Loading...
HomeMy WebLinkAboutState of California Department of Transportation (Caltrans) - 2021-12-21 2000 Main Street, Huntington Beach,CA ft City of Huntington Beach 926" r�t'P�oUED �-O File #: 21-952 MEETING DATE: 12/21/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Approve and authorize execution of a Landscape Maintenance Agreement and License Agreement for the Pierside Pavilion Project at 300 Pacific Coast Highway Statement of Issue: A Landscape Maintenance Agreement between the City and the State of California, and a License Agreement between the City and Pierside Pavilion, LLC (owner/developer), are presented for City Council approval and execution for the Pierside Pavilion Project at 300 Pacific Coast Highway (at the intersection with Main Street). Financial Impact: No funding is required for this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the "Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach" with Caltrans for the Pierside Pavilion project (Attachment 1); and, B) Approve and authorize the Mayor and City Clerk to execute and record the "License Agreement Between the City of Huntington Beach and Pierside Pavilion, LLC, to Provide Installation and Maintenance of Landscaping Improvements in the Public Right-of-Way," for the Pierside Pavilion project (Attachment 2). Alternative Action(s): !" _ A) Do not authorize execution of the "Landscape Maintenance Agreement between the City of Huntington Beach and Caltrans, Within State Highway Right of Way on Route 1 Within the City of Huntington Beach" and direct staff accordingly. This alternative action will prevent the typical transfer of maintenance obligations (from State-to-City and City-to-Developer) for landscaping and hardscape improvements within the State right-of-way on Pacific Coast Highway, and Cdy of Huntngton Beach Page 1 of 3 Pnnted on 12/15/2021 Dcwe!UP$Leg Star- File #: 21-952 MEETING DATE: 12/21/2021 B) Do not authorize execution of the `License Agreement between the City of Huntington Beach and Pierside Pavilion, LLC, to Provide Installation and Maintenance of Landscaping Improvements in the Public Right-of-Way", and direct staff accordingly. Absent this License Agreement, the City would be responsible for the maintenance of the landscaping and hardscape. This alternative action will result in increased future maintenance costs for the City and will prevent the developer from satisfying the Conditions of Approval for this project. Analysis: The Pierside Pavilion project is located at 300 Pacific Coast Highway, at the southeast corner of Main Street and Pacific Coast Highway. The project's development requirements included the construction and responsibilities for future maintenance of landscaping and hardscape improvements within the public right-of-way along its street frontages. To document this responsibility, the developer/owner is required to execute the appropriate landscape maintenance agreement (LMA) for all landscaping, irrigation, street furniture and enhanced hardscape that encroaches into the State (Caltrans) right-of- way along Pacific Coast Highway and into the City right-of-way along Main Street. In addition to landscaping and irrigation, the agreement also addresses sidewalk cleaning, trash cans, disposal of trash, signs, tree replacement and all other aspects of maintenance for areas in State and City right- of-way. It is Caltrans' policy to only enter into such agreements with other governmental agencies, not with private developers/owners. Consequently, there are two agreements necessary to adequately address this landscape maintenance responsibility: one agreement between the State of California (Caltrans) and the City of Huntington Beach (Attachment 1), and a second, companion agreement between the City and the private developer/owner (Attachment 2), which effectively transfers the maintenance responsibility from the City to the developer/owner. These agreements have been reviewed and approved by Caltrans, Public Works staff and the City Attorney's Office, and are now ready for approval by City Council and execution. The Director of Caltrans will only sign and execute the subject agreements following the City's approval and signatures and therefore, two originals of this LMA are enclosed so both may be signed by the Mayor and returned to Caltrans for their execution signatures. Upon the Caltrans Director's final signature, one original LMA will be returned back to the City for the records file. Public Works Commission Action: Not required for this request. Environmental Status: These agreements are categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501 . Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Landscape Maintenance Agreement between the City of Huntington Beach and Caltrans Within State Highway Right of Way on Route 1 Within the City of Huntington Beach for the Pierside Pavilion project City of Huntington Beach Page 2 of 3 Printed on 12/152021 oowedo06 Legistar"' File #: 21-952 MEETING DATE: 12/21/2021 2. License Agreement between the City of Huntington Beach and Pierside Pavilion, LLC, to Provide Installation and Maintenance of Landscaping Improvements in the Public Right-of-Way for the Pierside Pavilion project City of Huntington Beach Page 3 of 3 Printed on 12/15/2021 ooweAOW7 Legistar,- LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 1 WITHIN THE CITY OF HUNTINGTON BEACH THIS AGREEMENT is made effective this 9 h day of March 20 Y' by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as"STATE"and the CITY of Huntington Beach;hereinafter referred to as"CITY"and collectively referred to as"PARTIES". SECTION I RECITALS 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Permit Number 1213-6MC-0710. 2. This Agreement addresses CITY responsibilities which can include but are not limited to landscaping, irrigation, planting, irrigation systems, mulches, litter control and weed removal (collectively the"LANDSCAPING") as well as CITY responsibilities which can include but are not limited to pavers, sidewalks and parking restriction signs (collectively the "IMPROVEMENTS") placed within State Highway right of way on State Route 1, as shown on Exhibit A, attached to and made a part of this Agreement. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 11 AGREEMENT 1. Inconsideration of the mutual covenants and promises herein contained,CITY and STATE agree as follows: 1.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter "MAINTAINIMAINTENANCE") of LANDSCAPING and IMPROVEMENTS as shown on said Exhibit"A." 1.2. When a planned future improvement is constructed and/or a minor revision has been effected with STATE's consent or initiation within the limits of the STATE's right of way herein described which affects PARTIES' division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit"A"which will be made a part hereof and will thereafter supersede the attached t original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required. 2. CITY agrees, at CITY expense, to do the following: 2.1. CITY may install,or contract,authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE. 2.2. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. 2.3. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE's District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed LANDSCAPING must meet STATE's applicable standards. 2.4. CITY shall ensure that LANDSCAPED areas designated on Exhibit"A"are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. 2.5. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way. 2.6. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE's right of way. 2.7. To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. 2.8. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. 2.9. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and comer sight distances are always maintained for the safety of the public. 2.10. To MAINTAIN,repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks bike paths, or leaving surface water that becomes a hazard to vehicular or pedeslrianfbicyclist travel. 2 2.11. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays(herbicides)shall comply with all laws, rules,and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly(Form LA 17)to the STATE to: Department of Transportation District 12, Maintenance Maintenance Manager 1750 East Fourth Street, Suite 100 Santa Ana, CA 92705 2.12. To remove LANDSCAPING, IMPROVEMENTS and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. 2.13. To furnish electricity and MAINTAIN lighting system and controls for all street lighting systems installed by and for CITY. 2.14. To inspect LANDSCAPING and IMPROVEMENTS on a regular monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING. 2.15. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING and IMPROVEMENT system component that has become unsafe or unsightly 2.16. To MAINTAIN all sidewalks/bike paths within the Agreement limits of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, concrete repair, replacement and to grind or patch vertical variations in elevation of sidewalks/bike paths for an acceptable walking and riding surface,and the removal of dirt,debris,graffiti,weeds,and any deleterious item or material on or about sidewalks/bike paths or the LANDSCAPING and IMPROVEMENTS in an expeditious manner. 2.17. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING. 2.18. To allow random inspection of LANDSCAPING, and IMPROVEMENTS, street lighting systems, sidewalks/bike paths and signs by a STATE representative. 