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HomeMy WebLinkAboutGRC Associates, INC - 2008-05-01• - � 1, E CONTRACTS SUBMITT`L` TO CITY CLERK'S 00ML- I AM II' I 1 C 'iT Y OF [JUNiTINGT TIN BEACH To: JOAN FLYNN, City Clerk Name of Contractor: GRC ASSOCIATES, INC. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park BLIGHT STUDY CONSULTING SERVICES Amount of Contract: $22,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. to Risk Management ❑ ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ k &A_�� Date: a N m /Extensi n City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES, INC. FOR BLIGHT STUDY CONSULTING SERVICES Table of Contents Scopeof Services.....................................................................................................1 Agency Staff Assistance..........................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance............................................................................4 Certificateof Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 Agency Employees and Officials.............................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................1 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES, INC. FOR BLIGHT STUDY CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the Redevelopment Agency of the City of Huntington Beach, a public body of the State of California, hereinafter referred to as "AGENCY, and GRC Associates, Inc. a c-nrnnral-inn hereinafter referred to as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of a consultant to conduct a blight survey and economic analysis ;and Pursuant to documentation on file in the office of the Agency 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 AGENCY 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 John Oshimo, President who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement. agree/ surfnet/agency prof Svcs to $49,999 12-07 1 2. AGENCY STAFF ASSISTANCE AGENCY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on May 1 , 20 08 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than December 1, 2008 from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by AGENCY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed twenty—two thousand Dollars ($ 22,000.00 ) 5. EXTRA WORK In the event AGENCY 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 AGENCY. agree/ surfnet/agency prof Svcs to $49,999 12-07 2 Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY 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 AGENCY, and CONSULTANT shall turn these materials over to AGENCY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by AGENCY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless AGENCY, 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 AGENCY. CONSULTANT will conduct all defense at its sole cost and expense and AGENCY shall approve selection of CONSULTANT's counsel. This agree/ surfnet/agency prof svcs to $49,999 12-07 3 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 AGENCY 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 AGENCY. 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 AGENCY 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 AGENCY with required proof that insurance has been procured and is in force and paid for, the AGENCY shall have the agree/ surfnet/agency prof svcs to $49,999 12-07 4 right, at the AGENCY'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 AGENCY for any work performed prior to approval of insurance by the AGENCY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY a certificate of insurance subject to approval of the Agency Counsel 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 AGENCY. 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. AGENCY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/ surfnet/agency prof svcs to $49,999 12-07 5 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of AGENCY. 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. AGENCY 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 AGENCY 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 AGENCY, 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 AGENCY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/ surfnet/agency prof Svcs to $49,999 12-07 6 14. COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY 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 AGENCY 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. AGENCY 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 AGENCY: Redevelopment Agency of the City of Huntington Beach ATTN: Director -Economic Development 2000 Main Street Huntington Beach, CA 92648 agree/ surfnet/agency prof Svcs to $49,999 12-07 7 TO CONSULTANT: GRC Associates, Inc. Attn: John Oshimo, President 858 OakPark Rd., Ste. 280 Covina, CA 91724 17. CONSENT When AGENCY'S consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act agree/ surfnet/agency prof svcs to $49,999 12-07 8 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and AGENCY agree that AGENCY 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 Agency Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/ surfnet/agency prof Svcs to $49,999 12-07 9 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify AGENCY fully for any injuries or damages to AGENCY 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 agree/ surfnet/agency prof Svcs to $49,999 12-07 10 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 Agency Counsel. This Agreement shall expire when terminated as provided herein. CONSULTANT, GRC Associates, Inc. COMPANY NAME By: . r'XA/ /Cl . 