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ENGINEERING RESOURCES OF SO. CAL - 2003-12-15
V �l Rr v.,r 2006 AM] 2 Ali 8: 39 Cll*Y OF SEACW Council/Agency Meeting Held:= Q Deferred/Continued to: )a A proved ❑Conditionally Approved ❑ Denied V City s Si natur Council Meeting Date: 6/19/2006 Department I Number: PW 06-039 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: ' HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PE�LO�LBRETH-GR4D'EC INISTRATO PREPARED BY: ROBERT F. BEARDSLEY, P, R OF PUBLIC WORKS SUBJECT: Approve Amendment #3 to Engineering Resources Agreement for Development Processing Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Anticipated temporary staffing deficiencies in the Public Works Development Services section may be avoided with the continued use of contract services. An amendment to the agreement with Engineering Resources of Southern California, Inc. will allow for the continued timely processing of development plans. Funding Source: Funds in the amount of $600,000 are available in Fiscal Year 2005/06 and proposed Fiscal Year 2006/07 budgets in the General Fund, Public Works Development Services, Professional Services Account No. 10085251.69365. Recommended Action: Motion to: 1. Authorize an exemption to Section 3.03.120 of the Huntington Beach Municipal Code to allow extension of a professional services contract beyond the term of three years; and 2. Approve and authorize the Mayor and City Clerk to execute Amendment #3 to the Agreement between the City of Huntington Beach and Engineering Resources of Southern California for Plan Check and Development Services Alternative Action(s): Do not authorize the amendment and direct staff to request proposals. This action will expend additional staff resources and potentially delay development processing. • REQUEST FOR ACTION• MEETING DATE: 6/19/2006 DEPARTMENT ID NUMBER:PW 06-039 Analysis: The Public Works Department Development Services Section is anticipating a. temporary shortage of staffing in the near future due to the unavoidable loss of key personnel. Engineering Resources of Southern California, Inc., has provided high -quality plan check and development processing services for the past three years. They have been instrumental in managing the Verizon Fiber -To -The -Premises project, the Bella Terra, Boeing Community Facilities Districts (CFD) and Boeing CFD, and providing plan check services. It is anticipated they will assist with the Pacific City CFD. Amendment No. 3 extends the existing agreement for one year, and adds up to 600 hundred thousand dollars ($600,000). Full staffing is anticipated by January 2007; however, Engineering Resources will be retained for specialized services as necessary. Public Works Commission Action: Not required Environmental Status: Not applicable Attachment(s): 1. Amendment No. 3 to the Agreement with Engineering Resources of Southern California G:\R C A\2006\06-039 June 19 Daily (Amendment #3 for Engineering Resources).doc -2- 6/8/2006 11:21 AM ATTACHMENT #1 AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA FOR PLAN CHECK AND DEVELOPMENT SERVICES THIS AMENDMENT NO. 3 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement dated December 15, 2003, entitled "Professional Services Contract Between the City of Huntington Beach and Engineering Resources of Southern California, Inc. for Plan Check and Development Processing Services" which agreement shall hereinafter be referred to as the "Original Agreement;" and City and Consultant wish to amend the Original Agreement as follows, NOW, THEREFORE, it is agreed by City and Consultant as follows: TERM; TIME OF PERFORMANCE The Original Agreement shall expire on December 31, 2007, unless further extended by mutual written agreement of the parties, or sooner terminated as provided in the Original Agreement. 2. COMPENSATION Paragraph 4 is hereby amended to read as follows: 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, a fee, including all costs and expenses, not to exceed Six Hundred Thousand Dollars ($600,000.00). 06-25 1/ 1998 3. 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 their authorized officers on `�.%rd{ Y,95- ��, _2006. ENGINEER SOURCES OF CITY OF HUNTINGTON BEACH, a SOUTHERNV'A ORNIA, INC. municipal corporation of the State of California By: John M. Brudin, P.E., President print name ITS: (circle one) Chairma PresidentNi President Mayor AND YL = ' By: V.P.y --- 1 le b�26 0 �ti Michael J. S arns, P.E., ;•� n ame IROVED AS TO FORM: ITS: (circle on) Secretary/ hief Financial Officer/As Secretary - Treasurer Cit Attorney 4is/pG 5(261oL � REVIEWED AND APPROVED: Cit Administrator 06-251 / 1998 . 2 (111 ED APPROVED: /Director of Public Works l!J/ 1`t/ VJ VVlI11111LL�G 1. —/ 1 T 1'SJJV JL IL rfj L/ J —1 <% w MORD CERTIFICATE OF LIABILITY INSURANCE DATE INADIYY)) 09/14/OS PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cavignac T. Associates w ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 450 B Street, Suite 1800 San Diego, CA 92101-8005 Dorothy Amundson t/�/ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Engineering Reaources � Coy IJSIIRERAX.S. Specialty Insurance Company INSL)itERB.St. Paul Protective Insurance Company 3550 E. Florida Avenue Suite B �/`Y4`/ /Gy`A%- INSURETTC:Uuited States Fidelity 4 Guaranty Company WSIRERD' Hemet, CA 92544 I�(�6E/T 24SUR92E: . Fare Pl:):7_TrT�9 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. USK TYPE OF RISURANLE POLICY NUMBERPOLICY EFFECTIVE POLICY EXPIRATIONJIML 1JW75 C GENERALuASIUTY BKO1196862 09/01/05 09/01/06 EACH OCCURRENCE ; 1,000,000 FIRE DAMAGE (Any one pre) E 1, 000, 000 Y -RC1AL GENERAL LIABILITY - MED EXP IAny one person 110,000 CLAIMS MADE O OCCUR PERSONAL 8 ADV INJURY i 1, 060 , 000 X Blanket Contractual Y Broad Form GENERAL AGGREGATE $2,000,000 GEN L AGGREGATE LIMIT APPL TES PER: PRODUCTS - COMP/OP AGG $ 2. 000 , 00 0 . POLICY Y PRO- LOC Employee Benefits 1,000,000 C AUTOMOSLELIABIUTY X ANY AUTO � BA03.290786 09/01/05 09/01/06 COMBINED SINGLE LIMIT (Ea eod1eM) $1,000,000 BODILY INJURY (perP_) - f . ALL OY MED AUTOS SCHEDIAEDAUTOS ' BODILY INJURY (Pen acddaA) $ ` HREDAUTOS NON OWNED AUTOS . ' PROPERTY DAMAGE (Per acckw) $ ' GARAGE LIAMUTY AUTO ONLY - EA ACCIDENT E OTHER TFWJ EAACC $ ANY AUTO P OVE AST FO i AUTO ONLY: AGG EXCESS LIABILITY oca,R ❑ cNiaLs MADE WN IFER MI G TH, City Att0 EACH OCCURRENCE i eC�3WGATE $ ��(`f� $ DEDUCTIBLE $ RETENTION $ B WOMLFRS COMPENSATION AND LL EMPLOYERS'LIABITY WVA7733068 09/01/05 09/01/06 X; g�SSTTTRS eR E.L. EACH ACCIDENT $1,000,000 EL_ DISEASE - EA EWIMEE E 1,000,000 E.LDISEASE- POLICY LIMIT $ 1,000,000 OTHER A Professional Liability U9051146801 09/01/05 09/01/06 Each Claim $1,000,000 Aggregate 52,000,000 s DESCRIPTION OF OPEFtAT10 &IUXATIMWVEMCI FSIEICLUMNS ADDED BY ENDORSEMENTfSPC-CW. PROVISIONS -Professional Liability - Claims !lade Form, Aggregate Limit Policy. Defense costs included within Limit of Liability - RE? All Operations. City of Huntington Beach, its Agents, Officers and Employees are named as Additional Insured as respects to General Liability per attached CL/BF 2245 0999. *10 days notice of cancellation for non-payment of premium. r�l a.. nvWGn /Wu11VNAl O�t/UNCY; INiW¢K LCI IkiL: VNItI,CLLf�11VA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF. THE ISSUING INSURER VA I EMAIL •30 DAYS WRITTEN NOTICE TO THE CERTIFICATE "OLDER NAWO TO THE LEFT, Risk Hanagelsent 2000 Main Street>l11�[11C9olX E 1�lWKlQXXXXXXX X.XXXx%%XX=X%%XRXXXXXXXXXXXXXXXYXX Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE USA ACORD 25S (7/97) [Catherine 0ACORD CORPORATION IOAR 3390048 • • Named Insured. Engineering Reaourcea Policy Number: BRollecaca Owners, lessees Or Ca tWors (Form C) AM710HALINSURED Effective:09iolios THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following,- UABIUTY COVERAGE PART. Schedule Name of Person or Organization: City of K=tington Beach, ite Agents, Officers .and Employees RE: All Operationa 1. 