HomeMy WebLinkAboutWISS, JANNEY, ELSTNER ASSOCIATES, INC - Consultants and Expert Witness - City vs Montgomery Watson - Peck Reservoir litigation 7/21/97 - 1997-07-21Council/Agency Meeting Held: 1, s-/9 P
Deferred/Continued to:�2a
dAppro edo ❑ Conditionally Approved ❑ Denied
City Clerk's Signature
Council Meeting Date: ; 6/1 5/910
Department ID Number: CA 98-09
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
10- ►b
SUBMITTED BY: WA)t HUTTON, City Attorney
u,io'�
PREPARED BY: MAIL HUTTON, City Attorney
SUBJECT: Approve Amended Agreement for final payment to Expert Witness
engineering firm of Wiss, Janney, Elstner Associates re case of City v.
Montgomery Watson, et al
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Whether City should continue to engage expert witness engineers
Wiss, Janney, Elstner Associates, Inc. to assist City with, among other things: (i) The
identification of the problems at the Peck Reservoir; (ii) The evaluation of the potential
solutions for such problems; and (iii) The preparation of recommendations for the best
solution; and whether City should appropriate an additional $3,133 in funds for the final
payment under this contract.
Funding Source: Unappropriated Water Fund projects (GEW30101)
Recommended Action: 1. Approve and authorize the Mayor to sign and the City Clerk to
attest the First Amended Professional Services Contract with Wiss, Janney, Elstner
Associates, Inc. for engineering services in connection with the Peck Reservoir litigation.
2. Appropriate $3,133 into Account No. E-EW-AT-130-4-05-00 for Wiss, Janney, Elstner
Associates.
3. Approve deductible of $250,000 on professional liability coverage.
Alternative Actions): Do not approve the execution of the Professional Services
Contract or appropriate the money.
QUEST FOR COUNCIL AC1*N
MEETING DATE: _ 6/15/98
DEPARTMENT ID NUMBER: CA 98-09
Analysis: The Peck Reservoir litigation involves a variety of complex design, engineering
and construction related issues. Our outside counsel, William Locher of Gibbs, Giden,
Locher & Turner has recommended that City engage the engineering firm of Wiss, Janney,
Elster Associates, Inc. to assist City with respect to this litigation. The execution of the
agreement and the appropriation of an additional $3,133 is required to retain Wiss, Janney,
Elstner Associates, Inc. The prior agreement allocated $65,O00 bringing the total to
$68,133.
Environmental Status: NIA
Attachmentlrs}:
1. First Amended Professional Services Contract between the City of
Huntington Beach and Wiss, Janney, Elstner Associates, Inc, for
expert witness services.
2. Professional Services Contract Between the City of Huntington Beach
and Wiss, Janney, Elstner Associates, Inc. for Consultant and Expert
Witness Services
RCA Author: Gail Hutton, phone extension 5555.
Wlss.DOc -2- 05/29/98 3:18 PM
ATTACHMENT #1
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
WISS, JANNEY, ELSTNER ASSOCIATES, INC.
FOR CONSULTANT AND EXPERT WITNESS SERVICES
THIS AMENDMENT is made and entered into the ZNay of
1998, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY," and WISS, JANNEY, ELSTNER ASSOCIATES, INC., an
Illinois corporation, hereinafter referred to as CONSULTANT.
WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated June
1997, entitled "Professional Services Contract Between the City of Huntington Beach and
Wiss, Janney, Elstner Associates, Inc. for Consultant and Expert Services"; and
Since the execution of the aforesaid agreement, CITY requests additional work from
CONSULTANT, and CONSULTANT has agreed to perform such work; and
CITY and CONSULTANT wish to amend the original agreement to reflect the additional
work to be performed by CONSULTANT and the additional compensation to be paid in
consideration thereof by CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
I'sj�1�1��I� ►] �T_1 �'►'L�7
CONSULTANT shall provide to CITY such additional services as required by
CITY to continue consultant and expert witness services in connection with the case entitled
City of Huntington Beach v. Montgomery Watson, et al., OCSC Case No. 765940.
2. ADDITIONAL COMPENSATION
In consideration of the additional services to be performed hereunder as
described in Section 1 above, CITY agrees to pay CONSULTANT, and CONSULTANT agrees
to accept from CITY, an additional sum not to exceed Three Thousand One Hundred Thirty-
g:agrecmV%issamnd U419l98
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Three Dollars ($3,133). The additional sum shall be added to the prior sum of Sixty -Five
Thousand Dollars ($65,000), for a new total contract amount of Sixty -Eight Thousand One
Hundred Thirty -Three Dollars ($68,133).
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
original agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
WISS, JANNEY, ELSTNER ASSOCIATES,
INC., an Illinois corporation,
By;
print name
ITS: (circle one) ChairmanlPresiden ice President
By. _A�_ a
print name
ITS: (circle one Secretar hief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
gity AttorneyA D )APPROVED:
y eF jQtyyAAtttto Attorney
City Administrator ,��
2
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ATTACHMENT #2
.,
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WISS, JANNEY, ELSTNER ASSOCIATES, INC.