6.S.gf/ti! O print name ITS: (circle one) Chairma residen ice President a.Zrl By: L /U ©S/r//tf y print name ITS: (circle one) ecretary/ hief Financial Officer/Asst. Secretary — Treasurer agree/ surfnet/agency prof Svcs to $49,999 12-07 1 1 REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a political body of the State of California Deputy Exeou ike Director APPROVF'D AS TO FORM: U cr$ Agency Counsel �g1pq Date d� CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION The undersigned certify that: 1. They are president and the secretary, respectively, of GRC Associates, Inc., a California corporation. 2. Article TWO of the Articles of Incorporation of this corporation is amended to read as follows: On this day of August 28, 2005, the transfer of the ownership of this corporation from Stephen A. Copenhaver to the new President and Secretary, Johnny N. Oshimo of GRC Associates. See Attached Letter of Transfer. 3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. 4. The foregoing amendment of Articles of Incorporation has been duly approved by the required vote of shareholder in accordance with Section 902, California Corporations Code. The total number of outstanding shares of the corporation is 5,000. The number of shares voting in favor of the amendment equaled or exceeded the vote required. The percentage vote required was more than 50%. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: C S Secretary of State AMDT-S (11-00) November 27, 2005 ECONOMIC DEVELOPMENT REDEVELOPMENT REAL ESTATE CONSULTING AFFORDABLE HOUSING TRANSFER OF OWNERSHIP OF GRC ASSOCIATES, INC. This shall indicate the transfer of ownership of GRC Associates, Inc., a California corporation, from Stephen A. Copenhaver to Johnny N. Oshimo, President and Secretary. "'St6ph6n A. ..- ice", 2l. _ JohnnyA. Oshimo �00 S. KPAEIvIER BLVD. SUITE 365 ,» Cam, 9 2 S 2 1 v D to Date EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) GRC Associates, Inc. is to conduct a blight study and analysis of 51 Huntington Beach shopping centers and other selected properties to assess the feasibility of amending the adopted Huntington Beach Merged Redevelopment Project Area Plan to include those properties which meet the criteria for blight under definitions identified with California Redevelopment Law. The purpose of the blight study is fourfold: 1) to provide an evaluation of the physical and economic conditions of the added area; 2) to project the economic potential of the added area; 3) to recommend the added area boundaries based on the study results; and 4) to identify potential environmental issues. Consultant shall not evaluate any properties within the Southeast Coastal Redevelopment Project Area, nor any residential properties. Further, the consultant will not include any consideration for future condemnation of property. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. PROJECT MANAGEMENT GRC will develop a work plan during the first week that details the project schedule. The calendar of events will identify and schedule the tasks to be performed and products to be prepared and submitted to the Agency staff and legal counsel. The milestones identified in this work plan will include dates of draft reviews, final products, mailing dates and community workshops. As part of GRC's Project Management role, the GRC team will prepare all staff reports and resolutions with Agency staff and attorney approval. The following work plan outlines the manner in which GRC proposes to complete the redevelopment blight study. The feasibility of including the proposed study area into a redevelopment project area under current law will be considered from the perspective of determining the characteristics of physical and economic blight and the revenue potential from redevelopment. 