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HomeMy WebLinkAboutGRC ASSOCIATES, INC. - 2000-02-22611- o K to FOR TRANSMITTING $20,000 & UNDER AGREEMENTS TO THE CITY CLERK FOR OFFICIAL FILING Resubmitted 3/29/2000 ,1�)6e Yes No NIA ■ ❑ ❑ Are all blanks filled in on agreement? ■ ❑ ❑ Has contractor signed agreement? ■ ❑ ❑ Are all other signatures (e.g., City Attorney Approval As To Form) on agreement? ■ ❑ ❑ Does agreement have Exhibits and/or Attachments? If Yes, ■ Are Exhibits/Attachments marked? ■ Are Exhibits/Attachments attached? Yes No NIA ■ ❑ ❑ Is Insurance required? If Yes, ■ Is Insurance attached? ■ Is Insurance Approved As To Form by City Attorney ■ If waived, is Settlement Committee approval attached? Not Required ' ■ If waived, has agreement been initialed by contractor or revised to remove insurance requirement from text of agreement? Yes I No NIA If this agreement requires documentation to be on file regarding Requests ❑ ❑ ■ for RFPs, have you attached this documentation (see Page 1 of agreement to determine if this requirement applies)? Please complete the section below so the City Clerk's Office can enter your agreement on the computer so that it is retrievable by keyword search (termination date is required for Cleric's computer program to flag for microfilmingldestruction purposes). Description of Agreement (Purpose) (such as Perform Soil Analysis Waterfront Hilton/PCH/Atlanta): Redevelopment Agency of the City of Huntington Beach and GRC and Associates Professional Services Agreement for Consutlitn Services for Housing Development Cost Analysis Termination Date: March 25, 2000 Nofe: Two additional consultants were contacted for proposals. Both declined to submit. the consultants were: Keyser Marston Assoc., Kathe Head, 213-62208095 and Sedway Group, Terry Margerum, 415-781-8900 3 U3 -N-F0 _ORA P 4.j o+ gAbobbielagrmt chk 1st gre.doe i PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES, INC. FOR CONSULTNG SERVICES FOR HOUSING DEVELOPMENT COST ANALYSIS Table of Contents IWork Statement.......................................................................................................1 2 City Staff Assistance................................................................................................1 3 Time of Performance...............................................................................................2 4 Compensation ................................................. .................................................... .....2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................2 7 Disposition of Plans, Estimates and Other Documents...........................................4 8 Indemnification and Hold Harmless........................................................................4 9 Workers' Compensation...........................................................................................4 10 Insurance..................................................................................................................5 11 Certificates of Insurance..........................................................................................6 12 Independent Contractor............................................................................................6 13 Termination of Agreement.......................................................................................7 14 Assignment and Subcontracting...............................................................................7 15 Copyrights/Patents ...................................................................................................7 16 City Employees and Officials ..................................................................................7 17 Notices...................................................................................................... ....7 18 Immigration..............................................................................................................8 19 Legal Services Subcontracting Prohibited...............................................................8 20 Attorney's Fees.........................................................................................................8 21 Entirety...................................•.................................................................................9 adl:`aeree.-GRC Assocs. 2! 1 5r'00 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUT-TINGTON BEACH AND GRC ASSOCIATES, INC. FOR CONSULTING SERVICES FOR HOUSING DEVELOPMENT COST ANALYSIS THIS AGREEMENT, made and entered into this a7), day of \ 2000, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUTITINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "AGENCY," and GRC ASSOCIATES, INC, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of a consultant for consulting services for housing development cost analysis in the city of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows: WORK STATEMENT CONSULTANT shall provide all services as described in the Request for Proposal, and CONSULTANT's proposal dated January 25, 2000 (hereinafter referred to as EXHIBIT "A"), which is attached hereto and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." CONSULTANT hereby designates Stephen A. Copenhaver, who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement. 2. AGENCY STAFF ASSISTANCE AGENCY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1 ad1/00agrm1GRC Assocs. 211 55i00 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified Mwa Z in Exhibit "A" shall be completed no later than Ftbrtm+ry �2000, from the date of this Agreement. These times may be extended with the written permission of the AGENCY. The time for performance of the tasks identified in EXHIBIT "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by the AGENCY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, AGENCY agrees to pay CONSULTANT a fee not to exceed Nine Thousand Dollars (S9,000.00). 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 after receiving written authorization from AGENCY. Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained. 6. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in EXHIBIT "A." B. Delivery of work product: A copy of every technical memo and report prepared by CONSULTANT shall be submitted to the AGENCY to demonstrate progress toward completion of tasks. In the event AGENCY rejects or has comments on any such product. AGENCY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by AGENCY shall be deemed accepted. 2 ad1/00agree/GRC Assocs. 2;1500 C. The CONSULTANT shall submit to the AGENCY 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 the CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and completed. 5) For all payments include an estimate of the percentage of work Upon submission of any such invoice, if AGENCY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement. AGENCY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by AGENCY. Such approval shall not be unreasonably withheld. If the AGENCY does not approve an invoice, AGENCY shall notify CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in EXHIBIT "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by AGENCY shall be invoiced separately to the AGENCY. 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 AGENCY if the work performed is in accordance with the extra work or additional services requested, and if AGENCY 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. 3 adl/00agreeiGRC Assocs. 2/15%00 L 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to AGENCY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by AGENCY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the AGENCY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. INDEMNIFICATION AND HOLD HARMLESS CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless AGENCY, its officers and employees from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this Agreement by CONSULTANT, its officers or employees. 9. WORKERS' COMPENSATION CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless AGENCY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney fees and costs presented, brought or recovered against AGENCY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall obtain and furnish evidence to AGENCY of maintenance of statutory workers compensation insurance and employers liability in an amount of not less than 4 ad] 00agree:`GRC Assocs. Z/ 1 5/00 $100,000 bodily injury by accident, each occurrence, S100,000 bodily injury by disease, each employee, and $250,000 bodily injury by disease, policy limit. 10. INSURANCE In addition to the workers compensation insurance and CONSULTANT's covenant to indemnify AGENCY, CONSULTANT shall obtain and furnish to AGENCY the following insurance policies covering the PROJECT: A. General Liability Insurance A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than S1,000,000. Said policy shall name AGENCY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. B. Professional Liability Insurance. Unless waived by AGENCY in writing, CONSULTANT shall acquire a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than S500,000 per claim. A claims made policy shall be acceptable. 