i Largest High i Within 1 Days Slow Rcv'd Amts Credit Terms = <31 31-60 61-90 90> L Top industries: Nonclassified 3 : 1,500 750 100 Who[ office supplies 1 : 2,500 1 2,500 100 - Misc general gov't 1 750 750 x 100 Misc business credit 1 500 500 100 Short-trm busn credit i 250 °" 250 f 100 Data processing svcs 1 ; 250 ; 250 i 100 Whol electrical equip 1 100 ? 100 1 - ; 100 - - Misc publishing 1 01 0 - - - - - Other payment categories: Cash experiences 1 0 0 Payment record unknown 0 0 0 1 Unfavorable comments 0 0 0 Placed for collections: With D&B 0 0 Other 0 N/A Total in D&B's file 11 5,850 2,500 The highest Now Owes on file is $2,500 The highest Past Due on file is $0 D&B receives over 600 million payment experiences each year. We enter these new andupdated experiences into D&B Reports as this information isreceived. PAYMENT DETAILS Detailed Payment History Date Reported Paying Record i High Credit`;Now Owes!Past Due; Selling Terms Last Sale j (mm/yy) ($) ($) ($) Within (months) 02/06 Ppt 2,500 2,500 0 ' 1 mo Ppt 250 250 0 1 mo Ppt 250 0 0 i 4-5 mos Ppt 250 i 0 ; 0 ? 1 mo 12/05 Ppt 500 50 Lease Agreemnt Ppt 500 250 0 ' 1 mo (007) 0 ' 0 0 Cash account 6-12 mos 11/05 Ppt 0 0 01 6-12 mos 10/05 1 Ppt 750 0 - 0 i 6-12 mos 09/05 ! Slow 40 100 0 0 . N30 6-12 mos 08/05 (011) 750 1 mo Satisfactory. Payments Detail Key: red = 30 or more days beyond terms Payment experiences reflect how bills are met in relation to the terms granted. In some instances payment beyond file://D:\Documents%20and%20Settings\RichardALocal%20Settings\Temporary%20Intern... 4/5/2006 D&B Business Information Report: SAIFUL/BOUQUET CONSULTING STRUCTURA... Page 5 of 7 terms can be the result of disputes over merchandise, skipped invoices etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. STATEMENT UPDATE 03/30/2006 Fiscal statement dated DEC 31 2005: Assets Liabilities Cash 176,709 Taxes 150,505 Curr Assets $176,709 Curr Liabs $150,505 Fixt& Equip 8,214 COMMON STOCK 22,000 Deposits 9,327 RETAINED EARNINGS 21,745 Total Assets $194,250 Total $194,250 From JAN 01 2005 to DEC 31 2005 annual sales $6,323,128; cost of goods sold $239,826. Gross profit$6,083,302; operating expenses $4,000,528. Operating income $2,082,774; other income $10,700; net income before taxes $2,093,474; Federal income tax$18,657; net income$2,074,817. Prepared from statement(s) by Accountant: Corby And Corby, Santa Monica, CA. ACCOUNTANT'S OPINION "The financial statements reflect an accountant's compilation with figures provided from management.". Fixed assets shown net less $514,442 depreciation. Explanations Business elects to be taxed as a sub chapter S Corporation.The business was preparing its statements on a Cash Basis. FINANCE 02/01/2006 One-year statement comparative: __ _�____-_ ___��_-------_ Fiscal Dec 312004 Current Assets 156,304 Current Liabs 178,540 Current Ratio 0.88 Working Capital (22,236) Other Assets 17,292 Net Worth (4,944) Sales 5,351,016 Long Term Liab 0 Net Profit (Loss) 1,539,733 Fiscal statement dated DEC 31 2004: Assets Liabilities Cash 156,304 Taxes 177,120 0 0 0 0 m /o20Intern... 4/5/2006 file://D:\Documents/o20and/o20Settin s\RichardJ\Local/o20Settin s\Te or g g P �`Y i D&B Business Information Report: SAIFUL/BOUQUET CONSULTING STRUCTURA... Page 6 of 7 Loans &Adv-Princ 1,420 Curr Assets $156,304 Curr Liabs $178,540 Fixt& Equip 7,965 COMMON STOCK 22,000 Deposits 9,327 RETAINED EARNINGS (26,944) Total Assets $173,596 Total $173,596 From JAN 01 2004 to DEC 31 2004 annual sales $5,351,016; cost of goods sold $141,056. Gross profit$5,209,960; operating expenses$3,643,918. Operating income$1,566,042; other income $7,947; net income before taxes $1,573,989; Federal income tax $34,256. Net income $1,539,733. Prepared from statement(s) by Accountant: Corby And Corby, Santa Monica, CA. ACCOUNTANT'S OPINION The financial statement reflects an accountant's compilation with figures provided from management. Fixed assets shown net less $438,340 depreciation. Explanations Business elects to be taxed as a sub chapter S Corporation; The business was preparing its statement on a Cash Basis. On FEB 01 2006 Tom Bouquet, Treas-cfo, submitted the above figures. Tom Bouquet submitted the following partial estimates dated FEB 01 2006: Sales for 2005 were $6,000,000. KEY BUSINESS RATIOS Statement date: DEC 31 2005 Based on this number of establishments: 24 Firm Industry Median Return of Sales: 32.8 Return of Sales: 7.1 Current Ratio: 1.2 Current Ratio: 3.1 Assets/ Sales: 3.1 Assets/ Sales: 17.1 Total Liability/ Net Worth: 344.1 Total Liability/ Net Worth: 48.2 PUBLIC FILINGS The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source. UCC FILINGS Collateral: Leased Fixtures Type: Original Sec. party: WESTAMERICA BANK, SAN RAFAEL, CA Debtor: SAIFUL/BOUQUET CONSULTING STRUCTURAL ENGINEERS, INC. Filing number: 9723960274 Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date filed: 08/25/1997 Latest Info Received: 09/05/1997 Collateral: Equipment Type: Assignment Sec. party: BANCORP FINANCIAL SERVICES, INC, SACRAMENTO, CA Assignee: NO NAME AVAILABLE Debtor: SAIFUL/BOUQUET CONSULTING STRUCTURAL ENGINEERS, INC. file://D:\Documents%20and%20Settings\RichardJ\Local%20Settings\Temporary%20Intern... 4/5/2006 D&B Business Information Report: SAIFUL/BOUQUET CONSULTING STRUCTURA... Page 7 of 7 Filing number: 9723960274 Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date filed: 04/16/1998 Latest Info Received: 04/24/1998 Original UCC filed date: 08/25/1997 Original filing no.: 9723960274 The public record items contained in this report may have been paid, terminated, vacated or released prior to the date this report was printed. GOVERNMENT ACTIVITY Activity summary Borrower(Dir/Guar): NO Administrative debt: NO Contractor: NO Grantee: NO Party excluded from federal program(s): NO Possible candidate for socio-economic program consideration Labor surplus area: YES (2005) Small Business: N/A 8(A) firm: N/A The details provided in the Government Activity section are as reported to Dun &Bradstreet by the federal government and other sources. Copyright 2006 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber 098022862L file://D:\Documents%20and%20Settings\RichardJ\Local%20Settings\Temporary%20Intern... 