2. WORK PLAN Recent court decisions and new legislations have highlighted the importance of blight documentation in forming project areas. It is essential that the methodology and criteria for determining blight is well documented and that each parcel within the study area has detailed information to back up the blight determination. Surfnet Exhibit A Task 1: Documentation of Blight To meet the new Redevelopment Law requirements, GRC will initiate a systematic parcel -by -parcel survey of the study area. The survey data for each parcel will be recorded on forms developed by GRC. The survey forms record existing exterior physical conditions for each parcel, with detail information and photos of those parcels considered as exhibiting one or more blighting conditions as defined in Redevelopment Law. As stated in Redevelopment Law, one of the key criteria of physical blight is when: "...buildings in which it is unsafe or unhealthy for persons to live or work. These conditions may be caused by serious building code violations, serious dilapidation and deterioration caused by long-term neglect, construction that is vulnerable to serious damage from seismic or geologic hazards, and faulty or inadequate water or sewer utilities ". The database will include information that would be determined from the public rights -of -way regarding existing land use, the physical condition of buildings on each property, documentation of compatibility with adjacent uses, other observed physical constraints to the use of the parcel, and whether there are other parcel conditions that may contribute to physical or economic blight. The basis for evaluating observed conditions would be based on the pre -determined "Site Review Criteria." The economic blight analysis will examine recent property sales values, assessor data, rent and lease rates, crime statistics and the availability or lack of necessary commercial facilities that are normally found in neighborhoods All the information will be incorporated into an excel data file which will be linked to GRC's GIS (ArcView) mapping system. This linkage will enable the blight analysis to be graphically presented on maps and used to assist in selecting the added area. In addition, the blight assessment maps can be readily incorporated in the Preliminary Report and the Report to City Council. Furthermore, the GIS base map of the identified added area can be used for the legal map and legal description. In addition to the field surveys, extensive use of documents and data from local and regional sources will be added to the findings and conclusions regarding the existence of blighting conditions in the study area. GRC will collect, the following information: ■ Active building code violations from the Code Enforcement Department. ■ List of federal and state agencies identifying hazardous material sites, such as the State Water Resources Control Board's Leaking Underground Storage Tank (LUST) database of potential contaminated sites. Surfnet Exhibit A ■ Part I Crime statistics by reporting districts from the City's Police Department. ■ County Assessors property tax information and sales tax information. ■ Adequacy of the City's sewer and water system based on sewer and water master plans and discussions with the City's Public Works Department ■ Market data secured from rental surveys and resale values. ■ Public improvement projects from various departments within the City. Task 2: Economic Projections Economic feasibility of the added area will be determined based upon a comparative analysis of anticipated costs associated with the implementation of a redevelopment plan to the projected property tax increment revenues generated over a 45-year period. The revenue projections will assume a two percent and four percent annual growth rate. Anticipated redevelopment projects and programs such as public improvement projects, land assembly and land disposition programs, residential and commercial rehabilitation loan programs, business assistance, attraction and retention programs, and administrative costs will be discussed with staff. Task 3: Public Participation Program In today's environment, the success of a redevelopment program depends on the community's understanding and acceptance of redevelopment as a tool for enhancing municipal revenues and improving the economic and physical conditions of a community. To a large extent, this understanding is also critical to a process of amending a redevelopment project area to add area. Although the public participation process is not statutorily required, except under certain circumstances, the controversial nature of redevelopment and the community concerns frequently encountered in the redevelopment plan process make it a good practice for cities to inform their residents and businesses on potential plans for redevelopment. Such dialog with the community should result in a redevelopment planning effort more consistent with community goals and responsive to community needs while also insuring compliance with the letter and the spirit of CRL and recent Court interpretations. GRC proposes that the public participation program be initiated early in the process; even before the project area is designated. To implement the public participation program, GRC proposes the following" activities: Community Meetings: The initial step in the public participation process is designed to inform, educate and seek input from those that are very involved in the community, especially those in the study area. Meetings would be held with community residents and businesses to provide a preview of the future Surfnet Exhibit A redevelopment process and to secure their insights into the community's acceptance of the