5 adV00a2_ree/GRC ASS005. ?115i00 11. CERTIFICATES OF INSURANCE; ADDITIONAL NSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; C. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior vwitten notice of AGENCY; D. and shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of AGENCY by CONSULTANT under the Agreement. AGENCY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. I DEPE\rDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its 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 services to be performed hereunder. 6 adU00agree/GRC Assocs_ 2/ 15/00 13. 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 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. 14. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of AGENCY. 15. 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. 16. 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. 17. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to AGENCY's Director of Public Works 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, addressed as follows. 7 adl/00agree!GRC Assocs. Zr15!00 u TO AGENCY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 18. IMMIGRATION TO CONSULTANT: Stephen A. Copenhaver 1340 Valley Vista rive, Suite 120 Diamond Bar, CA 91765 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. 19. 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 City Attorney is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 20. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 8 ad1100a¢ree?GRC Assocs. 2/15/00 21. ENTIRETY The foregoing, and EXHIBIT "A" attached hereto, set forth the entire Agreement between the parties. 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. GRC ASSOCIATES, INC., a California corporation sy: Steph A. Copen aver, President AND $y._ T)"-tom.; Vicki Copenhaver, Secretary INITIATED AND APPROVED: &I Director of Economic 15jvelopment REVIEWED AND APPROVED: Execu -e Director RE EVELOPMENT AGENC OF THE CITY OF HUNTINGT 'BEACH, a pub -c body, corporate a _ politic of the State o California £har>rnan ' �i�fcfo� D �cona�•c ?�EUI/�i�,7 APPROVED AS TO FORM: enc • ounsel 5- 8-06 I:7 ad1:00agre&GRC Assocs. 2/ 15/00 'JP��-2o-00 WEB i i : 45 GRC-WNHAVER, INC. FAX N0, 909#913 P. 02. Exhibit "A" January 25, 2000 ECONC.MIc DEVELOPMENT Mr. Gus Duran Housing and Redevelopment Manager City of Huntington Beach REDEVELOPMENT 2000 Main Street Huntington Beach, CA 92648 . REAL ESTATE CONSULTING - AFFCRDABLE i Gu5ING Re: Request for Proposals - Housing Development Cost Analysis Dear Mr. Duran: GRC is pleased to submit this proposal in response to the Request for Proposal dated January 13, 2000. The RFP outlines a very interesting problem where housing costs for market rate single-family homes is being compared to low- and moderate -income multi -family development. Frequently, housing development costs are misunderstood on small scale multi -family projects, particularly when the costs are compared with those of a production scale single-family housing tract. We would suggest that three categories of costs be considered. The three categories would be single-family housing tracts with homes generally of the size found in the Huntington Classics project, custom single-family home cost and the senior multi -family costs. These three categories would help differentiate the discussion of housing costs into meaningful categories. Proposed Scope of Work Analysis of these housing costs is difficult to discuss in public, because multi -family developers speak in terms of development costs, custom builders address just those categories of cost they are responsible for, which frequently does not include site preparation, utilities and most indirects, and production tract homes can obtain an efficiency level which cannot be approached by small scale developments. We believe that sufficient data can be gatheied to breakdown the costs into 1340 VALI-EY VISTA DRIVE fundamental elements where an accurate comparison of costs can be made and explained in a meaningful manner. SurrE 120 To accomplish this breakdown, GRC proposes to select two or three DA..mOND OAR, CA 91765 senior housing projects of different scales to compare with the costs r: i909y 39s-7714 and quality of the Bowen Court proposal.. We would utilize data from the projects we have worked on, interview the Huntington Beach F: (909] 396-7913 E: QresssJC@earfh!inkne! rnkl__ir__Oann 1 P. CZ1 nrao70cr701 -2 nn., V, jAN=26-00 WED 11:47 GRC-COPENHAVER, INC. FAX NO. 909, 7913 .t s ' Request for Proposals - Housing Development Cost Analysis January 25, 2000 Page 2 P. 03 developers and at least one other significant senior housing developer. Costs of single-family production costs will be secured from existing data, through approaching a few quality production developers and reviewing home prices in the area and backing into the construction costs. The third category will need to be determined through interviewing custom builders and small scale developers located in the general market area. The above data will be summarized in a Power Point presentaion suitable for review by the City Council. The goal will be to educate and demistify housing prices and to explain the principal variations between the three sets of building costs. The Power Point presentaion will include representative photos to communicate the types of projects and the categories of cost. The second category of tasks to be undertaken will be an analysis of the proposed Bowen Court senior housing project from the perspectives of project design, proforma analysis and the proposed financing structure of the project. This task will include a detailed analysis of the impact of tax credits on rent controlled projects by illustrating the sensitivity to rents and developer returns with and without tax credits. GRC's Background GRC has provided redevelopment housing and economic development consulting services to more than 50 municipalities and redevelopment agencies in California. We are very experienced in all facets of municipal finance, economic feasibility analysis and very familiar with redevelopment issues. GRC has prepared numerous redevelopment plans, market analyses and proformas, developed financial plans, and negotiated development agreements. GRC has also served as redevelopment advisor/economist for such cities as Brea, Corona, Orange, Lakewood, Rosemead, and Yorba Linda. Stephen Copenhaver will be the primary contact and will be responsible for assisting the City of Huntington Beach on all facets of the project. Mr. Copenhaver has over 30-years experience in real estatelredevelopment analysis. Proposed Budget With respect to the proposed budget, costs have been estimated on the basis of meeting time, analysis time and preparation of the .TAN-2b-2000 10:52 9093967913 97i P-03 jON-.•26-00 WED I1:4$ GRC-COPENHAVER, INC. FAX NO, 90939 7913 Request for Proposals - Housing Development Cost Analysis January 25, 2000 Page 3 P. 04 pesentation. It is difficult to estimate accurately the number of meetings, therefore, the prepared project budget illustrated below addresses the professional time required for analysis and meeting preparation. All meeting time with the City and developers will be billed in addition to the budget at our hourly rate of $135.00 per hour. The following table presents our proposed budget for the project. Proposed Budget Work Task Analysis of buildings costs Analysis of proposed senior project Power Point presentation Total* "Plus Meeting Time Hours. Total 30.00 $4,050.00 16.00 2,160.00 24.00 2,400.00 70.00 $8,610.00 We appreciate the opportunity to propose on this most interesting project, and we look forward to working with the City of Huntington Beach. Sincerely, Stephen A. Copenhaver President JAN-26-200e 10-53� 9093967913 9?% P.04 ; Nt-26-00 WED 11:45 GRC-Cl#NHAVER, INC. FAX NO, 9093�13 P. 01- GQC ASS4CIATr=S,1NC, Economic Development Redevelopment Real Estate Consulting Affordable Housing 1340 S. Valley Vista Drive Suite 120 Diamond Bar, CA 91765 Telephone: (909) 396-7714 Fax: (90A) 396-7013 �c-- axiMerrco DATE: TO: FROM CC: ((�J TIME: PHONE: FAX: 71YI JZ�r -sod 7 PHONE: (sag) 396-7714 FAX: (909) 396-7913 Number of pages Including cover sheet: hard Copy to Follow? Yes a No VeMaye: EXHIBIT H CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member. Economic Develo p ment/Gre g Brown 2. Date of Request: February 2, 2000 3. Name of ContractodPermittee: GRC Incorporated 4. Description of work to be performed: Written analysis of construction costs. Costs not to exceed S9000 (mine thousand) dollars. 5. Lenc, oContract. Minimum six months. 6. Type of Insurance Waiver or Modification Requested: Waiver of professional liability. No coverage for professional liability. (a) Limits: (b) Coverage: 7. Reason for Request for Waiver or Reduction of Limits: Consultant will be hired to analyze construction cost data and market conditions of single family and multifamily housing in the local market area. S. Identify the risks to the City if this request for waiver or modifications granted Department Head Signature: No risks seem probable. (This section to be completed by the Risk Manager) Recommendation: Approve Reny Risk Manager's ig+ature to (This section to be completed by the City Attorney) Recommendation: Approvey Deny City Attornev's Signature/Date I l Settlement Committee approvah{�skr s not equired for this waiver. If Settlement Committee approval is required, submit form to City Attorney's Office to be placed on the agenda. Recommendation: Approve Deny City Council approva ' [Dnot]uired for this waiver. If City Council approval is required, attach this form to the RCA after consideration bynient Committee. This insurance waiver [is] [is not] on City Council agenda. impWresoutionlinsreq/2/ 19/98 7 ~—�--•' -,aar�a CERTLFICAT QF"ILIABILITY - - - - -`- DATE (MVAX>YY) . iNS:UR C P IDDIf . _ . RDAs i . ..: - 02f02/Ofl PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Johns Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0589663 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . 0. Sax 660339 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW krcadia CA 91066 COMPANIES AFFORDING COVERAGE COMPANY A Travelers Indemnity Co of IL 2hone No. 626-445-7030 Fa�No. NSURED COMPANY B COMPANY GRC Associates, Inc. C 1340 Valley Vista Dr., Ste. 120 COMPANY Diamond Bar CA 91765 D OVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R : TYPE CF INSURANCE i POLICY NUMBER 1 POLICY EFFECTIVE DATE (MM/DDJYY) POLICY EXPIRATION DATE (MMIDO" I I LIMBS GENERAL LIABILITY GENERAL AGGREGATE I $ 2 , 0 0 0 , O00 PRODUCTS - COMPIGPAGG152,000,000 A X CON.MERCIALGENERAL LIABILITY I-660-456L6360-TIL-99 F 12/01/99 I 12/01/00 CLA:raS MADE I� OCCUR . I PERSONAL & ADV INJURY 5 EXCLUDED OCCU RRE^ICc 131,000,000 Imo—•! OWNER-S & CONTRACTOR'S PROT [EACH FIRE DAMAGE {Any cre I-:ej IS 100,000 i 4 y I} I MED EXP (Anyone Person) 5 5,000 AUTOMOBILE LABILITY I COMBINED SINGLE LIMIT S 1,000,000 A ANY AUTO 1-660-456L6360-TIL-99 12101/99 12/01/00 I BODILY INJURY 5 ALL OWNED AUTOS SCHEDULED AUTOS I -''� (Per person) }� BODILY INJURY S HIRED AUTOS ;- ��"-. "'7'. '.• ' }{ NON-OW4EDAUTOS accident) L PROPERTY DAMAGE 5 GARAGE LIABILTY - •,r psi AUTO ONLY - E4 ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO _ EACH ACCIDENT 5 1 I AGGREGATE �S EXCESS LIABILITY I I EACH OCCURRENCE 5 _ UMBRELLA FORM AGGREGATE TS OTHER THAN UMBRELLA FORM I I 15 WORKERS COMPENSATION AND WC I ORY LIMITS I ER EMPLOYERS EMPLLOYERS LIABILITY EL EACH ACCIDENT Is rOR/ ^"•.•- /^ ; : .. THEPROPR:ETOR! ^HEXCL -- - - _ - --.. _,-.-- _--. ,,. .. - -- -- ` --� - r '' EL DISEASE • POLICY LIMITOFFICERS PARPROPRE YE[NCL ARE: EL DISEASE - EA EMPLOYEE 5 t OTHER 1 ESCRIPTION OF OPERATIONSILOCATIONS VEHICLES!SPECIAL ITEMS r10 day notice of cancellation in the event of nonpayment of premium. The Cit of Huntington Beach, its aents officers and employees are named ks additional insured per the attac9ed C&T491 additional insured Indorsement. -ERTIFICATE HOLDER CANCELLATION . HUNT003 SHOULD ANY CF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY MAIL 30 * DAYS WRR¢EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT City of Huntington Beach Attn: Greg BrownM. 2000 Main Street Huntington Beach CA 92648 IZEOR ATIY� CORD 25-S (1/95) _i _�/ j _ - ACORD CORPORATION 19a�� COMMERCIAL GENERAL LIABILITY POLICY NUMBER: I-660-456L6360-TIL-99 ISSUE DATE: 1 2/01 /99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: city of Huntington Beach its agents, officers and employees Attn: Greg Brown 2000 Main Street Huntington Beach, CA 92648 WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your acts or omissions. CG T4 91 .11 83 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 001139 FED I�00 TUE 16 : 35 f� GRC-COPENHAVER, • INC. FAX N0, 9093967913 • P. 05 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises, while rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by any one person. The Limits of insurance of this Coverage Pan apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended af- ter issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit. a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) immediately send us copies of any de- mands, notices, summonses or legal pa- CC. ERCIAL GENERAL_ LIABILITY pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement or defense of the claim or "suit'; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, vol- untarily make a payment, assume any obiiga- tion, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us. No person or organization has aright under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur- ance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal repre- sentative. 4. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations i zi asry Insurance surance is primary except when b. be- low applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary_ Then, we will share with all that other insurance by the method described in c. below. CG 00 01 10 93 Copyright, Insurance Services Office, Inc., 1992 Paae 7 of 11 fU4 --00 'SUE 16:37 ORC-COPENHAVER, INC. FAX NO. 9093967913 P. 06 r • COMMERCIAL GENERAL LI, JTY b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contin- gent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) That is Fire insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Coverage A (Section 1). When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other in- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insur- ance would pay for the loss in the ab- sence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of insurance shown in the Declarations of "this Cdi&dge PdrT"- c. Method of Sharing If all of the other insurance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each in- surer's share is based on the ratio of its applicable limit of insurance to the total appli- cable limits of insurance of all insurers. 5. Premium Audit. a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit pre- miums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium compu- tation, and send us copies at such times as we may request. 6. Representations. By accepting this policy, you agree. a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon repre- sentations you made to us; and c. We have issued this policy in reliance upon S. 7. Separation Of Insureds. ect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies. a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim es made o'r` uit' is brought. - 8. Transfer Of Rights Of Recovery Against Oth- ers To Us. If the insured has rights to recover all or pars of any payment we have made under this Coverage Part, those rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. Page 8 of 11 Copyriqht, Insurance Services Office. Inc 19g7 rr_ nn ni ,n of INC FAX NO KB; 7-00 MON 10 12 GRC-COPENNAVER 1 J "Y r J [t � s 9093967913 P 02 C �-.1 ,.. r✓, �.,yL �� �f'��+f� ';p^yy�4�r� 9'''`➢4�`�.�Y.dP t �.«. �'� � ' °� � nl' e ��'et ti ` ^'��'�'L'tii� •r t+ � +ay-t � w}7 i+1+`t ��>�. �.� STATM PO BOXj4 08G 7 8RI�F�,4N COMPENSATION ' FUND. i'. � t ,ti. -\ \` L .� . rY tom✓ F � 'I { � Wwi.,�G}1 M � ' � ` GEFiT FI .� ,. I CASE b� V�IQf� (:Qi11,S�iNsIl7C'` ' .r r Kw �y 4tF ti"'a �+ NO �t;hril3UARY 3i 11aTI +� E " k .,� .� �� .,e \ Jft � ti '✓T�?�d RG A V7 at'cC'�'t� 6 � � ~�al� ». L Z k" � �a ..,,� +at ♦ f"` .` �"'� .ka .. c ✓" 'ti9` 'R' � yt, . � 1 CITY OF HUMIIiiebw Ak' _ _ > RISK MAH4B00& P14 AJt\l '-tiRtlim, �>� 2C\ O MAIM STRE& t HUNTINGTON 8i ACH CA- `9-6A 5 y. 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Y �, at lr y 1• } j 7 ' La + r 6y1? a a sf {t .k' S F ^�'Yt"+Lf�w'` L x ytF 'fr „�tcs r t, This is to Certify that we have issued g yaho 1�V�r( rs Uri peosaji;Z lbsylr t a pbli - 1�i ' V rrV of Qvod by thg Callfbroia„ Insurance Commisstonerto tfie empldLerQamed e(4,to tAe-Oof� peRricc m'diceie��" J�'4'x :✓ -t, .t y7 t~ y i" v. .F. ^ \.+s .y tt�v " w J f l 7.r ✓ ..,.�; This policy is not subject to cancellation by e'1 un21 �cCe t ppo�i day qco Wrl fen tptice to the employer 30 We will also give you ip daysfadva'r1cP, notiU' should thispQJrgy be c�npeife pn�r to'fts rrBtmal exgtratPoll This certificate of insurance is riot an tMsuranee Pondg acid does rldt AMegc$ edertcttrait tfti'�o+alj `a[ o(deo by the Policies listed herein Notwithstanciin j 8nV r�egwire7r�rl4 "#eTn1� or of�dltioti a �iract ix 01 6'r c�$Qument with respect to which this certificate of rnsur05�r may be"gS64 e, (pay RertirK'lt i i71'�n��af�bt€��d by th8 policies described herein is subJect to all the t rtns xr;Ju tons"aL,d dKltis� s 9f suet po"Tr&i�A "_ � �� » ; P _ t t c .'4 � T T r3� s' ifJ.� '�'� x+, sM �n�Y �..'p ."�`3'FC Yr�'� $`� ,t• .wJr a. F �' 3 .,r rr V r i, x Sr c 4►'� � ; ✓r� �`\ "Ow y4� r, �s� /•i ��i�''� i �` ✓ 1� y �, ' f G►IA + , 1 AUTHORIZED REPRESE Tiy&r+ • °i;, _ rJTA s PrESI61INT E 41 LOYER+S LIABE W L`If4f\i I1dCL, fblmN y� �>� t�yz` ►�/4j+ � �y r�J (y/,��ti/ rPa Y \,i L-��C Vf� , A F� k�.. .. e } ,;• - ,.'a off"Y'° ii s ' ti f ` is ,^ t ",+.µx`i � � .✓a' '"�'.,t r'' � �r {u',r ,.' EE{L�ORS> hFiIT ��55 ENTI'1i�11D CE1 T F'I�A7' OIAP.9,� M9'r.. 1 ,` 02/03/00 IS Al rACHLD M MOD t6RHS A P' RT Or -THIS, PQLI y."b. 7� � 41 A 7..-., .. -„-• r' '^� FiJ iM �` p ;,"'M S` rJ 4 y ✓A `�i.. ^�4. a v =+ r J-)✓ DL �d �l��.t( �Q37n& A i k Z � � �Si f X f >F n \ b ±�♦ q'9a^r-i . 1 �S .• +' is f, : f r 4» f� wail?..t -��� � i i ,r ..r � . ♦ �' Y4+.. rs§ C"`• ,.�«� f ,�i�y.+aw°••`Y "x; ✓c�►s++r•, ya'' 'ty'"ti.