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HomeMy WebLinkAboutStudioneleven - 2021-07-12 PROFESSIONAL SERVIC17S C0NTRACTBI--1TWl-F.N THE, CITY OF HUNfINGTON BEACH AND STUDIONELEVEN FOR LANDSCAPE ARCHITECTURE./URBAN DESIGN SERVICES THIS AGREEIvIEN'f ("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 Studionelcven, hereinafter referred to as "CONSULTANT." WIIBREAS. CITY desires to engage the services of a consultant to provide landscape architecture/urban design services for streetscape improvements at Oak Lane and Ash Lane: 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 ol'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: 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 "PROJLC"f." CONSULTANT hereby designates Kirk Keller who shall represent it and be its sole contact and agent in all consultations with CITY during the perfornance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shalt assign a staff coordinator to work directly with CONSULTANT in the performance ofthis Agreement. 21-979I rz;8399 0511 9-20LI 132 1 of 12 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on JV& 20,2/ (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 three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Twenty-Six Thousand Dollars ($26,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such 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 PAVEMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 21-97911259399 05/19-204132 2 of 12 7. DISPOSrf-ION 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 PRO.I ECT 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 ULTANT'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. CONSUL:TANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONS ULTANT'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 CONSUL;TANT performs"Design Professional Services"within the meaning ot'Civil Code Section 2782.8. then the following Bold Harmless provision applies in place of subsection A above: 21 9791P58499 05/19-204132 3 of 12 "CONSULTANT hereby agrees to protect, defend. indemnifv and hold harmless CITY and its of icers, elected or appointed officials, employees, agents and volunteers, trom and against any and all claims, damages. losses, expenses, demands and (IClense Costs (including. without limitation. costs and lees 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 char..!ed to CONSULTANT exceed CONSUL:fANf's proportionate percentage ol' 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 Oahe business. CONSUL:TANf shall meet and confcr with CITY and other defendants regarding unpaid defense costs. The dut to indemnifv, 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 ter all costs and attorney's tees 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 N illion Dollars ($1.000,000.00) per occurrence and in the aggregate The above-mentioned insurance shall not contain a sett-insured retention without the express written consent of CITY: however an insurance 2 1-9 791 0 58399 05/1 9-204 1 3 2 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). 13. CONSUI-PANT shall notify CITY ofcircumstances 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 anv 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. l f CONSUI.,TANT fails or refuses to produce or maintain the insurance required by this section or tails 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 anv work performed prior to approval of insurance by the CITY. 10. C13RTIFICATE 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 loregoing insurance coverage as required by this Agreement: the certificate shall: A. provide the name and policy number of each carrier and policy: 21-9791258399 05/19-204132 5 Of 12 13. state that the police 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 (1 0)days' prior written notice in the event ofcancellation for nonpayment ol'premiiun. 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. TERfu11NATION 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 folly complete. Any termination of this Agreement by 21`979I Ri3399 O5/19-204132 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 untinishcd documents, exhibits. report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 11 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. lq. COPY RIGITTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result ol'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 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. 21-9791258399 05/19-204132 7 of 12 CITY and CONSUL:PANT may designate different addresses to which subsequent notices. certificates or other c011111unications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: -1-0 CITY: TO CONSULTANT: City of Huntington Beach Studioneleven A,I"I-N: Sean Crumb\ ATTN: Kirk Keller 2000 Main Street 245 Bast Third Street Huntington Bcach, CA 92648 I.ong Beach. CA 90802 17. CONSIN"r 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 ofrelerencc 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 21-979t2ss399 05/19-204132 8 of' ]2 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 ofthis 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 an}! 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. DUPLICA-TE 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. Mach duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANTr 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. LF..GAL. SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that Cl fY is not liable for payment of any subcontractor work involving Icgal services, and that such legal services are expressly outside the 21-97911258399 05119-204132 9 of12 scope of services contemplated hereunder. CONSULTANT understands that pursuant to Himfitlgton Beach City Charier Section 309, the Cite 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. ATTORNE"Y'S FTTS 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 hereol. each party shall bear its own attorneys fees. such that the prevailing party shall not be entitled to recover its attorneys fees from the nonprevailing party. 25. SURVIVAL. Terms and conditions of this Agreement, which by their sense and contest survive the expiration or termination of this Agreement, shall so survive. 26. GOVFRNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES I:iach undersigned represents and warrants that its signature hercinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnil'y 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 21-9791n58399 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 firth 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 "I-his Agreement shall be effective on the date of'its approval by the City Attorney. This Agreement shall expire when tenninated as provided herein. IN WITNESS WI-IEKE'OF, the panics hereto have caused this Agreement to be cxecutcd by and through their authorized officers. zi-rnna>s3�r9 05/19-204132 11 of' 12 CONSUL-PANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of STUDIONELEVEN California By:A-- ,v Y`-- - Director/Chief L ws ���` k I (Pursuant To H8MC§3.03.100) print name ///��� APPROVED AS TO FORM: ITS: (circle ane)C'hairmanlp 1e�)icc President AND v 11 By: 1AA Q City Attorney Date print name �'le one)Sccmary/Chief Financial Officer/Asst. RECEIVE AND FILE: Treasurer rer City Clerk Date COUNTERPART 21-47912'9 WN 05/19-204132 1241, CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of STUDIONELEVEN California By: 61 ' Director/Chief (Pursuant To HBMC§3.03.100) print name APPROVED AS TO FORM: ITS: (circle one)ChairmmPresidentNice President AND �'L r )4� By: G City Attorney Date print name — ITS: (circle one)Secretary/Chicf Financial Officer/Asst. RECEIVE AND FILE: Secretary—Treasurcr City Clerk Date ?'11Z1,?ez/ COUNTERPART 2 1-979 1 2 5 83" 05/19-204132 12 ol' l2 EXHIBIT "A" A. S'fr\'fF VIE\"I" OF WORK: (Narrative of'work to be performed) Landscape archlleelnre/urban design services for streetscape improvements at Oak Lane and Ash Lane. 13. CONSULTANTS DUTIES AND RESPONSIBILITIL'•S: I. Site Review and Assessment • Attendance at one (I) on site kick-off meeting with City staff at project site to facilitate a goal setting discussion and to physically review concerns, constraints and opportunities for traflic calming measure based on current site conditions. • Review the City's proposed traffic calming solutions. • Confirm project schedule and available funding to inform design options. • Create an existing conditions SWAT analysis to identify spccitic potentials and challenges for Oak Lane and Ash Lane along with summary of project goals and objectives. and desired outcome to inform the study. (I I x 17 digital) 11. Strategies Toolkit • Develop a selection of"ideas to improve Ash Lane and Oak Lane and enhances the neighborhood livability while complimenting the traffic calming techniques. Indicate ideas via diagrams, notes and precedent imagery. (I I x 17 digital booklet). Toolkit may include new street trees, parkway improvements, bulb outs, graphic crosswalks and other ideas. • Attend one (I) design meeting with City staff(via teleconference) for review of strategies toolkit. • Refine toolkit design ideas based on City Icedback (i.e. determine plant species and spacing, crosswalk graphic art, etc.) • Attend one (1) final meeting with Citv (via teleconference) to review final strategics toolkit. 111. Peer Review and Construction Administration • Review the City documents at milestone progress to confirm general compliance with design intent of"selected toolkit ideas. • Assist the City as needed during implementation phase as needed and nuiv include: o Review mock-ups, and product submittals for compliance with toolkit ideas. Coordination with City via email and telephone. o Review digital photographs ot'plant material, size specifications and nursery sources as provided by Landscape contractor. o Conduct up to two (2) site observations to review progress ofconstruction and provide report(s) at stage critical to construction if requested. Observation reports are to confirm general compliance with drawings and I3X1-11131T A I design intent and are not construction inspection. Studio One Eleven will note side observations for City review. Planting review and placement prior to installation (I visit) Review kIVOWt of improvements (I visit) C. CITY'S DUfIL'•S AND RESPONSIBILITIES: Provide oversight and staft'response to any inquiries. D. WORK PROGRANUPROJECT SCI II=DULE: One Year I XHIBIT A EXHIBIT "It" Payment Schedule I. Charges for time during travel are normally not reimbursable and will only be paid if' such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to a full payment toward the fixed fec set forth herein in accordance with the Ibllowing: 1. .Cite Revie ctncl Assessment S5.000 2. btratePies Tnnikit Sl.i.000 3. Peer Review/CortslruclioraAdmini.chutinn S6.000 Total: S26.000 3. 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. 4. CONSULTANT shall submit to CITY an invoice for each progress payment clue. Such invoice shall: 1) Reference this Agrecment: 2) Describe the services performed: 3) Show the total amount of the payment due: 4) Include a certification by a principal member of CONS U LTA Nf's firm that the work has been performed in accordance with the provisions of this Agreement: and 5) 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 CfTY 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. 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 hourl• 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 Ofhours 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 PROFESSIONAL SERVICES CONTRACT 131 fWFFN "Il-IE CI"I'l' OF I-IUN['ING1'ON BE-'ACH AND FOR Table of Contents IScope of Services................................................................................................................ 1 2 Citv Staff Assistance...........................................................................................................2 3 I"ern; Timc of Pcrformmticc................................................................................................2 4 Compensation......................................................................................................................2 > Extra Work..........................................................................................................................2 6 i\lethodof"Pavment.............................................................................................................3 7 Disposition of flans. Estimates and Other Documents.......................................................3 8 1lold I larm less.....................................................................................................................3 9 Professional Liability Insurance ..............................................................................4 10 Certificate ofhtsurancc......................................................................................I................ 5 11 Independent Contractorr.......................................................................................................6 12 Termination of Aareement..................................................................................................6 13 Assignment and Delegation..................................................................................................6 14 Copyrights/Patctits ......................................................................................................