redevelopment planning process. The intent of this meeting is to educate the public on redevelopment and to dispel any fears about redevelopment and to determine the level of public interest or concern regarding the proposed redevelopment effort. The format for these meetings would include a "PowerPoint" presentation on the need for and the benefits of redevelopment in the community and the process for formulating and adopting the new project area. GRC will also provide Spanish translation, if necessary. County Supervisor Meeting: It is important to discuss the proposed redevelopment effort early in the process with the County Board of Supervisors to show the reasons why redevelopment is necessary. Task 4: Potential Environmental Issues The adoption of the Redevelopment Plan amendment is subject to the provisions of the CEQA and the State CEQA Guidelines. To assist the Agency in identifying potential environmental impacts associated with the amendment, GRC will prepare an Initial Study to identify topical areas in which the project may have an impact on the environment. Redevelopment Law requires an EIR for amendments that add new territory to a project area. Therefore, findings from the Initial Study will focus the program EIR on those environmental impacts that are potentially significant. GRC understands that the Agency will select an environmental consultant to prepare the Program EIR. Task 5: Mailing List GRC will prepare a mailing list, with labels, of all property owners and tenants in the existing and added area. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Assist GRC in obtaining HdL property data available in-house; facilitate contact with internal staff to obtain survey data for GRC which will be instrumental in the completion of the final product; review draft and final documents and provide comments; organize and provide location(s) for community meetings/City Council study sessions. D. WORK PROGRAM/PROJECT SCHEDULE: It is anticipated that the proposed work plan can be completed during a three-month period as follows: Surfnet Exhibit A TASKS T-I1VIE;;.; FINAL PRODUCT Task l: Blight Documentation Months 1-2. Six weeks Physical and economic from Notice to Proceed blight study with recommendation and GIS maps Task 2: Economic Projections Month 2. Two weeks Comparison of possible after submittal of blight redevelopment projects study with projected tax increment revenues Task 3: Public Participation Programs Month 3. Two public workshops and one Agency workshop One meeting and area tour with County Supervisor's office Task 4: Environmental Issues Month 3. Three weeks Draft and Final Initial Study Surfnet Exhibit A 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 tasks and project schedule defined in Exhibit "A." Task Document/Action Fee Task 1 Documentation of Blight (1) $9,500 Task 2 Economic Projections $3,000 Task 3 Public Participation Program (2) $3,250 Task 4 Environmental Initial Study $4,500 Task 5 Mailing List (3) $750 Indirect Costs (4) $1,000 TOTAL NOT TO EXCEED $22,000 (1) Does not include the cost of purchasing HdL property data. (This information may be available through City staff) . (2) Public Participation Program includes three (3) community meetings. (3) Preparation of mail list (labels) of residents and business owners and tenants. Does not include mailing and postage. (4) Indirect costs associated with the project, include printing of documents, and presentation materials. These costs will be billed at our cost plus 20%. 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. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment 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. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment i 400-SEL- CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MMIDD/YYYY) GRCAS-1 12 19 07 P oDUCER _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION B woke Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OE11842 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 660339 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arcadia CA 91066 Phone : 62 6 - 44 5 - 7 0 3 0 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Indemnity Co of IL 25674 INSURER B: Philadelphia Indemnity Ins Co. GRC Associates, Inc. INSURERC: 858 Oak Park Road # 280 INSURERD: Covina CA 91724-3752 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATEY/YEFFECTIVE POLICY M/DDEXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE lil OCCUR 6 6 0 4 5 6 L 6 3 6 0 06 12 / 01 / 0 7 12 / 01 / 0 8 PREMISES (Ea occurence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ EXCLUDED GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- LOC JECT A AUTOMOBILE LIABILITY ANY AUTO 660456L6360 06 12/01/07 12/01/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ J NP XFER WGRA1 H, ity rn /y $ $ DEDUCTIBLE `/t( rrr $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE TORY LIMITS JOTH- ER E.L. EACH ACCIDENT $ E-.