HomeMy WebLinkAboutTotum Consulting - 2021-06-21 (6) AMENDMENT NO. I TO PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ToTum CONSULTING
FOR AS NEEDED CONSTRUCTION PROJECT MANAGEMENT FOR THE CITY
OP FIUNTINGTON BEACH EDISON PARK SKATE SPOT PROJECT
THIS AMENDMENT- is made and entered into by and between the CITY OF
HUNT INGTON BEACH. a California municipal corporation. hereinafter referred to as
"CITY," and Totum Consulting a California Corporation, hereinatter referred to as
"CONSULTANT "
WHEREAS, CITY and CONSULTANT are panics to that certain agreement,
dated .tune 21. 2021 entitled "Professional Services Contract Between The City of
Huntington Beach and Totum Consulting for As Needed Construction Project
Management for the City of I-}untington Beach Edison Park Skate Spot Project" 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 pertonned under the Original Agreement.
City agrees to pay Consultant an additional sum not to exceed Fire Thousand Dollars
(S5.000). The additional sum shall be added to the original sum of Twenty Nine
Thousand Nine Hundred Dollars (S29,900). for a new contract amount not to exceed
Thirty }=our Thousand Nine Hundred Dollars ($34.900).
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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 Ag 541 -5 t ,X 2021.
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of to of
Totum Consultin Californi
By:
erector/Chief
print name (Pursuant To H8W§3.03. 00)
ITS: (circle one)chaimwEs icc Praidarc APPROVED AS TO FORM:
AND- -
Attorney "i '
prim Date
ITS: (Nile�fe 'ief FinancW Ica/Am
secretary-T RECEIVE AND FILE:
City Clerk
Date
21-10087/263189 2
PROFESSIONAL SERVICES CONTRACT BET\VEEN
-1-1-IE CITY OF HUN'IINGTON BEACH AND
TOTUM CONSULTING
FOR
AS NEEDED CONSTRUCTION PROJECT MANAGEMENT FOR THE CITY OF
HUNTINGTON BEACH EDISON PARK SKATE SPOT PROJECT
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 Town, Consulting, a California Corporation hereinafter referred to as
"CONSULTANT."
WHFREAS. CITY desires to engage the services of a consultant to provide as needed
construction project management for the City of Huntington Beach Edison Park Skate Spot
Project: and
Pursuant to documentation on file in the office of the City Clerk. the provisions of the
Huntington Beach IN4unicipal Code, Chapter 3.03, relating to procurement of'professional service
contracts have been complied with. and
CONSULTANT has been selected to perform these services,
NONV, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
I. 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 Danny Kaye who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on Z2 1 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 one (1) year 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 Nine Thousand Nine Hundred Dollars(529,900).
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.
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6. iM TROD OF PAYIMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION Of PLANS. ESTIIMATES .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 ofthis 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 CONS UL.TANT's (or CONS ULTANT's
subcontractors, if any) negligent (or alleged negligent)pertbrmance 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 CONS ULTANT's counsel. ']'his indemnity shall apple 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.
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13. 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 ol'. 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 dut- to indemnif)v, 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
CONSUL PANT for all costs and attornev'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
police covering the work pertormed by it hereunder. This policy shall provide coverage for
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05/I9-204132 4 of- 12
CONSULTANTI 's professional liability in an amount not less than One N9itlion Dollars
(SI.000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a sell' insured retention without the express written consent of CITY; however an insurance
police "deductible" of Ten Thousand Dollars ($10.000.00) or less is permitted. A claims-made
policy shall be acceptable if the police 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).
E. CONSULTANT shall notify CITY of circumstances or incidents that might
Live 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.
1 f'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.
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10. CERTIFICATE OF INSURANCE-
Prior to commencing performance of the work hereunder. CONSULTANT shall
fumish 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;
E. 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)clays'
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 CONSUL fANT'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 hercinabove 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
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payroll deductions for CONSULTANT and its officers. agents and employees and all business
licenses, if anv. in connection with the I ROJLCT and/or the services to be performed hereunder.
12. TERiMINAITON OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSUL fANT's services hereunder at any time with or without
cause, and whether or not the PROJECT is full\, complete. Any termination ofthis 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
C CONSULTANT.
13. ASSIGNIMENT 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 CffY. If an assignment. delegation or subcontract is approved,
all approved assignees, delegates and subconsultants must satisf}- the insurance requirements as
set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to an\, 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 ol'CITY shall have any
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05/19-204132 7 of 12
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NO'IlC13S
Anv notices. certificates. or other comnwnications hereunder shall be given either
by personal delivery to CONSUI fANI'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 CONSUL,TANf:
City of i-Iuntington Beach Totten Consulting
A'I-FN: Sean Crumbv ATfN: Danny Kaye
2000 Nlain Street I5130 Ventura Blvd. Suite 327
Huntington Beach. CA 92648 Sherman Oaks. CA 91403
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. MODIFICA"IION
No waiver or modification of any language in this Agreement shall be valid unless
in writing and duly executed by both parties.
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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 ofreference 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 AGREEIv1ENT
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 fir 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 anv act contrary to law, and wherever there is anv conflict between any provision
contained herein and anv 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
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the date of its execution and delivery, be deemed an original. Each duplicate original shall be
deemed an original instrument as against any party Nvho 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 C'iry Charter Section 309. the City Attorney is the exclusive legal counsel for
CITY: and CITY shall not be liable for payment of ant' legal services expenses incurred by
CONSUL;TANT.
2=4. ATTORNEYS 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.
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26. GOVLRNING 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 hereinbclow 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.
23. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freeh
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.
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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
Totum Consulting California
By:_ [rector/Chief
Dro.)rl? JAMC (Pursuant To HBMC§3 3.100)
print nam APPROVED AS TO FORM:
ITS: (circle one)QraffinawPresidmt(vice President
B A/- City orney
/I UL4 0 Date
print name
ITS: (circle one) [aryl ief Financial 011icer/Asst. RECEIVE AND FILE:
$ecmwy—Treasurer
N '&h
%,/ City Clerk
COUNTERPART Date
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers.
CONSULTANT. CITY OF HUNTINGTON BEACH,
a municipal corporation ol'the State of
Tatum Consulting Calit'ornia
13y: Director/Chief
(Pursuant To HBVC§3.09.100)
print name APPROVED AS TO FORNI:
I'm (circle one)Chairman/President/\'ice president
AND
13y. ACity Attorney
Date
print name
ITS: (circle one) Secretar /Chief financial Officer/Asst. RECEIVE AND FILE:
Secretary—Treasurer
City Clerk
COUNTERPART Date
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EXHIBIT "A"
A. STATENME\TOP NORK: (Narrative of work to be performed)
Construction management services for the Edison "Skate Spot".
13. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. \Manage and coordinate all aspects of the project and report directly to the City.
2. Develop and maintain a master schedule of construction.
C. CITY'S DUTIES AND RESPONSIBILITIES:
Provide oversight and staff response to any inquiries.
D. WORK PROGRANYPRO.IECT SCHEDULE:
Approximately 10 weeks from the beginning of construction.
EXHIBIT A
E\HIBIT "13"
Payment Schedule (Hourly Payment)
A. I-louriv Rate
CONS UI-fANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
$175/hour for Senior Project Manager, $135/hour for Construction Manager. Not to exceed
total of$29.900.
B. Travel Charges for time during travel are not reimbursable.
C. 13illinp,
1 . All billing shall be done monthly in fifteen (15) minute increments and matched to
an appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide,at a glance,
the total fees and costs incurred to date for the project.
3. a, letters, reports, calculations and other documentation
A copy of memorand
prepared by CONSULTANT may be required to 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.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement:
13) Describe the services performed:
C) Show the total amount of the payment due:
D) Include a certification by a principal member of CONSULTANf's firm that
the work has been performed in accordance with the provisions of this
Agreement: and
E) I-or all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice. it' CITY is satisfied that CONSUL- ANT 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 CLIP. 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
1
Exhibit 13
the parties agree that past performance by CONSULTANT is in. or has been brought
into compliance, or until this Agureement has expired or is terminated as provided
herein.
5. 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 perfornied 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
mance of the remainder of this Agreement.
apart front the ongoing perfor
Exhibit B
EIXIIIBIT "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. CONSUI:PANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
13) Describe the services performed:
C) Show the total amount of the payment due:
D) Include a certification by a principal member ofCONSULTANT'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. CI"fY 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. An_y 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 13
PROFESSIONAL SERVICES CONTRACT I3ET`rVEEN
THE CITY OF I IUNTINGTON BEACH AND
TOTUNI CONSULTING
FOR
AS NEEDED CONSTRUCTION PROJECT iMANAGL'-MENT FOR THE CITY OF
HUNTINGTON BEACH EDISON PARK SKATE SPOT PROJECT
Table of Contents
IScope of Services.................. .......................................................... .................................. I
2 Cite Staff Assistance........................................................................................................... 2
3 Term; Mime of Perfonnance................................................................................................ 2
4 Compensation......................................................................................................................2
5 Extra Work.......................................................................................................................... 2
6 Method of Pavmcnt ............................................ ................................................................ 3
7 Disposition of Plans. Estimates and Other Documents....................................................... 3
8 Ilold Harmless.....................................................................................................................3
9 Professional Liabilitv Insurance ..............................................................................4
10 CCI-tifiCaICOfIn$Urance....................................................................................................... 5
II Independent Contractor.......................................................................................................6
12 Termination of Agreement.............................................................................. ................... 6
13 Assignment and Delegation.................................................................................................. 6
14 Copyrights/Patents .................._.......................................................................................... 7
15 Citv Employees and Officials.............................................................................................. 7
16 Notices... .................................................................................................................7
17 Consent................................................................................................................................ 8
18 `lodification........................................................................................................................ 8
19 Section I lead ings............................ ._................................................................................. 8
20 Interpretation of this Agreement .......................... .............................................. 8
21 Duplicate Original._................................................................................_..........................9
22 Immigration.................................. 9
23 Legal Services Subcontracting Prohibited .............................................._..._...................... 9
24 Attornev's Pees..................................................................................................................... 10
25 Survival ................................................................................................................................ 10
26 Governing L.aw..................................................................................................................... 10
27 Signatorics............................ ............................................................................................... 10
28 I-ntiretv................................................................................................................................. 10
29 Eflcctive Date................................................................................. I I
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A�� CERTIFICATE OF LIABILITY INSURANCE °�[7119f�,"�'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE 00E5 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,ANOTHE CERTIFICATE HOLDER.
