HomeMy WebLinkAboutPsomas - 2008-12-15 0
CONTRACTS SUBMITTAL T?
CITY CLERK S FFICE I 2603 DEC I Al" 11: 04
OD E
o H k_' 'X 7 ! '
To: JOAN FLYNN, City Clerk
Name of Contractor: Psomas
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Special Tax Consulting Services (Pacific City CFD)
Amount of Contract: $11 ,180.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. to Risk Management X
Finance Dept. ORIGINAL bonds sent to Treasurer El
(:jg'0'j'4 1jyj?ee'4 0- 't==t9 Date:
Nam ens_ti_on_
CittA.,torney's Office
I�L7
G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
sup s5egm
C!-fl commovrry --TAcanies VIS-1-P-1c-T-
THIS AGREEMENT("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY, and �M , a CAtFFpjZt.i tF} CjX tp- hereinafter referred
to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
t, i6a(Ut-Tl & a�g ;and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code,Chapter 3.03,relating to procurement of professional service
contracts have been complied with;and
CONSULTANT has been selected to perform these services,
NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates KbAi -L �,Sins IIJ who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM;TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on pQCeMbP� �� , 200$(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-11AR 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 -T(-{(Ij,ISMf) DID-HP -El Dollars
($ l i
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
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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 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 (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
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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 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
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forthwith terminate this Agreement. Such termination shall not affect 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 ag required by this Agreement;the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force;and
C. shall promise that.such policy shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice; however, ten (10) days' prior written notice in
the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in
this Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely
manner,the premiums on the insurance hereinabove required.
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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.
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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 W, M jCftnn D ftN i
ATTN: S"C !`tL �;AP(-&V n
2000 Main Street 1 b 41IL4 A�U�UF', LI IRD
Huntington Beach, CA 92648 c6x;l�rpl-A, Ck !qIw e
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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
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to require the commission of any act contrary to law, and wherever there is any conflict between
any provision contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals,each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original. Each duplicate original shall be
deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services 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.
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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.
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.
CONSULTANT's initia
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
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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.
29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the date
of its approval by the City Attorney. This Agreement shall expire when terminated as provided
herein.
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
5�M California
COMPANYNAME
By: � � �p Director/Chief
(Pursuant To HBMC§3.03.100)
� print name
ITS: (circle one)Chainnan/Presiden ice Pres. iden3
APPROVED,AS TO FORM:
.AND
City Attorney
By:
print name Date
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary—Treasurer
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Perform Special Tax Consulting Services for the formation of the Community Facilities
District (CFD) project for Pacific City. Makallon Atlanta Huntington Beach, LLC.
Developer of Pacific City project located on 31 acres in downtown Huntington Beach,
requested the City's assistance in the formation of the CFD for 17.2 acres of the site to
finance various public improvements, including but not limited to park improvements,
street & bridges, water & sewer, storm drain, school facilities, dry utilities, curbs, gutters,
and sidewalks. The Special Tax Consultant shall review and advise of the
appropriateness of the Rate and Method of Apportionment developed by the
Developer's Special Tax Consultant.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Prepare the Rate Method of Apportionment (RMA) based on the proposed
development. After financing team reviews it, finalize the RMA. This service
will involve the calculation of special taxes necessary to support the proposed
financing.
2. 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.
Surfnet Exhibit A
l i
3. Assistance to Disclosure Counsel with the preparation of the Official
Statement.
4. 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 may be required 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
Preparing a detailed value-to-lien or overlapping debt analysis.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Staff to communicate with CONSULTANT within the duration of the CFD
Formation process and closing bond sales.
D. WORK PROGRAM/PROJECT SCHEDULE:
• Finalize RMA to meet City Council Meeting schedule (To be determined at a later
date)
• Prepare and finalize required CFD Report pursuant to California Government
code 53321.5
• Assistance to Disclosure Counsel with the preparation of the Official Statement,
as required.
• Preparation and execution upon closing the transaction of a Special Tax
Consultant Certificate upon bond closing (To be determined at a later date)
Surfnet Exhibit A
EXHIBIT "B"
Payment Schedule
1. CONSULTANT shall be entitled to monthly progress payments on a time and
materials basis in accordance with the attached schedule of billing rates toward the
following maximum amounts per task:
Rate & Method $2,600
CFD Report $3,960
Coordination of Documents (Resolutions, Documents and Official Statement) $4,180
Certification $ 440
Total $11,180
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 hours expended by classification and 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
Surfnet Exhibit B
EXHIBIT B
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.
Surfnet Exhibit B
EXHIBIT B
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATEYY)
12 5/200 2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P . 0. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED INSURERA: Zurich American Ins. Co.
PSOMAS INSURER B:American Zurich Insurance Company
555 South Flower Street, Suite 4400 INSURERC:XL Specialty Insurance Co.
Los Angeles CA 90071
INSURER D:
INSURER E:
COVERAGES
HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
A GENERAL LIABILITY G L 0 916 014 5 01 10/15/2 0 0 8 10/15/2 0 0 9 EACH OCCURRENCE $1 000, 000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1 0 0 0 0 0 0
CLAIMS MADE a OCCUR MED EXP(Any one person) $1 0 000
X Contractual PERSONAL BADVINJURY $1 000 000
X BFPD, XCU GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 0 0 O 000
POLICY }{ PRO LOC
B AUTOMOBILE LIABILITY BAP 916 015 2 01 10/15/2 0 0 8 10/15/2 0 0 9
COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1, 0 0 0, 0.0 0
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS VED A M F BODILY INJURY
X NON-OWNED AUTOS (Per accident) $
E IEE MC(ilgA ,City //
/ '],//G// OPERTY DAMAGE $
�/ er accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR El CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND WC 916 014 2 01 10/15/2 0 0 8 10/15/2 0 0 9 X WC STATU- OTH-
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $1, 000, 000
E.L.DISEASE-EA EMPLOYEE $1 000, 000
E.L.DISEASE-POLICY LIMIT $1 0 0 0 0 0 0
C OTHER DPR9614535 10/15/2008 10/15/2009 Per Claim $1,000,000
Professional Liability Annual Aggregate $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional services.
Independent Contractors Included.
2HUN011500
Special Tax Consultant Services for Pacific City CFD
City of Huntington Beach are additional insured as respects to General and Auto Liability as required by written
contract.
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION10 Day notice for Non-Paymnt of P em
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
City of Huntington Beach WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
Janet Lockhart CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
2000 Main Street SHALL IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON
Huntington Beach CA 92648 THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIV
ACORD 25-S(7/97) o ACORD CORPO ION 1988
POLICY#:BAP 916015201 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATE® INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement,the provisions ofthe Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person(s) or organization(s)who are"insureds"under the Who Is An Insured Provi-
sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: 12/5/2 0 0 e Countersigned By:
Named Insured: �n
PSOMAS ✓
Authoriz d Re resentative
SCHEDULE
Name of Person(s) or Organization(s): city of Huntington Beach
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule 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.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998
Additional Insured—Automatic- OWne>rs, Lessees Or
Contractors - Broad Form ZURICH
Policy No. Eff.Date of Pol Exp.Date of Pol Eff.Date of End Producer Add']Prem. Return Prem.
GL0916014501 10/15/2008 10/15/2009 10/15/2008 Dealey,Renton $ N/A $ N/A
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. WHO IS AN INSURED(Section II)is amended to include as an insured any person or organization whom you are required
to add as an additional insured on this policy wider a written contract or written agreement.
B. The insurance provided to additional insureds applies only to"bodily injury","property damage"or"personal and advertis-
ing injury"covered under Section 1,Coverage A,BODILY INJURY AND PROPERTY DAMAGE LIABILITY and
Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY,but only if:
l. The"bodily injury"or"property damage"results from your negligence;and
2. The"bodily injury","properly damage"or"personal and advertising injury"results directly from:
a. Your ongoing operations;or
b. "Your work"completed as included in the"products-completed operations hazard',performed for the additional
insured,which is the subject of the written contract or written agreement.
C. However,regardless of the provisions of paragraphs A.and B. above:
1. We will not extend any insurance coverage to any additional insured person or organization:
a. That is not provided to you in this policy;or
b. That is any broader coverage than you are required to provide to the additional insured person or organization in
the written contract or written agreement;and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of:
a. The Limits of Insurance provided to you in this policy;or
b. The Limits of insurance you are required to provide in the written contract or written agreement.
D. The insurance provided to the additional insured person or organization does not apply to:
1. `Bodily injury","property damage"or"personal and advertising injury"that results solely from negligence
of the additional insured,or
2. `Bodily injury","property damage"or"personal and advertising injury"arising out of the rendering or failure to
render any professional architectural,engineering or surveying services including
U-GL-I 175-A CW(9I03)
Page I of 2
a. The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys,
field orders,change orders or drawings and specifications;and
b. Supervisory,inspection,architectural or engineering activities.
E. The additional insured must see to it that:
I. We are notified as soon as practicable of an`occurrence"or offense that may result in a claim:
2. We receive written notice of a claim or"suit"as soon as practicable;and
3. A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by
another insurer under which the additional insured also has rights as an insured or additional insured.
E The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in-
surance available to any additional insured person or organization unless the other insurance is provided by a contractor
other than you for the same operations and job location.Then we will share with that other insurance by the method de-
scribed in paragraph 4.c.of SECTION TV-COMMERCIAL GENERAL LIABILITY CONDITIONS.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ-
ten.
U-GL- I175-A CW(9/03)
Page 2 of 2
RESOLUTION
OF TBE
BOARD OF DIRECTORS
Or
PSOXAS
(A CalMniia Corporation}
March 5,2008
At a regularly noticed and conducted meeting of the Board of Directors of Psoinas,a
California corporation,hold on Mmvh 5,2008,the following Resolutions Nvere passed by
unwnmom vote.,
RESOLVED that the Mowing,being the Officers of the Corporation,be and hereby are
authorized to execute any and all.documents required to conduct the business of the
Corporation,including,but not Ifinited to contracts,leases and certifications;
IT IS FURTHER RESOLVED that any one signature of the Officers listed herein shall be
sufficient to bind the Corporation;
TIMOTHY G.PSOMAS Chairman
JACOB LIPA President
BLAKE N.MURMLO Chief Executive Officer,Secretary
DEBRA T1LSON LAMBECK Vice President,Assistant Secretary
LOREN L.SOKOLOW Chief Financial Officer,Treasurer
CFAIG AHR"S Vice President
SAMALT Vice President
ROSS W.BARKER Vice President
ROBERT BLUME Vice President
TEDDY C.BOLDED,11 Vice President
JOEBOYLE Vice President
BRIAN BULLOCK Vice President
JIM BURTON Vice President
ICON CANTRELL Vice President
AIJGUSMN CHANG Vice PiNa-sidwit
MATTHEW D.CLARK Vice President
MICHAEL J. CREHAN Vice President
GARY DODSON Vice President
CURT EDWARDS Vice President
PAUL J.ENNEKTNG Vice President
JEREMY L.EVANS Vice President
JOSH A GAMA Vice President
HARVEY GOBAS Vice President
CRAIG GOOCH Vice President
STEVB GREGERSON Vice President
DANNIE B.GREEN Vice President
i
Resohition of the Board of Directors of Psomas
March S,2008
Page 2 ;
ANDY OUST Vice Ptuident
TTM HAVES Vice President
TOM HERBEL Vice President
TOM HOOFER Vice President
DADA HC)NT Vice President
THOMAS R.HUNT Vice President
KART J.LAI.►NEN Vice President
THOMAS C.LODGE Vice President
TOMLOVE Vice President `
BOB LYNDS Vice President
STEPHEN MacLENNAN Vice President
STEVE MARGARON1 Vice President
DANIEL McCROSKEY Vice President
THOMAS P.I1 GGOVERN Vice President
RYAN E.McLEAN Vice President
JOEL B.A4ILLER Vice President
LESLIE MORTON Vice President
MARK.MOUREY V ice President '
FREDERICK W.NRMLLER Vice President
f
W.EBSTERJ.OWEN,JR. Vice President
PAUL PEREA Vice President
PETER J.POUNTNEY Vice President
RICH RA.DOYCIS Vice President
SCOTT ROCKS V ice President
MATTHEW J.ROWE Vice President
GERALD W.SEELMAN Vice President
DAN SMITH Vice President `
WAYNE A,SMITH Vice President
STEVEN SPEIGIITS Vice President
KENNETH D.STRAM Vice President
ROBERT J.TALAFUS Vice President C
MICHAEL G.Tk ALHAIVIER Vice President
JOHN THORNTON Vice President
SEAN VARGAS Vice President
CAR.L WALLACE Vice President '
DONALD LEE AUTELEY Vice President i
LEONARD WILSON Vice President !
STEVEN WINC14ESTER Vice President
CHRISTOPHER H. Y[1 Vice President �
LENT ZARATE Vice President
i
E
Tiixiothy G.Ps nas,Chait'niart Blake N< Nlur`sllo, Secretary
r
CITY( OF HUNTINGT N BEACH
Professional Service Contracts
Fy Purchasing Certification
1. Dater December 9, 2008 2. Contract Number: ECD
3. Department: Economic Development 4. Requested by: Nova Punongbayan
5. Name of consultant: Psomas
6. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
Attached
7. Amount of the contract: $11,180
8. Are sufficient funds available to fund this contract?' ® Yes ❑ No
9. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ® Yes ❑ No
10. Business Unit and Object Code where funds are budgeted: 10080501.69Efl'S 933"
11. Is this contract less than $50,000? ® Yes ❑ No
12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
13. Is this contract over$100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
14. Were formal written proposals requested from at least three available qualified consultants?
❑ Yes ® No
15. Attach list of consultants from whom proposals were requested (including a contact telephone number).
n/a
16. Attach proposed scope of work.
Exihibit A
17. Attach proposed payment schedule.
Exihibit B
Department Head Sigiabture IC ARD AMADRIL
Central Services Manager
1. If the answer to this question is"No," the contract will require approval from the City Council.
•
December 8, 2008
Nova Punongbayan
Assistant Project Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648-2702
Subject: Professional Services Contract
Pacific City CFD
Dear Ms. Punongbayan:
Enclosed please find the executed Professional Services Contract for the subject project.
Also attached is the required certificate of insurance and a copy of our corporate
resolution.
If you have questions or need further information, please do not hesitate to contact me at
714-481-8053
Sincerely,
Psomas
(J>a�fe L. Boyle
Senior Financial Analyst
Encl.
2HUNO118OO
JB 112-08-118OO.doc
3187 Red Hill Avenue
Suite 250
Costa Mesa,CA 92626
714.751.7373
714.545.8883 Fax
www.psomas.com