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HomeMy WebLinkAboutPSOMAS INC. - 2003-06-01 • • sU ity Contracts Submittal to City Clerk's Office = qq Hunt Brach• rf1 i + Fi tj To: Connie Brockway, City Clerk 1. Name of Contractor: Psomas 2. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Amendment#1 Special Tax Consulting 3. Amount of Contract: no change from original ($11,250); change in term of agreement only 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: arkEx—tenstfn City Attomey's Office Date: 8/2/04 w i rrt 02r`�.v.¢c. f�6��'�►e�'. g:/Attymisc/forms/city clerk contract transmittal.doc AMENDMENT NO. 1 BETWEEN THE CITY OF HUNTINGTON BEACH AND PSOMAS FOR SPECIAL TAX CONSULTING SERVICES THIS AMENDMENT is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California(hereinafter"City")and Psomas, a California corporation(hereinafter"Consultant.") WHEREAS, City and Consultant are parties to that certain agreement, dated June 1, 2003, entitled"PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSOMAS FOR SPECIAL TAX CONSULTING SERVICES FOR THE COMMUNITY FACILITIES DISTRICT-THE STRAND" (hereinafter"the Original Agreement"); and The parties desire to amend the Original Agreement as it relates to the term and time of performance, NOW, THEREFORE,the parties do hereby agree as follows: 1. Section 3. of the Original Agreement entitled Term; Time of Performance, is hereby amended to read as follows: 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 automatically terminate May 31, 2005, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than May 31, 2005. 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. 2. REAFFIRMATION Except as specifically modified herein, all other provisions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agree nt to be executed by and through their authorized officers on ,2004. 04agree/psomas amend/7/12/04 1 • • PSOMAS, a California corporation CITY OF HUNTINGTON BEACH, a r% municipal corporation of the State of By: California print name ITS: (circle one)ChairrnanlPresidentNice President Director of Economic Development AND APPROVED AS TO FORM: B c print name City ttoI yN�(1 (d� ITS: (circle one) Secreta Chief Financial Office Asst. Secretary-Treasurer REVIEWED AN7ROVED: City Administrator REVIEWED D APPROVED: City Administrator 04agreelpsomas amendl7J7/04 2 HI.V/"fl�„ t,Cn if KOMW VI- 1�/l1/.7/1�/ 1 / ��rVV/���vi. 11/03/2003 PRODUCER THUS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION )ealey, Renton 8r Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE '.O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 114 427-6810 INSURERS AFFORDING COVERAGE NSURED INSURER A: Hartford Fire Ins.Co. PSOMAS INSURER B: Travelers Indemnity Co.of Illinois 11444 West Olympic Blvd., Suite 750 INSURER c: American Automobile Ins.Co. West Los Angeles,CA 90064-1549 INSURER D. Great American Assurance Co. AIL :. s INSURER E VERAGES 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. �Tq TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS aAMMMM A GENERAL LIABILITY 57CESOA1659 10/15/03 10/15/04 EACH OCCURRENCE $1,000,000 X ,COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Arryatefire) $1,000,000 CLAIMS MADE X eY `OCCUR IINDP.CONTRACTORS i MEDEXP(AoneP ) $10 000 X_:CONTRACTUAL -_ _ !INCLUDED. PERSONAL&ADV INJURY 1$1,000000 X BFPD,XCU,OCP ! GENERALAGGREGATE $2 000,000 GENI AGGREGATE LIMITAPPL1ESPER:� ( PRODUCTS-COMPIORAGG $2 000 000 PRO POLICY i X i JECT X LOC B AUTOMOBILE LIABILITY P810153101892803 10/16/03 10/15/04 COMBINED S��I " X ANY AUTO ! (Ea ) $1,000,000 ALL OWNED AUTOS I APPROVED AS TO F{JRM: BODILY INJURY $ SCHEDULED AUTOS er rson l- � (P Pe ) X HIRED AUTOS (/ X NON OWNED AUTOS BODILY INJURY " S NIFER McGRA'TI ,City Attorney '��' '�"`) --------------- , I PROPERTY DAMAGE (P-wddent) i$ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO i AIM INSURED DORSEMEN. ATTACHED OTHER THAN EA ACC $ AUTO ONLY: AM S EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ J!RETENTION $ $ C WORKERS COMPENSATION AND I WZP80917088 10/15/03 10/15/04 X "�STATU oTH EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 EL DISEASE-EA EMPLOYEE`$1,000,000 E.L.DISEASE-POLICY LIMIT I s1 000 000 D OTHER Professional EDN5656212 10/31/03 10/31/04 $1,000,000 Per Claim 'Liability $1,000,000 Annl Aggr. DESCRIPTION OF OPERATKNISILOCATIONSIVEWCLESIEXCLUSKMiS ADDED BY ENDORSEMENTZSPECUIL PROVISIONS General Liab. policy excludes claims arising out of the performance of prof.services. Psomas Job#2HUN113000,Special Tax Consultant Services for The Strand Community Facilities District. (See Attached Descriptions) CERTIFICATE HOLDER ! i ADOITIONALMISUREO;NSURERLETTER: CANCELLATION Ton Day Notice for No[I-Payment of PreV3*um SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORETHE EXPIRATION City of Huntington Beach DATE THEREOF,THE ISSUMIG INSURER WILLXXWWMMWMAIL30_OAYSwRnTEN Attn: Risk Mgmt. NOIICETOTHE CERi1RCATE HOLDERNAMED TOTHE LEFT,B 2000 Main Street Huntington Beach, CA 92648 IMF go mmlinglamp,IX AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 2 #M80044 LL 0 ACORD CORPORATION 1M POLICY NUMBER: 57CESOA1659 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) t. 