_...... 7 15 City Employees and Officials.............................................................................................. 7 16 Notices... .................................................................................................................7 17 Consent................................................................................................................................ 8 18 Modification.............................................................................................._.........._............ 8 19 Section Ilcadings................................................................................................................. 8 20 Interpretation of this Agreement ......................................................................................... 8 21 Duplicate Original...............................................................................................................9 22 Immigration..........................................................................................................................9 23 Legal Services Subcontracting Prohibited ...........................................................................9 24 Attorney's Fces..................................................................................................................... 10 25 Survival ................................................................................................................................ 10 26 Governing I_aw..................................................................................................................... 10 27 Sipatories............................................................................................................................ 10 28 I ntiretv................................................................................................................................. 10 29 L'ffective Date...........................................................................I..... I I At a CERTIFICATE OF LIABILITY INSURANCE UAT 5/27/00/YYYY) srznzozl 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(los) 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 endorsements . PRODUCER CONTACT NAME: Jennifer Aguirre 3697 Mt. Diablo Design Professionals Insurance Services, LLC PHONE FA% 3697 Mt. Diablo Blvd Suite 230 .lAtc NP e.m(510)465-3090 (NC Not: Lafayette CA 94549 noonless: Deslg nProcerts@Assure(iPartners.com INSURER(S)AFFORDING COVERAGE NAIC0 —Upensee*6003745 INSURER A:XL Specialty Insurance Co. 37885 INSURED RETAIDESI INSURER e:Travelers Property Casualty Comnany of America 25674 RDC-S111, Inc./Studio One Eleven 245 East Third Street INSURER C: Long Beach, CA 90802 INSURER D: 562-628-8000 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:2110976325 REVISION NUMBER: THIS IS TO CERTIFY THAT Tl1E 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 AD TYPE OF INSURANCE J POLICY NUMBER POLICY EFF POLICY EXP Ll LIMITS a X I COMMERCIALGENERALLIABILITY Y Y 6800JB89444 4/18/2321 4/18/2a22 EACH OCCURRENCE $1,000,ODD �CIAIMS-MAOF EX IDf.CtIR PREMISES f6e ocuAronu-1_ 31,000,000 X CoMmdual LW MED EXI' Am/one person $10 000 X XCUM Wad PERSONAL At INJURY $1000,000 GENL AGGREGATE LIMIT APPLIES PER: GF.NF.RALAGGREG.ATF $2.000,000 _ POIJCYf Xi I�I.00 PROIXJCTS-COMPIOP AGG S2,000,000 OTHER: t $ B AUTOMOe REUABIDIY Y Y RA6R860679 IH6/2121 1/18/2012 f��EU SINGLE LINT 51,000,000 X ANY AUTO ODDLY INJURY IPm p ) $ OWNED SCHErEO AUfOSONLY AUT OS ODDLY INJURY(ReruWUenO $ X HRED I X I NOWOWNED PROPERTY CAMAGF. 3 AUTOS ONLY __ AUTOS ONLY jPw aWdenl 3 R X UMBRELLALIAB X OCCUR Y Y CUP6847Y136 4/18Y1021 41IM022 EACHOCUURHENCE $5,000,000 ( EXCESS LIAB CLAIMS MADE AGGREGATE $5,000,000 f TIED FX RFI ENTIDN $ WORNER9 COMPENSATION VEft OTl1- AND EMPLOYERS'UABRITY YIN 8TA1UI(i EN ANYPROPRIETONII'ARTNEfUEXECUfIVE i I NIA EL EACH ACCIDENT 3 OFFKMRRIEMBEREXGLUOED4 u (Mandatary In NH) F.L.DISEASE-EA EMPLOYE $ 11 yes,deswibo m,dw DESCRIPTION OF OPEMTIONS d.+av EL.DISEASE-POLICY UM.IT S A Professbrml IJerday DPR9975821 4lI8/2tl21 4/1N2072 SZ,We,aaD per Gaim Cleans Made —i 1 $Z,000.000 Annual Aggregate DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES(ACORD 101.Addltlorul Remar Sehedule,may W attached If more anaea b required) Umbrella Liability policy is a fallow-form to underlying General Liability/Auto Liability. Project Name: Oak and Ash Lanes Straetscape-- City of Huntington Beach is named as Additional Insured on General Liability and Auto Liability,per po11Ly fo��rrpp� eradons of the Named Insured as required by written Contract or agreement. General Liability is Primary/Non-Contributory and sevt4" s s per po 1 wortiing. Insurance Coverage Includes waiver of subrogation per attached. By: MICNAEL B.GATES CERTIFICATE HOLDER CANCELLATION 30 D 1tW&p=lBEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Alin: Chau Vu 2000 Main Street AUTHORIZE P D RE_RESENTATNE Huntington Ueach, CA 92648 ./VyR❑.I"/G-j'A31_- Y"�,_l)YaAA-1 U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680OJ889444 ISSUED DATE: 5/27/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury"or"property damage" included in the"products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of elude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam- tions hazard". age" caused, in whole or in part, by"your work' at the CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 680OJ889444 ISSUED DATE: 5/27/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or"property damage"occurs or the"personal injury"or"advertising injury" offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s)or Organization(s) section of this Schedule applies. (Information required to complete this Schedule, Knot shown above, will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to in- This insurance does not apply to "bodily injury" or dude as an additional insured the person(s) or "property damage' occurring, or 'personal injury' organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, Including materials, parts or equip- caused, in whole or in part,by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: for engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy # 680OJ889444 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements In the Declarations are If all of the other Insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each Insurer contributes representations you made