REQUEST FOR PROPOSAL FOR
ON-CALL CONSTRUCTION MANAGMENT, MATERIALS TESTING, and INSPECTION SERVICES.
Public Works Department
CITY OF HUNTINGTON BEACH
Released on May 15th, 2025
ON-CALL CONSTRUCTION MANAGEMENT SERVICES and MATERIALS INSPECTION
SERVICES
REQUEST FOR PROPOSAL (RFP)
1. BACKGROUND
The City of Huntington Beach (“City”) Public Works Department is seeking experienced consultant firms to assist the City’s staff in the following service category, to perform Construction Management and Material Inspection services for any City related projects and activities. Qualified firms shall provide construction management consulting services on an “on-call” basis for projects assigned during the term of the contract. The contract will be for a minimum 3-year term. The City will issue task orders for each project based upon the scope-of-services; qualifications, work schedule, and reasonableness of the fee.
For task orders greater than $30,000 City may typically solicit proposals from 2 or more qualified consultants for City funded projects.
2. SCHEDULE OF EVENTS
This Request for Proposal will be governed by the following estimated schedule:
Release of RFP May 15, 2025 Deadline for Written Questions May 30, 2025 by 4pm Responses to Questions Posted on Web June 6, 2025 Proposals are Due June 13th, 2025 by 4pm Interviews, if Necessary 3rd Week of July Proposal Evaluation Completed and Notification August 2025 Approval of Contract September 2025
3. SCOPE-OF-WORK BY SERVICE CATEGORY
In general, the consultant shall perform consulting services on an “on-call” basis for projects assigned by the City. The scope-of-work for any one project may involve all phases of project development and may include but, is not limited to the following:
A. Construction Management
The City is seeking experienced Construction Management firms to assist the City’s staff in providing Construction Management and Inspection Services for a wide variety of capital improvement projects.
The City anticipates a steady amount of construction activity in the next 3 years for various public works infrastructure projects, including and not limited to: pump stations, lift stations, curb and gutter, sidewalks, pipelines, traffic signals, structures, road rehabilitation, and bridge retrofits. In addition, the City anticipates consistent construction activity on City facilities, including fire stations, police department facilities and substations, community centers, beach and park restrooms, libraries, and city hall facilities. This vertical construction work will involve various tenant improvements (TI), general office and building remodel and renovations, superstructure and subgrade structural retrofits, new building construction, security and fire system modifications, and building mechanical, electrical, and plumbing (MEP) improvements. The successful firm will be responsible for all professional related Construction Management and Inspection services.
In addition to traditional Design-Bid-Build projects, the City is planning to utilize Design-Build (DB) and Progressive Design-Build (PDB) delivery methods for applicable infrastructure and facility projects. As such, the City seeks firms with demonstrated experience in managing DB and/or PDB projects, including coordination between designers and contractors, early-phase constructability review, and support for collaborative project delivery models. Selected firms may be assigned task orders that align with these delivery methods and will be expected to provide services that support both early-phase and post-award construction management functions under DB or PDB frameworks.
Interested firms shall address in their qualification statements, their firms ability to provide the following services if selected by the City. The successful firm will be expected to provide these services for locally funded CIP projects.
The City prefers those qualified firms assigned to its projects, that the Construction Manager hold a certification, Project Manager Professional or Certified Construction Manager (PMP or CCM) by a nationally recognized professional Construction Management organization.
B. Construction Materials Testing
The City is seeking experienced Construction Material Testing firms to assist the City’s staff in providing Construction Material Testing services for a wide variety of local funded capital improvement construction projects.
The City anticipates a steady amount of construction activity in the next 3 years for various public works infrastructure projects, including and not limited to: traffic signals, pump stations, curb and gutter, sidewalks, pipelines, structures, road rehabilitation, reservoirs, and bridge retrofits. The successful firm will be responsible for all professional related Construction Material Testing services.
In addition, the City anticipates consistent construction activity on City facilities, including fire stations, police department facilities and substations, community centers, beach and park restrooms, libraries, and city hall facilities. This vertical construction work will involve various tenant improvements (TI), general office and building remodel and renovations, superstructure and subgrade structural retrofits, new building construction, security and fire system modifications, and building mechanical, electrical, and plumbing (MEP) improvements. The successful firm will be responsible for all professional related Construction Management and Inspection services.
