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HomeMy WebLinkAboutMonument Row - 2026-06-01 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MONUMENT ROW FOR REAL ESTATE APPRAISAL SERVICES 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, MONUMENT ROW, a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform renewal estate appraisal 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 Joey Mendoza who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 26-18176/414335 1 of 12 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 June 1, 2026 (the "Commencement Date"). This Agreement shall PAF 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 two (2) years 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 Fifty Thousand Dollars ($50,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 26-18176/414335 2 of 12 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 A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 26-18176/414335 3 of 12 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 26-18176/414335 4 of 12 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification 26-18176/414335 5 of 12 of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. 26-18176/414335 6 of 12 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. 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. 26-18176/414335 7 of 12 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 Monument ROW. ATTN: Dir. of Community Development ATTN: Joey Mendoza 2000 Main Street 200 Spectrum Center, Suite 300 Huntington Beach, CA 92648 Irvine, CA 92618 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. 26-18176/414335 8 of 12 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 26-18176/414335 9 of 12 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 26-18176/414335 10 of 12 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 26-18176/414335 11 of 12 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, MONUME O a municipal corporation of the State of California By: -ke_k`O City Manager print name ITS: (circle one)ChairmarrPresident/}✓ice President INITIATED AND APPROVED: AND Director of Community Development APPROVED AS TO FORM: Ac-( M 5 Mv.O print name • ITS: circle one)Secretary/Chief Financial Officer/Asst. p„,t,)(( / - ecretary Treasurer p-City Attorney Date SI 2-ISI20 2C RECEIVE AND FILE: City Clerk Date COUNTERPART 26-18176/414335 12 of 12 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, MONUMENT ROW a municipal corporation of the State of California By: 044- (city Manager print name ITS: (circle one)Chairman/PresidentNice President INITIA ED AN APPROVED: AND Di ct r of Community Development By: APPROVED AS TO FORM: print name • ITS: (circle one)Secretary/Chief Financial Officer/Asst. RA,)( Secretary—Treasurer 0-City Attorney Date S/"LSI2a 2C RECEIVE AND FILE: City Clerk Date 2O24 COUNTERPART 26-18176/414335 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide Real Estate Appraisal Services B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: • Conduct appraisals for both publicly offered and off-market land acquisitions. • Secure written permission to enter properties to be acquired and coordinate pre-appraisal contacts with property owners or representatives. • Offer property owners an opportunity to accompany appraisers during property inspections. • Prepare complete appraisal reports for each parcel to be acquired. • Notify the City of any property-related concerns that may require remediation. • Review completed appraisals in coordination with City staff. • Prepare written appraisals for furniture, fixtures, equipment, and special use properties. • Provide written appraisals for easement acquisitions, including public rights-of-way, utilities, temporary construction easements, and ingress/egress rights. • Conduct market analyses tailored to industry- and use-specific agreements, transactions, and negotiations. • Provide written valuations for leased or licensed assets including vacant land, ground leases, developed sites, and industry-specific valuations such as retail, restaurant/concession, cellular, and oil operations. • Review appraisal reports to ensure consistency in value conclusions, documentation adequacy, and USPAP compliance. • Familiarity with California eminent domain law, the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and related amendments is highly desirable. • Standard delivery time for all draft reports will be 10-15 business days. Additional time may be granted for more detailed projects. • The City may require redacted draft reports to assess the thoroughness of any project deliverable. • In the event that multiple firms of similar skill sets are pre-qualified under this RFP, a rotation will be established based upon the quality of previous deliverables, project volume, and the needs of the City. C. CITY'S DUTIES AND RESPONSIBILITIES: EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. EXHIBIT B is CITY OF HUNTINGTON BEACH I Proposal for On-Call Real Estate Appraisal Services IT„ , N ,, ,,,, , , POSITION RATE SERVICE RATE Managing Director of Valuation $400/HR Full Appraisal (Individual) $6,000 Senior Appraiser $325/HR Appraisal Review for Full Appraisal $3,000 Senior Appraisal Analyst $225/HR Restricted Appraisal $4,50O Appraisal Analyst $185/HR Appraisal Review for Restricted Appraisal $2,500 Valuation Specialist $150/HR Appraisal Waiver Valuation Report $3,000 Researcher $125/HR Pates are based on a standard, uncomplicated appraisal assignment and may vary due to complexity SUBCONSULTANT RATES D� iTITLE STAFF MEMBER STANDARD TESTIMONY �/I RATE RATE DESMOND. MAR<EIIO 8 AMSIER Partner Madeleine Mamaux, CFA,ASA $450 $550 Partner Kevin Blair,ASA $400 $500 Principal Eric Lietzow,CPA/ABV $350 $450 Principal Doug Knapp,ASA $300 $400 Manager Silvia Tauber,CPA/ABV $250 N/A Manager Vivian Loo $250 N/A Senior Analyst Anwesh Roy,CFA $200 N/A Analyst Chris Leavins $150 N/A Analyst Logan Margo $150 N/A FIXTURES& EQUIPMENT Partner Marcus Pigrom,ASA $300 $450 Senior Appraiser Ryan Nutten,AM $175 N/A Senior Appraiser Raul Bermudez,AM $175 N/A monument T' City of Huntington Beach City Treasurer P.O. Box 190 y - - T./.7 (714) 536-5267 FAX(714)536-5934 Huntington Beach, CA 92648-2702 uroty Jason Schmitt City Treasurer MONUMENT ROW 200 SPECTRUM CENTER STE 300 IRVINE, CA 92618 Dear Business Owner: Thank you for your payment. Attached is your City of Huntington Beach Business License certificate. Please note that approximately one month prior to the license expiration date, you will be mailed a renewal notice for the upcoming year. If for any reason your renewal notice does not arrive,you are still responsible for renewing and paying your business license prior to the expiration date. Penalties will be incurred if the payment is not received by the expiration date. Please post the business license in public view. If you do not transact business from a fixed location within the City,you must carry this license with you at all times. If a vehicle license plate number is displayed on the Business License certificate below,you must carry a copy of the certificate in that vehicle. Please