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 "sow work for that insured by or for you. 2. With respect to 1. above the following additional provision applies: SECTION IV. 5.Other Insurance is replaced by the following: 5. Other Insurance. The insurance afforded by this Coverage Part is primary insurdance and we will not seek contribution from any valid and ale 'other insurance' available to the insured unless the PROVED AS TO FORM: f E cG TH, City Atto valid and collectible'"other insurance" is provided by a person or organization who is not shown in the schedule. Then we will share with that valid and collectible 'other insurance' by the method described below. If all of the valid and collectible "other insurance' permits conbitwtion by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it- has paid its applicable limit of insurance or none of the loss remains, whichever comes first f any of the valid and collectible "other insurance' does not permit contnbuion by equal shares, we will contrbde by limits. Under this method, each Insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. C11BF 22 45 00 06 hd udes copynglied ffmtu al of hsurance a Services Ofks, hc_ ,wb ik peimicsion. Page 1 of I Copydgtdel, hwrance Services Once, h1.,1984 R-CA ROUTING SHtET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Amendment #3 to Engineering Resources Agreement for Development Processing COUNCIL MEETING DATE: June 19, 2006 RCA ATTACHMENTS 6. STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ 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 Not Applicable . ❑ (Signed in full by the City Attorney) Subleases,'Third Party Agreements, etc. Attached Applicable ElNot (Approved as to form by City Attorney) Certificates of Insurance A roved b the City Attorne ( PP y y y) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Applicable ElNot Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Re ort applicableIf p ( pp ) Attached Not Applicable El Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS -REVIEWEp RETURNf D z FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: - RCA Author: . L Daily CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 27, 2006 John M. Brudin Engineering Resources of Southern California 3550 East Florida Ave. #B Hemet, CA 92544-4937 Dear Mr. Brudin: CALIFORNIA 92648 Enclosed for your records is a copy of Amendment No. 3 to the Agreement Between the City of Huntington Beach and Engineering Resources of Southern California for Plan Check and Development Services. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure: Agreement G: fol Iowup:agrmtltr (Telephone: 714-536-5227 ) RECEIVED t 7 1 Council/Agency Meeting Held: Deferred/Continued to: "U114 I�.� Approved i7 Conditionally Approved 0 Denied ity erk's Ygnature Council Meeting Date: 1/17/2006 Depart ent ID Number: PW 06-002 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADMINISTRATO PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WORK t�• SUBJECT: Approve Amendments to Contracts with Wilidan and Engineering Resources for Verizon FTTP and Appropriate Additional Funding Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Project management and inspection services required by the Verizon, Inc. (Verizon) Fiber -To -The -Premises (FTTP) project have exceeded original estimates in both time and expense. The engineering firms of Willdan and Engineering Resources have contracts with the City to oversee and inspect the FTTP project. The extended duration and cost of the project requires amendments to the contracts, and, an appropriation for funding is necessary to maintain the project on schedule. Funding Source: Funds in the amount of $550,000 are budgeted in General Fund, Public Works Development Services, Professional Services Account No. 10085251.69365. An appropriation of $1 million is requested. Per the Reimbursement Agreement, Verizon will reimburse all City expenses. Revenue estimates will be increased to match the additional appropriation. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute Amendment No.2 with Willdan for Development Processing Services; 2. Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 with Engineering Resources of Southern California, Inc. for Plan Check and Development Processing Services; and 3. Appropriate and approve the expenditure of $1 million to Public Works Development Services, Professional Services Account 10085251.69365. � �E 0/02/6/,U4�-, 1�clq ,AND [da•' d G..-a tt) .. 6o 0 REQUEST FOR ACTION MEETING DATE: 1/17/2006 DEPARTMENT 1D NUMBER:PW 06-002 Alternative Action(s): Do not approve the amendments or authorize the funding. This would jeopardize the completion of the FTTP project on the current schedule. Project management and inspection services would need to be provided by limited Public Works staff, which would delay completion of City projects as well as other private development projects. Analysis: The Verizon FTTP project will install new telecommunications infrastructure by installing fiber-optic cables throughout the majority of the City of Huntington Beach. Approximately 140 miles of fiber-optic cabling is to be installed to serve residential and commercial users. The project was expected to be completed in approximately one year. Revised estimates indicate that this phase of the project will continue through 2006. The City and Verizon have entered into a Reimbursement Agreement to pay for the City's costs associated with the FTTP project. As Public Works staffing is limited, additional personnel from outside consultants are being used for engineering plan review, project management, customer service and field inspection. Engineering Resources is providing plan check and project management. Willdan is providing services for the FTTP inspection. The contract increases will ensure continued support through project completion. Per City Council action, a new General Fund appropriation must meet one of the following three criteria: 1. It is an unanticipated emergency, 2. It is required to implement labor negotiations, or 3. It is a new expense that is offset by related new revenues. This new appropriation meets criteria #3, a new expense that is offset by related new revenues. Verizon is invoiced at the currently adopted rate for utility encroachment permit and inspection services. Public Works Commission Action: Not required. Environmental Status: Not applicable Attachment(s): '*®. s- 1. Amendment No 1 to Engineering Resources Agreement >g��-3 � 9� g 9 boo /0 2. Amendment No. 2 to Willdan Agreement /9 k 3. Fiscal Impact Statement G:1R C A12006106-002 .Jan 17 Daily (Amendments to Wilidan & Engineering Resources).doc -2- 12/29/2005 2:38 PM ATTACHMENT #1 AMENDMENT NO. I TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INMEC - 200 FOR PLAN CHECK AND DEVELOPMENT PROCESSING SERVICES THIS AMENDMENT NO. 1 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 Engineering Resources of Southern California, Inc., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated December 15, 2003, entitled "Professional Services Contract Between the City of Huntington Beach and Engineering Resources of Southern California, Inc. for Plan Check and Development Processing Services" 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 reflect additional compensation to be paid to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. ADDITIONAL COMPENSATION Section 4 of the Original Agreement, entitled "Compensation," is hereby amended to read as follows: 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 Seven Hundred Fifty Thousand Dollars ($750,000.00). 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 �,� V / - , 200 to ENGINEERIN��G,SOURCES OF SOUTHERN AL ORNIA, INC. John k. Brudin, P.E. print name ITS: (circle one) Chairm residen ice President AND By: Michael J. St%arns, P.E. print name ITS: (circle OnQecretary/ i hief Financial Officer/Asst. Secretary - Treasurer REVIEW ND PPROVED: City Admi ' trator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: Vity Attorney `tie INITIATE%DAND APPROVED: ' e).j I IZ-Z -65 Director oT Public Works (5iz EXHIBIT "B" UJ/Ul/ZUUU Whl) 14: Zb kfAA. V51 100 OUZZ ENGINS,EK1NG RKSUURCE5 19 002 i��mi SOURCES ")UTI-110"j"'ULE OF HOUIRIX 'fir'h-LLING RATES (RSIFFECTIVE JANDARY 1, 2006) PRINC[PAL/PRESIDENT .............. $175.00 PRINCIPAL/VICE PRESIDENT ......... 1 65-00 PRINCIPAL. ENGINEER ................ 135.00 ENGINEER V ........................ $120.00 , ENGINEER IV .......... .............. 105.00 ENGINEER III .............. . ........ 95.00 ENGINEER 11 ......................... 80.00 ENGINEER I ......................... 70.00 SENIOR LNGINEERING TECHNICIAN .... $105.00 ENGINEERING TECHNICIAN 11 .......... 85.00 ENGINEERING TECHNICIAN 1 .......... 70.00 ENGINEERING TECHNICIAN ........... 50.00 1 PRINCIPAL, PLANNER ............ $125.00 SENIOR PLANNER ............. 105.00 ADMINISTRATIVE SERVS. MANAGER $ 75.00 EXECUTIVE SECRETARY ......... 60.00 SECRETARY ........ 50.00 ENGINEERING AIDE Il .. _ ......... $ 40.00 ENGINEERING AIDE I ............ 30.00 CONSTRUCTION MANAGER ................ ........................... 2.6 X DIRECT SALARY RESIDENT ENGINEER ................................................. 2.6 X DIRECT SALARY SENIOR INSPECTOR .............................. . . ... .............. 2.6 X DIRECT SALARY INSPECTOR ............................... ....................... . 2.6XDIRECT SALARY MILEAGE ................................................................. $0.56/MILE DIRECT COST .......................................................... ... COST + 1 5% TESTIMONY UNDER OATH WILL 8E BILLED AT $220 PER HOUR WITH A FOUR (4) HOUR MINIMUM CAS WM$%"5CSVhkA aoflkWlyfbllUfRama:ARW.wfd UZI/ 14 VO R.:UL(511111LMCT —7 1 t 1YJJ0J4I6 .7 _ AC-OR-D.-AC-OR-D.-CERTIFICATE OF LIABILITY INSURANCE MlWiYY) 09(14j05 9/14 PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cavignac a Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 450 B Street, Suite 2800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE San Diego, CA 92101-8005 Dorothy Amundson INSURED Engineering Resources INSUFERA:U.S. Specialty Insurance Company INSURERB:St_ Paul Protective Insurance Company 3550 E. Florida Avenue Suite B INSURERC:United States Fidelity A Guaranty Company INSU RFRD: Hemet, CA 92544 INSURER E: nnvcoar_cs THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMEDABOVE 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 SUCI i POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBERPOLICY EFFECTIVE POLICY EXPIRATION3.111. LIMITS C GENERALLIASI.ITY BKO1196863 09/01/05 09/01/06 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one ke) $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAWS MADE FXI OCCUR MEOEXP (My one person $ 10,000 PERSONAL BADVINJURY $1,000,000 X Blanket Contractual X Broad Farm GENERALAGGREGATE $ 2,000,000 GEMLAGGREGATE LIMIT APPLES PER: PRODUCTS-cowtOPAGG $2,000,000 POLICY x PRO- LOC Employee Benefits 1,000,000 C AUTOMOBILE X LIABILITY ANY AUTO DA01290786 09101/05 99/01/06 COMBINED SINGLE LIMIT (Ea accklent) $ 1,000,000 BODILY INJURY (Par Person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per acdderll) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accJdenf) $ _ GARAGELIABatTY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO P Qv� ,AST®I $ 'I AUTO ONLY: AGf EXCESS LIABILITY OCCtA2 CLAIMS MADE �WN 7�+ TS p��sppp� IFER McV .1,' TH, 1`x EACCH OCCURRENCE $ 3REGATE $ $ $ DEDUCTIBLE $ RETENTION $ - B wORUERSCOMPENSATION ANo EMPLOYERS' LIASILRY WVA?733068 09/01105 09101/06 K WCSTATU- OTH- TORY LIMITS ER E.L EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L DISEASE -POLICY LIMIT $ 1, 000, 000 OTHER A Professional Liability U9051146891 09/01/05 09101/06 Each Claim $1,000,000 Aggregate $2,000,000 E DESCRIPTION OF OPERAYMS1LOCATIONWYEHICLENEXCLUMNSADDED BY ENDORSEMENT/SPECIAL PROVISIONS *Professional Liability - Claims Made Form, Aggregate Limit Policy. Defense costs Included within Limit of Liability - RE: All Operations. City of Huntington Beach, its Agents. Officers and Employees are named as Additional Insured as respects to General Liability per attached CL/BF 2245 0999. *10 days notice of cancellation for non-payment of premium. U r-ml IrI4/1I L nLL"=I% ADDITIONAL INSURED; INSURER LETTER: 4.AIVI.tLLAIIVr4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach OATETHEREOF, THE ISSUING INSURER WILL 40hM41MAWMAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, S�XI[S6ffi71PG�Lj,. Ri sk Management xmas�tt7xx 2000 Rain Street XXXSRXBXRX=XXK8K XXXXXXxxxxxxxxxxxxx.XXxxxxx Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE USA may ���i ACORD 25-S (7197) Katherine ©ACORD CORPORATION I"$ 3390048 WI -al 1III VJ LV11111LLLLiCi4 -F 111'SVJV+l1.iL P- r6 — v Named InSUred: Engineering Resources Policy Number: B&o1196562 Owners, lessees Or Cmhfts (Form C) ADDITIONAL INSURED Effective: og/olio5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following; LIABILITY COVERAGE PART. Schedule Name of Pelson or Organization: City of Huntington Beach, its Agents, officers and Employees RE: All operations 1. SECTION 11- WHO IS AN INSURED is amended to include as an insured the person or organization shown in to Schedule, but only with respect to liability arising out of "your work" for that insured by or for you 2. With respect to 1. above the following additional provision applies: SECTION IV. 5. Other Insurance is replaced by the following: 5. Other Insurance, The insurance afforded by this Coverage Part is primary insurance and we will not seek coritribution from any valid and collectible "other insurance" available to the insured unless the A-PPROVED AS IO FOR__ X�L )JIE� cG T , 01 1'a�ir`rr �W valid and collectible "other insurance" is provided by a person or organization who is not shown in the schedule. Then we will share with that valid and collectible "other insurance" by the method described below. If all of the valid and collectible "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first I any of the valid and collectible "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CL/Br 22 45 09 99 hdudes copoglded malefiat of hsurance a Services Once, hs„�h its pere issim. Page f of t Copy Wed, hnnance Services Offee, tint., 1994 ATTACHMENT #2 AMENDMENT NO.2 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WILLDAN FOR DEVELOPMENT PROCESSING SERVICES THIS AMENDMENT NO. 2 is made and entered by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY", and WILLDAN, a California corporation, hereinafter referred to as CONSULTANT. WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated July 19, 2004, entitled "Professional Services Contract Between the City of Huntington Beach and Willdan for Development Processing Services" 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 reflect additional compensation to be paid to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: ADDITIONAL COMPENSATION Section 4 of the Original Agreement, entitled "Compensation," is hereby amended to read as follows: 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 "A," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Million Two Hundred Fifty Thousand Dollars ($3,250,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 05agree/willdan amend IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on /` -- , 200 6 WILLDAN By: -- print name ITS: (circle one) Chainnan/Presiden ice President AND By. �. p me ITS: (circle one Secretar Chief Financial Officer/Asst. Secretary - Treasurer REVI AND APPROVED: 11 L=::1Z Al City Admire' rator 05agree/wilidan amend CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ty Clerk ,Jvt APPROVED AS TO FORM: 'IA M, ri City Attorney 'Al ' INITIATED AND AP OVED: Director of Public Works EXHIBIT "A" WILLDAN Schedule of Hourly Rates July 1, 2005 Principal Engineer .................................................. $165.00 Division Manager......................................................155.00 CityEngineer............................................................ 155.00 Project Manager....................................................... 155.00 Supervising Engineer ............................................... 140.00 Senior Engineer........................................................ 125.00 Senior Design Manager ............................................ 125.00 Design Manager....................................................... 115.00 Associate Engineer .................................................. 115.00 Senior Designer........................................................ 110.00 Senior Design Engineer If ........................................ 110.00 Senior Design Engineer I ......................................... 105.00 Designer Il................................................................ 100.00 DesignerI................................................................... 95.00 Design Engineer 11.................................................... 100.00 Design Engineer 1....................................................... 95.00 Senior Drafter............................................................. 90.00 Drafter11..................................................................... 80.00 DrafterI...................................................................... 75.00 Technical Aide............................................................ 65.00 = x r7iTC%Nlai,' Division Manager........... ........................................... 155.00 Project Manager....................................................... 155.00 Senior Construction Manager ................................... 135.00 Construction Manager .............................................. 125.00 Assistant Construction Manager .............................. 105.00 Utility Coordinator..................................................... 110.00 Supervising Public Works Observer ......................... 110.00 Senior Public Works Observer ................................... 95.00 Public Works Observer ................................. **80A0 / 95.00 Assistant Public Works Observer ................**75.00 / 95.00 Labor Compliance Manager ..................................... 105.00 Labor Compliance Specialist ...................................... 80.00 Division Manager ...................................................... 155.00 Supervisor - Survey & Mapping ................................ 140.00 Senior Survey Analyst .............................................. 110.00 Senior Calculator...................................................... 105.00 Calculator11................................................................ 95.00 Calculator i................................................................. 85.00 Survey Analyst Il...................................................... 100.00 SurveyAnalyst I ......................................................... 85.00 Survey Party Chief ................................................... 100.00 Field Party (One)..............................................150.00 Field Party (Two) ...................................................... 200.00 Field Party (Three) ................................................... 250.00 Division Manager......................................................155.00" Principal Landscape Architect..................................130.00 Senior Landscape Architect......................................110.00 Associate Landscape Architect................................100.00 Assistant Landscape Architect .................................. 85.00 Division Manager......................................................155.00 Supervising Plan Check Engineer............................130.00 Building Official.........................................................130.00 Plan Check Engineer................................................120.00 Deputy Building Official............................................120.00 Inspector of Record..................................................120.00 Senior Plans Examiner.............................................110.00 Supervising Building Inspector.................................110.00 Plans Examiner........................................................100.00 Senior Building Inspector..........................................100.00 Supervisor Code Enforcement.............................100.00 Building Inspector ........................................ **90.00 / 95.00 Supervising Construction Permit Specialist ................ 90.00 Senior Construction Permit Specialist ........................ 85.00 Senior Code Enforcement Officer...........................80.00 Assistant Building Inspector ........................ **80.00 / 95.00 Code Enforcement Officer .......................................... 65.00 Construction Permit Specialist ................................... 70.00 Assistant Construction Permit Specialist .................... 60.00 Plans Examiner Aide .................................................. 60.00 Assistant Code Enforcement Officer .......................... 55.00 Division Manager......................................................155.00 Principal Planner......................................................130.00 Principal Community Development Planner.............130.00 Senior Planner..........................................................115.00 Senior Community Development Planner ................115.00 Associate Planner. .................................................... 100.00 Associate Community Development Planner ........... 100.00 Assistant Community Development Planner .............. 90.00 Assistant Planner........................................................ 90.00 Planning Technician ................................................... 70.00 Community Development Technician ......................... 70.00 Compu#er Data Entry .................................................. 50.00 Clerical........................................................................ 50.00 Word Processing........................................................ 50.00 Personal Computer Time............................................15.00 b - m r fg -Prevailing Wage Project, Use $95.00I1-lour Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. Date: 12/15/2005 Time: 3:38 PM To: Linda Daily @ 17143741573 1-Sie-4SZ-2193 WII 1 1 page: 002-005 Cc'o�"IFICATE OF LIABIUTY INSURANCE Fi<Qt3liC€IC_ iawy,ssgcs- R. f}. Box 1Q551} TWS CERTWKATE.1S 15SUED AS !A. MATTER_ Of WFf3ltMATfON ONLY Ali _ _ C#31+t M- NO iafMiTS UKK THE MRT03CATE i#GftiiER_ THiS C�A�= DES !�T �� n ORALTE1�. CCV€RAGE AFFORDED BY THE POLfCW--,- BELOW. Sanft Asia; GA eV114WW 114.417-WO- 1HWJRFRSAFFOfWWG.Ct3VERAGE iN$ti a & Zu h Aistst als tnsumo Cb. iAF1lt kut "jFcsta Ameripm Autom Mite _ to- 2401.- t_Ewa Avgmmi a- ?EL �tfy f wwanpe.C+ Anmftekn� CA 9281#5 sr mmotme y #?: - i:• - f"> € i ?•# _ i db-� a'x: -'.5: a:� a iWv > WW wnT• $ B I ILI } 3 �L -mr—Y UMT I s periclobn $4)MOM awd aWr- city-of"Utel rs_8eac11; a t1 s r - Est auw Isw-u Mn Risk Vanagel ent f 3A E&Jtt1E_e c�cc€ I �a €E, r -2546£ ni Gf2 1S14S92WU2M Rtl 1 Dates 12115/200S Time: 3-38 Pill 4b: Linda Daalg $ 17i43741b"l3 rage: uus-uua VatO: Xf3/ZVUb T1=8: J:V.3 I -PI TO: W 1f1%3j8 f. AdWitional lus"ed Autonadc -Owners, lam-sOr c "ttlWW"s. at*" Fay rages: Wva-WVJ G149 MtOM W— TM&MMRSEAWNT cHm4Wv MM"m -mXASx="n "Vnumv�. provi" tomm jamait 0r" X, U --p 4 It WI W IS- ing irwuiym cowmd ""t* x -Immt_y T-Wity, AND-paim DAMAM U"UM' iidd laud irquvy-- .W- -- f M --b,, �VWaA*�ik*id�ft orem&m& 1. --a --miana-mmr -,oMpamnon, maw- 1- W- of. YIDU-W- -9- 1 hilhe -Y --Aft r to 2-- -Wevillmtpro d Jb T*!Ljft -1 tnu ade- -- -'you WE i *dw:bi g iqiur3'* d1atrCsUfm sofetV from m0igence of dw addi- V�M- 4.175-A,CW(�01) lndudes—Frpvhtad material oflnsw�Smvtces OMW, Inc *qth its pwmmmn Lfaue: �J.51zvvo TIM". J-vj rri -A- --propemv- damge ctr -personal and uh-ertising hijuir arising iml of the reTWztIng or failure tic) reviler am architedur-A ejj� gin-cering or smr-u-cy in Y -services a I he preparing, app rov i M. or fa il i T144 to prepare or approve neaps, shop- dim wi hp. opla on.s. reports. --, ti rvzys, field ord-ers, ;Aial-19C iud t 3—s- - ur d raw J 111 il S w d - sT. rerdic at io n s a—md b. Supervisory- Jmjxcction, archhomuml ore-ngine ia r tivi- m—. F. The- addliion4il iiivatr-k-A inwa soc it) it thtd-. 1. Wt are -notified as spun as practiLA I -z cif-arf—occutTence— ol-Offena;d ka-I may rt�'Ult in a C I SMI: We- -roceive wfitien notiot. ioif a dvjEni or --stilt' as, sous) -as 11faiticab , , r-A U- . .1ea A-re%.-;uesf kir &If; bsc: raid indenimit"r of the clai t-a of -V,4jl- p R-xbptly:b� brought againsr any px-*56r js"wd tsar an- oti �-insttrer under whieb the additions -I i.tvswed- also habjizhts as as insured -or-ad-Ji6onal insured. TheAmsttrartce provide(I by ThisAblition friful an*31 y )u�r in endix-,vinent is prn-miry Iasi it we will not seek cout sumnee zrvailable to arivaddiiibilai iwium-1 0i;MMI i -otyantz-Wion unless thu ot1wr immmmv 4 prUvidvd by a contraunv orherthari.vou f&thc saw operation 34 and iob-loi--4tion. '1110fi-wew-al hod de- s-_r ibal i ri para gft-ipfi- 4. c. of -SE: CT.10 N-- CO MIME ROALL CE-NERA I-T.- I-ABI LITY CON DMON S -,Ouiv provisions In Itris Coverage f1winot 4.-taraged tcAmis aind conditions t4 this. E,?I &msemi ent eontinae tit apply v,-: -%k-At- Name of Person or Organization: City of Huntington Beach, its agents, officers and employees U U- 1175 A C-VvT1;iLK,'3j �, ,�► CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 24, 2006 John M. Brudin Engineering Resources of Southern California 3550 East Florida Ave. #B Hemet, CA 92544-4937 Dear Mr. Brudin: Enclosed for your records is a copy of Amendment No. 1 to the Professional Services Contract between the City of Huntington Beach and Engineering Resources of Southern California for plan check and development processing services. Sincerely, Joan L. lynn City Clerk JF:pe Enclosure: Agreement G:foI1owup:agrmt1tr (Telephone: 714-536-5227 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK Joan L. Flynn CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIIJ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH TO: A)( yqgoWpcas D/-= Name Q , Lf Jam. Street 4101)ET . 0+ 4?AS -- 3 City, State, Zip ATTENTION: DEPARTMENT: See Attached Action Agenda Item _ �� Date of Approval oZ Lo?-Z:) d Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. City Clerk Attachments: Action Agenda Page L" r sbg N e .�� Name Name Name g:ffoilowup/letters/coveritr.doc Remarks: Agreement Bonds Insurance Y� RCA Deed Other 41Wti &---- ✓ Department RCA Agreement Insurance Other artment RCA Agreement Insurance Other P/n --- Department RCA Agreement htsurance Other Department RCA Agreement Insurance Other Department RCA Insurance (Telephone: 714-536-5227) Council/Agency Meeting Held: Deferred/Continued to: ? 4pproved ❑ Conditionally Approved ❑ Denied Ci C erk' Sign u e Council Meeting Date: 12/20/2004 Department ID Number: PW 04-090 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MgMBERS� C - SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY TR R PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR O PUBLIC OF WOiRKS-- SUBJECT: Approve Amendment No. 1 to Agreement with Engineer wg Resources, Inc. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attaoftonent(s) ,� Statement of Issue: An amendment to the agreement with Engineering Resources of Southern California, Inc. is necessary to continue enhanced plan check and inspection services for special projects. Funding Source: Funds in the amount of $350,000 are budgeted in Public Works Development, Professional Services, 10085251.69365. A Reimbursement Agreement with Verizon to provide needed funding was approved by the City Council on July 19, 2004. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Agreement between the City of Huntington Beach and Engineering Resources of Southern California, Inc. for plan check and development process services in an amount not to exceed $350,000 (Attachment 1). Alternative Action(s): Do not approve the agreement. This action will either cause a delay in the Verizon Fiber to the Premises (FTTP) Project, or require City staff to preempt plan check and inspection services for other development projects to focus on the Verizon FTTP Project. REQUEST FOR ACTION MEETING DATE: 12/20/2004 DEPARTMENT ID NUMBER:PW 04-090 Analysis: The Public Works Department has been coordinating plan check and inspection support with Verizon for the Fiber -to the Premises (FTTP) telecommunications project. These services are provided primarily by outside consultants. A reimbursement agreement with Verizon was approved by the City Council on July 19, 2004. Terms of this agreement included an initial deposit of $120,0000 and reimbursements in amounts to maintain no less than $40,000 on deposit. Personnel from the consulting firm of Engineering Resources provide plan check and inspection services for the Verizon FTTP Project. Beginning in July, the existing development processing agreement with Engineering Resources was drawn down to provide immediate services to the project. The contract did not adequately cover both the time and financial terms necessary to complete the Verizon FTTP Project. Amendment No. 1 increases funding for as -needed development services assistance by $350,000. The original contract expiration of December 2006 is unchanged. Proposals for plan review and field inspection were received in January 2004. The Engineering Resources fee schedule remains current. Public Works Commission Action: Not required. Environmental Status: Not applicable. Attachment(s): Amendment No. 1 to Agreement with Engineering Resources of Southern California, Inc. G:\R C A\2004\04-090 Dec 20 Daily (Approve Amendment No 1 with Eng Resources).doc -2- 12/2/200410:10 AM ATTACHMENT #1 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR PLAN CHECK AND DEVELOPMENT PROCESS SERVICES 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 ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC, a California corporation, hereinafter referred to as Consultant. WHEREAS, City and Consultant are parties to that certain agreement dated December 15, 2003, entitled "Professional Services Contract Between the City of Huntington Beach and Engineering Resources of Southern California, Inc for Plan Check and Development Processing Services" which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to increase the amount of the compensation to be paid by City to Consultant. NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. AMENDMENT OF SECTION 4 OF THE ORIGINAL AGREEMENT ENTITLED "COMPENSATION." SECTION 4. ADDITIONAL COMPENSATION City agrees to pay Consultant as full payment for services rendered, an additional sum not to exceed Three Hundred Fifty Thousand Dollars ($350,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 04agree/eng resources amend/11/2/04 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on - 2000z ENGINEER RESOURCES OF CITY OF HUNTINGTON BEACH, a SOUTHER CA IFORNIA, INC. municipal corporation of the State of r, California By:--�'--- J , ohiilk. Brudin, P.E. print name ITS: (>}i'resident�fdi AND 10 By: -� Michael J. St rns, P.E. print name AS Wftold ity Clerk ITS: ffiXeWZW4Secretary/CMIC1 raMMArNVAtx APPROVED AS TO FORM: e, u3 City ttorney �3%a y yl.L A?Ai)� REVIEWED AND APPROVED: INITIA ED AND AP OVED: City Administrator Director of Public Works 04agree/eng resources amend/11/2/04 2 I, g/w 1 ACORD CERTIFICAi' OF LIABILITY INSURA�E DATE(MM/DD/YY) 10/07/04 PRODUCER OA99520 Cavignac & Associates 1230 Columbia Street, Suite 850 San Diego, CA 92101 Dorothy Amundson 1-619-234-6848 i l 1 U04 iP 1 5I/ V THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Engineering Resources 3550 E. Florida Avenue Suite B Hemet, CA 92544 R�s%71%� u INSURER A.- United States Fidelity & Guaranty Company INSURER B: St. Paul Fire & Marine Insurance Company INSURERC:Great American Assurance Company INSURER D: INSURER E: 111(lvl-RAC-U- 4 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 DATE (MMIDDNY) LIMITS A GENERAL LIABILITY BKO1196862 09/01/04 09/01/05 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anyone fire) $ 300, 000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 10,000 CLAIMS MADE � OCCUR PERSONAL & ADV INJURY $1,000,000 X Blanket Contractual X Broad Form GENERAL AGGREGATE $ 2,000,000 GENI AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPJOPAGG $2,000,000 POLICY X PRO LOC Employee Benefits 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO BA01290786 09/01/04 09/01/05 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY APPROVED AS TO FORW AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY OCCUR CLAIMS MADE OV t / dL( [ EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WVA7733068 09/01/04 09/01/05 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT _ $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER C Professional Liability EDN320848003 09/01/04 09/01/05 Each Claim $1,000,000 Aggregate $2,000,000 $ DESCRIPTION OF OPERATIONS/LOCATIONSJVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS '!Professional Liability - Claims made form, aggregate limit policy. Defense costs included within limit of liability. 'Certificate Holder is named as Additional Insured with respect to General Liability per attached endorsement and Auto Liability endorsement to follow. Waiver of Subrogation applies to General Liability included in policy form, Auto Liability endorsement to follow and Workers Compensation per attached endorsement. *10 days NOC for non-payment of premium. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION Development Processing and Related Engineering SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL LAMMICY4MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WJVMX=9X5Z=O SHALL Risk Management 2000 Main Street x=5 R Huntington Beach, CA 92648 USA (7/97) BRENDA 2157261 AUTHORIZED REPRESENTATIVE ® ACORD CORPORATION 1988 Named Insured: Engineering Resources Policy Number: BY,01196862 Owners, Lessees Or Contractors (Form C) ADDITIONAL INSURED Effective: 09/01/04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement modifies insurance provided under the following; LIABILITY COVERAGE PART Schedule Name of Person or Organization: The City of Huntington Beach, their officers, employees and agents. 1. 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. 2. With respect to 1. above the fallowing additional provision applies: SECTION IV. 5.Other Insurance is replaced by the following: 5. Other Insurance. The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any valid and collectible "other insurance" available to the insured unless the APROVED AS TO FORM- IFER MCGRATH, iV Att""y Ia�,/dm valid and collectible "other insurance" is provided by a person or organization who is not shown in the schedule. Then we will share with that valid and collectible 'other insurance" by the method described below. 1f all of the valid and collectible "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. if any of the valid and collectible "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CL/BF 22 45 09 99 Includes copyrighted material of Insurance a services office, Inc., with its permission. Page 1 of 1 copyrighted, Insurance Services office, Int.,1984 WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/07/04 at 12:01 A.M. standard time, forms a part of Policy No. WVA7733068 Endorsement No. Of the St. Paul Fire & Marine insurance Company NCCI Carrier Code 13706 Issued to: Engineering Resources Policy Expiration Date: 09/01/05 Premium (if any)$ _ Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. Person or Organization City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 USA % of the California workers' compensation premium Schedule Job Description Development Processing and Related Engineering APPROVED S IO ORNI: elol J NIFER McGRAT"II, City Attorney RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Approve Amendment No. 1 to Agreement with Engineering Resources, Inc. COUNCIL MEETING DATE: December 20, 2004 ATTAC-1"IVI`ENtS� ....,s; Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable E Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable E Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable E Contract/Agreement (w/exhibits if applicable) Attached Not Applicable E ❑ Signed in full b the City Attorney Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ E (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorne ( pp y y y) Attached Not Applicable E ❑ Fiscal Impact Statement (Unbudget, over $5,000) Attached ❑ Not Applicable E Bonds (If applicable) Attached ❑ Not Applicable E Staff Report (If applicable) AttachedNot Applicable ❑ E Commission, Board or Committee Re ort applicableIf a p ( pp ) Attached Not Applicable El E Findin s/Conditions for Approval and/or Denial g pp Attached. Not Applicable ❑ E EJCPLANATION FC�;R RETl7RN OF ITEIUL F RCA Author: L Daily , 4 i' CITY OF HUNTINGTON BEACH ' INTER-DEPA MENT COMMUNICATION HUNTINGTON BEACH `� City Clerk Office of the City Clerk Date: Meeting Date: Agenda Item: Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration 1. Signature(s) Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate (Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached) 5. Wording On Request For Council Action (RCA) Unclear A Recommended Action on RCA not complete 7 1 B Clarification needed on RCA OtherLA- jz C 6. City Attorney Approval Required n 7. Agreement Needs To Be Changed A Page No. $ I 8. 