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HomeMy WebLinkAboutRyan Ecological Consulting - 2018-01-24 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RYAN ECOLOGICAL CONSULTING FOR LIGHT-FOOTED RIDGEWAY'S RAIL SURVEYS AND MONITORING 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 Ryan Ecological Consulting, a California S Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform light-footed Ridgeway's Rail surveys and monitoring, and complete the associated reports as required by the regulatory agencies for the CITY's Magnolia Street Bridge Preventive Maintenance (CC-1448) and Brookhurst Street Bridge Preventive Maintenance (CC-1449)projects; 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 Thomas Ryan who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 18-6241/172945/mv 1 of 11 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 January 24, 2018 (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 two (2) 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 "A," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Twenty-two Thousand Eight Hundred Fifty-three Dollars ($22,853.00). 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 1 8-624 1/1 72945/mv 2 of 11 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 "A." 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 18-6241/172945/mv 3 of 11 - -applicable. The policy limits do itot 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to 1 a-6241l172945/mv 4 of 11 -.,forthwitli--terininate-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. 1 8-624 1/1 7294 5/mv 5 of 11 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 hereinabove. 18-6241/172945/mv 6 of I I �_. r i 4.- COPYRIGHTS/PATENTS x CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and 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 Ryan Ecological Consulting ATTN: Jonathan Claudio 526 West Colorado Blvd. 2000 Main Street Monrovia, CA 91016 Huntington Beach, CA 92648 Attn: Thomas Ryan 1 s-6241/172945/mv 7 of 11 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 1 8-6241/1 72945/mv 8 of 11 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. 18-6241/172945/mv 9 of 11 24-. ATTORNEY'S_FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this 18-6241/172945imv 10 of 11 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 This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of RYAN ECOLOGICAL CONSULTING, California a California S Corporation By: Director/Chief (Pursuant To HBMC§3.03.100) hC>fl\r � print name APPROVED AS TO FORM: Title: (0,^es City Attorney �k1 ate RECEIV ANDF�E: City Clerk - Date a ® � 18-6241/172945/mv 11 of 11 EXHIBIT A Jonathan Claudio 2000 Main Street Huntington Beach, CA 92648 January 24, 2018 Re: Light-footed Ridgeway's Rail Surveys and Monitoring, Huntington Channel Bridges at Magnolia Street and Brookhurst Street, City of Huntington Beach, Orange County, California. Dear Jonathan, As requested, Ryan Ecological Consulting(REC) proposes to conduct protocol-level light-footed Ridgeway's Rail surveys and monitoring at the Within 500 feet of the Magnolia Street and Brookhurst Street Bridges over the Huntington Beach Channel (see attached maps), City of Huntington Beach, Orange County, California.This is located within the Newport Beach USGS Quad at (33°38'31.70"N, 117°58'19.63"W) and (33°38'10.31"N, 117°57'46.47"W). The services provided will include required coordination with State and Federal agencies, monitoring of mitigation measures, protocol-level field surveys, a map of any territories located, a draft report, and a final report. I currently possess a valid U.S. Fish and Wildlife Service Recovery Permit issued under Section 10(a)(1)(A) of the Endangered Species Act that allows me to conduct presence/absence surveys, for the Ridgeway's Rail throughout it's range, including County.This scope of services provided in Exhibit A will follow the U.S. Fish and Wildlife Service's California Clapper Rail Survey(2015) and conditions specified in my permits (Attached). It also should be noted that surveys are valid for one year from completion. Notice to proceed for the services described in Exhibit A can be accomplished by entering into a contract with Ryan Ecological Consulting. We look forward to working with you on this project and are excited to present our biological resources services to you. As Owner, I am authorized to represent and bind Ryan Ecological Consulting. Should you have any questions concerning this scope of work and cost estimate, please contact me at (949) 923-8224 or tryanbio@gmail.com. Best wishes, Thomas Ryan Ryan Ecological Consulting Exhibit A: Proposed Scope of Work. Task 1.Agency Coordination& Background Literature Search.As per permit requirements, the Ryan Ecological Consulting (REC) biologist must notify the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) prior to conducting surveys.An e-mail summarizing this correspondence will be provided. The REC biologist must also provide them with a report within 45 days of the survey as well as notification within 72 hours if a rail is detected.All must be fulfilled in order for the survey to be considered valid. In addition, prior to field work, the REC biologist will conduct a review of local records of the Ridgeway's Rail within a 5-mile radius of the project site,which will be summarized in the report (10 hours). Task 2. Field Surveys. As per the study protocols, the permitted REC biologist would conduct presence/absence surveys using both passive and active call-playback surveys as described the California Clapper Rail Survey Protocol (June 2015) and my Federal Recovery Permit Conditions TE-097516-6. The USFWS does not have an official survey protocol for the light-footed Ridgeway's rail, therefore we will use the USFWS California Clapper Rail Survey Protocol (June 2015).Two passive surveys will be conducted between January 22 and March 1, 2018;two active surveys using the call playback between March 1 and April 15, 2018. If weather-related make-up surveys are needed,they will be completed prior to April 15, 2018.They will be conducted at least 14 days apart.The study areas are shown on the attached maps, and it is GPA Consulting's responsibility to confirm with their client and all supervising agencies that this survey area is correct and sufficient prior to beginning the survey. Each survey area will be surveyed one hour prior to until one hour after sunrise or sunset (survey period). Two survey points will be placed at each bridge site that encompass an area that covers suitable habitat within 500 feet of work activities at each bridge that will cover approximately 100 m of marsh area (see attached map).There will be two survey points located near the Magnolia Street Bridge and two survey points located near the Brookhurst Street Bridge. For the passive surveys, the entire survey window will be spent surveying one point.Therefore, it will take four survey periods to conduct passive surveys at each site. For active surveys,the biologist must remain at each point for 45 minutes. It will take one survey period to survey both points. It will take two survey periods to conduct active surveys at each site.Two complete passive and two active surveys are required.Therefore it will take eight (8)survey periods to conduct the passive surveys and four(4) survey periods to conduct the active surveys. (60 hours) The passive surveys will consist of the surveyor remaining at the survey point for two hours beginning one hour before sunrise/sunset to one hour after. If not safely accessible by foot, the observer will use a kayak in the channel. If no rails are detected during passive surveys,the surveyor will conduct active surveys as described in the protocol, remaining at each survey point for a total of 45 minutes. A digital call-prompt of the light-footed clapper rail "duetting" will be played. A total of 3 clapper rail calls will be broadcast at each survey station spaced at 15 minutes apart. Each broadcast will have duration of 30 seconds and will include three vocalizations: duet, kek and kek-burr.Volume should be between 80-90 dB at 1-m in front of the speaker. Calls will start at the arrival of the surveyor at the station. Playback will be stopped immediately if a clapper rail predator (e.g., northern harrier,great blue heron, cat, etc.) approaches within 100 m of the survey station or a clapper rail location Surveys may be conducted by small kayak in areas where it is determined that this is a better means of access.The boats will not enter vegetated areas and will only be operated in open water. Surveys will not be conducted during poor weather conditions when wind velocities exceed 10 mph or gusts exceed 12 mph, during moderate to heavy rain and when tides of greater than 4.5 ft NGVD are predicted. If predators are observed in the area,the survey will be suspended until they depart. All detections will be recorded and mapped on an aerial photo of the site, which will be digitized and provided as a kmz file. Upon return to the office, GPS points will be downloaded and processed into kmz files and mapped on google earth. Task 3. Draft Report. REC will then provide a report to the Client, which will describe the suitable habitat for the rail at the project site, discuss presence or absence at the site. If present, we would discuss observations, and describe territories and nests illustrated in the maps. We would provide a map of all observations, territories, and nests overlaid on an aerial photo and/or a USGS map of the site. We would then make recommendations for minimizing impacts to the species at the site. We will provide all information required by the USFWS and CDFW.This report would be provided to the Client within 10 business days of finishing the last survey in an electronic format (ex. Pdf.) (25 hours) Task 4. Final Report. Upon receipt of comments, REC biologists will address comments and finalize the report. We assume that comments can be addressed within 4 hours and that only one round of comments will be received.The final report will then be used as the 45-day report and submitted to the wildlife agencies. (5 hours) Task 5. Monitoring.The Client will provide a checklist as well as detailed descriptions of all permit conditions and mitigation measures related to the Ridgeway's Rail monitoring requirements.The monitor will also listen and observe for Ridgeway's Rails present near the site. Once per week for the duration of work activities (up to 6 months) the REC biologist will inspect the project site and all mitigation measures and provide the Client with a summary email with the results of the inspection, including any deficiencies notes. Estimated Costs(fixed fee) Task 1. Agency Coordination & Background Literature Search. $1000 Task 2. Field Surveys & Data Management $6000 Task 3. Draft Report $2500 Task 4. Final Report $500 Task 5. Monitoring $10,400 Mileage Task 2. 1500 miles $818 Task 5. 3000 miles $1635 Total (includes mileage, expenses and indirect costs) $22,853 Payment. Invoices will be submitted monthly to the Client on the last day of the month (or previous Friday if it falls on a weekend) and payment is due within 30 days of receipt of payment to the Client or a maximum of 90 days after submission. Any payments made after 90 days will be subject to a late penalty of 5%of invoice amount. Estimate Assumptions. 1) GPA (the Client) will confirm the survey boundaries on an aerial photo with their client and all supervising and permitting agencies within 5 working days of the first Field Survey date. 2) The client will provide a recent CNDDB database search of the quad and surrounding quads for rail observations. 3) That all areas that need to be surveyed are within 100 m of the selected survey points on the attached maps. 4) That the survey areas can be effectively surveyed as described above and that no more than 12 visits will be necessary. 5) This estimate does not include focused or specialized surveys for other species, detailed habitat mapping,jurisdictional habitat delineations, or any permitting activities, including a formal biological assessment in support of Section 7 or Section 10 of the Endangered Species Act. 6) The Client will provide unimpeded access to the project site and survey areas. 7) That the entire site will be accessible and can be walked safely. 8) There will be no meetings or correspondence with local, state, or federal agencies beyond that required for Task 1. 9) There will be no additional on-site meeting required with the Client or their contractors agencies beyond that required for Task 1. 10) The Client will require no more than one electronic copy of the draft and final report. 11) That the site can be surveyed safely by the biologist. If it is still deemed unsafe in the judgment of the REC biologist,the Client may need to make arrangements for a second surveyor to accompany the biologist. 12) That a second, permitted contract biologist may be used. 13) Surveys can begin no later than January 29, 2018. 14) That the channels and survey locations can be accessed using a kayak or on foot. These may be provided to the Client, but at additional cost.This proposal is valid for 90 days from the date submitted. Figure 1.Vicinity map of the survey area (red boxes). 4 3 4 a , , U �4 1 J. 3 8 rMI: ( s^ ,r• .i a 4 �',Y1°N[ _ � � i' j. y "f d tit f fix „� �' C ��• � IE » �' Nk 4T,, f,a t�ra i SURVEY AREAS �_. 4 y .. 41 y \ F E � 3 0 4 7 i7 Q_ c@ 4 G i.. U N Q d v t10 to [6 Q R C UZ G v ii - wu IJ t a, { \y a k � a � � e a�, E Mv Y \\\\ \ ig \ Ni,CU $ ta � a <� Q1 L t aA\\ v OVA , m v q v L s ? m f� AM � a4 Ryan Ecological Consulting 526 West Colorado Blvd. Monrovia, CA 91016 (949)923 8224 INSURANCE AND INDEMNIFICATION WAIVER HIB MODIFICATION REQUEST 1 Requested by: Jonathan Claudio,' 2. Date: 1/24/18 3. Name of contractor/permittee: Ryan Ecological Consulting (REC) 4. Description of work to be performed: Monitor protected bird species and prepare reports 5. Value and length of contract. $22,853.00; 3 years 6. Waiver/modification request. REC does not carry professional liability insurance 7. Reason for request and why it should be granted: The US Fish and Wildlife Service is unexpectedly requiring a permitted biologist. REC will not be performing any design services; therfore, professional liability insurance is not critical for this contract, 8. Identify the risks to the City in approving this waiver/modification: None anticipated Depe4hrdient Head Signature D to 31 APPROVALS Approvals Must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from -n the City Administrator's Office is only required if Risk Management and the City A*(ney's Office disagree. 1. Risk Management' "I 7 Approved Denied`- --7 Date .......... 2. City Attorney's Office Approved ❑ Denied //Ia 5/6 Signature De 3. City Manager's Office 5�' 7, 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 _JqSA_r�nrta_L�nriJnfLam-dftatiinn if'-,,t(Tnin-Raa 1124/201810:16:00AJM DATE(MM/DD/YYYY) A4CC)R" CERTIFICATE OF LIABILITY INSURANCE 01/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jacqueline Byrne NAME: Matsen Insurance Brokers,Inc. n'r Ext; (707)444-9292 n,c,No: (707)444-9529 3101 Concorde Drive,Suite B E-MAIL ackie matsen com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# MCKinleyville CA 95519 INSURER A: Sentinel Insurance 11000 INSURED INSURER B Ryan Ecological Consulting INSURER C: 526 W Colorado Blvd INSURER D: INSURER E: Monrovia CA 91016 1INSURER F: COVERAGES CERTIFICATE NUMBER: CL1812507686 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSR ADDLSUHH POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREMISES Ea occurrence S 1,000,000 MED EXP(Any one person) $ 10,000 A Y 57SBMIC5430 03/13/2017 03/13/2018 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY 0 FRO- LOC 2,000,000 ECT PRODUCTS-COMP/OP AGO $ OTHER XCYBR $ AUTOMOBILE LIABILITY C Ea accOMBINEDidentS INGLE LIMIT $ ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB HCLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE F] NIA E L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required City of Huntington Beach is included as additional insured on the General Liability policy per the policy form SS0008 5 0 M CIN AT(O ON BgpCH Of 140Wt4 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD