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HomeMy WebLinkAboutWalker Engineering, Inc. - 2022-01-21 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WALKER ENGINEERING, INC. FOR PROJECT MANAGEMENT SERVICES FOR OIL WELL ABANDONMENT THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City,"and WALKER ENGINEERING, INC.,hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated January 1, 2022, entitled"Professional Services Contract Between the City of Huntington Beach and Walker Engineering, Inc. for Project Management Services for Oil Well Abandoment"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Twenty-Five Thousand Dollars ($25,000.00). The additional sum shall be added to the original sum of Fifty Thousand Four Hundred Dollars ($50,400.00), for a new contract amount not to exceed Seventy Five Thousand Four Hundred Dollars ($75,400.00). 24-14638/340816 1 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 V lJ Li .261.11 zo2,L! , 2022. WALKER ENGINEERING,INC. CITY OF HUNTINGTON BEACH, a municipal corporation of of California By: print name ITS: (circle one)Chairma i' •R" ice President Ci4c Manager AND y.&2,c,C_ By: INITIATED AND APPROVED: 1(1`I , prin e Fire Chief ITS: (circle one eicreta Chief Financial Officer/Asst.Sec reasurer APPROVED • it Attorney RECEIVE ND FILE: eW011/44t, 9A0141714,414) City Clerk11212J-17 24-14638/340816 2 RECEWED JUG 2 6 2024 City of k4uhtitlgtou Ch City ,ttom(ty s Office V • WALKENG-01 S COTV ACORO° DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 7/11/2024 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Wpm. KHT Insurance 4521 S Hulen St.,Suite 120 PAX No,Exl):(817)336-2721 �(NC,No):(817)870.2520 Fort Worth,TX 76109 5aNkss: INSURER(S)AFFORDING COVERAGE NAIC INSURER A:Lloyds of London INSURED INSURER 9: Walker Engineering,Inc.DBA Evans&Walker INSURER C: P.O.Box 672 INSURER 0: Huntington Beach,CA 92648 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. 1CY EXP LTR TYPE OF INSURANCE p SUM POLICY NUMBER (MNWO/YYYYI (MMMIDI011 1 UMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE [1OCCUR DAMAGE TO RENTED PREMISES Ma occurrence) $ MED EXP(Any one person) $ PERSONAL&AOV INJURY $ GEN'L AGGRFOATS LIMIT RO APPLIES PER: GENERAL AGGREGATE $ ECT POUCY I I I I LOC PRODUCTS-COMP/OP AGG $ OTHER $ INED AUTOMOBILE LIABILITY (Ea accident)SINGLE LIMIT ANY AUTO BODILY INJURY(Per person) $ — OWNED SCHEDULED AUTOSRE ONLY AUUTTO.OSW D pBODILY INJURY(Per accident) $ AUTOS ONLY — AUTOS ONLY (Per aWdeflll AMAGE $ UMBRELLA LIAR _ OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S yyO���D��EO 1 RETENTION pER S AND alpl OYEftSENLISAABILITY � I STATUTE •ERH- ANY PRO MRIETgO���IXCINNERIEED?ECUTIVE r l N 1 A E.L EACH ACCIDENT $ (Mandatory In NH) E,L DISEASE•EA EMPLOYEE $ If yea deserts under DESCRIPTION OF OPERATIONS below .E.L.DISEASE-POLICY UMIT $ A Professional Llablit B0621PEVAN000723 12/812023 12/8/2024 Per Claim 1,000,000 A Professional Liabill B0621PEVAN000723 12/8/2023 12/8/2024 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) APPROVED AS TO FOR • V: MICHAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Cityof Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE Jo-g ACORD 25(2016/03) ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WALKER ENGINEERING, INC. FOR PROJECT IMANAGENIENT SERVICES FOR OIL WELL ABANDOIMENT THIS AGRL'EMEN"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 , a WALKER ENGINEERING, INC. hereinafter referred to as "CONSULTANT." WHEREAS. CITY desires to engage the services of a consultant to provide project management services for oil well abandonment; and Pursuant to documentation on file in the office of'the City Clerk. the provisions of the 1-funtington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 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 Thomas Walker, President; who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 22-10847274262 05/19-204133 1 of 13 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORNIANCE Time is of the essence of this Agreement. The services of CONSULTANT Ownusr.z�it are to commence on O , 20,2.2, (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 January 2, 2025 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 Fifty Thousand Four Hundred Dollars ($50.400.00). 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 22-108471274262 05/19-204133 2 of 13 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD 01' PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS. ESTIMATES .AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion. whichever shall occur first. These materials may be used by CITY as it sees fit. S- HOLD HARNILESS A. CONSULTANT hereby agrees to protect, defend; indemnify and hold harmless CITY, its officers; elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including; without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors. if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 22-10847rn4262 Of I 05/19-204133 J 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 indenmification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employces, 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 Nvillful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSUI:f ANI-'s proportionate percentage of fault. 1-lowever, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify. including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 22-10847/174262 05/19-20-1133 4 of 13 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 Nlillion 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 policy "deductible" of Ten Thousand Dollars (SI0,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof- that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election. to forthwith terminate this Agreement. Such termination shall not 22-I0847rz74262 05/19-2N 133 5 of 13 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-. B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner; the premiums on the insurance hereinabove required. 22-10847Q74262 05/19-204133 6 of 13 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. TEP-MINATION OF AGREENIEN"T All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT,s services hereunder at any time with or without cause. and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents; exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNIMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CTI Y. 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. 22-10847rz742e2 05/19-204133 7 of 13 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no Cfr), official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have anv financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices. certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid_ and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery; a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Walker Engineering, Inc. ATTN: Janice Van N'lullem, Fire Marshal ATTN: Thomas Walker 2000 Nlain Street 221 Knoxville Avenue Huntington Beach. CA 92648 Huntington Beach. CA 92648 22-108471274262 05119-2 04 133 8 of IJ 17. CONSENT When CTTY'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 sole1v for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe. or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF TI-IIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act 22-10847rz74262 05/19 204133 901, 13 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is herebv affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICA'rE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of-which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. 11MMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANTr 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 I-huuington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CrrY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 22-103471274262 05/19.204133 10 of I J 24. ATToiL\EY'S FILES In the event suit is brought by either party to construe, interpret and/or enforce the terns and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attomev's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing part,. 25. SURVIVAL Terns and conditions of this Agreement, which by their sense and contest 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 ternis of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 23. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements; promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf. which are not embodied in this Agreement; and that that party has not executed this Agreement in reliance on any representation, inducement, 22-10847r74262 05/19-204133 11 of 13 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits. contain the entire agreement between the parties respecting the subject matter of this Agreement; and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of' its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 22-10847t274262 05/19-203133 12 of 13 CONSULTANT, CITY OF HUNTINGTON BEACH, WALKER ENGINEERING, INC. a municipal corporation of the State of California By: 5 City Manager print narne INITIATED AND APPROVED: ITS: (circle one)Chairman/PMidentNice President AND Fire Chief By: APPROVED AST ORM: print name ITS: (circle one)SecremytChierFinanciai Officer/Asst. om y Secretary—Treasurer D e RECEIVE AND FILE: 9Qfa4ud,1� City Clerk Date 22-109e7m4262 03/19-204133 13 of 13 CONSULTANT, CITY OF HUNTINGTON BEACH, WALKER ENGINEERING, INC. a municipal corporation of the State of l, California By: 2;y I-��/ ----- City Manager `[yo r 4A3 print INITIATED AND APPROVED: ITS: (Nrcle one)Cn. •iM Prwiawt AND Fire Chief By: ��l�Y'— APPROVED AS TO FORM: Kt-aT,--in 1E 7 U1ALX print amm IT"le le ow)saoraary(atter Fbwcw orrice"[. City Attorney s fn? Trtourcr Date RECEIVE AND FILE: City Clerk Date 12-IO547274262 05119-204133 13 of 13 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Walker Engineer, Inc is to provide project management services for oil well abandonment for the City of Huntington Beach (City). Please refer to: 1) RFP for Project Management Services for Oil Well Abandonment (RIP Released by the City of Huntington Beach on November 1, 2021) 2) UP Response that was submitted by Walker Engineering, Inc for the City's RFP for Project Management Services for Oil \Vell Abandonment. B. CONSULTAN"f'S DUTIES AND RESPONSIBILITIES: See attached Exhibit Al. C. CITY'S DUTIES AND RESPONSIBILITIES: City shall assign a City employee to work directly with Walker Engineering, Inc. in the performance of this agreement. D. WORK PROGRAM/PROJECT SCHEDULE: The statement of work is to be completed by Walker Engineering, Inc. with an estimated 168 hours for an estimated total cost of$50,400. EXHIBIT A E\IIIBIT `B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Hourly Rate $300 (See Attached Exhibit A I for rate sheet) B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A 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 continents 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) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 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. Exhibit S WALKENG-01 SC CERTIFICATE OF LIABILITY INSURANCE DATE I ngZ2 YI THIS CERTIFICATE IS ISSUED AS A ;FATTER OF INFOR.IATION 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 BEI.OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: II the certificate holder is an ADDITIONAL INSURED,the policy(las)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 lion of such ondorsement s PRODUCER C CI KHT Insurance PHONE F , 4521 5 Hulon St.,Suite 120 v.,L NA E.q (817) 336-2721 I t= Nep(817)870-2520 Fort Worth,TX 76109 ' 11RF.RIS)AFFORDING COVERAGE NAIC M INsuRERAJ_lcyd s of London INSURED INSURER U' Walker Engineering,Inc.DBA Evans&Walker IN SUPERC: P.O.Box 672 INSURERDI Huntington Beach,CA 92648 SURER E: i INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUEDTOTHE I4SURED NAMEDABOVE FORTHE POLICY PERIOD INDICATED. NOTMTHSTANDING ANY REQUIREMENT. TERtA OR CONDITION OF ANY CONTRACTOROTHER DOCUMENTWTH RESPECTTOW ICH THIS CER]IFICATE AIAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI I IONS OF SUCH POLICIES.LIMITS SHOWN 14AY HAVE BEEN REDUCED BY PAID CLAIMS. P.SR TYPEOFINSURANCE AMIL SURE POLICY NUMBER POLICY EfF POLICY E%PI LIMITS 70m, RCIAL GENERAL DAOItItt CHa U 1 E W L!S AIAOE �0CCu2 DAIJAGETORB4TED� $ MUD EXP M-am uoRJ_ $ PERSONAL S AQV RI JURY GENTAGOR EUMII APPLIES PER: GENERAL AGGRE ATE S POIICY LOC PR Dl I - IMP PA $ n AUTOMOBILE LIAOWTY i��41cN�EO�5INGLE LIMIT S ANY AUTO BODILY INJURY Per Raw $ DY.T.'ED SCHEDULED AUTO�pS ONLY AUop!tl�10pp5`VA.������pp BODILY INJURY(Pm ecr100N1 S RLRiFO.R 0I4LY AUtO50NLY PolMR&YI NAAGE UMBRELLA LAD OCCUR EACH OCCURRENCE CE EXCESS UAe CWMS-IAAOE A GRE ATE _ OED RETE1910N$ 3 I"OaKERS COMPENSATION PER H. AND EMPLOYERS'LIABILITY J ANY IMPRlOPRIIETORPARTNEnECViNE E L EACH ACCIDENT OFinOi ��REXCLUCED7 NIA ory[ ✓n R yes,d..W.Wear 3 DE IPTION OF OPERATIONS be!. E.L.DISEASE-POLICY UNIT A Professlonal Liabili B0621PEVAN'000721 12/812021 12/812022 Per-Claim 1,000,000 A Professional Llahlll B0621PEVAN000721 12/8/2021 12/8/2022 Aggregate 1,000,000 DESCRIPRON OF OPEMTIONS I LOCARONS/VEIIICLES (ACORD TO:,Addlllonal Ranvrk.Schedule,maybe Reached U m e space is requite) APPROVE9-A FORM By: ^� h13CHAEL B. GATES CITY ATTORNEY CERTIFICATE OLDE C NC LA t T'T)F-HUrMNGTOtJ-3eA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City 0(HUnlin Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE PJILL BE DELIVERED IN Y 9 ACCORDANCE IVIfH THE PO'UCY PROVISIONS. 2000 Main Strout Huntington Beach,CA 92648 AumonlzEa nEPnssen;Ame ACORD 25(2016103) (D1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Switzer, Donna From: To, Bonnie Sent: Thursday, February 17, 2022 3:04 PM To: Switzer, Donna Subject: FW: Oil Well PM Hi Donna. Please see email that talks about the Walker Engineering bid process. If you have any questions or need more information. please let me know. Thank you, Bonnie To Principal Administrative Analyst Huntington Beach Fin Departrnant if 2000 Alain street.Huntngtw aeacn.CA 92648 W (714)536-5419 C (657)203-4a77 E Donnie to®surloty-no oro From: Eros, Steve<Steve.E ros@surfcity-h b.org> Sent: Tuesday, November 30, 2021 8:13 AM To: Anderson, Jennifer<Jennifer.Anderson@surfcity-hb.org> Cc: Van Mullem, Janice <Janice.VanMullem@surfcity-hb.org>; To, Bonnie <Bonnie.To@surfcity-hb.org> Subject: RE: Oil Well PM Jennifer, Thank you for forwarding the proposal from Walker Engineering. We have reviewed their submission and find it acceptable. We would like to award Walker Engineering the contract. Steve Eros 2000 M Fire Marshal HUNTINGTON BEACH FIRE DEPARTMENT I 2000 Mom Street. H.- .;A 92648 W 714 536 5531 E sWe Eras®aurtaty-M.ye NEWI Customer Satisfaction Survey for Fire Prevention Important Message: —The City of Huntington Beach has transitioned to a new permit management system for all government services. This new system empowers our customers with the ability to submit applications and enjoy other online services 24 hours a day, seven days a week. Please visit our HELP CENTER to create an account and to discover the other services that are now available online Thank you for your patience and understanding during this transition •^ 1 From: Anderson,Jennifer<Jennifer.Anderson@surfcity-hb.org> Sent: Tuesday, November 30, 2021 7:34 AM To: Eros, Steve <Steve.Eros@ surf city-hb.org> Subject: RE: Oil Well PM Good morning Steve, The RFP closed yesterday at 4pm and we only received one proposal from Walker Engineering. Since it is just one I will let you review and can share with your team. If you believe the proposal meets the requirements and is considered a responsive submission then can award from that one submission. If you are not happy with the submission then reach out and we can discuss other options for these services. Thank you, Jennifer Anderson Senior Buyer Jennifer.anderson(a)surfcity-hb.org (714) 374.1569 From: Eros, Steve <Steve.Eros@surfcity-hb.orQ> Sent: Monday, November 29, 2021 4:14 PM To: Anderson, Jennifer<Jennifer.Anderson@surfcity-hb.orQ> Subject: Oil Well PM Jennifer, I see that our PlanetBid post for PM Services has closed. What is the next step in the process? Steve Eros Deputy Fire Marshal NUNTINGTON BEACH FIRE DEPARTMENT 2GJG Ma n Sl:eet 9eae^ CAS ._.. W 714 536 5531 E 51eye Eroe2surlpN-111)70 NEW!Customer satisfaction survey for Fire Prevention Important Message: —The City of Huntington Beach has transitioned to a new permit management system for all government services. This new system empowers our customers with the ability to submit applications and enjoy other online services 24 hours a day, seven days a week. Please visit our HELP CENTER to create an account and to discover the other services that are now available online. Thank you for your patience and understanding during this transition 2