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HomeMy WebLinkAboutAGA Engineers, Inc. - 2022-04-19 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AGA ENGINEERS,-INC. FOR ON-CALL TRANSPORTATION ENGINEERING SERVICES 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 AGA ENGINEERS, INC., a California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated April 19, 2022, entitled"Professional Services Contract Between the City of Huntington Beach and AGA Engineers, Inc. for On-Call Transportation Engineering Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to extend the term, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until April 18, 2026. 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 MA, ,_ 2O1 , 2025. 25-15919/367732 1 CONSULTANT, CITY OF HUNTINGTON BEACH, a AGA ENGINEERS, INC. municipal corporation of the State of California r'1 By: f2vB En/ PEtaigvas print name Mayor ITS: (circle one)Chairman/President/Tce Presiden AND City Clerk By: �' INITIATED AND APPROVED: ite* S print name ITS: (circle o a ► - .r) hief Financial Director of Public Works Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: City Attorney COUNTERPART 25-15919/367732 2 CONSULTANT, CITY OF HUNTINGTON BEACH, a AGA ENGINEERS, INC. municipal corporation of the State of California By: print name May r ITS: (circle one)Chairman/PresidentNice President AND Ci lerk By: INITIATED N APPROVED: print name ITS: (circle one)Secretary/Chief Financial Director of Public Works Officer/Asst. Secretary-Treasurer APPR VED AS TO FORM: Ci Attorney COUNTERPART 25-15919/367732 2 Engineers, Inc. Billing Rates January 2025 President/Executive Vice President $ 295 Vice President $ 270 Director of Project Development $ 250 Principal Transportation Engineer/Principal Engineer $ 250 Senior Design Engineer/Senior Transportation Engineer II $ 230 Senior Transportation Engineer I $ 220 Senior Project Engineer& Project Manager $ 210 Senior Project Engineer/Senior Associate $ 200 Transportation Engineer III/Advanced System Integrator $ 200 Transportation Engineer II $ 190 Transportation Engineer I/Senior System Integrator $ 180 Senior Signal Systems Specialist/Construction Inspector $ 180 Design Engineer/Signal Systems Specialist III $ 170 Associate Transportation Engineer III/Systems Engineer II $ 165 Associate Transportation Engineer II/Signal System Specialist II $ 155 Signal System Specialist I/Project Coordinator $ 145 Associate Transportation Engineer I /Associate Engineer II/Systems Engineer I $ 145 Associate Engineer I/Signal Technician II $ 135 Assistant Engineer/Assistant Project Coordinator $ 130 Signal Technician I $ 120 Transportation Engineering Assistant $ 110 Engineering Aide III $ 100 Traffic Enumerator/ Engineering Aide II $ 85 Engineering Aide I $ 75 Council/Commission Meetings, Hearings, etc. (Billing Rate+$50 Surcharge) $ 1,000 Subconsultants will be billed at cost plus 20% Our rates are all inclusive and will remain firm for the duration of the contract.All direct and indirect costs (i.e., mileage,equipment, materials, reproduction and printing, etc.) are included in our fees. Conditions of Usage: The above rates are typically effective for a 12-month period, but AGA maintains the right to change the billing rates at any time for convenience of record keeping. Therefore, all billings will always be at the then current billing rates. This will not affect any agreed upon total or not-to-exceed fees. AGA Engineers, Inc. 211 Imperial Highway,Suite 208, Fullerton,CA 92835 (714)992-4592 Email: aga@agaengineersinc.com \/('J(.... ^ ® A Q DATE(MM/DDWYYY) CERTIFICATE OF LIABILITY INSURANCE 7/8/2024 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 CONTACT NAME: _ Betty Tran IOA Insurance Services PHONE FAX 130 Yantis, Suite 250 (A/C.No.Exq- 949-297-5962 _ -(ANC,No): 949-297-5960 Aliso Viejo, CA 92656 E-MAILSS: betty.tran(a)_ioausa.com INSURER(S)AFFORDING COVERAGE NAIC N www.ioausa.com CA License#0E67766 INSURER A: RLI Insurance Company 13056 INSURED INSURER B: RSUI Indemnity Company 22314 AGA Engineers, Inc.211 E. Imperial Hwy., Suite 208 INSURER C: Continental Casualty Company 20443 Fullerton CA 92835 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 80851743 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 BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR wVD (MMIDDJYYYY) IMM/DDIYYYYI A ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ PSB0008919 7/1/2024 7/1/2025 EACH OCCURRENCE $1,000,000 Blanket Al and DAMAGE Tb RENTED _ CLAIMS-MADE / OCCUR PREMISES(Ea occurrence) $1,000,000 ndt ✓ Primary/Non-Contributory Prim/NonCon04021 ;Blanket (Any #PPB3040212;Blanket Wvr MED EXP one person) $10,000 ✓ 'Waiver of Subrogation of Subr Endt#BP04970106 PERSONAL&AM/INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: Professional Services GENERAL AGGREGATE s 2,000,000 POLICY I/1 PROCT I-✓1 LOC performed by the Insured JEPRODUCTS-COMP/OP AGG s 2,000,000 ./ OTHER'Form#PPB3161113 are Excluded Deductible SO A AUTOMOBILE LIABILITY ✓ ✓ PSA0002928 7/1/2024 7/1/2025 (Ee sBadenlSINGLE LIMIT $1,000,000 ✓ ANY AUTO Blanket AI,Prim/NonCon BODILY INJURY(Per person) S OWNED SCHEDULED and Blanket Wvr of Subr BODILY INJURY(Per accident) S AUTOS ONLY _ AUTOS included on pg 2 of Form - ✓ HIRED AUTOS ONLY ✓ AUTOS ONLY #PPA3000313 Pe08�de DAMAGE $ ✓ Prim/NonCon ✓ Wvr of Subr Deductible SO B UMBRELLA LIAB ✓ OCCUR NHA601729 7/1/2024 7/1/2025 EACH OCCURRENCE s2,000,000 ✓ EXCESS LIAB CLAIMS-MADE Follow Form;Excl Prof AGGREGATE $2,000,000 Liability DED / RETENTION$O S A WORKERS COMPENSATION / PSW0004954 7/1/2024 7/1/2025 / STATUTE ERH Deductible-$0 AND EMPLOYERS'LIABILITY Y/N USL&H Included; A F ROPRIET�XCLUDEEXECUTIVE y NIA Blanket Waiver of E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) Subrogation Endt E.L.DISEASE-EA EMPLOYEE S i.000.000 If yes,describe under DESCRIPTION OF OPERATIONS below #WC0403060484 E.L.DISEASE-POLICY LIMIT S 1,000,000 C Professional Liability MCH591940711 7/1/2024 7/1/2025 $3,000,000 Each Claim Claims-Made $3,000,000 Annual Aggregate $25,000 Each Claim Deductible DESCRIPTION OF OPERATIONS(LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Any person or organization that Insured agrees in a contract or agreement requiring insurance to include,is an Additional Insured with respect to General Liability(GL)and Automobile Liability,but only to the extent provided within the Endorsements noted above and attached. GL includes Separation of Insureds and Contractual Liability per limitations in the BusinessOwners'Coverage form. A Work Alt gr& I r any person or organization that Insured is required to waive rights of recovery against in a written contract or a reement, ut only to the exte t provided within the Endorsement noted above and attached. Coverage is subject to all policy terms,conditions,limitations and exclusions. B MICHAEL J.VIGLIOTTA CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY r All Traffic Engineering Services of the Insured CITY OF IIUNTINCT( :.;ahl. H SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE �--717 I (AVC)Alicia K.Igram ________62 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 80851743 17/24-25 GL/AUTO/EXCESS/EC/PL Blanket Endts I Pauline Bingham 17/8/2024 11:19:04 A14 (PDT) I Page 1 of 19 • AGENCY CUSTOMER ID: LOC#: ACIOR D ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED IOA Insurance Services AGA Engineers Inc. 21UE oInm A a2-18w ,Suite 208 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03/16) HOLDER:City of Huntington Beach ADDRESS:2000 Main Street Huntington Beach CA 92648 Description of Operations Continued: 30 Day Notice of Cancellation / 10 Days for Non— Payment in accordance with policy provisions. • • ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 80851743 17/24-25 GL/AUTO/EXCESS/I:C/PI.Blanket Endts I Pauline Bingham 17/8/2024 11:19:04 All (PDT) 1 Page 2 of 19 Policy Number: PSB0008919 RLI Insurance Company Named Insured:AGA Engineers, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II—LIABILITY , < C WHO IS AN INSURED:is amended to:include';as additional insured under this policy must-apply o.n a an additional insured`any person or organization that ;i primary basis or a primary and: non contributory you agree in a contract or agreement requiring basis,>this insurance is primary. to other:insurance insurance to!include as.an additional insured on this ..that:i5 available to; such :;additional insured which policy, but only with respect to liability::for "bodily covers such additional insured as 'a named insured in u " ro; ert dama e" or . '"'ersonal and 'and we will :;not share with that other ;insurance, rY p P Y 9. P advertising injury" caused in whole or in-part by you provided that: or those acting on your behalf he "bod ury" or "pia age"`far a: T ily ink perty dam a In the performance of your ongoing operations, which coverage s.sought occurs after you have b In connection with prerrises," owned by or rentetl entered Info that;contract or agreement, or to:you; or; b Tfe "personal and advertising injury`' for which c In.connection with "your work' and Included coverage: is sought arises out of a:n offense within the "productcompleted operations committed after... you .have entered; into that confract;or agCeernent; hazard 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited asfollows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — • any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your behalf, under a contract or agreement with that c. This endorsement does not increase any of the limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3 The following is added to:;SECTI.ON III H 2 Other organization entered into by you before the "bodily Insurance - COMMON POLICY CONDITIONS injury" or"property damage"occurs, or the "personal {BUT;APPLICABLE ONLY TO' SECTION II and advertising injury"offense is committed. LIABILITY) .However, if you specifically agree in a..contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts 1 Pauline Hingham 1 7/8/2024 11.19.04 AM (PDT) 1 Page 3 of 19 POLICY NUMBER: PSB0008919 BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured:AGA Engineers, Inc. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE • Name Of Person Or Organization: Any person or organization that you are required to waive rights of recovery against in a written contract or agreement, even if you have not entered in to a written contract with that person or organization. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us. in Section III -- Common Policy Conditions is amended by;the addition.of the; following: We waive any right of recovery we may have against' the person or organization shown in the Schedule above! because of `payments .we make for injury or damage arising out! of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products completed; operations hazard". This waiver. applies only to the person or organization shown in the Schedule above BP 04 97 01 06 ©ISO Properties, Inc., 2004 Page 1 of 1 0 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endta 1 Pauline Bingham 1 7/8/2024 11:19,04 AM (PDT) 1 Page 4 of 19 Policy Number PSB0008919 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. APPLICABLE FORMS & ENDORSEMENTS FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF ISSUE. Form Number Form Title PPB101 01 22 RLIPack BUSINESSOWNERS COVERAGE FORM PPB300 0610 RLIPack ERISA ENDORSEMENT PPB301 01 18 RLIPack FOR DESIGN PROFESSIONALS PROPERTY ENHANCEMENT PPB303 06 10 RLIPack ASBESTOS EXCLUSION PPB304 02 12 RLIPack FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT PPB306 06 10 RLIPack EXCLUSION- DESIGNATED OPERATIONS PPB307 06 10 RLIPack DISCRIMINATION EXCLUSION PPB310 06 10 RLIPack LEAD EXCLUSION PPB312 09 13 RLIPack FOR DESIGN PROFESSIONALS PROFESSIONAL SERVICES EXCLUSION PPB313 02 12 RLIPack FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT PPB316 11 13 RLIPack FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT PPB318 02 15 RLIPack EQUIPMENT BREAKDOWN ENDORSEMENT PPB319 11 10 RLIPack GREEN PROPERTY ENDORSEMENT PPB361 01 22 RLIPack® PFAS EXCLUSION PPK2107 05 11 RLIPACK NOTICE OF CANCELLATION OR NONRENEWAL INCLUDING NONPAYMENT OF PREMIUM DESIGNATED PERSON OR ORGANIZATION BP0417 01 10 EMPLOYMENT-RELATED PRACTICES EXCLUSION BP0497 0106 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US BP0498 07 13 EMPLOYEE BENEFITS LIABILITY COVERAGE BP0501 07 02 CALCULATION OF PREMIUM BP0515 12 20 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT BP0517 0106 EXCLUSION-SILICA OR SILICA-RELATED DUST BP0523 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM BP0577 0106 FUNGI OR BACTERIA EXCLUSION (LIABILITY) BP1203 01 10 LOSS PAYABLE CLAUSES BP1506 05 14 EXCLUSION-ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION (PERSONAL AND ADVERTISING INJURY ONLY) BP0155 07 20 CALIFORNIA CHANGES ILF0001 04 22 SIGNATURE PAGE ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. RIL 2150 (08/08) Page 1 80851743 1 7/24-25 GL/ADTO/EXCESS/WC/PL Blanket Endte 1 Pauline Bingham 1 7/8/2024 11:19:04 AM (PDT) 1 Page 5 of 19 Policy Number: PSB0008919 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. First Aid And Good Samaritan Services B. Supplementary Payments C. Reasonable Force—Bodily Injury Or Property Damage D. Non-Owned Watercraft E. Canoes Or Rowboats F. Damage To Premises Rented To You G. Aircraft Chartered With Crew H. Electronic Data Liability I. Who Is An Insured—Newly Acquired Or Formed Organizations J. Who Is An Insured—Unnamed Partnership Or Joint Venture K. Additional Insured—Owner, Manager Or Lessor Of Premises Or Leased Equipment L. Additional Insured—State Or Political Subdivisions—Permits Related To Premises Or Operations M Gene_ral Aggregate Limit Per Project Or Per_Locationh N. Knowledge And Notice Of Occurrence Or Offense O. Amended Bodily Injury Definition P Amen_ded Insured Contract Definition Construction Or Demolition Operations Within 50'Of Railroad3 Q. Amended Personal And Advertising Injury Definition—Electronic Material R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us PPB 316 11 13 Page 1 of 7 B0651743 1 7/24-25 GL/AIITO/EXCESS/WC/PL Blanket Endts 1 Pauline Bingham 1 7/B/2024 11.19.04 AM (PDT) 1 Page 6 of 19 This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM—SECTION II—LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY ONLY A. First Aid And Good Samaritan Services a. Expected or Intended Injury 1. The following is added to Section II A.1. "Bodily Injury" or "property damage" ex- Business Liability Coverages pected or intended from the standpoint of We will pay those sums that the insured the insured. This exclusion does not apply to becomes legally obligated to pay as damages "bodily injury" or"property damage" resulting because of"bodily injury"arising out of either the from the use of reasonable force to protect rendering of or failure to render, "First Aid" or persons or property. "Good Samaritan Services" to any person. For D. Non-Owned Watercraft the purposes of this coverage grant, "First Aid" 1. Section ll B.1.g. Exclusions, Aircraft, Auto Or or"Good Samaritan Services"will be deemed to Watercraft Subparagraph (2) is deleted and meet the definition of "occurrence". For the replaced by the following: purposes of determining the applicable limits of insurance, any act or omission together with all (2) A watercraft you do not own that is: related acts or omissions in the rendering of (a) Up to seventy-five(75)feet long; and "First Aid" or "Good Samaritan Services" to any one person will be deemed one"occurrence". (b) Not being used to carry persons or a. "First Aid" means initial care for medical property for a charge; attention immediately following a "bodily 2. Only as respects to the insurance provided by injury". this provision C. Who Is An Insured is b. "Good Samaritan Services" means medical amended to include as an insured any person attention provided in an emergency and for who, with your express consent uses the which no remuneration is demanded or watercraft. received. 3. The insurance provided by this provision shall 2. The insurance provided by this provision shall be excess over any valid and collectible other be excess over any valid and collectible other insurance available to the insured, whether insurance available to any insured whether primary, excess, contingent or on any other primary, excess, contingent or any other basis, basis, except for the insurance purchased except for insurance purchased specifically by specifically by you to apply in excess of the you to apply in excess of the limits of Insurance Limits of Insurance shown in the declarations for shown in the declarations for Business Liability. this Coverage Part. B. Supplementary Payments E. Canoes Or Rowboats Section II A.1.f. Coverage Extension — The following is added to the exceptions contained Supplementary Payments Paragraphs 1.(b) and in Section II B.1.g. Exclusions, Aircraft, Auto Or 1.(d)are deleted and replaced with the following: Watercraft: (b) Up to $2,500 for the cost of bail bonds required (6) Any non-motorized canoe or rowboat owned by because of accidents or traffic violations arising the insured. Only as respects to the insurance out of any vehicle to which Business Liability provided by this provision C. Who Is An Coverage for "bodily injury" applies. We do not Insured is amended to include as an insured have to furnish these bonds. any person who, with your express consent, uses any such canoe or rowboat. (d) All reasonable expenses incurred by the insured F. Damage to Premises Rented to You at our request to assist in the investigation or defense of the claim or "suit", including actual 1. The last paragraph of Section II B.1. Ex- loss of earnings up to $500 a day because of clusions — Applicable To Business Liability time off work. Coverage is deleted and replaced by the C. Reasonable Force — Bodily Injury Or Property following: Damage , Exclusions c., d.,e.,f., g., h., i., k., I., m., n.and Section II B.1.a. Exclusions, Expected Or o. in SECTION II — LIABILITY do not apply to Intended Injury, is deleted and replaced by the damage by water, fire, explosion, lightning, or following: smoke resulting from fire to premises while PPB 316 11 13 Page 2 of 7 80851743 17/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endta 1 Pauline Bingham 1 7/8/2024 11,19:04 AM (PDT) 1 Page 7 of 19 rented to you, or temporarily occupied by you cells, data processing devices or any other with permission by the owner. A separate media which are used with electronically Damage To Premises Rented To You Limit of controlled equipment. Insurance applies to this coverage as described 3. For the purposes of the coverage provided by in paragraph D. Liability And Medical this endorsement, Section II F. Liability And Expenses Limits of Insurance in SECTION II— Medical Expenses Definitions, Paragraph 17. LIABILITY. is deleted and replaced by the following: 2. Section II F.9.a. Liability And Medical 17. "Property damage" means: Expenses Definitions, is deleted and replaced by the following: a. Physical injury to tangible property, including all resulting loss of use of that a. A contract for a lease of premises. However, property. All such loss of use shall be that portion of the contract for a lease of deemed to occur at the time of the premises that indemnifies any person or physical injury that caused it; organization for damage by water, fire, explosion, lightning, or smoke resulting from b. Loss of use of tangible property that is fire to premises while rented to you or not physically injured. All such loss of temporarily occupied by you with permission use shall be deemed to occur at the of the owner is not an"insured contract"; time of the "occurrence" that caused it; or 3. This provision does not apply if coverage for c. Loss of, loss of use of, damage