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HomeMy WebLinkAboutPSOMAS - 2006-03-14 (3) 0 (/ ity\l Contracts Submittal to City Clerks Office R E C E 1 V FE \ Hunt / Beach, �_ 2006 MAR 14 PM 3: 09 70 To: City Clerk T y 1. Name of Contractor: PSOMAS 2. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Special Tax Consulting Services Pacific City CFD 3. Amount of Contract: $14,600 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer ORIGINAL bonds sent to Treasurer CITY CLERK'S OFFICE USE ONLY: am xtens n U,,,", City Attomey's Office0/010111 Date: 3/14/06 j/ g:/Attymisc/forms/city clerk contract transmittal.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSOMAS FOR SPECIAL TAX CONSULTING SERVICES PACIFIC CITY COMMUNITY FACILITIES DISTRICT THIS AGREEMENT ("Agreement") is made and entered into this / day of 2000 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and PSOMAS , a CALIFORNIA CORPORATION hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to PROVIDE SPECIAL TAX CONSULTING SERVICES ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A" which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates MICHAEL D. SWAN who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/15101 I • • 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 Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on DECEMBER 31, 2007 unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than ONE YEAR , from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 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. 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," a fee, including all costs and expenses, not to exceed FOURTEEN THOUSAND SIX HUNDRED Dollars ($ 14,000 ) 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 agree/forms/profserv10/15101 2 • • 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," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS 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 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. CITY agree/forms/profsery 10/15101 3 shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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. 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, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting agree/forms/profserv10/15101 4 • • provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 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. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either parry, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. agree/forms/profse,10111/01 1 0 • 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 approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/forms/profserv10/15101 6 • • 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 parry via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Mr. Michael D. Swan, PE ATTN: STANLEY SMALEWITZ Psomas 2000 Main Street Huntington Beach, CA 92648 3187 Red Hill Avenue, Ste 250 Costa Mesa, CA 92626 Phone: (714) 751-7373 agree/forms/profsery 10/15101 7 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. agree/forms/profsery 10/15101 8 • Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any parry 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. agree/forms/profserv10/15101 9 24. ATTORNEY'S FEES Except as expressly set forth in Section 8 of this Agreement, 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 non-prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. 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 parry or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that parry 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 supercede all prior agree/forms/profserv10/15101 10 • 0 understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, Psomas a municipal corporation of the State of California a California Corporation Director of Econo is D elo ment By: (Pursuant To §3.03.100) J hn R. Thornton print name ITS: (circle one)Chairman/Presiden ice President APPROVED AS TO FORM: AND M ^ Px�'� &L)(. City orney � 4ke�4 By: Loren Sokolow _ REVIEWED PROVED: print name ITS: (circle o ecretary hief Financial Office Asst. Secretary reasurer C Adkinistrator (only fo contracts ver$50,000.00) agree/forms/profserv10/15/01 I l ATTACHMENT A PACIFIC CITY COMMUNITY FACILITIES DISTRICT SPECIAL TAX CONSULTANT SCOPE OF SERVICES A. Prepare the Rate Method of Apportionment(RMA)based on the proposed development. After the financing team reviews it, finalize the RMA. This service will involve the calculation of special taxes necessary to support the proposed financing. B. The preparation of a CFD Report containing descriptions of the proposed public facilities, their estimated costs,projected bonded indebtedness, the anticipated issuance date and estimated annual special tax rates. C. Assistance to Disclosure Counsel with the preparation of the Official Statement. D. Preparation and execution upon closing of the transaction of a Special Tax Consultant Certificate confirming the adequacy of special taxes, based upon absorption studies, to meet debt service requirements for the CFD bonds. Additional tasks that you may be asked to perform in relation to the financing and administration of the District include: i. Testifying on behalf of the City at a public meeting or ii. Preparing a detailed value-to-lien or overlapping debt analysis. ATTACHMENT B PACIFIC CITY COMMUNITY FACILITIES DISTRICT SPECIAL TAX CONSULTANT FEE SCHEDULE* Rate &Method $6,800 CFD Report 3,600 Coordination of Documents (Resolutions, Documents and Official Statement) 3,800 Certification 400 TOTAL $14,600 *Consultant fees are paid with the deposit provided to the City from the developer. Su ity PROFESSIONAL SERVICE CONTRACTS Hun H.�awch® PURCHASING CERTIFICATION 1. Requested by: Carol Runzel 2. Date: February 2, 2006 3. Name of consultant: Psomas 4. Description of work to be performed: Special Tax (Economic) Consulting 5. Amount of the contract: $14,600.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 10080501. 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No Explanation: 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. ZR AMADRIL, Manag r Purchasing/Central Services ' If the answer to any questions n these o s is No, the contract will require approval from the City Council. Purchasing Cert Psomas 2/2/2006 11:17 AM Request for Proposals Pacific City Community Facilities District Special Tax Consultant List 1/19/06 Psomas Attn: Mike Swan 3187 Red Hill Ave., Ste 250 Costa Mesa, CA 92626 Phone: (714) 751-7373 FAX: (714) 545-8883 mswan(cD-psomas.com Albert A. Webb & Associates --- NO RESPONSE Attn: Paul Thompson 3788 Mccray Street Riverside, CA 92506-2927 Phone: (951) 686 1070 FAX: (951) 788 1256 Harris & Associates Attn: Joan Cox 34 Executive Park#150 Irvine, CA 92614 (949) 655-3900 jcox2 ha rris-assoc.com INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST RECEIV60 1. Requested by: Christi Mendoza, Risk Management FEB 2 8 2006 2. Date: February 23, 2006 City of Huntington seac City Attorneys Office IName of contractor/permittee: PSOMAS 4. Description of work to be performed: Special tax consultanting requiring analysis (to include mathematical calculations and report writing) of, the special tax funds to be allocated to the properties within the Community Facilities District 5. Value and length of contract: $14,600: Ending December 31, 2007 6. Waiver/modification request: $250.Q00 deductible/professional liability,insurance 7. Reason for request and why it should be granted: Unable to comply with the city's zero deductible insurance requirements 8. Identify the risks to the City in approving this waiver/modification: None. oZ 2 21& Departme t ead Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a;request to be granted. Approval from the City Admini atcr's Office is only required if Risk Management andth4bity Attorney's ree. 1. Ri k Management pproved ❑ Denied 2 Si nature Date 2. City Attorney's Office pproved ❑ Deni � zaZ��O SignaturdJ Date I City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved,the competed waiverfmodification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be fled with the Risk Management Division of Administrative Services Q^ Client#•6181 SAS JrCOR CERTIFICATE OF LIABILITY INSURANCE )DIM PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana,CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED PSOMASINSURER A: Hartford Fire Ins.Co. 11444 W INSURER B: Travelers Property Casualty Co of Am 1444 West Olympic Blvd.,Suite 750 INSURER American Automobile Ins.Co. West Los Angeles,CA 90064-1549 INSURER D: U.S.Specialty Insurance Company INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MWDC DATE MM/DD A GENERAL LIABILITY 57CESOAl659 10/15/05 10/15/06 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1000000 CLAIMS MADE a OCCUR INDP.CONTRACTORS MED EXP(Any one person) $10 000 X CONTRACTUAL INCLUDED PERSONAL a ADV INJURY $1,000,000 X BFPD,XCU GENERAL AGGREGATE $2 000000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG 12,000,000 POLICY X E° Loc Deductible $25 000 B IAUTOMOBILE LIABILITY P810153D8928TIL05 10/15/05 10/15/06 COMBINED SINGLE LIMIT $1,000,000 �X ANY AUTO (Ea accident) --" ALL OWNED AUTOS -- BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) AS TO ---"�---- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY " v AUTO ONLY-EA ACCIDENT $ ANY AUTO A ® E l EA ACC $ OTHER THAN I9 AUTO ONLY: AGG $ — EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ " DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND WZP80934662 10/15/05 10/15/06 X, WC STATU- OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT is1,000,000 E.L.DISEASE-EAEMPLOYEE $1,000,000 _ E.L.DISEASE-POLICY LIMIT 1$1,000,000 D OTHER Professional US051170301 10/15/05 10/15/06 $1,000,000 per claim lability $1,000,000 annl aggr. $250,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONSNEMCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services 2HUN011400 Provide professional special tax consultant services Pacific City (See Attached Descriptions) CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION Ten Day Notice for Non-Payment of Premiuln SHOULD ANYOF THE ABOVE DESCRIBED POUCIESBE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WIN( x=TO MAIL 30"_DAYSWRITTEN Attn:RISK Mgmt. NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, Jt k 19001 Huntington Street xlaeaca�axseacatantsaRxoala xoxxx�c Huntington Beach,CA 92648 jxMitwevAwmex AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 2 #M140586 RLL o ACORD CORPORATION 1988 W, F .111'n.A I 1"0' Community Facilities District City of Huntington Beach,its agents,officers and employees and the Redevelopment Agency of the City of Huntington Beach are Additional Insured as respects to General&Auto Liability. Primary and Non-Contributing coverage applies to GL.Cross Liability coverage,Waiver of Subrogation apply to GL. Waiver of Subrogation for Work Comp is included. (GL-Al/AU-AI/PR/SBGL/CRS/SUB/X) _521 AMS 25.3(07197)2 of 2 #M940586 POLICY NUMBER: 57CESOA1659 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach Attn: Risk Mgmt . 19001 Huntington Street Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Name of Person or Organization: its agents,officers and employees and the Redevelopment Agency of the City of Huntington Beach PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S) , BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. SEVERABILITY OF INTEREST: IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT. CG201011 85 POLICY NUMBER: P810153DB928TIL05 BUSINESS AUTOMOBILE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED ENDORSEMENT (CA 20 48) Name of Person(s)or Organization(s) City of Huntington Beach Attn: Risk Mgmt. 19001 Huntington Street Huntington Beach, CA 92648 BUSINESS AUTO COVERAGE Each person or organization indicated above is an"insured"for Liability Coverage, but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured provision contained in SECTION II of the Coverage Form. Name of Person or Organization: its agents,officers and employees and the Redevelopment Agency of the City of Huntington Beach CA20 48 07 97 • 0 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"attaching clause"needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms apart of Policy No. WZ P 8 0 9 3 4 6 6 2 Issued to: PSOMAS By: American Automobile Ins. Co. Premium(if any)TBD 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 the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5%of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Huntington Beach Person or Organization: its Attn: Risk Mgmt. agents,officers and employees and the 19001 Huntington Street Redevelopment Agency of the City of Huntington Beach, CA 92648 Huntington Beach �l WC 04 03 06 Countersigned by (Ed.4-84) Authorized Representative