Administrative:
1. Perform a “third” party constructability review of the project plans and specifications prior to the preconstruction conference and identify potential problems that may need attention before construction starts. Provide reviews and comments from ADA compliance perspective.
2. Review project permit requirements.
3. Prepare and conduct Pre-Construction Meetings.
4. Provide coordination of project activities and prepare reports and documents, as necessary, for City review and action.
5. Maintain at the consultant’s local office, on a current basis; a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings, product data; samples; submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which are relevant to the contract work.
6. Provide weekly status reports to the City as required.
7. Review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with Design Engineers.
8. Utilize the City’s Virtual Project Manager (VPM) platform to perform project management duties and maintain project updates. A proprietary Excel-based tracking database may be made available to the consultant for the purpose of retrieving pertinent information (e.g., logs, payment applications, working day statements) throughout the course of the assignment. Direct input into the City’s internal tracking system (PTS) by outside agents is will be allowed on an as needed basis.
9. Monitor contractor and subcontractor compliance with State labor law and paperwork requirements including certified payroll, conducting spot interviews with employees on the project, preparing daily reports listing employee, labor classifications, hours worked and equipment on project, maintaining evidence of apprentices employed on the project, spot checking payrolls to ensure that applicable Davis-Bacon or State prevailing wage rates are paid and ensuring that contractor has posted all required posters, notices and wage determination at the job site.
10. Administer the construction contract in conformance with the requirements set forth in the project Plans and Specifications including applicable requirements from Caltrans Standard Plans and Specifications.
11. Receive, log and respond to Contractor Request-for-Information (RFI’s).
12. Conduct weekly construction progress meetings with contractor, subcontractors, City staff, design engineer, sub-consultants, affected outside agencies, general public, business owners, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting minutes.
13. Coordinate and monitor all inspection activities.
14. Maintain an open door policy and meet with general public as needed regarding the construction and make recommendations to address their concerns.
15. Receive and process all shop drawings, project data, samples, and other submittals to the design engineer for review. Establish and implement procedures for expediting the processing and approval of submittal.
16. Coordinate submittal review with design engineer on an as needed basis.
17. Coordinate with the City Engineer and other city departments.
18. Document all claims and maintain for account records. Provide all necessary documentation and support to the City in settling claims.
19. Administer implementation of project's traffic control plans and perform weekly review for conformance to approved plan.
20. Coordinate and schedule construction surveying.
21. Coordinate testing requirements and scheduling of material testing.
22. Review and analyze the contractor's cost loaded / resource loaded baseline project schedule for critical path, activity logic sequences, realistic durations, constraints, schedule of values and schedule of delivery for products with long lead time which includes submittal process.
Work with contractor (weekly) to maintain the project schedule updates to show current conditions and suggest revisions as required that will be congruent with monthly progress pay requests.
23. Recommend necessary or desirable changes in the construction contractor's scope of work to City. Review and evaluate contractor's request for changes. Negotiate with contractor and submit recommendations to City supported by field data related to any additional work. If change orders are accepted by City, prepare change orders for signature and authorization by the City. Maintain a log of change requests.
24. Oversee contractor maintains “As-Built” project schedule.
25. Review pay requests and provide recommendation for contractor payments.
26. Coordinate the transition for beneficial occupancy of the project by City of Huntington Beach.
27. Coordinate any training sessions required for City staff.
28. Conduct regular coordination meetings with property owners and business owners.
29. Construction Closeout - Consultant shall provide the following project closeout services:
Administer and coordinate final inspections.
Coordinate the correction and completion of the work. Assist City in determining when the project or a designated portion thereof is substantially complete.
Calculate the amount of final payment due prime contractor. Obtain evidence of certification of all lien releases. Assist City with filing the project "Notice-of-Completion" (NOC). Secure and transmit to City, required guarantees.
Issue the notice of substantial completion and process the notice of completion. Coordinate any startup requirements.
Deliver all equipment manuals, special equipment, spare parts, catalogs, and other materials required by specifications.
Collect all as-built data from contractors or consultants. Make recommendation for the release of retention.
Provide construction management documents and records to the City.
C. Inspection:
1. Review contract documents, plans and permits.
2. Attend the pre-construction meetings.
3. Monitor and enforce construction noticing requirements, including but not limited to SWPPP requirements.
4. Maintain field diary (bound workbooks) during construction, including equipment, labor and materials, a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation.
5. Monitor the contractor’s fugitive dust control plan and ensure the contractor using approved haul routes and they are kept clean.
6. Ensure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the contractor's work in accordance with the approved construction contract documents.
7. Determine that the contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard City against defects and deficiencies in the work. As called out, require special inspection or testing, or make recommendations to City regarding special inspection or testing of work not in accordance with the provisions of the contract documents whether or not such work is fabricated, installed or completed.
8. Provide and maintain a digital photographic history of the progress of the project. Photos will also be taken of the following:
1. City-furnished equipment
2. Showing existing conditions prior to construction.
3. Disputed work items.
4. Work that has to be duplicated, replaced, or removed.
5. Completed work.
6. Extra Work.
9. Record the progress of the project. Maintain a daily log containing a record of weather, contractor and subcontractor’s work on site, contractor and subcontractor’s equipment with hours on site, number and names of workers with hours on site, work accomplished, problems encountered, and other relevant data. Provide copies of daily logs to City as required. Include information on contractor and the entire project, showing percentages of completion. Daily Reports should be detailed enough to support Time and Material payments for the contractor's work in case of future disputes.
10. During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections to support as-built drawings.
11. Maintain copies of all permits needed to construct the project, certifications and enforce special requirements of each.
D. Labor Compliance:
1. Inform contractor of prevailing wage requirements, reporting, and applicable wage determinations at preconstruction meeting.
2. Provide Davis-Bacon & State Wage compliance monitoring and/or reporting in accordance with current California DIR procedures
3. Respond to DIR inquiries/requests
4. Provide administrative, clerical and investigative services, from pre-bid through project closeout.
5. Review contractor submitted payrolls for accuracy of calculated wage rates, benefits and overtime hours as compared to the applicable wage determination.
6. Perform site investigations during the course of the construction contract, completing questionnaires to determine if employees are treated fairly according to the California Labor Code and Davis-Bacon and Related Acts regulations.
7. Coordinate if California DIR in resolving non-compliance issues.
8. Submit a final report to the City upon completion of each project summarizing any identified discrepancies and resolutions to those discrepancies affecting the project.
9. Defend certified payroll audits if conducted by controlling agency.
E. Construction Materials Testing
1. The consultant shall be responsible for all the tests as required by the Caltrans Standard Specifications and the Project Special Provisions.
2. The consultant shall perform the materials testing services in accordance with the City’s approved Quality Assurance Program (QAP) (See Appendix E), California Department of Transportation, Construction Manual, Chapters 3, “Control of Materials” and Chapter 6, “Sample Types and Frequencies.” The consultant shall provide for initial “Samples and Tests” on materials proposed for use in the project. The firm shall provide for “Acceptance Tests” on materials that will be incorporated into the work. Sampling should begin as soon as material is delivered or in place. Sampling shall continue as work progresses.
3. The consultant shall conduct all testing in a Caltrans Certified Laboratory, or equivalent. All sampling and testing shall be done by personnel and laboratory with the appropriate accreditation for the testing and sampling designated to perform. Proof of the appropriate accreditation shall be submitted for approval by the City.
4. Provide a qualified technician as necessary to conduct density tests as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered.
5. Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for minor concrete and bridge structure concrete.
6. Perform compression strength tests on concrete cylinders in accordance with ASTM C39 for bridge structure concrete.
7. Consultant shall keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, must be documented in the project files also. Test results shall cite applicable contract requirements, test and/or analytical procedures used. Provide actual results and include a statement that the item tested or analyzed conforms or fails to conform to specified requirements. Test results shall be signed by a testing laboratory representative authorized to sign certified documentation and forward to the City.
8. Testing Plan and Log shall be maintained by the Consultant. The QC Manager shall record on the Test Plan and Log the date the test was conducted, the date the test results were forwarded to the Engineer, remarks and acknowledgement that an accredited or Engineer approved testing laboratory was used. Submit a copy of the updated Test Plan and Log with the Contract Quality Control Report each month.
9. Maintain a rework Items list of work performed that does not comply with the Contract.
The Contractor shall be responsible for including on this list items needing rework including those identified by the Engineer.
10. Maximum density tests shall be performed at the job site unless otherwise approved by the City Engineer.
11. Consultant shall keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, shall also be documented in the project files.
12. Consultant shall use the most economical mode of transportation available consistent with the time element involved.
13. Project Certification – Send a materials certification memorandum to the Public Works Contract Administrator, City of Huntington Beach, upon completion of the project. File a copy of the memorandum in the job files. Note all non-conforming materials on the memorandum. This includes materials accepted at reduced pay factors.
14. A California licensed engineer shall sign the materials certification memorandum.
15. Any Non-Compliance results of materials shall be reported to the City’s Project Manager and City Project Inspector within twenty four (24) hours from the time of sampling.
4. CITY RESPONSIBILITIES
Furnish a task order or scope-of-work request and provide general direction as needed for each project assigned.
Furnish available record drawings of existing facilities within the City’s jurisdiction. Furnish templates of construction plans and specifications acceptable to the City. Furnish Owner supplied equipment for specific capital improvement projects.
5. PROPOSAL FORMAT GUIDELINES
Interested consultants are to provide the City with a thorough proposal using the following guidelines:
Proposal shall be typed, concise, no more than 20 pages of information, and no more pages than indicated in the following sections, excluding the Index/Table of Contents, tables, charts, forms, and graphic exhibits. Resumes of key personnel are not counted toward the page limitation if inserted at the end of the proposal.
12-point font size and 1.5 point line spacing is required for typed portions of the letters and proposal sections except smaller fonts are allowed for tables, charts, and exhibits. The inclusion of 11” by 17” sheets are allowed if folded to fit the proposal. Consultants are required to complete Exhibit A: Pre-Qualification Form and included in the proposal. Teaming is allowed.
Cover Letter (2 pages max.) A cover letter must summarize key elements of the proposal. An individual authorized to bind the consultant must sign the letter. The cover letter must include the address and telephone number of the consultants’ Project Managers’ office located nearest to Huntington Beach that will provide the project deliverables directly to the City.
Each proposal will adhere to the following order and content of sections (A-D). Proposals must be straightforward, concise, and provide “layman” explanations of technical terms that are used. Emphasis must be concentrated on conforming to the RFP instructions, responding to the RFP requirements.
Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following proposal sections are to be included in the consultant’s response:
A. Cover Letter (2 pages max. and not included in page count) A cover letter must summarize key elements of the proposal. An individual authorized to bind the consultant must sign the letter. The cover letter must include the address and telephone number of the consultants’ Project Managers’ office located nearest to Huntington Beach that will provide the project deliverables directly to the City.
B. Vendor Application Form
Complete Appendix A, “Request for Proposal - Vendor Application Form” and include this behind the cover letter. (Vendor Application Form will not be counted toward the page count.) C. Pre-Qualification Form (Exhibit A)
The following Pre-Qualification Form must be included in the consultants proposal, behind the Vendor Application Form (See Appendix A). On Exhibit A: Pre-Qualification Form, consultant must indicate if they are willing, or unwilling, or unable to execute the Agreement as drafted (See Appendix B) as well as providing the insurance requirements (See Appendix C). (Pre-Qualification Form will not be counted toward the page count.)
D. Service Category Firm
Qualifications
This section should be organized by service category. The information requested in this section must describe the qualifications of the firm and key staff performing projects preferably similar to Huntington Beach Public Works infrastructure and facility projects within the past seven (7) years in Orange County/Los Angeles County to demonstrate competence to perform these services.
Information shall include:
1) Summarize the firm’s demonstrated capabilities, including length of time that your firm has provided the services being requested in this Request-for-Proposal. 2) The key personnel, sub-consultants that have participated on named projects and their specific responsibilities and years of experience with respect to this scope of work. 3) Provide at least three separate preferably Orange County/Los Angeles County public agency references that have received similar services from your firm. The City reserves the right to contact any of the organizations or individuals listed. Information provided shall include:
Name of Project, preferably Orange County/Los Angeles County Public Agency, Agency Primary Contact, email and telephone number.
Brief project description (i.e. miles of street rehabilitation, construction cost, building project scope, etc.)
Project Manager on the project who also is the PM on the proposal and key personnel Start/Finish (months & years)
4) Provide a brief synopsis of the proposal summarizing the firm’s unique qualities and the overall benefit of the proposal for the City and your understanding of the services. 5) Include relevant experience supporting Design-Build and/or Progressive Design-Build project delivery. Provide a summary of past DB/PDB projects including owner type, delivery structure, CM role, and lessons learned.
6) Resumes (do not count towards page limit but recommend be limited to 15 pages)
Preferred Staffing
Provide an organization chart which lists all key individual(s) who will be working on infrastructure and facility projects, indicating the functions that each will perform. The organization chart shall include the proposed Construction Manager, which will be the single point of contact for the Consultant for this service category. Include resumes for all key personnel as indicated in section above, along with copies of any pertinent certifications.
Construction Manager has a PMP or CCM certification
Public Works Inspectors certified in Public Works infrastructure; concrete, sewer, water, and paving.
Facility Inspectors certified in California Building Code (CBC); California Commercial Electrical, California Commercial Plumbing, California Commercial Mechanical, California Commercial Building
Project Scheduler experienced both in using the latest Primavera and Microsoft Project software and defining/analyzing work breakdown structure, time impact analysis, and critical path analysis.
Upon award and during the contract period, if the consultant chooses to assign different personnel to the project, the consultant must submit their names and qualifications including information listed above to the City for approval before they begin work.
Understanding & Methodology Section
This section must describe your understanding of the City’s objectives to be accomplished, innovative approaches, and solutions to similar projects that would be undertaken by the City, and detailed descriptions of efforts your firm will undertake to achieve client satisfaction. Refer to Scope-of-Work of this RFP.
For similar projects the City’s 2024/2025 CIP can be viewed at; https://huntingtonbeachca.gov/departments/public_works/engineering/major_projects.php E. Rate Sheet
Salary information shall be included in the RFP of all proposed positions including materials and/or tools needed in the performance of duties. Rate sheets shall include a four (4) year, locked, cost rate table, referencing the index in which increases are associated. Interested proposers shall submit a detailed hourly rate schedule, which is to be uploaded under the Cost File in PlanetBids. If sub-contracting, surveying, the rate structure for those services shall be included.
Sub-Contracting, and Sub-Consultants shall have a maximum markup of 10%.
6. PROCESS FOR SUBMITTING PROPOSALS
City typically will advertise the RFP through PlanetBids.com. Interested firms are to provide the City with a thorough proposal package using the following instructions:
a. Download RFP
Via the PlanetBids.com web site for the City as shown below, you will register and download the RFP.
http://www.planetbids.com/HuntingtonBeach/BidsOnline.cfm
b. Submission of Proposal Package
Complete written proposals must be submitted electronically in PDF file format via the Planetbids.com website no later than 4:00 p.m. (P.S.T) on June 13, 2025. Proposals will not be accepted after this deadline. Standard mail, faxed or e-mailed proposals will not be accepted. Proposals shall be prepared with sufficient details to allow for thorough evaluation and comparative analysis. Proposals will not be accepted after this deadline. Faxed or e-mailed submissions will not be accepted.
Proposals shall be prepared with sufficient details to allow for thorough evaluation and comparative analysis. Proposals will not be accepted after this deadline. Faxed or e-mailed submissions will not be accepted.
c. Inquires
Questions about this RFP must be submitted prior to the specified deadline, and must be directed in writing, via e-mail via PlanetBids Q&A tab no later than 4pm, May 30, 2025 for response.
7. EVALUATION CRITERIA
The City’s evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The ranking will consist of the basic proposal for clarity and following all directions. Additionally, points will be awarded for Qualifications, Understanding and Methodology, and Staffing in each category. The consultants in the top ranking will have References Checked, Local Preference Check, and an Interview, if necessary.
A. Proposal Clarity - Use of terms and explanation throughout are understandable. (10 points) B. Firm Qualifications - Experience of the firm, experience with projects of similar scope, complexity, and magnitude for preferably other Orange County/Los Angeles County public agencies. (25 points)
C. Staffing - Experience of the project manager and other key individuals assigned to the project.
Educational background, work experience, and related consulting experiences. (25 points).
D. Understanding & Methodology - Firm has an understanding of the work to be done, successful implementation and shows effort in completing projects efficiently and accurately. (15 points) E. Reference Check (10 points) The City may also contact and evaluate the consultant’s and sub- consultant’s references; contact any consultant to clarify any response; contact any current users of a consultant’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.
F. Interview (15 points). After written proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview or video/voice conference interview, at the City’s discretion, will be a question/answer format for clarifying the intent of any portions of the proposal. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, must be present at the oral interview or video/voice conference interview.
G. Local Preference Check (5 bonus points). The consultant will earn 5 bonus points for having an office located in the city and a valid City Business License issued a minimum of 6 months prior to the RFQ release date.
H. Experience with Design-Build/Progressive Design-Build delivery methods and ability to support early-phase project collaboration (5 bonus points)
A ranking will be performed with the subtotal score for each category and only the top contenders will be considered further.
I. A Notification of Intent to Award may be sent to the consultant selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing consultants unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring consultant or withdraw the RFP.
J. Business License - The Consultant will be required to have a valid City Business License. https://cms3.revize.com/revize/huntingtonbeachca/Documents/Business/Licenses%20Permits%20& %20Code/Business%20License/FORMS/Standard-Business-License-Application%202024.pdf K. Interview - After written proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview or video/voice conference interview, at the City’s discretion, will be a question/answer format for clarifying the intent of any portions of the proposal. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, must be present at the oral interview or video/voice conference interview.
The City reserves the right to waive informalities and to contract with multiple firms or reject all proposals at its sole discretion. Consultants are encouraged to keep their proposals brief and relevant to the specific work required.
8. GENERAL REQUIREMENTS
Insurance Requirements
City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract.
Within ten (10) consecutive calendar days of award of contract, successful consultant must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix C.
The consultant is encouraged to contact its insurance carriers during the qualifications submittal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement.
Standard Form of Agreement
The consultant will enter into an agreement with the City based upon the contents of the RFP and the consultant’s response. The City’s standard form of agreement is included. The consultant shall carefully review the agreement, especially the indemnity and insurance provisions, as the standard form of agreement will not be changed, and must be accepted as is. Assuming the consultant is agreeable with no exceptions, a statement to that effect shall be included in the qualifications submittal.
Disclaimer
This RFP does not commit the City to either issue an RFP, award a contract, or to pay any costs incurred in the preparation of the RFP response. The City reserves the right to extend the due date for the RFP, accept or reject any or all proposals submittals received as a result of this request, negotiate with any qualified consultant or cancel this RFP in part or in its entirety without penalty.
Assigned Representatives
The City will assign a responsible representative to administer the contract and to assist the consultant in obtaining information. The consultant shall also assign a responsible representative (project manager) and an alternate, who shall be identified in the RFP response. The consultant’s representative will remain in responsible charge of the consultant’s duties from the notice-to- proceed through project completion. If the consultant’s primary representative should be unable to continue with the project, then the alternate representative identified in the RFP response shall become the project manager. Any substitution of representatives or sub-consultants identified in the RFP response shall first be approved in writing by the City’s representative. The City reserves the right to review and approve/disapprove all key staff and sub-consultant substitution or removal, and may consider such changes not approved to be a breach of contract.
Pre-Qualification Form
EXHIBIT A
PRE-QUALIFICATION FORM
ON-CALL CONSTRUCTION MANAGEMENT and MATERIALS INSPECTION CONSULTING
SERVICES
SERVICE CATEGORY PROPOSING? Y/N
(circle)
A. Construction Management Yes / No
(Initial) Consultant is willing to execute the Agreement as drafted (See Appendix B).
(Initial) Consultant is able to provide the insurance as required (See Appendix C).
Firm Name:
Firm Address:
Signature: Date:
Vendor Application Form
APPENDIX A
REQUEST FOR PROPOSAL
VENDOR APPLICATION FORM
TYPE OF APPLICANT: NEW CURRENT VENDOR
Legal Contractual Name of Corporation:
Contact Person for Agreement:
Corporate Mailing Address:
City, State and Zip Code:
E-Mail Address:
Phone: Fax:
Contact Person for Proposals:
Title: E-Mail Address:
Business Telephone: Business Fax:
Is your business: (check one)
NON PROFIT CORPORATION FOR PROFIT CORPORATION
Is your business: (check one)
CORPORATION LIMITED LIABILITY PARTNERSHIP
INDIVIDUAL SOLE PROPRIETORSHIP
PARTNERSHIP UNINCORPORATED ASSOCIATION
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone
Federal Tax Identification Number:
City of Huntington Beach Business License Number:
(If none, you must obtain a Huntington Beach Business License upon award of contract.)
City of Huntington Beach Business License Expiration Date:
Agreement as Drafted
APPENDIX B
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Exhibit B – Draft Contract
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
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 , a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to ; 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 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.
3. TERM; TIME OF PERFORMANCE
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Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 20 (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 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 Dollars ($ ).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
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termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 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 CONSULTANT performs “Design Professional Services” within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above:
“CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, 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
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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 B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney’s fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.
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 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.
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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 furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice; however, ten (10) days’ prior written notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
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from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF 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 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. 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
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approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove.
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. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach
ATTN:
2000 Main Street
Huntington Beach, CA 92648
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17. CONSENT
When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and 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 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
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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 are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT.
24. ATTORNEY’S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney’s fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party.
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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 hereinbelow 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 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. agree/ surfnet/professional svcs mayor
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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,
COMPANY NAME
By:
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
print name
ITS: (circle one) Chairman/President/Vice President
AND
By:
City Clerk
INITIATED AND APPROVED:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
City Attorney
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
B. CONSULTANTS’ DUTIES AND RESPONSIBILITIES:
C. CITY'S DUTIES AND RESPONSIBILITIES:
D. WORK PROGRAM/PROJECT SCHEDULE:
EXHIBIT “B”
A. Hourly Rate
Payment Schedule (Hourly Payment)
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule:
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it.
2. Each month’s bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) 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.
5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement.
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement.
PROFESSIONAL SERVICES CONTRACT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
FOR
Table of Contents
1 Scope of Services .................................................................................................... 1 2 City Staff Assistance ............................................................................................... 2 3 Term; Time of Performance .................................................................................... 2 4 Compensation .......................................................................................................... 2 5 Extra Work .............................................................................................................. 2 6 Method of Payment ................................................................................................. 3 7 Disposition of Plans, Estimates and Other Documents ........................................... 3 8 Hold Harmless ......................................................................................................... 3 9 Professional Liability Insurance......................................................................….….4 10 Certificate of Insurance ........................................................................................... 5 11 Independent Contractor ........................................................................................... 6 12 Termination of Agreement ...................................................................................... 6 13 Assignment and Delegation ..................................................................................... 6 14 Copyrights/Patents .................................................................................................. 7 15 City Employees and Officials .................................................................................. 7 16 Notices……………………………………………………………………………..7
17 Consent .................................................................................................................... 8 18 Modification ............................................................................................................ 8 19 Section Headings ..................................................................................................... 8 20 Interpretation of this Agreement ............................................................................. 8 21 Duplicate Original ................................................................................................... 9 22 Immigration .............................................................................................................. 9 23 Legal Services Subcontracting Prohibited ................................................................ 9 24 Attorney's Fees ......................................................................................................... 10 25 Survival .................................................................................................................... 10 26 Governing Law ............................................................................................................. 10 27 Signatories ................................................................................................................ 10 28 Entirety ..................................................................................................................... 10 29 Effective Date………………………………………………………………………11
City’s Insurance Requirements
APPENDIX C
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII.
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances.
Vendor Type Minimum Insurance Requirements
Professional Liability
Design Professionals: Professional service contractors who contract with the City and/or provide architectural and/or engineering services to the City.
Minimum of $1,000,000 per occurrence and in
the aggregate. Allows up to $10,000 deductible.
Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to HB Muni Code 3.02. Services includes but is not limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants.
Claims made policies are acceptable if the policy further provides that :
1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work (including subsequent policies purchased as renewals or replacements). 2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds.
3) If insurance is terminated for any reason, professional services contractor 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 or permit.
4) The reporting of circumstances or incidents that might give rise to future claims.
HB Insurance Matrix revised 10-27-08 1 of 1