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 . 2000 Main. 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 II) 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. Schedule Continued: its agents,officers and employees 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. CG 20 10 11 85 Moor- FE Professional Services Contracts Checklist for Submittal to City Clerk's Office (Please transmit this form when your contract is ready to be filed in the City Clerk's Office) To: Connie Brockway, City Clerk x5404 PLEASE PRINT 1. Name of Contractor: PSOMAS 2. Purpose of Contract: Special Tax Consulting Services for the Community Facilities District—The Strand 3. Expiration Date: May 31, 2004 4. Amount of Contract: $11,250.00 A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract(Renewal/Amendment/Etc)? ❑YES�NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested—pursuant to HBMC 3.03.100? MYES❑N/A OR Is the attached contract a SOLE SOURCE? ❑YES❑N/A C. Did you attach a COPY of the insurance certificate and send the ORIGINAL TO RISK MANAGEMENT? YES PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY: low David Biggs ext. 5909 ` ' y ' / Name/Extension ov Economic Development " / \ Department E \ F s June 18, 2003 Date \ g:/forms/city clerk contract checklist.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Psomas FOR Special Tax Consulting Services for the Community Facilities District — The Strand 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......................................................................................... 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 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Psomas FOR Special Tax Consulting Services for the Community Facilities District — The Strand THIS AGREEMENT ("Agreement") is made and entered into this 1st day of June ,20 03 ,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: 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 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/profservl0/15/01 1 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 May 31, 2004 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 eleven thousand two-hundred and fifty Dollars($ 11,250 ). 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/profservl0/15101 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 10/15/01 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 1 all claims and liability regardless of whether an insurance policies are apply to aa ty g y 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/profserv10/15/01 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 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. agree/forms/profsery 10/15101 5 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/profsery 10/15101 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 party 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: Mr. Gustavo Duran Psomas 2000 Main Street Huntington Beach, CA 92648 3187 Red Hill Avenue, Ste 250 Costa Mesa, CA 92626 Phone: (714) 751-7373 agree/forms/profserv10/15101 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/profserv10/15/01 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 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. agree/forms/profsery 10/15/01 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 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 supercede all prior agree/forms/profsery 10/15101 10 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 munici al corporation of the State of California a California Corporation e Or By. Director of Economic Development (Pursuant To HBMC§3.03.100) )ohn R. Thornton print name ITS: (circle one)Chairman/Presiden ice President APPROVED AS TO FORM: ANDif I City AtQrney By: �dvq �i REVIEWED AND APPROVED: print name ITS: circle one)Secretary/Chief Financial Officer/Asst. ecretary Treasurer City Administrator (only for contracts over$50,000.00) agree/forms/profsery 10/15/01 1 1 Exhibit A Scope of Services Special Tax Consultant—The Strand 1) Meetings—meet and/or discuss information with team members as needed. 2) Draft, circulate to team, and finalize the Rate and Method for the special tax. 3) Prepare the Community Facilities District Report 4) Prepare the Boundary Map 5) Coordinate with team,providing information as needed, review and comment on various resolutions,bond documents and the official statement. 6) Provide signed originals of the Special Tax Consultant's Certificate confirming adequacy of special taxes to meet debt service requirements. PSOMAS CONTRACT EXHIBIT "B" Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules: Task 1-3 Rate &Method $4,900 Task 5-6 CFD Report 2,100 Task 7 Coordination re: Reso's, Doc.s, &OS 1,900 Task 8 Certification 350 Subtotal 9,250 Task 4 Boundary Map/Review/Recordation 2,000 Total $11,250 3. 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. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) 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 5) 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. jmp/contracts group/exB-1/5/27/03 FXT-TTRTT R a[.[i[ci w=n 1 Irmo G Vr r..1h,una a r 10/15/02 �oouoeR THIS CERTIFICATE IS ISSUED AS A MATTER OF W'ORMATION Sauey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CORTIF10TE �.O.Box 10550 HOLDER. THIS C3 R71FICATE ODES NOT AMEN EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUMS BELOW. Santa Ana,CA 92711-0550 1`14 427.6810 INSURERS AFFORDING COVERAGE USURED - INSURERA:Hartford Fire Ins.Co. PSOMAS INSURER a:Travelers Indemnity Co.of Illinois 11444 West Olympic Blvd.,Suite.750 INSURER C:Virginia Surety/Combined Specialty West Los Angeles,CA 9006&150 INSURER D:SOCU ty Ins.Co.of Hartford INSURER E: .OVERAGES II HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IMS ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWIIHSTANDNG ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WHICH THIS CETTFrATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DES HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID OLAMS. . i TYPE OF INSURANCE POLICY NUMBi R t LIMITS A eEmhiAL LIABILITY 57CESOA1659 10/15/02 10/1 WO3 EACH OCCURRENCE $1000 000 X COMMERCIALGENERALLIABILITY FIRE DAMAGE GMfiro $1 000 000 CLAIMS MADE[i]OCCUR INDP.CONTRACTORS MEOEXP ompwson $1Q,000 X CONTRACTUAL INCLUDED. PERSONAL a ADV INJURY $1000 000 X BFPD,XCU,OCP GENERAI.AGGREGATE 12 0O0 000 GENtAGGREGATELIMRAPPLIESPER: PRooucTs-compiopAse t2 00 000 POLICY PRC- LOC 6 AUTOMOBILE UABIUTY P810502D183802 09/01/02 09/01103 COMBINED SINGLE LIMIT 11,000,000 X ANYAUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS fwpa ) X HtREDAUTOS &pp',qOVED e59 TO FOWIT X NON-OWNEDAUTOSGAIL r. �yp ".� k L© enq. $ BY: Deputy City K.tt rneY PROPERTY DAMAGE $ r-accident) GARAGE LIABILITY / AUTOONLY-EAACCIDENT S ANY AUTO OTHER THAN EA ACC, $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION S $ C WMiKERsCOMPENSATIONAND EM002 OBB IOMW02 10/1WO3 X WCsT u- FH OMPLOYERS'LIABILITY E.L.EACH ACCIDENT s1000 000 E.L.DISEASE-EAEMPLO $1,000 000 E.L.DISEASE-POLICYLIMil $t 000 000 C OTHER Professional AEE0227827 1 oil 5/02 10/15/03 $1,000,000 Per Claim abllity= $1,000,000 Annl Aggr. DESCWftONOFOPERATIONSILOCATIONSNEHICLESRMLUSIONSADDED BYENDORSEMENTISPEOIALPROVISIONS General Liability policy claims excludes claims arising out of the performance of professional services. Psomas Job#2HUN0107.00,Water Front Expansion Development Project.The City of Huntington Beach,its Agents, Officers and Employees are Additional Insureds as respects General Liability.Primary$Non Contributing applies to GL.(AI/PRI)o MRTIFICATE HOLDER AoDffwML *4LFE iIm7m CANCELLATION Ton Dily Notice for Nonaftyment of ftemium r SHOULDMYOFTHEABOVE DEVBEDPOWESBEOANCELLED MWORETHEM"MTIM City of Huntington Beach DATETHEREOF.THEISSUINGINSURERWILI MML30DAYSWWTTEN Attn: Risk Mgmnt. NOTICETOTHE CERTIFICATE HOLDERNAMEOTOTtELEFY,e 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESE ATIVE ACORD 25-S(7197)1 of 1 #M80044 K 0 ACORD CORPORATION 198E 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 Mgmnt. 2000 Main 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. Schedule Continued: its Agents, Officers and Employees 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. KPPRO M 18 TO t0 ttorn®� 011 GAIL HUTTON, B • Deputy CI°' �t'to�ne� UA'" Y CG20101185 Su `` PROFESSIONAL SERVICE CONTRACTS Hunhn " Beach PURCHASING CERTIFICATION 1. Requested by: Carol A. Runzel X s z Zy MAY 1 3 2003 2. Date: May 6, 2003 ECO1VpM45fl��TOF 3. Name of consultant: Psomas OPI4E NT 4. Description of work to be performed: Special Tax Consulting for CFD - The Strand 5. Amount of the contract: $11,250.00 6. Are sufficient funds available to fund this contract?� ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 30580101.69325 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 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. IC R MADRIL, Manage Purchasing/Central Services ` If the answer to any these questions is"No,"the contract will require approval from the City Council. Purchasing Certification.dot 5/6/2003 2:34 PM The Strand CFD Tax Consultant List David Taussig David Taussig& Associates, Inc. 1301 Dove Street, Suite 600 Newport Beach, CA. 92660 Mike Swan Psomas 3187 Red Hill Ave., Ste 250 Costa Mesa, CA 92626 Phone: (714) 751-7373 Fax: (714) 545-8883 Paul Thompson Albert A. Webb &Associates 3788 Mccray Street Riverside, CA 92506-2927 Phone: (909) 686-1070