Loading...
HomeMy WebLinkAboutAGMT - Moffatt & Nichol (Restoration of Electrical Service to Fire Damaged Seal Beach Pier)PROFESSIONAL SERVICES AGREEMENT FOR Restoration of Electrical Service to the Fire Damaged Seal Beach Pier between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 M Moffatt & Nichol 3780 Kilroy Airport Way, Suite 600 Long Beach, CA 90806 562 - 426 -9551 This Design Professional Services Agreement ( "the Agreement') is made as of September 7, 2016 (the "Effective Date "), by and between Moffatt & Nichol ( "Consultant'), a California corporation and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 15 RECITALS A. City desires certain design professional services. B. Pursuant to the authority provided by its City Charter and Government Code § 37103, if applicable, and Resolution No. 6649, a Resolution Proclaiming a Local Emergency in Connection with the Fire on the Seal Beach Pier and Authorizing the City Manager to Take Such Actions as are Necessary to Protect Public Health, Safety and Property and are Consistent with the Seal Beach City Charter and Municipal Code, City desires to engage Consultant to provide Professional Engineering services in the manner set forth herein and more fully described in Section 1. C. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ( "Services ") set forth in the attached Exhibit A. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement on a timely, regular basis and in a manner reasonably satisfactory to the City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, State, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. 1.5. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. 2.0 Term 2of15 The term of this Agreement shall commence as of the Effective Date and shall continue for 180 working days unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than $75,750. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing, and unless such Services are authorized by Resolution No. 6649. Any such additional work authorized by the City pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 4.0 Method of Payment Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. CONSULTANT acknowledges and agrees that CONSULTANT's invoices will be paid on CITY's behalf by a third party, and CONSULTANT shall reasonably cooperate with CITY to provide any documentation, information or release the third party may require prior to payment. No federal or state payroll taxes or other taxes or deductions shall be withheld from any payments made to Consultant for Services performed under this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than thirty 30 days prior to the date of termination. 5.2. Notwithstanding Subsection 5.1, this Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of any insurance policy required by this Agreement at least 30 days before the expiration date of the previous policy(ies). 5.3. Notice of termination shall be given in accordance with Section 7.0. 3of15 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. James R. Crumpley is the Consultant's representative for purposes of this Agreement. It is expressly understood that the experience, knowledge, capability, and reputation of James R. Crumpley were a substantial inducement for City to enter into this Agreement. Therefore, James R. Crumpley shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 - 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Moffatt & Nichol 3780 Kilroy Airport Way, Suite 600 Long Beach, CA 90806 Attn: James R. Crumpley, Project Manager 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Personnel Consultant has or shall secure, at its own expense, all personnel required to perform the Services under this Agreement. Any person who performs Services shall possess the qualifications, permits, and licenses required by State and local law to perform such Services. 9.0 Independent Contractor 9.1. Consultant is and shall at all times remain an independent contractor and not an employee of the City, and Consultant is and shall not be entitled to participate in any pension plan, insurance, bonus or similar benefits that City provides for its 4of15 employees. All Services provided pursuant to this Agreement shall be performed by Consultant or under its exclusive supervision, direction and control. Consultant will determine the means, methods, and details of performing the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees or agents of City and shall at all times be under Consultant's exclusive supervision, direction and control. Consultant's personnel shall also not be entitled to participate in any pension plan, insurance, bonus or similar benefits that City provides for its employees. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports, withholdings, deductions and other obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 9.3. To the fullest extent permitted by law, Consultant shall defend (with legal counsel acceptable to City), indemnify and hold harmless City and its elected and appointed officials, officers, employees, attorneys, agents, servants, designated volunteers, those City agents serving in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices or any act or omission related to or arising out of this Section 9. In addition to any other remedies under this Agreement or law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure or refusal to promptly pay to City any reimbursement or indemnification arising under this Section 9. Consultant's defense and indemnification obligations under this Section are in addition to Consultant's defense and indemnification obligations of Section 16. 10.0 Confidentiality; Publication of Documents 10.1. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Except as necessary for performance of the Services under this Agreement, no copies, sketches, photographs, or graphs of materials, prepared pursuant to this Agreement, and no data, documents or other information developed or received by Consultant in the performance of this Agreement shall be released by Consultant to any other person or public without City's prior written authorization. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 5of15 10.2. All press releases and other information to be published in newspapers or magazines, will be approved and distributed solely by City, unless otherwise provided by written agreement between the Parties. Should Consultant receive any subpoena or other court order for production or disclosure of any records, Consultant shall immediately notify City and shall cooperate with City in responding to such subpoena or court order. 10.3. Consultant's covenants under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Ownership of Documents and Work Product 12.1. All data, documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by Consultant pursuant to this Agreement ( "Written Products ") shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Written Products. 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Written Products. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, agents, designated volunteers, those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and /or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in 6of15 connection with its provision of the Services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Written Products and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Consultant's defense and indemnification obligations under this Section 12.3 are in addition to Consultant's defense and indemnification obligations of Section 16. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Written Products and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document or other Written Product on a computer, Consultant shall provide City with said Written Produce both in a printed format and in an electronic format that is acceptable to City. 13.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 14.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, costs, expenses and receipts. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services and work in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 14.0 shall survive for three years after expiration, termination or final payment under this Agreement, whichever occurs later. 7of15 15.0 Insurance 15.1. Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for bodily injury, death, personal injury or property damage and professional negligence which may arise from or in connection with the performance of the Services hereunder by Consultant, and its directors, officers, employees, agents, representatives, and subcontractors. 15.2. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: than: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability insurance. Consultant shall provide to City the standard form issued by the carrier. 15.3. Minimum Limits of Insurance. Consultant shall maintain limits no less General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Professional Liability: $1,000,000 per claim /aggregate. 15.4. Deductibles and Self- Insured Retentions. Consultant shall inform City of any deductibles or self- insured retentions except with respect to professional liability insurance. 15.5. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 8of15 15.5.1. City, its elected and appointed officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its elected and appointed officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 15.5.2. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its elected and appointed officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials. Any insurance or self- insurance maintained by City, its elected and appointed officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials shall be excess of Consultant's insurance and shall not contribute with it. 15.5.3. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 15.5.4. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days' prior written notice by first class mail has been given to City, or 10 days' prior written notice by express overnight mail if cancellation is due to nonpayment of premiums. 15.5.5. Each insurance policy, except for the professional liability policy, required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, servants, agents, attorneys, designated volunteers, those City agents serving as independent contractors in the role of City officials. 15.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 15.7. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As 9of15 an alternative to City forms, Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 16.0 Indemnification, Hold Harmless, and Duty to Defend 16.1. Indemnity for Design Professional Services. In connection with its design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, hold harmless and indemnify City, and its elected and appointed officials, officers, employees, attorneys, agents, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees" in this Section 16), from and against any and all claims, demands, causes of action, proceedings, judgments, damages, liabilities, losses, penalties, liens, losses, costs or expenses, of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant or any of its officers, directors, employees, subcontractors, contractors or their officers, agents, servants, or employees (or any entity or individual that Consultant shall bear the legal liability thereof), or agents in the performance of design professional services under this Agreement by a design professional, as the term is defined in California Civil Code 2782.8(c)(2). 16.2. Other Indemnities. Other than in the performance of design professional services (as provided in Subsection 16.1), and to the fullest extent permitted by law, Consultant shall, at its own cost and expense, defend, hold harmless and indemnify the Indemnitees (as defined in Section 16.1) from and against any and all damages, claims, demands, causes of action, proceedings, judgments, injuries, liabilities, losses, liens, penalties, costs, and expenses, in law or equity, of any nature whatsoever (collectively, "Other Claims" hereinafter), including but not limited to fees and costs of accountants, attorneys and other professionals, and all fees, costs and expenses associated therewith, and the payment of all consequential damages (collectively "Damages ") in law or in equity, whether actual, alleged or threatened, including but not limited to, Other Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, directors, employees, subcontractors, materialmen, suppliers, contractors, or agents, or their officers, entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection therewith. Consultant's duty to 10 of 15 defend pursuant to this Subsection 16.2 shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. 16.3. Consultant's defense, hold harmless and indemnification obligations under this Section 16.0 or any other provisions of this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, the City or any of the other Indemnitees as defined in this Section. 16.4. All duties and other covenants of Consultant under this Section 16.0 shall survive termination of this Agreement. 17.0 Conflict of Interest 17.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 17.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 17.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Subsection. 18.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for 11 of 15 employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 19.0 Labor Certification 19.1. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.2. To the extent that any of the Services to be performed under this Agreement constitute a public work to which prevailing wages apply, Consultant agrees to comply with the provisions of California Labor Code § §1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Consultant or by any subcontractor. Consultant further agrees to comply with the provisions of California Labor Code §1776 which require Consultant and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors. 20.0 Permits and Licenses Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates as may be required in connection with the performance of Services under this Agreement, including, without limitation, a City of Seal Beach business license as may be required by the Seal Beach Municipal Code. 21.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance. 22.0 Entire Agreement This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 12 of 15 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law; Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement, shall be resolved in the superior court or federal court with geographic jurisdiction over the City. 25.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. 26.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 27.0 Attorneys' Fees If a Party commences any legal, administrative or other action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party all of its attorneys' fees and other costs incurred in connection therewith. 28.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 29.0 Corporate Authority 13 of 15 The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by their execution, the Parties are formally bound to the provision of this Agreement. (Intentionally Left Blank) 14 of 15 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH Q- Ingram, — M �:. - Attest: By: Robin L. Roberts, AI 1� Approved as to or By: C I.,I LY MLLVI I ICY CONSULTANT: MOFFATT & NICHOL in Na Its: Pzec %'1265'iDe?� Name: 1%e #Lav-( Its. 15 of 15 3780 KBroy Airport Way. State 600 bl®®, Long Beach, CA 90806 m o l l a t t & n i c h o i (562)426 -9551 Fax (562)424-7489 rn >w .�ai.`�nn�cnoi con July 25, 2016 City of Seal Beach 211 P Street Seal Beach, CA 90740 Attn: Mr. David Spitz RE: Proposal for Engineering Services for Restoration of Electrical Service to the Fire Damaged Seal Beach Pier Dear Mr. Spitz: M &N is pleased to present this proposal for Restoration of Electrical Service to the Fire Damaged Seal Beach Pier per the City's request. Our proposed scope of services is attached. Our total fee for the Scope of Services described is S 75,750. A breakdown of the proposed fee is attached after the scope of services along with the current Rate Schedule for Professional Services. Thank you for the opportunity to present this proposal to provide engineering services for Restoration of Electrical Service to the fire damaged Seal Beach Pier. Please do not hesitate to contact me at any time during the evaluation process to answer any questions or provide additional information in support of this proposal or if the scope is not what the City intended. Sincerely, MOFFATT & NICHOL James R. Crumpley Project Manager i "r David Spitz, Associate Civil Engineer City of Seal Beach July 25, 2016 Scope of Services The scope of services include: 1. Coordinate with Southern California Edison Company (SCE) for new service transformer location. On -going effort. 2. Prepare single -lie diagram for new SCE service. I Perform load calculations for the new SCE service. 4. Prepare site plan for new SCE service and transformer location. 5. Design and prepare plans, specifications and estimates (PS &E) for new secondary power system to restore power to the pier. Fee Proposal Coordination with SCE (Tasks 1 -4) $11,000 PS &E for restored electrical service to pier (Task $64,750 5) Total Fee Amount $75,750 ®®®® 2 highlIq moffatt & nichol RATE SCHEDULE FOR PROFESSIONAL SERVICES Effective September 1, 2015 Until Revised REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement) Subcontracts or Outside Services Cost +15% Reproductions -In House Mylar Plots (B /W) Color Plots Vellum Plots (B /W) Bond Plots (B /W) Drawing Reproduction Document Reproduction - Outside Reproduction Travel Company Auto Rental Vehicle Airfare Meals and Lodging $2.00/SF $4.00 /SF $1.00 /SF $0.50 /SF Cost + 15% $0.10 /sheet Cost +15% Prevailing IRS Cost Cost Cost CLASSIFICATION HOURLY RATES PROFESSIONALS Supervisory Engineer /Scientist $ 242.00 Senior Engineer /Scientist $ 222.00 Engineer /Scientist III $ 205.00 Engineer /Scientist 11 $ 180.00 Engineer /Scientist I $ 160.00 Staff Engineer /Scientist $ 127.00 TECHNICIANS Senior Technician $ 175.00 Designer $ 165.00 CADD II $ 139.00 CADD 1 $ 103.00 CLERICAL Administrative $ 103.00 General Clerical $ 81.00 SPECIAL Principal Engineer /Scientist $ 266.00 Deposition & Trial Testimony $ 350.00 REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement) Subcontracts or Outside Services Cost +15% Reproductions -In House Mylar Plots (B /W) Color Plots Vellum Plots (B /W) Bond Plots (B /W) Drawing Reproduction Document Reproduction - Outside Reproduction Travel Company Auto Rental Vehicle Airfare Meals and Lodging $2.00/SF $4.00 /SF $1.00 /SF $0.50 /SF Cost + 15% $0.10 /sheet Cost +15% Prevailing IRS Cost Cost Cost ACC>R "0 CERTIFICATE OF LIABILITY INSURANCE aYYYY CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1013/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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: Robin Lee Dealey, Renton & Associates PHONE 714-427 -6810 FAX 714- 427 -6818 P. O. Box 10550 Santa Ana CA 92711 -0550 EW.AICRE glee @delaeyrenton.com .Ne6 -ADDRESS INSURER(S) AFFORDING COVERAGE NAIc EACH OCCURRENCE INSURERA ACE American Insurance Company 122667 INSURED MOFFANICH INSURER B: INSURER C Moffatt & Nichol 3780 Kilroy Airport Way #750 DAMAIiES -R Long Beach, CA 90806 INSURER D: CLAIMS -MADE F1 OCCUR INSURER E INSURER F S COVERAGES CERTIFICATE NUMBER: 2076198655 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 LTR TYPE OF INSURANCE DL�SUBR INSD WVD POUCYNUMBER POLICY EFF MM /DOIYYYY POLICY EXP MMIDDIYYYY LIMITS COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE S DAMAIiES -R CLAIMS -MADE F1 OCCUR oNTED PREMISES Ea S MED EXP (Any one person) $ PERSONAL &AM INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY � ECT F7 LOC PRODUCTS - COMP/OP AGO $ S OTHER: OMOBILE UABIUTY Eaaccioent I S BODILY INJURY (Per person) S ANY AUTO R AUTOS�ED I SCHEDULED BODILY INJURY (Pe acoent) $ NON -OV EO HIRED AUTOS AUTOS RTY AMA Per accident) S S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAR CLAIMS -MADE DED I I RETENTIONS Is WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE PER OTH- STATUTE ER CH E.L. EA ACCIDENT Is OFFICER)MEMBER EXCLUDED? ❑ N/A E.L. DISEASE -EA EMPLOYE S (Myandatory in NN) deswuh, under If 0 SCRIPTON OF OPERATIONS belox E.L. DISEASE - POLICY LIMIT I S A A Professional Liability G25660225002 G25660225003 11/22/2015 11/22/2016 11122/2016 11122/2017 perclaim $1,000,000 annl aggr. $1,000,000 Claims Made 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarae Schedule, may Ee attached If more apace is required) Re: Restoration of Electrical Services to the Fire Damaged Seal Beach Pier. SEE CANCELLATION SECTION of Certificate for 30 Day Notice of Cancellation /10 Day for Non - Payment of Premium. CERTIFICATE HOLDER CANCELLATION 30 Day NOC /10 Day for NonPay of Prem @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 —8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE ka-z 10 @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Moffatt & Nichol Moffatt & Nichol, Inc. POLICY NUMBER: TB7 -Z91 462731 -025 9/28/2016 COMIMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETEDOPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or .property damage" caused, in whole or in part. by "your work' at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the 'products-completed operations hazard'. However: 1, The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s); Location And Description Of Completed Operations All persons or organizations with whom you have All locations as required by a written contract or entered into a written contract or agreement, prior to an agreement entered into prior to an 'occurrence' or "occurrence" or offense, to provide additional insured offense. status. Information required to complete this Schedule, if not shown above, will be shown in the Declarations CG 20 37 04 13 ® Insurance Services Office, Inc.. 2012 32101221 1 MOFFANTC 1 15-16 G1, CAC I C WC (CA) I Camtung NnuyEn 9/29/2016 2:19:09 PM (IM 1 Pa3e 3 Of 9 Page 1 of 1 9/28/2016 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following'aeachng dams' need be completed only when this endorsement Is Issued subsequent to preparation or the policy). This endorsement, effective 12:01 AM11/2212015 forms a part of Policy No. WC0019397907 (CA) Issued to Moffatt & Nichol Moffatt & Nichol, Inc. By National Union Fire Ins. Co Pittsburgh PA -A XV We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC 04 D3 61 Countersigned by _ _ _ _ _ _ (Ed. 11 190) Authorized Representative 32101221 1 MOFFANIC 1 15 -16 GL C r VMC NC (CA) I Cam[ung Nguyen 1 9/26/2016 2 : 19 : ne PM (POT) I Page 4 of 8 Moffatt 8 Nichol Moffatt 8 Nichol, Inc. 9/28/2016 POLICY NUMBER: T87 -Z91- 462731 -025 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule below 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 below. SCHEDULE Name Of Person Or Organization: As required by written contract or agreement entered into priorto loss. Information required to complete this Schedule, 4 not shown above, will be shown in the Declarations. CG 2404 05 09 ® Insurance Services Office, Inc., 2008 Page 1 of 1 32101221 1 MCP- An 1C 111 -16 .".L CAV CMC WC (CA) I CamC'Png Nguyen 19/2B/20:6 2 :19 08 PM IPpTI I Page i o[ B Moffatt & Nichol Moffatt & Nichol, Inc. POLICY NUMBER: AS2- z91A62731 -016 9/28/2016 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to {coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown In the Schedule Is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualities as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 3210/221 1 MCFFA rc I �3 -16 01 CAU 1MC ".iC (CA) I r..1 a Nguyen 1 9/28/1,0 -.6 2;19'.09 n. iFJI) I P.,. 6 of 3 Moffatt & Nichol Moffatt & Nichol, Inc. 9/28/2016 POLICY NUMBER: AS2- z91462731 -015 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies Insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRI ER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Names) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium: $Intl _ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 ® Insurance Services Office, Inc.. 2011 Page 1 of 1 32101221 I Y07,." 115 -16 G, C VMC NC ICAI I Ca 1C 1 Nguyen 1 9/28/2416 1:19:08 P. MV 11.1e ) of 6 ACC>RO" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1 `l 9/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SullivanCurtisMonroe Insurance Services 1920 Main Street Suite 600 Irvine, CA 92614 CONTACT NAME: PHONE FA% ac No Eat: 949.250.7172 uc No: 949852.9762 E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE A.CA INSURER A: Liberty Mutual Fire Insurance Company -A XV 23035 wvrW.SullivanCurtisMonme.com License q OE83670 INSURED Moffatt 8 Nichol INSURER a: Amencan Guaramee& Liability Ins Company -A +XV' 26247 $ 300,000 MED EXP(Any one person) Moffatt & Nichol, Inc. INSURER C: National Union Fire Ins. Co Pittsburgh PA -A XV 19445 INSURERD: 3780 Kilroy Airport Way, Suite 750 INSURER E: Long Beach CA 90806 INSURER F: PERSONAL B ADV INJURY $ 1 ,000.000 COVERAGES CERTIFICATE NUMBER: 32101221 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 ADDLSUBR POLICY EFF POULY EXP LTR TYPE OF INSURANCE III INA. wyn POUCYNUMBER MMIDDIYY'T MMAID LIMITS • `/ LGMMERLWLGENERAL LIABILITY `/ TB7- Z91- 362731 -025 7/112015 11122/20161 EACH OCCURRENCE $ 1,000,000 Nancy Turner CLAIMS-MAOE 10 OCCUR PREMISES IEa oNmurtence $ 300,000 MED EXP(Any one person) $ 5.000 ✓ Deductible/SIR$0 PERSONAL B ADV INJURY $ 1 ,000.000 'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $ 2,000.000 G EN 2 POLICY jEp � LOC PRODUCTS - COMPIOP AGG $ 2,000,000 Deductible /SIR none $ 0 ✓ OTHER: ProectlLoc. A $15M • AuTOmoelte LU &CITY ✓ ✓ AS2- 291-462731 -015 7/1/2015 11/22/2016 Eoan ale SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ✓ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident I; ✓ HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY Comp Ded$1,000 P er accident) TY DAMAGE $ $ Coll Dad $1,000 B ✓ UMBRELLA LIAR ✓ OCCUR AUC5761680 -02 7/1/2015 11122/2016 I EACH OCCURRENCE $ 25,000,000 I AGGREGATE $ 25,000,000 EXCESS UAB C ✓ DED I ✓ I RETENTION 0 Deductible /SIR (none) $ 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE OFFICEWMEMBER EXCLUDED? � NIA ,� WC0019397907 (CA) Includes USL &H 11/22/2015 11/2212016 LV 51AT„TE oRH- E. L. EACH ACCIDENT $ 1,000,000 E. L. DISEASE - FAEMPLOYEE $ 1,000,000 (Mandatory in NH) N yes. describe under DESCRIPTION OF OPERATIONS bebw EL DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mare space is repuired) RE:Restoration of Electrical Service to the Fire Damaged Seal Beach Pier Certificate holder is named as Additional Insured on the General Liability and Automobile per the attached endorsements. General Liability, Automobile Liability and Workers Compensation Waiver of Subrogation apply per attached. 30 days notice of Cancellation applicable endorsements to follow from the carrier. Primary & Non - Contributory wording is included in policy form per the attached endorsement. CERTIFICATE HOLDER CANCELLATION Clty of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 8th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seal Beach CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - Pel Nancy Turner ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 3201221 1 MOPPANtC 115 -16 CL CAU VMC 'n'C (CA) I Camteng Nguyen 1 9129/2016 2- .19:08 PM (PDT) I Page 1 of 3 Moffatt & Nichol Moffatt & Nichol, Inc. POLICY NUMBER T87- Z91462731 -025 9/28/2016 COMIERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage' or "personal and advertising injury' caused, in whole or in part. by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement. the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. ,B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: Name Of Additional Insured Person(s) Or Organization(s): 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations•, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Location(s) Of Covered Operations All persons or organizations with whom you have All locations as required by a written contract or entered into a written contract or agreement, prior to an agreement entered into prior to an -occurrence" or 'occurrence" or offense, to provide additional insured offense. status. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 0413 ® Insurance Services Office, Inc., 2012 32101221 1 MOFFANrC 1 15-16 vL CAC LMC NC (CA) I Camtung Nguyen 1 9/29/2016 2:19:09 PM (PDT) I Page 2 of 8 Page 1 of 1 Moffatt & Nichol Moffatt & Nichol, Inc. T87 -Z91- 462731 -025 9/28/2016 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured Is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 C Insurance Services Office, Inc., 2012 Page 1 of 1 32/0122/ 1 MOFFAN TC 1 15 -16 6L CAU N C "AC (CA) I Cam.... I...... 1 9/28/20:6 2 : 19 : 08 PM (P= I Page 0 of 8 November 1, 2016 Moffatt & Nichol Attn: James R. Crumpley, Project Manager 3780 Kilroy Airport Way, Suite 600 Long Beach, CA 90806 SUBJECT: Professional Services Agreement - Restoration of Electrical Services to the Fire Damaged Seal Beach Pier Dear Mr. Crumpley: At its regular meeting on May 23, 2016 the City Council approved Resolution 6649, proclaiming a Local Emergency related to the Fire Incident on the Seal Beach Pier. Attached is the above reference agreement approved by the authority of Resolution 6649. Pursuant to the City's Conflict of Interest Code, please complete and return FPPC Form 700 to the following address: City of Seal Beach Attn: Robin L. Roberts, City Clerk 21181h Street Seal Beach, CA 90740 Please feel free to contact me with any questions. Sincerely, CITY OF SEAL BEACH r R oberts City Clerk