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HomeMy WebLinkAboutPENCO ENGINEERING, Inc - Design Consulting Services for Arterial Highway Rehabilitation Projects - Orange County Transportation Authority (OCTA) - 1998-08-17 CITY OF HUNTINGTON BEACH MEETING DATE: August 17, 1998 DEPARTMENT ID NUMBER: PW 998-068 o r 1371 ncu/ 44 V5 ACCA m I Y-�^yma.n r *� Council/Agency Meeting Held: 66 /D VD ferred/Continued to: Approved ❑p Conditionally Approved ❑ Denied E�vl C y lerk's Signature �-O Council Meeting Date: August 17, 1998 Department ID Number: PW 98-068 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 0-161 PREPARED BY: W&ERT F. BEARDSLEY, Director of Public Works r( 7� SUBJECT: Approve Agreement with Berryman & Henigar and with Penco Engineering, Inc. for design of Arterial Highway Rehabilitation Program projects; PN 17080 IFStatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments Statement of. Issue: The City has applied for funding from the Arterial Highway Rehabilitation Program administered by the Orange County Transportation Authority. In order to obtain funding from this program and to enhance the City's chances of obtaining funding from other programs, the projects should be designed and be made shelf ready. Fundinq Source: Funds are available in account number E-SX-PW-136-3-90-00. Recommended Action: Motion to: 1. Approve agreement between the City and Berryman & Henigar to provide consulting services for $64,627 and between the City and Penco Engineering, Inc. to provide consulting services for $70,206. 2. Authorize the Mayor and the City Clerk to execute the agreements. Alternative Action(s): Deny approval of the amendment to the agreement and provide staff with alternate direction to proceed or forego the project. is 0032536.01 -2- 08/03/98 12:49 PM AUTHOR: KATOD 1 I/ REQUEST FOR COUNCIL ACTION MEETING DATE: August 17, 1998 DEPARTMENT ID NUMBER: PW 98-068 Analysis: Public Works has applied for 17 projects from the Arterial Highway Rehabilitation Program (AHRP) administered by the Orange County Transportation Authority. Also, Public Works anticipates that those projects that will not be awarded AHRP funding will be eligible for other funding programs. Projects that are already designed are more attractive to the funding agencies because their funds can be utilized immediately. In order to enhance the City's chances of obtaining funding, designs for the 17 projects should be prepared now. On June 23, 1998, staff mailed requests for proposal to six qualified engineering consultants and received five proposals from the following firms: 1. Boyle Engineering Corporation Santa Ana 2. CDC Engineering Irvine 3. Berryman & Henigar Santa Ana 4. Norris Repke Santa Ana 5. Penco Engineering, Inc. Irvine On July 10, 1998 a three member committee prepared written evaluations of each proposal on the basis of qualifications and experience of key individuals, staff availability, successful completion of similar projects, and quality of proposal. The committee selected Berryman Henigar and Penco Engineering as the top two consultants. 0032536.01 -3- 08/03/98 4:48 PM AUTHOR: KATOD REQUEST FOR COUNCIL ACTION MEETING DATE: August 17, 1998 DEPARTMENT ID NUMBER:PW 98-068 The two consultants will design the following streets: Consultant Street From To Berryman & Henigar Heil Saybrook Bolsa Chica Graham Springdale Beach Newland Berryman & Henigar Warner Beach Newland Berryman & Henigar Brookhurst Hamilton Indianapolis Berryman & Henigar Edinger Goldenwest Gothard Berryman & Henigar McFadden Goldenwest 1-405 Berryman & Henigar Magnolia Atlanta Indianapolis Berryman & Henigar Edwards Warner Bolsa Penco Gothard Ellis Heil Penco Bushard Brookhurst 1000' s/o Banning 2000' s/o Adams Adams Penco Hamilton Bushard Santa Ana River Penco Palm Goldenwest 17th Penco Newland Hamilton Atlanta Penco Algonquin Davenport Heil Penco Yorktown Bushard Brookhurst Penco Graham Warner Heil Edinger McFadden Penco Indianapolis Newland 1320' w/o Bushard Penco Delaware Detroit Adams Yorktown 17th Environmental Status: The project has been reviewed and determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 C. Attachment(s): City Clerk's Page Number . ....... ........ .... ..... .......... ...... ...... ....... .... ...... ........... ...... 