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HomeMy WebLinkAboutOverland, Pacific and Cutler, Inc. - 2008-06-30 CONTRACTS SUBMITTAL T CITY CLERK'S OFFICE 20 IU'j30 d Il 25 l To JOAN FLYNN, City Clerk Marne of Contractor Overland, Pacific and Cutler, Inc Purpose of Contract For Example Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Right-of-Way Consulting and Land Services Amount of Contract $30,000 00 Copy of contract distributed to The original insurance certificate/waiver distributed El Dept ❑ to Risk Management Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ Date ho/o-p Name/Extensibn ` City Attorneys Office G AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND OVERLAND, PACIFIC AND CUTLER, . INC FOR RIGHT-OF-WAY CONSULTING AND LAND SERVICES Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term, Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND OVERLAND, PACIFIC AND CUTLER, INC FOR RIGHT-OF-WAY CONSULTING AND LAND SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and OVERLAND, PACIFIC & CUTLER a corporation hereinafter referred INC- to as "CONSULTANT " WHEREAS CITY desires to engage the services of a consultant to provide right-of-Wad consulting and land 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 JOEY MENDOZA who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement agree/surfnet/professional svcs to$49 12 07 1 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement 3 TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT are to commence on 4V IQ- 750 20o (the "Commencement Date ) This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than three ( 3 ) years from the Commencement Date The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A " This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT In the event the Commencement Date precedes the Effective Date CONSULTANT shall be bound by all terms and conditions as provided herein 4 COMPENSATION In consideration of the performance of the services described herein CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement a fee including all costs and expenses not to exceed Thirty Thousand --------------- Dollars ($ 30 , 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 agree/surfnet/professional svcs to$49 12 07 2 work only after receiving written authorization from CITY Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B " 7 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first These materials may be used by CITY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses expenses, judgments demands and defense costs (including, without limitation costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/professional sves to$49 12 07 3 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 If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election to agree/surfnet/professional svcs to$49 12 07 4 forthwith terminate this Agreement Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY 10 CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement the certificate shall A provide the name and policy number of each carrier and policy, B state that the policy is currently in force, and C shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice, however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required agree/surfnet/professional sves to$49 12 07 5 11 INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder 12 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner CITY may terminate CONSULTANT's services hereunder at any time 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 heremabove agree/surfnet/professional sves to$49 1207 6 14 COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work item or material produced as a result of this Agreement 15 CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 16 NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 heremabove) or to CITY as the situation shall warrant or by enclosing the same in a sealed envelope postage prepaid and depositing the same in the United States Postal Service, to the addresses specified below CITY and CONSULTANT may designate different addresses to which subsequent notices certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U S certified mail return receipt requested TO CITY TO CONSULTANT City of Huntington Beach Overland, Pacific & Cutler, Inc ATTN Stanley Smalewitz Attn Amber Costello, Corp Counsel 2000 Main Street 100 W Broadway, Suite 500 Huntington Beach CA92648 Long Beach„ CA 90802 ( 562 ) 304-2000 agree/surfnet/professional Svcs to$49 1207 7 17 CONSENT When CITY's consent/approval is required under this Agreement its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 19 SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 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 agree/surfnet/professional svcs to$49 1207 8 to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 21 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 22 IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular comply with the provisions of the United States Code regarding employment verification 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 agree/surfnet/professional sves to$49 12 07 9 24 ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailmg 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 SIGNATORIES Each undersigned represents and warrants that its signature herembelow has the power authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not in fact held by the signatory or is withdrawn CONSULTANT's initials 28 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations inducements, promises, agreements or warranties oral or otherwise have been made by that party or anyone acting on that party's agree/surfnet/professional sves to$49 1207 10 behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 29 EFFECTIVE DATE IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized officers This Agreement shall be effective on the date of its approval by the City Attorney This Agreement shall expire when terminated as provided herein CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of OVERLAND, PACIFIC & CUTLER, INC California COMPANY NAME Director, Economic Development t ' By �� Stanley Smalew Director/Chief (Pursuant To HBMC§3 03 100) print name ITS (circle one Chairman/President ice President C APPROVED AS TO FORM AN By City Attorney (1�3`�a� — y � Date print name c� r ITS (circle one)Secretary/Chief Financial Officer/ sst Secretary— easurer agree/surfnet/professional svcs to$49 1207 11 EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) Overland, Pacific and Cutler Inc (OPQ will provide in-house consulting services to perform various right-of-way activities Required services may include, but are not limited to administration, title services, appraisal services, negotiation services, closing services, condemnation support services, and property acquisition services B CONSULTANT'S DUTIES AND RESPONSIBILITIES 1 Administration Preparing property owner contact lists, providing project schedules indicating anticipated start and end dates, participating in project review meetings, providing current status reports of all parcel and project activities, providing monthly summaries of project expenses including amounts authorized, amounts paid and forecasted, providing personnel available to answer questions, maintaining copies of all correspondence and contacts with property owners, and maintaining files of original documentation related to each property or property interest 2 Title Services Securing preliminary title commitments or title searches, securing title updates, securing title insurance for all parcels acquired, insuring acceptable title to the City The cost of all title services, with the exception of curative work necessary to provide clear title to the City, will be paid by the City and should not be included in the proposer's scope of work or fee schedule The cost of all curative work necessary to provide clear title to the City is the responsibility of the proposer and should be included in the negotiated fee schedule 3 Appraisal Services Securing written permission from owners to enter properties from which land is to be acquired, preparing and conducting pre-appraisal contact with interest owners for each parcel, contacting property owners or their representatives to offer an opportunity to accompany the appraiser on the appraiser's inspection of subject property, preparing a complete appraisal report for each parcel to be acquired, as necessary, prepare written notification to the City of any concerns associated with properties to be acquired which could require remediation, and reviewing completed appraisals with City staff As necessary, review appraisal reports to determine consistency with values, supporting documentation related to the conclusions reached, and compliance with the Uniform Standards of Professional Appraisal Practices Appraisers must be approved in advance by the City Surfnet Exhibit A 4 Negotiation Services Analyzing preliminary title reports to determine potential title problems, proposing methods to cure title deficiencies, preparing initial offer letters, memorandums of agreement, instruments of conveyance, and other documents requested by the City, contacting each property owner or their representative to present the written offer in person where practical, maintaining follow up contacts and, upon acceptance of the City's offer, securing the necessary instruments for closing, responding to property owner inquiries verbally and in writing within two business days, advising property owners on the administrative settlement process, transmitting to the City any written counter offers from property owners along with supporting documentation and recommendations, and preparing final offer letters 5 Closing Services Coordinating with the City and title company to obtain updated title commitments and certified copies of instruments of conveyance and ensuring recordation of all instruments immediately after closing 6 Condemnation Support Services Providing two copies of complete property files to the City, participating in preparation meetings and pre trial hearings, providing additional information as requested by the City Attorney, and taking photographs of the interest to be acquired on the day of deposit 7 Property Acquisition Services Providing written notification to the City of any items not acquired or retained by property owners as part of an acquisition, providing written notification to the City when buildings are vacant and ready for disposal, coordinating with property owner to assure the clearance of personal property C CITY'S DUTIES AND RESPONSIBILITIES City to provide project manager with office work space at city facility and access to various property files related to projects assigned D WORK PROGRAM/PROJECT SCHEDULE ' OPC's project manager will provide services at least two (2) full days per week through the end of September 2008 Surfnet Exhibit A EXHIBIT "B" Payment Schedule (Hourly Basis) I CONSULTANT shall be entitled to monthly payments for work performed under this contract on an hourly not to exceed basis The fixed rate will be at$105 per hour A) Total fees shall not exceed thirty thousand dollars ($30,000 00) CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative (s) 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 payment due Such invoice shall A) Reference this Agreement B) Describe the services performed C) Show the total amount of the payment due, and 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 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 to 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 Suffnet Exhibit B EXHIBIT B Hourly Basis s ' INSURANCE AND INDEMNIFICATION AIVER MODIFICATION REQUEST 1 Requested by Economic Development - Tina Krause JUN 2 3 2008 2 Date June 12, 2008 City of Huntington Beach 3 Name of contractor/permittee Overland Pacific & Cutler Inc ttuAttomeysOffke 4 Description of work to be performed Consulting service to perform various right-of-way activities 5 Value and length of contract June 2008 through May 2011, not to exceed $30,000 6 Waiver/modification request Deductibles for PL $50,000, GL $10,000, Auto $1,000 7 Reason for request and why it should be granted Unable to comply with zero deductible 8 Identify the risks to the City in approving this waiver/modification The city has been doing business with OPC for the last couple of years and they are a reputable company throughout California Departmen ead Signature Date APPROVALS FApprovals must be obtained in the order listed on this form Two approvals are required for a request to be granted Approval fro the City Administrators Office is only required if Risk Manageme n t e City Attorney Office isagree 1 Rpk Management A roved ❑ Denied Signature Date 2 City Attorney's Office/>EI:2kpproved ElDenied �i 2 *--AS`gnat�ure Date 3 City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved the completed waiver/modification request is to be submitted to the City Attorney s Office along with the contract for approval Once the contract has been approved this form is to be filed with the Risk Management Division of Human Resources OPC (2) 6/12/2008 2 15 00 PM .4C®R® CERTIFICATE ®F LIABILITY INSURANCE 6/110/2008 PRODUCER (818)598-8900 FAX (818)598-8910 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Venbrook ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 6320 Canoga Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 12th Floor Woodland Hills CA 91367 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Hartford Fare Insurance 19682 Overland Pacafac & Cutler Inc INSURER The Hartford 100 West Broadway Suate 500 INSURER Lloyds of London 10200 INSURER D Long Beach CA 90802 INSURER OVERAGES 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 AGGRE ATE LIMIT SHOWN MAY HAVEBEEN REDUCED BY PAID CLAIMS INSR ADD L POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DDIYY LIMITS GENERAL LIABILITY EACHOCCURRENCE $ 1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES Ea occurrence $ 300 000 A CLAIMS MADE Dfl OCCUR 72UUNTR7859 6/l/2008 6/1/2009 MEDEXP(Any oneperson) $ 10 000 X $10 000 BI&PD DEDT PERSONAL&ADV INJURY S 1 000 000 X PER CLAIM GENERAL AGGREGATE $ 2 000 000 GEN L AGGREGATE LIMIT APPLIES PER -PRODUCTS CCOMP/PA $ 2 000 000 POLICY PRO T X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 DOO X ANY AUTO (Ea amdent) A ALL OWNED AUTOS 72UUNTR7859 6/1/2008 6/1/2009 BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS [+ BODILY INJURY $ NON OWNED AUTOS 4 �� D A$ (Per accident) �X_ COMP DEDT $1 000 PROPERTY DAMAGE $ COLL DEDT $1 000 I!/jC�3 (Per accde t) GARAGE LIABILITY I'S,j fV AUTOONLY EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG S EXCESS/UMBRELLA LIABILITYOCCURRENCE $ 1 000 000 X OCCUR CLAIMS MADE AGGREGATE $ 1 000 000 $ B DEDUCTIBLE 72RHUTR7849 6/1/2008 6/1/2009 $ RETENTION-4 $ B WORKERS COMPENSATION AND X WC STATU O R EMPLOYERS LIABILITY T R ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED 72WETQ9133 6/1/2008 6/1/2009 E L DISEASE EA EMPLOYEE$ 1 000 000 If yes descnbe under SPECIAL PROVISIONS below E L DISEASE POLICY LIMIT $ 1 000 000 C OTHER Errors & Omassaons MEOIOOI12508 6/l/2008 6/1/2009 E o $2 000 000 Professional Laab SIR $ 50 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *10 Days Notice of Cancellation for Non-Payment of Premium 30 Days All Others* The City and Redevelopment Agency of The City of Hunting Beach its agents officers and employees arenamed as additional insured for general liability regarding the named insureds operations for or on behalf of the certificate holder CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The C-ity and Redevelopment Agency of EXPIRATION DATE THEREOF THE ISSUING INSURER WILL MMMAX MAIL The Caty of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT XXX 2000 Main Street � � � Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE Blanca Gomez/BEGS` ACORD 25(2001108) O ACORD CORPORATION 1988 INS025(0i08)o8 AMS 1:) W Ile s Kluwe F a ai Sery ces Page 1 12 have all your rights and duties under this Coverage 5 Nonowned Watercraft Part With respect to watercraft you do not own that is less e Unnamed Subsidiary than 51 feet long and is not being used to carry Any subsidiary and subsidiary thereof of yours persons for a charge any person is an insured while which is a legally incorporated entity of which you operating such watercraft with your permission Any own a financial interest of more than 50% of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured but only Part with respect to liability arising out of the operation of The insurance afforded herein for any subsidiary the watercraft and only if no other insurance of any not named in this Coverage Part as a named kind is available to that person or organization for this liability insured does not apply to injury or damage with respect to which an insured under this Coverage However no person or organization is an insured with Part is also an insured under another policy or respect to would be an insured under such policy but for its a Bodily injury to a co employee of the person termination or the exhaustion of its limits of operating the watercraft or insurance b Property damage to property owned by rented to 3 Newly Acquired or Formed Organization in the charge of or occupied by you or the employer Any organization you newly acquire or form other than of any person who is an insured under this a partnership joint venture or limited liability company provision and over which you maintain financial interest of more 6 Additional Insureds When Required By Written than 50% of the voting stock will qualify as a Named Contract Written Agreement Or Permit Insured if there is no other similar insurance available The following person(s) or organization(s) are an to that organization However additional insured when you have agreed in a written a Coverage under this provision is afforded only until contract written agreement or because of a permit the 180th day after you acquire or form the issued by a state or political subdivision that such organization or the end of the policy period person or organization be added as an additional whichever is earlier insured on your policy provided the injury or damage b Coverage A does not apply to bodily injury or occurs subsequent to the execution of the contract or property damage that occurred before you agreement acquired or formed the organization and A person or organization is an additional insured under c Coverage B does not apply to personal and this provision only for that period of time required by advertising injury arising out of an offense the contract or agreement committed before you acquired or formed the However no such person or organization is an insured organization under this provision if such person or organization is 4 Mobile Equipment included as an insured by an endorsement issued by With respect to mobile equipment registered in your us and made a part of this Coverage Part name under any motor vehicle registration law any a Vendors person iS ariu-cured—while driving—such Pquipment Any-person{ )-or—organ►zat►on(sy referred---to-below-- --- along a public highway with your permission Any other as vendor) but only with respect to bodily injury person or organization responsible for the conduct of or property damage ansing out of your products such person is also an insured but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment of the vendors business and only if this Coverage and only if no other insurance of any kind is available Part provides coverage for bodily injury or to that person or organization for this liability However property damage included within the products no person or organization is an insured with respect to completed operations hazard a Bodily injury to a co employee of the person (1) The insurance afforded the vendor is subject to driving the equipment or the following additional exclusions b Property damage to property owned by rented to This insurance does not apply to in the charge of or occupied by you or the employer (a) Bodily injury or property damage for of any person who is an insured under this which the vendor is obligated to pay provision damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement Page 10 of 18 HG 00 0106 05 (b) Any express warranty unauthorized by you c Lessors of Land or Premises (c) Any physical or chemical change in the Any person or organization from whom you lease product made intentionally by the vendor land or premises but only with respect to liability (d) Repackaging except when unpacked solely arising out of the ownership maintenance or use of for the purpose of inspection demonstration that part of the land or premises leased to you testing or the substitution of parts under With respect to the insurance afforded these instructions from the manufacturer and then additional insureds the following additional repackaged in the original container exclusions apply (e) Any failure to make such inspections This insurance does not apply to adjustments tests or servicing as the vendor 1 Any occurrence which takes place after you has agreed to make or normally undertakes cease to lease that land or to make in the usual course of business in connection with the distribution or sale of the 2 Structural alterations new construction or products demolition operations performed by or on behalf of such person or organization (f) Demonstration installation servicing or d Architects Engineers or Surveyors repair operations except such operations performed at the vendors premises in Any architect engineer or surveyor but only with connection with the sale of the product respect to liability for bodily injury property (g) Products which after distribution or sale by damage or personal and advertising injury you have been labeled or relabeled or used caused in whole or in part by your acts or as a container part or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the on your behalf vendor or (1) In connection with your premises or (h) Bodily injury or property damage arising (2) In the performance of your ongoing operations out of the sole negligence of the vendor for performed by you or on your behalf its own acts or omissions or those of its With respect to the insurance afforded these employees or anyone else acting on its additional insureds the following additional behalf However this exclusion does not exclusion applies apply to This insurance does not apply to bodily injury (►) The exceptions contained in Sub property damage or personal and advertising paragraphs (d)or(f) or injury arising out of the rendering of or the failure (n) Such inspections adjustments tests or to render any professional seances by or for you servicing as the vendor has agreed to including make or normally undertakes to make in 1 The preparing approving or failing to prepare the usual course of business in or approve maps shop drawings opinions connection with the distribution or sale of reports surveys field orders change orders or the products drawings and specifications or (2) This insurance does not apply to any insured --2 Su-perv►sory inspecbon _architectural_ person or organization from whom you have engineering activities acquired such products or any ingredient part e Permits Issued By State Or Political or container entering into accompanying or Subdivisions containing such products b Lessors of Equipment Any state or political subdivision but only with respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the state or political subdivision lease equipment but only with respect to their has issued a permit liability for bodily injury property damage or With respect to the insurance afforded these personal and advertising injury caused in additional insureds this insurance does not apply whole or in part by your maintenance operation or use of equipment leased to you by such to person or organization (1) Bodily injury property damage or personal (2) With respect to the insurance afforded to these and advertising injury arising out of operations additional insureds this insurance does not performed for the state or municipality or apply to any occurrence which takes place (2) Bodily injury or property damage included after the equipment lease expires within the products completed operations hazard HG 00 0106 05 Page 11 of 18 f Any Other Party c Persons or organizations making claims or bringing Any other person or organization who is not an suits insured under Paragraphs a through e above but 2 General Aggregate Limit only with respect to liability for bodily injury The General Aggregate Limit is the most we will pay property damage or personal and advertising for the sum of injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting a Medical expenses under Coverage C on your behalf b Damages under Coverage A except damages (1) In the performance of your ongoing operations because of bodily injury or property damage (2) in connection with your premises owned by or included in the products completed operations hazard and rented to you or c Damages under Coverage B (3) in connection with your work and included within the products completed operations 3 Products Completed Operations Aggregate Limit hazard but only if The Products Completed Operations Aggregate Limit (a) The written contract or agreement requires is the most we will pay under Coverage A for damages you to provide such coverage to such because of bodily injury and property damage additional insured and included in the products completed operations hazard (b) This Coverage Part provides coverage for 4 Personal and Advertising Injury Limit bodily injury or property damage included within the products completed operations Subject to 2 above the Personal and Advertising hazard Injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all personal additional insureds this insurance does not apply and advertising injury sustained by any one person or to organization Bodily injury property damage or personal and 5 Each Occurrence Limit advertising injury arising out of the rendering of or Subject to 2 or 3 above whichever applies the Each the failure to render any professional architectural Occurrence Limit is the most we will pay for the sum engineering or surveying services including of (1) The preparing approving or failing to prepare a Damages under Coverage A and or approve maps shop drawings opinions b Medical expenses under Coverage C reports surveys field orders change orders or because of all bodily injury and property damage drawings and specifications or arising out of any one occurrence (2) Supervisory inspection architectural or 6 Damage To Premises Rented To You Limit engineering activities Subject to 5 above the Damage To Premises Rented The limits of insurance that apply to additional insureds To You Limit is the most we will pay under Coverage A under this provision is described in Section III — Limits for damages because of property damage to any one Of Insurance — premises--wbite--rented--toyou,_or in theca_se-9L— _ How this insurance applies when other insurance is damage by fire lightning or explosion while rented to available to the additional insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV— Commercial the owner General Liability Conditions In the case of damage by fire lightning or explosion No person or organization is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership joint venture or to all damage proximately caused by the same event limited liability company that is not shown as a Named whether such damage results from fire lightning or Insured in the Declarations explosion or any combination of these SECTION III—LIMITS OF INSURANCE 7 Medical Expense Limit 1 The Most We will Pay Subject to 5 above the Medical Expense Limit is the The Limits of Insurance shown in the Declarations and most we will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of bodily injury sustained by any the number of one person a insureds 8 How Limits Apply To Additional insureds b Claims made or suits brought or if you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 0106 05 added as an additional insured on your policy the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured is settlement of the claim or defense against the the lesser of suit and a The limits of insurance specified in the written (4) Assist us upon our request in the enforcement of contract or written agreement or any right against any person or organization which b The Limits of Insurance shown in the Declarations may be liable to the insured because of injury or Such amount shag be a part of and not in addition to damage to which this insurance may also apply Limits of insurance shown in the Declarations and d Obligations At The Insureds Own Cost described in this Section No insured will except at that insureds own cost The Limits of insurance of this Coverage Part apply voluntarily make a payment assume any separately to each consecutive annual period and to any obligation or incur any expense other than for first remaining period of less than 12 months starting with the aid without our consent beginning of the policy period shown in the Declarations a Additional Insureds Other Insurance unless the policy period is extended after issuance for an if we cover a claim or suit under this Coverage additional period of less than 12 months In that case the Part that may also be covered by other insurance additional period will be deemed part of the last preceding available to an additional insured such additional period for purposes of determining the Limits of Insurance insured must submit such claim or suit to the SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and indemnity CONDITIONS However this provision does not apply to the 1 Bankruptcy extent that you have agreed in a written contract or Bankruptcy or insolvency of the insured or of the written agreement that this insurance is primary insureds estate will not relieve us of our obligations and non contributory with the additional insureds under this Coverage Part own insurance 2 Duties In The Event Of Occurrence Offense Claim f Knowledge Of An Occurrence Offense Claim Or Suit Or Suit a Notice Of Occurrence Or Offense Paragraphs a and b apply to you or to any additional insured only when such occurrence You or any additional insured must see to it that we offense claim or suit is known to are notified as soon as practicable of an occurrence or an offense which may result in a (1} You or any additional insured that is an claim To the extent possible notice should include individual (1) How when and where the occurrence or (2) Any partner if you or an additional insured is a offense took place partnership (2) The names and addresses of any injured (3) Any manager if you or an additional insured is a persons and witnesses and limited liability company (3) The nature and location of any injury or damage (4) Any executive officer or insurance manager if arising out of the occurrence or offense you or an additional insured is a corporation — —b--Notice-Of—C1arm _ (5)—Anv trustee_if y_ou or an additional insured is a trust or If a claim is made or suit is brought against any insured you or any additional insured must (6) Any elected or appointed official if you or an (1) immediately record the specifics of the claim or additional insured is a political subdivision or suit and the date received and public entity (2) Notify us as soon as practicable This duty applies separately to you and any additional insured You or any additional insured must see to it that we 3 Legal Action Against Us receive written notice of the claim or suit as soon as practicable No person or organization has a right under this c Assistance And Cooperation Of The Insured Coverage Part You and any other involved insured must a To join us as a party or otherwise bring us into a suit asking for damages from an insured or (1) Immediately send us copies of any demands b To sue us on this Coverage Part unless all of its notices summonses or legal papers received in terms have been fully complied with connection with the claim or suit (2) Authorize us to obtain records and other A person or organization may sue us to recover on an agreed settlement or on a final judgment against an information insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 Page 13 of 18 r CITY OF HUNTING TON EACH R E C E I V E D Professional Service Contracts JUN 2 7 2008 Purchasing Certification 1 Date 6/23/2008 2 Contract Number ECD 00802600vto neyan Beach ttorney s Offle 3 Department Economic Development 4 Requested by Tina Krause 1 5 11 5 Name of consultant Overland Pacific and Cutler Inc 6 Attach the written statement of the specification conditions and other requirements for the requested services provided to solicited consultants See attached contract 7 Amount of the contract $30 000 8 Are sufficient funds available to fund this contract?' ® Yes ❑ No 9 Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10 Business Unit and Object Code where funds are budgeted 10080501 69365 11 Is this contract less than $50 0009 ® Yes ❑ No 12 Does this contract fall within $50 000 and $100 0009 ❑ Yes ® No 13 Is this contract over$100 0009 ❑ Yes ® No (Note Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk Make sure the appropriate signature page is attached to contract) 14 Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15 Attach list of consultants from whom proposals were requested (including a contact telephone number) The City has another contract with OPC which went through a prior RFP procress _ No t r /j Q 16 Attach proposed scope of work See Exhibit in attached contract zcJrr `3v� hoof x�.uih� 17 Attach proposed payment schedule See Exhibit B in attached contract Department Head Sig na ure R,_IPHA D AMADRIL Central Services Manager 1 If the answer to this question is No the contract will require approval from the City Council