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HomeMy WebLinkAboutCalifornia Property Specialists, Inc. - CPSI - 2007-11-29m CONTRACTS _ CITY CLERK'S OFFICE ., To: JOAN FLYNN, City Clerk Name of Contractor: California Property Specialists Amendment No. 2 Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Right -of -Way Consulting and Land Services Amount of Contract: none ��f 000 - O U& Copy of contract distributed to: The original insurance certificate/waiver distributed ❑ Initiating Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: l dI2_01/a Narr(efifxtension City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CALIFORNIA PROPERTY SPECIALISTS FOR RIGHT-OF-WAY CONSULTING AND LAND SERVICES THIS AMENDMENT No. 2 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and CALIFORNIA PROPERTY SPECIALISTS, INC., a California corporation, hereinafter referred to as CONSULTANT. WHEREAS CITY and CONSULTANT are parties to that certain agreement dated November 29, 2007, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CALIFORNIA PROPERTY SPECIALISTS, INC. (CPSI) FOR RIGHT OF WAY CONSULTING AND LAND SERVICES" which shall hereinafter be referred to as the Original Agreement; and The Original Agreement was previously amended by the parties on November 25, 2008 (the First Amendment), and Since the execution of the First Amendment, CITY has requested additional work from CONSULTANT and CONSULTANT has agreed to perform such work; and CITY and CONSULTANT wish to further amend the Original Agreement to extend the termination date thereof, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows. 1. EXTENSION OF ORIGINAL AGREEMENT The Original Agreement is hereby extended two (2) additional years. The Original Agreement will now terminate on November 29, 2012, unless sooner terminated as provided therein. 08-1707.01/53219 1 Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on DC+. L , 2010. CALIFORNIA PROPERTY SPECIALISTS, INC., a California corporation By: —X� L-� Name _- en To "Z 6 c—, f/-S �s� (type or print) Its (circle one) Chairman siden ice President FEW I.A CITY OF TINGTON BEACH, a Calif or ieipal corporation Cat Administrator INITIATED AND APPROVED: Director of Eco is Development Name iav 6 am vi APPROVED AS TO FORM: (typ r print) 0't �' Lo to ItS (circle on ;ecre--- Assistant Secretary/ Chief Financial —r Oer/Assistant Treasurer City Attorney Q VO ZA 08-1707.01/53219 2 i CERTIFICATE ®F LIABILITY INSURANCE OCPI1DZF 5 DATE (MM/ODlYYYY) Ao3_z2/10 Peter C. Foy & Associates CA License #0803080 21650 Oxnard St., Suite 1900 Woodland Hills CA 91367 Phone:818-703-8057 Fax:818-703-0935 California Property Spec Inc California Property Spec LLC 600 W. Santa Ana Blvd Ste 115 Santa Ana CA 92701 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # �I INSURERA: Zurich US _ 16535 INSURER B: INSURER INSURER D: 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 DE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Or SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR — _ - OLICY EFfEtTIVE- —P0U—CYEXPIFU0-ON- LTRINSRCI TYPE OF INSURANCE POLICY NUMBER I DATE MMIDDIYYYY DATE MMIDDIYYYY - LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 COMMERCIAL GENERAL LIABILITY DAMAGETO-RENTEIT__ --` PREMISES (Ea occurence) _ $ CLAIMS MADE El OCCUR MED EXP (Any one person) S PERSONAL & ADV INJURY $ _ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPtOP AGG $ POLICY JE OT j LOC AUTOMOBILE LIABILITY COMDINED SINGLE LIMIT $ ANY AUTO (Ea accidet ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS - BODILY INJURY $ NON -OWNED AUTOS (Per accident) - -- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO Jtr-��tr-�� EA ACC OTHER THAN� S �'o �1. 1 Op AUTO ONLY: AGG $ �.�----- EXCESS 1 UMBRELLA LIABILITY r -r�rr EACH OCCURRENCE $ AGGREGAIF OCCUR f CLAIMS MADE Y A +t(; ; ^J tt .$— DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.LEACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? . --------- - — (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE _ $ If yes, describe under E.L. DISEASE - POLICY LIMIT -,— -- - $ SPECIAL PROVISIONS below OTHER A Errors & Omissions EOC927442208 01/04/10 01/04/11 Prof Liab 1,000,000 Retro Dt 1/4/06 Deduct 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS *10 Day Notice for non payment or premium urrc urn m i r. rIULUrM GANGELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYH-1 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30,* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Huntington Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Justin Wessels 2000 Main St. REPRESENTATIVES, Huntington Beach CA 92648 AUTHORIZED REPRESENTgTIVE ��.t1 T R ACORD 25 (2009/01) ©1988-2009 ACORD CORPOR ION- All rights rrsPrvert The ACORD name and logo are registered marks of ACORD e� CITY OF HUNTINGTON BEACH Professional Service Approval Form Amendment # 2 1. Date Requested: 9/3/10 2. Contract Number to be Amended:_ 007 064 02 3. Department: Economic Development 4. Requested By: Tina Krause 5. Name of Consultant: California Property Specialists, Inc. (CPSI) 6. Amount of Original/Prior Contract: $95,000.00 7. Additional Compensation Requested: $-0- 8. Original Commencement Date: 11/29/2007 9. Original Termination Date: 11/29/10 10. Extended Date Requested: 11/29/12 T13 9� 7 P :) c ILi i u_='�. �.+`¢':`•6.31:sL�.a E �,:.. ti:�u,.�a.;�v,�I(,I .".�tiT 11. Reason for Contract Amendment: Current CPSI consultant is working on an on -going project related to the petroleum pipeline franchises within the City. His time and knowledge is already invested in the project and it would be more cost effective to keep them on the project until completion. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: 10080501.69325 epartment d Signature Director of Finance (or designee) Signature 77 0 i. CONTRACTS SUBMITTAL TO 77F) CITY CLERK'S OFFICE 2008 DEC -2 PM 2:53 I T Y, To: JOAN FLYNN, City Clerk Name of Contractor: California Property Specialists (Amendment No. 1) Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Right-of-way Consulting and Land Services Amount of Contract: $95,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. F-1 to Risk Management F-1 Finance Dept. F] ORIGINAL bonds sent to Treasurer ❑ Date: �Naqie/Extension 16-fty Attorney's Office %/��O bo G:AttyMisc/Contract Forms/City Clerk Transmittal AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CALIFORNIA PROPERTY SPECIALISTS FOR RIGHT-OF-WAY CONSULTING AND LAND SERVICES THIS AMENDMENT No. I is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and CALIFORNIA PROPERTY SPECIALISTS, INC.; a California corporation, hereinafter referred to as CONSULTANT. WHEREAS CITY and CONSULTANT are parties to that certain agreement dated November 29, 2007, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CALIFORNIA PROPERTY SPECIALISTS, INC. (CPSI) FOR RIGHT OF WAY CONSULTING AND LAND SERVICES" which shall hereinafter be referred to as the Original Agreement; and Since the execution of the Original Agreement, CITY has requested additional work from CONSULTANT and CONSULTANT has agreed to perform such work; and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. ADDITIONAL WORD. CONSULTANT shall provide to CITY, on an as -needed basis, such additional services as may be required by CITY. 08-1707/24328 1 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, CITY agrees to pay CONSULTANT an additional sum not to exceed Seventy Five Thousand Dollars ($75,00.00). The additional sum shall be added to the original sum of Twenty Thousand Dollars ($20,000.00), for a new total contract amount of Ninety -Five Thousand Dollars ($95,000.00). 3. REAFFIRMA'TION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on �V DJ� rYI�jQ�2 2 S , 2008. CALIFORNIA PROPERTY SPECIALISTS, INC., a California corporation By: A:�Ij " Name A eh 7' J 0 +"a e,hs e A4 (type or print) Its (circle o tl—a ma%PresidentNice President By: �* Name Geor'aq_'0a ✓ g N rS (type or print) Its (circle on ecret Assistant Secretary/ Chief Financial Officer/Assistant Treasurer CITY OF H TINGTON BEACH, a Californ}Uipal corporation INITIATED AND APPROVED: �i;� Director o conomic Development VED AS TO FORM: ,k/, _ City Attorney V, p� �( 0t �� 08-1707/24328 2 ACORD CERTIFICATE OF INSURANCE InATE""' 1/22/2008 PRODUCER ' THIS CERTIFICATE IS ISSUED AS A MATTER OF CRES INSURANCE SERVICE, LLC P.O.BOX �0810 SANd. BOX , CA 92150 INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. TELEPHONE (868) 6184"S 1(800) 880-2747 COMPANIES AFFORDING COVERAGE COMPANY FACSIMILE (858) 6184655 LICENSE # OD86894 A Lloyds of London INSURED COMPANY California Property Specialists, Inc. B COMPANY 600 W. Santa Ana Blvd., Suite 115 C Santa Ana, CA 92701 COMPANY D COVERAGES 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 CONTRACTOR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE (MMIDDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE RRENCE $1,000,0001 21 Ono aim COMMERCIAL GEN x CLAIMS MADE AHJM086332 1/4/2008 1/412009 PRODUCTS- COMPIOPS AGO PERSONAL & ADVERTISING OCCURRENCE OWNERS & CONT. PROT X Processional L[ablsty FIRE DAMAGE (ANY ONE FIRE MED EXP (ANYONE PERSON) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT BODILY INJURY (PER PERSON ANY AUTO _ALL OWNED AUTOS BODILY INJURY (PER ACCIDENT) SCHEDULED AUTOS `HIRED AUTOS - PROPERTY DAMAGE NO"WNEDAUTOS GARAGE LIABILITY AUTO ONLY EACH ACCIDENT OTHER THAN AUTO ONLY ANY AUTO EACH _ EXCESS LIABILITY EACH OCCURRENCE AGGREGATE UM13WLLAFORM OTHER THAN UMBR. VVORKERS EMPLOYERS O ABILITY A�PVEDTO F STATUTORY LIMITS EACH ACCIDENT THE PROPRIETOR! PARTNERS/ EXECUTIVE WCL J0 /j ev DISEASE -POLICY LIMIT OFFICERS ARE EXCL. 7JEW DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIOKWLOCA'TIONSNEHICLES/SPECIAL ITEMS The policy covers any employee while prethrming Consulting services in their capacity as an employee or independent contractor of California Property Specialists, Inc_. Additional Insured: CANCELLATION SHOULD ANY OF THE ABOVE POLICES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WLL ENDEAVOR TO MAIL, 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BLrr FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (=3) Professional Service Contracts Purchasing Certification Amendment # 01 1. Date Requested: November 19, 2008 2. Contract Number to be Amended: ECD 007-064-00 3. Department: Economic Development 4. Requested By: Tina Krause 5. Name of Consultant: California Property Specialists Inc., (CPS 1) 6. Amount of Original/Prior Contract: $20,000 7. Additional Compensation Requested: $75,000 8. Original Commencement Date: 11/29/07 9. Original Termination Date: 11/29/10 10. Extended Date Requested: N/A 11. Reason for Contract Amendment: CPSI's duties include title services, appraisal services, negotiations, closing services, condemnation support, property acquisition, and petroleum pipeline services all regarding right-of-way issues. Initially the original contract's scope of work was not anticipated to be as large in regards to right-of-way services as is now necessary. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: 10080501.69325 ' Department Hea ignature RICHARD AMADRIL Central Services Manager CONTRACTS SUBMITTAL Tqopj,,, 29 P.11 5: 3 4 CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: California Property Specialists, Inc. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Provide rght-of-way consulting and land services. Amount of Contract: $20,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. F-1 to Risk Management F-1 Finance Dept. F-1 ORIGINAL bonds sent to Treasurer F-1 Date: / 2�/0� Nam /Extension City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND California Property Specialists, Inc., (CPSI) FOR Right of Way Consulting and Land Services 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 Entirety ......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND California Property Specialists, Inc. (CPSI) FOR Right of Way Consulting and Land Services THIS AGREEMENT ("Agreement") is made and entered into this " day of (J OVF.rM6wr 20 07, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and California Property Specialists, Inc. (CPSI) a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide Right of Way Consulting and Land 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 Kent Jorgensen who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery10/15/01-A I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the Three (3) years from the "Commencement Date"). This Agreement shall expire on Commencement Date , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Twenty Thousand Dollars ($ 20,000.00 ), 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/forms/profsery 10/15101-A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agree/forms/profsery 10/15/01-A 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. agree/forms/profsery 10/15/01-A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 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 agree/forms/profsery 10/ 15101-A 5 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. agree/forms/profsery 10/15101-A 6 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: City of Huntington Beach ATTN: Stanley Smalewitz, Economic Development Director 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: California Property Specialist, Inc. (CPSI) 600 W. Santa Ana Blvd., Ste 115 Santa Ana, CA 92701 Attn: Kent Jorgensen 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. agree/forms/profsery 10/15101-A 7 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 agree/forms/profserv10/15/01-A 8 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, agree/forms/profsery 10/15101-A 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profserv10/15/01-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF -HUNTINGTON BEACH, California Property Specialists, Inc. (CPSI) a municipal corporation of the State of California By: '--� print nam ITS: (circle one) ) -firma esidentNice President n. AND '1. Director of Economic D ment (Pursuant To HBM 3.03.100) APPROVED AS TO FORM: It i 0 7 City Attorney REVIEWED o print name ITS: (circle o ScrEhief Financial Officer/Asst. �11� Secretary — Treasurer City/Adm�nistrator (only for contracts $50; p00.00 and over) agree/forms/profsery 10/ 15/01-A I I EXHIBIT "All A. STATEMENT OF WORK: (Narrative of work to be performed) California Property Specialists Inc. (CPSI) will provide on -call consulting services regarding various right-of-way issues. Required services may include, but are not limited to: administration, title services, appraisal services, negotiation services, closing services, condemnation support services. property acquisition services, and petroleum pipeline services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Administration: Preparing property owner contact lists; providing project schedules indicating anticipated start and end dates; participating in project review meetings; providing current status reports of all parcel and project activities; providing monthly summaries of project expenses including amounts authorized, amounts paid and forecasted; providing personnel available to answer questions; maintaining copies of all correspondence and contacts with property owners; and maintaining files of original documentation related to each property or property interest. 2. Title Services: Securing preliminary title commitments or title searches; securing title updates; securing title insurance for all parcels acquired, insuring acceptable title to the City. The cost of all title services, with the exception of curative work necessary to provide clear title to the City, will be paid by the City and should not be included in the proposer's scope of work or fee schedule. The cost of all curative work necessary to provide clear title to the City is the responsibility of the proposer and should be included in the negotiated fee schedule. 3. Appraisal Services: Securing written permission from owners to enter properties from which land is to be acquired; preparing and conducting pre -appraisal contact with interest owners for each parcel; contacting property owners or their representatives to offer an opportunity to accompany the appraiser on the appraiser's inspection of subject property; preparing a complete appraisal report for each parcel to be acquired; as necessary, prepare written notification to the City of any concerns associated with properties to be acquired which could require remediation; and reviewing completed appraisals with City staff. As necessary, review appraisal reports to determine consistency with values, supporting documentation related to the conclusions reached, and compliance with the Uniform Standards of Professional Appraisal Practices. Appraisers must be approved in advance by the City. 4. Negotiation Services: Analyzing preliminary title reports to determine potential title problems, proposing methods to cure title deficiencies; preparing initial offer letters, memorandums of agreement, instruments of conveyance, and other documents requested by the City; contacting each property owner or their representative to present the written offer in person where practical; maintaining follow up contacts and, upon acceptance of the City's offer, securing the necessary instruments for closing; responding to property owner inquiries verbally and in writing within two business days; advising property owners on the administrative settlement process, transmitting to the EXHIBIT "All City any written counter offers from property owners along with supporting documentation and recommendations; and preparing final offer letters. 5. Closing Services: Coordinating with the City and title company to obtain updated title commitments and certified copies of instruments of conveyance and ensuring recordation of all instruments immediately after closing. 6. Condemnation Support Services: Providing two copies of complete property files to the City; participating in preparation meetings and pre-trial hearings; providing additional information as requested by the City Attorney; and taking photographs of the interest to be acquired on the day of deposit. 7. Property Acquisition Services: Providing written notification to the City of any items not acquired or retained by property owners as part of an acquisition; providing written notification to the City when buildings are vacant and ready for disposal, coordinating with property owner to assure the clearance of personal property. 8: Petroleum Pipeline Services: Determining pipeline infrastructure within the City and advising the City as to how the infrastructure should be appropriately used. Providing detailed mapping of the pipelines including but not limited to: identification of each pipeline and pipeline diameter, associated company/carrier, identification of idle or active pipelines, along with other necessary pertinent descriptions. Determining proper calculations of current and historic franchise fees based on usage of facilities. Analyzing data to determine payments due to the City under existing franchise agreements. Examples of payment may include base granting fees, base annual fees and adjustments, base construction charges, methods for handling credits/refunds, and Performance Bonds. Assisting with negotiations for franchise fee payments and other related services as deemed necessary. Assisting the City to maximize revenues while complying with the FERC and state allowable commerce charges under Common Carrier and/or Properietary Franchise Agreements. Preparing a policy recommendation to City staff upon review of the franchise information. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. City to provide CPSI with access to past franchisee submission data, existing franchise agreements and city franchise ordinances, along with existing mapping data if available. D. WORK PROGRAM/PROJECT SCHEDULE: CPSI will provide the above services on an "as -needed" basis for projects to be determined during the term of the contract. EXHIBIT "B" Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to a full payment toward the fixed fee set forth herein in accordance with the following: CALIFORNIA PROPERTY SPECIALISTS, INC. FEE STRUCTURE Administrative Services Hourly Rate Technical Support $ 60 Clerical Support $ 45 Title Services (based on reduced rate) Task Rate Preliminary Title Reports $350 to $750/Ea Escrow Fees $0.95 to $1.25 per $1,000 Title Policy $2.00 to $3.00 per $1,000 Litigation Guarantees $1.75 to $3.00 per $1,000 Appraisal Services (bid on an assignment basis) Task Rate Residential $750 to $2,000/Ea Commercial $3,000 to $7,500/Ea Fixtures and Equipment $1,500 to $3,000/Ea Business Valuations (loss of goodwill) $1,500 to $5,000/Ea Negotiation Services Hourly Rate Project Manager $95 Senior Acquisition Agent $90 Acquisition Agent $85 Closing Services Task Rate Escrow Coordination $250 - $500 per case Condemnation Support Services Hourly Rate Project Manager $95 Senior Acquisition/Relocation Agent $90 Acquisition/Relocation Agent $85 Pre-trial Preparation and Expert Witness Testimony $150 Acquisition Services Hourly Rate Project Manager $95 Senior Acquisition/Relocation Agent $90 Acquisition/Relocation Agent $85 1 Property Manager $90 Property Management Assistant $65 Petroleum Pipeline Services Hourly Rate Project Manager $95 Engineer Support (Licensed P.E.) $115 Land/Utility Agent $85 Mapping Technician $65 All hourly rates will be valid for a three year period and include all overhead costs, administrative and profits. Other direct costs not identified in this schedule will be billed "at cost" and subject to appropriate documentation and Agency approval. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation, and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in ]Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 ACORD CERTIFICATE OF INSURANCE DATE(MM/DD/YY) 11/25/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CRES INSURANCE SERVICES, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 500810 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SAN DIEGO, CALIFORNIA 92128 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TELEPHONE (858) 618-1648 / (800) 880-2747 COMPANIES AFFORDING COVERAGE COMPANY FACSIMILE (858) 618-1655 CA LICENSE # OD85894 A Lloyd's Of London INSURED COMPANY California Property Specialists B COMPANY 600 West Santa Ana Blvd, Ste 115 C Santa Ana, CA 92701 COMPANY D COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE 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. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPEOFINSURANCE POLICYNUMBER DATE MM/DD/Y DATE MM/DD LIMITS GENERAL LIABILITY GENERAL AGGREGATE $1 000 000 PRODUCTS-COMP/OPS AGG COMMERCIAL GEN. xCLANS MADE ncURRF.NCE AHJM075201 1/4/2007 1/4/2008 EACH OCURRENCE $1 000000 FIRE DAMAGE (ANY ONE FIRE) Occ=ence X Professional Liability MED EXP. (ANYONE PERSON) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO _ ALL OWNED AUTOS :DPP V t'� VAS 1T O F BODILY INJURY (PER PERSON) $ _ SCHEDULED AUTOS BODILYINJURY _ HIRED AUTOS NON -OWNED AUTOS NIPl' Mc , ORAT Attorney (PER ACCIDENT) $ PROPERTY DAMAGE $ GARAGE LIABILITY O AUTO ONLY EACH $ ANY AUTO OTHER THAN AUTO ONLY 8 EACH ACCIDENT $ EXCESS LIABILITY EACH OCCURRENCE $ _ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBR. WORKER COMP.& EMPLOYERS LIABILITY STATUTORY LIMITS THE PROPRIETOR/ EACH ACCIDENT PARTNERS/ INCL. _ EXECUTIVE DISEASE -POLICY LIMIT OFFICERS ARE EXCL. DISEASE -EACH EMPLOYEE A OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS. This Policy provides coverage for any employee while performing consulting services in their capacity as an employee or independent contractor of California Property Specialists, Inc CERTIFICATE HOLDER CANCELLATION City of Huntington Beach y g SHOULD ANY OF THE ABOVE POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 15 DAYS WRITTEN NOTICE Attn: Risk Management 2000 Main Street EXCEPT 10DAYS FOR NON-PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25-S (3/93) Anthony Quatrone on behalf of Andy Silverman Professional Service Contra Purchasing Certification 1. Date: 11127/2007 2. Department: Economic Development 3. Requested by: Tina Krause 4. Name of consultant: California Property Specialists, Inc. 5. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. See attached contract. 6. Amount of the contract: $20,000 7. Are sufficient funds available to fund this contract?' ® Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 9. Business Unit and Object Code where funds are budgeted: 10080501.69300 10. Is this contract less than $50,000? ® Yes ❑ No 11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 12. Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). See attached list "Mailing List for Right -Of -Way Consulting and Land Services Request for Proposals." 15. Attach proposed scope of work. See Exhibit A in attached contract. 16. Attach proposed payment schedule. See Exhibit B in attached contract. Department Head Nahature'" ICHARD AMADRIL Central Services Manager 1. If the answer to this question is "No," the contract will require approval from the City Council. MAILING LIST FOR RIGHT OF WAY CONSULTING AND LAND SERVICES REQUEST FOR PROPOSALS Spectrum Land Services Attn: Eric Campbell 725 Town & County Road, Suite 410 Orange, CA 92668 (714) 568-1800 Security Land & Right of Way Services, Inc. Attn: Roger Cunningham 1440 South State College Blvd., Suite 3d Anaheim, CA 92806 (714) 635-3380 Dick Salisbury 2108 Brittany Place Placentia, CA 92807 (714) 257-1609 CPSI (California Property Specialists, Inc Attn: Kent Jorgensen 600 West Santa Ana Blvd., Suite 115 Santa Ana, CA 92701 (714) 550-4628 Email: gmarquis@cpsi-row.com Spec Services Attn: Chris Smart 17101 Bushard Street Fountain Valley, CA 92708-2833 (714) 963-8077 ext. 4102 Henry Nunez Real Estate Co. Attn: Charles Jones 11 E. Huntington Drive Arcadia, CA 91006 (626) 254-0524 Cell: (626) 627-8691 Email: Charles@hnrealestate.com Marmac Field Services Attn: Danny Musselman 3589 Harbor Blvd. Costa Mesa, CA 92626 (714) 434-5310