1 Other 4 G:agendalmisdreaform CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: 1011- l a-L10 .3 TO: G le0 TTENTION:0-T" %�l (o tfaT7 / Name .3 S Sa L -ST- �2� /t d�F} S7r L�5 DEPARTMENT: Street n n 4 er 9�. S REGARDING: City, State, Zip See Attached Action Agenda Item / % Date of Approval Enclosed For. Your Records Is An Executed Copy Of The Above Referenced Agenda hem. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement ✓ Bonds nRCA Deed L CC: I 0rik�!'1Se- i LJ ✓ ✓ 'tiI Name DW t RCA Agee / slq:z I- V 44_ Name Department RCA Agreement Insurance Other Insurance Other Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Ageement Insurance Other Name Department RCA Insurance (Telephone: 714-536-5227 ) (17) December 15, 2003 - Couim.,d/Agency Agenda - Page 17 E-9. (City Council) Adopt Resolution No. 2003-94 Desionatina Authoritv to the C E-10. inistrator and the Director as the Authorized Officials to Execute Administrative Documents for the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs (630.50) — Adopt Resolution No. 2003-94 —"A Resolution of the City Council of the City of Huntington Beach Designating the City Administrator, the Assistant City Administrator and the Director of Economic Development as Authorized Officials to Sign Documents Related to the Administration of the City's Community Development Block Grant and Home Investment Partnership Programs. Submitted by the Economic Development Director. Funding Source: Not Applicable. Adopted 7-0 and Poseidon Resources Corporation for Planning Services to Complete Environmental Documentation for the Poseidon Desalination Plant (600.10) — Approve and authorize the Mayor and City Clerk to execute the Reimbursement — Planning Agreement between the City of Huntington Beach and Poseidon Resources Corporation for Costs Incurred for Preparation of Environmental Documentation for Poseidon Desalination Project. Submitted by the Planning Director. Funding Source: Not Applicable. Approved 7-0 E-11. (City Council) Approve Professional Services Contract between the Cltv and Engineering Resources of Southern California, Inc. for Plan Checking and Development Processing Staff for the Public Works Department (600.10) — Approve the Professional Services Contract between the City of Huntington Beach and Engineering Resources of Southern California, Inc. for Plan Check and Development Processing Services and authorize the Mayor and City Clerk to execute same. Submitted by the Public Works Director. Funding Source: $200,000 — Fiscal Year 2003/04 - General Fund, Professional Services Account. Fee -based revenues supported entirely by developer payments. Approved 7-0 E-12. (City Council) Approve Additional Funds for Speer and Liberty Streets Rehabilitation Project; CC-1142 - Change Orders (600.50) — Authorize an additional $40,000.00 to cover the additional change orders for Speer and Liberty Streets Rehabilitation Project; CC-1142. Submitted by the Public Works Director. Funding Source: $40,000 — Measure M, Minor Street Improvements Account. Approved 7-0 E-13. (City Council) Accept Bid and Award Construction Contract to SRD Engineering In for the Ellis Avenue Drainage and Street Improvement Project; CC-1220 ( . ) —1. Accept the lowest, responsive and responsible bid submitted by SRD Engineering, Inc., in the amount of $74,333.00 for the Ellis Avenue Drainage and Street Improvement Project; CC-1220; and 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Submitted by the Public Works Director. Funding Source: Sufficient Measure M fund, Minor Street Improvements Account. Engineer's estimate - $75,000.00. Approved 7-0 Council/Agency Meeting Held: Z� Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied _ ')ePY4 City C k's Signature Council Meeting Date: December 15, 2003 Department ID Number: PW 03-83 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PREPARED BY: SUBJECT: RAY SILVER, City Administrator gAaP ROBERT F. BEARDSLEY, Director of Public r: 1 Approve Agreement with Engineering Resources of Southern California for Plan Checking and Development Processing F atement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Public Works Department requires contract staff support services to perform development processing functions. Engineering Resources of Southern California, Inc. has been selected to provide these services. The City of Huntington Beach needs to enter into a multi -year contract for as -needed staffing, with a not -to -exceed limit of $600,000. Funding Source: A total of $200,000 is budgeted in the General Fund, Subdivision, Professional Services 10085251.69365 for FY 2003/04. These are fee -based revenues which are supported entirely by developer payments. Funds available in years two and three of this agreement would be contingent on development applications and the contract services would not be utilized without such fee payments. Recommended Action: Approve the contract between the City of Huntington Beach and Engineering Resources of Southern California, Inc., and authorize the Mayor and City Clerk to execute same. Alternative Action(s): Do not approve the contract and provide necessary development services with existing staff. This will result in significant delays in both private development and City construction projects. Delays in development processing may be in violation of AB 3101, which prescribes maximum plan check turn -around times. REQUEST FOR COUNCIL ACTION MEETING DATE: December 15, 2003 DEPARTMENT'ID NUMBER: PW 03-83 Analysis: For numerous years, services required by the development community have exceeded the Public Works Department's ability to meet the demand. The combination of increased development activity, more time -intensive development issues, and reduced staffing levels continue to hamper response time to both private and public projects. Engineering Resources, Inc., has been selected through the professional services proposal process to furnish plan checking, and development processing services. This contract for outside staff support will assist the Public Works Department to provide timely and accurate development processing until such time as the two currently vacant positions in the section can be filled, and the pace of development processing decreases. In compliance with Chapter 3.03 of the Municipal Code, proposals were requested from three firms, Engineering Resources, Walden and Associates, and Wildan and Associates. Upon review, it was determined the Engineering Resources could best meet the needs of the Public Works Department. Public Works Commission Action: Not required. Environmental Status : Not applicable. Attachment(s): Agreement Between the City of Huntington Beach, and Engineering Resources, Inc. Rca Author: L Daily x 5599 03-083 Dec 15 Elliot (Engineering Resources Contract) -2- 12/10/2003 2:30 PM ATTACHMENT 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR PLAN CHECK AND DEVELOPMENT PROCESSING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this 15 th day of December 20 03 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Engineering Resources of Southern California, Inc., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage a consultant to provide plan checking and development processing services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services 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 Robert Righetti who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 03agree/eng resources/11/20/03 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 as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on December 31, 2006, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than December 31, 2006 from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks 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 Thousand Dollars ($600,000.00). 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 03agree/eng resources/11/20/03 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent 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 03agree/eng resources/11/20/03 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 03agree/eng resources/11/20/03 4 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. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and 03agree/eng resources/11/20/03 5 all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 03agree/eng resources/11/20/03 6 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Terri Elliott 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Robert Righetti, Contract Manager Engineering Resources of Southern California, Inc. 3550 East Florida Avenue, Suite B Hemet, CA 92544 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. 03agree/eng resources/11/20/03 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a 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 03agree/eng resources/11/20/03 8 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, 03agree/eng resources/11/20/03 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 03agree/eng resources/11/20/03 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. ENGINEERING RESOURCES OF SOUTHERN YRNIA, INC. By: JM4«4 (A. i,) print name ITS: (circle one) Chairman sident -ce President AND By: print name ITS: (circle one) cretary hief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST: «l't'/a3 City Clerk APPROVED AS TO FORM: Nat)5 City ttorney i REVIEWED AND APPROVED: INITIAT D AND AP OVED: City ATministrator Direttef-of Public Works 03agree/eng resources/11/20/03 11 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 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR PLAN CHECK AND DEVELOPMENT PROCESSING SERVICES Table of Contents Scopeof Services.....................................................................................................1 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 Entirety......................................................................................................................10 EXHIBIT "A" ATTACHMENT "A" SCOPE OF WORK The Consultant shall provide qualified individuals to perform land development review, entitlement preparation, plan checking, development processing, field review and any other services which will perform, promote or enhance the City's Development Services goals and needs as requested. The City may, as deemed necessary, provide a furnished work area (including telephone, etc.) at City Hall. The general scope of work to be performed shall include, but not be limited to, the following: ➢ Read, understand and evaluate geotechnical, hydrologic, hydraulic, traffic, drainage, legal survey, environmental and other related reports that pertain to the planning, design, review and construction of private and public infrastructure improvements. ➢ Read, understand, implement and/or prepare "Conditions of Approval" or entitlement documents, EIR's and other reports as related to the planning, design, review and construction of private and public infrastructure improvements. ➢ Perform plan checking peer review, clerical and other duties as needed or requested. ➢ Understand, prepare and review legal descriptions, survey and , easement documents or maps as needed and requested. A Coordinate plan checking and development processing between various City sections and departments as requested. Tabulate comments and prepare City response letters to applicants, the public and with all utility agencies as required. ➢ Calculate and check quantity estimates, fees, bonding amounts, shop drawings and design calculations as submitted with plans and applications. ➢ Maintain all necessary documentation for funding agencies, monitoring agencies and compliance information as required, including final closeout documentation. ➢ Meet with developers, engineers, contractors, consultants, the general public and others as required to discuss, resolve or make recommendations concerning development, public right-of-way improvements, reports, processing requirements, entitlement issues, construction and related issues. ➢ Provide additional backup services as needed or requested which will promote the expeditious and efficient processing and service goals of the City of Huntington Beach. EXHIBIT "B" EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. agree/forms/exB-1 fixed fee/11/20/03 EXHIBIT B Fixed Fee Payment ATTACHMENT "B" Billing Rate Schedule January 13, 2003 Principal iMaft Brudin $150.00 $110.00 Principal Engineer * Brian Thomas $130.00 $100.00 Senior Engineer * Mo Ahmadi $95.00 $92.00 Senior Engineer* Robert Ri hetti $95.00 $92.00 Senior Engineer * Kris Winchak $95.00 $80.00 Landscape Architect Steve Male $100.00 $80.00 Associate Engineer* $80.00 $65.00 Assistant Engineer * $70.00 $55.00 Construction Manager * 2.6 x Direct Salary Prevailing Wage Construction Inspector * 2.6 x Direct Salary Prevailing Wage Clerical * $40.00 $36.00 * Note: The "Current" Billing Rates for these classifications will be used for additional staff resources as requested by the City. RENGINEERING ESOURCES Of 3090MM CA11FORIIIII, INC. Schedule of Hourly Billing Rates (EFFECTIVE JANUARY 1, 2003) PRINCIPAL ............... $150.00 PRINCIPAL PLANNER ....... $95.00 PRINCIPAL ENGINEER ..... 130.00 SENIOR PLANNER ......... 85.00 SENIOR CIVIL ENGINEER .. 95.00—AssocIATE PLANNER ...... 70.00 ASSOCIATE CIVIL ENGINEER 80.00 ASSISTANT PLANNER ...... 50.00 ASSISTANT CIVIL ENGINEER 70.00 ENGINEERING TECHNICIAN 11 75.00 ENGINEERING TECHNICIAN 1 65.00 EXECUTIVE SECRETARY .... 50.00 ENGINEERING TECHNICIAN 50.00 SECRETARY .............. 40.00 CONSTRUCTION MANAGER .............................. 2.6 X DIRECT SALARY RESIDENT ENGINEER ................................... 2.6 X DIRECT SALARY SENIOR INSPECTOR .................................... 2.6 X DIRECT SALARY INSPECTOR . ........................................... 2.6 X DIRECT SALARY MILEAGE ...................................................... $0.38/MILE DIRECT COST ............................. ............... COST+ 15% TESTIMONY UNDER OATH WILL BE BILLED AT $220 PER HOUR WITH A FOUR (4) HOUR MINIMUM C,.%FORMS\ERSC Schedule of Hourly Billing Rates.wpd Revised:January 7, 2002 JJ/1LFLUUd IYCU 14:ay tAA Juy /Yil .GGG1 C1vti11V�)rlilNta 2ZJraUUli(�:i IQJO02 ' ACORD„ CERTIFICATE OF LIABILITY INSURANCE 08 91/AtIDD1YTI 090$j03 PR90UCFR OA99520 1-629-234-sa4e THIS CERTIFICATE IS ISSUED AS.A MATTER OF INFORMATION Ca,.igmae & Associates ' ONLY AND CONFERS NO •RIGHTS UPON THE CERTIFICATE 00 ' l C> HOLDER THIS CERTIFICATE DOES NOT AMEND,' EXTEND OR 230 Columbia stress, suite 850 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, n . Wit` A sac Diego, cA 92101 t p INSURERS AFFORDING COVERAGE aorothy AmuadQoz> V -- INSURED' INSURERNUnited States PidclitY S Guaranty Comp Engineering Resources P q � wsuRER 6: St . Paul Fire a marine 'iasnrance Ce®gaay 3S50 E. Florida Avenuo Suite a k('Lg_ '1&ni-r INSURc-Racreae American Asaur;tvice Company Remet, CA 92544 I �+/ Z.110 3 'UpeA D: COVERAGES THE POLICIES OF INSURANCE LLS'TCDMELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREiMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHERDOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TKE POLICIES o[ SCRIB£O HEREIN I$ SuEJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF -SUCH POLICIES. AGGREGATE LIMITS SHOWN_ MAY HAVE SEEN RMLICED BY PAID CLAIMS. INSR ,TYPE OF INSURANCE.. i POUCYNUMIBER : POLICY EFFECTIVE POLICYEXPI(ATION ::: rm GENERAL UAMLITY IR01196862 09/02/03 09/0l 00,000A 0H� X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one q(e1 S 300, 000 CLAINS MADE OCCUR Meg EXP y"M afro Perna) S 10 , 0 00 X Blanket contsactual PERSONAL&ADVINJURY i1,000,000 X Broad Posai GENERALAOOREOATE $2,000,000 GEN'LAGGREGATELIMITAPPLIESPEFC PRODUCTS •COMPIOPAG6 S2,000,000 PODGY X' PRO- Loe Batplayee=8en"ita 1,000,000 A AUTOMOBILELIMLITY SX012SO786 09/02/03 04j01/04 CC&GINEOSINGLELM `' S1,000,00C X ANYAUTO (Ea atsidenll AIX OWNED AUTOS 6ODILY INJURY $ SCHEDULED AUTOS80 (PeI DBRON : wREonuros �a aed- Y; NONwNE0AUT05 "' PROPERTYDAMAGE S (Paracdde" GARA r:upBILITY `A AUTO.ONLY-EAACCIC£N S ' ANY AUTO orreRI THAN EAACC S AUTO ONLY:: AGG I E "excenumLffy EACIi • J S OCCUR CLAIMS MADE .: . AGGREGATE L DEGUCTIMW S N S 4 8 VJORKMSCOMipENSATIONAM %VA7733068 09/02/03 09/01/04 I YJCs ATU- OTH EASPLOYEAS' LIAMUN E:L.EACH ACCIDENT .. E2,,0p0,000 EwLDISEASE-EA EMPLOYEE g1,000,000 EJ_DISEASE-POUCYLI >;1r:000.400 OTHER...... ,.. C 7rafesaional Liability EDW320948002 09/01/03 09/01/04 Each Vla m 11000,000 Aggregate 2,000,0Q0 DESCRIPTION OFOPERAMKt9ROCA'nONSMHCLE&EXCWQONSADOED BY ENDORSEMENTISPECIAL PROVLSIONS *Yzofeasional Liability - Claim- Made'Fc=, Aggregate Limit Policy. Defense coats included within Limit of'Liability- Ri: All Operations. City of Huntington Beach. ita Agents, Offi.Certr and Employees are named as Additional Inauzed as rccpeatc to General Liability per attached CL/BF 2245 0999. -10 days notice n£ cancellation 2or non-payment of preen Lm- CERTIFICATE HOLDER Y ADDITIONAL wsuRm% INSURER LETTER: A CANCELLATION SHOULD ANY OFTHEASOVE.LESCRIH£tIPOLIcIESBECA aniEDBEFORETHEMRATION..-. City of Huntington Beach DATE THEREOF. THE WNC INSURER P L'4ILL SIOMMOW HAIL *30 DAYS WRITTEN NOTICE TO THE cER?IFICATE HOLDER NAMED TD THE LEFT,D SHALL Risk Management 2000 Main 9treat Xx7saX>7gcXEX .. R Suntington Beach, CA 92648 m AArNORIZED PEPRESENTA1W9 ACORD 25-S (7197) Xatherine G ACORD CORPORATION 1998 1333119 Pw4wed Sycenificatesnow",w NOD-12-2003 15:06 909 765 6621 97% P.,02T 11/12/2003 WED 14:59. FAX 909 765 0621 ENGINEERING RESOURCES 11003 Named Insured:9�aea, ><eseurcea Policy Number: moi3-96>+sz Owners, Lessees Or Contractors (Form C) ADDITIONAL INSURED Eftfive: os/oi/a3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided -under the following; LIABILITY COVERAGE PART: Schedufe Name of Person or Organization: City of 7347)tfagb= Beach. ita x9eata) officers and Employees 312s IIll Operaticaa 1. SECTION 11- WHO IS AN INSURED is mended to include as valid and collectble'"other insurance" is provided by an insured the person or organization shown in the a :person or organMon . who. is not shown in the Schedule, but only with, respect to liability arising out.of schedule. Then we -will share with that valid and " 'your for that insured by or for you. "collectible ',"other insurance" by the Method described below. 2. With respect to 1. above the following additional provision applies: If .all of the valid and -collectible other insurance" permits contribution by equal shares, vm will follow SECTION IV. 5. Other Insurance is replaced by the this method also, Under lh'Is approach, each insurer following contributes equal amounts until it has paid its applicable limit of insurance or none of the loss 5. Other Insurance. - remains, whichever comes first. The insurance afforded by this Coverage Part is N any of the valid and collectible "other insurance" primary insurance and we will not seek contribution does not permit contn'bufion by equal shares, we will' from any. valid and collectible "other insurance,' confribute by limits. Under this method, each available to the insured unless the Insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CUBE 22 AS 49 99 IimbdestoWghled m2sulel or insurance c Sovim Oft. Inc., with e. WmWoe. Fagt t of 1 C-PY"IBnw.Imumn=SewksaOHM. IM, 19" NOU-12-2003 15:0? 909 765 6621 9?Y.P.03 J.i/iG/LUUd wr,U L4:ov raA vuu Atra ouxi bVtilNlrhKLNU MKSUURUbb ACORD„„ CERTIFICATE OF LIABI17 TY' INSURANCE 9/08 e PR90UCER OA99520 1-619-231-GS48, U THIS CERTIFICATE IS ISSUED AS.A MATTER OF INFORMATION Carignao & Associates ONLY AND CONFERS NO -RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 230 Columbia street, Suite SSG ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diegt, CA 92191 _ ! Dorothy Amundaots INSURERS AFFORDING COVERAGE INSURED' INSURERA:United SL.at,ea Fidelit-f a Guaranty Comem Engineering Resources WSURER S: St. Paul Fire E marine 'Zasuranea Company 3S50 s. Florida Avenue Suite 2 INSURERQCMeat American Assuranoa Campaay Hemet, CA 92594 INSURI;A O: - THE POLICIES OF INSURANCE LISTED -BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREON 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 i ...•_.. POLICYNUMBER POIJCY EFFECTIVE POUCYFJlPs9iAT10N UMi13 A GENERALUABIUTY 8R01196862 09/01/03 09/02/04 EACH OCCURRENCE '51,00'0,000 X COMAMERCIALGENERALLMILTTY CLANS MADE i -- I OCCUR PIR E DAU* A"M* Anyone Qmj $ 300, 000 MED EXP M ono po . n) $ 20. 000 -� X 82aaket coetsactual PERSONAL &ADVANJURY 51,000,.000 8 8road PC= a GENERALA00REGATE L 2,000,000 GEN'LAGGREGATE UArtITAPPLIES PER PRODUCTS-COMPADPAGG S1-000,000 POLICY 2 PRO- I.= employee Benefits 1.000,000 A. AUTOMOBILE $ LIABILITY ANYAUT'0 82L01290786 09/01/03 09/01/09 COMBINED SINGLE LUT (Eaaodden!) $ 2,000,000 :. 9ODILY INJURY O'erPMR) - - . $ ' ALtOVpA1E0AUT06 SCHEOUIFDAUTOS Y INJURY Ipwradgaq 8 MUREO AUTOS NON-OWNEDAUT08 - Yam' k c y eli .._ PROPERTVDAMAGE (Poracddcr� S ' 1 ' GARAGE LIABILITY v d AUTO.ONLY-•EAACCIDG 5 • ANYAUTO l7T)tER TNAN EAACC� $ AUTO ONLY: AM 1 S EXCEIISLIASILITY OCCUR a OL Nvz MADE EACH OCCURRENCE is M3CE :„ AGGREGATE iS DEDUcri66E aN s 3 EI WORKERS COMPENSATION AND Ea1PLOYERS' uA61LtTY RVA7733068 09/01/03 09/01/04 S YOCSTATL- pTLi- E.L EACHACCIDENT y 31000,000 E.L.DISEASE-EAEMPLOYEE $1,000,000 E.L.DISiASE-POLICYLIMIT $ 2,000,000 C OTHER, Pwafesaional Liability 8DN320848002 09/01/03 09/01/04 Each, Claim 2,000,000 Aggregate 2,000,000 DE'SciuirnaN OF OPERA'ROMK;—cA•TiONSNEHICLEs EWWSIONS A0090 W ENDORSEMENT/SPECAL PROVWCNS *8sateeeioaal Liability - Claims Made Form, .aggregate Limit Policy. Defense costa Secluded Within Limit of Liabiiity- RE- All Operations. City of Huntington L3oach, ito Agaatn, Officera.aad Empiayees are named as Additional Insured Au vecpeete to General Liability per attached CL/8F 2245 0999. 410 days notice of cancellation for Loa -payment of premium.. �� rf. - nw..,n,u, mauweu; wnueteM ��"I E.Ai 4A1Yl.GL1.A11LJ1Y SHMI.D ANYOFTHEASOV'E OMRIBEC POLICIES BECANCELLED BEFORETHr: EXPIRATION City Of HuntiIIgtoa Beach DATE THEREOF. THE =111NG INSURER YYq,1 1111959MIUM MALL *30 DAYS WRITTEN Risk Management NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT SHALL 2000 K=in Stscat R Huntington Beach, CA 92645 AUTH0119MO REPRESENTATIVE USA W 25-S (7197) E,atherine SACORD CORPORATION 1988 2333114 Powered 6yCeWfiwtesNow'" 11/12/2003 WED-14:59 FAX 909 765 0621 ENGINEERING RESOURCES 10 003 9 Named Insured: Ln9ineerdng Reeourcer Policy Number : =01196862 { Owners, Lessees Or Contractors (Form C) ADDITIONAL INSURED Effective: cs/ai/o3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided •under the following; UABIUTY COVERAGE PART. Schedule Name of Person or Organization: city of awntington Eeaah. Ate A9ear.8, off1cere and Emp3.07ee6 RES all cperardcma 1. 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. 2. With respect to 1. above the following additional provision applies: SECTION IV. 5.Other Insurance is replaced by the following: 5. Other Insurance. The insurance afforded by this Coverage Part is primary insurance and we will not seek contributiort from any, valid and collectible "other insurance avallable to the insured unless the valid and collectible "other insurance" is provided by a person or organization. who is not shown in the schedule. Then we will share with that valid and 'collectible "other insurance" by the method described below. ff all of the valid and -collectible "other insurance" permits contribution by equal s(iares,we will follow this method also. Under this approach, each .insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the toss remains, whichever comes first I any of the valid and collectible "other insurance" does not permit contribution by equal shares, we wrll contribute by limits. Under this mettiod, each Insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CUBF 22 AS 09 99 includes ccMhW r atedei or Insurance c smvices Offim. Inc.. wah t: pambsion. Bays t of t Copynilnted. Insum nce swikes IMIN. Im.196+ RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Approve Agreement with Engineering Resources for Plan Checking and Development Processing COUNCIL MEETING DATE: December 15, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO ED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: L Daily x 5599 0 REQUEST FOR COUNCIL ACTION MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: PW 03-83 Analysis: For numerous years, services required by the development community have exceeded the Public Works Department's ability to meet the dema d. The combination of increased development activity, more time -intensive developm . t issues, and reduced staffing levels continue to hamper response time to both pr' ate and public projects. Engineering Resources, Inc., has been selected through t professional services proposal process to furnish plan checking, and development pro ssing services. This contract for outside staff support will assist the Public Works D/gde ent to provide timely and accurate development processing until such time as the twontly vacant positions in the section can be filled, and the pace of development processcreases. : Not required. Environmental Status : Nc)fapplicable. Attachment(s): 1. Agreement Between the City of Huntington Beach, and Engineering Resources, Inc. Rca Author: L Daily x 5599 03-083 Dec 15 Elliot (Engineering Resources Contract) -2- 11/20/2003 10:17 AM