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HomeMy WebLinkAboutAtkins North America Inc. dba Faithful + Gould - 2021-01-15 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ATKINS NORTH AMERICA INC. dba FAITHFUL+GOULD FOR FACILITIES CONDITION ASSESSMENT THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "CITY,"and FAITHFUL+GOULD a Florida Corporation,hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated January 15, 2021 entitled"Professional Services Contract Between the City of Huntington Beach and Atkins North America Inc. dba Faithful + Gould, for Facilities Condition Assessment'which agreement shall hereinafter be referred to as the"Original Agreement,"and CITY and CONSULTANT wish to amend the Original Agreement to increase the amount of compensation to be paid to CONSULTANT; NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Six Thousand Two Hundred Thirty Nine Dollars (S6,239). The additional sum shall be added to the original sum of Twenty Three Thousand Seven Hundred Forty Dollars($23,740), for a new contract amount not to exceed Twenty Nine Thousand Nine Hundred Seventy Nine Dollars ($29,979). 21-9343/245848 1 2. REAFFIRMATION Except as specifically modified herein,all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their authorized officers on 2021. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Faithful +Gould California By: __r Di or/Chief 73 6 oyy M I..EOIV►=12j0 !Pursuant To HBMC§3. pfO1tcone APPROVED AS TO FORM: ITS: (cede one)ChihmtNPresidrn 'itx President AND By:__ City Atto ey prim - - — Date ITS: (dale core)Srr ewy/chief FjnwxW Otricer/Ant. RECEIVE AND FILE: Secrttery—Tmesmer �&y 4d*� City Clerk Date 21-9343245848 2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ATKINS NORTH AMERICA INC. dba FAITHFUL+GOULD FOR FACILITIES CONDITION ASSESSMENT 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 Atkins North America Inc. dba Faithful+Gould, a State of Florida Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform a condition assessment on selected City facilities; 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 Dean Leonard who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professionalsvcs to$49 05/19-204132 1 of 12 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on �/7 , 2021 (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 twenty-three-thousand seven-hundred forty Dollars ($23,740). 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 extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/surfnet/professional svcs to$49 05/19-204132 2 of 12 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any)negligent(or alleged negligent)performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are 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: agree/surfnet/professional svcs to$49 05/19-204132 3 of 12 "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. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however an insurance agree/surfnet/professional Svcs to$49 05/19-204132 4 of 12 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 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; agree/surfnet/professional Svcs to$49 05/19-204132 5 of 12 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, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by agree/surfnet/professional svcs to$49 05/19-204132 6 of 12 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. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 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. agree/surfnet/professional svcs to$49 05/19-204132 7 of 12 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 Dean Leonard ATTN: Sean Crumby Atkins North America Inc. 2000 Main Street dba Faithful+Gould Huntington Beach, CA 92648 3780 Kilroy Airport Way Long Beach, CA 90806 480-286-5705 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any agree/surfnet/professionalsvcs to$49 05/19-204132 8 of 12 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. 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 agree/surfnet/profession al svcs to$49 05/19-204132 9 of 12 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 bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity agree/surfnet/professionalsvcs to$49 05/19-204132 10 of 12 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. 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. agree/surfnet/professional sves to$49 05/19-204132 11 of 12 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Atkins North America Inc. California dba Faithful+Gould Dire or/Chief BY (Pursuant To HBMC§3.03.l00) Z�Ly4lY �+i1 LoN�� APPROVED AS TO FORM: print name ITS: (circle one)Chairman/Presidcn ice!'resident AND By: 3 T City At orne jkW Date print name RECEIVE AND FILE: ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer City Clerk Date � ,7 agree/surfnet/professional Svcs to S49 05/19-204132 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Perform a facility condition assessment at the Civic Center, PD Headquarters, Lake Fire Station and the Don Kaiser Maintenance Yard B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Establish baseline asset inventory and important management information or features of the assets 2. Establish meaningful baseline data about asset conditions through a detailed, structured assessment process 3. Estimate short- and long-range asset renewal needs over the next 20 years using the data obtained from actual field analysis 4. Utilize decision-support models to determine priorities and alternate reinvestment rates to obtain desired asset conditions 5. Communicate the asset condition and impact on mission support to governing boards, senior management and line management responsible for maintaining the portfolio C. CITY'S DUTIES AND RESPONSIBILITIES: Provide consultant with any available record drawings of the four facilities and assist consultant as needed. D. WORK PROGRAM/PROJECT SCHEDULE: Work to be completed six (6) months from the commencement date. 1 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I. 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 ® DATE(MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 0110612021 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 pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. E� PHONE FAX i TWO ALLIANCE CENTER AIC No): 3560 LENOX ROAD,SUITE 2400 E WAIL ATLANTA,GA 30326 ADDRESS: INSURERS AFFORDING COVERAGE NAICl1 CN102421774-A1kin-GAWE-20.21 NOG INSURER A:Zurich American Insurance Company 16535 INSURED Atkins North America,Inc. INSURER B:American Guarantee&Halbillty Ins Cc 26247 I OBA:Faithfui+Gould INSURER C:National Union Flre Ins Co.of Pillsbur PA 19445 4030 West Boy Scout Blvd.Ste.700 INSURER D Tampa,FL 33607.5713 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: ATL-00520369Rl REVISION NUMBER: 10 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. INSR ADULSURR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MMIDD MfDD A X COMMERCIAL GENERAL LIABILITY GLOM37576-06 1011512020 1 Ott 512021 EACH OCCURRENCE $ 2,000,000 DAMAGE TO CLAIMS-MADE a OCCUR PREMISES Ea occu ence $ 1,000,000 MED EXP(Anyone person) $ 60'000 PERSONAL&AOV INJURY $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 X POLICY❑PRO ❑LOC PRODUCTS-COMP/OPAGG $ 4,000,000 JECT OTHER: S A AUTOMOBILE LIABILITY BAP0137575-06 1011512020 10115/2021 COMBINEDSINGLE LIMIT $ 20DO00 Ea accident IXX ANY AUTO BODILY INJURY(Per person) $ I OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per acGdenl $ i X UMBRELLALIAS X OCCUR AU09304209.18 10/15/2020 10/15/2021 EACH OCCURRENCE S 1,000,000 I EXCESS LIAB CLAIMS-MADE APPROVED A5 TO F()f m AGGREGATE $ 1,000,000 DED RETENTION$ S A WORKERS COMPENSATION WC013147.7-06 fl 10/15021 X PER OTH- AND EMPLOYERS'LIABILITY Y f N MICHA L E E STATUTE ER 1 ANYPROPRIETORfPARTNERIEXECUTIVE E.L.EACH ACCIDENT S 1 000,050 000,000 OFFICERIMEMSEREXCLIJ a NIA CITY ATTORNEY (Mandatory In NH) CITY OF HUNTTNGTON B ACH E.L.DISEASE-EA EMPLOYEE $ If qes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liability 15808715 04130 020 04130/2021 Limit:Per Claim 1,000,000 (claims made policy) (See additional page) Annual Aggregate: 11000,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES(ACORO tot,Additional Remarks Schedule,may be attached If more space Is required) Re:Resolution No.2007-3;Facility Condition Assessment City of Huntington Beach is Included as additional insured where required by wrillen contract with respect to general liability and auto liability coverages.Waiverof subrogation is applicable where required by waten i contract and suNect to policy terms and conditions. i I I CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN i Hunlinglon Beach,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukher)ee _MVL-L�u .- ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: M02421774 _ LOC#: Atlanta ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,INC. Atkins North America,Inc. DBA:Faithful+Gould POLICY NUMBER 4030 West Boy Scout Blvd.Ste.700 Tampa,FL 33607-5713 CARRIER NAIC CODE ' EFFECT" DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Professional Liability: Professional Uabiity placement was made by Marsh Canada Marsh USA has only acted in the role of a consultant to the cfierd with respect to the placement,whleh Is IntIcated here for your convenience. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Blanket Notification to Others of Cancellation ZURiCH� or Non-Renewal Piilicy No. Eff.Date of Pql. Exp:D.up orpol., Efr Dafe ofEcid.. Producer No. Addl.,Prem Rcluru Prom, BAP.0137575-06 1.011512020, 10/15/2021 1 10232000- INCL THIS ENDORSEMENT CHANGES THE POLicy. PLEASE READ IT CAREFULLY. This:endorsement modifies insurance provided under the-.. Cw*nmaeclai Automobile Coverage Part, A. If we cancel:.or non-_renew this Coverage Part by.written.notice:to.the:8rst Named Insured,we. will mail or delayer. notification that such Coverage Part.has been cancelled or non-renewed to each person or organization shown in a list.. provided to us by the,first Named Insured if you:are.required by written contact or written agreement to.provide such notification. However,such notificatlon-will riot be m.alied or delivered If a conditional notice of�renewal has,b:Pen sent to the first Named:Insured. Such listt ii Must be.provided to us prior to cancellation or non-renewal; 2: Must contain the names .and addresses of only the persons:'or organizations requiring notification that:such. .Coverage Part has been cancelled or non renewed;and 3. Must be In an electfonc format that.is,acceptable to.U.S. B. Our notification as described:In Paragraph A. of this endorsement wiil,be based on the most recent iist.1n.our.records as'of the data the notice of cancellation or non:renewal Is:malled or deWered to the first Named Insured. We will mail or deliver such notification to.each person.or organization shown In'the list: 1. Within seven days.of.the effect lve date of ths.notice of canoellation,.if we.cancel for non-payment of peemium;.or 2 AtJeast,36 days prior.to the effective date.of:: d. Cancellation,_if cancelled for any;reason other than'nonpaynierit of premium; or b. Noii4enewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described In IParagraphs A.and B. of this endorsement is intended.as a courtesy; only., Our failure to provide such mailing or delivery.will not: 1. aterid the.Coverage Part cancellation or non-renewal date.; 2; Negate the cancellation or non-renewal;or. 1 Provide any additional.insurance that would hot have been provided In the absence of this;endorsement. m We are not responsible for the accuracy, Integrity, tirneiine$6 and_Validity of Information contained In the list`proyided to:us.as described In Paragraphs A.and:B.of thls endorsement.. All other terms and conditions of thl§ policy remain unchanged: u-CA'=832-A GW:(01/1:3) Page T of 1 includes copyrighted material of insurance Services Office, Inc.,with its permission,. Blanket Notification to Qthers of Cancellation ORICH10 or Non-Renewal THIS ENDORSEMENTCHANOMTHE.POt_ICY. PLEASE READIT CAREPKLY.. Policy No:GLO 0137676=06 Effective Date: 10/15/2020. This endorsement applies o.Insurance provided.under tile: Commercial General Liability Coverage Part A, if we cancel.or non-renew this. go Part by written notice.to th.e first gamed Insured, we will mail or deliver notification that s'uc.h.Coyorago.Part,has,been cancelled or non-.renewed to each person:or organization shomm-in-a list provided to us by the first Named. Insured if you are.required by written contact or.written agreement_#o provide such notification. Such list:. 1. Must be provided to-Ijs.prior to'cancellation or n'on-renewal; 2. Must:contain the names and addresses of only: the persons or organiza.tions:Cequiring notification that such Coverage Part has been cancelled.or non-renewed;;and: 3: Must be In:an electronic format that:is acceptable'to us.: D. Our notification:as described In Paragraph A.of this,endorsement will be.based on the.most recent list In our.records as.of the date the-notice of cancellation'or non-renewal is.mailed ar:delivered to the first'Named..Insured. .INe will mall o.rdelNer.such notiflcotion-to.each person or organization.-shown.in the:llst. C_ Within 10 days of the effective date-of the.notice of canceNatlon,if we cancel for non payment of:prertilum;or 2. .At least 30-days prior to the effective date of; a. Cancellation,if.cancelldd tor.any reason.other than nonpayment of premium;.or. b. Non-renewal, but not Including:..conditlonal:notice:of renewal; uniess;a greater number of days is shown I the Schedule oIf this endorsement for the:mailing or delivering of such notification with respect to.Paragraph.B_;1.or,Paragreph.B 2.above C. Our malting or delivery of notification described in Paragraphs A:and Biel`tills'endorsement is intended as a.courtesy only. Our failure to provide such mailing or delivery willnoti 1: Pxtend the Coverage Part cancellation or non-renewai.date, 2: Negate the'cancellation or non renewal;of 3. Provide any`additional.insurance that would not have been provided i' he absence of this,endorsement, u-cL-1521-si.cw(01/19) Pagel of Includes copyrighted,material of tnsurance Services Office;.lnc.,with its permission;.., i D. We are not responsible for the accuracy, Integrity,timeliness and validity of,information contained in the iist provided to us:as:described in Paragraphs A;.and B.-of this endorsement. SCHEDULE I The total number of days for mailing or delivering with respect to Paragraph B.I.of this endorsement is amended to indicate,the following number of days:. The total number.of days for mailing or delivering with respect to Paragraph B.2,of this endorsement is amended to indicate the following number of days: i If a number'Is not shown here, 10 days continues to.apply. '*If.a ngmberis'not shown here,10 dajis,cor tI a to apply. All otheraerms and conditions of this policy remain unchanged. i i i I i 1 I .U-GL•1521-6 CW(01/19) Page 2 of 2 Includes copyrighted matedal,of Insuranoe Services Office,,Inc..;wlth.Ils:permisSlon; WORKEkS;CQMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC-99 06 33: NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part.Six of the policy: PART SIX CONDITIONS A. If we'cancel'this:policy:by written notice to you for,any.reason other than`nonpayment'ofpremium't we W11[malf or deliver a.copy'of such wrltten notice of.canceliation to the name and address`corresponding to each person or organization shoWn.in the Schedule below. Notlficatloh to such person or organization will be provided at Jea St..110 days.priot to the off ective:.date.of the cancellation, as advised In_our notice to.-you.;or the longbr number of days notice.If indicated,in.the Schedule below B. If we cancel this;policy by written notice to you.for:nonpayment of-promium,,we.willmall or dolive.r a..copy of such.written.notice of cancellation;to tho name and address correspondlhg to.each person or organization shown in the Schedule below at least 10 days prior to the effecEive date of such cancellation; C. if notice as described.in Paragraphs A.or:B:of this endorsement is mailed;proof of mailing will be sufficient proof:of.such notice. SCHEDULE Number of Name and Address:of Other Persons)LOrganization(s):. Days Notice: ANY.PERSON OR ORGANIZATION TO WHOM OR TO WHICH,.YOU.ARE REQUIRED TO PROVIDE NOTICE OF.GANCELLATION IN`A'WRITTEN CONTRACT OR WRITTEN AGREEMENT 30 All other terms and conditions of this policy remain unchanged. WC 69,66 W (Ed, 05-10) Includes copyrighted matedal of Nattonal Council omCompensadon.Insurance;Inc.wlfh Its permisslon; page 1.of I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ATKINS NORTH AMERICA INC. dba FAITHFUL+GOULD FOR FACILITIES CONDITION ASSESSMENT 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