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? It es, descibe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER B Professional Liabi PHSD259207 08/19/07 08/19/08 Per Claim $1,000,000 AAggre at $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder, its agents, officers and employees are included as an Additional Insured and when applicable, the redevelopment agency of the City of Huntington Beach. Form CG2037 07 04 is attached to this Certificate. *Except 10 days written ntoice of cancellation ofr non-payment of premium. CERTIFICATE HOLDER - ; . CANCELLATION CITY0 0 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOt DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * 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 Risk Management Division 2000 Main Street REPRESENTATIVES. Huntington Beach CA 92648 AUIZEDREPRESENTATIVE ACORD 25 (2001108) © ACORD CORPORATION 198 vr'IV a ---��- GRCAS-1 12/19/07 T.F_R OF INFORMATLON�. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ,.. 01/08) VELERS INDEMNITY CO. OF IL. POLICY # 6660456L6360 COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED .OWNERS, LESSEES OR CONTRACTORS _COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izatio n s : Location And Description Of Completed Operations City of Huntington Beach Feasibility Study its agents, officers and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section If _Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20370704 Copyright, Insurance Services Office, Inc., 2004 Page 1 of 1 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: 4/15/2008 3. Department: Economic Development 5. Name of consultant: GRC Associates, Inc. 2. Contract Number: ECD 00'?0/300 4. Requested by: Simone Slifman 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. See attached RFP. 7. Amount of the contract: $22,000 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: 30580101.69325 11. Is this contract less than $50,000? ® Yes ❑ No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). See attached list. 16. Attach proposed scope of work. See attached Exhibit A. 17. Attach proposed payment schedule. See attached Exhibit B. Department Head Sign reZIC D AMAD IL Central Services Manager 1. If the answer to this question is "No," the contract will require approval from the City Council. FIRMS TO WHICH THE RFP FOR BLIGHT STUDY CONSULTING SERVICES WAS SENT GRC Associates, Inc. 858 Oak Park Road, Suite 280 Covina CA 91724 (626) 331-6373 Willdan 13191 Crossroads Parkway North Suite 405 Industry CA 91746 (562) 908-6200 Tierra West Advisors 168 Annandale Road Pasadena CA 91105 (626) 663-1224 Rosenow Spevacek Group 309 West Fourth Street Santa Ana CA 92701-4502 (714) 541-4585 Urban Futures, Inc. 3111 N Tustin Avenue, Suite 230 Orange CA 92865-1753 (714) 283-9334 Keyser Marston Associates 500 S Grand Avenue Suite 1480 Los Angeles CA 90071 (213) 622-8095 It is unknown as to how many people downloaded and viewed the RFP from the Huntington Beach website. q��anrcTa�e� CITY OF • BEACH f s �CE��HNTVLa�l Vendor's Application • rm Return to: The City of Huntington Beach Central Services Division, 2000 Main Street, Huntington Beach, CA 92648-2702, Telephone: (714) 536-5221, Fax: (714) 374-1530 Email: mgoldstein .surfcity-hb.org Date: : , „ � . � , .;3:�,; mow, NameandMailin for Bid:Documents;and. P,urchasme,rde,rs.::; ,;,U;endors ,Address Vendor's Name: C R-e, 4,Cvr) Ow4 7", JA1 c- Address: e-j-' 0,4t ph/2.k /L0 • V7F z� City, State, Zip: GoviAJA C4 C11-7 2`f Telephone No.: (64)V( - 6313 Toll Free No.: ( ) FAX No.: (bu )3-31 - &S C E-mail Address: Federal Tax ID #: • 1/e 4- 0116 State Sellers Permit #: City of HB License #: A."Iqa56 State Contractor's License #: Are you interested in receiving an electronic payment via ACH? ❑ Yes [ No d fi M 3 i i'TS 2 M ,lx, § KeyPersonnel ,to be�Contactedwby t Sales Representative: �Frn/ p�(FI rM Telephone No.: Toll Free No.: ( ) - Name of Person for quotes, orders and/or delivery information: Telephone No.: ( ) - Toll Free No.: ( ) - Commodities Offered: .: ai.�, ,.., i'`"a'y:^5....� Vz• 1O +Yi,A.' Staff.,: _Personnel�toWbe:Contactedbb- KCit .N ._.� ':•ii»� .D, �` �3i."Bik�, ". Is your company interested in becoming an established resource to the City during a civil emergency situation? ❑ Yes Do Name of After Hours Contact: Phone Number of Contact: ( ) - Note: City Standards of Conduct for Buying Purchasing decisions are made in the interests of attaining maximum value from our tax dollars. The law prohibits the City from entering into any contract that would be a conflict of interest. It is the policy of the City to not purchase from firms owned or controlled by employees or their immediate families. It is also illegal to enter into any contracts in which a member of the City Council has a financial interest. No gifts, free services, discounts on special purchases, trips, entertainment or special consideration of any kind may be accepted by any city employee. Please do not offer such premiums. The City of Huntington Beach wishes to establish a reputation, which meets the highest standards of ethical conduct, both personal and business.