contact the Business License office if there are any changes to: ownership, address, business name, business vehicle,or type of business conducted.Additionally, please notify our office if you discontinue your business. The Gender Tax Repeal Act of 1995(Act)prohibits a business from discriminating based on a person's gender for prices of similar or like-kind goods and services. However,the Act does not prohibit price differences based on the amount of time, difficulty,or cost of providing the services. In addition to prohibiting discrimination based on a person's gender,the Act requires certain businesses to clearly and conspicuously disclose to customers in writing the pricing for each standard service provided.The posting requirement applies to barbers and hair salons,tailors or businesses providing aftermarket clothing alterations, dry cleaners,and laundries providing services to individuals.To access the Department of Consumer Affairs publication, please use the following webpage: https://www.barbercosmo.ca.gov/consumers/gender_policy.pdf. To access the publication in Korean,Spanish,Vietnamese, Traditional Chinese, Simplified Chinese,or Tagalog, please use the following webpage: https://www.dca.ca.gov/publications/index.shtml There are many resources available to our business owners. Listed below are a few that might be of interest and assistance to you. Office of Business Development-(714)536-5582 Service Corps of Retired Executives-(714)550-7369 Huntington Beach Chamber of Commerce-(714)536-8888 Fictitious Business Name Information-(714)834-2889 CA Department of Tax and Fee Administration-(949)440-3473 Community Development-(714)536-5271 If you have any questions, please call a Business License representative at (714) 536-5267. City of Huntington Beach City Treasurer License Number Business Name/Service Address POST IN PUBLIC VIEW A324926 MONUMENT ROW � Effective Date OINr w..GTpi� 05/01/2026 Owner/Corporation c,\ Expiration Date MONUMENT ROW "t :st 04/30/2027 License Type 'o� PROFESSIONAL SERVICES outm Amount Paid Gt'\i��/ ..,� $138.36 THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS DUE ON OR BEFORE THE EXPIRATION DATE. Ic i.IL. 1 ® DATE(MM/DDIYYYY) ACOR0 CERTIFICATE OF LIABILITY INSURANCE `ems- 5/22/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Venbrook OC Cert Desk Venbrook Insurance Services PHONE FAX 16815 Von Karman Avenue AlC.(s,EXu (949)652-6321 IA/C.Not: (949)652-3980 -MAIL Suite 180 ADDRESS: certifcatesonvenbrook.com Irvine, CA 92606 INSURER(S)AFFORDING COVERAGE NAIC II rnvw.venbrook.com CA Lic No.0D80832 INSURER A: Fidelity and Guaranty Insurance Company 35386 INSURED INSURER e: Travelers Property Casualty Co of Amer 25674 Monument ROW INSURER C: Underwriters at Lloyds of London 15642 8 Cobblestone Court Laguna Niguel CA 92677 INSURER D: Scottsdale Insurance Company 41297 INSURER E: Travelers Excess and Surplus Lines Co __^ 29696 INSURER F: Travelers Casualty and Surety Co of Amer 31194 COVERAGES CERTIFICATE NUMBER: 90722946 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR UE TYPE OF INSURANCE ADDL SR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMMJDDIYYYY) (MWDDIYYYY) A / COMMERCIAL GENERAL LIABILITY BIPB87235012642 4/23/2026 4/23/2027 EACH OCCURRENCE $1,000,000 --CANtAGE Tell-ENT-O5 CLAIMS-MADE I t/I OCCUR PREMISES(Ea occurrence) S 1,000,000 LIED EXP(Any one person) $10,000 PERSONAL 8 ADV INJURY Si,000,000 GEM_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 1 POLICY ✓ 74,a LOC PRODUCTS-COUP/OP AGG $2,000,000 OTHER: S A AUTOMOBILE LIABILITY BIPB87235012642 4/23/2026 4/23/2027 C01.181NED SINGLE LIMIT S (EaacddenU 1,000,000 ANY AUTO BODILY INJURY(Per person) S — OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY _AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY ✓ AUTOS ONLY (Per accident) B i UMBRELLALIAB I OCCUR CUPB87346072642 4/23/2026 4/23/2027 EACH OCCURRENCE $5,000,000 EXCESS MAB _CLAIMS-MADE AGGREGATE $5,000,000 DED I RE TENT IONS S B WORKERS COMPENSATION UB-2Y352892-26-42-G 4/23/2026 4/23/2021 /J STATUTE I 0TH- AND EMPLOYERS'LIABILITY Y!N ANYPROPRIETOFi/PARTNER/EXECU7IVE N!A E.L.EACH ACCIDENT S1,000,000 OFFICEIVMEI.IBEREXCLUDEO? Y -._ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S1.000.000_ __ If yes,descnbe under DESCRIPTION OF OPERATIONS be/ow E.L.DISEASE-POLICY LIMIT 51,000,000 C Professional L ability(Claims Made) MPL444730526 4/23/2026 4/23/2027 $3,000,000 Each Claim/Aggregate Limit D Professional Liability(Excess) EKS3619329 4/23/2026 4/23/2027 $3,000,000 Each Claim/Aggregate Limit E Cyber Liability CYB10809647301 7/24/2025 7/24/2026 $2,000,000 Agg/$2,000,000 Occ F Crime 108082890 7/1/2025 7/1/2026 $25,000/52,500 ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached II more space Is required) RE:City of Huntington Beach RFP Award,Resolution 2008-63 Certificate Holder is included as an Additional Insureds with respects to General Liability per form CGD105 0494.Primary/Non-Contributory for CGT1000219.Hired Non-Owned Auto Liability Form MP T125 1103,GL Waiver of Subrogation Form CGD842 0219 and WC-Wei r felAubr a I Form WC00031300 t 3 of applies in favor io the and Insured when required by written contract. nPppOVEl7 A fUs , Subject to policy terms,conditions and exclusions. w` 6V MICHAFI J.VIGLIOTTA CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY City of Huntington Beach RFP Award,Resolution 2008-63 ff�IITT// F t IUC1TIt`1G7ON 1ykALl1 SHOULD ANY OF THE'ABOV'DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE /1 ///Jamie Shetzer©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 90]22946 12026 GI., HTO, (Jn, 1/C Pr. I Leticia Hautlnez I5/22/2026 1:13,49 r:. (PDT) Is Page 1 or 9 This certificate cancels•anti supersedes ALT, previously issued certificates. BIPB872350 12642 Monument ROW COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. The "bodily In t1 or "property dams e" for 8. Transfer Of Rights Of Recovery Against Others (1) 1 ry' 9 which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, subsequent to the signing of that contract or the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date SECTION V-DEFINITIONS for audit and retrospective premiums is the date 1. "Advertisement" means a notice that is broadcast or shown as the due date on the bill. If the sum ofpublished to the general public or specific market the advance and audit premiums paid for the segments about your goods, products or services policy period is greater than the earned for the purpose of attracting customers or premium, we will return the excess to the first supporters. For the purposes of this definition: Named Insured. a. c. The first Named Insured must keep records of Notices that are published include material placed on the Internet or on similar electronic the med we need for premium means of communication; and computation, and send us copies at such times as we may request. b. Regarding websites, only that part of a website that is about your goods, products or services 6. Representations for the purposes of attracting customers or By accepting this policy,you agree: supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 90722946 12026 G0, 000, [C:9, WC, FL I Leticia Martinez 15/22/2026 1:11:49 FM (PDT) I Page 9 of 9 Thir, cerLiricale cancels and supersedes ALL previously issued certificates. Monument ROW COMMERCIAL GENERAL LIABILITY BIPB87235012642 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PERSONS OR ORGANIZATIONS FOR BODILY INJURY OR PROPERTY DAMAGE AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II —WHO IS AN (1) Any "bodily injury" or "property damage" INSURED: arising out of the providing, or failure to Any person or organization that is not otherwise an provide, any professional architectural, insured under this Coverage Part and that you have engineering or surveying services, including: agreed in a written contract or agreement to include (a) The preparing, approving, or failing to as an additional Insured on this Coverage Part Is an prepare or approve maps, shop drawings, insured, but only: opinions, reports, surveys, field orders or a. With respect to liability for "bodily injury" or change orders, or the preparing, "property damage" that occurs subsequent to the approving, or failing to prepare or signing of that contract or agreement; and approve, drawings and specifications; and b. If the "bodily injury" or "property damage" is caused, in whole or in part, by your acts or (b) Supervisory, inspection, architectural or omissions in the performance of "your work" to engineering activities. which that contract or agreement applies or the (2) Any "bodily injury" or "property damage" acts or omissions of any person or organization caused by "your work" and included in the performing operations on your behalf. "products-completed operations hazard" The Insurance provided to such additional insured is unless the written contract or agreement subject to the following provisions: specifically requires you to provide such a. The limits of insurance provided to such coverage for that additional insured during the additional insured will be the minimum limits that policy period. you agreed to provide in the written contract or d. If the written contract or agreement does not agreement, or the limits shown in the require that the insurance provided under this Declarations,whichever are less. Coverage Part apply on a primary basis, or a b. This insurance does not apply to any person or primary and non-contributory basis, then this organization for whom you have purchased an insurance is excess over any valid and collectible Owners and Contractors Protective policy. other insurance, whether primary, excess, c. The insurance provided to such additional insured contingent or on any other basis, that is available does not apply to: to the additional insured for a loss we cover. CG D1 44 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material from Insurance Services Office,Inc,with Its permission. 90722946 12026 CL, ENO, URA, WC, PL I Leticia Martinez 15/22/2026 1:13:49 PM (PDT) I Page 2 of 9 This certificate cancels and supersedes ALL previously issued certificates. TRAVELERS J�� WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13(00)-001 POLICY NUMBER: UB-2Y352892-26-42-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: LOS ANGELES COUNTY DEVELOPMENT AUTHORITY 700 W MAIN STREET ALHAMBRA, CA 91801 DATE OF ISSUE: 03-09-26 ST ASSIGN: PAGE 1 OF]. 90722946 2026 GL, H::O, 10.B, SC, PL Lec icla Y.arCinez 15/22/2026 1:15:49 PS (PDT) I Page 3 of 9 Thin certificate cancels and supersedes ALL previously issued certificates. Monument ROW COMMERCIAL GENERAL LIABILITY 81PB67235012642 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties,and what is and is not covered. A. Who Is An Insured—Unnamed Subsidiaries G. Blanket Additional Insured—Mortgagees, B. Who Is An Insured—Employees And Volunteer Assignees, Successors Or Receivers Workers—Bodily Injury To Co-Employees And H. Blanket Additional Insured—Governmental Co-Volunteer Workers Entities— Permits Or Authorizations Relating To C. Who Is An Insured—Newly Acquired Or Formed Premises Limited Liability Companies I. Blanket Additional Insured—Governmental D. Blanket Additional Insured—Persons Or Entities—Permits Or Authuorizations Relating To Organizations For Your Ongoing Operations As Operations Required By Written Contract Or Agreement J. Blanket Additional Insured—Grantors Of E. Blanket Additional Insured—Broad Form Franchises Vendors K. Incidental Medical Malpractice F. Blanket Additional Insured—Controlling interest L. Blanket Waiver Of Subrogation PROVISIONS For purposes of Paragraph 1. of Section II—Who A. WHO IS AN INSURED — UNNAMED Is An Insured, each such subsidiary will be SUBSIDIARIES deemed to be designated in the Declarations as: The following is added to SECTION II —WHO IS a. A limited liability company; AN INSURED: Any of your subsidiaries, other than a partnership b, An organization other than a partnership,joint or joint venture, that Is not shown as a Named venture or limited liability company; or Insured in the Declarations is a Named Insured if: c. A trust; a. You are the sole owner of, or maintain an as indicated in its name or the documents that ownership interest of more than 50% in, such govern its structure. subsidiary on the first day of the policy period; B. WHO IS AN INSURED — EMPLOYEES AND and VOLUNTEER WORKERS—BODILY INJURY TO b. Such subsidiary is not an insured under CO-EMPLOYEES AND CO-VOLUNTEER similar other insurance. WORKERS No such subsidiary is an insured for"bodily injury" The following is added to Paragraph 2.a.(1) of or "property damage" that occurred, or "personal SECTION II—WHO IS AN INSURED: and advertising injury" caused by an offense Paragraphs (1)(a), (b)and (c)above do not apply committed: to "bodily injury" to a co-"employee" while in the a. Before you maintained an ownership interest course of the co-"employee's"employment by you of more than 50% in such subsidiary;or or performing duties related to the conduct of your b. After the date, if any, during the policy period business, or to "bodily injury" to your other Y "volunteer workers" while performing duties that you no longer maintain an ownership related to the conduct of your business. interest of more than 50%In such subsidiary. CG D1 86 02 19 ®2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 90722946 2026 0L, 600, 5050, CC, PL 'err Leticia Yart Inez 15/22/2026 l:ll,49 PH (PDT) l Page 4 of 9 This certificate cancels and supersedes ALL previously issued certificates. • COMMERCIAL GENERAL LIABILITY C. WHO IS AN INSURED — NEWLY ACQUIRED E. BLANKET ADDITIONAL INSURED — BROAD OR FORMED LIMITED LIABILITY COMPANIES FORM VENDORS 1. The following replaces the first sentence of The following is added to SECTION II —WHO IS Paragraph 3. of SECTION II — WHO IS AN AN INSURED: INSURED: Any person or organization that is a vendor and Any organization you newly acquire or form, that you have agreed in a written contract or other than a partnership or joint venture, and agreement to include as an additional insured on of which you are the sole owner or in which this Coverage Part is an insured, but only with you maintain an ownership interest of more respect to liability for "bodily injury" or "property than 50%, will qualify as a Named Insured if damage"that: there is no other similar insurance available to a. Occurs subsequent to the signing of that that organization. contract or agreement; and 2. The following replaces the last sentence of b. Arises out of "your products" that are Paragraph 3. of SECTION II - WHO IS AN distributed or sold in the regular course of INSURED: such vendor's business. For the purposes of Paragraph 1.of Section II The insurance provided to such vendor is subject —Who Is An Insured, each such organization to the following provisions: will be deemed to be designated in the Declarations as: a. The limits of insurance provided to such vendor will be the minimum limits that you a. A limited liability company; agreed to provide in the written contract or b. An organization other than a partnership, agreement, or the limits shown in the joint venture or limited liability company; Declarations,whichever are less. or b. The insurance provided to such vendor does c. A trust; not apply to: as indicated in its name or the documents (1) Any express warranty not authorized by that govern its structure. you or any distribution or sale for a D. BLANKET ADDITIONAL INSURED—PERSONS purpose not authorized by you; OR ORGANIZATIONS FOR YOUR ONGOING (2) Any change in "your products" made by OPERATIONS AS REQUIRED BY WRITTEN such vendor; CONTRACT OR AGREEMENT The following is added to SECTION II-WHO IS (3) Repackaging, unless unpacked solely for AN INSURED: the purpose of inspection, demonstration, testing, or the substitution of parts under Any person or organization that is not otherwise instructions from the manufacturer, and an insured under this Coverage Part and that you then repackaged in the original container; have agreed in a written contract or agreement to include as an additional insured on this Coverage (4) Any failure to make such inspections, Part is an insured, but only with respect to liability adjustments, tests or servicing as for"bodily injury"or"property damage"that: vendors agree to perform or normally a. Occurs subsequent to the signing of that undertake to perform in the regular contract or agreement;and course of business, in connection with the distribution or sale of"your products"; b. Is caused, in whole or in part, by your acts or omissions in the performance of your ongoing (5) Demonstration, installation, servicing or operations to which that contract or repair operations, except such operations agreement applies or the acts or omissions of performed at such vendor's premises in any person or organization performing such connection with the sale of "your operations on your behalf. products";or The limits of insurance provided to such insured (6) "Your products" that, after distribution or will be the minimum limits that you agreed to sale by you, have been labeled or provide in the written contract or agreement, or relabeled or used as a container, part or the limits shown in the Declarations, whichever ingredient of any other thing or substance are less. by or on behalf of such vendor. Page 2 of 5 O 2017 The Travelers Indemnity Company.All rights reserved. CG D1 86 02 19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 90722946 2026 GL, 060, LIMB, NC, PL I Leelcia Yareinez 15/22/2026 113:49 PH (POT) Page 5 or 9 This certificate cancels and supersedes ALL previously issued certificates_ COMMERCIAL GENERAL LIABILITY Coverage under this provision does not apply to: b. Arises out of the ownership, maintenance or a. Any person or organization from whom you use of the premises for which that mortgagee, assignee, successor or receiver is required have acquired "your products", or any ingredient, part or container entering into, under that contract or agreement ont this s accompanying or containing such products; included as an additional insured or Coverage Part. The insurance provided to such mortgagee, b. Any vendor for which coverage as an assignee, successor or receiver is subject to the additional insured specifically is scheduled by following provisions: endorsement. a. The limits of insurance provided to such F. BLANKET ADDITIONAL INSURED — mortgagee, assignee, successor or receiver CONTROLLING INTEREST will be the minimum limits that you agreed to 1. The following is added to SECTION II —WHO provide in the written contract or agreement, IS AN INSURED: or the limits shown in the Declarations, whichever are less. Any person or organization that has financial control of you is an insured with respect to b. The insurance provided to such person or liability for "bodily injury", "property damage" organization does not apply to: or"personal and advertising injury"that arises (1) Any "bodily injury" or "property damage" out of: that occurs, or any "personal and a. Such financial control; or advertising injury" caused by an offense b. Such person's or organization's that is committed, after such contract or agreement is no longer in effect; or ownership, maintenance or use of premises leased to or occupied by you. (2) Any "bodily injury", "property damage" or The insurance provided to such person or "personal and advertising injury" arising organization does not apply to structural out of any structural alterations, new alterations, new construction or demolition construction or demolition operations operations performed by or on behalf of such performed by or on behalf of such person or organization. mortgagee, assignee, successor or receiver. 2. The following is added to Paragraph 4. of SECTION II—WHO IS AN INSURED: GOVERNMENTAL ENTITIES - PERMITS OR H. BLANKET ADDITIONAL INSURED — This paragraph does not apply to any AUTHORIZATIONS RELATING TO PREMISES premises owner, manager or lessor that has financial control of you. The following is added to SECTION II —WHO IS AN INSURED: G. BLANKET ADDITIONAL INSURED - MORTGAGEES, ASSIGNEES, SUCCESSORS Any governmental entity that has issued a permit OR RECEIV ERS or authorization with respect to premises owned or occupied by, or rented or loaned to, you and The following is added to SECTION II —WHO IS that you are required by any ordinance, law, AN INSURED: building code or written contract or agreement to Any person or organization that is a mortgagee, include as an additional insured on this Coverage assignee, successor or receiver and that you Part is an insured, but only with respect to liability have agreed in a written contract or agreement to for"bodily injury", "property damage"or"personal include as an additional insured on this Coverage and advertising injury" arising out of the Part is an insured, but only with respect to its existence, ownership, use, maintenance, repair, liability as mortgagee, assignee, successor or construction, erection or removal of any of the receiver for "bodily injury", "property damage" or following for which that governmental entity has "personal and advertising injury"that: issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal a. Is "bodily injury" or "property damage" that holes, driveways, manholes, marquees, hoist occurs, or is "personal and advertising injury" away openings, sidewalk vaults, elevators, street caused by an offense that is committed, banners or decorations. subsequent to the signing of that contract or agreement;and CG D1 86 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 90727946 2026 OL, 050, JXR. OC PL 1 Leticia 0050e0 15/22/2026 1,13,49 W: (PDT) 1 Page 6 e 9 This certificate cancels and supersedes ALL previously issued certificates. COMMERCIAL GENERAL LIABILITY I. BLANKET ADDITIONAL INSURED — 2. The following replaces the last paragraph of GOVERNMENTAL ENTITIES — PERMITS OR Paragraph 2.a.(1) of SECTION II — WHO IS AUTHORIZATIONS RELATING TO OPERATIONS AN INSURED: The following is added to SECTION II — WHO IS Unless you are in the business or occupation AN INSURED: of providing professional health care services, Any governmental entity that has issued a permit Paragraphs (1)(a), (b), (c) and (d) above do or authorization with respect to operations not apply to "bodily injury" arising out of performed by you or on your behalf and that you providing or failing to provide: are required by any ordinance, law, building code (a) "Incidental medical services" by any of or written contract or agreement to include as an your "employees" who is a nurse, nurse additional insured on this Coverage Part is an assistant, emergency medical technician, insured, but only with respect to liability for "bodily paramedic, athletic trainer, audiologist, injury", "property damage" or "personal and dietician, nutritionist, occupational advertising injury"arising out of such operations. therapist or occupational therapy The insurance provided to such governmental assistant, physical therapist or speech- entity does not apply to: language pathologist; or a. Any "bodily injury", "property damage" or (b) First aid or"Good Samaritan services" by "personal and advertising injury" arising out of any of your "employees" or "volunteer operations performed for the governmental workers", other than an employed or entity;or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing b. Any "bodily injury" or "property damage" to provide first aid or "Good Samaritan included in the "products-completed services" during their work hours for you operations hazard". will be deemed to be acting within the J. BLANKET ADDITIONAL INSURED — scope of their employment by you or GRANTORS OF FRANCHISES performing duties related to the conduct of your business. The following is added to SECTION ll — WHO IS AN INSURED: 3. The following replaces the last sentence of Any person or organization that grants a franchise Paragraph 5. of SECTION III — LIMITS OF to you is an insured, but only with respect to INSURANCE: liability for "bodily injury", "property damage" or For the purposes of determining the "personal and advertising injury" arising out of applicable Each Occurrence Limit, all related your operations in the franchise granted by that acts or omissions committed in providing or person or organization, failing to provide "incidental medical If a written contract or agreement exists between services", first aid or "Good Samaritan you and such additional insured, the limits of services"to any one person will be deemed to insurance provided to such insured will be the be one"occurrence". minimum limits that you agreed to provide in the written contract or agreement, or the limits shown 4. The following exclusion is added to in the Declarations,whichever are less. Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY K. INCIDENTAL MEDICAL MALPRACTICE INJURY AND PROPERTY DAMAGE 1. The following replaces Paragraph b. of the LIABILITY: definition of "occurrence" in the Sale Of Pharmaceuticals DEFINITIONS Section: b. An act or omission committed in providing "Bodily injury" or "property damage" arising or failing to provide "incidental medical out of the violation of a penal statute or services", first aid or "Good Samaritan ordinance relating to the sale of services" to a person, unless you are in pharmaceuticals committed by, or with the the business or occupation of providing knowledge or consent of, the insured. professional health care services. Page 4 of 5 ®2017 The Travelers Indemnity Company.All rights reserved. CG D1 86 02 19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission, 90722946 i 2026 0L, 500, U)!a, HC, PL I Leticia N.artinez i 5/22/2026 1,13,49 PM (PDT) i Page 7 oC 9 This certificate cancels and supersedes ALL previously issued certificates, COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS to any person to the extent not subject to Section: Paragraph 2.a.(1) of Section II — Who Is An "Incidental medical services"means: Insured. L. BLANKET WAIVER OF SUBROGATION a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or The following is added to Paragraph 8., Transfer instruction, or the related furnishing of Of Rights Of Recovery Against Others To Us, food or beverages; or of SECTION IV — COMMERCIAL GENERAL b. The furnishing or dispensing of drugs or LIABILITY CONDITIONS: medical, dental, or surgical supplies or If the insured has agreed in a contract or appliances. agreement to waive that insured's right of 6. The following is added to Paragraph 4.b., recovery against any person or organization, we waive our right of recovery against such person or Excess Insurance, of SECTION IV — organization, but only for payments we make COMMERCIAL GENERAL LIABILITY because of: CONDITIONS: a. "Bodily injury" or "property damage" that This insurance is excess over any valid and collectible other insurance, whether primary, occurs; or excess, contingent or on any other basis, that b. "Personal and advertising injury" caused by is available to any of your "employees" for an offense that is committed; "bodily injury" that arises out of providing or subsequent to the execution of the contract or failing to provide "incidental medical services" agreement. CG D1 86 02 19 O2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. 90722946 i 2026 GL, NI:D, VY.H, CC PL i Leticia Corti,, 19/22/2026 1,13,99 05 (PDT) 10898 8 of 9 This certificate cancels and supersedes ALL previously issued certificates. fTIA1% ti oij(/,' ,/,--'- --Nees n U - 9 Q FODUNTN GPI- REQUEST FOR PROPOSAL FOR Real Estate Appraisal Services Community Development Department CITY OF HUNTINGTON BEACH Released on March 24,2026 Real Estate Appraisal Services REQUEST FOR PROPOSAL (RFP) 1. BACKGROUND The City of Huntington Beach is seeking proposals from qualified firms and individuals to provide on-call real estate appraisal services. The City intends to establish a pre-qualified list of appraisers with diverse skill sets holding active and valid licenses as Certified General Appraisers through the Office of Real Estate Appraisers (OREA) and who possess the MAI designation from the Appraisal Institute. Qualified appraisers must have demonstrated experience preparing both form and written narrative appraisals of various real property types, including residential, commercial/industrial, easements, condemnation, rights-of-way, cellular operations lease/license valuations, ground leases, industry-specific market analysis, and vacant land. All appraisal services must be conducted independently and in strict compliance with the Uniform Standards of Professional Appraisal Practice (USPAP). 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFP March 24, 2026 Deadline for Written Questions April 7, 2026 @ 5PM Responses to Questions Posted on Web April 14, 2026 Proposals are Due April 24, 2026@ 4PM Proposal Evaluation Completed End of April 2026 Approval of Contract May 2026 2. SCOPE OF WORK Mandatory Service Requirements: • Appraisers and firms must hold all active and valid licenses as required by city, state, and federal regulations. A minimum designation of Certified General Appraiser (OREA) is required. • Appraisers must hold the MAI designation from the Appraisal Institute. • Recent,demonstrable experience providing current fair market value estimates in the form of written narrative appraisals covering a broad range of property types, including residential, commercial/industrial, partial take acquisitions, easements, condemnation, rights-of-way,cellular operations, lease/license valuations,ground leases,and vacant land. • All appraisals must adhere to the Uniform Standards of Professional Appraisal Practice (USPAP). • Provide review services to ensure accuracy, completeness, and sufficiency of documentation in appraisal reports. • Availability to provide appraisal-related consulting services on an as-needed basis. Desirable Service Specifications: • Conduct appraisals for both publicly offered and off-market land acquisitions. • Secure written permission to enter properties to be acquired and coordinate pre-appraisal contacts with property owners or representatives. • Offer property owners an opportunity to accompany appraisers during property inspections. • Prepare complete appraisal reports for each parcel to be acquired. • Notify the City of any property-related concerns that may require remediation. • Review completed appraisals in coordination with City staff. • Prepare written appraisals for furniture, fixtures, equipment, and special use properties. • Provide written appraisals for easement acquisitions, including public rights-of-way, utilities,temporary construction easements, and ingress/egress rights. • Conduct market analyses tailored to industry- and use-specific agreements, transactions, and negotiations. • Provide written valuations for leased or licensed assets including vacant land, ground leases, developed sites, and industry-specific valuations such as retail, restaurant/concession, cellular, and oil operations. • Review appraisal reports to ensure consistency in value conclusions, documentation adequacy, and USPAP compliance. • Familiarity with California eminent domain law, the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,and related amendments is highly desirable. • Standard delivery time for all draft reports will be 10-15 business days. Additional time may be granted for more detailed projects. • The City may require redacted draft reports to assess the thoroughness of any project deliverable. • In the event that multiple firms of similar skill sets are pre-qualified under this RFP, a rotation will be established based upon the quality of previous deliverables,project volume, and the needs of the City. 4. PROPOSAL FORMAT GUIDELINES Interested contractors are to provide the City of Huntington Beach with a thorough proposal using the following guidelines: Proposal should be typed and should contain no more than 20 typed pages using a 12-point font size,including transmittal letter and resumes of key people,but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer.Proposals,which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the bidder's response: A. Vendor Application Form and Cover Letter Complete Appendix A, "Request for Proposal-Vendor Application Form" and attach this form to the cover letter. A cover letter, not to exceed three pages in length, should summarize key elements of the proposal. An individual authorized to bind the consultant must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. Indicate the address and telephone number of the contractor's office located nearest to Huntington Beach, California and the office from which the project will be managed. B. Background and Project Summary Section The Background and Project Summary Section should describe your understanding of the City,the work to be done, and the objectives to be accomplished. Refer to Scope of Work of this RFP. C. Methodology Section Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP. The Methodology Section should include: 1) An implementation plan that describes in detail(i)the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. 2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. 3) Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion. 4) Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work. D. Staffing Provide a list of individual(s)who will be working on this project and indicate the functions that each will perform. Include a resume for each designated individual. Upon award and during the contract period, if the contractor chooses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approval before they begin work. j E. Qualifications The information requested in this section should describe the qualifications of the firm,key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: 1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work. 2) A summary of the your firm's demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal. 3) Provide at least five local references that received similar services from your firm. The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include: • Client Name • Project Description • Project start and end dates • Client project manager name,telephone number, and e-mail address F. Fee Proposal Provide a time and material fee schedule for each deliverable. This cost proposal shall include a direct hour rate and sample of flat fees, in additon to any out-of-pocket costs that would require prior authorization of the city. 5. PROCESS FOR SUBMITTING PROPOSALS All proposals must be submitted in PDF file format. • Content of Proposal The proposal must be submitted using the format as indicated in the proposal format guidelines. • Preparation of Proposal Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. • Number of Proposals Submit one (1) PDF file format copy of your proposal in sufficient detail to allow for thorough evaluation and comparative analysis. • Submission of Proposals Complete written proposals must be submitted electronically in PDF file format via the Planetbids.com website no later than 4:00 p.m. (P.S.T) on Friday, April 24, 2026. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. • Inquiries Questions about this RFP must be directed in writing through the PlanetBids Q&A tub no later than 5:00 p.m. (PST) Tuesday,April 7,2026 for response. From the date that this RFP is issued until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFP, except during the pre-proposal conference. Refer to the Schedule of Events of this RFP or the City webpage to determine if a pre-proposal conference has been scheduled. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. • Conditions for Proposal Acceptance This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source, or to cancel this RFP in part or in its entirety. All proposals will become the property of the City of Huntington Beach, USA. If any proprietary information is contained in the proposal, it should be clearly identified. 6. EVALUATION CRITERIA The City's consultant evaluation and selection process is based upon Qualifications Based Selection(QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: A. Compliance with RFP requirements B. Understanding of the project C. Recent experience in conducting similar scope,complexity,and magnitude for other public agencies D. Educational background,work experience, and directly related consulting experiences E. Price F. References The City may also contact and evaluate the bidder's and subcontractor's references; contact any bidder to clarify any response; contact any current users of a bidder's services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The evaluation committee shall not be obligated to accept the lowest priced proposal, but shall make an award in the best interests of the City. After written proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the proposal. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. t A Notification of Intent to Award may be sent to the vendor selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully,the City may negotiate a contract with the next highest scoring vendor or withdraw the RFP. 7. STANDARD TERMS AND CONDITIONS • Amendments The City reserves the right to amend this RFP prior to the proposal due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach -Official City Web Site -Business- Bids& RFP's; bidders should check this web page daily for new information. • Cost for Preparing Proposal The cost for developing the proposal is the sole responsibility of the bidder. All proposals submitted become the property of the City. • Contract Discussions Prior to award, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized and all exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be rejected and discussions will be initiated with the second highest scoring firm. See Exhibit B for a sample agreement. • Confidentiality Requirements The staff members assigned to this project may be required to sign a departmental non- disclosure statement. Proposals are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in proposals. • Financial Information The City is concerned about bidders' financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your firm's financial capabilities. • Payment by Electronic Funds Transfer—EFT: The City requires that payment be made directly to the vendor's bank account via an Electronic Fund Transfer(EFT)process. Banking information will need to be provided to the City via an Electronic Credit Authorization form. A City Representative will provide the Electronic Credit Authorization form upon intent to award. Vendor will receive an Electronic Remittance Advice with the payment details via email. It is solely the responsibility of the vendor to immediately notify the City of any change to their information related to payments. • Insurance Requirements City Resolution 2008-63 requires that licensees, lessees,and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidder must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix C. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security. Please carefully review the Sample Agreement and Insurance Requirements before responding to the Request for Proposal enclosed herein. The terms of the agreement, including insurance requirements have been mandated by City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Proposal must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Proposal. APPENDIX A F REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: Contact Person for Agreement: Corporate Mailing Address: City, State and Zip Code: E-Mail Address: Phone: Fax: Contact Person for Proposals: Title: E-Mail Address: Business Telephone: Business Fax: Year Business was Established: Is your business: (check one) ❑ NON PROFIT CORPORATION ❑ FOR PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION 1 of 2 Names&Titles of Corporate Board Members (Also list Names&Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Federal Tax Identification Number: City of Huntington Beach Business License Number: (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 2 of 2 References of Work Performed Form (List 5 Local References) Comany Name: 1. Name of Reference: Address: Contact Name: Phone Number: Email: Dates of Business: 2. Name of Reference: Address: Contact Name: Phone Number: Email: Dates of Business: 3. Name of Reference: Address: Contact Name: Phone Number: Email: Dates of Business: 4. Name of Reference: Address: Contact Name: Phone Number: Email: Dates of Business: 5. Name of Reference: Address: Contact Name: Phone Number: Email: Dates of Business: APPENDIX B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and , a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professional svcs mayor 1 of I I 12/07 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date. unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Dollars ($ ). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/surfnet/professional svcs mayor 2 of 11 12/07 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 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 agree/surfner/professional svcs mayor 3 of 11 12/07 coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work(including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. agree/surfnet/professional svcs mayor 4 of 11 12/07 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and agree/surfnet/professional svcs mayor 5 of 11 12/07 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. 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. agree/surfnet/professional svcs mayor 6 of 11 12/07 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 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 agree/surfnet/professional svcs mayor 7 of 11 12/07 are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which 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. agree/surfnet/professional svcs mayor 8 of 11 12/07 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 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. agree/surfnet/professional svcs mayor 9 of I I 12/07 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 initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 Council. This Agreement shall expire when terminated as provided herein. agree/surfnet/professional svcs mayor 10 of 11 12/07 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of COMPANY NAME California Mayor By: print name City Clerk ITS: (circle one)Chairman/PresidentNice President INITIATED AND APPROVED: AND By: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney agree/surfnet/professional svcs mayor 11 of 11 12/07 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 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. 