1. Agreement with Berryman & Henigar 2. Agreement with Penco Engineering, Inc. 3. Certificate of Insurance for Berryman & Henigar 4. Certificate of Insurance for Penco Engineering, Inc. RCA Author: Kato 0032536.01 -4- 07/29/98 11:19 AM AUTHOR: KATOD (5) • 08/17/98 - Council/Agency Agenda - Page 5 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes -Approve and adopt the minutes of the City Council/Redevelopment Agency adjourned regular meeting of July 13, 1998 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved and Adopted 7-0] E-2. (City Council)Approve Contract Amendment No. 2 -All American Asphalt Company - For Residential Street Overlays - MSC 397 (600.50) -Approve Amendment No. 2 to Agreement Between the City of Huntington Beach and All American Asphalt, Inc. originally entered into on June 3, 1996 for residential streets overlay and authorize execution by the Mayor and City Clerk. Submitted by the Public Works Director [Approved 6-0-1 (Green absent from room)] E-3. (City Council) Award Bid And Approve Construction Contract For The Wheelchair Ramp Construction Project In The Newland Enhancement Area; CC-1027 - C.J. Construction, Inc. (600.70) - 1. Approve the lowest responsive/responsible bid submitted by C.J. Construction, Incorporated, for the Wheelchair Ramp Construction Project in the Newland Enhancement Area, CC-1027; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of$35,375; and 3. Authorize the Public Works Department to expend a total of$41,000 including the contract amount of$35,375, anticipated construction change orders of$3,538 and supplemental expenditures of$2,087. Submitted by the Public Works Director [Approved as amended to include the figure of$250 in the liquidated damages portion of contract- 6-0-1 (Green absent from room)] E-4. (City Council) Approve Appointments To Personnel Commission Vacancies (110.20) -Approve the recommendation of Councilman Sullivan and Councilman Harman, liaisons to the Personnel Commission that the following individuals be appointed to four year terms on the Personnel Commission: Darrach G. Taylor, 7/1/98 to 6/30/2002 and Richard J. Zeleznikar, 7/1/98 to 6/30/2002. Submitted by the Personnel Director [Approved 6-0-1 (Green absent from room)] E-5. (City Council) Accept The Flounder Pump Station Upgrade Project; CC-742 And File A Notice Of Completion -ARA Engineering (600.60) -Accept the Flounder Pump Station Upgrade Project at a final cost of$592,663 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Public Works Director [Approved 7-01 (5) ;,"iff 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: 4L)a 2u 7' Q. /9 9,? TO: / ehr-D ATTENTION: n� N me J—7 S DEPARTMENT:. PjelI C.lOAI Street - F REGARDING: killdfi-0,11 u�d City,State,ZipI Id /YDf 8 .5 fN/70,fd See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other /c CC: Bellrd s/ 1 r�6 617-6 h Name Department Depart en� / RC Agreement Insuranc/e, Other Name Department W RCA Agreement Insurance Other✓ Name Department RCA Agreement Insurance Other Name Departure RCA Agreement InsuranceOther e n��oz"q Risk Management Dept. Insurance Received by Name- Company Name-Date Gfol lowup/coverltr (Telephone:714-536-5227) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PENCO ENGINEERING, INC. TO PROVIDE DESIGN CONSULTING SERVICES FOR ARTERIAL HIGHWAY REHABILITATION PROJECTS Table of Contents 1 Work Statement....................................................................................................1 2 City Staff Assistance.............................................................................................2 3 Time of Performance............................................................................................2 4 Compensation ......................................................................................................2 5 Priorities................................................................................................................2 6 Extra Work............................................................................................................2 7 Method of Payment...............................................................................................3 8 Disposition of Plans, Estimates and Other Documents.........................................4 9 Hold Harmless......................................................................................................5 10. Workers' Compensation Insurance........................................................................5 11. General Liability Insurance.....................................................................................6 12 Professional Liability Insurance.............................................................................6 13 Certificates of Insurance.......................................................................................7 14 Independent