to us; and equal amounts until It has paid Its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other Insurance does not permit In, any Information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of Insurance to the total applicable limits of premium or to exercise our rights of cancellation or Insurance of all Insurers. nonrenewal In accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or rogulation& Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limils of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- Insurance applies: contributory basis, this Insurance Is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each Insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury'or"properly damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising Injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to Impair them.Al our request, agreement by you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 6. Premium Audit 9' When We Do Not Renew a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. If we decide not to renew this Named Ins Part, will mail or deliver to the first Named Insured ed shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit prertlium only.At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date for audit and retrospective premiums is the dale SECTION V—DEFINITIONS shown as the due dale on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and semi us Copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy,you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ®2017 The Travelers Indemnity Company.All rights reserved. CG T7 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with Its permission. Policy# 680OJ889444 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist, or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees" or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS — INCREASED LIMIT or"volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III —LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5, above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION — PROFESSIONAL LIABILITY services" to any one person will be deemed The fallowing is added to Paragraph 4.b., to he one"occurrence". Excess Insurance, of SECTION IV — 4. The following exclusion Is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION 1 — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "properly damage" arising loss is not subject to the professional services Out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION — pharmaceuticals committed by, or with the knowledge or consent of the Insured. WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT 5. The following is added to the DEFINITIONS Section: The following is added to Paragraph 8., Transfer "Incidental medical services" means: Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment,advice or instruction, or the related f the insured has agreed in a written contract or furnishing of food or beverages; or agreement to waive that insured's right of recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical Supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily Injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ®2017 The Travelers Indemnify Company.All rights reserved. Page 5 of 6 Includes capyrlghted material of Insurance Services Office,Inc.vFth Its permission. BMR860679 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT— INCREASED LIMIT C. EMPLOYEES AS INSURED 1. WAIVER OF DEDUCTIBLE— GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS— INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION 11 —COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos' you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos rent or borrow; anti Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section Il. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a covered "auto". ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an 'insured" while C. EMPLOYEES AS INSURED operating a covered "auto' hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an.'em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 02015 The Travelers Indemnity Cnmpany. All rights resorved. Pagel Of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss'. D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II — COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of hail bonds (in- covered "auto". eluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- SECTION II — COVERED AUTOS LIABILITY rowed from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT (4) All reasonable expenses Incurred by the "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- AGE: E. TRAILERS— INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- $1.500We will pay up to $50 per day to a maximum of TION I— COVERED AUTOS: curred for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto"of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT— INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph AA., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Darnage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph AAL, Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Properly cover- properly of like kind and quality. age. Page 2 of 3 02015 The Travelers Indemnity Company.AN rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.wilh Its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a EXCIUslon 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto' you own that in- and tear or high mileage; flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" Is a covered "auto' for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and ease; and C. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: A 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles In the event of a total loss" to a covered "auto' of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ox- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or 'loss", pro- due on the lease or loan for such covered "auto' vided that the "accident' or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 ®2015 The Travelers Indemnity Company.NI rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. City of Huntington Beach 2000 Main Sheet ♦ Huntington Beach, CA 92648 (714) 536-5227 • v`rv"v.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 16, 2021 Studioneleven Attn: Kirk Keller 245 East Third Street Long Beach, CA 90802 Dear Mr. Keller: Enclosed is a duplicate original of the "Professional Services Contract between the City of Huntington Beach and Studioneleven for Landscape Architecture/Urban Design Services." Sincerely, 4� Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand