HomeMy WebLinkAboutHOWARD P. SHELTON, INC - 1986-10-06 CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATIO
HUNIINGION BEACH
To INSURANCE & BENE^ITS From ARTHUR DE LA LOZA
Deputy City Attorney
Subject HOWARD P. SHELTON, INC. Pate May 4, 1987
Please advise if the cancellation clause in the attached
ce..tificate re: the above has been amended per the require-
ments of AR-214. If not, kindly process.
A.DL:Ds
Attachment
cc: City Clerk
Redevelonment
;-tifi-cate of Insurancqft
COMPANIES AFFORDING COVERAGES
ARCAL INSURANCE SERvICES, INC.
1450 E. 17TH STREET, SUITE 200 11N-LT-F-7—
SANTA ANP, CA 92701 _
HOWARD P. INC. & JOHN MARTIN—Hf RVEY t• -
17291 IRVINE BLVD. , SUITE 314
TUST I N, CA 9268C t —
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THE INSURER A6RE lY MOFF MH N I i Nb I LIN et IT.S, CITY COUNCIL,
AN/OR At CITY COUNCIL APPOINTED GROUPS, COMMITTEES COMMISSIONS, BOARDS AND ANY
OTHER C, COUNCIL APPOINTED BODY, AN/OR ELECTIVE & APOINTIVE OFFICERS SERVANTS
OR EMPLOYEES OF THE CITY OF HUNTINGTON BEACH, WHEN ACTING AS SUCH ARE
�SUR-DE FOR THE ACTS OF THE INGII ED _
C.ance!lation/Soc.a r ^r aoo. . De: ,;C _ -. 0- eC
EXCEPT FOR NON—PAYMENT OF PREMIUM WHICH PROVIDES 10 D,'aYS NOTICE.
T. 01/20/87 kmg
ATTN: CONNIE BROCKWA , CITY CLEARKS OFF"IC � r� %,---
CITY OF HUNTINGTON BEACH 1'_!
20t1t� MAIN STREET '(e,y
HUN-IPGTON BEACH, CA 92648 KARL;: GENEL, ACCOUNT ASSISTANT
J� a CITY OF HUNVINGTON BEACH
/. INTER-DEPARTMENT COMMUNICATLO �
! HUNTINGTCN VACH
N 644•, ��
TO INSURANCE & BENEFITS From ARTHUR DE LA LOZA
Deputy City Attorney
Subject HOWARD Y. SHELTON, INC. Cate May 4, 1987
Please advise if the cancellation clause in the attached
certi-icate re: the above has been amended per the require-
ments of AR•-214. If not, kindly process.
ADL:ps
Attachment
cc: City Clerk
Redevelopment
1
i
lf�lGate of Insuran�. ': .v -. ..�r-".,s'.-Lr �n� ca •. .,o. .
® '® b• THIS CER F'CA'E S ISSc' MAT ER ',F'NF"'RMATi :r''v,Y ANC^;NFERS N S UPON THE CE�CATE�HOLDE
TH'S L'ERTIF.CATE DOES NO .eNO E EN.^. _'R ALTER THE�J'+ERAi5E AFFORDED E POUCIESLISTE 9E
NAME j`wJGRES$v'�Ai•'N ." •� " }: - + .,A: COMPANIES AFFORDING*-COVERAGES
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Limits o ra 111ty in Thousands
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REQUEST F® EDEVELC)F MENT NCY A07'10N
APPROVED BY CL;'Y G0UN(;1.
RH 86-60
f ate August 22, 1986
' CITY CLERK
Submitted to: Honorable Chairman and Redevelopment Agency mbers
Submitted by: Charles W. Thompson, Chief Ex,cutive Officer W-
Prepared by: Douglas N. LaBelle, Deputy City Administrator/Redevelopm
Subject: SELECTION AND CONTRACT APPROVAL - FIXTURES AND EQUIPMENT
APPRAISER
Consistent with Council Polity? Yes [ J New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachm—ts. yn
STATEMENT OF ISSUE:
As part of the process of acquisition and relocation within the Main-Pier
Redeveiopme,ii Project Area, it will be necessary from time to time to employ the
specialized services of a fixtures and equipment appraiser. Anticipating this need staff
recommends approval of the attached contract for such services.
RECOMMENDATION:
Approve and authorize the Agency Clerk to execute the attached contract between the
Redevelopment Agency and Howard Shelton & Associates to provide fixtures and
equipment appraisal services for a not-to-exceed amount of $7,500 without the
requirement for Errors and Ommissions Insurance.
ANALYSIS:
As the implemer*ation of the Main-Pier Redevelopment Project Area mo-es for.vard, it
will be necessary ; )r the Redevelonment Agency to acquire certain real oroperty within
the project area. Of most immediate interest in this regard is acquisition of parcels to
accommodate the construct;, of the first parking garage within the downtown area.
After property is appraised, but hefore the full extent of cvlocation benefits may be
determined, it is sometimes necessary to employ the specialized skills of a .fixtures and
equipment appraiser. While a real estate appraiser w_fl provide a determination of
value for the !-and and building improvements, often the contents of a building (usually a
commercial or industrial use) require the services of an appraiser specializing ir. this
type of evaluation.
In anticipation of this need, staff investigated the availability of these services within
the region and conducted interviews v,ith throe (3) firms providing such services on
Monday, July 21, 986 (a matrix summarizing the characteristics of the three firms
interviewed is attached). Due to tl,e small amount of this contract and the
unavailability of Errors and Ommissions Insurance, approval of this contract is
recommended without such coverage.
The determination of value made by a fixtures and equipment appraiser, when coupled
with the determin-tion of value with a real estate appraiser, will determine the full
compensation due to property owners. In addition, of course, predicated upon state and
federal laws that may pec+ain, any such husiness owner may also be eligible for
relocation benefits as well (the Redevelol , nt Agency has previously contracted with '
the firm of Pacific Relocation to provide these services). ,.
P10111/85
RH 86--60
August 22, i986
Page Two
Based on the outcome of the interviews, the Statement of Qualifications submitted by
each firm, and an investigation of references for each firm and fees quoted, staff is
forwarding the above recommendation at this time.
ALTERNATIVE ACTIONS:
1. Do not approves the attached contrac..
2. Request selectico of an alternate firm.
FUNDING SOURCE:
The Redevelopment Agency budget. Proceeds of Certificates of Participation to
provide for parking garage costs.
ATTACHMEN-S:
i. Summary of Fixtures and Equipment appraisers.
2. Interview questions.
3. Contract.
CWT/DLB/SVK:sar
2727h
SUMMARY
FTXTURES AND EQUIPMENT APPRAISERS ,
July 25, 1986
TIME TO
IN BUSINESS STAFF COMPLETE, COMPENSATION HOURLY
Metropolitan Assoc. 19 years 5 appraisers 30-60 days Contract w/NTE; $80/hr.
Fountain Valley 6 production est. each parcel
bill against est. (rtTE $�,00e)
Howard Shelton & 18 years 3 appraisers 21 days Contract w/NTE; $650/day
Assoc. plus support est. each bldg. & (NTE $2,000)
Tustin nst. r-comes fee.
Gil Strange & Co. 17 years 2 appraisers 30-45 days Est. each occupancy NA
Los Angeles Flat fee
Las Vegas (est. $800-850 for a
sm. commercial bldg. )
CITY OF HUNTINGTON BEACH
REDEVELOPMENT STAFF INTERVIEWS
OF ACQUISITION CONSULTANTS AND FIXTURES
AND EQUIPMENT APPRAISERS
July 21, 1986
ACQUISITION CONSULTANTS:
- Please review your firm's role in the acquisition of property; please distinguish
between willing seller acquisition-, --*iliient domain proceedings.
- Please describe your firm's erience in acquisition; nature and scope of
services provided. What siL Land use types have been the subject of your
firm's acquisition activities?
- Please review your firm's method of compensation (per ca-e fee or hourly) and can
you provide an "average" cost for your services per acquisition.
- Please provide at le-,c three (3) recent re -: mces (name and phone number of a
public agency contact.
FIXTURES AND EQUIPMENT APPRAISERS:
- Please review the role of your firm in assisting Redevelopment Agencies to acquire
grope rty.
- Please describe the nature and scope of the services which your firm provides.
•- Please identify the most common land use types for which your services are required.
- Please discuss the nature of compensation for your firm (flat rate per case or hourly
paym ent�).
- Plc-%3e indicate as "average"cost for your firni's Services on 3 per case_ basis,
- Please provide at least three (3) references of contact persons at public agency's
whore we might contact.
2698h
Ve Z
APPRAISAL CONSULTANT SERVICES AGREEMENT 13ETWEEN THE
^REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH,
AND HOWARD P. SHELTON, INC. , FOR THE PURPOSE OF
APPRAISING FIXTURES AND EQUIPMENT
THIS AGREEMENT, made and entered into this day
of , 19_, by and between the Redevelopment
Agency of the CITY OF HUNTINGTON LEACH, hereinafter referred to as
"AGENCY, " AND HOWARD P. SHELTON, INC. , hereinafter referred to as
"CONSULTANT.. "
WHEREAS, AGENCY uesires to engage the services of an appraisal
consultant to determine the value of fixtures and equipment, and
other real estate related matters, as may be required by the
Agency for various projects.
WHEREAS, Consultant has had experience in acquisition
appraisals of fixtures and equipment and other real estate matters
in connection with other property acquisition projects in the City
of Huntington Beach; and
CONSULTANT has been selected to perform said services.
NOW, THEREFORE,, it is agreed by AGENCY and CONSULTANT as
f0 1 .O _ .
1 . WORK STATEMENT
CONSULTANT shall provide fixtures and equipment appraisal
services as described in the SCOPE OF SERVICES (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 "SERVICES.
1
CONSULTANT hereby designates HOWARD P . SHELTON, who
shall represent t 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 prosecution of this Agreement.
3 . TIME OF PERFORMANCE,
The services of the CONSULTANT are to commence upon
execution of this Agreement and shall continue for a period of
one (1) year from the date of this Agreement. This Agreement
may be extended by inutual agreement of the parties.
4 . COMPENSATION
In consideration of the performance of the cotiact
services described in Section 1 above, AGENCY agrees to pay
CONSULTANT a fee as stated in Exhibit B. However, the fee paid
pursuant to Exhibit B shall not exceed the sum of $7,500,
without prior approval of the AGENCY.
5. EXTRA WORK
In the event of authorization, in writing by the
AGENCY, of changes from the work described in Exhibit "A", or
for other written permission authorizing additional work not
contemplated herein, additional compensation shall be allowed
for such Extra Work, sc long as the prior written approval of
AGENCY is obtained.
METHOD OF PAYMENT
A. CONSULTANT shall be entitled to monthly payments
for services rendered in accordance with Exhibit B.
2.
B. The CONSULTANT shall submit to the AGENCY an
invoice for each monthly 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 provi-
sions of this Agreement; and
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 payment 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 pursuant to
Section 12 hereof.
C. Any billings for extra work or additional services
authorized by the AGENCY shall be invoiced separately to the
AGENCY. Such invoice shall contain all of the information
required under paragraph 6.8, and in addition shall list the
hours expended and hourly rate charged for such time. Such
invoices shall be approved by AGENCY if the tiork performed is -a
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 b°..!
unreasonably witnheld. 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 .
Am
7. DISPOSIT OF .'IOCUMENTS
CONSULTANT agrees that all materials prepared here-
under , including all reports, both field and office notes,
calculations, maps and other documf:nts, 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 P110JECT or as it otherwise sees tit. 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 SERVICES, whichever is
applicable. CONSULTANT shall be entitled to retain copies of
all data prepared hereunder.
6. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONSULTANT hereby agrees to defend, indemnify and hold
harmless AGENCY, its officers , agents and employees, from and
against any and all liability, damages, costs, losses, claims
and expenses, however caused, resulting directly or indirectly
from or connected with CONSULTANT'S performance of this Agree-
ment (including, but not limited to such liability, costs,
damagt, loss, claim, or expense arising from the death or injury
to an agent or employee of CONSULTANT, subcontractor , if any, or
AGENCY, or damage to the property of CONSULTANT, subcontractor,
if any, or AGENCY, or the property of any agent or employee of
CONSULTANT, subcontractor, if any, or AGENCY) , regardless of the
passive or active negligence of AGENCY, except where such
liability, damages, costs, losses, claims or expenses are caused
by the sole negligence or —llful misconduct of AGENCY or any of
its agents or employees including negligent omission or
commissions of AGENCY, it agents or employees, in connection
with the general supervis.Lon or direction of the work to bz
performed hereunder.
4 .
9. WORKERS' COMPENSATION
CONSULTANT shall comply wit., al-. of the provisions of
the Workers ' Coi,Densation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and b 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 a21
claims, demands, payments, suits, actions, proceedings and
judgments of every natire and description, including attorney's
fees and costs presented, brought or r,�covared ag ii,st AGENCY,
for or on account cf any liability under any of said acts which
may be incurrea by reason of any work to be performed by
CONSULTANT under this Agreement .
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 i:ianility Insuranc _. A policy of g,.neral
public li&bility insurance, including ...,)tor vehicle
coverage . Said policy shall ind:�mnify 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, ari
shall provide coverage in not less than the following
amount: combined single limier bodily injury or
property damage of $1,000, 000 p,-r occurrence. Sazd
policy shall name AGENCY, its officers, agents and
employees as Additional !.:sureds, and shall
specifically provid- 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.
5.
Certificates of Insurance for said policies shall be
approved in writing by the Agency Counsel prior to the commence-
ment of any work hereunder . All. Certificates of Insurance (and
the policies or insurance or endorsements thereof) shall provide
that any such Certificates and policies shall not be cancelled
or medifiee, without thirty (30) days ' prior wr' tten notice to
AGENCY.
11 . INDEPENDENT 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 expenue, and be responsible for
any and all payments 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 .
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 PROJECT is fully complete. Any terming,,ion of
this Agreement by AGENCY shall oe made in writing through the
Deputy City Administrator/Redevelopment, notices of which shall
be delivered to CONSULTANT as provided in uection 16 herein.
13. ASEIGNMENT 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.
14. COPYRIGHTS/PATENTS
CONSULTANT shall not ap, ly for a patent or copyright on
any, item or material produred as a result of this Agreement, as
set forth in 41 CFR 1-9.1.
:R 4
6. ",
15. AGENCY EMPLOYEES AND OFFICIALS
CONSULTANT shall not employ any 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 California
Government Code Sections 1090 et ;,eq.
16. NOTICES
Any notices 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
Sectiun 1 hereinabove) or to CHIEF EXECUTIVE OFFICER OF
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, as the
situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and .Jepositii.g the same in the United
States Postal Services, addressed as follows:
7.
r
TO AGENCY: TO CONSULTANT:
Mr. Charles W. Thompson Mr. Howard P. Shelton, Inc.
Chief E-recutive Officer 17291 Irvine Boulevard, , #314
City of Huntington Beach Tustin, California 92680
2000 Main Street
Huntington Beach, CA 92648
17. ENTIRETY
The foregoing, and E.chibit "A" and "B, " attached
hereto, get forth the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and tnrough their authorized
Nfficers the day, month and year first above written.
CONSULTANT: REDEVELOPMENT AGENCY
CITY OF HUNpal INGTONtorpor BEACH,
A municipal corporation
n G of the State of California
U a -.
A sole proprietor Chairperson
�}0 W A-2-D P.
name, title
ATTEST: APPROVED AS TO FORM:
71z,r
i
Agency Clerk Age y oun�rel Ca.,
Aik
AIT6IA ;DAND APPROV
De u• y City Administrator/-
Redevelopment
APPROVED:
Chief Executive Offi r
9,
WIG
ai
TUP
EXHIBIT A
SCOPE OF SERVICES
To provide fixtures and equipment appraisal services the consultant proposes to provide
the following Scope of Seraices.
1. The Consultant will meet with the owner of properties to be acquired on the
premises to be acquired in order to inventory the fixtures and equipment
present and for which the owner may be compensated. Said fixtures and r
equipment may include, but shall not be limited to:
a) Tenant Improvements
b) Power Wiring
c) Machinery
d) Miscellaneous Plant Equipment
e) Office Furniture/Equipment
f) Signs
2. The Consultant will prepare a list of all fixtures and equipment fou
premises.
3. The Consultant will provide a value for each item included in the in
in three (3) ways:
a) Replacement Cost New
b) Value in Place
c) Salvage Value
4. Consultant will provide the information accumulated through the above
steps to the Agency in a neatly, type-written report.
i
ANN. Alkh
EXHIBIT E
METHOD OF COMPENSATION
Consultant agrees to be compensated in the following manner and in the following amount:
1. Compensation will not exceed $7,500.
2. Compensation will be in the form of a single payment at the completion of
the work.
I
0534H