�, ,�. �rt4*'' f a h ,K ' 44 2ht 6y,i• tat J +«fir L 6qb +'Sc {� cc t >r r � �J'C `w `i GRC ASSOCIATES INC, y _ � 13+I0 VALLEY VIST�I ;E 2� x . H � - ~� f;%, : � � DIAMOND 9AR CA 91765 A.'` rY POLIMHOLDLiP1 S • 0 I. CITY OF HUNTINGTON BEACH Inter Department Communication TO: CONNIE BROCKWAY, City Clerk FROM: ARTHUR DE LA LOZA, Deputy City Attorney DATE: March 21, 2000 SUBJECT: GRC-AGENCY CONTRACT; RLS—00-253 David Biggs has requested that we provide a memo to the City Clerk confirming that the Ordinance Code allows a Department Head to enter into an under $20,000 Agency Agreement. (Emphasis in original RLS) Redevelopment Agency resolution No. 1 provides that "Except as otherwise provided by Community Redevelopment Law ... the rules of procedure for the City Council as set forth in the Charter of said City shall also apply to the City Council acting as the Redevelopment Agency insofar as such rules can be made applicable." Therefore since the City Council has authorized Department Heads to enter into contracts for City contracts, the same rules, "can be made applicable" to the contract procedure as well. Accordingly, if the contract under City Council procedures is permitted then it should likewise be permitted as an Agency contract. If you have any questions please let me know at extension 5620. ARTHUR DE LA LOZA Deputy City Attorney ladl c: Gail Hutton, City Attorney David Biggs, Director, Economic Development 0 . DEPARTMENTAL CHECKLIST 3 FOR TRANSMITTING $20,000 & UNDER AGREEMENTS TO THE CITY CLERK FOR OFFICIAL FILING 441 -� Yes No NIA Are all blanks filled in on agreement? 0 El Has contractor signed agreement? Are ail other signatures (e.g., City Attorney Approval As To Form) on agreement? Does agreement have Exhibits and/or Attachments? If Yes, Are Exhibits/Attachments marked? Are Exhibits/Attachments attached? Yes No N/A X I El El Is Insurance required? If Yes, 0 Is Insurance attached? Is Insurance Approved As To Form by City Attorney If waived, is Settlement Committee approval attached? El If waived, has agreement been initialed by contractor or revised to remove insurance requirement from text of agreement? Yes I No N/A If this agreement requires documentation to be on file regarding Requests for RFPs, have you attached this documentation (see Page 1 of agreement to determine if this requirement applies)? Please complete the section below so the City Clerk's Office can enter your agreement on the computer so that it is retrievable by keyword search (termination date is required for Clerk's computer program to flag for microfilming/destruction purposes). Description of Agreement (Purpose) (such as Perform Soil Analysis Waterfront Hilton/PC H/Atlanta): Redevelopment A enc V of the City of Huntington Beach and GRC and Associates Professional Services Agreement for Consulting Services for Housing Development Cost Analysis Termination Date: 3/25/2000 Note: Two additional consultants were contacted for proposals. Both declined to submit. The consultants were: Keyser Marston Assoc., Kathe Head, 213/622-8095 and Sedway Group, Terry Margerum, 415/ 781-8900 g:Mformslagrmts S 0 a DEPARTMENTAL CEfECKLIs - -'FOR w T'RAMWT— ING.$20,.000 t SUN_ DER AG 'TO THE OTY'CLERK FOR OFFICIA, r S r - ►LING - - - Yes No , N/A ❑ ❑ Are all blanks filled in on agreement? 11 1 ❑ Has contractor signed agreement? [] [] Are all other signatures (e.g., City Attorney Approval As To Form) on a regiment? [] Does agreement have Exhibits and/or Attachments? If Yes, El Are Exhibits/Attachments marked? �] Are Exhibits/Attachments attached? TJ-P_G5�L Or--0 +- 4-1;4 5.7z,�clule 00ck. Yes No ! N/A ❑ ❑ [] is Insurance required? If Yes, [] Is Insurance attached? 11 Is Insurance Approved As To Form by City Attorney 11 If waived, is Settlement Committee approval attached? 0 If waived, has agreement been initialed by contractor or revised to remove insurance requirement from text of agreement? Yes No N/A (] if this agreement requires documentation to be on file regarding Requests for RFPs, have you attached this documentation (see Page 1 of agreement to determine if this requirement applies)? Please complete the section below so the City Clerk's Office can enter your agreement on the computer so that it is retrievable by keyword search (termination date is required for Clerk's / computer program to flag for microfilmingidestruct/ion purposes). �- L ?1 eA-T t U BSc r � �� CC r< g tn� �i •� 5 U c:.J Q 1'n � y+ ,, Ic-a c+- Gf' $.S c r .,,A u�— Ga►.,%�"G ,_, Description o1reement (Purpose) (such as Perform Soil Analysis Waterfront Hilton]PCHiAtlanta): a� Termination Date: At't� /n4,,0 /,C� j -)G.,DDO a