IMPORTANT: If the cord"calo holder Is an ADDITIONAL INSURED.the pollcy(lee)must new ADDITIONAL INSURED provisions or be andorsad.
It SUBROGATION 15 WAIVED, subject to the lama and conditions of the Polley,certain policies may require an arldoraomant. A sullemem on
this cerlillcalo does not confor rights to The ceAtnwto holder In Ilou of such ardoraomonl sI.
.Rolle" .,RANT: Tne Certificate Team
AssuredPettnere DeflRn F'rofassioneb Insurarmd ServiccS,LLCAX
3697 M;.Diablo Blvd Sulto 230 f PHONE Etta: .10C.10rr
Lafayette CA 9d549 ,OOe= CeOSLICSgnPra®AsauledPonnemcom
WItlRER AfieRnNO COKRACJ time
UQcftm9,6=74S INSURER A;Trayelefs Ptc perty Casualty Co2gEy of Amedca 2E674
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Tatuat 310 351-013b Nsueee c: the Travekis bwdmm14•r ll�pany of CamnCJMA 25542
15130 Ventwe Blvd„Ste 327 IXFVI¢R o:
Sherman Oaks,CA 91403 NatraEa a:
•COVERAGES CERTIFICATE NUMBER:859472731 REVISION NUMBER:
TIBS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW IfAVE BEEN ISSUED to If tE INSURED NAMED ABOVE FOR 111E POLICY PERIOD
INDICATED. NUIVA;HSTANDING ANY REOUDEMFNT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCW[ENT WITH RESPECT TO VOUCH TFIS
CERTIFICATE MAY DE ISSUEO OR MAY PERTA01.THE WSURANCE AFFORIIED BY TILE POLICIES CESCITRFh HEREIN IS SUBJECI 10 ALI. THE TERMS,
EXCLUISIONS ANU CONUITIURS OF SU1.14 WAJC1ES.LMO t S SHOWN MAY HAVE HEEN REIXX:ED BY PAID C LAVAS.
NIA TYP[ei N[LiAMCe POUCTrNROEA !� vPAmpaym IIWTf
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PAews[stl_ f1,000.000
X IiI rsnrAWIMI �OEIP _� _•f 10,000
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AA d PER: Ote L Ae01 we $4.00 .000
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C ALTtb100XELMOOITY Y Y rl"Rula•Te eMdM71 "51>0) C V 61,000.000
ANY won i soOnY NAM'!lfr Pried f
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A1111ROPR6TORAMR1itFA4XFQlINP ELGCNA OENf $1.000000
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(WIMa1mYMNH1 EL DdFASE-FA ELPLOTE 1 $1.000,000
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OCRImrDN or ceewoonf ILOCAIbMR tvi c,.Ef 1KaRe to,,Alatarl Reen\ieWeM,mn MilYaAtl NIanye Y,i4WiC)
Inured oA4y no company vahiCto1;Itufreforo,Nratlhonovned auto 11 ine madrrRlm coverego that awim
Re:All OperaUans of the Nsmed insured.
Gry of HunerrMn Death,Bs offices{,elecied or appointed officials,employees.agenn anal vdunteon are narrten not an additional Insured as respects general
Bab"arm auto Ilnbllty as requited pa valum contract or agr fentars.Gnr rrd Liability Is P"frientaNribulory per policy form vexcling.
APPROVED AS TO FORM
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CERTIFICATE HOLDER CANCELLATION 30 D N G10Uoli91B1Us&tler
SHOULD ANY OF T NE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
IRE EXPUTATION OATE THEREOF, NOTICE VRLL BE DELIVERED W
ACCOROANCE 1N11 N TILE POLICY PROVISIONS.
City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648 wTNaRl:so REM[aeA1ATNa
0 t988.201S ACORD CORPORATION. All rights rosorvod.
ACORD 25(201WD3) The ACORD name end logo are roglstorod marks of ACORD