to, Damage To Premises Rented To You is ex- cluded by another endorsement to this policy. corruption of, inability to access, or in- ability to manipulate "electronic data", G. Aircraft Chartered With Crew resulting from physical injury to tangible 1. The following is added to the exceptions property. All such loss of "electronic data" shall be deemed to occur at the contained in Section II B.1.g. Exclusions, time of the"occurrence"that caused it. Aircraft,Auto or Watercraft: dis- (6) Anynon-owned aircraft chartered toyou d. Property damage does not mean closure of, display of, or theft or mis- with a crew including a pilot. appropriation of electronic data however 2. The insurance provided by this provision shall caused. be excess over any valid and collectible other For the purposes of this insurance, insurance available to the insured whether "electronic data" is not tangible property. primary, excess, contingent or on any other basis, except for insurance purchased specif- I. Who Is An Insured — Newly Acquired Or Formed ically by you to apply in excess of the Limits of Organizations Insurance shown in Declarations. The following is added to Section II C. Who Is An H. Electronic Data Liability Insured: 1. Section II B.1.q. Exclusions is deleted and Any organization you newly acquire or form, other replaced by the following: than a partnership, joint venture or limited liability company, over which you maintain ownership or q. Electronic Data majority interest, will qualify as a Named Insured if Damages arising out of the loss of, loss of there is no other similar insurance available to that use of, damage to, corruption of, inability to organization. However: access, disclosure of, display of, theft or 1. Coverage under this provision is afforded only misappropriation of or inability to manipulate until the one hundred eightieth (180th) day after "electronic data". However this exclusion you acquire or form the organization or the end does not apply to"Property Damage". of the policy period,whichever is earlier; 2. The following definition is added to Section II F. 2. Coverage does not apply for "bodily injury" or Liability And Medical Expenses Definitions: "property damage" that occurred before you "Electronic data" means information, facts or acquired or formed the organization. programs stored as or on, created or used on, or 3. Coverage does not apply for "personal and transmitted to or from computer software advertising injury" arising out of an offense (including systems and applications software), committed before you acquired or formed the hard or floppy disks, CD-ROMS, tapes, drives, organization. PPB3161113 Page3of7 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts 1 Pauline Bingham 1 7/8/2024 11.19:04 AM (PDT) 1 Page 8 of 19 4. This provision does not apply to any (1) Only if the"bodily injury", "property dam- organization for which coverage is excluded by age" or"personal and advertising injury" another endorsement to this policy. is caused, in whole or in part, by you or J. Who Is An Insured — Unnamed Partnership Or any person or organization performing Joint Venture operations on your behalf, and arises out of the ownership, maintenance or 1. The last paragraph of Section II C. Who Is An use of that part of any premises leased Insured is deleted and replaced by the to you under that contract or agreement; following: or No person or organization is an insured with (2) The"bodily injury", "property damage" or respect to the conduct of any current or past "personal and advertising injury" is partnership, joint venture or limited liability caused, in whole or in part, by you or company that is not shown as a Named Insured any person or organization performing in the Declarations. However this limitation does operations on your behalf, and arises not apply to your liability with respect to your out of the maintenance, operation or use conduct of the business of any current or past of equipment leased to you by such partnership or joint venture: additional insured. a. That is not shown as a Named Insured in 2. The insurance provided to such additional in- the Declarations; and sured under this provision is subject to the b. In which you are a member or partner but following: only if: a. The limits of insurance afforded to such (i) Each and every member or partner in additional insured shall be the limits which that joint venture or partnership is not a you agreed to provide in the contract or construction contractor; and agreement, or the limits shown in the Declarations, whichever are less; and (ii) The joint venture or partnership is not providing construction contracting b. The insurance afforded to such additional services. insured does not apply: 2. This provision does not apply to any person or (1) To any "bodily injury" or "property dam- organization for which coverage is excluded by age" that occurs, or "personal and another endorsement to this policy. advertising injury" caused by an offense 3. The insurance provided by this provision shall committed, after you cease to be a tenant in that premises; be excess over any valid and collectible other insurance, whether primary, excess, contingent (2) To any structural alterations, construc- or on any other basis, which is available tion or demolition operations performed covering your liability with respect to your by or on behalf of such additional conduct of the business of any current or past insured; partnership or joint venture that is not shown as a Named Insured in the Declarations and which (3) To any premises for which coverage is is issued to such partnership or joint venture. excluded by another endorsement to K. Additional Insured — Owner, Manager Or Lessor this Coverage Part; Of Premises Or Leased Equipment (4) To any "bodily injury" or "property dam- Section II C. Who Is An Insured is amended to age" that occurs, or "personal and include as an insured: advertising injury" caused by an offense committed, after the equipment lease 1. Any person or organization that you have expires; or agreed in a contract or agreement to include as an additional insured on this policy, but: (5).If the equipment is leased with an operator. a. Only with respect to liability for"bodily injury" or "property damage" that occurs, or 3. This provision does not apply on any basis to "personal and advertising injury" caused by any person or organization for which coverage an offense committed, after you have as an additional insured specifically is added by entered into that contract or agreement; and another endorsement to this policy. PPB 316 11 13 Page 4 of 7 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts 1 Pauline Bingham 1 7/8/2024 11.19,04 AM (PDT) 1 Page 9 of 19 L. Additional Insured — State Or Political ;.,:.:_;;:;:::: �;i; i' is:•twice the::.Liabill.ity;:.and:Medical Expenses Subdivisions — Permits Related o Premises Or Operations :The:„a re`ate:::limit.:::for':.;all::"bod'il in�u" "::':and:: 9g .9 • Y .Jry . .. Section II C. Who Is An Insured is amended to '.. property '''damage > medical ::expenses: and include as an insured: ..:::..:: .. personal and ` .a vertising .injury" other than` . . 1. Any state or political subdivision that has issued •bodily;.:injury' or:property damage,„,included...in : ::': the ::"products-completed operations': hazard':;; a permit in connection with premises owned or • applies s:eparately to each. of your; "projects' occupied by, or rented or loaned to, you, but » away.;from:premises..owned:; or: occupied;;;by.: „ only with respect to bodily injury", property ou or to each of our "locations" owned. by:or.. damage", "personal and advertising injury" .... .. .. . led. ou. .: .:...:::.;:; :::::„„::::::: arisingout of the existence, ownership, use, „:::. .:occu.P................ Y y maintenance, repair, construction, erection or ' ..- " jects'' Pro acts..mean;an area away from;pram:5es;; removal of advertising signs, awnings, canopies, owned..by or rented:to you :at which you are'; cellar entrances, coal holes, driveways, man- m;;:.: .:..or......ope.......... s.pursuant;to; „:;,contract:or holes, marquees, hoist away openings, sidewalk .."' : :•.agreement :For the.purposes;:of'determining,:the;; vaults, elevators, street banners or decorations ,:: . papplicable::"aggregate imit: 'of":insurance;';each for which that state or political subdivision has " ro•ject at the me sa ":'location" ::..shall be :;::::„:::::::::::::::::::::::::co s ered.a:.sin le: ro ect..•.:::::..:: ::::::::::::::::::::::::::::::::::„:::.:::::::::::::::.: : issued such permit. -.:::.. :::::........:n...._ld ........::....:.:. ...9 ...P. 1 ::::: :.:::: ::::::::: ::::::::::: :::::::: :::::::......................................... . .............. 2. Any state or political subdivision that has issued • ;;;;; ;;;„;:;;;;For,..the:.purposes::.o this :•pro. v...ision;:::.`:lo.:..c..:a-...t.. on"„„ • . .::.:.:::::.:::::::::.::a permit, but only with respect to "bodilyinjury, means......:: : ::.:: ::. ..: ..: . . ...... ::::::::::::::::: : :.:::: ::::::::::: :: :: :::::Pro"property damage",� Personal and advertising ;;; ;;;;;,;;1. Prem)sesiny.olv)ng.tfe;same'or connecting injury arising out of operations performed by lots; : ;:.. you or on your behalf for which that state or political subdivision has issued such permit. P • Premises w ere:;connect io.n,:is„„;in..e...rr.up e However, no such state or political subdivision is only`by a street, roadway, waterway or right an insured for: ;:: : of way of a.railroad;.or ..:. : :::;: ;;;;;; 3 :P.remises.where:operations.are performed in a. "Bodily injury", "property damage", "personal . and advertisinginjuryarisingout of o - :.:. • • sections stages:or pl ases.as;.a_con.tinuation: P performed for that state orpolitical • o, the:`same:contract or agreement even•if • erations " subdivision; or '::::::::'';:the premises do:ntot involve connecting:lots::• b. "Bodily injury or"property damage" included ;. Subject to Paragraph,a:;or;b,above,':whichever within the "products-completed operations a lies the Dama a To Premises Rented To hazard". -° : You.:..:.:: Li.:.mit:.i s;the;mostwewilal;pay for:dama ges . -::::::::::.:::.:::::.:.... ..: . ::::.:. :. ecau:se....of. s poperty.•damge»:::to: any:::one.M :General::A re ate.::Limit °Per.::Pro ect.•Or:Per;:;:;:::;.:., .. pre:m-ses while rentedtoyou orin the case of .. oca ion . . .. : , . fire; ex..losion;:.b htnm ;:.:;amoke.resultin .:::from' " :.... Section::;„II.' :.D. Liability And:::.•Me ica.„:...x senses.: „'::: .:Such.. ire; explos on:.or I nln or water.::w.ile:: ::::::..... . Y Limits' of` Insurance,•'"'Para rr:a.h .4_• A4gte ate:. .r.. hte...:.:to:-you:or:empor..ari y°;:occupie „E!py:.-you• 999. Limits..::is:deleted and. .:rre .laced b ;;the„followin :::::::;4::. AggregateLimits'; ::::,:.:.::::.. :;:::::::::;.::.;::: : ::::::::; :::::::. The:,:Limits:;':::of Insurance:::::of: SECTION:::.,It::.. l:l :The most we will a for:- :: • „ . ....„ : : ,:, : annual: er)od::acid::to:an : reman'iierio'd�of :-..::.;:::: : ::::: : All"'b dil .:.in a :...and:::::: ro pert dama a::that.,..,..:.:::.:.. _:,:::: . o Y J ry...........:..::::...P.. P.....:._Y.:.:-.....:::.:....:9:.: ::;::.;:::... less.:.:t.h...an;:.twelve: 12 :monthstartin. ...wtth:the::: ro ucts.-.com leted.:::::::::::::::.. )s..::.:;mcu •e ::: in;:::::::::...:e:::::..P .. ..:... ::... :.:..P :.:. ;:..... be innm of.-the::::: olic eriod :shown°: it :::the :::::::::.:: :: :o erations:..hazard"::.is twic :the iabilit�.:::an... ;;:::::::. ..-::::::: - ::::. sun:... ..... .::..:. ....::...:.:.:::...:.:.:.: -::... R Y..:.::: .::..::..:...:.... Dec[drat)ons, . :u...n..le:ss ..:the:::. _ol)c..„ ::: en.o:..d::;�s..: ;. ... a ica : x ernses im)..: ;::::::;.::.: :.:,.: :: .:. :. . p .......:. ... . .. .:::-::::::::::::::::::::.:... .:.: ;.:; extendeda.:,_er: s..s...uance or an a i bona per)o .: .:...:. ase' tf:e. .:. All. :-:.:;:.;.: :..;:::.::::;:;:::: ::::::: ..:.._: .: .:. ..:.: :..... of less;ah;an twelve;(:1:2);:monfhs.:In that.c' .::: ::::::.:.....: -:;.: addition.„.. :.enod;will be deemed part ofatie;oast: (I).::::.Bodil )n ur ..:;:.and..:.. ro ert dama e.." . : ..... .......... recedin. .. _erlod:forpurp'oses of.determ .n..ing the:::: ex.. t:.dama es..because of bo.d...il. .::.n . .. -. -... .. • Limits:Of, : :.:.:...........:.:::::.:::::::::::::::: ::. ur or ro ert dama a included m ;l .Y:: p: c Y_:::.:. N. And Notice Of OccurrenceO -:. Knowledge n o ice r -: :::::::: the': ;::productscompleted • operations;;:;;::;: :: hazard.°; :.:.. Offense E. . ,(2) Plus:medical„expenses; Section II E 2 Liability :: .. . _ . .. .. , Conditions, ,.:.::;;;;;;;;:;,.::;;;:::.:. ,,...,... ; and Medical Expenses General :.: . ',.(3) ••Pius._all::."personal:and advertising injury Duties In The Event of Occurrence, Offense, caused;by offenses committe Claim Or Suit: PPB 316 11 13 Page 5 of 7 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts 1 Pauline Bingham 1 7/8/2024 11:19.04 AM (PDT) I Page 10 of 19 Notice of an "occurrence" or of an offense which Protective Liability insurance available to an may result in a claim must be given as soon as insured , whether primary, excess, contingent or practicable after knowledge of the "occurrence" or on any other basis, except for the insurance offense has been reported to you, one of your purchased specifically by you to apply:m excess "executive officers" (if you are a corporation), one of of; the Limits of Insurance; shown in :the your partners who is an individual (if you are a declarations for this Coverage Part partnership), one of your managers (if you are a Q. Amended Personal And Advertising Injury limited liability company), one of your trustees who is Definition—Electronic Material an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager 1. The definition of "personal and advertising or administrator) designated by you to give such , injury" in Section II F.14.d. Liability And notice. Medical Expenses Definitions is deleted and Knowledge by any other "employee" of an "occur- replaced by the following: rence" or offense does not imply that you also have d. Oral, written or electronic publication, in any such knowledge. manner, of material that slanders or libels a person or organization or disparages a Notice of an "occurrence" or of an offense which person's or organization's goods, products may result in a claim will be deemed to be given as or services; soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation, 2. The definition of "personal and advertising accident, or health insurer. This applies only if you injury" in Section II F.14.e. Liability And subsequently give notice of the "occurrence" or Medical Expenses Definitions is deleted and offense to us as soon as practicable after you, one replaced by the following: of your"executive officers" (if you are a corporation), e. Oral, written or electronic publication, in any one of your partners who is an individual (if you are manner, of material that violates a person's a partnership), one of your managers (if you are a right of privacy; limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" 3. Section II B.1.p.(2) Exclusions for Personal (such as an insurance, loss control or risk manager And Advertising Injury is deleted and replaced or administrator) designated by you to give such by the following: notice discovers that the "occurrence" or offense (2) Arising out of oral, written or electronic may involve this policy. publication of material if done by or at the O. Amended Bodily Injury Definition direction of the insured with knowledge of its falsity; The definition of "bodily injury" in Section II F.3. Liability And Medical Expenses Definitions is 4. Section II B.1.p.(2) Exclusions for Personal deleted and replaced by the following: And Advertising Injury is deleted and replaced by the following: "Bodily injury" means injury to the body, sickness, (3) Arising out of oral, written or electronic pub- disease, or death. "Bodily injury" also means mental injury, mental anguish, emotional distress, pain and lication of material whose first publication suffering, or shock resulting from injury to the body, took place before the beginning of the policy sickness, disease or death of any person. period, P. : Amended Insured Contract Definition R. Unintentional Omission Construction Or Demolition Operations Within The following is added to SECTION III — COMMON 50'Of Railroad POLICY CONDITIONS Paragraph C. Concealment, 1. The definition of. 'insured con tract m Section II Misrepresentation Or Fraud (BUT APPLICABLE F.9 c Liability And Medical Expenses Defy ONLY TO SECTION II—LIABILITY) E1111,1113(111111111111. nitions is deleted and replaced by the following However as it pertains to Business Liability Cover- age only, the unintentional omission of, or uninten- c. Any e asement or license agreement tional error in, any information provided by you 2. The definition ofl"insured contract" in Section II which we relied upon in issuing this policy shall not F.9 f(1) Liability And Medical Expenses prejudice your rights under this insurance. This pro- Def�nitions is deleted. vision does not affect our right to collect additional premium or to exercise our right of cancellation or 3. The insurance provided by this provision shall nonrenewal in accordance with applicable insurance b xc e ees vers o any valid and collectible Railroad laws or regulations. PPB 316 11 13 Page 6 of 7 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endte 1 Pauline Bingham 1 7/8/2024 11:19:04 AM (PDT) 1 Page 11 of 19 S. Waiver Of Transfer Of Rights Of Recovery b. Ongoing and completed operations per- Against Others To Us formed by you, or on your behalf, under a SECTION III — COMMON POLICY CONDITIONS contract or agreement with that person or Paragraph K.2. Transfer of Rights of Recovery organization; Against Others to Us (BUT APPLICABLE ONLY c. Your"work"; or TO SECTION II — LIABILITY) is deleted and replaced by the following: d. "Your products". 2. Applicable to Business Liability Coverage: We waive these rights only where you have agreed to do so as part of a contract or agree- We waive any rights of recovery we may have ment entered into by you before the "bodily against any person or organization because of injury" or "property damage" occurs or the payments we make for "bodily injury", "property "personal and advertising injury" offense is damage", "personal injury and advertising injury" committed. arising out of: a. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 316 11 13 Page 7 of 7 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endta 1 Pauline Bingham 1 7/8/2024 11:19:04 AM (PDT) 1 Page 12 of 19 Policy Number: PSA0002928 RLI Insurance Company Named Insured: AGA Engineers,Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds .C..:6 Blanket Additional Insured D Band ket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage—Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition—Mental Anguish O. Airbag Coverage P mended Insured Contract Definition RailroadEasement Q. Coverage Extensions—Audio,Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 Page 1 of 5 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts 1 Pauline Bingham 1 7/8/2024 11:19:04 AM (PDT) 1 Page 13 of 19 • This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured of the"operations contemplated bysuch contract :The The following is added to the SECTION II — waiver applies only to.the, person or organization COVERED AUTOS LIABILITY COVERAGE, Para- designated in;such contract: graph A.1.Who Is An Insured Provision: E. Employee Hired Autos Any business entity newly acquired or formed by you 1. The following is added to the SECTION II — during the policy period, provided you own fifty COVERED AUTOS LIABILITY COVERAGE, percent(50%) or more of the business entity and the Paragraph A.1.Who Is An Insured Provision: business entity is not separately insured for Bus-iness An "employee" of yours is an "insured" while Auto Coverage. Coverage is extended up to a „ operating an 'auto hired or rented under a maximum of one hundred eighty(180)days following contract or agreement in that"employee's"name, the acquisition or formation'of the business entity. with your permission, while performing duties This provision does not apply to any person or related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b. For Hired Auto Physical Damage Coverage, graph A.1.Who Is An Insured Provision: the following are deemed to be covered Any"employee"of yours is an"insured"while using a "autos"you own: covered "auto" you don't own, hire or borrow in your (1) Any covered "auto" you lease, hire, rent business or your personal affairs or borrow; and C Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the: SECTION II your"employee" under a contract in that COVERED AUTOS::LIABILITY COVERAGE, Para individual "employee's" name, with your graph A 1,Who Is An Insured Provision permission, while performing duties related to the conduct of your business. Any person or organization hat you are required to However, any„ include as an additional insured on;this coverage form auto that is leased, hired, in a contracY:or agreement hat )s executed by you rented or borrowed with a driver is not a covered "auto". beforethe bodily injury"or"property damage occurs is an "insured for:liability; coverage b, ut onlyfo . F. Fellow Employee Coverage damages to which this insurance applies and only to SECTION II — COVERED AUTOS LIABILITY the extent that person or organization qualifies asan COVERAGE, Exclusion B.5. does not apply if you insured under the:Who Is An ;Insured. provision have workers compensation insurance in-force contained in .•SECTION II COVER•ED AUTOS • covering all of your employees. LIABILITY,COVERAGE. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a pr)rr'ary and non contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business-;auto coverage if C.Limit Of Insurance,is amended by the addition of you are required to do so m a contract or agreerrient the following: that rs executed by you before the "bodily injury": or In the event of a total"loss"to a covered"auto"shown • property damage occurs. • in the Schedule of Declarations, we will pay any D Blanket Waiver Of Subro ation unpaid amount due on the lease or loan for a covered 9 auto", less: The following is added to the SECTION .IV BUST 1. The amount paid under the PHYSICAL NESS.AUTO.CONDITIONS,A. Loss Conditions;5 DAMAGE COVERAGE section of the policy; and Transfer Of Rights;Of Recovery:Against Others To Us 2. Any: We waive ani,...ngrtitEof recovery we may have against a. Overdue lease/loan payments at the time of any person or organization'to the extent required of the"loss"; you by a contract•executed prior to any "accident" or loss";:;provided that:the accident"or loss'arisesout PPA 300 03 13 Page 2 of 5 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endte 1 Pauline Bingham 1 7/8/2024 11:19:04 AM (PDT) 1 Page 14 of 19 b. Financial penalties imposed under a lease for (2) An adjustment for depreciation and physical excessive use, abnormal wear and tear or condition will be made in the event of a total high mileage. "loss". c. Security deposits not returned by the lessor; (3) If a repair or replacement results in better d. Costs for extended warranties, Credit Life than like kind or quality,we will not pay for the Insurance, Health, Accident or Disability betterment. Insurance purchased with the loan or lease; (4) A deductible equal to the highest Physical and Damage deductible applicable to any owned e. Carry-over balances from previous loans or auto will apply. leases. (5) This Coverage Extension will not apply to: H. Glass Repair—Waiver Of Deductible (a) Any "auto" that is hired, rented or SECTION III — PHYSICAL DAMAGE COVERAGE, borrowed with a driver; or D. Deductible is amended by adding the following: (b) Any "auto" that is hired, rented or No deductible for a covered "auto"will apply glass to borrowed from your"employee". damage if the glass is repaired rather than replaced. K. Hired Auto Physical Damage—Loss Of Use I. Personal Effects Coverage The following is added to SECTION III —PHYSICAL The following is added to SECTION III —PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: e. We will pay sums which you legally must pay to c. Personal Effects Coverage the lessor of a covered "auto" which you have leased without a driver for thirty(30)days or less In the event of a total theft loss of your covered for the lessor's loss of use of the covered "auto", "auto"we will pay up to$400 for"loss"to wearing provided: apparel and other personal effects which are: (1) This insurance provides comprehensive, (1) Owned by an "insured"; and specified causes of loss or collision covered on the covered"auto"; (2) In or on your covered"auto"; (2) The loss of use results from the covered No deductible applies to Personal Effects "auto" being damaged in an "accident" while Coverage. you are leasing it. J. Hired Auto Physical Damage Coverage We will pay up to a maximum limit of$1,500 for The following is added to SECTION III — PHYSICAL this covered extension. DAMAGE COVERAGE, A. Coverage, 4. Coverage L. Hired Car—Worldwide Coverage Extensions: d. Hired Auto Physical Damage Coverage The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage If hired "autos" are covered "autos" for Liability Extensions: Coverage and this policy also provides Physical f. Hired Car—Worldwide Coverage Damage Coverage for an owned"auto", then the Physical Damage Coverage is extended to (1) We will pay all sums an"insured"legally must "autos"that you hire, rent or borrow subject to the pay as damages because of"bodily injury"or following: "property damage" to which this insurance (1) The most we will pay for "loss" in any one applies, caused by an "accident" which occurs outside of the United States of "accident" to a hired, rented or borrowed "auto" is the lesser of: America, the territories and possessions of the United States of America, Puerto Rico (a) $60,000 and Canada resulting from the maintenance, or use of any covered "auto" of the private (b) The actual cash value of the damaged or stolen property as of the time of the passenger type you lease, hire, rent or borrow without a driver for thirty(30) days or "loss"; or less. (c) The cost of repairing or replacing the (2) With respect to any claim made or "suit" damaged or stolen property with other instituted outside the United States of property of like kind and quality. America, the territories and possessions of the United States of America, Puerto Rico, and Canada: PPA 300 03 13 Page 3 of 5 80851743 17/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts I Pauline Bingham 17/8/2024 11:19:04 AM (PDT) 1 Page 15 of 19 (a) You shall undertake the investigation, ' M. Temporary Transportation Expenses settlement and defense of such claims SECTION III — PHYSICAL DAMAGE COVERAGE, and "suits" and keep us advised of all A.4. Coverage Extensions, subparagraph a. proceedings and actions. Transportation Expenses is deleted and replaced (b) You will not make any settlement without by the following: our consent. a. Transportation Expenses (c) We will reimburse you: (1) We will pay up to a maximum of$1,500 for (i) For the amount of damages be- temporary transportation expense incurred cause of liability imposed upon you by you because of Physical Damage to a by law on account of"bodily injury"or covered "auto". "property damage" to which this insurance applies, and (2) We will pay only for those covered"autos"for which you carry Comprehensive,Colli-sion or (ii) For all reasonable expenses incurred Specified Case of Loss Coverage. with our consent in connection with the investigation, settlement or (3) We will pay only for those expenses incurred defense of such claims or "suits". by you during the period of time that begins Reimbursement for expenses will be twenty-four (24) hours after the covered part of the Limit of Insurance for "loss"and ends at the time when the covered liability coverage shown in the "auto" can be reasonable repaired or Business Auto Coverage replaced. Declarations, and not in addition to (4) This coverage does not apply while there are such limits. spare or reserve "autos" available to you for (3) The limit of Insurance for Liability Coverage your operations. shown in the Business Auto Coverage Declarations is the most we will reimburse N. Amended Bodily Injury Definition — Mental you for the sum of all damages imposed on Anguish you,as set forth in paragraph 2.c.above, and The following is added to SECTION V — all expenses incurred by you arising out of DEFINITIONS, Definition C.: any single"accident"or"loss". "Bodily injury" also includes mental anguish, but only (4) You must maintain the greater of the follow- when the mental anguish arises from other bodily ing primary auto liability insurance limits: injury, sickness or disease. (a) Compulsory admitted insurance with O. Airbag Coverage limits required to be in force to satisfy the legal requirements of the jurisdiction The following is added to SECTION III —PHYSICAL where the accident occurs; or DAMAGE COVERAGE B. Exclusions 3.a.: (b) Insurance limits required by law and However, this exclusion will not apply to accidental issued by a government entity or by an discharge of an airbag due to mechanical or electrical insurer licensed or permitted by law to do breakdown. business in the jurisdiction where the "accident"occurs; or P. Amended Insured Contract Definition = Railroad Easement (c) Auto liability insurance limits of at least $300,000 combined single limit or SECTION V : DEFINITIONS paragraph H Insured $100,000 per person/$300,000 per acci- contact"is