2.19. To keep the entire landscaped area policed and free of litter and deleterious material. 2.20. All work by or on behalf of CITY will be done at no cost to STATE. 3. STATE agrees to do the following: 3 3.1. May provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. 3.2. Issue encroachment permits to CITY and CITY contractors at no cost to them. 4. LEGAL RELATIONS AND RESPONSIBILITIES: 4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law. 4.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING and IMPROVEMENTS to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's expense or direct CITY to remove or itself remove LANDSCAPING and IMPROVEMENTS at CITY's sole expense and restore STATE's right of Hay to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE.,. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING and IMPROVEMENTS, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. 4.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious,contractual,inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY. 4.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 4 5. PREVAILING WAGES: 5.1. Labor Code Compliance- If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815,and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements. 5.2. Requirements in Subcontracts-CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 6. INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 6.1. SELF-INSURED - CITY is self insured. CITY agrees to deliver evidence of self- insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement in a form satisfactory to STATE, along with a signed copy of the Agreement. 6.2. SELF-INSURED using Contractor - If the work performed on this Project is done under contract CITY shall require its contractors to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 7. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 5 8. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION "Initiatc --A TOKS OMISHAKIN Director of Transportation anZQYV-je- City pager Roberta C. Hettick, PE Deputy District Director Operations and Maintenance District 12 ATTEST: By) City CV (- By: &-,ti City Attorney 6 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On December 28, 2021 before me, Donna Switzer, Notary Public, personally appeared Senn Joyce, Barbara Delgleize, and Patty Esparza who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DONNA SVNTiER WITNESS my hand and official seal. COMMISSION.2311W1 navy vub1 c cwarnr O NOE COL m y��� b,Comm EW.N .S.SOI3 Vf�l'7t � [.7/i Ci (seal) (Notary Signature) EXHIBIT "A" PAGE I OF I IMPROVEMENT AREA PER MAINTENANCE AGREEMENT I � ILI I I I •ul 16 I �II � I IlII hl � I �IIIII �� W I I 4II jil � 6y • dll 300 PACIFIC COAST HIGHWA HUNTINGTON BEACH,CA I I I, NS RI.17 GHT OF WAY TO EA IBE MAINTAINED I' BY THE CITY ® CITY OWNED STREETLIGHT WITHIN STATE 1 RIGHT-OF-WAY TO BE MAINTAINED BY I CITY OF HUNTINGTON BEACH CITY RIGHT OF WAY r I Q 13-61MC-0710 I II PV 24.72 ITY RIGHT OF WAY CITY RIGHT OF WAY I _ �n CALTRANS RIGHT OF WAY - CALTRANS RIGHT OF WAY PAC / FlC _ COAS HICNWAY _ _ PIERSIDE PAVILION rmAT O ® N A L 300PACIFICCOASTHIGHWAY ENGINEERING & CONSULTING, INC 29 ORC.HARO, IJ KE FORF_3T, CA fl2GRC) HUNTINGTON BEACH,CA PHONE: (e O) 710-9090 1 FA : (e D)710-a 07 Su Sty City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Certificate of Self Insurance Memorandum Number: FY 21/22, No. 035 This evidence of coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This evidence of coverage does not amend, extend or alter the coverage afforded by the memoranda listed below. Certificate Holder: Caltrans District 12, Maintenance Engineering, 1 750 East 41^ Street, Santa Ana, CA 92705 Coverage Effective: 07/01/21 Coverage Expires: 06/30/22 This is to certify that the City of Huntington Beach is self-insured for general liability claims. Sufficient cash reserves to afford coverage for uninsured losses are maintained at S 1,000,000. Type of Coverage: General Liability, Comprehensive Auto Liability, Employer's Liability, Workers' Compensation Coverage Limit of Liability/Coverage: S 1,000,000 Combined Single Limit per Occurrence Certificate Requested By:Jacob Aube, Public Works Department Description of Operation, Vehicle or Property: This certificate is issued to and additonally insures the Certificate Holder, its agents, officers, representatives and employees as proof of the City of Huntington Beach's self-insurance status in conjuction to the Landscape Maintenance Agreement with the State of California Department of Transporation. It is provided to Jacob Aube of the City of Huntington Beach Public Works Department at 2000 Main Street, Huntington Beach, CA (92648). Should any of the above