FOR CONSULTANT AND EXPERT WITNESS SERVICES
�TH
IS AGREEMENT, made and entered into this � day of
, 1997, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and WISS,
JANNEY, ELSTNER ASSOCIATES, INC., a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor to provide consultant
and expert witness services in connection with the case entitled City of Huntington Beach v.
Montgomery Watson Americas, Inc., OCSC Case No. 765940; 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 has been
complied with; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows:
WORK STATEMENT
CONTRACTOR shall provide the following services:
A. Complete and issue a written report evaluating the structural system
supporting the roofing system at the Peck Reservoir, 14561 Springdale Street, Huntington
Beach, CA ("Project"). The report shall also evaluate the causes of the leaks in the roofing
system and the concrete reservoir liner at the Project. Finally, the report shall present different
options for the repair of the roofing system and the concrete liner, including the estimated cost
of each such repair. The services to be performed by CONTRACTOR pursuant to this
Agreement are more fully identified in CONTRACTOR's proposal dated April 14, 1997, the
1 Ac'g: agrcc1wiss1712;-97
•
•
complete terms, scope and conditions of which are incorporated by this reference as though
fully set forth herein.
matter.
B. Testify as an expert witness in a deposition and trial in the above entitled
C. Perform such additional tasks as the City Attorney may direct.
CONTRACTOR hereby designates Mr. Robert H. Iding 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
Deputy City Attorney Jennifer McGrath is the staff coordinator to work with
CONTRACTOR and outside counsel in the performance of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the CONTRACTOR
are to commence as soon as practicable after the execution of this Agreement and all tasks
specified in Section 1 shall be completed within the times specified.. These times may be
extended with the written permission of the CITY. This schedule may be amended to benefit
the CITY if mutually agreed by the CITY and CONTRACTOR.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONTRACTOR a fee not to exceed Sixty Five Thousand Dollars ($65,000) for
the services identified in Section 1A above. Said fee shall be computed based upon the hourly
rates set forth in Wiss, Janney, Elstner Associates, Inc. proposal No. 970517-P.
All reasonable and necessary out-of-pocket expenses shall be paid, provided
that travel time to the CITY shall be billed one-way only. in no event shall said fees and costs
exceed Sixty -Five Thousand Dollars ($65,000).
5. EXTRA WORK
In the event CITY requires additional services not specified in Section 1,
CONTRACTOR will undertake such work after receiving written authorization from CITY.
111&: a gree, wissr712147
0
Additional compensation for such extra work shall be allowed only if the prior written approval
of CITY is obtained.
6. METHOD OF PAYMENT
A. CITY shall pay CONTRACTOR a down payment of Two Thousand Five
Hundred Dollars ($2,500) towards completing the reports specified in Section 1 upon execution
of this Agreement.
B. A copy of every technical memo and report prepared by CONTRACTOR
shall be submitted to the 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. The CONTRACTOR shall submit to the 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; and
4) Include a certification by a principal member of the
CONTRACTOR's firm that the work has been performed in accordance with the
provisions of this Agreement; and
Upon submission of any such invoice, if CITY is satisfied that
CONTRACTOR has completed the 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 the CITY
does not approve an invoice, CITY shall notify CONTRACTOR 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 Section 1 shall be suspended until the parties agree that past
1.1k/g:agree/wiW7/2; 97
•
performance by CONTRACTOR 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 the 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.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR 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 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 the CITY upon payment of fees determined to be earned by
CONTRACTOR to the point of termination or completion of the PROJECT, whichever is
applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder.
S. INDEMNIFICATION AND HOLD HARMLESS
CONTRACTOR shall indemnify and save and hold harmless CITY, its officers
and employees from any and all liability, including any claim of liability and any and all losses
or costs arising out of the negligent performance of this Agreement by CONTRACTOR, its
officers or employees.
9. WORKERS COMPENSATION
CONTRACTOR shall comply with all of the provisions of the Workers
Compensation Insurance and Safety Acts of the State of California, the applicable provisions
I;k/g-egreeiw is&'7/Zi9 7
of the California Labor Code and all amendments thereto; and all similar state or federal acts
or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including attorney fees and costs presented, brought or recovered against CITY,
for or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by CONTRACTOR under this Agreement.
CONTRACTOR shall obtain and furnish evidence to CITY of maintenance of
statutory workers compensation insurance and employers liability in an amount of not less than
$100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each
employee, and $250,000 bodily injury by disease, policy limit.
10. INSURANCE
In addition to the workers compensation insurance and CONTRACTOR's
covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY the following
insurance policies covering the PROJECT:
A. General Liability Insurance
A policy of general public liability insurance, including motor vehicle coverage.
Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of 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, Said policy shall name CITY, its officers, and
employees 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 CONTRACTOR's insurance shall be primary.
I Wg: agreelwiss'7!2l97
Under no circumstances shall said abovementioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
B. Professional Liability Insurance.
CONTRACTOR shall acquire a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONTRACTOR`s
professional liability in an amount not less than $500,000 per claim. A claims made policy shall
be acceptable.
11. CERTIFICATES OF INSURANCE' ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR 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:
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or
modified without thirty (30) days prior written notice of CITY;
4. and with regard to the general liability coverage, shall state as follows:
"The above detailed coverage is not subject to any deductible or self -insured retention,
or any other form of similar type limitation."
CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
1A.- g:agreelu im 7J2197
12. INDEPENDENT CONTRACTOR
CONTRACTOR is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONTRACTOR shaft 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 CONTRACTOR
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
13. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONTRACTOR'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 through the City Attorney, notice of which shall be delivered to
CONTRACTOR as provided herein. If the Agreement is terminated without cause,
CONTRACTOR shall be compensated for all services rendered.
14. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work
hereunder shall not be delegated by CONTRACTOR to any other person or entity without the
consent of CITY.
15. 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.
16. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR 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 Califomia
Govemment Code.
1 fkeg:agrees'wisss'7'21 97
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17. NOTICES
Any notices or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONTRACTOR's agent (as designated
in -Section 1 hereinabove) or to the City Attorney of 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, addressed as follows:
TO CITY: TO CONTRACTOR:
Gail Hutton, City Attorney
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
18, IMMIGRATION
Wiss, ,Janney, Elstner Associates, Inc.
2200 Powell Street, Suite 925
Emeryville, CA 94608
CONTRACTOR 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.
19. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR 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. CONTRACTOR 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
CONTRACTOR.
20. 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.
1&--'g:agrec/Wiss'712 97
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21. ENTIRETY
The foregoing sets 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.
WISS, JANNEY, ELSTNER ASSOCIATES,
INC.
B0y:
J 121
print name
ITS: (circle one) Chairman%Presiders ice President
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By: —
print name
ITS: (circle one) Secretary/Chief Financial
Officer sst. Secretary - Treasure
RREEEV�I EWED 41D APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
ew�&4 Alzl�
Mayor
ATTEST:
City Clerk
INITIATED, REVIEWED AND
APPROVED AS TO FORM:
9
' City Attorney
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CERTIFICATE #44360 (CONTINUED) MD
INSURED Wass Janney Elatner Assoc.
HOLDER City of Huntington Beach
2000 Main Street
ATTN: Karen ..
Huntington Beach, CA 92648
The'City of Huntington Beach, its Agents, officers and Employees are
Additional Insureds under the General Liability and Automobile Liability
coverages as per the attached Additional Insured Endorsement and only with
respect to their interest in the work performed by Named Insured.
PAGE: 2 OF 2
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Automatic Additional Insureds Endorsement
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This endorsement changes your Commercial General Liability Protection.
The following provision is added. to (Section I1), who Is an Insured:
S. Any entity you 'are required in a written contract (hereinafter called
Additional Insured) to name as an insured is an insured but only with
respect to liability arising out of your premises, "your work" for the
Additional Insured, or acts or omissions of the Additional Insured in
connection with the general supervision of "your work" to the extent
set forth below:
a. The Limits of Insurance provided on behalf of the Additional Insured
are not greater than those required by such contract.
b, The coverage provided to the (Additional Insured) is not greater than
that customarily provided by the policy forms specified in and
required by the contract.
c. All insuring agreements, exclusions and conditions of this policy apply
d. In no event shall the coverages or limits of insurance in this coverage
form be increased by such contract.
Except when required otherwise by contract, this insurance does not
apply to :
(1) "Bodily Injury" or "Property Damage" occurring after:
(a) All work on the project (other than service, maintenance or
repairs) to be performed by or on behalf of the Additional
Insured(s) at the site of the covered operations has been
completed: or
(b) That portion of "your work" out of which the injury or damage
arises has been put to its intended use by any person or
organization other than another- contractor or subcontractor
engaged in performing operations for a principal as a part of
the same project.
(2) "Bodily Injury" or "Property Damage" arising out of any act or
omission of the Additional Insureds) or any of their employees
other than the general supervision of work performed for the
Additional Insureds) by you.
(3) "Property Damage" to:
(a) Property owned, used or occupied by or rented to the
Additional Insured(s):
(b) Property in the care, custody or control of the Additional
Insured(s) or over which the Additional Insured(s) is for any
Name of Insured Policy Number CK01201889 Effective Date 03/01/97
WISS, JANNEY, ELSTNER ASSOCIATES, INC. Processing Date 03/31/97 14:39 001
40502 Ed,1-80 Printed in U.S.A. Customized Form
oSt.Paul Fire and Marine Insurance C0.1990 All Rights Reserved Page 1
JUL-11-19?7 1; '_? f'�FiF'=-' _ f• i_i_`i _ _ _ _i Y Y' !/� tom'
n
purpose exercising physical control: or
4
(c) "Your work" for the Additional Insured(s)
With respect to Additional Insured(a) who are architects, engineers or ��l�X"0
surveyors the insurance does not apply to, "bodily injury", "property damage". 7/3�/7
"personal injury" or "advertising injury" arising out of the rendering .of or
the failure to render any professional services by or for you, including:
(a) The preparing, approving, or failing to prepare or approve
maps, drawings, opinions, reports, surveys change orders,
designs or specifications; and
(b) Supervisory, Inspection or Engineering Services.
Any coverage provided hereunder shall be excess over any
valid and collectible insurance available to the Additional
Insureds) whether primary, excess, contingent or on any
other basis unless a contract specifically requires that
this insurance be a primary or you request that it apply on
a primary basis.
No person or organization is an Additional Insured(a) with respect to the
conduct of any current or past partnership joint venture that is not shown
as a Named Insured in the Declarations.
Other Terms.
All other terms and conditions of this policy remain unchanged.
Page 2
mSLIFaul.Fire and Marine Insurance Co.1980 All Rights Reserved
Page 12 - CounciUAgenogenda - 06/16/98 . (12)
E-17. (Cites Council) Approve Amended Aareement For Final Pavment To Exnert Witness
Engineering Firm Of Wiss, Janney, Elstner Associates Regarding Case Of City v.
Montgomery Watson, et al (Peck Reservoir) (600.10) - Approve and authorize the
Mayor to sign and the City Clerk to attest the first amended professional services
contract with Wiss, Janney, Elstner Associates, Inc. for engineering services in
connection.with the Peck Reservoir litigation. Submitted by the City Attorney.
[Approved 7-01
E-18. (City Council) Ap-prove_1998-99 Commercial Refuse Rates Pursuant To Franchise
Agreement Between City & Rainbow Disposal (600.45) - Adopt the attached
Exhibit A, effective July 1, 1998, as the new Exhibit A of the Refuse Collection and
Disposal Services Franchise Agreement. (The refuse collection and disposal services
franchise agreement with Rainbow Disposal calls for an annual adjustment in
compensation based on a formula contained in the agreement.) Submitted by the
Depute City -Administrator -Administrative Services Director.
[Approved 7-01
E-19. Clix Council Adopt Resolution No. 98-51-1998-99 Residential Curbside Refuse
Collection Rate (600.45) -Adopt Resolution No. 98-51 -'A Resolution of the City
Council of the City of Huntington Beach Establishing A Residential Curbside Refuse
Collection Rate." Submitted by the Deputy City Administrator -Administrative Services
Director. (Reduces monthly refuse service collection and disposal charge to residents
from $16.49 to $16.39 per month,)
(Adopted 7-01
E-20. (Redevelopment Agency) Approval Of Chan a Of Ownership Of Redondo -Kovacs
Industrial Property To Cabot Industrial Properties, L.P. - (18100 Kovacs lane)
(600.30) - Approve and authorize execution of the agreement between the
Redevelopment Agency and Cabot Industrial Properties, L.P., a Delaware Limited
Partnership (buyer), for the purchase of the property at 18100 Kovacs and transferring
the requirements of the grant deed to the new owner - "An Agreement Between the
Redevelopment Agency of the City of Huntington Beach Approving the Transfer of That
Property Known As 18100 Kovacs Lane, Huntington Beach From Redondo -Kovacs
Partners, A California Limited Partnership To Cabot Industrial Properties, L.P., A
Delaware Limited Partnership." Submitted by the Economic Development Director.
[Approved 7-01
E-21. {Redevelopment Agency) Approval Of Third Amendment To Contract With Arter & Hadden.
Attorneys At Law For Legal Services In The Matter of Bloom v. Reofevelo ment A enc Of
The City Of Huntin ton Beach - Approve Appropriatlon Of Funds (600.10) -1. Approve
Amendment No. 3 to agreement between the Redevelopment Agency of the City of Huntington
Beach and Arter & Hadden, Attorneys at Law, for legal services for Bloom v. Redevelopment
Agency of the City of Huntington Beach and authorize its execution by the Chairman and
attestation by the Agency Clerk and 2. Appropriate an additional $127,000 to pay for additional
attorneys' fees ($25,000) and expert witness fees and costs ($102,000) associated with the
defense of the Bloom v. Redevelopment Agency matter which recently settled. (Deposited into
Account No. E-TW AT-130-4-05-00.) Submitted by the Economic Development Director.
[Appro ved 7-01
(12)
10 •
0, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TPANSMITTAL OF ITEM APPROVED BY THE CITY_COUNCIL/
REDEVELO MENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE:
Name
Street y
City, State, zip
ATTENTION:
DEPARTMENT:
R
EGA
RD
ING:-
C%n-/�
See Attached Action Agenda Item E-/') Date of Approval L. 1i Sig F
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page —z_ Agreement Bonds
RCA Deed
CC: V101
Name Department RCA Agreement
Insurance
Other
Insurance Other
Name Department RCA Agreement Insurance Other
Name
Name
Department RCA
Agreement Insurance Other
Department RCA Agreement Insurance Other
Risk Management Dept.
Insurance
Received by Name - Company Name - Date
G:Fallowup/co►crltr
1 Tolephone: 714-636•S227
a
RCA ROUTING SHEET
INITIATING DEPARTMENT:
CITY ATTORNEY
SUBJECT:
Approve Amended Agreement of Expert Witness
engineering firm of Wiss, Janney, Elstner Associates re
case of City v. Montgomery Watson, et al
COUNCIL MEETING DATE:
6/15/99
.. :.
:RC.".ATTACHMENT S
STATUS.
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if a licable
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Si ned in full by the City Attome
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form bZ City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Attached
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
. «. ..r .., :EXPLANATION;F.OR•MISSING ATTACHMENTS .'
EXPLANATION FOR RETURN OF ITEM:
(7) • 07/21/97 - CouncillAtcy Agenda - Page 7
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 (120.65) - Approve and adopt
minutes of the City Council/Redevelopment Agency adjourned regular meetings of
June 23, 1997 and June 30, 1997 as written and on file in the Office of the City Clerk.
Submitted by the City Clerk
E-2. (City Council) Retention Of Expert_Witness - Peck Reservoir Litigation -
Professional Services Contract With Engineering Firm Of Wiss Janney, Elstner
Associates Inc. - City_v. Montgomery Watson, et al - Amendment To Professional
Liability Insurance Coverage (600. 10) - 1. Approve and authorize the Mayor to sign
and the City Clerk to attest the Professional Services Contract between the City and
Wiss, Janney, Elstner Associates, Inc. for consultant expert witness engineering
services in connection with the Peck Reservoir Litigation (Original agreement will be
provided to the City Clerk for execution of signatures); 2. appropriate $65,000 into
Account No. E-EW-AT-130-4-05-00 for Wiss, Janney, Elstner Associates Inc.; and 3.
approve deductible of $250,000 on professional liability insurance coverage. Submitted
by the Cit,, Attorney
E-3. (City Council/Redevelopment Anencv) Commitment Of Home Investment
Partnership Funds - Agreement Between The City And The Redevelopment
Agency For Acquisition AndDevelopmentOf Affordable Housing Projects -
Oakview Area - With Orange County Community Housing Corporation (OCCHC)
(600.30) - Authorize execution by the Mayor and City Clerk and the Chairman and
Agency Clerk of the Commitment of Funds Agreement between the City of Huntington
Beach and the Huntington Beach Redevelopment Agency. This agreement commits a
minimum of $433,900 in 1995 HOME Investment Partnership Program funds to the
Redevelopment Agency to provide affordable housing, per the United States
Department of Mousing and Urban Development (HUD) regulations at 24 CFR Part 92.
Submitted by the Economic Development Director
E-4. Deleted
(7)
Council/Agency Meeting Held: 7L4//97
Deferred/Continued to:
I:Q'Approvad ❑ Conditionally Approved O Denied City Jerk's Signature
Council Meeting Date: July 21, 1997 Department ID Number: CA 97-12
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: GAIL HUTTON, City Attorney
PREPARED BY: GAIL HUTTON, City Attorney
SUBJECT: City v. Montgomery Watson, et al - Retention of Expert Witness
engineering firm of Wiss, Janney, Elstner Associates
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue: Whether City should engage expert witness engineers Wiss, Janney,
Elstner Associates, Inc. to assist City with, among other things: (i) The identification of the
problems at the Peck Reservoir; (ii) The evaluation of the potential solutions for such
problems; and (iii) The preparation of recommendations for the best solution; and whether
City should appropriate $65,000 in funds for this contract.
Fundin Source: Unappropriated Water Fund projects (GEW30101)
Recommended Action: 1. Approve and authorize the Mayor to sign and the City Clerk to
attest the Professional Services Contract with Wiss, Janney, Elstner Associates, Inc. for
engineering services in connectiofl with the Peck eservoir lit' ation. (Or� �h�G Qy f w%il
,/ e provided -1a -1%e &,y4 �c
dleo- -�o� evectiew si�,�e�u�rs•J
2. Appropriate $65,000 into Account No. E-EW-AT-130-4-05-00 for Wiss, Janney, Elstner
Associates.
3. Approve deductible of $250,000 on professional liability coverage.
Alternative Action(s): Do not approve the execution of the Professional Services
Contract or appropriate the money.
RAUEST FOR COUNCIL ACTIOP
MEETING DATE: July. 21, 1997 DEPARTMENT ID NUMBER: CA 97-12
Analysis: The Peck Reservoir litigation involves a variety of complex design, engineering
and construction related issues. Our outside counsel, William Locher of Gibbs, Giden,
Locher & Acret has recommended that City engage the engineering firm of Wiss, Janney,
Elster Associates, Inc. to assist City with respect to this litigation. The execution of the
agreement and the appropriation of $65,000 is required to retain Wiss, Janney, Elstner
Associates, Inc.
Environmental Status: NIA
Attachment(s):
1. Fiscal Impact Statement
2. Professional Services Contract between the City of Huntington Beach
and Wiss, Janney, Elstner Associates, Inc. for expert witness services
C FA�18D On6,Au4L 7D BE 7D C. .�.
RCA Author: Gail Hutton, phone extension 5555. �3. -1D
WISS.DOC -2- 06126/97 10:48 AM
ATTACHMENT #1
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Michael T. Uberuaga, City Administrator
From: Robert J. Franz, Deputy City Administrator
Subject: FIS 97-51 City vs. Montgomery Watson
Date: June 26, 1997
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared for the City vs. Montgomery Watson.
If the City Council approves this request (total approproation of
$65,000), the estimated fund balance of the Water Fund at
Sepje,Mber 30J997 will be reduced to $1,244,000.
EbberfJ:'Franz,
Deputy City Admi strator,
0
ATTACHMENT #2
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WISS, JANNEY, ELSTNER ASSOCIATES, INC.
FOR CONSULTANT AND EXPERT WITNESS SERVICES
THIS AGREEMENT, made and entered into this � day of
1997, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and WISS,
JANNEY, ELSTNER ASSOCIATES, INC., a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor to provide consultant
and expert witness services in connection with the case entitled City of Huntington Beach v.
Montgomery Watson Americas, Inc., OCSC Case No. 765940; 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 has been
complied with; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows:
WORK STATEMENT
CONTRACTOR shall provide the following services:
A. Complete and issue a written report evaluating the structural system
supporting the roofing system at the Peck Reservoir, 14561 Springdale Street, Huntington
Beach, CA ("Project"). The report shall also evaluate the causes of the leaks in the roofing
system and the concrete reservoir liner at the Project. Finally, the report shall present different
options for the repair of the roofing system and the concrete liner, including the estimated cost
of each such repair. The services to be performed by CONTRACTOR pursuant to this
Agreement are more fully identified in CONTRACTOR's proposal dated April 14, 1997, the
I /k/g: agredwisw7/2197
complete terms, scope and conditions of which are incorporated by this reference as though
fully set forth herein.
matter.
B. Testify as an expert witness in a deposition and trial in the above entitled
C. Perform such additional tasks as the City Attorney may direct.
CONTRACTOR hereby designates Mr. Robert H. Iding 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
Deputy City Attorney Jennifer McGrath is the staff coordinator to work with
CONTRACTOR and outside counsel in the performance of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the CONTRACTOR
are to commence as soon as practicable after the execution of this Agreement and all tasks
specified in Section 1 shall be completed within the times specified.. These times may be
extended with the written permission of the CITY. This schedule may be amended to benefit
the CITY if mutually agreed by the CITY and CONTRACTOR.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONTRACTOR a fee not to exceed Sixty Five Thousand Dollars ($65,000) for
the services identified in Section 1A above. Said fee shall be computed based upon the hourly
rates set forth in Wiss, Janney, Elstner Associates, Inc. proposal No. 970517-P.
All reasonable and necessary out-of-pocket expenses shall be paid, provided
that travel time to the CITY shall be billed one-way only. In no event shall said fees and costs
exceed Sixty -Five Thousand Dollars ($65,000).
5. EXTRA WORK
In the event CITY requires additional services not specified in Section 1,
CONTRACTOR will undertake such work after receiving written authorization from CITY.
1 /k/g:agrteJ%im 7/2/97
Additional compensation for such extra work shall be allowed only if the prior written approval
of CITY is obtained.
6. METHOD OF PAYMENT
A. CITY shall pay CONTRACTOR a down payment of Two Thousand Five
Hundred Dollars ($2,500) towards completing the reports specified in Section 1 upon execution
of this Agreement.
B. A copy of every technical memo and report prepared by CONTRACTOR
shall be submitted to the 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. The CONTRACTOR shall submit to the 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; and
4) Include a certification by a principal member of the
CONTRACTOR's firm that the work has been performed in accordance with the
provisions of this Agreement; and
Upon submission of any such invoice, if CITY is satisfied that
CONTRACTOR has completed the 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 the CITY
does not approve an invoice, CITY shall notify CONTRACTOR 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 Section 1 shall be suspended until the parties agree that past
) /k/g:agrWwi=n12/97
•
performance by CONTRACTOR 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 the 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.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR 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 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 the CITY upon payment of fees determined to be earned by
CONTRACTOR to the point of termination or completion of the PROJECT, whichever is
applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder.
8. INDEMNIFICATION AND HOLD HARMLESS
CONTRACTOR shall indemnify and save and hold harmless CITY, its officers
and employees from any and all liability, including any claim of liability and any and all losses
or costs arising out of the negligent performance of this Agreement by CONTRACTOR, its
officers or employees.
9. WORKERS COMPENSATION
CONTRACTOR shall comply with all of the provisions of the Workers
Compensation Insurance and Safety Acts of the State of California, the applicable provisions
1/k/g:agree/wiu/7/2/97
of the California Labor Code and all amendments thereto; and all similar state or federal acts
or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including attorney fees and costs presented, brought or recovered against CITY,
for or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by CONTRACTOR under this Agreement.
CONTRACTOR shall obtain and furnish evidence to CITY of maintenance of
statutory workers compensation insurance and employers liability in an amount of not less than
$100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each
employee, and $250,000 bodily injury by disease, policy limit.
10. INSURANCE
In addition to the workers compensation insurance and CONTRACTOR's
covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY the following
insurance policies covering the PROJECT:
A. General Liability Insurance
A policy of general public liability insurance, including motor vehicle coverage.
Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of 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. Said policy shall name CITY, its officers, and
employees 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 CONTRACTOR's insurance shall be primary.
1 /k/g: aWrewissrN2/97
Under no circumstances shall said abovementioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
B. Professional Liability Insurance.
CONTRACTOR shall acquire a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONTRACTOR's
professional liability in an amount not less than $500,000 per claim. A claims made policy shall
be acceptable.
11. CERTIFICATES OF INSURANCE ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR 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:
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or
modified without thirty (30) days prior written notice of CITY;
4. and with regard to the general liability coverage, shall state as follows:
"The above detailed coverage is not subject to any deductible or self -insured retention,
or any other form of similar type limitation."
CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
i/Idg:agree/wisat7/2197
12. INDEPENDENT CONTRACTOR
CONTRACTOR is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONTRACTOR 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 CONTRACTOR
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
13. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONTRACTOR'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 through the City Attorney, notice of which shall be delivered to
CONTRACTOR as provided herein. If the Agreement is terminated without cause,
CONTRACTOR shall be compensated for all services rendered.
14. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work
hereunder shall not be delegated by CONTRACTOR to any other person or entity without the
consent of CITY.
15. 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.
16. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR 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 Califomia
Govemment Code.
1/k/8:egrecMw/7/2/97
Ej
40
17. NOTICES
Any notices or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONTRACTOR's agent (as' designated
in Section 1 hereinabove) or to the City Attorney of 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, addressed as follows:
TO CITY: TO CONTRACTOR:
Gail Hutton, City Attorney
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
18. IMMIGRATION
Wiss, Janney, Elstner Associates, Inc.
2200 Powell Street, Suite 925
Emeryville, CA 94608
CONTRACTOR 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.
19. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR 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. CONTRACTOR 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
CONTRACTOR.
20. 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.
1/klg:agreeiwi&0/2/97
21. ENTIRETY
The foregoing sets 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.
WISS, JANNEY, ELSTNER ASSOCIATES,
INC.
By:
print name
ITS: (circle one) Chairrn Presiden ice President
W' C
I�L
print name
ITS: (circle one) Secretary/Chief Financial
Officer sst. Secretary -Treasure
REV EWED _ LLD APPROVED:
�i
City Administrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
�W
Mayor
ATTEST:
City Clerk f/ 9-7
INITIATED, REVIEWED AND
APPROVED AS TO FORM. ;
City Attorney �16
112s/37
7
! /k/g: agreelwiW6/26/97
JUL-11-199? 13:30 rliRSH & MCLENNAN-CH I CAGO -P. 02/05
tjmum; we @AMj0DjY'j
-- a 7/11/97
TH18 CERTIFICATE IS I$SUED ASTUff Elt OF INFURWAMN aNLY AND
Marsh f,MoLennani Incorporated CONFERS NO RIGHTS UPON THE CEFMFICATE HOLDER. THIS CERTIMCATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
500 W. Conroe POLICIES BELOW.
y-.
Chicago, XL 6066a
COMPANIES AFFORDING COVERAGE
WALTER J WHITLEY
LMETWT04"Y A ST. PAUL MERCURY INS CO
CWANY
INSURIM A44dv LETTER 8 NATIONAL SURETY CORP
I to,
Wise Zahney Elstner ASSOC.
330 PfiU95tQA Road UTTERMw*'Ny C CONTINENTAL CASUALTY CO
Northbrook# IL 60062
Q0wAw D
LE"ER
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ip.m.mW 1,73MR-MON - 0- 17,7Z, ;',Wmh
THIS IS TO CERTIFY TRAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY AEOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAI N. THE INSURANCE AFFORDED BY THE POUCIES, DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS $"OWN MAY KAYE BEEN REDUCED BY PAID CLAIMS.
cc
TYPE OF INSURANCE
PMMV NUMBER
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OMAMERCK GENERAL UA81UTY
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6 1000000
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1 100000
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COMB tm BNOLE
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3/01/97
3/01/98
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DISEASE -EACH EMPLOYEE
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1/01/97
1/01/98-
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$110000000 Cm
$250,000 For Claim
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Of OKPATlQNSA=ATl0NS1V9"CWA1WEC&U ITEM
ASEE REVERSE AND/OR ATTACKED)
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&MOULD ANY or THE ABOVE DESCRIBED POUCiES BE CANCELLED BEFORE THIj
CltY' 6.f.HVii.tfAgt6 Banc' PITWT16N DATE TiiER9dF,'THk IaVlNd'601PAkY WIUmAmmRK
2000 Main street MAIL --3-D.WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO TKE
ATTNs Karen s LEFT. ZXXZXIMX]gM=S=X=Moi=X=MUJM=ZKXXXXX
Huntington Reacb, CA 92648
AUTHORMED REFFIERNTATIVE
1"1HKbH ._� i'1r-�L-mf : ,_,-.i! 'TT`j l � • � �u��v� �X .[�/.u/`'`-v-�
DESCRIPTION OP OPERATIONS/LOCATIONS/VE ICLES/SPECIAL ITEMS 0% (a Od • /0 W/
CERTIFICATE #44360 (CONTINUED) MD
INSURED : Wi,sa Janney Elstner Assoc.
HOLDER : City of Huntington Beach
2000 Main Street
ATTN: Karen
Huntington Beach, CA 92648
7/a./1VI
The City of Huntington Beach, its Agents, officers and Employees are
Additional Insureds under the General Liability and Automobile Liability
coverages as per the attached Additional Insured Endorsement and only with
respect to their interest in the work performed by Named Insured.
PAGE: 2 OF 2
JUL-11-1997 13:31 I P SFHq 3 MCLENF!-CHICACO U r l-P.04/05
COPY
Automatic Additional Insureds Endorsement �cLt 4L40 .
9/1?17
This endorsement changes your Commercial General Liability Protection.
The following provision is added. to (Section II), Who Is an Insured:
5. Apy entity you are required in a written contract (hereinafter called
Additional Insured) to name as an insured is an insured but only with
respect to liability arising out of your premises, "your Work" for the
Additional Insured, or acts or omissions of the Additional Insured in
connection With the general supervision of "your work" to the extent
sot forth below:
a• The Limits of Insurance provided on behalf of the Additional Insured
are not greater than those required by such contract.
b. The coverage provided to the (Additional Insured) is not greater than
that customarily provided by the policy forms specified in and
required by the contract.
c. All insuring agreements, exclusions and conditions of this policy apply
d. In no event shall the coverages or limits of insurance in this coverage
form be increased by such contract.
Except When required otherwise by contract, this insurance does not
apply to
(1) "Bodily Injury" or "Property Damage" occurring after:
(a) All Work on the project (other than service, maintenance or
repairs) to be performed by or on behalf of the Additional
Insureds) at the site of the covered operations has been
completed: or
(b) That portion of "your Work" out of which the injury or damage
arises has been put to its intended use by any person or
organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of
the same project.
(2) "Bodily Injury" or "Property Damage" arising out of any act or
omission of the Additional Insured(s) or any of their employees
other than the general supervision of Work performed for the
Additional Insureds) by you.
(3) "Property Damage" to:
(a) Property owned, used or occupied by or rented to the
Additional Insured(s):
(b) property in the care, custody or control of the Additional
Insured(s) or over which the Additional Insured(s) is for any
Name of Insured Policy Number CK01201889 Effective Date 03/01/97
WISS, TANNEY, ELSTNER ASSOCIATES, INC. Processing Date 03/31/97 14:39 001
40502 Eid.2-80 Printed in U.S.A. Customized Form
eSt.Pawl-Fire and Marine Insurance Co.1980 Ali Rights Reserved Page 1
JUL-11-1997 13:32 MAF_r! r;_�i:..1r�- �i;!= r&4r
purpose exercising physical control: or4
(c) "Your work" for the Additional Insureds)
With respect to Additional Insureds) who are architects, engineers or d
5Urveyors this insurance does not apply to•"bodil injury". "property damn e",1�
PoPersonal PF Y �� � Y 1 Y g
personal injury or advertising injury arising out of the rendering.of or
the failure to render any professional services by or for you, including:
(a) The preparing, approving, or failing to prepare or approve
maps, drawings, opinions, reports, surveys change orders,
designs or specifications; and
(b) Supervisory, Inspection or Engineering Services.
Any coverage provided hereunder shall be excess over any
valid and collectible insurance available to the Additional
Insured(s) whether primary, excess, contingent or on any
other basis unless a contract specifically requires that
this insurance be a primary or you request that it apply on
a primary basis.
No person or orgapixation is an Additional Insured(s) with respect to the
conduct of any current or past partnership joint venture that is not shown
go 8 Named Insured in the Declarations.
Other Terms.
All other terms and conditions of this policy remain unchanged.
Page 2
05t.Paul_Flre and Marine Insurance Co.1980 All Rights Reserved
TCTAL
1
0
0
�, 0 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CITY CLERK LETTER OF TRANSNUTTAL REGARDING ITEM APPROVED BY THE
CITY COUNCILIREDEVELOPN-LENT AGENCY APPROVED ITEM
DATE: daij-4
- i
ame
.1 . 2
%.
See Attached Action Agenda Item
ATTENTION -A"-
� J i
Date of Approval `7 7
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
�u
Connie Brockway
City Clerk
Attachments: Action Agenda Page / Agreement Bonds Insurance
RCA Deed Other
Remarks:
CC:zL
/��mjj Z- - d
Name Dcp mcnt RCA agreement Insurance Othcr
Name Depart.-ttcnt RCA Agecm:al Insurance Other
Name Department RCA Agreement Insurance Oilier
Risk Management Department Insurance Cope
G:Followup'at n- is transltr
(Telephone: 714.536.5227 )