Contractor.......................................................................................8 15 Termination of Agreement ....................................................................................8 16 Assignment and Subcontracting ..........................................................................9 17 Copyrights/Patents ...............................................................................................9 18 City Employees and Officials ................................................................................9 19 Notices..................................................................................................................9 20 Immigration.........................................................................................................10 21 Legal Services Subcontracting Prohibited...........................................................10 22 Attorney's Fees....................................................................................................10 23 Entirety...................................................................................................................11 g:agree/j f/Pen co/8/4/9 8 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PENCO ENGINEERING, INC. TO PROVIDE DESIGN CONSULTING SERVICES FOR ARTERIAL HIGHWAY REHABILITATION PROJECTS THIS AGREEMENT, made and entered into this day of , 1998, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Penco Engineering, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide design consulting services for arterial highway rehabilitation projects in the City of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. WORK STATEMENT CONSULTANT shall provide all services as described in CITY's Request for Proposal ("RFP") and CONSULTANT's proposal dated July 6, 1998, as revised July 17, 1998 (CITY's RFP and CONSULTANT's proposal are hereinafter referred to as Exhibit "A"), which are attached hereto and incorporated into this AGREEMENT by this reference. These services shall sometimes hereinafter be referred to as "PROJECT." 1 g:agree/jf/Penco/8/4/98 CONSULTANT hereby designates Williams J. Goodwin, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this AGREEMENT. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this AGREEMENT. 3. 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 and all tasks specified in Exhibit "A" shall be completed no later than six(6) months from the date of this AGREEMENT. These times may be extended with the written permission of CITY. This schedule may be amended if mutually agreed by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee of not exceed seventy thousand two-hundred six dollars ($70,206). 5. PRIORITIES In the event there are any conflicts or inconsistency between this AGREEMENT, CITY's RFP, or CONSULTANT's proposal,the following order of precedence shall govern: 1)AGREEMENT, 2) CONSULTANT's proposal, and 3) CITY's RFP. 6. 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 2 g:agree/jf/Penco/8/4/98 work 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. 7 METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A". B. Delivery of work product: A copy of every technical memo and report 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. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this AGREEMENT; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONSULTANT's firm that the work has been performed in accordance with the provisions of this AGREEMENT; and 5) For all payments include an estimate of the percentage of work completed. 3 g:agree/jf/Penco/8/4/98 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 promptly 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, within seven(7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this AGREEMENT is terminated as provided herein. D. Any billings for extra work or additional services authorized 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. 8. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other .documents, shall be turned over to CITY upon termination of this AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this AGREEMENT is 4 g:agree/jf/Penco/8/4/98 terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and save and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including, without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's 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. 10. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONSULTANT acknowledges awareness of section 3700 et seq. of said Code,which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONSULTANT shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit. 5 g:agree/j f/Penco/8/4/98 CONSULTANT shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 11. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. 12. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's 6 g:agree/jf/Penco/8/4/98 professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. A claims made policy shall be acceptable if the policy further provides that: 1. The policy retroactive date coincides with or precedes the professional services contractor's start of work(including subsequent policies purchased as renewals or replacements). 2. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3. 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. 4. The reporting of circumstances or incidents that might give rise to future claims. 13. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates 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 policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) 7 g:agree/jflPenco/8/4/98 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 coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. 14. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this AGREEMENT as an independent contractor. CONSULTANT shall secure at its 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 services to be performed hereunder. 15. 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 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. 8 g:agree/jf/Penco/8/4/98 16. ASSIGNMENT AND SUBCONTRACTING This AGREEMENT is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the written consent of CITY. 17. 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. 18. 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. 19. NOTICES Any notice or special instructions required to be given in writing under this AGREEMENT shall be given either by personal delivery to CONSULTANT's agent(as designated in Section 1 hereinabove) or to CITY's Director of Public Works 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, addressed as follows: TO CITY: TO CONSULTANT: Director of Public Works Williams J. Goodwin, Principal Public Works Department Penco Engineering, Inc. City of Huntington Beach One Technology Park, Building J-725 2000 Main Street Irvine, CA 92718 Huntington Beach, CA 92647 9 g:agree/jf/Penco/8/4/98 20. 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. 21. 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. 22. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 10 g:agree/jf/Penco/8/4/98 23. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire AGREEMENT between the parties. 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. PENCO ENGINEERING, INC. CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayo print name ITS: (circle one)Chairman/Presiden ice President ATTEST: AND By: City Clerk i CC— �. print name APPROVED AS TO FORM:-' ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary Treasurer REVIEWED AND APPROVED: City '7"A R ¢VID AND P O Cit Administrator Director of Public Works 11 g:agree/jf/Penco/8/4/98 JUL-29-98 WED 08:56 AM DEALEY RENTON & ASSOC FAX NO. 626 844 3074 F. 02/Ask ' M�®® �./I ■ a rP> � mm� � f <y z ..:. a DATE snMmm o ) 07J2 9/98 Issu PRODUCER ? THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Dealey,Renton&Associates DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 600 So.Lake Avenue,Suite 308 ;..POLICIES BELOW................................................................................................................................ Pasadena CA91lOG �V COMPANIES AFFORDING COVERAGE (626)844.3070/Fax(626)844-3074 :...... ........... .... COMPANY 600 , /0 U� LETTERA St. Paul Fire&marine ij ................................................................................._,.......................................I......... ......... COMPANY $ American Motorists ........................................................................................... INSURED LETTER COMPANY Peneo Engineering,Inc. LETTER C Design Professionals Inc. Attn:Ms.Lisa Pastore I Technology, Bldg.J,t1725 COMPANY Dime CA 92718-0000 LETTER D :...LETTER......................_.................................... COMPANY E C0Y Aq t :>t<,:. THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . CO: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ;POLICY E mRAr.ON UMITS LTA; DATE (MMIDONY) DATE(MMIDO" .... .........................................—......................................................................._..... .... A 'GENERAL UAHIL" RP06616721 08/01197 OS/01/99 GENERAL AGGREGATE ;s 4,000,000 COMMFFICIAL GENERAL LIABILITY PRODUCTSCOMPiOP AGO. `9 4 OD0,000 CLAUS MADE X OCCUR. GENERAL LIABILITY PERSONAL b AOv.INJURY s 2,000,000 X `.OWNER'S 8 CONTRACTOR'S PROT, HAS $O DEDUCTIBLE EACH OCCURRENCE S 2,000,000 :............... .....,. .......00,......E .. X CONTRACTUAL LIABILITY FrP.E DAMAGE(Any one are) S I N,CLU DED X BROAD FORM PROP.DAMAGE X XCLI MED.EXPENSE(Any one person);$ 5 000 ..................................................................................................................................... ........................... AUTOMOBILE LIABILRY .................GLE .......... A RP06616721 08/01/97 D8/01/99 OMMBiNED SINGLE $ 2,000,000 ANY AUTO ....... ALL OWNED AUTOS TO POM v BODILY INJURY (Per person) SCHEDULED AUTOS S ......................................................................... X :'HARED AUTOS BODILY INJURY X i NON-O'NNED AUTOS (Per ocaldenp S ........... ......................... GARAGE LIABILITY .t! ,y PROPERTY DAMAGE y J ... t :EXCESS UAB.LtTY :EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM ......... ......... _... ......... . ........-. • WORKER'S COMPENSATION X STATU70RY LIMITS ......................................... B AND 7CW2355551-07 09/01/97 09/01/99 ;EACH ACCIDENT > 1,000,000 EMPLOYERS'LIABILITY :DISEASE-POLICY LIMB 'S 1�.000.I.000 :................ ............................... ...., .... DISEASE-EACH EMPLOYEE S 1,000,000 OTHER C Professional Liability PL514615443 07/21/98 07/21/99 ::Each Claim 1,000,000 :Aggregate 1,000,000 Deductible Each CL. .... ..... ........................... .... .. _....-....-... .........-... ....................... DESCRIPYION OF OPERATIONSR.00ATIONSrMI LK"ECIAL ITEMS THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, AND EMPLOYEES ARE FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE NAMED AS ADDITIONAL INSURED ON THE GENERAL LIABILITY POLICY PER ATTACHED LIMIT IS THE TOTAL AMOUNT OF INSURANCE AVAILABLE ENDORSEMENT. FOR ALL COVERED CLAIMS PRESENTED WITHIN THE POLICY PERIOD. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. ty�A .�,tr�1�y�. y►.�� Imo' v�Ni tyT'*,f�,M.�'�!0. �r..::�..,f.:I...�c. .. , �:<.. ,.y..,..x,.. ,•...,,. 'K7! 'C.o- ON¢{. r..; r R. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY 1VILL1ftRXMX ffiXX)(XXX CITY OF HUNTINGTON BF.ACA. MAIL 30 R DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Ann:Doug Kato LEFT, ENX I&I XXXXXXXI 2000:1'lain St. RWCXXXK AVDOM OWRD>#B MMKKMXXXXXX HUNTINGTON BEACH CA 92648 `' OF PREMIUM ''f AUTNORQED NEPRESENTA7TYE i i Norah L. S.Small :::. :• :: yp��� E20 JUL-29-98 WED 08:58 AM DEALEY RENTON & ASSOC FAX NO, 626 844 3074 P. 03/03 Cc,is GENERAL ENDORSEMENT p In consideration of an additional premium of N/A it is hereby understood and agreed that the following applies: / [X] ADDITIONAL INSURED is/are Additional Insured/s as respects to work done by Named Insured. City of Huntington Beach, its officers,and employees [X] PRIMARY COVERAGE With respect to claims arising out of the operation of the:Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Additional Insured/s. [X] WAIVER OF SUBROGATION It is understood and agreed that the Company waives the right of subrogation against the above Additional Insured/s for project described in certificate attached hereto. [X] CROSS LIABILITY CLAUSE The naming of more than one person, firm or corporation as Insureds under this policy shall not, for that reason alone,extinguish any rights of one insured against another,but this endorsement, and the naming of multiple Insureds, shall not increase the total liability of the Company under this policy. [X] NOTICE OF CANCELLATION It s understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment of premium, 30 days written notice will be sent to the following by mail: City of Huntington Beach Attn: Doug Kato, Project Manager 2000 Main St. Huntington Beach, CA 92648 In the event the policy is canceled for non-payment of premium, 10 days written notice will be sent to the above, Policy No: RP06615721 Effective Date: 8/1/97 Insurance Company: St. Paul Fire&Marine Issued to: � Penco Engineering Inc. 2JZZ� /1 «�"-7 Issue Date.7/29/98 Authorized Representative - Norah L. S.Small RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Agreement with Berryman & Henigar and Penco Engineering, Inc. COUNCIL MEETING DATE: August 17, 1998 STUSAAM A 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 Attomey) 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 FOR` ED ..... .. ....... . ..... .. Administrative Staff ( ) ( vpo Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM (BelowOnly) RCA AUTHOR: DK