coverage for the Covered Party be changed or withdrawn prior to the expiration date issued above, the City of Huntington Beach will mail a 30-day written notice to the Certificate Holder but, failure to mail such notice shall impose no obligation or liability of any kind upon the City of Huntington Beach, its agents, officers or employees. If you have any questions, contact DeAnna Soria, Risk Manager (714( 536- 519 Authorized Representative: e mil' t CERTIFICATE NO. ISSUE DATE GL1-17915 Al 7CERTIFICATE OF COVERAGE 1 211 4/2 0 21 THISCERRFICATE IS MSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS AO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELYOR NEGATIVELY AMEND.EXIENDOR Public Risk Innovation, ALTER THECOVRUGEAFFORDED BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE BETWEEN THE ISSUINGWSURERIS),AUTHORIZED REPRESENTATIVE OR PRODUCER,ANDTHE Solutions, and Management �TRICAT HOLDER COCONTRACTB C/O ALLIANT INSURANCE SERVICES,INC. PO BOX 6450 IMPORTANT:If 0e eeNfluta holder b an ADDITIONAL INSURED andlor raguesdng a WAIVER OF NEWPORT BEACH,CA 92668.6460 SUBROGATION,the Memorandums of Coverage musl be endarsed.A statement on this ceNYwle does nN confer rbhls to the caNhale holder In You of such an orsemangs). PHONE(949)7SM271 I FAX(619)699-0901 LICENSE fPGC36891 COVERAGE A-Public Risk Innovation,Solutions,and Management AFFORDED Member COVERAGE CITY OF HUNTINGTON BEACH AFFORDED B ATTN: DEANNA SORIA COVERAGE 2000 MAIN STREET AFFORDED C HUNTINGTON BEACH,CA 9264E COVERAGE AFFORDED D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE 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 COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH MEMORANDUMS.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF COVERAGE MEMORANDUM COVERAGE COVERAGE LIABILITY LIMITS LTR NUMBER EFFECTIVE DATE EXPIRATION DATE A Excess General Liability PRISM PE 21 EL-134 07101/2021 07ID112022 $6,000,000 10� General Liability Aggregale $7,000.000 Auto Llab8lry $1.000,000 LYnits Indudvo of the Members Sed-Insured Relendon of 1.000.000 Description of Operations/LocatlonsNehicies/Special Items: S RESPECTS AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND CALTRANS DISTRICT 12 FOR IMPROVEMENTS RELATED LANDSCAPE MAINTENANCE AGREEMENT ALONG HIGHWAY 39 AT 18431 BEACH BLVD,HUNTINGTON BEACH,CA 92848. STATE OF CALJFORNIA,ITS OFFICERS,AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL COVERED PARTIES,BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED. Cancellation Certificate Holder a ULDANNOF THE ABOVE DESCRIBED MEMORANDUMSOF COVERAGES BECANCELLED BEFORE THE EXPIRATION DATE THEREOF.NOTICE VOL BE DELVVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS. CALTRANS UISTRICT 12 MAINTENANCE ENGINEERING ATTN:ESAUL MARTINEZ AUI HORIZED REPRESENTATIVE 1750 EAST 4TH ST SANTA ANA,CA 92705 Pd11c Rlak�(Woveniftn SthAlIm a Icl ULvg nvnt�' PAGE 1 OF 2 ENDORSEMENT NO. U-1 PUBLIC RISK INNOVATION, SOLUTIONS,AND MANAGEMENT GENERAL LIABILITY 1 ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT It is agreed that the'Covered Party,Covered Persons or Entitles'section of the Memorandum is amended to include the person or organization named on the Certificate of Coverage, but only with respect to liability arising out of premises owned by or rented to the Member,or operations performed by or on behalf of the Member or such person or organization so designated. Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by contract. ADDITIONAL COVERED PARTY NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE AS RESPECTS: PER ATTACHED CERTIFICATE OF COVERAGE It Is further agreed that nothing herein shall act to increase PRISM's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date Memorandum No. PRISM 21 EL-00 Issued to: ALL MEMBERS Issue Date: June 26.2021 Authorized Representative Public Risk Innovation, Solutions, and Management PAGE 2 OF 2 City of Huntington Beach -1—ii - 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ NvNvw.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk March 1, 2022 Esual Martinez Maintenance Engineering Caltrans, District 12 1750 E. 4t' Street Santa Ana, CA 92705 Dear Mr. Martinez: Enclosed are two partially executed originals of the "Landscape Maintenance Agreement within State Highway Right of Way on Route 1 within the City of Huntington Beach" approved by the Huntington Beach City Council on December 21 , 2021. Upon complete execution, please provide our office with one fully executed original agreement. Please mail the Agreement to: Robin Estanislau City Clerk 2000 Main Street, 2nd Floor Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, 4�� &fanz&&d Robin Estanislau, CIVIC City Clerk REAs Enclosures Sister Cities: Anjo, Japan • Waitakere, New Zealand