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Home My WebLink AboutWalker Parking Consultants - 2015-02-030CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: J0AN FLYNW-Qity-Clerk-- Name of Contractor: Walker Parking Consultants Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Review of Main Promenade Structure maintenance and improvement needs Amount of Contract: $26,900 Copy of contract distributed to: The original insurance certificate/waiver distributed �_�_ to Risk Management ❑ ihn.itiati l�Dept � Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Sandie Frakes ext 5249 _ Name/Extension City Attorney's Office Date: 3/19/15 G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WALKER PARKING CONSULTANTS FOR PARKING CONSULTING SERVICES FOR MAIN PROMENADE PARKING STRUCTURE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..................................................................................:.......................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance..................................:.........................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WALKER PARKING CONSULTANTS FOR PARKING CONSULTING SERVICES FOR MAIN PROMENADE PARKING STRUCTURE 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 WALKER PARKING CONSULTANTS, a Michigan corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide parking consulting services for the Main Promenade Parking Structure; 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 Steffen Turoff who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professionalsvcs to $49 10/12 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on �" �- , 20A<'(the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 3 years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Twenty Six Thousand Nine Hundred Dollars ($26,900). 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 " agree/surfnet/professionalsvcs to $49 10/12 2 of I I 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfnet/professionalsvcs to $49 10/12 13 of 11 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per claim and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT agree/surfnet/professionalsvcs to $49 10/12 4 of 11 waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all agree/surfnet/professional svcs to $49 10/12 5 of 11 payment of all taxes, social security, state. disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/surfnet/professional svesto $49 10/12 6 of 11 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Kellee Fritzall 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Walker Parking Consultants ATTN: Steffen Turoff 606 S. Olive St., Ste 1100 Los Angeles, CA 90014 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/surfnet/professional svcs to $49 10/12 7of11 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the agree/surfnet/professionalsvcs to $49 10/12 8 of I I provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnet/professional svcsto $49 10/12 9 of 11 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/surfnet/professional svcsto $49 10/12 10 of 11 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, WALKER PARKING CONSULTANTS COMPANY NAME By: print name ITS: (circle one) Chairman/President/Vice President AND BY print name __ ------ ITS: (circle one) Secretary Lrcf Financial Of�Asst. Secretary — Treasurer agreelsurfnet/professional svcs to $49 10/12 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City Manager (Pursuant To HBMC §3.03.100) APPROVED City Attorney Date EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Perform a review of the parking structure to identify and evaluate deterioration conditions and quantities for repair and/or monitoring. Meet with the head of parking operations and produce a draft parking operations plan. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: TASK # 1 -EXISTING DATA REVIEW At the start of this task, we will meet with your staff to review the history of the structure. Review original construction and repair drawings, specifications, manuals, warranties, incident reports, maintenance logs; or other documentation provided by the City. TASK #2 -SITE INVESTIGATION During this task, we will perform a field survey to evaluate current conditions in the parking structure and establish a baseline for the repair and maintenance recommendations. This will include the following: • Floors, columns, beams, walls, ceilings and other structural elements. The visual review will document noticeable distress such as cracks, leaks, spoils, scaling, joint deterioration, expansion joints and other similar adverse conditions. In addition to documenting the nature of noticeable adverse conditions, this review will be utilized to project restoration quantities. ® Delamination testing (chain -drag) survey of. select areas of the supported floor surfaces to evaluate the condition of the concrete floor slabs. EXHIBIT A • Condition of existing waterproofing elements including control joints, expansion joints, traffic topping, sealers and sealants. • Architectural elements including walls and exterior facade. • Mechanical systems relative to the parking areas, including the observable floor drain plumbing system, fire suppression system and ventilation system. • Electrical systems including the observable lighting system and utility room. • Stairs, elevators and walkways along with other similar operational elements. • Other -elements that are noted during the field evaluation. • Plan and coordinate materials testing of concrete samples to assess the current physical and chemical properties of the cast -in -place concrete floor slabs. Tests that will be considered are as follows: • Chloride ion content of concrete powder samples at three equal increments to determine the chloride contamination at I ", 2" and 3" depths of the floor slab. Two locations within the structure will be selected. A total of six individual powder samples will be collected for testing from the structure. • Pachometer survey of reinforced concrete topping and floor slabs at selected locations in each structure to confirm the typical depth of reinforcement and top surface concrete cover. •If we observe concrete deterioration that warrants additional testing, we will identify areas for compressive strength and petrographic analysis of concrete or other testing as appropriate. TASK #3 -DATA ANALYSIS During this task we will compile and review all field and materials test data. Prepare a photo log of the significant items noted during Task#2, generate repair alternatives, EXHIBIT A recommendations and opinion of probable costs of construction. TASK #4- EVALUATION REPORT The evaluation report will include our findings, conclusions, and prioritized list of recommendations for repairing, maintaining and enhancing your parking structure. We will provide you with a draft report and meet with you to discuss our recommendations. After this review, we will issue to you the final report. TASK #5 -IMPLEMENTATION SCHEDULE (CIPP) After completing the evaluation of the parking structure, we will design a Ten -Year Conceptual Maintenance/Repair Implementation schedule. This Ten -Year schedule can serve as your planning and budgeting tool for current and future repair/maintenance activities in the parking facility. The ten year projection will allow planning and budgeting for the unique needs of the structure. ITEM II: PARKING OPERATIONS PLAN 1. Meet with the head of parking operations and receive related city documents to better understand current procedures and policies for managing operations for the following: a. Typical daily/transient parking operations including current validation policies; b. Employee/monthly parking operations; c. Event parking operations; d. Camping in the City's beach lots; EXHIBIT A 2. Review the existing technology and staffing plan in place used to administer the current parking plan and consider the appropriate. technology necessary for current needs. 3. Make up to three site visits to observe the current parking operation; 4. Create a draft parking operations plan that addresses each of the four parking user groups in (A - D in Task 1 above). The draft parking operations plan will consider the current technology that is in place as well as the opportunities to offer an improved plan based on new technology. The evaluation of the capabilities of new technology will be general in nature and not a thorough analysis or specification of new parking technology for the system. 5. Review plan with the City's head of parking operations; 6. Receive one set of consolidated comments on the draft parking operations plan and submit a finalized Parking Operations Plan for public parking. C. CITY'S DUTIES AND RESPONSIBILITIES: Assist and provide information and access to staff as needed. D. WORK PROGRAM/PROJECT SCHEDULE: :W EXHIBIT A EXHIBIT `B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been Exhibit B brought into compliance, or until this Agreement has expired or is terminated as provided herein. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) We will perform the work outlined in the above scope of services for a lump sum fee of $26,900 as outlined in the table below, which includes all. typical expenses. Item/Phase Proposed Fee I. Parking Structure Evaluation Assessment 110,500 CIPP $3,000 Materials Testing 1,000 Toti7parking Structure Evaluation $14,500 ll. Parking Operations Plan $12,400 TOTAL FEE PROPOSED $26,900 Work performed outside of the above scope of services may require additional fees, but no additional fees will be charged without the express authorization of the City of Huntington Beach 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Exhibit B 4. Any' billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain, all of the information required above, and- in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate .and apart from the ongoing performance of the remainder of this Agreement. Exhibit B IFA SU i" INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST „r� a 1, Requested by: Office of Business Development 2. Date: 12-8-14 3. Name of contractor/permittee: Walker Parking Consultants 4. Description of work to be performed: Review and Analysis of parking structure, reccomendation on operations. 5. Value and length of contract: 1 year/ NTE $26,900 6. Waiverlmodification request: Change to a per claim basis 7. Reason for request and why it should be granted: Consultant coverage is on a per claim basis versus per occurnace basis. 8. Identify the risks to the City in approving this waiver/modification: None 12-8-'14 Department Hea ignature Date: APPROVALS Approvals must. be obtained.in the order listed on this form. Two approvals are required for a request to be granted.. Approval from the City Administrator's .O€fice is.only required if Risk Management tad e City Attorney's Office disagree. 1, Management ❑ Denied VApproved Signature Da e 2. Ciity,,��Attorney's Office _.r L' /A`pproved ❑ Denied t f. ; _ 1 Signatu Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waivertmodification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be ,filed with the Risk Management Division of Human Resources Insurance Waiver Form.dOG 12/22/2014 5:20:00 PM ® AI CERTIFICATE OF LIABILITY INSURANCE DATE(NIADDlYYYY) 7/8/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER - Professional Concepts Insurance Agency, Inc. 1127 South Old US highway 23 Brighton MI 48114-9861 NAMCONTACT certsepciaonline. COm E' PNoxls (800) 969-4041 arc o. (0001969-4061. M...Certg2gaigonline.com - INSURERS) AFFORDIN42COVERAGE NAIC# INSURERA:Travelers indemnity Ca 25658 INSURED WALKER PARKING CONSULTANTS / ENGINSERS,INC 606 S OLIVE STREET SUITE 1100 LOS ANGELES CA 90014 INSURER B:TraveIera Indmenity Co 25658 1NsURERc.-Travelers Indemnity Co 25658 INSURER D -.Travelers Property & Casualty 5674 INSURERF:XG Specialty Ins. Co. 13.7885 1 INsuRFRF: COVERAGES CERTIFICATE NUMBER:14-15 #37 $1PL $2UMB REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IiSR TYPE OF INSURANCE SU R pOLICYhVIMBER POUCY EFF MWDD POLICY EXP I MMn LIMITS GENERALLLABILITY EACH OCCURRENCE $ 111000,000 X COMMERCIAL GENERALLIABLITY DAMAGE TO PREMISESEaEoc"Mr-00 $ 300,000 MEDEYP ate ) S 5,000 A CLAIMS-MADEnCCWR X Y 6801839LS33 /23/2014 /23/2015 PERSONAL&ADV INJURY -$ 11000,000 X CONTRACTURAL LEA$ 68018471,188 - CA X X,C,U, GENERAL AGGREGATE $ 2,000,000 6802303LB28 - FL GENLAGGREGATE UMfT APPLIES PER: PRODUCTS- COM P.OP AGG $ 21000,000 AC2184SL308 - TX S JECTPOLICY X PRO- LOC AUTOMOBILELIA131UTY COMBINE NGLEUMIT S 1,000,000 BODILY INJURY (Pet p3tson) S X ANY AUTO B AiO1ED INED X Y A4887N564 /23/2014 1231201_5 aMLY4NJURY(Peaasdkn) $ LNHCEO HIREDAUTOS AUTOS DAMAGE y P� ccWerAl S toedwN wa wdA,to S 1 000 000 X UM9I ELULLtAB X OCCUR '�f`` J EACH OCCURRENCE $ 2,000,000 AGGREGATE S 21000,000 `, EXCESS LMS CANS -MADE DEO X RETENT1014S 10100 S Y PID319744 /23/2014 /23/2015 Q WORI(ERS COMPENSATION y X TRR STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOWARTHERIEXECUTIVE I E.L.EACH ACCIDENT $ 1,000,000 E.L.WEASE- EA EMPLOYEE S 1, 000 0 0 D OFHdator EMBER IXCLUD£D? (Mandatory In NH) NIA 3121T829 /23/2019 /23/2015 E_LDISEASE - POI ICY (!?Alf $ 11000,000 Uyy desaitet OEStiRI1040F0PEPAT10NSbdaH ---- DUB3721T92214 CA E PROFESSIONAL LIABILITY DPR9714492 /23/2019 /23/2015 PER CLAIM $ 1,000,000 AGGREGATE $ 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHIGLES (Attach ACORD TOf.Addiltonal Remarks Schedule, If more space is required) City of Huntington Beach 5th Street Feasibility Study, Project No. 37-0400.00; The City, its officers, elected or appointed officials, employees, agents and volunteers are considered additional insured's with respects to general and auto liability coverage as long as required within a written contract. Waiver of subrogation in favor of certificate holder and additional insured's as long as required within a written contract. Coverage is considered primary and non-contributory where applicable. 30 day written notice provided to certificate holder and additional insured's for cancellation of coverages listed. 10 day notice for nonpayment of listed policies. City of Huntington Beach Attn: Ms. Kellee Fritaal 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL SE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cosgrove/LYNDIE - 'c%z</ � a ACORD 25 (2010106) U1SUtt-1UTU AGUKU GUKYUtiAIIUN. All rtgnts re5Urvea. IbIgn1r 'r" A.—r%Cr%---- .. A 1 -4 Arrnon Policy No. BA488!t I5b4 Policy Period: 05/23f2014-05123/2015 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided underthe following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph 5. Transfer of Rights Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: S. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident' or 'loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver ap- pfles only to the person or organtzation desig- nated in such contract. CA T3 40 08 06 0200B The Travelers Companies,1w, Page 1 of 1 Policy No. BA4887N564 6 Policy Period: 05123/2014-05/23/2015 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. The following Is added to the Section 11 — Liability Coverage, Paragraph A.11. Who Is An Insured Pro- vision: Any person or organization that you are required to Include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this Insurance applies and only to the extent that person or organization qualifies as an 'Insured" under the Who Is An Insured provision contained In Section II, CA T4 37 08 08 02008The Travelers Companies. Inc. 003M Page i of I Polity f 6801847L788 - CA Insured: Walker Parking Consutants Engineering, Inc. Policy Period: 0512312014-0512312015 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened blamed Insured B. Incidental Medical Malpractice C. Reasonable Force — Bodily Injury Or Property Damage D. Non -Owned Watercraft — Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Extension Of Coverage — Damage To Premises Rented To You G. Malicious Prosecution — Exception To Knowing Violation Of Rights Of Another Exclusion H. Medical Payments Limit 1. Increased Supplementary Payments J. Additional Insured — Owner, Manager Or Lessor Of Premises K. Additional Insured — Lessor Of Leased Equipment L. Additional Insured — State Or Political Subdivi- sions — Permits Relating.To Premises M. Additional Insured — State Or Political Subdivi- sions — Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1, of the Com- mon Policy Declarations is amended as fol- lows; The person or organization named in Item 1. of the Common Policy Declarations and any organization, other than a partnership, joint venture, limited liability company or trust, of which you are the sole owner or in which you maintain the majority ownership interest on the effective date of the policy. However, N. Additional Insured — Architect, Engineer Or Surveyor 0. Who Is An Insured — Newly Acquired Or Formed Organizations P. Who Is An Insured — Unnamed partnership Or Joint Venture — Excess Q. Per Project General Aggregate Limit R. Knowledge And Notice Of Occurrence Or Offense S. Unintentional Omission T. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Con- tract Or Agreement U. Amended Bodily injury Definition V. Amended Insured Contract Definition -- Railroad Easement W. Amended Property Damage Definition —Tangible Property X. Additional Definition — Contract or Agreement Requiring Insurance coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership interest in, such organization. 2. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to Paragraph 1.Insur- ing Agreement of COVERAGE A BODILY CG D3 79 09 07 0 2007 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY INJURY AND PROPERTY DAMAGE LI- C. REASONABLE FORCE — BODILY INJURY OR ABILITY in COVERAGES (Section 1): PROPERTY DAMAGE "Bodily injury' arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, 'first aid' or 'Good Sa- Paragraph 2. Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE co -'employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section 1) is de - deemed to be caused by an "occurrence". leted and replaced by the following: For the purposes of determining the applica- Expected Or Intended Injury Or Damage ble limits of insurance, any act or omission together with all related acts or omissions in "Bodily injury" or "property damage" expected or the furnishing of the services to any one per- intended from the standpoint of the insured. This son will be deemed one "occurrence'. exclusion does not apply to "bodily injury' or "property damage" resulting from the use of rea- 2. As used in this Provision B.: sonable force to protect any person or property. a. 'First aid' means medical or nursing ser- D. NON -OWNED WATERCRAFT — INCREASED vice, treatment, advice or instruction; the TO UP TO 75 FEET related furnishing of food or beverages; the furnishing or dispensing of drugs or 1. The exception contained in Subparagraph (2) medical supplies or appliances; of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A b. 'Good Samaritan services' means those BODILY INJURY AND PROPERTY DAM - medical services rendered or provided In AGE LIABILITY in COVERAGES (Section l) an emergency and for which no remu- is deleted and replaced by the following: neration is demanded or received. (2) A watercraft you do not own that is: 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not apply to any of your 'employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph 2. Only as respects the insurance provided by 1. above and while acting within the scope of this Provision D., WHO IS AN INSURED their employment by you. Any such "employ ees" rendering 'Good Samaritan services" (Section Iq is amended to include as e Will be deemed to be acting within the scope cured any parson who, with your expressed ed of their employment by you. or implied consent, either uses or is respon- sible for the use of the watercraft. 4. The following exclusion is added to Para 3. The insurance provided by this Provision D. graph 2. Exclusions of COVERAGE A BOD- shall be excess over any valid and collectible ILY INJURY AND PROPERTY DAMAGE other insurance available to the Insured, LIABILITY in COVERAGES (Section 1): whether primary, excess, contingent or on Sale of Pharmaceuticals any other basis, except for insurance pur- "Bodily injury" or "property damage" arts- chased specifically by you to apply in excess Ing out of the willful violation of a penal of the Limits of Insurance shown in the Decla- statute or ordinance relating to the sale of rations for this Coverage Part. pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured. 1. The following is added to the exceptions con- 5. The Insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Paragraph 2. Exclusions of other insurance available to the insured, COVERAGE A BODILY INJURY AND whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COV- any other basis, except for insurance pur- ERAGES (Section 1): chased specifically by you to apply in excess Aircraft chartered with crew, including a pilot, of the Limits of insurance shown in the Decla- to any insured. rations for this Coverage Part. Page 2 of 8 1 0 2007 The Travelers Canpanlas, Ina. CG D3 79 09 07 2. This Provision E. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision E. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of insurance shown in the Decla- rations for this Coverage Part. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) Is deleted and replaced by the following:. Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by; a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explo- sion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF IN- SURANCE (Section Ill). 2. The insurance under this Provision F. does not apply to damage to premises while rented to. you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph fi. of LIMITS OF INSURANCE (Section lit) is deleted and replaced by the following: Subject to S. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "property damage" to COMMERCIAL GENERAL LIABILITY any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage' proximately caused by the same "occurrence', whether such dam- age results from; fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $1,000,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. Paragraph a. of the definition of "insured con- tract' in DEFINITIONS (Section V) is deleted and replaced by the following: a. A contract for a tease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract"; 5. This Provision F. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section 1) is excluded by another endorsement to this Coverage Part. G. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF AN- OTHER EXCLUSION The following is added to the Knowing Violation Of Rights Of Another Exclusion In 2. Exclu- sions of COVERAGE B PERSONAL INJURY, ADVERTISING INJURY AND WEB SITE IN- JURY LIABILITY of the WEB XTEND LIABILITY Endorsement: This exclusion does not apply to "personal Injury" caused by malicious prosecution. CG 03 79 09 07 0 2007The Travelers GaManies, In,- Page 3 of 8 COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT The Medical Expense Limit shown in the Declara- tions for this Coverage Part is increased to $10,000. 1. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B in COV- ERAGES (Section 1) are amended as follows: 1. In Paragraph 1.b., the amount we will pay for the cost of bait bonds is increased to $2500. 2. In Paragraph 1 A., the amount we will pay for toss of earnings is increased to $500 a day. J. ADDITIONAL INSURED — OWNER, MANAGER OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section 11) is amended to include as an insured: Any person or organization that you have agreed in a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury" or "property damage' that occurs, or "personal injury" caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the "bodily Injury`, "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that contract or agreement. 2. The insurance provided to such additional insured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The Insurance afforded to such additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations perfonried by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision J. does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another en- dorsement to this Coverage Part, K. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT 1. WHO IS AN INSURED (Section 11) is amended to include as an insured: Any person or organization that you have agreed In a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The insurance provided to such additional insured under this Provision K. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional Insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or Page 4 of 8 0 2007 The Travelers companies. Inc. CG D3 79 09 07 (2) if the equipment is [eased with an operator. 3. This. Provision K. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cov- erage Part. L. ADDITIONAL INSURED. -STATE OR POLITI- CAL SUBDIVISIONS - PERMITS RELATING TO PREMISES The following is added to Paragraph 2. of WHO IS AN INSURED (Section 11) to include as an insured: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only with respect to "bodily Injury", "property damage", "personal injury" or "advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit. M. ADDITIONAL INSURED - STATE OR POLITI- CAL SUBDIVISIONS - PERMITS RELATING TO OPERATIONS The following is added to Paragraph 2. of WHO IS AN INSURED (Section 11) to include as an insured: Any state or political subdivision that has issued a permit, but only with respect to "bodily injury", "property damage', 'personal injury" or "advertis- ing injury" arising out of operations performed by you or on your behalf for which that state or po- litical subdivision has issued such permit, How- ever, no such state or political subdivision is an insured for: 1. "Bodily injury", "property damage", "personal injury' or "advertising injury" arising out of operations performed for that state or political subdivision; or 2. "Bodily injury" or 'property damage' included within the "products - completed operations hazard'. COMMERCIAL GENERAL LIABILITY N. ADDITIONAL INSURED - ARCHITECT, ENGI- NEER OR SURVEYOR 1. The following is added to Paragraph 2. of WHO IS AN INSURED (Section 11) to include as an insured: Any architect, engineer or surveyor engaged by or for you that you agree In a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" that is caused, in whole or in part, by acts or omissions of you or any person or organiza- tion acting on your behalf in connection with your premises or "your work". 2. This Provision N. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cov- erage Part, 0. WHO IS AN INSURED- NEWLY ACQUIRED OR FORMED ORGANIZATIONS 1. Paragraph 4.a. of WHO IS AN INSURED (Section 11) is deleted and replaced by the following: a, Coverage under- this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever Is earlier. Any such newly acquired or formed organiza- tion that you report in writing to us within 180 days after you acquire or form the organization will be covered under this provision until the end of the policy pe- riod, even if there are more than 180 days remaining until the end of the policy period; 2. This Provision 0. does not apply to any or- ganization for which coverage is excluded by another endorsement to this Coverage Part. P. WHO IS AN INSURED- UNNAMED PART- NERSHIP OR JOINT VENTURE - EXCESS 1. The last paragraph of WHO IS AN INSURED (Section 11) is deleted and replaced by the fallowing: No person or organization Is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Common Policy Declarations, CG 03 79 09 07 0 2007 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to your liability with respect to your conduct of the business of any current or past partner- ship or joint venture: a. That is not shown as a Named Insured in the Common Policy Declarations, and b. In which you are a member or partner where each and every one of your co - ventures in that joint venture is an archi- tectural, engineering, or surveying firm. 2. This Provision P. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. 3. The insurance provided by this Provision P. shall be excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that Is not shown as a Named Insured in the Common Policy Declarations and which is issued to such partnership or joint venture. Q. PER PROJECT GENERAL AGGREGATE LIMIT 1. Paragraph 2. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under Cov- erage A and for all medical expenses caused by accidents under Coverage C which cannot be attributed only to opera- tions at a single "project". 2. The following is added to LIMITS OF IN- SURANCE (Section III): A separate Per Project General Aggregate Limit applies to each "project" for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A and for all medical ex- penses caused by accidents under Coverage C which can be attributed only to operations at a single "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part. Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Project Gen- eral Aggregate Limit for that "project", but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "project"; b. The General Aggregate Limit; or c. The Products -Completed Operations Ag- gregate Limit. The limits shown in the Declarations for this Coverage Part for Each Occurrence, Dam- age To Premises Rented To You and Medical Expense are also subject to the Per Project General Aggregate Limit when the Per Pro- ject General Aggregate Limit applies. 3. As used in the Provision Q.: "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or premises whose connection Is interrupted only by a street, roadway, waterway or right- of-way of a railroad shall be considered a sin- gle "project". R. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an "occurrence" or of an offense which may result In a claim must be given as soon as practicable after knovedge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Page 6 of 8 0 2007 The Travelers Companies, Inc. CG D3 79 09 07 Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who Is an Individ- ual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice discovers that the "occurrence" or offense may involve this policy. S. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of COMMERCIAL GENERAL_ LIABILITY CONDITIONS (Section IV): The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in Issuing this pol- icy shall not prejudice your rights under this insurance. 2. This Provision S. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. T. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACTOR AGREEMENT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage', "personal injury" or 'advertising injury" arising out of: 1, Premises owned by you; temporarily occu- pied by you with permission of the owner, or [eased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Your work"; or COMMERCIAL GENERAL LIABILITY 4. "Your products". We ► waive these rights only where you have agreed to do so as part of a contract or agree- ment entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense or "adver- tising injury" offense is committed. U. AMENDED BODILY INJURY DEFINITION The definition of "bodily injury" in DEFINITIONS (Section V) is deleted and replaced by the follow- ing: "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; b. Mental anguish, Injury or illness, or emotional distress, resulting at any lime from such physical harm, sickness or disease; or c. Care, loss of services or death resulting at any lime from such physical harm, sickness or disease. V. AMENDED INSURED CONTRACT DEFINITION — RAILROAD EASEMENT 1. Subparagraph c, of the definition of "insured contract" in DEFINITIONS (Section V) is de- leted and replaced by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of 'in- sured contract" in DEFINITIONS (Section V) is deleted. W. AMENDED PROPERTY DAMAGE DEFINITION —TANGIBLE PROPERTY The definition of "property damage" In DEFINI- TIONS (Section V) is deleted and replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use .of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence' that caused It. For the purposes of this insurance, tangible prop- erty does not include data. CG D3 79 09 07 0 2007 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY X. The following definition is added to SECTION V— DEFINITIONS: "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury° is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement Is in effect; and c. Before the end of the policy period. Page 8 of 8 0 2007The Travelers Companies, Inc. CG D3 79 09 07 CITY OF HUNTINGTON BEACH Professional Service Approval Finance Department Date: 11/25/2014 Project Manager Name: Kellee Fritzal Requested by Name if different from Project Manager: Ken Domer Department: Economic Development PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Professional services for review of Main Promenade Parking Structure maintenance and improvement needs and completion of Parking Operations Plan. 2) Estimated cost of the services being sought: $ 26,900 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ® MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the ans to this question is "No," the contract will require approval from the City Council.) /_ ®Yes, ❑No Fiscal Services Manager (Purchasing Approval) ZZ Z- JV Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object # Year 1(estimate) Year 2 (estimate) Year 3(estimate) 3088010169365 $26900 $0 $0 � Budget Approval Head Sign4ure(s) Direcfo/ f Finar%e's`Signature Assis anager's Signature Lc9o,4- ., Date 0-1T- PW Date Date Date APPROVED��E APPROVE S TO FORM /CityrManager's Signature Z Z� Date psa - part i walker parking.docx Mlcpaal alta, City REV: December /2013 0 CITY Y F HUNTINGTON BEACH T Professional Service Approval Fora RECEIVED PART II DEC 02 2014 Date: 11/25/2014 Project Manager: Kellee Fritzal Finance Department Requested by Name if different from Project Manager: Ken Domer Department: Economic Development PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Walker Parking Consultants 2) Contract Number: ECD 2-014 - `> i (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $26,900 Account number Contractual Dollar Amount Business unit. object # Year 1(estimate) Year 2 (estimate) Year 3(estimate) 3088010169365 $26,900 $ $ 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhib B, whZdesbes the payment terms of the contract. , Fiscal Serv' -. anager ( rchasing) Date Budget MAager Approval Signature 6ate Director of Finance (or designee) Signature /Dat6 professional service approval form - part ii.doc REV: December /2013 WAJLKER PAWING CONSULTANTS November 24, 2014 Mr. Ken Domer Assistant City Manager City of Huntington Beach Transmitted via email: ken.domer@surfcity-hb.org Re: Proposal for Parking Consulting Services Main Promenade Parking Structure Huntington Beach, CA Dear Ken: 606 South olive Street, Suite 1 100 Los Angeles, CA 90014 office: 213.488.4911 Fax: 213.488.4963 www.walkerparking.com Thank you for the opportunity to discuss the issues of the Main Promenade Parking Structure with you and your staff and now to provide the following proposal to you. Walker Parking Consultants ("Walker") is pleased to submit for your review the following proposal to analyze current conditions and provide recommendations for specific improvements to the City's Main Promenade Parking Structure. As the largest firm in the world solely devoted almost exclusively to parking consulting services, we appreciate the opportunity to provide the City of Huntington Beach with high value services and the answers you need to provide parking to the public. PROJECT UNDERSTANDING The City of Huntington Beach's 825-space Main Promenade Parking Structure ("Structure") is the largest parking structure serving the Downtown area. Built over 25 years ago, the structure is in need of a condition assessment to help maximize its useful life and prevent costly, yet preventable repairs. In addition to the physical and infrastructure of the Parking Structure, proposed gradual changes in demand and management strategies over the years were in many cases not implemented as part of an overall parking plan. The City is seeking a parking consultant to provide analysis and assistance to make recommendations to address each of these issues. Based on this understanding of the City's needs, Walker proposes the following scope of services: c: \users\turofPs \desktop\h un tington beach \proposanitrproposal_kdom er_stru ctureevoluation_opera ti on_20141 124. do cx PJLK Mr. Ken Domer PAWNG CONSULTANTS November. 2Page ge 2 P2 SCOPE OF SERVICES ITEM I: PARKING STRUCTURE EVALUATION Perform a review of the parking structure to identify and evaluate deterioration conditions and quantities for repair and/or monitoring. TASK # 7 - EXISTING DATA REVIEW At the start of this task, we will meet with your staff to review the history of the structure. Review original construction and repair drawings, specifications, manuals, warranties, incident reports, maintenance logs, or other documentation provided by the City. TASK #2 - SITE INVESTIGATION During this task, we will perform a field survey to evaluate current conditions in the parking structure and establish a baseline for the repair and maintenance recommendations. This will include the following: • Floors, columns, beams, walls, ceilings and other structural elements. The visual review will document noticeable distress such as cracks, leaks, spalls, scaling, joint deterioration, expansion joints and other similar adverse conditions. In addition to documenting the nature of noticeable adverse conditions, this review will be utilized to project restoration quantities. • Delamination testing (chain -drag) survey of select areas of the supported floor surfaces to evaluate the condition of the concrete floor slabs. • Condition of existing waterproofing elements including control joints, expansion joints, traffic topping, sealers and sealants. • Architectural elements including walls and exterior facade. • Mechanical systems relative to the parking areas, including the observable floor drain plumbing system, fire suppression system and ventilation system. • Electrical systems including the observable lighting system and utility room. • Stairs, elevators and walkways along with other similar operational elements. • Other elements that are noted during the field evaluation. • Plan and coordinate materials testing of concrete samples to assess the current physical and chemical properties of the cast -in -place concrete floor slabs. Tests that will be considered are as follows: ➢ Chloride ion content of concrete powder samples at three equal increments to determine the chloride contamination at 1 ", 2" and 3" depths of the floor slab. Two locations within the structure will be selected. A total of six individual powder samples will be collected for testing from the structure. Mr. Ken Domer WALKER November 24, 2014 PARKING CONSULTANTS Page 3 ➢ Pachometer survey of reinforced concrete topping and floor slabs at selected locations in each structure to confirm the typical depth of reinforcement and top surface concrete cover. ➢ If we observe concrete deterioration that warrants additional testing, we will identify areas for compressive strength and petrographic analysis of concrete or other testing as appropriate. TASK #3 - DATA ANALYSIS During this task we will compile and review all field and materials test data. Prepare a photo log of the significant items noted during Task#2, generate repair alternatives, recommendations and opinion of probable costs of construction. TASK #4 - EVALUATION REPORT The evaluation report will include our findings, conclusions, and prioritized list of recommendations for repairing, maintaining and enhancing your parking structure. We will provide you with a draft report and meet with you to discuss our recommendations. After this review, we will issue to you the final report. TASK #5 - IMPLEMENTATION SCHEDULE (CIPP) After completing the evaluation of the parking structure, we will design a Ten -Year Conceptual Maintenance/Repair Implementation schedule. This Ten -Year schedule can serve as your planning and budgeting tool for current and future repair/maintenance activities in the parking facility. The ten year projection will allow planning and budgeting for the unique needs of the structure. ITEM II: PARKING OPERATIONS PLAN Meet with the head of parking operations and receive related city documents to better understand current procedures and policies for managing operations for the following: a. Typical daily/transient parking operations including current validation policies; b. Employee/monthly parking operations; c. Event parking operations; d. Camping in the City's beach lots; 2. Review the existing technology and staffing plan in place used to administer the current parking plan and consider the appropriate technology necessary for current needs. 3. Make up to three site visits to observe the current parking operation; WALKER Mr. Ken Domer PARKING CONSULTANTS November 24, 2014 4 Page 4 4. Create a draft parking operations plan that addresses each of the four parking user groups in (A - D in Task 1 above). The draft parking operations plan will consider the current technology that is in place as well as the opportunities to offer an improved plan based on new technology. The evaluation of the capabilities of new technology will be general in nature and not a thorough analysis or specification of new parking technology for the system. 5. Review plan with the City's head of parking operations; 6. Receive one set of consolidated comments on the draft parking operations plan and submit a finalized Parking Operations Plan for public parking. This item does not include a financial audit, specific projections of the number of parking spaces to be allocated to different parking -user groups, or a full analysis or specification of new parking access and revenue control systems (PARCS) for the garage or parking system. SCHEDULE We expect to begin work within three weeks of the signing of this proposal and anticipate the delivery of a draft report for each of the two items within 60 days of the signing of the proposal. PROFESSIONAL FEE We will perform the work outlined in the above scope of services for a lump sum fee of $26,900 as outlined in the table below, which includes all typical expenses. Item/Phase Proposed Fee I. Parking Structure Evaluation Assessment $10,500 CIPP $3,000 Materials Testing $1,000 Total Parking Structure Evaluation $14,500 II. Parking Operations Plan $12,400 TOTAL FEE PROPOSED $26,900 Work performed outside of the above scope of services may require additional fees, but no additional fees will be charged without the express authorization of the City of Huntington Beach Mr. Ken Domer 41 PARKING CONSULTANTS November 2Page ge 5 P5 It is our goal to provide you the services and information necessary to inform and complete your project successfully. If any part of our proposal does not meet your needs, we will work to adjust our proposal to do so. Thank you for your consideration. Sincerely, WALKER PARKING CONSULTANTS Steffen Turoff Daniel R. Johns, P.E. Department Head, Planning Studies Vice President SIT Enclosures: General Conditions of Agreement for Consulting Services AUTHORIZATION Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return a signed original of this agreement for our records. City of Huntington Beach Accepted by (Signature): Printed Name: Title: Date: GENERAL CONDITIONS OF AGREEMENT WALKER FOR CONSULTING SERVICES 46 PARKrGCONSIILTA -TS SERVICES Walker Parking Consultants ("WALKER") will provide the CLIENT professional services that are limited to the work described in the attached letter ("the services"). Any additional services requested will be provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided solely in accordance with written information and documents supplied by the CLIENT, and are limited to and furnished solely for the specific use disclosed to us in writing by the CLIENT. No third -party beneficiary is contemplated. All documents prepared or provided by WALKER are its instruments of service, and any use for modifications or extensions of this work, for new projects, or for completion of this project by others without WALKER's specific written consent will be at CLIENT's sole risk. PAYMENT FOR SERVICES This amount will be credited to the last invoice(s) sent to the CLIENT. WALKER will submit monthly invoices based on work completed. Payment is due upon receipt of invoice. If for any reason the CLIENT does not deliver payment to WALKER within thirty (30) days of date of invoice, WALKER may, at its option, suspend or withhold services. The CLIENT agrees to pay WALKER a monthly late charge of one and one half percent (1'/2%) per month of any unpaid balance of the invoice. STANDARD OF CARE WALKER will perform the services in accordance with generally accepted standards of the profession using applicable building codes in effect at time of execution of this Agreement. WALKER's liability caused by its acts, errors or omissions shall be limited to the fee or $10,000, whichever is greater. Any estimates or projections provided by WALKER will be premised in part upon assumptions provided by the CLIENT. WALKER will not independently investigate the accuracy of the assumptions. Because of the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results and such variations may be material. As such, WALKER makes no warranty or representation, express or implied, as to the accuracy of the estimates or projections. PERIOD OF SERVICE Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT or (2) thirty (30) days after final documents are delivered to the CLIENT. cAusers\turoffs\desktop\huntington beach \proposal\Itrproposal_kdomer_structureevoluotion_opera tion_20141124.docx Attachment #J"S - CITY :OF::HUNTINGT6NBEACH,D'-:.-" PROFESSIONAL SERVICES LISTING�- FISCAL YEAR 2014/15 9" '!City Manager Requestor Name I Part I (Bid) Date Req $ Part 11 (Award) Date Vendor Term Amt Amend # Date Term Amt Division or -Fund Description Amouiit?p 1:: General Fund (100) Professional services including local governmental membership, state and federal consulting/lobbying services, financial consulting, graphic services, legal services and other consulting and professional services related to business development, real estate services, public information, marketing and other administrative professional services. T Baker K Domer Subtotal 10/06/14 0 10/06/14 Curt Pringle & Assoc 10/09/14 Civic Solutions 30,000 9,000 39,000 $227,545 $218,545 0 CDBG (815, 855-863, 962, 1208) Compliance Consultant/CDBG/HOME Consultant/Legal Services T Baker Subtotal 10/06/14 0 12/02/14 Karen Warner Assoc 37,000 37,000 $495,301 0 Parking In -Lieu (308) Parking Consultant/Engineering K Domer 12/0714 12/02/14 Walker Parking ConSL 26,900 $23,100 ISubtotal Total Professional Services 0 1 0