4/5/2006 �..: ACE Advantage"' ACE American Insurance Company Professional Liability POIICy For Design'Professionals Declarations This Policy is issued by the stock insurance company above. THIS ;POLICY IS A CLAIMS MADE AND REPORTED POLICY. EXCEPT AS OTHERWISE PROVIDED HEREIN,THIS,POLICY COVERS ONLY CLAIMS FIRST MADE.AGAINST THE INSUREDS AND REPORTED TO THE INSURER DURING THE POLICY PERIOD. PLEASE READ THIS POLICY CAREFULLY. THE LIMITS OF LIABILITY AVAILABLE TO PAY INSURED "LOSS SHALL BE REDUCED BY AMOUNTS INCURRED FOR DEFENSE COSTS. FURTHER NOTE THAT AMOUNTS,INCURRED FOR DEFENSE COSTS AND LOSS SHALL ALSO BE APPLIED AGAINST THE RETENTION AMOUNT. TERMS THAT APPEAR IN BOLD FACE TYPE HAVE SPECIAL MEANING. PLEASE REFER TO SECTION III, DEFINITIONS. Policy No. EON G21656501 002 Item 1. Named Insured Saiful/Bouquet Structural Engineers, Inc. Principal Address: 385 East Colorado Blvd Suite 200 Pasadena, CA 91101 Item 2. Policy Period: From: 12:01 a:m. 07/25/2005 To: 12:01 a.m. 07/25/2006 (Local time at the address shown in Item 1) Item 3. Limit of Liability(including Defense Costs) Each Claim Aggregate $2,000,000 $2,000,000 Item 4. Retention: $35,000 FORM McGRA It1,TEy Certmed copy of The Ct0,1,12kl Policy Cs� !F- � . � PF-14382(07/03) ©ACE USA,2003 Page 1 of 12 Item 5. Notice to Insurer: A. Notice of Claim or Wrongful Act: Director,of Claims ACE USA-Professional Risk 140 Broadway,40th Floor New York,New York 10005 B. All other notices: Chief Underwriting Officer ACE USA -Professional Risk 140 Broadway,41st Floor New York, New York 10005 Item 6. Policy Premium: $93,445 Item 7. Prior or Pending Proceeding Date: 7/25/2004 Item 8. Extended Reporting Period: 1 Year: 100%of last annual premium 2 Years:160%of last annual premium 3 Years:190°% of last annual premium Item 9. Retroactive Date: 07/25/1997 IN WITNESS WHEREOF, the Insurer has caused this Policy to-be countersigned by a duly authorized representative of the Insurer. 4 DATE: �`�� Gregg C.Rentko,CPCU Authorized Representative PF-14382(07/03) ©ACE USA,2003 Page 2 of 12 ACE Advantage' Professional Liability Policy` ace Us1 For Design Professionals In consideration of the payment of the premium, in reliance upon the Application, and subject to the Declarations and the terms and conditions of this Policy, the Insureds, and the Insurer agree as follows: I. INSURING AGREEMENT The,Insurer shall pay the Loss of the Insured for which the Insured becomes legally obligated to pay by reason of a Claim first made against the Insured Persons and reported to the Insurer during the Policy Period or, if elected, the applicable Extended Reporting Period, for any Wrongful Acts taking place on or after the Retroactive Date and prior to the end of the Policy Period.' II. SUPPLEMENTAL PAYMENTS A. Pre-Claim Assistance: If, during the Policy Period, the Insurer reports a specific Wrongful Act in accordance with Section IX.B, Notice, the Insurer may, at its sole option, investigate such Wrongful Acts as it'deems appropriate. Until such time that a Claim arising from such specific Wrongful Acts has been made, any payment made,by the Insurer for such investigation shall be at the Insurer's expense. B. A.D.A., F.F.H.A., and O.S.H.A. Penalty Notwithstanding definition J and exclusion A to the contrary, this Policy will cover up to $5000 in fines, sanctions or penalties levied against the Named Insured pursuant to the American with Disabilities Act of 1990, the Federal Fair Housing Act or the Occupational Safety and Health Act. This supplemental payment is subject to the internal laws of the applicable jurisdiction regarding the insurability of such fines, sanctions and penalties. The maximum limit of the Insurer's liability for this supplemental payment shall be $5,000 for each Claim. C. Reimbursement of Expenses: If the Insured is requested by the Insurer to attend hearings, depositions and trials relative to the defense of a Claim, the Insurer shall reimburse the Named Insured's actual loss of earnings and reasonable expense due to such attendance up to $300 per day,subject to a maximum aggregate amount of$5,000 for each Claim. Payment made by the Insurer under this section shall not apply to the Retention and shall not reduce the Limits of Liability: III. DEFINITIONS When used in this Policy: A. Application means all applications, including any attachments thereto, and all other information and materials submitted by or on behalf of the Insureds to the Insurer in connection with the Insurer underwriting this Policy or any policy of which this Policy is a direct or indirect renewal or replacement. Application also includes any information appearing on the Named Insured's website, or public documents filed by the Named Insured with any federal, state, local or foreign regulatory body, prior to inception of this Policy. All such applications, attachments, information, materials and documents are deemed attached to and incorporated into this Policy. B. Claim means: 1. a written demand against any Insured for monetary damages for Professional Services; or 2. a civil proceeding against any Insured seeking monetary damages or non-monetary or injunctive relief, commenced by the service of a complaint or similar pleading, including any appeal therefrom. �J PF-14373(07/03) ©ACE USA, 2003 Page 3 of 12 C. Defense Costs means reasonable and necessary costs, charges, fees and expenses incurred by the Insured in defending Claims and the premium for appeal, attachment or similar bonds arising: out of covered judgments, but with no obligation to furnish such bonds. The determination by the Insurer of the reasonableness and'necessary nature of any Defense Costs shall be conclusive' upon the Insureds. Defense Costs do not include wages, salaries or fees of the directors, officers, trustees, managers, members of the board of managers or equivalent executives of limited liability corporations, or employees of the Named Insured, except as provided in IIC Reimbursement of Expenses. D. Entity-means any sole proprietorship, partnership, corporation or other form of organization recognized as such by law, but does not include any joint venture. E. Extended Reporting Period means the period for the extension of coverage, if elected, described in Section VI, Extended Reporting Period. F. Insured means: 1. any Ensured Person; 2.. the Namedr Insured;and 3. any Named Insured with regard to its participation in a joint venture, but solely for the Named Insured's liability for the Named Insured's performance of Professional Services under the respective joint venture: G. Insured Person means any person who was, now is or shall become: 1. a duly elected or appointed partner, principal, director, officer, member or employee of the Named Insured, but only while acting on behalf of the Named Insured; 2. a duly elected manager, member of the board of managers or equivalent executive of the Named Insured if it is a limited liability company, but only while acting on behalf of the Named Insured; and 3. temporary,;leased or refired personnel of the Named Insured, but only while acting under the direct supervision and on behalf of the Named Insured; H. Insurer means the insurance company providing this insurance. I. Interrelated Wrongful Acts-means all Wrongful Acts that have as a common nexus any fact, circumstance, situation, event, transaction, cause or series of related facts, circumstances, situations,events,transactions or causes. J. Loss means compensatory monetary damages or judgments, any award of pre judgment and post- judgment interest, compensatory monetary settlements negotiated with the consent of the Named Insured and Defense Costs; which the Insured becomes legally obligated to pay on account of any Claim first made against any Insured during the Policy Period or, if elected, the Extended Reporting Period,for Wrongful Acts to which this Policy applies. Loss does not include: 1. any amount for which the Insured is not financially liable or legally obligated to pay; 2. taxes, fines or penalties sought or awarded against an Insured; 3. the multiple portion of any multiplied damage award; 4. matters uninsurable under the laws pursuant to which this Policy is construed; or 5. the return,withdrawal or reduction of professional fees, profits or other charges. Loss includes punitive and exemplary damages to the extent such damages are insurable under the internal laws of any jurisdiction which has a substantial relationship to the Insureds, Insurer, this Policy or such Claim. �i �.s PF-14373(07/03) ©ACE USA, 2003 Page 4 of 12 K. Named Insured means the organization first named in Item 1 of the Declarations. L. Personal Injury means injury,arising out of,one ormore of the following offenses: a. false arrest, detention or imprisonment; b. malicious prosecution; c. libel, slander or other defamatory or disparaging material; d. publication or an utterance in violation of an individual's right to privacy; and e. wrongful entry or eviction, or other invasion of the right to private occupancy. M. Policy means, collectively, the Declarations, the Application, this policy form and any endorsements. N. Policy Period means the period of time specified in Item 2 of the Declarations, subject to prior termination pursuant to Section XV,Termination of the Policy. O. Professional Services means those services that the Insured is legally qualified to perform for others in the Insured's capacity as an architect, engineer, land surveyor, landscape architect,; construction manager, interior designer, land planner, space planner, expert witness, or technical consultant with respect to the foregoing listed services, or as otherwise defined by endorsement to this Policy. P. Retroactive Date means the date specified in Item 9 of the,Declarations. Q. Wrongful Act means any error, misstatement, misleading statement, act, omission, neglect, Personal Injury or breach of duty actually or allegedly committed or attempted by any Insured in his or her capacity as such, or by any other person for whom the Insured is legally liable, in the rendering or failure to render Professional Services. R. Wrongful Employment Practice means any actual or alleged: 1. wrongful dismissal or discharge or termination of employment,whether actual or constructive; 2. employment-related misrepresentation, 3. violation of any federal, state or local laws (whether common law or statutory) concerning employment or discrimination in employment 4. sexual harassment or other unlawful workplace harassment; 5. wrongful deprivation of a career opportunity or failure to employ or promote; 6. wrongful discipline of employees; 7. retaliation against employees for the exercise of any legally protected right or for engaging in any legally protected activity; 8. negligent evaluation of employees; 9. failure to adopt adequate workplace or employment policies and.procedures; 10. employment-related libel, slander, defamation or invasion of privacy; or 11. employment-related wrongful infliction of emotional distress. The foregoing definitions shall apply equally to the singular and plural forms of the respective words. `D) PF-14373(07/03) O ACE USA, 2003 Page 5 of 12 IV. EXCLUSIONS The Insurer shall not be liable for Loss on account of any Claim: A. Discrimination, Humiliation, Harassment, Misconduct alleging, based upon, arising out of, or attributable to any actual or alleged discrimination, humiliation, harassment, or misconduct by any Insured. However, this exclusion shall not apply to Claims for failure to award any contract for Professional Services, or the Insured's advice to award or not award a contract for Professional Services, B. Goods or Products alleging, based upon, arising out of, or attributable to the design or manufacture of goods or products sold, supplied or distributed by the Insured, or others under license from the Insured. However, this exclusion shall not apply to computer software sold or supplied by the Insured in its provision of Professional Services C. Warranty or Guarantee alleging, based upon,;arising out of, or attributable the Insured's warranty or guaranty. However, this exclusion shall not apply to the Insured's warranty or guaranty that the Insured's Professional Services conform with generally accepted architectural or engineering standards. D. Related Entity brought or maintained by, on behalf of, or in the right of any Entity, its subrogees or assignees that: 1. wholly or partly owns, operates, manages or controls the Insured; or 2. the Insured operates, manages or controls, or 3. the Insured has an ownership greater than 49%. E. Fraud alleging, based upon, arising out of, or attributable to any fraudulent or<criminal act, error or omission, or any intentional or knowing violation of the law; however, this exclusion shall not apply to unless and until there is a final judgment against an Insured as to such conduct.When there is a final judgment, the Insureds shall reimburse the Insurer for any Defense Costs advanced. F. Insured vs. Insured brought or maintained by, on behalf of, or in the right of any Insured or any bankruptcy or insolvency trustee, receiver, examiner, liquidator or similar official for any Insured, in any respect and whether' or not collusive. However, this exclusion shall not apply to any Claim brought or maintained by any Insured Person in the form of a cross-claim or a third-party claim for contribution or indemnity which is part of,and results directly from, a Claim that is covered by this Policy. G. Property alleging, based upon, arising out of, or attributable the Insured's ownership, rental, leasing, operation, maintenance, use or repair of any real or personal property, including property damage to property owned, occupied, rented or leased by or to the Insured. H. Mobile Vehicles alleging, based upon, arising out of, or attributable the ownership, maintenance, operation, use, loading, or unloading, by on behalf of or at the direction of the Insured, of watercraft, automobiles, motor vehicles, aircraft or mobile vehicles of any kind. I. Wrongful Employment Practice alleging, based upon, arising out of, or attributable to a Wrongful Employment Practice. PF-14373(07/03) ©ACE USA, 2003 �` fit, L F a `` 6 Page 6 of 12 J. Workers' Compensation all based upon, arising out of, or attributable to bodily injury, mental anguish, emotional distress,sickness, disease or death of any employee of the Insured arising out of and in the course of their employment; or any obligation for which the Insured or any insurer as the Insured's;insurer may be liable under any workers' compensation, unemployment compensation, employer's liability, disability benefits or any similar law. K. Construction Workmanship alleging, based upon, arising out of, or attributable to the cost to repair or replace faulty construction workmanship in any construction, erection, fabrication, installation, assembly, manufacture or remediation performed by the Insured, including the cost of any materials, parts or equipment furnished in connection therewith. L. Liability Assumed Under Contract based on or arising out of any actual or alleged liability of others assumed by the Insured under any contract or agreement, unless such liability would have attached to the Insured even in the absence of such contract or agreement. M. Prior or Pending Proceeding alleging; based upon, arising out of, or attributable to: 1. any prior or pending litigation or administrative or regulatory proceeding filed on or before the prior or pending proceeding date shown in Item 7 of the Declarations, or the same or substantially the same Wrongful Act, fact,'circumstance or situation underlying or alleged therein; or 2. any other Wrongful Act whenever occurring which,together with a`Wrongful Act underlying or alleged in such prior or pending'proceeding,would constitute Interrelated'Wrongful Acts. V. ESTATES,`;LEGAL REPRESENTATIVES,AND SPOUSES The estates;, heirs, legal representatives, assigns, spouses and legally recognized domestic partners of Insured Persons shall be considered Insureds under this Policy; but coverage is afforded to such estates, heirs, legal representatives, assigns, spouses and legally recognized domestic partners only for a'Claim<arising solely out of their status as such and, in the case of a spouse or legally recognized domestic partner, where the Claim seeks damages from marital community property, jointly held property or property transferred from the Insured r Person to the spouse or legally recognized domestic partner. No coverage is provided for any Wrongful Act of an estate, heir, legal representative,assign, spouse or legally recognized domestic partner. All of the terms and conditions of this Policy including, without limitation, the Retention, shall also apply to Loss incurred by such estates, heirs, legal representatives, assigns,;spouses and legally recognized domestic partners. VI. EXTENDED REPORTING PERIODS If the Insurer terminates or does not renew this Policy (other than for failure to pay a premium when due), or if the Named Insured terminates or does not renew this Policy and does not obtain replacement coverage as of the effective date of such cancellation or non-renewal, the Named Insured shall have the right, upon payment of the additional premium described below, to a continuation of the coverage granted by this Policy for at least one Extended Reporting Period as follows: A. Automatic Extended Reporting Period The Named Insured shall have continued coverage_granted by this Policy for a period of 60 days following the effective date of such termination or nonrenewal, but only for Claims first made during such 60 days and arising from Wrongful Acts taking, place prior to the effective date of such termination or nonrenewal. This Automatic Extended Reporting Period shall immediately expire upon the purchase of replacement coverage by the Named Insured. B. Optional Extended Reporting Period ! PF-14373(07/03) O ACE USA,2003 , Page 7 of 12 If the Insurer terminates or does not renew this Policy (other than for failure to pay a premium when due), the Named Insured shall have the;right, upon payment of the additional premium described in Item 8 of the Declarations, to a continuation of the coverage granted by this Policy for an Optional Extended Reporting Period with,a term of one year following the effective date of such termination or nonrenewal for an additional premium paid of 100% of the immediately preceding annual premium,two years following the effective date of such termination or nonrenewal for an additional premium paid of 160% of the immediately preceding annual premium, or three years following the effective date of such termination or nonrenewal for an additional premium paid of 190% of the immediately preceding annual premium, but only with respect to Claims first made during the Optional Extended Reporting Period and arising from Wrongful Acts taking place prior to-the effective date of such termination or nonrenewal. This right to continue coverage shall lapse unless written notice of such election is given by the NamedInsured to the'lnsurer, and the insurer receives.payment of the additional premium,within 60 days following the effective date of termination or nonr6newal. The first 60 days of the Optional Extended Reporting Period, if it becomes effective, shall run concurrently with the Automatic Extended Reporting Period. The Insurer shall give the Named insured notice of the premium due for the Optional Extended Reporting Period as soon as practicable following the date the Named Insured gives such notice of such election and such premium shall be paid by the Named Insured to the Insurer within 10 days following the date of such notice by the Insurer of the premium due. The Optional Extended Reporting Period is not cancelable and the entire premium for the Optional Extended Reporting' Period shall be deemed fully earned and non-refundable upon payment. C. The Automatic and Optional Extended Reporting Periods, if the latter is elected, shall be part of and not in addition to the Limit of Liability for the immediately preceding 'Policy;Period. The automatic provision or purchase, respectively, of;the Automatic or Optional Extended Reporting; Period shall not increase or reinstate the Limit of Liability, which shall be the maximum liability of the Insurer for the Policy Period and Extended z Reporting Periods, combined. D. A change in Policy terms, conditions, exclusions and/or premiums shall not be considered a nonrenewal for purposes of triggering the rights to the Automatic or Optional'Extended Reporting Periods., VII. LIMITS OF LIABILITY A. All Claims against one or more than one Insured, and arising out of the same Wrongful.Act and all Interrelated Wrongful Acts of the Insureds, shall be deemed to be one Claim, and such Claim shall be deemed to be first made on the date the earliest of such Claims is first made, regardless of whether such date is before or during the Policy Period. All Loss resulting from a single Claim shall be deemed a single Loss. B. The Each Claim Limit of Liability stated in Item 3 of the Declarations is the Insurer's maximum liability for the sum of all Loss because of each Claim, including each Claim alleging Interrelated Wrongful Acts,first made and reported during the Policy Period. C. The Aggregate Limit stated in Item 3 of the Declarations shall be the maximum aggregate liability of the Insurer for all Loss resulting from all Claims first made during the Policy Period. D. Defense Costs shall be part of and not in addition to the Aggregate Limit of Liability shown in Item 3 of the Declarations, and Defense Costs shall reduce such Limit of Liability. If the Limit of Liability is exhausted by payment of Loss, or if the applicable limit of the Named Insured's liability has been deposited with or is subject to control of a court of competent jurisdiction, the obligations of the Insurer under this Policy shall be completely fulfilled and extinguished. The Insurer is entitled to pay Loss as it becomes due and payable by the Insureds, without consideration of other future payment obligations. PF-14373(07/03) ©ACE USA, 2003 � J I F Page 8 of 12 Vill. RETENTIONS A. Except as otherwise provided in this section, the liability of the Insurer shall apply only to that part of Loss which-is excess of the applicable Retention amount shown in Item 4 of the Declarations.' Such Retention shall be borne uninsured by the Insureds and at their own risk. B. A single Retention amount shall apply to Loss arising from all Claims alleging Interrelated Wrongful Acts. IX. NOTICE A. The Insureds shall, as a condition'precedent to their rights under this Policy, give to the insurer written notice of any Claim made against the Insureds as soon as practicable, but in no event later than the termination of the Policy Period or, if elected, the Extended Reporting Period. B. If, during the Policy Period, the Insureds first become aware of facts or circumstances which may reasonably give rise to a future Claim covered under this Policy, and if the Insureds give written notice to the Insurer during the Policy Period of: 1. the identity of the potential claimants; 2. a description of the anticipated Wrongful Act allegations; 3. the identity of the Insureds allegedly involved; 4. the circumstances by which the Insureds first became aware of the facts or circumstances; 5. the consequences which have resulted or may result; and 6. the nature of the potential monetary damages and non-monetary relief; then any Claim which arises out of such Wrongful Act shall be deemed to have been first made at the time such written notice was received by the Insurer. No coverage is provided for fees, expenses and other costs incurred prior to the time such Wrongful Act results in a Claim. C. All notices under any provision of this Policy shall be in writing and given by prepaid express courier, certified mail:or facsimile transmission properly addressed to the appropriate party. Notice to the Insureds may be given to the Named Insured at the address shown in Item 1 of the Declarations. Notice to the Insurer of any Claim or Wrongful Act shall be given to the Insurer at the address shown in Item 5A of the Declarations. All other notices to the Insurer under this Policy shall be given to the Insurer at the address shown in Item 56 of the Declarations. Notice given as described above shall be deemed to be received and effective upon actual receipt thereof by the addressee or one day following the date such notice is sent,whichever'is earlier. D. No notice that may be given during the Policy Period under Section IX, Notice, at subsection B may be given during the Extended Reporting Period, if elected. X. DEFENSE AND SETTLEMENT A. It shall be the right and duty of the Insurer to defend any Claim. Defense counsel shall be designated by the Insurer, or designated by the Insured subject to the Insurer's defense counsel guidelines and written consent. B. The Insureds agree not to settle or offer to settle any Claim, incur any Defense Costs, otherwise assume any contractual obligation, or admit any liability with respect to any Claim without the prior written consent of the Insurer. However, the Insureds must take all reasonable action, within its ability, to prevent or mitigate any Claim which would be covered under this Policy. C. The Insurer shall have the right to make such investigation and conduct negotiations and, with the written consent of the Insured, make any settlement of any Claim as the 'Insurer deems reasonable. D. The Insureds agree to provide the Insurer with all information,assistance and cooperation which the Insurer reasonably requests and agree that, in the event of a Claim, the Insureds will do nothing that shall prejudice the position of the Insurer or its potential or actual rights of recovery. PF-14373(07/03) ©ACE USA,2003 _.-; , Page 9 of 12 E. If the Insured refuses to consent to a settlement or compromise recommended by the Insurer.and elects to:contest or continue to contest a Claim, the Insurer's liability shall not exceed the amount for which the Insured would have been liable for Loss if the Claim had been so settled when and as recommended, and the Insurer shall have the right to withdraw from the further,defense of the Claim by tendering control of the defense thereof to the Named Insured. The operation of this subsection shall be subject to the Limits of Liability and Retention provisions of this Policy. A. CLAIMS MEDIATION If a Claim is fully and finally resolved to the satisfaction of all;parties, including the Insurer, as a result of mediation, the Insured's Retention for such Claim shall be reduced by 50% up to a maximum reduction of $25,000. Mediation means a non-binding process in which a neutral panel or individual assists the parties in reaching their own settlement. To be considered mediation under this Policy, the process must be of a kind set forth in the Commercial Mediation Rules of the American Arbitration Association. The 'Insurer, at its sole option, may recognize any other mediation process or forum presented by the Insureds for approval. Al. OTHER INSURANCE If anyLoss covered under this Policy is covered under any other valid insurance,then this Policy shall cover the Loss, subject to its terms and conditions, only to the extent that the amount of the Loss is in excess of the amount of such other insurance whether such other,insurance is stated to be primary, contributory, excess, contingent or otherwise, unless such other insurance is written only as specific excess insurance over the Limit of Liability provided by this Policy. However,;notwithstanding the foregoing, no coverage is provided under this Policy if such other insurance is a professional liability- policy for a specific projector projects, even if coverage under such other policy does not apply in whole or in part for any reason, including but not limited to an'exclusion or a reduction or exhaustion of limits. Xlil. MATERIAL CHANGES IN CONDITIONS A. Acquisition or Creation of Another Organization If, during the Policy Period, the Named Insured acquires a majority of the assets of or the voting securities in another organization, creates'another organization, or acquires any organization by merger into or consolidation with the Named Insured, such organization shall not be covered under this Policy unless the Insureds, prior to such acquisition or creation: 1 give written notice of such acquisition or creation to the Insurer; 2. pay any additional,premium required by the Insurer;and 3. agree to any additional terms and conditions of this Policy as required by the Insurer. B. Acquisition of the Named Insured If, during the Policy Period, any of the following events occurs: 1. the acquisition of the Named Insured, or of all or substantially all of its assets, by another entity, or the merger or consolidation of the Named Insured into or with another entity such that the Named Insured is not the surviving entity;or 2. the obtaining by any person, entity or affiliated group of persons or entities of the right to elect, appoint or designate at least 50% of the partners, principals, or directors of the Named Insured;' then coverage under this Policy will continue in full force and effect until termination of this Policy, but only with respect to Claims for Wrongful Acts taking place before such event. Coverage under this Policy will cease as of the effective date of such event with respect to Claims for Wrongful Acts taking place after such event. PF-14373(07/03) O ACE USA, 2003 vv Page 10 of 12 XIV. INSURED'S REPRESENTATIONS A. The Insureds represent and acknowledge that the statements and information contained in the Application are true and accurate and: 1. are the basis of this Policy and are to be considered as incorporated into and constituting a part of this Policy; and 2. shall be deemed material to the acceptance of this risk or the hazard assumed by the Insurer under this Policy. It is understood and agreed that this Policy is issued in reliance upon the truth and accuracy of such representations'. B. The Insureds;represent and acknowledge that no partner, principal,;officer, director or insurance manager of the Insured knew or could have reasonably expected that any Wrongful Act prior to the Retroactive Date;specified in the Declarations, might give rise to a Claim. XV. TERMINATION OF THE POLICY A. This Policy shall terminate at the earliest of the following;times:, 1. the effective date of termination specified in a prior written notice by the Named Insured to the Insurer; 2. 60 days after receipt by the Named Insured of a written notice of termination from the Insurer; 3. 10 days after receipt by the Named Insured of a written notice of termination from the Insurer for failure to pay a premium when due, unless:the premium is paid within such 10 day period; 4. upon expiration of the Policy Period as shown in Item 2 of the Declarations;or 5. at such other time as may be agreed upon by the Insurer and the Named Insured'. B. If this Policy is terminated by the Named Insured, the Insurer shall refund the unearned premium computed at the short rate. If this Policy is terminated by the Insurer, the Insurer shall refund the unearned premium computed pro`rata. Payment or tender of any unearned premium''by the Insurer shall not be a condition precedent to the effectiveness of such termination, but such payment shall be made as soon as practicable. XVI. TERRITORY AND VALUATION A. All premiums, limits, retentions, Loss and other amounts under this Policy are expressed and payable in the currency of the United States of America. If judgment is rendered, settlement is denominated or another element of Loss tinder this Policy is stated'in'a currency other than United States of America dollars, payment under this Policy shall be made in United States dollars at the applicable rate of exchange as published in The Wall Street Journal as of the date the final judgment is reached, the amount of the settlement is agreed upon or the other element of Loss is due, respectively or if not published on such date, the next date of publication of The Wall Street Journal. B. Coverage under this Policy shall extend to Wrongful Acts taking place anywhere in the world,but only Claims brought and maintained: 1. solely and entirely in and subject to the jurisdiction of Canada, or the United States of America, its territories and possessions; and 2. subject to the substantive and procedural laws of Canada, or the United States of America, its territories and possessions. Page 11 of 12 PF-14373(07/03) ©ACE USA, 2003 �� f ' ; XVII. SUBROGATION A. In;the event of any payment under this Policy,the Insurer`shall be subrogated to the extent of such payment to :all the rights of recovery,of the Insureds. The Insureds shall execute all papers required and shall do everything necessary to secure and preserve such rights, including the execution of such documents"necessary to enable the Insurer effectively to bring suit or otherwise pursue subrogation rights in the name of the Insureds. B. The Insurer waives its subrogation rights against a client of the Insured to the extent that the Insured had, prior to a Claim or a Wrongful Act reasonably expected to give rise to a Claire, entered into a written agreement to waive such rights. C. Any amounts recovered shall first be applied toward reimbursement of any payments made by the Insureds in satisfaction of the Retention,and any remain balance shall be that of the Insurer. XVIII. AUDIT The Insurer may examine and audit the Insured's books and records at;any time during the Policy Period and within three years after termination of this Policy, to the extent such books and records relate to the subject matter of this Policy; XIX. ENTIRE CONTRACT By acceptance of this Policy, the Insured agrees that this Policy embodies all agreements existing between the Insured and the Insurer. XX. ACTION AGAINST THE INSURER AND BANKRUPTCY No action shall lie against the Insurer. No person or organization shall have any right under this Policy to join the Insurer as a party to any action against any-Insured to determine the liability of the Insured nor shall the Insurer be impleaded by any Insured or its legal representatives. Bankruptcy or insolvency of any Insured or of the estate of any Insured shall not relieve the Insurer of its obligations nor deprive the Insurer of its rights or defensesrunder:this Policy. M. AUTHORIZATION CLAUSE By acceptance of this Policy, the Named Insured agrees to act on behalf of the Optional Extended Reporting Period, the payment of premiums and the receiving of any return premiums that may become due under this Policy, the agreement to and acceptance of endorsements, and the giving or receiving of any other notice provided for in this Policy, and the Insureds agree that the Named Insured shall so act on their behalf. XXII. ALTERATION,ASSIGNMENT AND HEADINGS A. No change in, modification of, or assignment of interest under this Policy shall be effective except when made by written endorsement to this Policy which is signed by an authorized representative of the Insurer. B. The titles and headings to the various parts,sections, subsections and endorsements of this Policy are included solely for ease of reference and do not in anyway limit, expand or otherwise affect the provisions of such parts, sections, subsections or endorsements. XXI I I. INTERPRETATION The terms and conditions of this Policy shall be interpreted and construed in an evenhanded fashion as between the parties. If the language of this Policy is deemed to be ambiguous or otherwise unclear, the issue shall be resolved in the manner most consistent with the relevant terms and conditions of this Policy, without regard to authorship of the language, without any presumption or arbitrary interpretation or construction in favor of either the Insureds or the Insurer and without reference to the reasonable expectations of either the Insureds or the Insurer. PF-14373 07/03 ©ACE USA, 2003 `' {( ) j 1 , Page 12 of 12 yy U:S. Treasury Department's Office Of Foreign Assets Control ("OFAC") ace usa Advisory Notice to Policyholders This Policyholder Notice shall not be construed as part of your policy and no coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy.You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of'Foreign.Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of"national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists • Terrorist organizations;and 0 Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons".This list can be located on the United States Treasury's web site http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a`Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a`blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract,"no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply; PF-17914 (2/05) Reprinted,in part,with permission of Page 1 of 1 ISO Properties, Inc. SIGNATURE ENDORSEMENT Named Insured Endorsement Number Saiful/Bouquet Structural Engineers, Inc. PolicySymbol` Policy Number Policy Period Effective Date of Endorsement EON G21656501 002 07/25/2005 to 07/25/2006 07/25/2005 Issued By(Name of Insurance Company) ACE American Insurance Company THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. ` By signing and delivering the policy to you,we state that it is a valid contract. INDEMNITY INSURANCECOMPANY',OF NORTH AMERICA 1601; Chestnut Street, P.O. Box 41484, Philadelphia, Pennsylvania 1`9101-1484 BANKERS STANDARD FIRE AND MARINE COMPANY 1601 Chestnut Street, P.O. Box 41484,Philadelphia, Pennsylvania 19101-1484 BANKERS STANDARD INSURANCE COMPANY 1601 Chestnut Street, P.O. Box 41484, Philadelphia, Pennsylvania 19101-1484 ACE INDEMNITY INSURANCE COMPANY 1601 Chestnut Street, P.O. Box 41484, Philadelphia, Pennsylvania 19101-1484 ACE AMERICAN INSURANCE COMPANY 1601 Chestnut Street, P.O. Box 41484, Philadelphia, Pennsylvania 1.9101-1484 ACE PROPERTY AND CASUALTY INSURANCE COMPANY 1601 Chestnut Street, P.O. Box 41484, Philadelphia, Pennsylvania 19101-1484 INSURANCE COMPANY OF NORTH AMERICA 1601 Chestnut Street, P.O. Box 41484,:Philadelphia,Pennsylvania 1 91 01-1 484 PACIFIC EMPLOYERS INSURANCE COMPANY 1601 Chestnut Street, P.O. Box 41484, Philadelphia, Pennsylvania 19101-1484 ACE FIRE UNDERWRITERS INSURANCE COMPANY 1601 Chestnut Street, P.O. Box 41484,Philadelphia, Pennsylvania 19101-1484 GEORGE D. MULLIGAN, SecretaryU IC r 5:3JOHN J. L P A, President dent WESTCHESTER FIRE INSURANCE COMPANY 1133 Avenue of the Americas, 32nd Floor, New York, NY 10036 � V GEORGE D. MULLIGAN, Secretary EN' A. CROSBY, JR., President Gregg C.Rentko,CPCU Authorized Agent CC-1 K11d (02/05)Ptd.in U.S.A. (- -- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Saiful/Bouquet Structural Engineers,Inc. 2 Policy Symbol Policy Number" Policy Period Effective Date of Endorsement EON G21656501 002 '07125/2005 to 07/25/2006 07/25/2005 Issued By(Name of Insurance Company) ACE American,Insurance Company Project Coverage-Excess Liability Endorsement It is agreed'that Section IV, Exclusions, is amended by adding the following. Section XII,Other Insurance, is amended by deleting the last sentence, but only if.the Insured notifies the Insurer, in writing, of the existence of any such other professional liability policy for a specific project or,projects, and only if the Insurer agrees, in writing,to schedule such other professional liability policy as underlying insurance. In such event, coverage provided by this Policy shall apply as excess as set forth in the first sentence of this section XII. In the event any notice is given'to an insurer of such other professional liability policy, notice shall also be given to the Insurer as set forth in Section IX, Notice. All other terms and conditions of this Policy remain unchanged. Gregg C.Rentko,CPCU Authorized Representative PF-14535(03/03) 0 ACE USA,2003 ,i ; ; Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Saiful/Bouquet Structural Engineers, Inc. 3 Policy symbol Policy Number Policy Period Effective Date of Endorsement EON G21656501 002 07/26/2005 to 07/25/2006 07/25/2005 Issued By(Name of Insurance Company) AGE American Insurance Company: Terrorism Exclusion Endorsement This endorsement modifies insurance provided under the following: Professional Liability Policy for Design Professionals It is agreed that: A. The Definitions section of the Policy is amended by adding the following and apply under this endorsement wherever the term Terrorism, is bold: Terrorism means activities against persons, organizations or property of any nature: 1. That involve the following or preparation for the following: a. Use or threat of force or violence; or b. Commission or threat of a dangerous act; or c. Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and 2. When one or both of the following applies; a. The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or b. It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social or economic objective or to express(or express opposition to)a philosophy or ideology. B. The Exclusions section of the Policy is amended by adding the following: Terrorism alleging, based upon, arising out of, or attributable to directly or indirectly, Terrorism, including action in hindering or defending against an actual or expected incident of Terrorism. toss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to.such Loss. But this exclusion applies only when one or more of the following are attributed to an incident of Terrorism: - 1. The Terrorism is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation or radioactive contamination or 2. Radioactive material is released, and it appears that one purpose of the Terrorism was to release such material;or 3. The Terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 4. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the Terrorism was to release such materials;or 5. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, the Insurer will include all-insured damage sustained by property of all, persons and entities affected.,by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 6. Fifty or more persons sustain death or serious physical injury. For the'.purposes of this provision,serious physical injury means: a. Physical injury that involves a substantial risk of death;or b. Protracted and obvious physical disfigurement; or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of Terrorism which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the thresholds in Paragraphs B5 or B6 are exceeded: With respect to this Exclusion, Paragraphs 135 or 136 describe the threshold used to measure the magnitude of an Incident of Terrorism and the circumstances in which the threshold will, apply, for the purpose of determining whether this Exclusion will.apply;to that incident. When the Exclusion applies to an incident of Terrorism,,there is no coverage under this Policy. In the event,of any`incident of Terrorism that is not subject to this Exclusion, coverage does not apply to Loss that is otherwise excluded under this Policy. All other terms and conditions of this Policy remain unchanged. Gregg C.Rentko,CPCU Authorized Representative TR-16552(10/04) ATT)kCHML-.- -, -',:,T ' 2-,, RESPONSES RECEIVED FROM THE RFQ 1 IDS, Inc. 1 Peters Canyon Road Irvine, CA 949-387-8500 2 John A. Martin & Assoc 1212 South Flower Str Los Angeles, CA 213-483-6490 3 TMAD Taylor& Gaines 100 S. Anaheim Blvd., Ste 150 Anaheim, CA 714-490-5555 4 Miyamoto International 1901 East Alton Ave., Ste 160 Santa Ana, CA 949-597-1170 5 Saiful/Bouquet 385 E. Colorado Blvd., Ste 200 Pasadena, CA 626-304-2616 6 ABS Consulting, Inc. 300 Commerce Dr., Ste 200 Irvine, CA 714-734-4242 7 Nabih Yousef&Assoc 800 Wilshire Blvd., Ste 200 Los Angeles, CA 213-362-0707 8 Degenkolb Engineers 300 South Grand Ave., Ste 1115 Los Angeles, CA 213-596-5000 RCA ROUTING SHEET INITIATING DEPARTMENT: Building & Safety SUBJECT: Contract to Sailful/Bouquet COUNCIL MEETING DATE: May 1, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached El Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Si ned in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached El (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached Not Ap licable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached Not Ap licable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: �j „e CITY OF HUNTINGTON BEACH ire" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 8, 2006 Sampson Huang Saiful/Bouquet Structural Engineering, Inc. 385 East Colorado Blvd., Ste. 200 Pasadena, CA 91101-1923 Dear Mr. Huang: Enclosed for your records is a copy of the Professional Services Contract Between the City of Huntington Beach and Saiful/Bouquet Structural Engineering, Inc. for Seismic Engineering Services for Seismic Upgrade of the Civic Center. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure: Agreement G:followup:agrmtltr (Telephone:714-53"227)