modified as follows. dent Bodily Injury, $100,000 Property 1. Paragraph H.3. is replaced by the following: Damage. If you fail to comply with the above, this 3, Any easement or Ilcense agreement insurance is not invalidated. However, in the 2 Paragraph H.6.a is deleted. event of a"loss",we will pay only to the extent that we would have been liable had you so Q. Coverage Extensions — Audio, Visual And Data complied. Electronic Equipment Not Designed Solely For The Production Of Sound (5) The insurance provided by this coverage extension is excess over any other collec- SECTION III—PHYSICAL DAMAGE COVERAGE B. tible insurance available to you whether on a Exclusions, exception paragraph a.to exclusion 4.c. primary, excess contingent or any other and 4.d. is deleted and replaced with the following: basis. PPA 300 03 13 Page 4 of 5 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts 1 Pauline Bingham 1 7/8/2024 11:19:04 AM (PDT) 1 Page 16 of 19 a. Equipment and accessories used with such (2) A partner if you are a partnership; or equipment, except for tapes, records, discs or (3) An executive officer or insurance manager, if other electronic media device, provided such you are a corporation. equipment is permanently installed in the covered "auto" at the time of the "loss" or is removable S. Unintentional Errors Or Omissions from the housing unit which is permanently SECTION IV—BUSINESS AUTO CONDITIONS, B. installed in the covered "auto" at the time of the General Conditions; 2. Concealment Misrepre- "loss", and such equipment is designed to be sentation Or Fraud is amended by adding the solely operated by use of the power from the "autos" electrical system, in or upon the covered following: "autos"; or The unintentional omission of, or unintentional error R. Notice Of And Knowledge Of Occurrence in, any information given by you shall not prejudice your rights under this insurance. However this pro- SECTION IV — BUSINESS AUTO CONDITIONS, vision does not affect our right to collect additional A.2. Duties In The Event Of Accident, Claim Suit premium or exercise our right of cancellation or Or Loss, subparagraph a. is deleted and replaced nonrenewal. with the following: T. Towing Coverage a. In the event of "accident", claim, "suit" or "loss", SECTION III — PHYSICAL DAMAGE COVERAGE, you must give us or our authorized repre- A.2. Towing, is deleted and replaced by the sentative prompt notice of the"accident"or"loss" following: including: (1) How,when and where the"accident"or"loss" 2. We will pay up to$750 for towing and labor costs occurred; incurred each time a covered "auto" is disabled due to a covered cause of loss. However: (2) The"insured's" name and address; and a. All labor must be performed at the place of (3) To the extent possible, the names and disablement; and addresses of any injured person and witnesses. b. If the covered auto is a private passenger type no deductible applies; and Your duty to give us or our authorized c. If the covered auto is not of the private representative prompt notice of the "accident" or "loss"applies only when the"accident"or"loss"is passenger type our obligation to pay will be known to: reduced by a $250 deductible per disablement. (1) You, if you are an individual; ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300 03 13 Page 5 of 5 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts 1 Pauline Bingham 1 7/8/2024 11:19:04 AM (PDT) 1 Page 17 of 19 COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS POLICY NO. NHA601729 ITEM 6. SCHEDULE OF UNDERLYING INSURANCE Type of Policy Insurer Applicable Limit GENERAL LIABILITY LANDMARK AMERICAN INSURANCE $1,000,000 EACH OCCURRENCE COMPANY $2,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS/COMPLETED OPS AGG $1,000,000 PERSONAUADVERTISING INJURY EMPLOYERS LIABILITY RLI INSURANCE COMPANY $1,000,000 EACH ACCIDENT $1,000,000 DISEASE EACH EMPLOYEE $1,000,000 DISEASE POLICY LIMIT GENERAL LIABILITY RLI INSURANCE COMPANY $1,000,000 EACH OCCURRENCE (BOP) $2,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS/COMPLETED OPS AGG $1,000,000 PERSONAUADVERTISING INJURY EMPLOYEE BENEFITS RLI INSURANCE COMPANY $1,000,000 EACH CLAIM LIABILITY(BOP) $1,000,000 AGGREGATE AUTO LIABILITY RLI INSURANCE COMPANY $1,000,000 COMBINED SINGLE LIMIT RSG 30002 0803 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts 1 Pauline Bingham 1 7/8/2024 11:19,04 AM (PDT) 1 Page 18 of 19 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have'the right to recover our payments from anyone liable for an injury covered by this policy. Wewill not enforce our right against the person o.r brganizaborvnamedAmAheSchadulwIThis:!,agreement-applies.:onlytaAhe'-:extentithatEn you perform work under a written contract that requires youto obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. • Schedule Person or Organization Job Description Illg Any person or organization that you are required to waive Jobs performed for any person or organizations that you rights of recovery against m a written contract or agreement. have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7/1/2024 Policy No.PSW0004954 Endorsement No. Insured AGA Engineers,Inc. Insurance Company RLI Insurance Company Countersigned By ©1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. 80851743 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts 1 Pauline Bingham 1 7/8/2024 11.19.04 AM (PDT) 1 Page 19 of 19 2000 Main Street, Huntington Beall.CA E` City of Huntington Beach 92648 File #: 22-301 MEETING DATE: 4/19/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: William F. Janusz, Principal Civil Engineer Subject: Approve and authorize execution of Professional Services Contracts for On-Call Transportation Engineering Consulting Services with Advantec Consulting Engineers, Inc., AGA Engineers, Inc., FPL and Associates, Inc., KOA Corporation, Linscott, Law & Greenspan Engineers dba LG2WB Engineers, Inc. and Michael Baker International Inc. Statement of Issue: The Public Works Department requires on-call transportation engineering consulting services for as- needed support to assist with the design and construction of capital improvement projects identified in the annual Capital Improvement Program (CIP). Financial Impact: The City's adopted Fiscal Year (FY) 2021/2022 and proposed FY 2022/2023 Capital Improvement Program budgets total $39.3 million and $59.7 million, respectively. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management and other required costs. The six recommended engineering contracts include a maximum allowable expenditure of $500,000 over the 3 year term of the respective contracts. All contracted work efforts will be funded within each project's individual CIP budget or through budgeted professional services as needed each fiscal year. No minimum expenditures are required with any of the contracts. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and Advantec Consulting Engineers, Inc. for On-Call Transportation Engineering Services;" and, B) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and AGA Engineers, Inc. for On-Call Transportation Engineering Services" and, CLLyarakidgWnA, ,' Paps1or3 Printed an4/13/2022 (" poweieldh Laq,Slar„' File 0: 22-301 MEETING DATE: 4/19/2022 �( C) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and FPL and Associates, Inc. for On-Call Transportation Engineering Services;" and, �E D) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Transportation Engineering Services;" and, E) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and Linscott, Law & Greenspan dba LG2WB for On- Call Transportation Engineering Services;" and, F) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. for On-Call Transportation Engineering Services." Alternative Action(s): Do not authorize the contracts and direct staff accordingly. Budgeted capital improvement projects could be delayed until new contracts are approved. Analysis: On September 1, 2021 , the City advertised a Request for Qualifications (RFQ) for On-Call Transportation Engineering Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Thirteen proposals were received for transportation engineering services. In accordance with qualifications-based selection procurement, per the federal "Brooks Act", State Senate Bill 419 and the City of Huntington Beach Municipal Code, Section 3.03, "Professional Services", the Public Works Department established a review board. Proposals were then evaluated and ranked by a review board, which identified the top six firms. The scope of service these contracts provide include design services for capital improvement projects and for other professional traffic engineering services. Examples of Capital Improvement Projects include traffic signal improvements, street lighting, and mobility projects, but can also include traffic studies and speed zone surveys. Consultant services have historically been used to supplement City staff to meet annual Capital Improvement Program (CIP) goals, and provide expertise on unique projects. The proposed contract amounts are a not-to-exceed amount for a three-year term with no guarantee of work or expenditure of the entire amount. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Public Works Commission Action: Not applicable. City of IiuNmgton Beach Page 2 of 3 Printed on 4/132022 oo+rcet�y��untu . File#: 22-301 MEETING DATE: 4/19/2022 Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and Advantec Consulting Engineers, Inc. for On-Call Transportation Engineering Services 2. Professional Services_Contract Between the City of Huntington Beach and AGA Engineers, Inc. for On-Call Transportation Engineering Service 3. Professional Services Contract Between the City of Huntington Beach and FPL and Associates, Inc. for On-Call Transportation Engineering Services 4. Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Transportation Engineering Services 5. Professional Services Contract Between the City of Huntington Beach and Linscott, Law & Greenspan dba LG2WB for On-Call Transportation Engineering Services 6. Professional Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. for On-Call Transportation Engineering Services 7. Professional Services Award Analysis - On-Call Transportation Engineering Services C4 of Huntington Bea& Page 3 of 3 Pnnted on 4/1112022 PRO17FSSIONAL SERVICES CONTRACT BE"TWEEN THE CITY OF HUNTINGfON REACH AND AGA ENGINEERS, INC. FOR ON-CALL TRANSPORTATION ENGINEERING 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 AGA ENGINEERS; INC., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide On-Call Transportation Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Chalap Sadam 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. 22-11017276008 1 of 11 SA 9-204082 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 20 ZZ(the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Five Hundred Thousand Dollars ($500,000.00). 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 he 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." 22.110171276008 2 of 11 $n9-2aoa2 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 CONSUCCANT 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 HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSUL-rANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSUI;rANT 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: 22-1101V276008 3 of I I 5/0-204082 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business. CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or 3 applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 22-11017Gn76008 4 of 11 5/19-204082 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof- that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not 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 fumish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 22-110171276009 5 of 11 5/19-2044082 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. II. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 22-1 1017m6008 6 of I I 5/19-204082 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 CONSUL;l-ANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hercinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICFS Any notices, certificates. or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hercinabove) 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: 22-11017m6008 7 of I I 5!19-204082 TO CITY: TO CONSULTANT: City of Huntington Beach AGA Engineers, Inc. ATTN: Director of Public Works AYI'N: Chalap Sadam 2000 Main Street 211 Imperial Highway, Suite 208 Huntington Beach, CA 92648 Fullerton, CA 92835 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 drily executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any 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 224n01 7m6008 8 of 11 5/19-204082 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of- the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services arc expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach Ciay 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. 22-I1017rz26008 9 of 11 5/19-204082 24. A"ITORNEY'S FEES 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 attorney's fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and 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 hereinbclow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity 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 22-1 1017rz16008 10 of 11 5/19-204082 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 AGA ENGINEERS, INC. municipal corporation of the State of Calif 'a By: print narne Mayor ITS: (e(rele one)chaintwimmidenW Prmd ti AND City Clerk `e z �t By: LWtl INITIA AND AP VED: C-KALL-Art lc • .5 � pnnt n ITS: (circle on Secrcta. hief Financial Officer/Ant. [rector of Pu Secretary-Treasurer RE ED AID APPROVED: City Mana e APPROVED City Attorney 22-110171276008 11 of 11 V IM04082 EXHIBIT "A" A. STATElv1ENT OF WORK: (Narrative of work to be performed) To provide on-call transportation and engineering services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Prepare Traffic Design Plans. 2. Prepare Traffic Signal Timing Plans. 3. Design Plan Check Review. 4. Construction Support. 5. Prepare Traffic Impact Analysis Reports. 6. Prepare Parking Demand Analysis Reports. 7. Grant ]'reparation and Administration Assistance. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRA,NI/PROJECT SCHEDULE: EXHIBIT A EXHIBIT "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: SEE ATTACHED EXHIBIT "B" 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 hill 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) Por 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 perfonned is in accordance with the extra work or additional services requested, and it' CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B EXHIBIT B [:nglneers, Inc. Schedule of Hourly Rates Effective May 1, 2021 President/Executive Vice President $ 275 Vice President $ 250 Director of Project Development $ 225 Principal Transportation Engineer/Principal Engineer $ 225 Senior Transportation Engineer $ 205 Senior Project Engineer&Project Manager $ 200 Senior Design Engineer/Senior Project Development Manager $ 195 Senior Associate/Senior Project Engineer/Advanced System Integrator $ 185 Transportation Engineer $ 175 Senior System Integrator $ 170 Senior Signal Systems Specialist/ConstructionInspector $ 165 Design Engineer/Signal Systems Specialist $ 150 Associate Transportation Engineer III $ 140 Associate Transportation Engineer II $ 135 Associate Transportation Engineer 1 $ 125 Project Coordinator $ 120 Associate Engineer II $ 115 CADD Operator/Associate Engineer I/Project Administrator $ 110 Assistant Engineer/Assistant Project Coordinator $ 100 Transportation Engineering Assistant $ 90 Traffic Enumerator, Engineering Aide III $ 80 Engineering Aide II $ 65 Engineering Aide 1 $ 50 Council/Commission Meetings, Hearings, etc. (Billing Rate+$50 Surcharge) $ 1,000 AGA Engineers, Inc. 2n Imperinl Highway,Suite 208,Fullerton,CA 92835 (714)992-4592 E-Mail:aga@agaenginmminccom ACCW?a CERTIFICATE OF LIABILITY INSURANCE GATE(M6UDDm YY) `/- 716/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(iss)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 endorsemer s. PRODUCER IOA Insurance Services NAMEACT Betty Tran 130 Vantis, Suite 250 WGNE L+o 949-297-5962 FAz 949-297-6960 Aliso Viejo,CA 92656 EliNL npDREss betty.traniftoausa.corm INSURERS AFFORDING COVERAGE 111"# www.loausa.com CA License#0E67768 INSURER A RLI Insurance Com any 13056 INSURED INSURER RSUI Indemnity Company 22314 AGA Engineers, Inc. &SURER C Continental Casualty Com n 20443 211 E. Imperial Hwy., Suite 208 Fullerton CA 92835 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 62758792 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 BY PAID CLAIMS. NeR ADDL SUM EXP TYPE OF INSURANCE POLICYNUIBER POl1CTEFF POl1LYYYY LOM A COBMERCMLGEN LIIABMY PSBOD08919 71112021 7/1/2022 EACHOCCURRENCE $1000000 CLAIMS-MADE Iv]OCCUR Blanket Al and MI a m,R s $1 000 000 PrimlNonCon Endl V Primary/Non-Contributory, #PPB3040212;Blanket Wvr MED ExP( drr ) $10 000 V Waiver of Subrogation of Subr Endt#BPO497010iw VIED AS TO FDA PERSONAL aADV INJURY $1 000 000 GEIL AGGREGATE LIMIT APPLIES PER: Professional Services GENERALAGGREGATE s2,000,000 POLICY❑To �j LOC performed by the Insured PRODUCTS-COMPIOPAGG s2,000,000 OTHER_ are Excluded BY; Er s A AUTOMOBILEuAINLmr PSA000292B Tk1A"0R 1 BINED SIN ELIMIT 11 $1 DOD DDD ANY AUTO Blanket Al,Prim/NonC fEa ran oC-tlfY OF HUNTINGT�N BODILY INJURY(Par PMBOn) s OWNED SCHEDULED and Blanket Ww of Subr BODILY INJURY(P atodMe) s AUTOS ONLY AUTOS Included on pg 2 of Form AUTOS ONLY AUTO'ONLY #PPA3000313 s Prim/NonCon V Wvr of Subr s B UM11 ULIAa OCCUR NHA252033 7/112021 711/2022 EACH OCCl1RRENCE s2D00D00 EXCESS LAB CLAIMSAADE Excludes Professional AGGREGATE s2 D00 000 Liability;Follow Form 9r:> RETENTION s A WORKERS COMPENSATION PSW0004954 7/1/2021 71112022 TAT OR AND EMPLOYERS'LIANLRY YIN Blanket Waiver of ANYPROPRIETORIPARTNERIE%ECUTNE E.L.EACH ACCIDENT $1000.000 M OFFICEREMSEREXCLUDEDP ❑V MIA Subrogation Endt IMandalary ti NN) #WC04030604� E.L.DISEASE-EA EMPLOYE s n yes d tx,under DESCRIPTION OF OPERATIONS BaIOA El DISEASE-POLICY LIMIT 111,000,000 C '.Professional Liability MCH591940711 7/1/2021 7/1/2022 $5,000,000 Each Claim Claims-Made $5.000.000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(AGGRO 101,Addllw,ai Romans SCNM04,may Ba Mla N I mon spew M n inid) Any person or Organization that Insured agrees in a Contract or agreement requiring insurance to include,is an Additional Insured with respect to General Liability(GL)and Automobile Liability,but only to the extent provided within the Endorsements noted above and attached. GL includes Separation of Insureds and Contractual Liability per limitations in the BusinessOwners'Coverage form_ A Workers'Compensation Waiver is included for any person or organization that Insured is required to waive rights or recovery against in a written Contract or agreement,but only to the extent provided within the Endorsement noted above and attached. Coverage is subject to all policy terms,Conditions,limitations and exclusions. CERTIFICATE HOLDER CANCELLATION All Traffic Engineering Services of the Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 0 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIIEDREPRESENTATNE (AVC)Alicia K.I ram m 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 621S8712 1 7/21 22 GL/AIIM/BxCPSS/YC/PL B1W[et LTdta I ➢aul[na B,w'uv. I 4. -.... 