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HomeMy WebLinkAboutLandrum & Brown, Inc. - 2019-07-01 �,eDvEb 60- o-1 ( Z)Al-AAWJ� r City of Huntington Beach File #: 19-744 MEETING DATE: 7/1/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Dave Kiff, Interim City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager Subject: Authorize the City Manager and the City Attorney to execute a Professional Services Agreement for Services related to the Development of a Glide Slope Analysis Statement of Issue: This is a request for Council Action to authorize the City Manager with approval as to form by the City Attorney to execute a Professional Services Agreement with Landrum & Brown, Incorporated to assist the City with conducting a glide slope and noise analysis related to jet noise issues for potential submission to the Federal Aviation Administration. Financial Impact: Funds are available in the FY 2019/20 Budget in account 10030101.69365. The six month contract is $48,370. Recommended Action: Authorize the City Manager with approval as to form by the City Attorney to execute a Professional Services Agreement for services related to the development of a glide slope analysis. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: Residents of Huntington Beach have experienced increases in commercial jet noise due to the Federal Aviation (FAA) modernization program referred to as "Next Gen." This is not a unique situation to the City and is actually a nationwide problem, with municipalities across the nation taking action against the FAA. To date, the FAA has been reluctant to address noise issues anywhere in the country. The City's response was to form an Air Traffic Noise Working Group (ATNWG) which was formally created by City Council on January 8, 2018. This group held regular monthly meetings, convened meetings with the Long Beach Airport, and held a successful Town Hall Meeting with over 200 City of Huntington Beach Page 1 of 3 Printed on 6/26/2019 p0&e,e267y Lea,s:ac- File #: 19-744 MEETING DATE: 7/1/2019 attendees. The key objectives of the working group were as follows: 1) define and prioritize remedies/identify where authority/control resides; 2) acquire technical information and flight data that supports the case; 3) establish a working dialogue with the Federal Aviation Administration, the airlines, Long Beach Airport, and other parties who can help to effect changed; 4) if necessary activate a letter writing/email campaign to enlist community involvement; 5) if necessary, assess the feasibility of legal action; 6) conduct a community meeting within 90 days; and 7) provide the community with ongoing updates via the City's website. Through its meetings, the ATNWG concluded that there is a significant increase in commercial jet noise over Huntington Beach and it negatively impacts the quality of life of residents, especially those most directly under the new and concentrated air traffic routes. The consensus of the ATNWG was that the City needed a long-term commitment to continue the fight to reduce jet noise over the City. To that end, the City Council voted to create the Jet Noise Commission on November 19, 2019. The Commission began meeting in February 2019 and is an advisory body to the City Council on matters pertaining to jet noise from commercial aviation traffic over the City of Huntington Beach. In addition to the work the Commission has been doing with regard to commercial aviation traffic, City staff, along with Council Members Brenden and Delgleize, began meeting with the Long Beach Airport Director and their staff to work on a collaborative solution that worked for both the City and Airport. Long Beach Airport staff began coordinating meetings with the Chief of Pilots for both Southwest Airlines and Jet Blue Airlines, and began ongoing conversations with the FAA regarding the arrival patterns into the Long Beach Airport. In order for changes to be made to the arrival patterns, the City needs to conduct a Glide Slope Analysis to submit to the FAA. Generally, aircraft arrive into airports using a flight path that is on a three-degree glide slope while applying minimal power to the engines. However, aircraft may fly below that intended path and apply more power to the engines to remain aloft, which generally increases noise and use of fuel. The City contends that the aircraft arriving into Long Beach Airport remain on a three-degree glide slope, which would maintain aircraft at higher altitudes over the City, and possibly reduce aircraft noise by perceivable levels. The City solicited written proposals from Landrum & Brown, HMMH, and Veneklasen. Landrum & Brown, acknowledged as the global leader in aviation planning, development, and environmental management, was among the highly qualified respondents, as well as being recommended to the City by officials at the Long Beach Airport. They have an existing relationship with the Long Beach Noise Office and appear to be uniquely positioned to assist the City with obtaining accurate noise data and preparing a glide slope analysis for submission to the FAA. Environmental Status: Not Applicable. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): City of Huntington Beach Page 2 of 3 Printed on 6/26/2019 power Legistar_"' File #: 19-744 MEETING DATE: 7/1/2019 1. Proposal from Landrum & Brown, Incorporated City of Huntington Beach Page 3 of 3 Printed on 6/26/2019 oob,ere26q Legistar', t Landrum & Brown 19700 Fairchild Rd. Suite 230 Irvine, CA 92612 IN m3 °P= _u " wx a, d April 2019 - • • • , 270 MLeH Landrum & Brown, Incorporated April 29, 2019 19700 Fairchild Rd., Suite 230 Irvine, CA 92612 949-349-0671 Antonia Graham Assistant to the City Manager Office of the City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Glide Slope Analysis Proposal Landrum & Brown, Incorporated (L&B) is pleased to submit this proposal to assist the City of Huntington Beach with an Aircraft Glide Slope Analysis. This submission provides the information requested at the April 16, 2019 meeting with Christian Valdes (L&B). Founded in 1949, Landrum & Brown, Incorporated (L&B) is acknowledged as the global leader in Aviation Planning & Development and Environmental Management. We are also recognized globally for industry leadership, innovation, technical excellence, and client responsiveness. Airports around the globe have turned to L&B to lead their efforts for nearly 70 years because we are the premier firm in the aviation consulting industry, and responding to the needs of airport clients is our firm's sole focus. Our clients have access to L&B's multidisciplinary team with over 200 personnel and 28 offices in 12 countries worldwide. We provide ample technical breadth, depth, and capacity to address every facet of aviation consulting, including addressing noise and environmental issues. Relative to community outreach and development of aircraft noise abatement procedures, L&B has supported various airports with analyzing and implementing solutions to decrease aircraft noise impacts on communities. For example, L&B supports the O'Hare International Airport noise abatement program and the O'Hare Noise Compatibility Commission where we provide the coordination, analysis, monitoring and reporting on procedures including preferential runway use plans and preferred flight paths. Locally, our knowledge of the Southern California airspace and relationship with Long Beach Airport staff puts L&B in a great position to assist you with your flight analysis needs. We look forward to providing you with the analysis necessary to quantify the benefits of the proposed Long Beach Airport glide slope change. Sincerely, 1Pb - ---- Rob Adams Officer-in-Charge cc: Christian Valdes (L&B) . ._ ,. 271 MbB Table of Contents 1. Introduction 1 2. Scope of Work 1 3. Cost Summary 2 Aircraft Glide Slope Analysis Table of Contents I i 272 NbB 1 . introduction Generally, aircraft arrive into airports using a flight path that is on a 3-degree glide slope while applying minimal power to the engines. However, aircraft may fly below that intended path and apply more power to the engines to remain aloft, which generally increases noise and the use of fuel. The City of Huntington Beach proposes that aircraft arriving into Long Beach Airport remain on a 3-degree glide slope, which would maintain aircraft at higher altitudes over Huntington Beach communities, and possibly reduce aircraft noise by perceivable levels. The scope of work below describes the tasks to deliver the aircraft glide slope analysis and noise monitoring. 2. Scope of Work Task 1 — Project Management Provide project management and coordination between various stakeholders associated with this project. Task 2 — Aide Slope Analysis To perform the glide slope analysis, L&B will gather the necessary flight data to document the existing and proposed altitudes at various points along the flight path of aircraft arriving into Long Beach Airport. These points will be located within the Huntington Beach city boundaries. Then, a comparison will be made between the existing and proposed scenarios to quantify the differences. Task 3 — Noise Monitoring L&B will coordinate with Long Beach Airport staff to perform noise monitoring at locations selected by the City of Huntington Beach to measure the noise levels of existing aircraft operations. Once the proposed 3-degree glide slope is implemented, L&B will coordinate additional noise monitoring at the same locations to quantify the changes in aircraft noise. The data collected will include: Date/Time, Lmax, SEL, duration, lateral and slant range distance, altitude at Point of Closest Approach (PCA), and ground speed at two (2)to four(4) monitoring locations. Task 4 — Report L&B will prepare a draft report describing the glide slope analysis and noise monitoring. L&B will provide a draft report to the City of Huntington Beach for comments, then finalize the report. Aircraft Glide Slope Analysis Table of Contents 11 273 4hH 3. Cost Summary Below is a breakdown of the cost to perform the tasks described in Section 2. Task Number Task Name Cost 1.0 Project Management $ 6,340 2.0 Glide Slope Analysis 2.1 Data Gathering $ 4,520 2.2 Existing Scenario $ 3,860 2.3 Proposed Scenario $ 3,860 2.4 Scenario Comparison $ 2,290 3.0 Noise Monitoring 3.1 Site Selection $ 3,680 3.2 Existing Scenario Monitoring $ 2,680 3.3 New Glide Slope Monitoring $ 2,680 3.4 Monitoring Analysis $ 5,360 4.0 Report 4.1 Draft Report $ 7,970 4.2 Final Report $ 5,130 Total $ 48,370 Aircraft Glide Slope Analysis Table of Contents 2 274 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LANDRUM&BROWN FOR AIRCRAFT GLIDE SLOPE ANALYSIS 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 Landrum&Brown, a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide consultant services to assist the City with preparing a Glide Slope Analysis; 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 I 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 I sometimes hereinafter be referred to as the "PROJECT." i CONSULTANT hereby designates Christian Valdes who shall represent it and be j its sole contact and agent in all consultations with CITY during the performance of this Agreement. I i 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. SUPPLEMENTAL COMMUNICATION 1 9-7 7 3 9/2 062 1 4 MeWfng Date; agree/surflet/professional svcs to$49 05/19-204132 1 of 11 Agenda Item No, 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. Notwithstanding the foregoing, in no event will CONSULTANT be responsible for damages due to delays beyond CONSULTANT's reasonable control. The services of CONSULTANT are to commence on 20 (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 six(6)months from the Commencement Date. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,a fee,including all costs and expenses,not to exceed Forty Eight Thousand Three Hundred Seventy Dollars ($48.370). 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 E work only after receiving written authorization from CITY. Additional compensation for such i extra work shall be allowed only if the prior written approval of CITY is obtained. i 1 9-773 9/2 062 1 4 agree/surfnet/professionalsvcs to$49 05/19-204132 2 of 11 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." i 7. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS I 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 j i 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 1 occur fist. These materials may be used by CITY as it sees fit; provided, however, that if the CITY reuses of makes any modification to CONSULTANT's designs,documents or work product without the prior written authorization of CONSULTANT, the CITY agrees, to the fullest extent permitted by law,to release claims and causes of action arising from such uses,and shall indemnify and hold them harmless from all costs and expenses,including the cost of defense,related to claims and causes of action to the extent such costs and expenses arise from the CITY's modification or reuse of the documents. S. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and I 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 except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. This 1 9-7 7392062 1 4 agree/surfnet/professional Svcs to$49 05/19-204132 3 of 11 indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs"Design Professional Services"within the meaning of Civil Code Section 2782.8,then the following Hold Harmless provision applies in place of subsection A above; "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers,elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation,costs and fees of litigation of every nature or liability of any kind or nature)to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the 1 negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However,notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business,CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend,is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. I This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 19-7739/206214 agree/surfnet/professional svcs to$49 05/19-204132 4 of 11 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 claim 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 i for any reason,CONSULTANT agrees to purchase an extended reporting provision of at least two I (2) years to report claims arising from work performed in connection with this Agreement. j 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 forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives . I 19-7739/206214 agree/surfiiet/professional svcs to$49 05/19-204132 5 of 11 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 i 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. 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, 19-7739/206214 agree/surfnet/professional svcs to$49 05/19-204132 6 of 11 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 accordance with the standard of care ordinarily provided by firms practicing under the same of similar locality under the same or similar circumstances. 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 i set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material f produced as a result of this Agreement. 19-7739(206214 agree/surfnet/professional sves to$49 05/19-204132 7 of 11 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 l 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, i a a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Landrum&Brown ATTN: Antonia Graham ATTN: Christian Valdes 2000 Main Street 19700 Fairchild Rd, Suite 230 Huntington Beach, CA 92648 livine,CA 92612 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. i i 19-7739/206214 agree/surfneVprofessional svcs to$49 05/19-204132 8 of 11 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 pleases 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 i The language of all parts of this Agreement shall in all cases be construed as a I whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law,ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 1 9-7 739/20 62 1 4 agree/surfnet/professionai sves to$49 05/19-204132 9 of 11 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services,and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall s bear its own attolney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 19-7739/206214 agree/surfitet/professional svcs to$49 05/19-204132 10 of 11 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 I power, authority and right to bind their respective parties to each of the terms of this Agreement, j I 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 i The parties acknowledge and agree that they are entering into this Agreement freely i and voluntarily following extensive arm's length negotiation, and that each has had the opportunity � 1 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 t i this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 19-7739/206214 agree/surfnet/professional sves to$49 05/19-204132 11 of 11 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. ► 19-77391206214 agree/surfnet/professional svcs to$49 05/19-204132 12 of 11 CONSULTANT, CITY OF HUNTINGTON BEACH, Landrum& Brown, Incorporated a municipal corporation of the State of California I By: Director/Chief (Ptrrszrant To HBMC§3.03.100) i print name ITS: (circle one)Chairman/President/Vice President APPROVED AS TO FORM: I AND . 1 By: City Attorney print name Date i ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary--Treasurer RECEIVE AND FILE: City Clerk Date f I 1 i 19-77391206214 agree/surfnetlprofessionalsvcs to$49 05/19-204132 13 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Generally, aircraft arrive into airports using a flight path that is on a 3-degree glide slope while applying minimal power to the engines. However, aircraft may fly below that intended path and apply more power to the engines to remain aloft, which generally increases noise and the use of fuel. The CITY contends that aircraft arriving into the Long Beach Airport remain on a 3-degree I glide slope, which would maintain aircraft at higher altitudes over the City, and possibly reduce < i aircraft noise by perceivable levels. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Task I —Project Management Provide project management and coordination between various stakeholders associated with this project(e,g. Federal Aviation Administration, Long Beach Airport, etc.). Task 2—Glide Slope Analysis To perform the glide slope analysis, CONSULTANT will gather the necessary flight data to document the existing and proposed altitudes at various points along the flight path of aircraft arriving into the Long Beach Airport. These points will be located within CITY boundaries. Then, a comparison will be made between the existing and proposed scenarios to quantify the differences. Task 3—Noise Monitoring CONSULTANT will coordinate with the Long Beach Airport staff to perform noise monitoring at locations selected by the CITY to measure the noise levels of existing aircraft operations. Once the proposed 3-degree glide slope is implemented, CONSULTANT will coordinate EXHIBIT A additional noise monitoring at the same locations to quantify the changes in aircraft noise. The data collection will include: Date/Time, Lmax, SEL, duration, lateral and slant range distance, altitude at Point of Closest Approach(PCA), and ground speed at two to four monitoring locations. Task 4—Report CONSULTANT will prepare a draft report describing the glide slope and noise monitoring. CONSULTANT will provide a draft report to the CITY for comments,then finalize the report. C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY shall work collaboratively with the CONSULTANT to identify appropriate staff members to work with CONSULTANT to advance the goals of the City Council and the Jet Noise Commission related to jet noise. CITY will not control the manner or means of CONSULTANTS services D. WORK PROGRAM/PROJECT SCHEDULE: i The CONSULTANT will have six (6)months from contract approval to complete the Statement of Work. i i E EXHIBIT A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) $48,370 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice,CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested,and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. i Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LANDRUM&BROWN FOR AIRCRAFT GLIDE SLOPE ANALYSIS Table of Contents 1 Scope of Services................................................................................................................ 1 2 City Staff Assistance...........................................................................................................2 3 Term;Time of Performance................................................................................................2 4 Compensation.................:....................................................................................................2 5 Extra Work..........................................................................................................................2 6 Method of Payment.............................................................................................................3 7 Disposition of Plans,Estimates and Other Documents.......................................................3 8 Hold Harmless.....................................................................................................................3 9 Professional Liability Insurance ..............................................................................4 10 Certificate of Insurance.......................................................................................................5 11 Independent Contractor.......................................................................................................6 12 Termination of Agreement..................................................................................................6 13 Assignment and Delegation..................................................................................................6 14 Copyrights/Patents..............................................................................................................7 15 City Employees and Officials..............................................................................................7 16 Notices... .................................................................................................................7 17 Consent................................................................................................................................8 18 Modification........................................................................................................................8 19 Section Headings.................................................................................................................8 20 Interpretation of this Agreement.........................................................................................8 21 Duplicate Original...............................................................................................................9 22 Immigration..........................................................................................................................9 23 Legal Services Subcontracting Prohibited....................:......................................................9 24 Attorney's Fees..................................................................................................................... 10 25 Survival................................................................................................................................ 10 26 Governing Law..................................................................................................................... 10 27 Signatories............................................................................................................................ 10 28 Entirety................................................................................................................................. 10 29 Effective Date.................................................................................I I 1 Glide Slope Analysis City Council Meeting July 1,2019 Administrative Item#19-744 Residents have experienced increases in commercial jet noise due to the FAA modernization program-Next Gen. City Council approved the formation of an Air Traffic Noise Working Group in January Background 2018. The group met monthly and held a Town Hall Meeting with over 200 attendees. City Council then created a Jet Noise Commission in November 2019. 6/28/2019 City began meeting with the Long Beach Airport in 2017 Conversations began with two airlines in 2018 Long Beach Airport staff have indicated that the FAA is Background open to altering the approach into the Long Beach Airport. To do this the City would need to hire a consultant to prepare a Glide Slope Analysis. Technically speaking the Glide Slope is the proper path for an aircraft preparing to land. Aircraft arrive into airports using a flight path that is on a 3-degree glide slope while applying minimal power What a Glide to the engines. Slope Analysis? The City would like aircraft arriving into the Long Beach Airport to remain on a 3-degree glide slope,which would maintain aircraft at higher altitudes over the City -and could reduce aircraft noise by perceivable levels. 2 6/28/2019 Long Beach AirponO LGB Optimal Aircraft .ra hda Altitude Heights Z.- 3°Glideslope Cin ofHnntington Beach GUYEY .4.92 h. 1600' SNAL A — 2w LUGIG ♦9.56M0' . 90' CigdHuntington evxh �Y6W N ♦EZNEL 1000' ALBAS 400a' oownaIL arvrtnmaa onvMs .,,.. Task 1 Project Management Task 2 Glide Slope Analysis Scope of Work Task 3 Noise Monitoring Reporting 3 6/28/2019 Questions? 4 Switzer, Donna From: Estanislau, Robin Sent: Monday, July 01, 2019 7:18 PM To: Switzer, Donna; Esparza, Patty Subject: FW:Jet Noise over my home on Admiralty Island Supplemental Communication for Administrative Item#26 From:Graham, Antonia <Antonia.Gra ham @surfcity-hb.org> Sent: Monday,July 1, 2019 5:31 PM To: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org> SUPPLEMENTAL Subject: Fwd:Jet Noise over my home on Admiralty Island COMMUNICATION NICATION Meeting Date. f_/J�� Sent from my Whone Please excuse any typos Agenda Rem No: Z� f�—7 Begin forwarded message: From: Patricia Hochschild <pch@sterlingsleep.com> Date:July 1, 2019 at 5:11:08 PM PDT To: "barbara.delgleize@surfcity-hb.org" <barbara.delgleize@surfcity-hb.org> Cc: "antonia.gra ham @surfcity-hb.org"<antonia.graham@surfcity-hb.org> Subject:Jet Noise over my home on Admiralty Island Dear Ms. Delgleize and Ms. Graham, My husband and I built our home on 3322 Devon Circle, Huntington Beach 92649 in 1998.Our home is located on Admiralty Island which is at the far western side of the city. In the past, until very early 2017, when the FAA changed rules regarding flight patterns,the ambience of the location of our home was"to die for". Guests visiting us would remark, "You live in a place where we come to vacation!" Occasionally, we would hear a loud military transport plane going past. Or in the summer,we might hear private planes trailing banners advertising certain products. But for the most part the air traffic or the noise created by it did not overly annoy the residents of Admiralty Island—be they humans living on land or the fish, ducks or Great Blue Herons we would see daily in the channel. Decisions made by the FAA have ruined that peaceful ambience and changed all that.And I would not be at all surprised to learn the even property values have been detrimentally affected as well. So recently, as ill as I am, having 2 immune deficiency diseases, bone marrow failure problems as well as Myelodysplasia, the noise has become so intolerable I went to the Huntington Beach City Hall to see if I could meet with the Huntington Beach officials that were appointed to the board or commission to study the jet noise.And that is how I was given your names and business cards. I was told that I could meet with you on the last Monday of each month.You would be available at the H.B. City from 5:30— 7:30pm. I really would like to meet with you, but most of the time I am just not healthy enough. So that is the reason for this letter. I read in the Daily Pilot on 6/30/2019 that the HB City Council would be meeting tonight 7/1/2019 to discuss partnering with an Irvine-based aviation consultant to conduct an analysis that could be submitted to the FAA addressing the residents concerns about airplane noise. I also read that if the HB City Council approves a contract with this aviation consultant,certain locations within Huntington Beach 1 will be selected to monitor the noise for a 6 month period. I would like you to make sure one of those locations is located most certainly in Huntington Harbor—hopefully Admiralty Island. Since the FAA made these changes the following has changed regarding air traffic over my home: 1. Frequency—now it is all day and night 2. Height—Large jets are flying quite low right over my home 3. Noise—what used to be a very peaceful location , is now disturbed by loud jets many, many times each hour as the jets approach and make their decent to the Long Beach airport. There is one other factor that no one, as of yet, seems to address, but living here it has become very noticeable. It is not just the human residents that have been hugely affected.We no longer see the Great Blue Herons. And the ducks, coots and other water fowl we used to see in large numbers are disappearing as well. Perhaps a study also needs to be done to see how the noise and jet fuel fall out are affecting the protected wetland areas in Huntington Beach! When I read about the goals for the city of Huntington Beach established in the coming year 2019 by the mayor, Erik Peterson, not one of the goals listed had anything to do with the jet noise that is affecting tens of thousands—perhaps even more than that—residents of Huntington Beach.This is a problem that is affecting far more Huntington Beach residents and the value of the property in Huntington Beach than problems of the homeless encampments etc—all the other goals on the mayor's list! So I am urging you to: 1. Partner with the aviation consultant and monitor the jet noise and obtain the necessary data. 2. Study the effects of the noise and jet fuel fall out on the wetlands flora, fauna,fish, birds and waterfowl. 3. Engage in a lawsuit if necessary and sue the FAA to resume the flight patterns, height restrictions etc. previous to 2017. 1 read in the LA Times at least one other city intends to do just that. Thank you for taking the time to read about this very serious issue. I know what is affecting me is affecting many, many other residents in H.B. who are very unhappy about the jet noise, but just don't know to whom they should address their concerns. Sincerely, Patricia Hochschild 3322 Devon Circle Huntington Beach, CA 92649 Phone: 562-592-4596 Fax 562-592-3596 Email pch@sterlingsleep.com 2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LANDRUM&BROWN FOR AIRCRAFT GLIDE SLOPE ANALYSIS 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 Landrum& Brown, a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide consultant services to assist the City with preparing a Glide Slope Analysis; 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 Christian Valdes who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. i 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 19-7739/206214 agree/surfnet/professiona[svo to$49 05/19-204132 1 of 11 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. Notwithstanding the foregoing, in no event will CONSULTANT be responsible for damages due to delays beyond CONSULTANT's reasonable control. The services of CONSULTANT are to commence on July 1 2019 (the "Commencement Date"). This Agreement shall I automatically terminate three (3) years from the Commencement Date,unless extended or sooner terminated as provided herein. All tasks specified in Exhibit"All shall be completed no later than six(6)months from the Commencement Date. The time for performance of the tasks identified in I 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. j 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee,including all costs and expenses,not to exceed Forty Eight Thousand Three Hundred Seventy Dollars($48.370). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in "Exhibit A, CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such f extra work shall be allowed only if the prior written approval of CITY is obtained. I i 19-7739/206214 agree/surfnedprofessional sves to$49 05/19-204132 2 of 11 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion,whichever shall occur first. These materials may be used by CITY as it sees fit; provided, however, that if the CITY reuses of makes any modification to CONSULTANT's designs,documents or work product without the prior written authorization of CONSULTANT, the CITY agrees, to the fullest extent permitted by law,to release claims and causes of action arising from such uses,and shall indemnify and hold them harmless from all costs and expenses,including the cost of defense,related to claims and causes of action to the extent such costs and expenses arise from the CITY's modification or reuse of the documents. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, 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 subcontractois,if any)negligent(or alleged negligent)performance of this Agreement except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. This 1 9-7739/20 62 1 4 agrec/surfhet/professionaf sves to$49 05/19-204132 3 of l l indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT, B. To the extent that CONSULTANT performs"Design Professional Services"within the meaning of Civil Code Section 2782.8,then the following Hold Harmless provision applies in place of subsection A above; "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature)to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However,notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business,CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend,is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 1 9-7 739/2062 1 4 agree/surfnet/professional sm to$49 05/19-204132 4 of 11 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 claim 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 forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives 19-7739/206214 agree/surfiiet/professional sves to$49 05/19-204132 5 of 11 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. 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, 19-7739/206214 agree/surfhetlprofessional Svcs to$49 05/19-204132 6 of 11 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 accordance with the standard of care ordinarily provided by firms practicing under the same of similar locality under the same or similar circumstances. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned,delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTSMATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 19-77391206214 agree/surfnedprofessional svcs to$49 05/19-204132 7 of 11 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 I 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 Landrum&Brown ATTN: Antonia Graham ATTN: Christian Valdes 2000 Main Street 19700 Fairchild Rd, Suite 230 Huntington Beach, CA 92648 Irvine, CA 92612 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. I 19-77391206214 agree/surfnet/professional svos to$49 05/19-204132 8 of 11 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision i contained herein and any present or future statute, law,ordinance or regulation contrary to which i 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. 1 9-7 739/2062 1 4 agree/surfnet/professional Svcs to$49 O5/19-204132 9 of 11 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the i 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. 19-7739/206214 agree/surfnet/professional secs to$49 05/19-204132 10 of 11 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 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. 19-7739/206214 agrWsurfnetlprofessional sves to$49 05/19-204132 11 of 11 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. i IN WITNESS WHEREOF, the panties hereto have caused this Agreement to be executed by and through their authorized officers. 19-7739/206214 agree/surfnet/professronal sm to$49 05/19-204132 12 of 11 CONSULTANT, CITY OF HUNTINGTON BEACH, Landrum&Brown,Incorporated a municipal corporation of the State of California f t By: (Pursuani To H MC§3.©3.1 tXl) Ca t print name ""'t ITS:(cirete one)chairmanipresiden Ice Presidem APPROVED AS TO FORM: AND By. CityA.ttomey print name D ITS: (circle one)SeavairftChie€Financial OfficearfAsA. Seercxary—Treasurer RECEIVE AND FILE: City Clerk i Date 7�/O�/9 3 yf I 19-7739t2A6214 agedsurfnet*nfessionaisvm to$49 45/19-204132 13 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Generally, aircraft arrive into airports using a flight path that is on a 3-degree glide slope while applying minimal power to the engines. However, aircraft may fly below that intended path and apply more power to the engines to remain aloft, which generally increases noise and the use of fuel. The CITY contends that aircraft arriving into the Long Beach Airport remain on a 3-degree glide slope, which would maintain aircraft at higher altitudes over the City, and possibly reduce aircraft noise by perceivable levels. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Task I —Project Management Provide project management and coordination between various stakeholders associated with this i project(e.g. Federal Aviation Administration, Long Beach Airport, etc.). Task 2—Glide Slope Analysis To perform the glide slope analysis, CONSULTANT will gather the necessary flight data to document the existing and proposed altitudes at various points along the flight path of aircraft arriving into the Long Beach Airport. These points will be located within CITY boundaries. Then, a comparison will be made between the existing and proposed scenarios to quantify the differences. Task 3—Noise Monitoring CONSULTANT will coordinate with the Long Beach Airport staff to perform noise monitoring at locations selected by the CITY to measure the noise levels of existing aircraft operations. Once the proposed 3-degree glide slope is implemented, CONSULTANT will coordinate EXHIBIT A additional noise monitoring at the same locations to quantify the changes in aircraft noise. The data collection will include: Date/Time, Lmax, SEL, duration, lateral and slant range distance, altitude at Point of Closest Approach(PCA), and ground speed at two to four monitoring locations. Task 4—Report CONSULTANT will prepare a draft report describing the glide slope and noise monitoring. CONSULTANT will provide a draft report to the CITY for comments,then finalize the report. C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY shall work collaboratively with the CONSULTANT to identify appropriate staff members to work with CONSULTANT to advance the goals of the City Council and the Jet Noise Commission related to jet noise. CITY will not control the manner or means of CONSULTANTS services D. WORK PROGRAM/PROJECT SCHEDULE: The CONSULTANT will have six (6)months from contract approval to complete the Statement of Work. EXHIBIT A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) $48,370 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice,CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested,and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF 14UNTINGTON BEACH AND LANDRUM&BROWN FOR AIRCRAFT GLIDE SLOPE ANALYSIS Table of Contents IScope of Services................................................................................................................ 1 2 City Staff Assistance...........................................................................................................2 3 Term;Time of Performance................................................................................................2 4 Compensation......................................................................................................................2 5 Extra Work..........................................................................................................................2 6 Method of Payment.............................................................................................................3 7 Disposition of Plans,Estimates and Other Documents.......................................................3 8 Hold Harmless.....................................................................................................................3 9 Professional Liability Insurance ..............................................................................4 10 Certificate of Insurance.......................................................................................................5 11 Independent Contractor.......................................................................................................6 12 Termination of Agreement..................................................................................................6 13 Assignment and Delegation..................................................................................................6 14 Copyrights/Patents..............................................................................................................7 15 City Employees and Officials..............................................................................................7 16 Notices... .................................................................................................................7 17 Consent................................................................................................................................8 18 Modification........................................................................................................................8 19 Section Headings.................................................................................................................8 20 Interpretation of this Agreement.........................................................................................8 21 Duplicate Original...............................................................................................................9 22 Immigration..........................................................................................................................9 23 Legal Services Subcontracting Prohibited...........................................................................9 24 Attorney's Fees..................................................................................................................... 10 25 Survival................................................................................................................................ 10 26 Governing Law..................................................................................................................... 10 27 Signatories............................................................................................................................ 10 28 Entirety................................................................................................................................. 10 29 Effective Date.................................................................................I 1 ACC?R H CERTIFICATE OF LIABILITY INSURANCE DATE (MW019 Y) 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 AC unique Kizer Arthur J.Gallagher Risk Management Services,Inc. PHONE 513-977-3146 F Ne;513-977-4646 201 E.4th Street, Ste 625 E-MAIL Cincinnati OH 45202 ADDRESS: unique kizer a' ,com INSURER 3 AFFORDING COVERAGE NAIC p INSURER A:Continental Insurance Company 35289 INSURED INSURER 8:Continental CasualtyCompany 20443 Landrum&Brown Incorporated 4445 Lake Forest Dr„Suite 700 INSURERc:National Fire Insurance Co of Hartford 20478 Cincinnati,OH 45242 iNsuRERo:American Casualty Company of Reading,PA 20427 INSURERE:Federal Insurance Company 20281 INSURER F: COVERAGES CERTIFICATE NUMBER:1407624376 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTRR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXPlum AM ! LIMITS A X COMMERCIAL GENERAL LIABILITY 6045740089 1/23/2019 1/23/2020 EACH OCCURRENCE $1.000.000 T D CLAIMS-MADE DAMAGETO OCCUR REMISES I a u $1,000,000 MED EXP(Any one person) $10,000 PERSONAL B ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000 000 POLICY JEa LOC APPROVED AS TO FORM PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Em to a eeneffis $1,000,000 C AUTOMOBILE LIABILITY 6045740075 1319 1/23/2020 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO :Y' c a OWNED SCHEDULED MIGHARL Ili.GAT S BODILY INJURY(Per person) $ AUTOS ONLY AUTOS CnY ATTORNEN BODILY INJURY(Per accident) $ HIRED NON-OWNEDSONLY CM OF HUNTINGTON BEACH PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY $ $ A X UMBRELLALfA6 X OCCUR 6045740111 1/23/2019 1/23/2020 EACH OCCURRENCE $9,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $9 000 000 DED I X I RETENTION$ $ woRKERscoMPENSATION 6 045740108 1/23/2019 1Y23/2020 X PER OTH- a AND EMPLOYERS'LIABILITY YIN 6045740092 1/23/2019 1/23/2020 ST TUTE Nan-Mono olistic ANYPROPRIETDR/PARTNERlEXECUTIVE OFFICE RIMEMBEREXCLUDED7 a NIA E.L.EACH ACCIDENT $1,000,000 w. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 e Professional LiaNity 596769684 2/23/2019 1/23/2020 Limit $5,000,000 E Crime 821043a1 6118/2019 1/23/2020 Unit $500.000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached B more space Is required) Additional Insured and Primary/Non-Contributory coverage applies under General Liability form number CNA75079XX(10/16)when required by written contract or agreement. Waiver of subrogation applies under the General Liability form number CNA74858 XX(1-16)when required by written contract or agreement. Additional Insured coverage applies under Automobile Liability form number SCA23500D(10/11) when required by written contract or agreement. Waiver of Subrogation applies under the Worker's Compensation coverage per forms WC 00 03 13(0411984) and G-19160-B'(11-1997)when required by written contract or agreement. City of Huntington Beach and our officers,elected or appointed officials,agents,and volunteers included as additional insured With respect to the General Liability Policy as required by written contract.A Waiver of Subrogation applies with respect to all Policies as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach 2000 Main Street,First Floor AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648-2702 ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA PARAMOUNT CNA Architects, Engineers and Surveyors General Liability Extension Endorsement. It is understood and agreed that this endorsement amends ther.COMMERCIAL.GENERAL LIABILITY COVERAGE.PART as follows: If any other endorgetneni attached to this policy wtertds any,provision also. amended.by this.andorsemertt, then that other endorsement controls with xsspaO to such pmvI*n,.'and the changes made by this.endorsement with respecjd sumh provision do not,apply, TABLE, OF CONTENTS 1, Additiontal'lnsureds 2. Additjbnaij insured.,.PrOnAty And Non-Contributory To Additional.Insured's Insurance 3. Additional insured.-Extended Coverage A. Boats. S. Bodily injury Expanded..Defifilkiwn 6; Broad KnoWledge of Occurrerw*Notice:01 Occurrence 7, Broad Domed Insured 6, contractual Liability—Railroads 9. Estates,Legal Roprssentativos and.SPouses it?. Expected Or intended Injury—Exception for;Raasonable Force. 11.'CE ' ` Aggregate L IMNA of Insurance-�Per Location g 12. In:Rear►Actions $ 1A. Incidentnl Health CareMalprodko Coverago: 14.,Joint Ventures/Parinership7Limited Liability Companies 15. Legrtl t,tabilFty,—Vaan►ege TO Promises a 16. Liquor Liabliity 1.7. Medical Paymeoft is.. Non-owned AlrentaftCoveragta 19. Neat-owned Watercraft raft n. Porsc>'nai And Advertising Injury—gisarimination or Humiiiation 21. Personal And Advertising InJury-datdractuat Liability 22. Property Damage-Elevators _ 23. Retired.Partners,Members,Directors And Employees, 24. SupplaMontary Payments 25. Uninteniionai.Failure To Drsdose Hazards 26. Waiver df'SUW09aitlad—Blanket 27, Wrap.Up Extension:OCIP,CLIP or Consolidated(Wrap-Up)Insurain Prowsmo 0NA74668)0((1-15)" Policy N;-. 6645740089 `Page 1.of 18 Endorsement Na 5 The Cont riental. Insurance, Co. F.ffective.Date, 01/23/2019 Insured Name LANDRUM" & BROWN, INC. Copyrigtd CVA AIi A1ghta Reserved. indudes,c apfthied rMterwot tnswance.seivides ottice,.lno..0th its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL.INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through 1. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: (1) Is currently in effect or becomes effective during the term of this Coverage Part;and ( ) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising injury, for which such additional Insured seeks coverage. b. However, subject always to the terms and conditions of this policy, Including the limits of Insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement;or (2) coverage broader than required by such contract or agreement,and in no event broader than that described by the applicable paragraph A.through 1.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest In a Named insured,but only with respect to such person or organizahon's liability for bodily injury,property damage or personal and advertising Injury arising out of: 1: such person or organization's financial control of a Named Insured;or 2. promises such person or organization owns, maintains or controls while a Named bred leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional Insured. S. Co-owner of fired Promises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily Injury,property damage or personal and advertising Injury as co-owner of such premises. C. Engineers,Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily Injury,property damage or personal and advertising Injury caused in whole or In part by the Named Insured's acts or omissions,or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises;or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury,property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by,on behalf of,or for the Named Insured,including but not limited to: CNA74858XX(1-15) Policy No., 6045740089 Page 2 of 18 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/23/2019 Insured Name: LkmRum & BROWN, INC. Copyright CNA AK Rights RessNed, Includes copyrighted ffideriel of Iraruence Services Oiflce,Inc.,with Its peartssion. CNA.PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1 the preparing,:approving, or failing.to prepare or approve, maps; shop drawings, opinions; reports,.surveys, hold•orders,change orders or drawings and specifications;or 2.. supervisory,inspoetlon,:arch.1. ctural.or engineering activities... D: Lessor of Equipment Any person or organization from whom:a Named Insured leases equipment, but only with respect to liability for bodily injury, pro perty°damage or personal and advertising injury caused, in whole.or in part;by the Named Insured.'s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury; properry:damage.,orthe offense giving rise to:such persortai and"advertissmg jury takes place prior,to the termination.of such lease. E. L+eswx of Land. Any,person or organization from whom a Named Insured leases.land but only with respect.to liability for bodily, o#jsuchprop provided that personal and advertising injury arising out of the ownersh( , maintenance or use to u r damage pp at the occurrence giving rise.to such bodily injury,property d.Enage or the offense givirig,'rise to such_personal and advertfeiftg Injury takes place; prior to, the termination of such lease. The coverage granted by thin paragraph' does not apply to structural alterations, new construction or demolition operations performed by,on behalf'of,or for such additional insured F.. Lsws r.of FNrernlses An owner or lessor of premises[eased.to the Named Insured,or such owner be lessor's'real estate manager,but only with respect to Ifabifity for bodily injury,property damage.or personal'and advertising injury arising out of the ownership,maintenance or use of such part of the promises.leased to the Named Insured,and provided that the cccurrence`giving rise to such bodily injury or property damage;or the offense giving rise to such personal antl advertising Injury,: takes place prior to: the terminatlon :of,such lease, The coverage oranted by this paragraph does not apply,to structural afterations, now construction or demolition op.erat ons performed by, on behalf of,or for such additional insured. G, t4la0ee,.Assignee:or Receiver a A.mortgagee, assignee or receiver of premises but only with respect to such mortgagee; assignee or receiver's Hability for bodily injury pr+ap fly damage or personals.and advertising'injury arising out of the Named insured's ownership,maintenance 1.,or use of a premises 6y a NE�ntlad Insured. The coverage-granted by this paragraph noes not apply to structural alterations, new construction or..demolition s operations performed by,on behalf of,or for such additional(nsurad. H. Mate or Qovemmental Agency or Suhdtvision or Political Subdivisions T Foirtftits A state'orgovemmenta(.agency orsubdivis(onor.political:subdivision;that has Issued a permWor authorization but only with respect to such state or.governmental agency or subdlgis(on ar.political subdivision's liability,for hodify Inlwy,.propody damage or.personal and advertising,Injury arising out of; 1. the.following hazards:In connection with premises a Named Insured owns, rents,.or controls and to which this insurance applies, s� a, the existence, 'maintenance, .repair, construction; erection, or removal of advertising sighs, awnings, canopies, celiac�ntrartces, deal holes, drivea!ays,,manYroles; marquees, holstaway openings;.sidewEtllc vaults,street banners, or decorations and similar exposures;or b. the construction,erection,or removal of elevators;.or c: the ownership,maintenance oruse of any elevators covered by this ln' $'uranoei or ONA74858XX(1-15)" Poi.foj+,No. e045.746099 Page 3 of 18 Endorsement No. 5 The: .Contineni al. Insurance Co,. (effective Date:: O1/23/2019 Insured Name:LANDRUM 4 BROWN, INC., t upyflptEt.CNA Ap FVWs PAW-& Includes COPYdOw mefeft of Inswarm Senkes Me,.Im.With tta Permisslan. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodity injury,property damage or personal and advertising Injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional Insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional Insured. I. Trade Show Event Lessor i. With respect to a Named Insured's participation in a trade show event as an exhibitor,presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily Injury, property damage or personal and advertising injury caused by: a, the Named Insured's acts or omissions;or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition In the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional Insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional Insured's own insurance means insurance on which the additional Insured Is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED—EXTENDED COVERAGE When an additional insured Is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED Is amended to Make the following natural persons Insureds. If the additional insured is: a. An individual,then his or her spouse is an Insured; b. A partnership or joint venture,them its partners,members and their spouses are Insureds; c. A limited liability company,then its members and managers are Insureds;or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers; directors and shareholders are Insureds; CNA7485OXX(1-15) Polley No: 6045740089 Page 4 of 18 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/23/2019 Insured Name:LANDRUM a BROWN, INC. C4pftM cNA An Rights Raeemed. &xdudes Copyrighted nateM of Ihsu►an=st►h**s onus,Inc.,WM its pom esion. CNA PARAMOUNT CAM Architects, Engineers:and Surveyors General Liability Extension Endorsement Put only with respect to locations and:operations covered by the,additional insured endorsements provisions,and only with respect to their respective roles within their.organizations. Please see, the. ESTATES;, LEGAL REPRESENTATIVIES,. AND SPOUSES :provision of this endorsement far addifional coverage and restrictions applicable to spouses of natural persan Insureds. 4. BOATS Under COVERAGES, Coverage. A. Bodily Injury And Property Damage Llabflity„ the paragraph entitled Excfuslbns is amended to add the following additional .exception to the excluslon entitled Aircraft, Auto or Watercraft. This`excluslon does not apply'to: Any watercraft.owned by the Flamed insured that is less than 30'feet long while being used in the course.of the Named IhMAred's inspection or surveying work. 5.: BODILY INJURY.—EXPANDED DEFINITION Under DEFINITIONS,the defiNtion othodlly Injury Is:deleted and replsced bythe following: Bodily Injury means physical injury,sickness.or disease sustained by a person, Including death,humiliation,shock mental anguish or mental:lnjurysustained by that person at any time which results as conseq;a uenga of the physical injury„sidkness.or dl"sease.. 6. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF.CICCURAENCE Under CONDITIONS,the conditiowontitled Outlas In The Event of Occurrence,Offense,.Claim or Suit Is amended to add the fallowing provisions: A. BROAD KNOWLEIJGEOF OCCURRENCE The Named Insured must give the Insurer or the.:Insurer's authorized rapresentative notloe of an occurrence, offense or clafm,only when the Occurrence,offense or ela lm Is known to a natural person Named insured,to a partner,:oxecutive.officer, manager or member of a Nanned insured;or to an employe+a designated by any of the: above to:give such notice. 'B. NOTICE-OF'OCCURRENCE The Named Insured's rights under this:Coveraga Paark will not be.projudicedlf'the Named Insured fails to give. the insurer notice of an ccaurrencp,'offanse or olalrn and that,failure is solely due to'the Named tnaured's the Named belief that the bodily`injury or property damage is not covered under this Capertagir.Part>However,, tmed lnsmod shall give written notice of such occurrence, offense or claim to the.insurer as soon as the Named Insured is aware that this Insurance may apply'to such occurr**d,offense or clallnt. 7. BROAD.NAMED INSURED, WHO IS AN INSURED is amended to delete Its Paragraph.$.in Its entirety,and replace it with the toilowing i. 3. Pursuant to the limitatiotis described in Paragraph 4. below, any organization in which a Named Insured has management epritrol A. on the effective date of.this Coverage .Part;or b. by reason of a Named losurred creating or acquiring.the:organtzation::during fhe policy period; quailfiss as a Named linl rea, provided that there is no"other similar liability Insurance; whether. primary; MW contributory.,excess,contingent or otherwise,which provides coverage to such organization,or which would have DIVA #858X)E(1_ b) Policy-Nm 604574008.4 Page 5 of 18 Endorsement No:. 5 The CoAtinental Insurance to. Effective Date; 01/23/2019 Insured Name:LAINDRUM & BR.OWN INC'. GDpydghtCNA AN%his ReWMd. Mckldes:copy0ghted matedet or Inwrance SerVk:es Otttoe.Inc..with b.petuft*n. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership,limited liability company or joint venture;or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Pant. For the purpose of this provision,management control means: A. owning interests representing more than 5Wa of the voting, appointment or designation power for the selection of a majority of the Board of pirectors of a corporation;or B. having the right,pursuant to a written trust agreement,to protect,control the use of, encumber or transfer or sell property held by a trust, 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above,this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases;nor b. personal or advertising Injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The Insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba)as any Named insured should choose to employ. 8. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of insured contraet Is replaced by the following: Insured CotMract means: a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured coetraot; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; L That part of any other contract or agreement pertaining to the Named Insured's business (Including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liabiitty of another party to pay for bodily Injury or property damage to a third person or organization. Tort liability means a liability that would be Imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement; CNA7485=(1-15) Policy No: $045740089 Page ra of 18 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/23/2019 Insured Name:LANDRUM & BROWN, INC. Copyright CNA All Rights Reserved. Imfudes oWighfed metedel of Insurance Services Oltiae,ft,,with Its per"ission. CNA PARAMOUNT MA Architects, Engineers and Surveyors General.Liability Extension Endorsement (1) That Indemnifies an.archltect,engineer,or surveyor for injury or damage arising out of: (a) Preparing, approving or tailing to prepare or approve map s,q shop drawings; opinions, reports, surveys, Pell orders,,change ordors or drawings_and spepiflcatlons;or (b) Giving directions or Instructions,:or failing:to give them, if that Is,:the primary cause of the injury or damage; (2) Under which the Insured, ff an architect, engineer::or surveyor, assumes liability for an Injury or damage arising out of the insureds rendering or.failure to:render professional:services, including those listed in (1) above and supervisory,Inspection,architectural.or engineering.activites, 9. .ESTATES,1EQAL REPRESENTATIVES;AND SPOUSES The>esta1eS; executors,, heirs, legal representatives,. administrators; trustees, beneficiaries. and spouses,.of any natural person.Insured or living trust snail also be insured under this policy;,provided, however,coverage Is afforded #o su,h estAtes, executors Heirs, legal representatives, administrators,:trustees, beneficiaries and spouses only for claims arising solely nut of(heir capacity or.status as such and, in rile case of a spouse,.where such chdir" seeks damages from marital community property; jointly held property, or property transferred from such natural person lrtsured to such spouse, :No coverage is provided for any act; error or omission of an "estate, halt, legal teproserttativa,or spouse outside the scope of such person's capacity or status as such, provided,however;that the spouse.of a natural person Named insured,and the spouses of members or partners of joint venture or partnership Named Insureds are lnaurceds with:respect.to such spouses'.acts,.anors 0 gmissiohis in the conduct of the Ndnlod Insured's business, tb. EXPECTED OR INTENDED INJURY—EXIGERTION FOR REASONABI.E.,MICE itl Under COVERAGES, Coverage. A = Bodgy Injury And Property` Damage! Liablftky; the paragraph entitled.. 0 Eitefusions is anieniled to delete the exclusion entitled=Parpoe. w err Intended Injury and repladS It with the fotfowirtg 0 b. This insurance does not apply to;: Expfected.or intended In jury Bodily Injury or property damage expected:or intended from the standpoint of the Insured;This exclusion does not apply to bodily Injury or property carnage resulfing:from:the use of reasonable force t;y prdtect pars.one or property. 1 I.,GENEAAI:AtiQREGATE UMrFS OF INSURANCE: PER LOICATION. A. Asaparata location Qerieral Aggregate Limit;equal to the amount of the General'Aggregate Limit,is the mos t the Insurer will pay for the sure;of: 1. Ali dam>ag".under Coverage A,except+danii e"&because.ot bcdi.Iyr Injury or properly damage included.in the°products-completed operations hazard;and 1� 2. All.medical expenses under Coverage C, that arise from cccunrences or accidents which can:tie attributed solely to ongoing operations at that location. Such payments shall not reduce the General-Aggregate Limit shown in Dsclaratlons;nor the Location General Aggregate Limit of:any other location. B: Alit 1. Damages under.Cpyeraga B,regardless ofithe numberof locations involved; GNA74558)0((1.15) Policy No: 6045740099 Page 7:of 18 Endorsement.No: $ The Continental Insurance Co... Effective Date:01/23/2019 Insured Name:LANDRUM & BROWN, INC. <C0PYd9ht CNA All Rlghls:86"rved. Uxludss oopy�led.m@twal or Insuterice Servk es OfNce,.inc.;with its pemtistion. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverages A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damages included in the products-completed operations hazard;and 3. Medical expenses under Coverages C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, 'location'means: 1. a premises the Named Insured owns or rents;or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables,the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of Insurance, premises involving the same or connecting lots, or premises whose connection Is interrupted only by a street, roadway,waterway or right-of-way of a railroad shall be considered a single location; D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit,depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-c mpiaW operations ha=erd is provided, any payments for damages because of bodily injury or property damage included in the products-c*mpieted operations haarzard, regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE-PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured,will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to beadily injury that arises out of a health care Incident: A. Under COVERAGES,Coverage A—Bodily Injury And Property Damage Liability,the Insuring Agreement Is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insureds primary business purpose,and only If: (1) such bodily Injury Is caused by an occurrence that takes place in the coverage territory. (2) the bodily Injury first occurs during the policy period. All bodily Injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX(IA5) Policy No: 6045740089 Page 8 of 18 Endorsement No: 5 The Continental insurance Co. Effective Date: 01/23/2019 Insured Name:LANDRum & BROWN, INC. COPYright CNA All FUghts reesmed, tncWdes copYetghted material of rnwtansa services ott &,Inc.,with its permission. CNA.PARAMOUNT OVA. Architects, Engineer and'Surveyors Geft. tal Liability Extension Endorsement 13, Under COVERAGE$,. Coverage A — Bodily injury And Property Damage Liability, the. paragraph entitled Exciuglone is amended to; L acid the following to the Cinpioyertt Liabliity.exclusion This exclusion applies:only if the WHY injury arising from a houllh care incident is covered by rather liability insurance available to the Insured(or which would have:been available but for exhaustion of Its If. delete the e)(clusiomentitled0ontractual Livability and replace itwith-the following:. This insurance does notapplyto- Cor►iiractuat.Liebility the lrisured's actual or alleged liability under any oral or written contract:of agream.an including but riot limited.to express;warranties or guarantees. III, to add;the following additional exclusions: .This insurance does not apply to: Disorf urination ..any actual:or alleged discrimination, humiliation or harassment, including but not be lien'it ied to claims based .on An individuai's,race, creed, cdlor.,.Age,:gender, national origin, religion, disabilitlr, marital status or sexual orientation. Dishonesty or Crime 0 Any actual or alleged`dishioriest,crinaklal or malicidus'act,.errpr`or omission. Modicare/Medicald Fraud, any actual or alleged violation of law with respect to Medicare, Medicaid;Tricare or any similar federal,state or local governmental program, 5ervi Excltided by Endmement h Any healthcare Incident!or wNch coverage is excluded by endorsement. C. DEFIN.IMNS is-amended to: k- add the.following definitions: ""Ith care incident means an act, error or omission by the.Named::Irtsured's:.emplayees or voiunteer workers in the.rendering-of: a. prohmionai heafth care ser "s on behalf of the Named Insured or b. Good Samaritan services rendered in.an:emergency and for which no payment.is demanded,or received. Professional health care.services means any health care services or the related famishing of food, beverages; medical supplies or appliances.by the following.provEders in their Capacity as such bui solely to the extent they are duly licensed as:required: a Physician, GNA7.48587C(('1-y5) Policy-fNo: so4s7400a9 Rage 9 of 18 Endorsement No:: 5 The <ronti:nabtal :i:nsuzange..Co. Effective:Date:01/23/2019 Insured Name: IANDRUK & BROWN, INC. 0Dpyr1CM:CNA AN fghls Aesewl, htulude3 GGPYkhWd rreferie{of ir>surariee.Seftes 0WAM,.Ific.,wPth Its permission. CNA GNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; j, Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Ckmaence moans a health two WMant.All acts,errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event,advice or decision will be considered to constitute a single occurrence; Ill. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employeWs employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and (2) bodily injury to a vokadeer worker while performing duties related to the conduct of the Named Insured's business; when such bodily Injury arises out of a health care Incident. the Named Insureti's vokmteer workers are Insureds with respect to: (1) bodily Injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business;and (2) bodily Injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a),(b),(c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in Its entirety and replace it with the following: Other Insurance CNA74858XX(1-15) Pollcy No: 6045740089 Page 10 of 18 Endorsement No: 5 The Continental. Insurance Co. Effective Date: 01/23/2019' Insured Name:LANDRUM & BROWN, INC. Copyright GNA All fflghts Reserved. Includes oopyrigMed m 0ft of Inuffam Servim Olflae,lac.,with lie peariadon. NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance {1} to the.extent.th[s insurance applies, It is.excess over.any other insurance;self insurance or risk transfer instrument,whether primary, excess, contingent or on any other basis; except for Insurance'purchased specifically by the•Named:insured to be excess of this coverage: 14, JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES A. Past Joint Ventures,Partnershipa..Limited Liability Companies The.foil wing,is added to WHO IS AN INSURED: It the Named Insured was. a joint venturer, partner, or member of 9:limited liability company and:such.joint venture, partnership or limited liability company terminated prior to or during the policy period,.such Tamed Insured is an Insured with respect to its interest in such Joint venture,partnership`or limited liability company but: only to`'the extent that; a. any offense,giving rise to-personal and advertlsing injury occurred_prior,to.such termination data; and the personal and advertising injury arising out of such.offenso,first occurred after such termination date; b. the bocii(y.injury or proptartydamage first.gccurred after suph termination date,and cw there is no other valid and.collectible_insurance purchased specifically to insure the pannersl fp,.Jointventure 'or,limited Itability company; If the jolhi venture, partnership or limited:liability company Is or was Insured under a consolidated(wrap-up) irllsurance program, then such Insurance will always be considered valid:and collectible for the purpose of paragraph o.above.But this provision will not sere;to exclude kioiily'Injury,Property damage.or pairoansl and advertisin' injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-LIP EXTENSION: OCIi', CCIP, OR: CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS, Please see that provision for'the definition of consolidated(wrap-up).nsurance.program B.. Partiicipation'llwCurrent Prpfcssioti61 joint Ventures The following is added to WHO IS AN INSURED:. N The.Named Insured is also an. insured for participation in a current joint venture that Is not named on the Declarations,but only;If such joint venture meets A of the following cnterla; a. Each and svery one of the Named Insured's,co-venturers are.-archNectural-e.ngihoorfng or surveying firms = ' only;and t=.. There is.no other valid and collectible Insurance purchased specifically to insure the joint venture, However,the Named ensured is an Insured onty for the conduct'61 such.Namted Insureds:business within such a.joint venture.The Named insured ls not Insured for liability.:arising out*f the:acts.or omissions of other co- venturers;nor of'their parfners members or employees. C, WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as. provided under this Arahillacts, Enginserw Arid Surveyors General E,ineral. Liability ens ion . FlndoraenneM or byths sttachthant of another ertdorsement(if any), no person or organization is an Insured with respect.to the conduct of any current:or past partnership, jolhil venture or limited,flability company that is net shown.as a Named insured in the Declarations. E� GNA74858)0('(1�16). Policy No. 60457400..09 Pao 11 of 18 Endorsement Nv. 5 The Continental nsuxanc.e .C9. Effective Date; 01/23/2019 insured Name:LANDRum & mow lac.. Copyright DIVA A9 Ri91*Ressrved; )MkXfes opPYfV ted.meter4sl of Inwarce SeMms Offim tnc.,WIN its penr ts*n. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES ! PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A. Under COVERAGES, Coverage A » Bodily Injury and Property Damage Lability, the paragraph entitled Exclusions is amended to delete exclusion 1.Damage to Property in its entirety and replace it with the following: This insurance does not apply to j. Damage to Property Property damage to: (1) property the Named Insured owns,rents,or occupies,including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, Including prevention of injury to a person or damage to anther's property; (2) Premises the Named Insured sells,gives away or abandons, If the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care,custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations,or (6) That particular part of any property that must be restored,repaired or replaced because your work was Incorrectly performed on it. Paragraphs(1),(3)and(4)of this exclusion do not apply to property damage(other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described In LIMITS OF INSURANCE. Paragraph(2)of this exclusion does not apply If the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs(3)and(4)of this exclusion do not apply to property damage to: 1. tools,or equipment the Named Insured borrows from others,nor €L other personal property of others In the Named Insured's care,custody or control while being used in the Named Ineurod's operations away from any Named Insured's premises, However,the coverage granted by this exception to Paragraphs(3)and(4)does not apply to: e. property at a job site awaiting or during such property's installation,fabrication,or erection; b, properly that is mobile equipment leased by an Insured; CNA7485OXX(1-15) Policy No: 6045740089 Page 12 of is Endorsement No: 5 The Continental Insurance Co. Effective Date: 101/23/2019 Insured Name:LANDRUM & BROWN, INC. Copyright CNA Aff RW to PWwr ed. ihdudes copyrighted World!of Insurance services office.Inc.,with RB pemission. Q ;CNA PARAMOUNT CN Architect$;.Enginteers and Surveyors General Liability Extension Endorsornent c. property that:Is an auk,aircraft or watercraft; .d. property In.transit;or a. any portion of., property damage #or;which the insured has available. other valid and collectible insurance,or would:have such Insurance but for.exhaustion.of its limits.,or but for application of ono of its; exclusions. Ai separate limit of.insurance and deductible apply to such property of others,:See LIMITS QF.INSORANCE as:arnended below.. B. Under COVERAGES, Coverage A Bod6y Injury;and property Damage Liability, the paragraph entitled Exclusions Is amended"to'delete its last paragraph and replace it with the:following: Exclusions c through n. do not apply to.damage by fire to premises while: rented to a.Named Insured or. temporarily occupied by a Maimed insured with psrmis$lon of the owner,- nor:toe damage to the contents of premises`rented to a Named Insured for a'period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMBS OF INSURANCE. C. The following:paragraph'is added to LIMITS OF INSURANCE: Subject.to:5.above, $25.600 is:the most the insurer will pay under Coverage.A for:damages arising put of:any one occurrence because of the sum of all property damage to. borrowed tools or equipment, and to other personal.property of',others.in.the Named insured's care, custody or control, while.beirFg used m the-Named, Insured's operations away.from any Named'insu+rod's:.premises.The lrtsurer's obhgailon to pay such properly damage does-not apply until the amount of such property damage exdeeds$1;ObO The insurer""has the right 6 o oat the duty to pay any portion of this$y.;0p0 in order to effect settlement ft the Insurer exercises that right; the Nomad Inaured.will prpmptly reimburse the losurer for any such amaurit.: O D. Paragraph t., Damage To:Premises:Rented;To You.Limit,.of.LIMITS OF INSURANCE ls.deleted and replaced by the tolCowing: 8: S*ect W Paragraph 6.above,(the Each Occurrence Limit),,the Damage To Premises Rented To You Limit Is the most the Insurer will pay under Coverage A for damages becauss of pwoperty danago,to any one, premises whilel rented to the Named Insured or temporarily occupied by the Named insured with the- permission of the owner, incl"u,ding:conterits:of such premisaa rented to the N,.amed.insured for.a, period of'7 or fewer.consecutive days:The Damage To Premises Rented To You Limit is the greater of: a. $500,000;or b. The Damage To Premises Rented To You Limit shown in the Declarations., E. P4ragroph.4.b.(1XaI(Ii).of the Other Insurance Condition is deleted and replaced bythe following: (ID, That Is property Insurance for promises ranted to the Named insured,for.premises temporarily occupied by the Named Insured with.the permission of the owner;; or for personal property of others in the Named insured's care,custody or control; 16. LIQUOR LIABILITY Under COVERAGES# Coverage. A - Bodily "Jury and Property Damage Labiliiy,. the, paragraph entitled ns Excholo is amended to delete the exclusion entltled Liquor Liability. !his:LIQUOR LiABILITY Provision duds not apply to any person or organization who otherwise qualifies as an 0 additional insured:on this Coverage Part: CNA74858XX 0-15): Poky Noi 6,0457:40080 Paolo of 18 Endorsement Nos 5: The eontinen.tal Insurance Co,. Effective Date:: 01/23/2019 insured Name:1"bRtik & PROWN, INC. CO"I9t "Ap Flights F3aserved. Indudes copyrighted nrat.wW al Insurance SanAces-Otte,tna.;with Its penriisslon. CNA CNA PARAMOUNT �1r Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7.(the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 6, above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily Injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $16,000 unless a different amount is shown here. $N,NNN,NNN,NNN: or (2) the amount shown In the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverages C — Medical Payments is amended to replace Paragraph 1.s.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Llabillty, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft Is amended to add the following; This exclusion does not apply to an aircraft not owned by any Nang Insured,provided that: 1. the pilot in command holds a currently effective certificate Issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained,paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace It with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured,provided the watercraft is: (a) less than 75 feet long;and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advtertlafng injury is amended to add the following tort: Discrimination or humillation that results In injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advartlsing Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX(1-15) Pollcy No: 6045740089 Page 14 of 18 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/23/2019 Insured Name:LANI)RUM & BROWN, INC. Copyright CNA All Bights riesenred, includes copyrighted material of Inauranoe SeMces 00W,ft.,Ndlh its penwssion. CNA,PARAMOUNT Architects, En glineers tnd Surveyors General Liability Extension Endorsement This Insurance does not apply to Knowing Violation of Rights of Another Personal and Iadvertlaing injury caused by or at the direction:of'the insured with the knowledge that the act would violate the rights of another and would infiic#peraonaj and acitrertis .ijulry;This exclusion shall not apply to discrimination or humiliation that rosults in injury to:thie feelings orreputatton.o#anatural person, but only'if such.discrimination or humiliation Is not done intentionally by or at of (a) the Named Insured;or (pl any executive.officer,:director; stockholder, partner; member or manager'(if.the Named Insured is a limited liability company)of the Named Insured. 2. add the:following exclusions: This insurance does not.apply to: Employment Related Discrimination discrimination:or humiliation directly:or:indirectly-related to the:,employmentt, prospective employment, past employment or termination of.employment.of any person by any Insured. Premises.Related t 1*e.unf nation discrimination or humiliation arising out of the sale,.rental; lease or sub-lease.or prospective sale,_rental;. lease or'sub-lease of any room,dwelling or premises by or at.the dire of any.insured. Notwithstanding the above; there.Is no coverage for fines or penalties levied.or imposed by'a governmental entity becausti-of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY-DISCRIMINATION OR HUMILIA71ON Orovision does not apply to any person or organization whose status as on Insuredi dariveS solely from Provision 1.ADDITIONAL INSURED of this endorsement;or attachment of an.additional,insured endorsement;to this C.overage Palrt. m 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES; Coverage- 0 -Personal acid Advertising Injury Llablli[y, the paragraph entitled p Exclusions is amended to delete the exclusion:errtitled ContraduaE Liability. S.. ,Solely for the purpose of the coverage provided by this.PERSONAL AND ADVERTISING INJURY- LIMITED .CONTRACTUAL. LIA$ULITY provision, . the following changes_ =are made: to the section entitled SUPPLEMENTARY PAYMENTS..COVERAGES A AND'B. 1. Paragraph 2.d.is,.replacad by the following: cI. The allegations in.:the:au..It and'the Information the Insurer knows about the offense alleged in suchsu It are:such.that no conflict aippests to exist between the Interests.of the Insured and the.Interests of the indemnit��; —�= 2. Tho.first unnumbered:parograph beneath Paragraph 21(2)(b)is deleted and replaced by the following: t� So long as tl�ie above conditions are met, attorneys:fees incurred by the Insurer in the defense of that indemnitee,necessary litigation expenses ineurrad by the Insurer,and necessary litigation oxprnses incurred CNA74858XX(:1=1.a) pollcy No: 6045740089 Page:Is of 18 Endorsement.No:. 5 The Continental Insurance Co.. Effective Date: 01/231/2019 Insured Name:LANDRUM a BROWN, INC. Copyright,CNA All kk la Renewed: liuludes wpfthWd of WIN 01 Irmmme Services 000.Inc.,wkh Ny,petm"10ft. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs.Such payments will not be deemed to be damages for personal and advertising Injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY-LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING, INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damages Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs(3), (4)and(ts)of the Damage to Property Exclusion do not apply to properly damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE-. ELEVATORS Provision, the Other Insurance conditions Is amended to add the following paragraph: This insurance Is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 2a RETIRED PARTNERS,MEMBERS,DIRECTORS AND EMPLOYEES WHO IS INSURED Is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunUor workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b.is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B. Paragraph t.d. Is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000.limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations;or 2. your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery In a written contract or written agreement,and only if such contract or agreement: CNA74858XX(1-15) Policy No: 6045740089 Page 16 of 18 Endorsement No: 5 The Continental Insurance Co. Effective mate: 01/23/2019 Insured Name:LANDRUM & BROWN, INC. Copydght CNA AH Rights Reserved. Includes copyrighted materiel of Insurance services otllee,Inc.,vft Its perrn isefon, NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or becomes effective-during the term of-this Coverage Wart;and 2. was executed prior loth bodilyr ittfury, prgperty damage or personal and advertising injury giving.rise to.tha eiaim. 7, WRAP-UP EXTENSION:QCIP,CCiP;.08 CONSOLIDATED(WRAP;.UP)INSURANCE PROGRAMS Note::The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project In the state, of Alaska., that is not permitted to be Insured tinder a consoliidated (Wrap-up) insurance program by.app'kable state statute or regulation. If the endorsement:EXCWSION.7.CONSTRUCTION 'WRAP-UP is attached to this:policy, or another.exclusliirSM endorsement. pertaining to owner :Controlled insurance Programs (04.1.f .) or Contractor Controlled.:insurance .Programs(C:G,t.P).is attached;then tha.foilowing changes apply:; A. The following,wording is added to the above-'referenced endorsement; With respect to a consolidated.(Wrap-up)insurance program project in which the Named Insured Is or was involved;this exclusion does not'apply to:those surns the Named insured become legally obligated to pay as damages because of, 1,,. Bodily injury,prflperty damage,or personal or adyertisir;p Injury that occurs during the Named Insured's ongoing operations:at the project; or during such operations of anyone acting,on the Named Insured's behalf;nor - 7. Bodily lnjlury or property damage inctuded'withirt the products�comptete+t operations haaar that arlses out`0 those:portions of the project that are rro{rest eniinl structures: B: Condition 4.Other insurance is amended to and the following.subparagraph a.b.(1)(q): a This lns.urance is excess over;: (c) Any of the other insurance Whether primary,excess;contingent or any other'basis that Is Insurance available to the Natir*4I MnstwW as a result of the Named insured being a participant in a_coWIWated(wrap-up) Q Insurance progratmj brit only as respects ttiei Named insore0a involvement in that cppsolmsted:(wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated(Wrap-up)Insurance program means$'construction; erection or demallfion project for which the prime_contractor/project manager or owner of the coristructiotr project has secured general.liability insurance covering some or ail of the coritracto'rs or subcontractors involved in the project,,such a$an Owner Controlled insurance Program(0.10.I P:)'or`Contractor Controlled Insurance Program(C.C.I. .). Residential stricture means any structure where 39%or more of the square foot area Is used or is intended to be used for human residency,includin'9. but not limited.to: 1. single or multifamily housing, apartments;. condominiums; townhouses,; co-operativas or planned unit developments;and 2. the common areas and structures appurtenant to thes structures in paragraph 1. (including pools, hot tubs; detached garages,guest houses_or any similar structures). However,when"there is no individual ownership of units,rtraldantial structure daes:notinclude military housing, collegeluniverslty housing or dormitories,long term care facilities, hotels or motels. "ISSMstrtfal structure also does riot inciuds hospitals or prisons. CNA74.858XX.(iwi5) Policy, 1Vos :6o457do,0ag Page 17 of 1.8 Endorsement No; 5 The Continental -Insurance Co. Effective Date:. .01/23/2019 Insured Name UNDRtrrt & BROWN., INC:. copyright CNA All flights R®served. Ir cKWea capyr*t0d fmteda1 of Ineuranm Semms oNtce,Inc.,with Its pomtesion. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualities as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy, CNA74858XX(1-15) Policy No: 6045740089 Page 18 of 18 Endorsement No: 5 The Continental Insurance Co. Effective Date: 01/23/2019 Insured Name:LANDRUM & BROWN, INC. Copyright CNA All flights"Md. Includes copyrighted rnetedal of Inswance Services Office,Inc.,with Its permisalon. Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of Huntington Beach and our officers,elected or appointed officials, agents and volunteers', 2000 Main Street, First Floor, Huntington Beach CA 92648 Locations Of Covered Operations As covered by written contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. It is understood and agreed as follows: A. Section li—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured, B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 2010(04-13) Policy No: 6045789230 Page 1 of 2 Endorsement No: Effective Date: 01/01/19 Insured Name:ZENITH SYSTEMS LLC Copyright Insurance Services Office, Inc.,2012 %� Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement 2. 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. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10(04-13) Policy No: 6045789230 Page 2 of 2 Endorsement No: Effective Date: 01/01/19 Insured Name:ZENITH SYSTEMS LLC Copyright Insurance Services Office, Inc., 2012 CNA Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of Huntington Beach and our officers, elected or appointed officials,agents and volunteers',2000 Main Street, First Floor, Huntington Beach CA 92648 Location And Description Of Completed Operations As covered by written contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. It is understood and agreed as follows: A. Section II--Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for bodily Injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. if coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following is added to Section Ill—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or CG 20 37(04-13) Policy No: 6045789230 Page 1 of 2 Endorsement No: Effective Date: 01/01/19 Insured Name:ZENITH SYSTEMS LLC Copyright Insurance Services Office, Inc., 2012 CHA Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37(04-13) Policy No: 6045789230 Page 2 of 2 Endorsement No: Effective Date: 01/01/19 Insured Name:ZENITH SYSTEMS LLC Copyright Insurance Services Office, Inc.,2012 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 10, 2019 Landrum & Brown Attn: Christian Valdes 19700 Fairchild Rd., Suite 230 Irvine, CA 92612 Dear Mr. Valdes: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and Landrum & Brown for Aircraft Glide Slope Analysis" approved by the Huntington Beach City Council on July 1, 2019. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand CITY OF HUNTINGTON BEACH Professional Service Approval Form r PART I v RECEIVED Date: 6/24/2019 Project Manager Name: Antonia Graham JUN 24 2019 Requested by Name if different from Project Manager: Department: City Manager Finance Department PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: The City is in need of a consultant to conduct a noise study and glide slope analysis in order to work with the FAA and the Long Beach Airport to change the arrival path into the airport to alleviate the noise over the City. 2) Estimated cost of the services being sought: $ 50,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b)—Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No Fiscal Services Manager Signature (Purchasing Approval) ate 6) Amount, Business Unit(8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 10030101.69365 $50000 $ $ $ a udget Approval � Date Department Head Signature(s) Date C of Financial Officer Signature Date Assistant City Manager's Signature D t APPROVED DENIED ❑ c-. City Manager's Sign ure Date part 1 landrum and brown REV: February 2015 CITY OF HUNTINGTON BEACH RECEIVED - Professional Service Approval Form JUN 24 2019 4 „ PART 11 Fipgrlpanepartment Date: 6/24/2019 Project Manager: Antonia Graham Requested by Name if different from Project Manager: - Department: City Manager PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART 1 & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Landrum & Brown 2) Contract Number: ADM (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 10030101.69365 $48,370 $0 $0 $0 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over$100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Department Head Date,(, Fiscal Services Manager(Purchasing) Date ati � u C Budget Mana r Approval Signature Dale Chief Fi ancial icer(or designee) Signature ate tripepi smith part 2 PROFESSIONAL SERVICES FISCAL YEAR 2019/20 City Manager Current PSA Balance: $104,297 impact to Future Years Date Description Amount Notes FY 19/20 FY 20/21 FY 21122 Professional services including governmental membership,state and federal consulting/lobbying services,financial consulting,graphic services,legal services,demographic research, management/organization efficiency studies and other consulting and professional services related to business development,real estate services,public information,marketing,sustainability,and regulatory 7/1/2019 agency compliance,and other administrative and professional services related to the functions of municipal governance;economic analysis,real estate services(including but not limited to appraisals,right-of- way services,acquisitions,title reporting,etc.),parking consulting,engineering services,homeless services, CUBG/HOME consulting,inspection services,website services,site selection services and other related professional services. $404.667 Total PSA $ 404,667 Total Contract Date I Description I Amount Value Notes FY 20/21 FY 21/22 FY 22 223 7/1/2019 Townsend Public Affairs 60,000 195,000 60,000 7/1/2019 Novak Consulting 50,000 100,000 7/1/2019 PCTA Video Production Srvcs 50,000 150,000 50,000 50,000 7/1/2019 On-Call Broadast Programming Services 50,000 50,000 7/1/2019 Brutzkus Guber Rozansky Seror Weber LLP 30,000 60,000 7/1/2019 Air Traffic Consultant P#1 12,000 12,000 7/1/2019 Landrum&Brown 48,370 48,370 Total Value $ 300,370 Balance $ 104,297