2 Exhibit B EXHIBIT "B" Payment Schedule(Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 APPENDIX C CITY OF HUNTINGTON BEACH Phone: 714-374-5373 E-mail: RMinsurance@surfcity-hborg Insurance Requirements vary for different applicants.Please see the below listed applicant types followed by the insurance requirements. City of Huntington Beach Resolution 2008-63 requires that contractors,permittees,licensees/lessees and vendors have an approved Certificate of Insurance on file with the City of Huntington Beach for the issuance of any permit or city contract. The insurance certificate must be approved by the City Attorney's Office as to meeting all of the city's insurance requirements. An original certificate is required or a PDF version attached to an email may be forwarded. If the insurance certificate is faxed,it must come directly from the insurance provider to the City of Huntington Beach.All insurance must be from a California admitted carrier with a current A.M. Best's Rating of no less than A:VII 1.CONTRACTORS—Any persons or entities or Contract with the City and/or provide service to the City which are readily available and efficiently procured by competitive bidding. Requirements: General Liability, Workers'Compensation,Auto Liability,Additional Insured Endorsements 2.DESIGN PROFESSIONALS-Professional Service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Requirements: Errors and Emissions(Professional Liability)$1,000,000 coverage 3.LICENSEES/LESSEES—any person or entities who make contract with the city for the use of public property. Requirements: General Liability, Workers'Compensation, Property Insurance (full replacement costs with no coinsurance penalty provision),Additional Insured Endorsement 4.PERMITEES—any persons or entities who make application to the City for any use of encroachment upon any street,waterway,pier,or City property. Requirements: General Liability, Workers'Compensation,Auto Liability,Additional Insured Endorsements 5.PROFESSIONAL SERVICES—means those services,which involve the exercise of professional discretion and independent judgment on an advanced or specialized knowledge,expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to Huntington Beach Municipal Code Section 3.02.Such Services shall include but not be limited to those services provided by appraisers,architects,attorneys,engineers,instructors,insurance advisors,physicians and other specialized consultants. Requirements:Errors and Omissions(Professional Liability)$1,000,000 coverage Private Property Work Permit Requirements—If the planned work does not involve public property or its right-of-way(e.g.sidewalk/street),the Workers'Compensation Certificate is the only insurance requirement. However,if the work site is adjacent to or attached to public property,the City Attorney's Office must be informed for consideration of liability and decide whether or not to approve the certificate with a specific"Private Property Only"approval stamp. > General Liability(G/L)—The general liability requirement is for$1,000,000 with"per occurrence"type claims coverage and a separate"Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement. (see below for Additional Insured requirements) ➢ Additional Insured Endorsement Requirements—The City,its officers,elected or appointed officials,employees,agents and volunteers are to be specifically named and covered as additional insureds by separate attached endorsement(s)as respects liability arising out of action performed by or on behalf of the contractor,products and completed operations of the contractor,premises owned,occupied or used by the contractor,or automobiles owned,leased or borrowed by the contractor.The coverage shall contain no special limitations on the scope of protection afforded to the City,its agents,officers and employees. The endorsement should include the policy number it correlates to. ➢ Primary Insurance—General Liability Insurance coverage shall be primary insurance as respects the City,its agents,officers,and employees.Any insurance or self-insurance maintained by the City,its agents,officers,and employees shall be excess of the submitted insurance and shall not contribute with it. > Description of work—The staff contact and purpose of the evidence of coverage must be identified on the certificate of insurance. ➢ Automotive Insurance—Automobile insurance requirement is for$1,000,000 and a separate "Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement.Permittees who do not use vehicles or equipment in connection with the permit can request to waive the Auto insurance requirement. ➢ Worker's Compensation Insurance(W/C)—As required by the State of California,with Statutory Limits and Employer's Liability Insurance with a limit of no less than$1,000,000 per accident for bodily injury or disease. Certificate holder listed on the certificate is: City of Huntington Beach,2000 Main St.,Huntington Beach,CA 92648. If your organization/company has no compensated employees working on the project,you may complete and return a"Non-Employer Status"form to be used in lieu of a W/C insurance certificate. > Cancellation Clause Notice—The cancellation clause must contain a thirty(30)day notice. A ten (10)day notice for non-payment of premium is acceptable in combination with 30 day notice. ➢ Professional Liability—Coverage must be provided at a minimum of$1,000,000 per occurrence and in the aggregate. ➢ Deductibles—The following deductibles are acceptable and all others must be removed from the insurance policy or a waiver can be requested(No allowances for SIR) : o General Liability-$5,000 o Auto Liability -$1,000 o Professional Liability/Errors&Omissions-$10,000 ➢ Waiver Procedure—If unable to comply with a requirement,the"INSURED"may request a waiver of a specific requirement. The Insurance Waiver form is an internal form that the City of Huntington Beach will complete.(see following page for waiver form) The exception to the waiver is the G/L&Auto "Additional Insured Endorsement"page. Waiver Procedure To request a waiver,indicate hereD and provide a brief description( 1—2 sentences)of the proposed work/project,its dollar value(if not a specific dollar amount,use an average,annual estimate or non-profit)and projected timeframe(per job or as-needed basis). For substantial dollar deductible/SIR amounts,a financial statement is required(Balance Sheet, Budget Reports,Dun&Bradstreet Report,etc.). Waiver Requested: Encroachment Permit❑ Private Property Work Permit❑ Consultant Services❑ Other: Proposed Work: Dollar Value: Projected Timeframe: MF Points CK Points BK Points Average Combined Ranking Arens 470 442.5 322 411.5 1 CR 467 412.5 308 395.8 4 Cushman Wakefield 481.5 325 330 378.8 6 Kidder Mathews 457 442.5 316 405.2 3 Kroll 434.5 365 286 361.8 7 Monument 465 417.5 340 407.5 2 Santolucito 461 410 280 383.7 5 MF Points CK Points BK Points Average Combined Ranking Arens 470 442.5 322 411.5 1 Monument 465 417.5 340 407.5 2 Kidder Mathews 457 442.5 316 405.2 3 CR 467 412.5 308 395.8 4 Santolucito 461 410 280 383.7 5 Cushman Wakefield 481.5 325 330 378.8 6 Kroll 434.5 365 286 361.8 7