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HomeMy WebLinkAboutIntegrated Consulting Group, Inc. - 2022-01-18 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND INTEGRATED CONSULTING GROUP, INC., FOR AS-NEEDED PROFESSIONAL DESIGN/LANDSCAPE ARCHITECTURAL SERVICES THIS AMENDMENT NO. 1 to the Agreement Between The City Of Huntington Beach("CITY") and Integrated Consulting Group, Inc., is to allow assignment of the Agreement to PBLA Engineering.; and WHEREAS, CITY and ICG are parties to that certain agreement, dated January 18, 2022, entitled"Professional Services Contract Between the City of Huntington Beach and INTEGRATED CONSULTING GROUP, INC., for As-Needed Professional Design/Landscape Architectural Services"which agreement shall hereinafter be referred to as the "Original Agreement'; and On March 1, 2022 ICG merged with PBLA becoming one company; and CITY desires to allow ICG to assign the Original Agreement to PBLA to seamlessly assume the contractual responsibilities of ICG under the Original Agreement; and, CITY consents to the assignment of the Original Agreement to PBLA. NOW, THEREFORE, it is agreed by and between CITY, ICG and PBLA as follows: 1. ASSIGNMENT OF ORIGINAL AGREEMENT The Original Agreement is assigned from ICG to PBLA, effective March 1, 2022. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on � //7- , 2022. 22-11265/292197 1 INTEGRATED CONSULTING GROUP,INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: �r California President ITS: (circle one)Secretary/Chief Financial Officer/Asst. Director Of Community&Library Services Secretary—Treasurer AND APPROVED AS TO FORM: //j,� fv � By: Vice President ITS: (circle one)Secretary/Chief Financial Officer/Asst. City Attorney 1• Secretary—Treasurer vYl Date PBLA ENGINEERING. RECEIVE AND FILE: By: President ITS: (circle one)Chairman/President/Vice President City Clerk AND Date By: Secretary ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer COUNTERPART 22-11265/292197 2 INTEGRATED CONSULTING GROUP, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: ITS: (circle one)Secretary/Chief Financial Officer/Asst. Director of Community& Library Services Secretary—Treasurer AND APPROVED AS TO FORM: By: ITS: (circle one)Secretary/Chief Financial Officer/Asst. City Attorney Secretary—Treasurer PBLA ENGINEERING. ;ate RECEIVE AND FILE: By: ITS: (circle one)Chairman/President/Vice President City Clerk AND Date By: ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer COUNTERPART 22-11265/292197 2 ® DATE(MM10D1YYYY) �+�o CERTIFICATE OF LIABILITY INSURANCE a4/I4/zozz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Heaton&Associates Insurance Services PHONE ExU 909.283.6040 FAX No):.909.335.2698 101ERedlandsBlvdSte244 E�oless: COI@Heatonlnsurance.com INSURER(S)AFFORDING COVERAGE _ NA1C q Redlands CA 92373-4725 INSURER A:Amco Ins Co 19100 INSURED .INSURERB: Hartford Accldent&lndemnityCO 22357 INSURERC: National Union Fire Insurance Company of Pitts 19445 PBLA ENGINEERING,INC INSURERD: Property and Casualty Insurance Companyof Har.- 34690 1809 E Dyer Rd Ste 301 INSURER E.Liberty Insurance Underwriters Inc 1 19917 Santa Ana CA 92705-5740 1 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 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 TYPE OF INSURANCE ADOL SUBR POLICY NUMBER MMIUDY EFF MMlOD/YYYY LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENYED CLAIMS-MADE a OCCUR PREMISES Ea occurrence $ MEO EXP An ono arson $ __ A Y Y ACP BPO 3067190086 04/28/2021 04/28/2022 PERSONAL&AOV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY O JEC T PRO- LOC PRODUCTS-COMPIOPAGG $ 4,000,000 $ OTHER: COMBINED SINGLE LIMIT - $ 1,000,000 AUTOMOBILE LIABILITY APP VED AS TO ORP1 Ea accident _ x ANY AUTO BODILY INJURY(Par person) $ B OWNED SCHEDULED Y Y 72UECHA5187 '-0- 8/2021 04/28/2022 BODILY INJURY(Per accident) $ AUTOSONLY AUTOS By; PROPERTY DAMAGE HIRED NON-OWNED E.GA S Par PERTnt $ AUTOS ONLY AUTOS ONLY M CITY A'TfORNE s �( UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESSLIAB CLAIMS-MADE Y Y EBU093744537 04/28/2021 04/28/2022 AGGREGATE $ 5,000,000 DIED RETENTION$ PER $ WORKERS COMPENSATION X 6TATUTE I ORH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ i,000,000 NIA Y 72WECKZ1003 04/28/2021 04/28/2022 D OFFICERIMEMBEREXCLUDED7 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ It yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below Professional Liability AEXNYAB9QOV001 05/20/2021 05/20/2022 Per policy& $5,000,000 E Ded:$10,000 aggregate DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,maybe attached it more space Is required) Re:MCA 10 FOR City of Huntington Beach,its officers,elected orappointed officials,employees,agents and volunteers are Additional Insured Witn' 0�9(on s noted a ove. Coverage Is primary and noncontributory.(See forms:PB04481114,PB04970707,PB60720711,HA99160312,WC040306) p, ��pRNEN�V P1I CERTIFICATE HOLDER CANCELLATION c[ A� City of Huntington Beach IN SHOULD ANY OF THE ABOVE DESCRI"-D-OLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA92648 AUTHORIZED REPRESENTATIVE Teresa Heaton It—+-- ©1 8-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Mkk 2000 Main Street, Huntington Beach, CA 4(\ City of Huntington Beach 92648 � ►/e-:� / -D File #: 22-030 MEETING DATE: 1/18/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager PREPARED BY: Chris Slama, Director of Community & Library Services Subject: Approve and authorize execution of Professional Services Contracts for On-Call Professional Design/Landscape Architectural Services with David Volz Design, Integrated Consulting Group. Inc.. Michael Baker International, Inc.. Moore lacofano Goltsman, Inc., NUVIS, and RJM Design Group, Inc. each in an amount not to exceed $1,000,000 over a three-year term Statement of Issue: The Community & Library Services and Public Works Departments require professional design/landscape architectural services on an on-call, as-needed basis for landscape design and construction administration for capital projects and city facilities. Financial Impact: More than $3.5 million in park development projects are included in the FY 2021/22 Capital Improvement Program (CIP). With additional projects anticipated to be scheduled in future years, there is a need to approve new professional services contracts for project design, efficiency and continuity purposes. The six recommended contracts, totaling a not-to-exceed amount of $1 .0 million each, will be funded as needed. As such, no additional funding is required for this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and David Volz Design Landscape Architects, Inc. for As- Needed Professional Design/Landscape Architectural Services" in an amount not to exceed $1,00 0,000 over a three-year term; and, 13) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract )between the City of Huntington Beach and Integrated Consulting Group, Inc. for As-Needed Professional Design/Landscape Architectural Services" in an amount not_t_o_exceed $11000,000 over a three-year term: and, C) Approve and authorize the Mayor and City Clerk to execute Professional Services Contract City of Huntington Beach Page 1 of 4 Printed on 1/12/2022 powered}teg'star' File #: 22-030 MEETING DATE: 1/18/2022 Between the City of Huntington Beach and Michael Baker International, Inc. for As-Needed Professional Design/Landscape Architectural Services" in an amount not to exceed $1 ,000,000 over a three-year term; and, j D) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Moore lacofano Goltsman, Inc. (MIG, Inc.) for As-Needed Professional Design/Landscape Architectural Services" in an amount not to exceed $1,000,000 over a three-year term; and, E) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and NUVIS for As-Needed Professional Design/Landscape Architectural Services" in an amount not to exceed $1,000,000 over a three-year term; and, F) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and RJM Design Group, Inc. for As-Needed Professional Design/Landscape Architectural Services" in an amount not to exceed $1 ,000,000 over a three-year term. Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. Analysis: The current FY 2021/22 Capital Improvement Program (CIP) includes over $3.5 million in Parks, Facilities and Beach Development projects, and several projects are anticipated to be added throughout the term of the contracts. Proposals for Professional Design/Landscape Architecture Services were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Thirteen proposals were received and staff from Public Works and Community & Library Services reviewed and ranked the submittals based on firm qualifications, experience, staffing, and project understanding and methodology (Attachment 7). Based on this review, staff is recommending contract awards to the following six firms: 1) David Volz Design, 2) Integrated Consulting Group, Inc., 3) Michael Baker International, Inc., 4) Moore lacofano Goltsman, Inc., 5) NUVIS, and 6) RJM Design Group, Inc. These professional service contracts allow the Community & Library Services and Public Works Departments to utilize professional landscape services in a timely manner on an on-call, as-needed basis for a wide variety of projects, including new development, refurbishing, building design, and environmental assessment. The contracts will also allow each vendor's area of expertise to be utilized as needed and based on availability for scheduled and upcoming projects. Funding sources for work on various CIP projects will be the City Council approved CIP budget. The contracts provide for a three-year contract term with a total budget not to exceed $1,000.000 for each vendor. The $1 ,000,000 amount is a not-to- City of Huntington Beach Page 2 of 4 Printed on 1/122022 powered4 Log star- File #: 22-030 MEETING DATE: 1/18/2022 exceed limit only, and not a guaranteed amount. The City will issue task orders for each project based upon the scope of services. For task orders greater than $50,000, the City will typically solicit proposals from two or more qualified consultants. In general, the scope of work for landscape architecture firms may involve all phases of a development project. The following summarizes the major elements of the scope of work included in the RFP. Preliminary Plans and Design - Prepare alternative preliminary layouts, surveying, architectural services, and estimates of probable cost for alternatives, and prepare details and calculations. Present alternatives, as needed at staff and/or City Council meetings, and provide recommendations and analyses of the advantages of each alternative. Entitlements/Permits - As a primary consultant, assist the City in obtaining entitlements and approvals from applicable agencies for environmental and/or other permits as may be required. Construction Documents - Prepare designs, plans, specifications, cost estimates and contract bidding documents. The City shall review the construction documents at the preliminary engineering, 60%, 90%, and final documents stages. Landscape, Architectural, Engineering Services - Provide landscape, architectural, planning, and design services primarily for existing City Parks, facilities, Community Centers, Clubhouses, i.e., tenant improvements, ADA modifications, etc., and park developments, as well as City medians and public spaces. Prepare sketches, renderings, and materials boards providing alternative architectural concepts, designs, and options that can be applied to project requirements. Prepare construction drawings for bidding and archival purposes, as well as technical specifications for materials and methods. Technical Reports and Analysis - Prepare needs assessments, master plans, and technical studies such as park development fee analysis, including public outreach, community workshops and surveys. Bidding Stage - Assist the City in answering bidders' questions, attend pre-bid conferences and job walks, prepare addenda, analyze bids, and recommend award. Construction Stage - Attend pre-construction conference, monitor construction schedule, visit construction site as required for progress and quality of work. Assist the contract manager, contractor, and inspector with interpretation of the plans, and specifications, analysis of changed conditions, development of corrective action, review of shop drawings, and as-built drawings. In addition to the services listed above, through the use of sub-consultants or in-house personnel, landscape architect firms may be required to perform environmental assessments, civil and soils engineering and building architecture. Given the breadth of services required, it is customary to have more than one qualified landscape City of Huntington Beach Page 3 of 4 Primed on 1/12l2022 poweredi!14 Legislar'- File #: 22-030 MEETING DATE: 1/18/2022 architecture firm available to provide specific areas of expertise and to accommodate potential scheduling issues. The City then has the option of selecting either one of these firms to consult on a project. Current FY 2021/22 CIP Projects requiring landscape architectural services include Marina Park Rehabilitation, Edison Park Reconfiguration, as well as Carr Park improvements. Additional park development projects will be added to future CIP's. Environmental Status: Not applicable - Once initiated, specific projects will go through the appropriate entitlement process. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and David Volz for On- Call Professional Design/Landscape Architectural Services 2. Professional Services Contract between the City of Huntington Beach and Integrated Consulting Group, Inc. for On-Call Professional Design/Landscape Architectural Services 3. Professional Services Contract between the City of Huntington Beach and Michael Baker International, Inc. for On-Call Professional Design/Landscape Architectural Services 4. Professional Services Contract between the City of Huntington Beach and Moore lacofano Goltsman, Inc. for On-Call Professional Design/Landscape Architectural Services 5. Professional Services Contract between the City of Huntington Beach and NUVIS for On-Call Professional Design/Landscape Architectural Services 6. Professional Services Contract between the City of Huntington Beach and RJM Design Group, Inc. for On-Call Professional Design/Landscape Architectural Services 7. Rating sheet list of On-Call Professional Design/Landscape Architectural Proposals City of Huntington Beach Page 4 of 4 Printed on M2/2022 powered LegistaOu PROFESSIONAL. SERVICES CONTRACT BETWEEN THE CITY OF HUNI'INGTON 131-AC1-I AND INTEGRATED CONSULTING GROUP, INC. FOR AS-NEEDED PROFESSIONAL DESIGN/LANDSCAPE ARCI-IITECURAL. SERVICES 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 Integrated Consulting Group. Inc.. a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as-need professional design/landscape architectural services: and Pursuant to documentation on file in the office of the City Clerk, the provisions of the I-luntington 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, TI-IEREPORE. 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 Jeff-cy Scott 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. 1 of I 1 22-108,13/273748 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on of 1 p7 , 2022 (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 five (5) 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 One Million Dollars($1,000,000.00). 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 PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 2of11 22-109431273748 7. DISIIOSI"IION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs. reports. both field and office notices, calculations. computer code, language, data or programs, maps, memoranda, letters and other documents. shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. provided that any such use not within the purposes intended. by the Agreement shall be at City's sole risk. S. HOLD HARMLESS A. CONSULTANT hereby agrees to protect. defend, indemnify and hold harmless CITY. its officers. elected or appointed officials. employees, agents and volunteers front 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 CONSUL TANT'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. 13. "I'o 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: 3of11 22-10843/273748 "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 CONSULTAN-r exceed CONSULfANT'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 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 otindemnification 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 4of11 22-10843/273748 policy "deductible" of"Twenty Five Thousand Dollars ($25.000.00) 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 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. 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 effect 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: 13. state that the police is currently in force: and 5of11 22-10843/273748 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 AGREEMENI' 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 full complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 6of11 22-10843/273748 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. ASSIGNf\4ENT 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. COPI71ZIGI-l'I-S/PA'1'EN'I'S 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 1�1%411LOYEES 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 COtA'SULTANT'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: 7 of 11 22-10843/273748 TO CITY: TO CONSULTANT: City of Huntington Beach Integrated Consulting Group, Inc. ATTN: Director of Community & Library Services AT'1'N: Jeffrey Scott 2000 Main Street 4195 Chino I-lilts Parkway 9222 Huntington Beach, CA 92648 Chino Hills, CA 91709-2618 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 arc 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 ofany provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of' this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable. void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement. the masculine or 801, 11 22-10843/273748 neuter gender and singular or plural number shall be deemed to include the other whenever the contest 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 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' thisAgreement 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 part\, who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of' theUnited States and shall, in particular; comply with the provisions of' the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PIZOI-IIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services. and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel For CITY: and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 9 of' 11 22-108413/273748 24. ATTORNEY'S FEES hi 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 herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement. and shall indemnilL CITY full\ 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. E-NTIRETY The parties acknowledge and agree that tile\, are entering into this Agreement freely and voluntarih 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 10 of' ll 22-10843/273748 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 Council. 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. CONSULTANT, CITY OF HUNTINGTO BE H %unicipal co ono e tate o i Integrated Consulting Group, Inc. Ma By leT City Cleric -Z 2 print ITS: (circle ow ''k, Pros"knl INITIATED AND APPROVED: AND B Director of Community& Library Services RE ITS: (circle Saretaryet, Financia101Lccr/Asst. IEWEDAND PPROVED: Sccmwy•Treasu City Manager APPROVED COUNTERPART City Attorney It of11 22-10843/273748 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 Council. 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. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Integrated Consulting Group, Inc. Mayor By: City Clerk print name ITS: (circle one)ChairmanfPresident(V ice President INITIATED AND APPROVED: AND Director of Community & Library Services By: print name REVIEWED AND APPROVED: ITS: (circle one)Smretary/Chief Financial Officer/Asst. Secretary-Treasurer City Manager COUNTERPART APPROVED City Attorney II of11 22-10943/273748 EXHIBIT "A" The Citv will issue task orders for each project based upon the scope of services. For task orders greater than $50,000, the City will typically solicit proposals from two or more qualified consultants. In general, the scope of work for landscape architecture firms may involve all phases of a development project. The following scope of work summarizes the major elements of the scope of work included in the RI-P. Preliminary Plans and Design — Prepare alternative preliminary layouts. surveying, architectural services, and estimates of probable cost for alternatives, and prepare details and calculations. Present alternatives, as needed at staff and/or City Council meetings, and provide recommendations and analyses of the advantages of each alternative. Entitlements/Permits — As a primary consultant, assist the City in obtaining entitlements and approvals from applicable agencies for environmental and/or other permits as may be required. Construction Documents — Prepare designs, plans, specifications, cost estimates and contract bidding documents. The City shall review the construction documents at the preliminar} engineering, sixty (60%), ninety percent (90'%), and final documents stages. Landscape, Architectural, Engineering Services — Provide landscape, architectural, planning, and design services primarily for existing City Parks, facilities, Community Centers, Clubhouses, i.e., tenant improvements, ADA modifications, etc., and park developments, as well as City medians and public spaces. Prepare sketches. renderings, and materials boards providing alternative architectural concepts, designs, and options that can be applied to project requirements. Prepare construction drawings for bidding and archival purposes, as well as technical specifications for materials and methods. Technical Reports and Analysis — Prepare needs assessments, master plans, and technical studies such as park development fee analysis, including public outreach. community workshops and survcvs. Bidding Stage — Assist the City in answering bidders' questions, attend pre-bid conferences and job walks, prepare addenda, analyze bids. and recommend award. Construction Stage— Attend pre-construction conference, monitor construction schedule, visit construction site as required for progress and quality of work. Assist the contract manager, contractor, and inspector with interpretation of the plans, and specifications; analysis of changed conditions, development of corrective action, review of shop drawings, and as-built drawings. In addition to the services listed above, through the use OfSUb-consultants or in-house personnel, landscape architect firms may be required to perform environmental assessments, civil and soils engineering and building architecture. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourk, Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Principal ............................................................................................................... $160.00 ProjectManager ................................................................................................... 5130.00 Planner/Arclitect/Landscape Architect .......... ...................................................... $l 15.00 AUtoCAD Graphics Technician ............................................................................... $95.00 Administration ........................................................................................................ 570.00 B. "travel Charges for time during, travel are not reimbursable. C. Billing I. 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 copy of memoranda, letters, reports, calculations and other documentation 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 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) daps of receipt of the invoice by CITY. Such approval shall not be unreasonabiv 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 Cf fY be suspended until I Exhibit B 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 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. 2 Exhibit 13 ICGINCO-01 J A C KSQN a�oRo" CERTIFICATE OF LIABILITY INSURANCE oATE 1 12/61202„1 YI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsemen[s. PRODUCER COt)TACT Gloria Schroeder,CISR Hardy Insurance Services,Inc. a�c no,E.I:(909)593-7776 7922 FAX No J909)593-5477 2911 Bonita Avenue Suite A La Vorne,CA 91750 I oo ss gschroeder@hardyinn.com U:SURERISI AFFORDING COVERAGE NAICA INSURER A West American Insurance Company �44393 INSURED INSURER B:California Automobile Insurance Company_38342 ICG Inc. INSURER c:Underwriters at Lloyd's 5528 Pine Ave - e+su'gR o: Chino Hills,CA 91709 III SURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT^4THSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CON"TRACT OR OTHER DOCUMENT:AITH RESPECTTO 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 SHO`A9a MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Ire TYPE OF INSURANCE Apo SUER POLICY NUMBER POLICY EFF POLICY EEP D.'AITS $O WYD' IN•'lmh`y YYI IMM1VDD A X CONWERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS.r.•sDE _xj occurI BKW55890416 12/1412021 12/14/2022 DAMAG-TOREWED 300,006 X BBEM,ISES_IEax;&MMI; f _MEDFXPIAnyonemrsml S 15,000 J PERSORL FDV INJ P.Y s 1,000,000 GENLAGGR=GATE LIMITAPPLIES PER. GENERAL AGGREGATE 2,000,000 X POLICY ED ma u LOC PROCUCTS-COMPtQPAGG S 2,000,000 OTHER S B AUTOM0eILEUAEILITY COYEa➢SINNEOISINGLE LIMIT f 1,000,000 X ANY AUTO X BA040000063430 12/14/2021 12/14/2022 EODILYINJURY(Perpe;tw)_ S OwNEO SCHEDULED AAU70S ONLY AUTOS BODILY oBODILY INJURY(Per drddfin f X AUTOS ONLY X AVi05 ONLY I IPeOP,ER,1Y�pArN.GE S IS H UASRELIA LIAB OCCUR II EACH OCCURRENCE 5 EXCESS LWB OW0.ISMAOE APPROVED AS TO FOftI AGGREG TE s I DED I RETENT,ON1 S wORRER5 COX.PENSATION - � __ + _ IPER Oir4 AND Er.1PLOYERS'UABIUTY HAFIIF;ATE<. T N yti Arr/PROPRIETOPNAftiNEPiE:£CUID'E ❑ L/ Y a'T T'flftlt. I EL EtGi ACCIDENT 5 )FFlCERMEMB-�q EXCLUCEDI N/A I{{,` IManduoM1 In HIM) CITY OF HUNT3NGTON tar' Cr _Ejt If}}ea.cesmOe vker E.L pSEASC-EALICU IE I S Dies. OF OPERATIONS MIO.0 C Professional E&O FE2395897.2l E2395897.21 12):3;2021 12113/2022 Each Claim Limit 1,000,000 C (Professional E&O 12J 3 20 21 12/1312022 Policy Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS(YE110[LE5 IACORD 101,AdNlloml Ramada Schedule,may he etp<hM If mare s,...la nqulNol The Professional Liability Retroactive flutes are 12/13/13 for 1M limit;8122116 for add'I 1M Aggregate. The SelMnsurod Retention is$5,000. Defense Costs are Outside the Limit of Liability. The City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers are named Additional Insured per forms CG2010 (04113)and CG203T(04113). Primary/Non-Contributory wording applies per CG8883(04112). Auto additional insured appplies per MCABS100817-CA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN of Huntington 9 Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE 4'4r_X` ACORD 25(2016103) m 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 Name Of Additional Insured Person(s) Or Organization(s): CITY OF HUNTINGTON BEACH PER FORM CG7002 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Location(s) Of Covered Operations CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to include as an additional insured the person(s) these additional insureds, the following addi- or organization(s) shown in the Schedule, but tional exclusions apply: only with respect to liability for "bodily in- This insurance does not apply to "bodily in- jury", "property damage" or "personal and jury' or" property damage" occurring after: advertising injury" caused, in whole or in 1. All work, including materials, parts or part, by: equipment furnished in connection with 1. Your acts or omissions, or such work, on the project (other than ser- 2. The acts or omissions of those acting on vice, maintenance or repairs) to be per- your behalf; formed by or on behalf of the additional in the performance of your ongoing insured(s) at the location of the covered operatons for the additional insured(s) at the operations has been completed; or location(s) designated above. 2. That portion of "your work" out of which However: the injury or damage arises has been put 1. The insurance afforded to such additional to its intended use by any person or or- insured only applies to the extent permit- ganization other than another contractor ted by law; and or subcontractor engaged in performing operations for a principal as a part of the 2. If coverage provided to the additional in- same project. sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement. or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) CITY OF HUNTINGTON BEACH PER FORM CG7002 2000 MAIN STREET HUNTINGTON BEACH, CA 92646 Location And Description Of Completed Operations CITY HUNTINGTON BEACH LANDSCAPE ARCHITECTURAL SERVICES CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92646 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to include as an additional insured the person(s) these additional insureds, the following is or organization(s) shown in the Schedule, but added to Section III -Limits Of Insurance: only with respect to liability for "bodily in- If coverage provided to the additional insured jury" or "property damage" caused, in whole is required by a contract or agreement, the or in part, by "your work' at the location des- most we will pay on behalf of the additional ignated and described in the Schedule of this insured is the amount of insurance: endorsement performed for that additional insured and included in the "products-com- 1. Required by the contract or agreement; pleted operations hazard". or However: 2. Available under the applicable Limits of Insurance shown in the Declarations; 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and This endorsement shall not increase the ap- 2. If coverage provided to the additional in- plicable Limits of Insurance shown in the Dec- sured is required by a contract or agree- larations. ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR— DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV, UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO —COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2017 Mercury Insurance Services,I.I.C. All rights reserved. MCASS100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 1 of 6 COMMERCIAL GENERAL LIABILITY CG88830412 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION - DESIGNATED PERSONS OR ORGANIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF HUNTINGTON BEACH PER FORM CG7002 Address 2000 MAIN STREET City State Zip HUNTINGTON BEACH, CA 9264E (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. The following is added to Paragraph a. Primary Insurance of Condition 4. Other Insurance under Section IV -Commercial General Liability Conditions : However, when the person or organization shown in the Schedule of this endorsement has been added as an additional insured to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "person's or organization's own insurance" provided that: (1) You have agreed in a written contract that this insurance is primary and non-contri butory, and (2) The "bodily injury", "property damage" or "personal and advertising injury" is: a. Committed subsequent to the execution of such contract, and b. This policy covers the "bodily injury", "property damage" or "personal and advertising in- jury B. For the purposes of this endorsement the following is added to Section V - Definitions "Person(s or organization's own insurance" means general liability coverage for damages for which the person or organization shown in the Schedule of this endorsement is designated as a Named Insured. © 2012 Liberty Mutual Insurance CG 88 83 04 12 Includes copyrighted material of Insurance Services Office, Inc..with its permission. Page 1 of 1 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY(Broad Form Named Insured) SECTION II - LIABILITY COVERAGE,A. Coverage, 1.Who Is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own SO%or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, A. Coverage, 1.Who Is An Insured, the following is added: e. Any"employee" of yours is an "insured"while using a covered "auto"you don't own, hire or borrow in your business or your personal affairs. III. AUTOMATIC ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured,the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or"property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION II - LIABILITY COVERAGE, A. Coverage, 1.Who Is An Insured,the following is added: g. An "employee" of yours is an "insured"while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, A. Coverage, 2.Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds(including bonds for related traffic law violations) required because of an "accident"we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to$500 a day because of time off from work. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 2 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II—LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers'compensation insurance in-force covering all of your"employees'. Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a.Transportation Expenses, is replaced with the following: We will pay up to$SO per day to a maximum of$1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its"loss'. If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. Vill. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III—PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: C. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss,or Collision coverages are provided under this coverage form for any"auto"you own, then the Physical Damage Coverages provided are extended to "autos"you hire, subject to the following limit: (1) The most we will pay for"loss' to any hired "auto" is$50,000 or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2017 Mercury Insurance services, LLC. All rights reserved. MCAS5100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance,the following is added: 4. In the event of a "total loss"to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply,we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25%of the actual cash value of that insured auto at the time of the loss. XI. GLASS REPAIR—DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived;or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company' means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM,SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident"applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2017 Mercury Insurance services,LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV- BUSINESS AUTO CONDITIONS,A. Loss Conditions, 5.Transfer of Rights Of Recovery Against Others To Us,section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident" or "loss", provided that the "accident" or"loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION,OR FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, B. General Conditions, 2.Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you,or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However,you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV— BUSINESS AUTO CONDITIONS, B. General Conditions, 5.Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your"employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV—BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the fallowing is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright 2017 Mercury Insurance services, LLC. All rights reserved. MCASS100817-CA Includes copyrighted material of Insurance services Office,Inc.,with its Permission Page 5 of 6 I C G Integrated Consulrin � Grqup January 12, 2022 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 ICG, Inc. is a Closed Corporation entity, which means that all current corporate officers also hold stockownership. In the state of California, under corporate law, officers that hold stock ownership may elect to exclude themselves from the California mandated workers compensation coverage. Our corporate officers are the only employees of the company and therefore, based on the above, the corporate officers decline to have worker's compensation. If you should have any questions please feel free to contact me at rscott@icg-inc.org or 909.203.7995 ext. 104. Kind Regards, j ez Rebecca Scott Principal, Administrative Director ICG, Inc. I 1 95 C Li n „ II i I I s Parku a c ri 2 ^ ? C It ins, II i I > Cs1i torn i �i 0170 ) P h 909 . 2I) 3 . 79 9 5 XVIII. HIRED AUTO-COVERAGE TERRITORY SECTION IV- BUSINESS AUTO CONDITIONS, B.General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The"insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V—DEFINITIONS, C. "Bodily Injury" is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 6 of 6 Waiver Procedure To request a waiver, indicate here❑and provide it brief description ( I —2 sentences)of the proposed work/project, its dollar value(if not a specific dollar amount, use an average,annual estimate or non-profit)and projected timeframe(per job or as-needed basis). For substantial dollar deductible/SIR amounts,a financial statement is required(Valance Sheet. Budget Reports, Dun& Bradstreet Report, etc.). Waiver Requested: Workers Comp. Encroachment Permit[] private Property Work Permit❑ Consultant Services❑ Other: proposed Work: On-Call professional Design fi Landscape Architecutral Services Dollar Value: On-Call Services Projected Timefrtme: 3 Year Contract to Continence 2022 ICG, Inc. is a Closed Corporation entity, which means that all current corporate officers also hold stock ownership. In the state of California,under corporate law,officers that hold stock ownership may elect to exclude themselves from the California mandated workers compensation coverage. Our corporate officers are the only employees of the company and therefore, based on the above,the corporate officers decline to have worker's compensation. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ „v,,%v.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk February 9, 2022 Integrated Consulting Group, Inc. Attn: Jeffrey Scott 4195 Chino Hills Parkway #222 Chino Hills, CA 91709-2618 Dear Mr. Scott: Enclosed is a fully executed copy of the 'Professional Services Contract between the City of Huntington Beach and Integrated Consulting Group, Inc. for As-Needed Professional Design/Landscape Architectural Services" approved by the Huntington Beach City Council on January 18, 2022. Sincerely, 4 � �&¢"4j4Ad Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand CITY OF HUNTINGTON BEACH On-Call Professional Design/ Landscape Architectural Services Rater#1 Rater#2 Rater#3 AVG David Volz Design Gllb Hirsch & Associate Integrated Consulting Group. Inc. Micheal Baker International, Inc. MIG. Inc. NUVIS Landscape Architecture RHA RJM Design Group, Inc. Site Scape Studio One Eleven SWA Verde Design