1 11 1O PC .,. I e., . . AGENCY CUSTOMER ID: LOC#: �1 A`C>R ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED IOA Insurance Services AGA Engineers,Inc. 211 E.Imperial Hwy.,Suite 208 POLICY NUMBER Fullerton GA 92835 CARRIER NAIC CODE EFFECTNE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03116) HOLDER: City of Huntington Beach ADDRESS:2000 Main Street Huntington Beach CA 92648 Description of Operations Continued: 30 Day Notice of Cancellation / 10 Days for Non- Payment in accordance with policy provisions. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 6275079Z 1 7/21-02 Bl Anket _not. I P..111e Bingaam 1 v6/:oa .:le:lo PY. IPnrl I P.- 2 of 6 Policy Number: PSB0008919 RLI Insurance Company Named Insured: AGA Engineers, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II —LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage' for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "prod uctcompleted operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your behalf, under a contract or agreement with that c. This endorsement does not increase any of the This of insurance stated in Liability And person or organization. We waive these rights only limitMedical Expenses Limits of Insurance. where you have agreed w do so as part of contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or "property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPS 304 02 12 Page 1 of 1 6:'I59I9' 1 7/33 GL/A'SN/B%CF55/9C/P BI antes EEce I Pau:me BmgOam 1 7/6/20,1 4::B:10 PM. IPM [ Puge 3 o: 6 POLICY NUMBER: PSB0008919 BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured: AGA Engineers, Inc. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person or organization that you are required to waive rights of recovery against in a written contract or agreement, even if you have not entered in to a written contract with that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. BP 04 97 01 06 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ 62>S879p 1 7/21 Q: GL/a-1 /LXCCSVKC/PL 81,:kn, 6 d,e I Pnol i:w Bi:vJh— J 0/6/2021 4:18:30 PY. IPIM Pxun 4 of 6 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises The following is added to the SECTION II — out of the operations contemplated by such contract. COVERED AUTOS LIABILITY COVERAGE, Para- The waiver applies only to the person or graph A.1.Who Is An Insured Provision: organization designated in such contract. Any business entity newly acquired or formed by you E. Employee Hired Autos during the policy period, provided you own fifty 1. The following is added to the SECTION II — percent(50%) or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE, business entity is not separately insured for Bus- Paragraph A.1. Who Is An Insured Provision: iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days An "employee" of yours is an "insured" while following the acquisition or formation of the business operating an "auto" hired or rented under a entity. contract or agreement in that "employee's" name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by 2, Changes In General Conditions: endorsement. B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1.Who Is An Insured Provision: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered Any "employee" of yours is an "insured" while using "autos"you own: a covered "auto" you don't own, hire or borrow in your business or your personal affairs. (1) Any covered "auto" you lease, hire, rent or borrow; and C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II — your "employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.I. Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage However, any "auto" that is leased, hired, rented or borrowed with a driver is form in a contract or agreement that is executed by not a covered "auto". you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage for damages to which this insurance applies and SECTION II — COVERED AUTOS LIABILITY only to the extent that person or organization qualifies as an "insured" under the Who Is An COVERAGE, Exclusion B.S. does not apply if you Insured provision contained in SECTION II — have workers compensation insurance in-force COVERED AUTOS LIABILITY COVERAGE. covering all of your employees. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the "bodily injury" or In the event of a total "loss" to a covered "auto" "property damage" occurs. shown in the Schedule of Declarations, we will pay D. Blanket Waiver Of Subrogation any unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV — BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against DAMAGE COVERAGE section of the policy, Others To Us: and We waive any right of recovery we may have against 2. Any: any person or organization to the extent required of a. Overdue leaselloan payments at the time of you by a contract executed prior to any "accident" or the "loss", PPA 300 03 13 Page 2 of 5 "15V9 2 1 7/=1-=2 M/A'r /r CM,Mc/eL B!mJ.e: Y-,a:n I Pauline Bingh ¢ 1 7/E/2021 4::8:10 nM IPd) I Page 5 o: 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization that you are required to waive Jobs performed for any person or organization that you rights of recovery against in a written contract or agreement. have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless othervnse stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7/1/2021 Polity No.l'SWO004954 Endorsement No. InsuredAGA Engineers. Inc. Insurance Company RLI Insurance Company Countersigned By ©1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. 62756763 1 7/n - c/nuro/rx¢ss/we/PL etanr.e: P dca I Pacllae emgna<. 1 7/6R021 4:36:10 PP. wan I Page 6 o! 6 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects VENDOR: Advantec Consulting Engineers, Inc. OVERALL RANKING: 1 of 13 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: -Advantec�lMmrmuni Quahficetrons Review '$"t=";x">tz^: ;�. Total Weighted Maximum Criteria Score Score Staffing 425 500 Technical Approach 275 300 Qualifications 447.5 500 Clarity 175 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 Total t3155. `'�n� II. DUE DILIGENCE REVIEW Interview Ranking: `AdvantecSummarypof Revi`ew � • Experienced design firm. Applicable project experience. 'dvantec�'= 25� f T'01,2W T . �4; • Separate from Proposal 307 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects VENDOR: FPL and Associates, Inc. OVERALL RANKING: 2 of 13 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: �FPL�'''Mmiinum.Qualificatrons�Review.g�i 3�f'� ^'��t'�k't, + ""aria Total Weighted Maximum Criteria Score Score Staffing 400 500 Technical Approach 256.5 300 Qualifications 447.5 500 Clarity 165 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 Total 3' 146.9y � a 1700> ; II. DUE DILIGENCE REVIEW • Interview Ranking: gEPL� "Summary otARevrewROM, F -; • Experienced design firm. Applicable project experience. Past success working with City. FPLr Pncin"g?aF^ r 4� : y . �n.. �?Ci�t`RF 1�C44 +tt{%'a- ., • Separate from Proposal 308 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects VENDOR: KOA Corporation OVERALL RANKING: 3 of 13 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: fKOA �MihmmtQual�ficaionRev�eWp � "s Total Weighted Maximum Criteria Score Score Staffing 362.5 500 Technical Approach 228 300 Qualifications 410 500 Clarity 160 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 Totalh13601700 11. DUE DILIGENCE REVIEW • Interview Ranking: fKO urrimaryrof'Rernew h•� �.��Y�T.Y�I�� f' .y Y �f • Experienced design firm. Applicable project experience. IN snE 5 • Separate from Proposal ME 309 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects VENDOR: LG2WB (LLG) OVERALL RANKING: 4 of 13 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: L`G2WB"°MmrmumYQuahficationsaRevrew �w ii A.- �t 4_$��.!4o`�.a��i�7^�tl��a�._�'i42'C•_A�i�.Fi'A'��x$.`i^`4='G N>�i"_.��_��a'i ' Total Weighted Maximum Criteria Score Score Staffing 367.5 500 Technical Approach 219 300 Qualifications 355 500 Clarity 140 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 12815` em � ;1700k' Total � Gk,,, H. DUE DILIGENCE REVIEW • Interview Ranking: LG2WB Surn aiyPof Review • Experienced design firm. Applicable project experience. ¢LG . .2WB P,fi6iina91 �� • Separate from Proposal 310 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects VENDOR: AGA Engineers, Inc. OVERALL RANKING: 5 of 13 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: AGA`'"SMiriimum` a alifrcations Review ;` rr' r� x x Total WeightedP Maximum Criteria Score Score Staffing 325 500 Technical Approach 222 300 Qualifications 375 500 Clarity 155 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 Totaliars �1 �� ?s ,.,.z 1700t b II. DUE DILIGENCE REVIEW • Interview Ranking: i°AGA�Summaryiof,Review�- '` �' afu " �'�>A • Experienced design firm. Applicable project experience. Past success working with City. C` Y 91 Ij [. � � 5VI, rs�'.AGA.,y Piii;ing"�� �,, �„F �y_ �p. ¢� • Separate from Proposal 311 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects VENDOR: Michael Baker International OVERALL RANKING: 6 of 13 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: aMichael�Baker M�nimum�Qualficatton's`Revie`w ��r�e: Total Weighted Maximum Criteria Score Score Staffing 320 500 Technical Approach 217.5 300 Qualifications 350 500 Clarity 165 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 Total u� y'4252 ._x"tr.5p ': ..utc1`wrw:.aw4er-- r,�aa.r_.eY .�ct It. DUE DILIGENCE REVIEW • Interview Ranking: Micfiael€Baker Summary�of.=Review" rO • Experienced design firm. Applicable project experience. Michael€Baker" Pncing 1r • Separate from Proposal 312 City of Huntington Beach 2000 Maim Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ t�1vw.htintingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk April 28, 2022 AGA Engineers, Inc. Attn: Chaplap Sadam 211 Imperial Highway, Suite 208 Fullerton, CA 92835 Dear Mr. Sadam: Enclosed is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and AGA Engineers, Inc. for On-Call Transportation Engineering Services approved by the Huntington Beach City Council on April 19, 2022. Sincerely, q4�dn Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand