Loading...
HomeMy WebLinkAboutJOHN S. ADAMS & ASSOC - 2002-06-21Su i>y� Contracts Checklist for Submittal to ►, City Clerk's Office i '\Hunt i,,V Knch* (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x5404 1. Name of Contractor: JOHN S. ADAMS AND ASSOCIATES 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park APPRAISAL SERVICES FOR MCDONNELL CENTRE BUSINESS PARK (BOEING REALTY CORP.) 3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your department if the file is ready to inactivate 08/31 /02 4. Amount of Contract: $13,500.00 A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewallamendment/etc)? ✓ YES ❑ NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? ❑ YES ✓ NIA OR Is the attached contract a SOLE SOURCE? ✓ YES ❑ N/A C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? ✓ YES PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY: Christy Teague x5088 Name/Extension Economic Development Department 9/11 /02 Date g:fforms/city clerk contract checklist.doc SU 1 p ' Hun Beac�� PROFESSIONAL SERVICE, CONTRACTS PURCHASING CERTIFICATION 1. Requested by: Ck ri S 4 j We 2. Date: 7 - 2q —0 2 �cor► om i c. ��e r'o� v✓� P�✓t-i� X So88 3. Name of consultant: Jokvi S. dlA,w� s 9- �sso��a4cs� l �c 4. Description of work to be performed: A eer-A ► s'a, l W DO~-ve-ll Cp s $vsine5s %tea/K Comv►n vvi �zcGi l �7�s 5. Amount of the contract: 6. Are sufficient funds available to fund this contract?' [V]'Yes, ❑ No 7. Company number and object code where funds are budgeted: 3 o5 8o i . to q 3 &57 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? R Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' [v]'Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? [-Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). A4(ZLe „eA - rive- pv-v fora-t is rem, ✓ed . 12. Attach proposed scope of work. A-+gao(/1ed 13. Attach proposed payment schedule. A44- .G�ie-� - F-) ►.k oi4 8 of God-ra�- RIC.IARD AVADRIL, Manager Purchasinci/ entral Services '��► �r -o� - i s pa. f al 0 0+ o f v4J s p my �A-e� b y 130 e,l�vll 4v Cover lf�XPe4-) scs �v �/Icl]v►•► ✓� �l 1 �► � NVVw t, v1 i a� Lb 15+Y- G c - qps l +cc4 4- D C�� a c� ✓� }-- ' If the answer to any these questions is "No," the contract will require approval from the City Council. Purchasing Certification 7/30/2002 2:16 PM �� ���p .���N l 2 ] 4 5 d 7 0 9 lO ll 12 13 14 15 16 17 lN 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table ofContents ScopeofServices ..................................................................................................... l CityStaff Assistance ................................................................................................ 2 Term; Time ofPerformance ................................................................... ................. 2 Compensation --._-------------------------------..2 ExtraWork ............................................................................................................... 2 Method of Payment -------------------..-------------3 Disposition of Plans, Estimates and Other Documents ---------...----.3 HoldHarmless ......................................................................................................... 3 Professional Liability loonraoun------------------------.—'4 Certificate ofInsurance ............................................................................................ 5 Independent Contractor ............................................................................................ 0 Termination of Agreement -----------------------------0 Assignment and Delegation ----------------------------'M -------------'---------.----------7 City Employees and Officials .................................................................................. Notices.......................................................................................... 7 Consent..................................................................................................................... 8 Muddfiuodou............................................................................................................. 0 Qecduu Headings ...................Interpretation .................................... of this Agreement --------------------------8 DuplicateOriginal ...................................................................................................'9 Immigration ..........................................'................................''.................................''q Legal Services Subcontracting Prohibited ................................................................ 9 Fees........................................................................................................... lO Survival..................................................................................................................... l0 GoverningLaw ......................................................................................................... lO Entirety ------,------------------.--------------l0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Joki S. Ada wKsg- /�s�v�a-l�s* I oe FOR S''rv/ r &e�^s..Pre o/4in,�I (C��f�� t Cj eie ss Pa�K CovnW�Urll�(-..J! Hey 4JftJ1' I VI THIS AGREEMENT ("Agreement") is made and entered into this ZI , day of 1rane_ , 20 02, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Jv4o S: Ada wir q- 4-SSd s , a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to f2rv✓i1Ae- AgWA isa j �ry�`��� ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A" which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Jolt vt. /- darn s who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profservl0/15/01 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on Ah&32,V02.,, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than AiA A jA6} .'►, ► , Zao Z , from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees .to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," a fee, including all costs and expenses, not to exceed �H,V4ee- , 4014 ad &e. kyeidied Dollars ($ /3, 5700 .,go )• 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/forms/profserv10/15/01 .2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings,. designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected- or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any .kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY agree/forms/profsery 10/ 15101 3 • 0 shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible'. or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting agree/forms/profsery 10/ 15/01 4 • 0 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/forms/profserv10/15/01 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 CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing; notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/forms/profserv10/15101 6 • G 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Djeiid e2iei4 S 2000 Main Street Huntington Beach, CA 92648 agree/forms/profserv10/15/01 7 TO CONSULTANT: 51 o o 8; refer s+ree-4 LeW00%1' 66;oEch CA f Z660 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do riot 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. agree/forms/profsery 10/ 15101 8 Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been . prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/forms/profsery 10/ 15101 9 9 0 24. ATTORNEY'S FEES Except as expressly set forth in Section 8 of this Agreement, 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 non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior agree/forms/profsery 10/ 15101 10 • understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, By: Of�/U r print name ITS: (circle one) ChairmaltnEgo>e President AND M print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer agree/forms/profsery 10/ 15101 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director of E��N ev,•� G De✓2Jvon�ey�- (Pursuant To HBMC §3.03.10 ) APPROVED AS TO FORM: RIC c^ City Attorney REVIEWED AND APPROVED: City Administrator (only for contracts over $50, 000.00) 9 EXHIBIT "A" 0 A. STATEMENT OF WORK: (Narrative of work to be performed) Jokv7 S. Assoc4o4e v kvI-I'! l vv►,piz+C Asef f'-Gor► +I�c6i MS-TrAAAT"S B. CODUTIES/AND RESPONSIBILITIES: 1. p,�o ►rd e p rd�ess �v,�ta 1 I��o�� o •� �As� s s-1� col a loo vex work. . 11V 444 COMM VA � � �-tr ai � � e.s jj � s+rr�-� -�-ca-v►� ; � �O la c c . 2. doilPIe4e, stI60,14 civ►c� aPPra�sai regal+ � f'k-e. C1nDi /Itfi}' ✓a I N e Pro per" 4 v (oe. ewri vey.e.4 to y 6d�ml kc -f -.e C C. CITY'S DUTIES AND RESPONSIBILITIES: 1. PrVV i dG mA-e►-ia-(sj of vrrviA-f -i 0✓ 4-D Gw►sK H7L4-v4- L S r f v,etd 60,"p) 46 his vvo✓k. (PKb�;�Wo✓�s ,�P},) 2. Pal -fir- t5e�✓ 6 G S �`� yea sa✓�a to I e -I-vn . ( EGA',,,, b ra I opV14trri- bq+ D. WORK PROGRAM/PROJECT SCHEDULE: 0A bt f P rv-,e-,01 o f 41.,x u s �o rrhra '� tro✓ 1 de Se vev f ees s ju r uk Lij ok s P a b I e jK�y�o2. jmp/contracts group/exA/6/20/02 • 0 Exhibit "B" Method of Payment Fee of $13,500 due within 30 days of receipt of Appraisal Report, expected immediately upon completion of this contract. Appraisal report must be accepted by City of Huntington Beach Director of Economic Development, David Biggs, and a representative of Boeing Realty Corporation. Date Issued: Policy Number: --Ovious Policy Number: 03/26/2002 LIU002857-001 REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY Liberty_ Insurance Underwriters Inc_ 61 Broadway, 32nd Floor New York, NY 10006 Item THIS IS A CLAIMS MADE AND REPORTED POLICY. PLEASE READ IT CAREFULLY. LIBERTY INSURANCE UNDERWRITERS, INC. (herein called "the Company") DECLARATIONS 1. Customer ID: 102660 Named Insured: ADAMS, JOHN S. & ASSOCIATES, INC. John S. Adams, MAI 5100 Birch St., Second Floor Newport Beach, CA 92660 AppROVED AS TO F01M: 2. Policy Period: GALL HUTTON, City Attorney From: 04/01/2002 To: 04/01/2003 B : DepiltyXty.Attorry %// 3 / o 12:01 A.M. Standard Time at the address stated in ,t� / Item 1. Ali ell V"( %r . 3. Deductible: $1,000.00 Each Claim 4. Retroactive Date: 04/01/1988 S. Inception Date: 04/01/2002 6. Limits of Liability: The Limit of Liability for Each Claim and in A. $1,000,000.00 Each Claim the Aggregate is reduced by Damages and B. $1,000,000.00 Aggregate Claims Expenses as defined in the Policy. 7. Mail All Notices to Agent: Liability Insurance Administrators 1600 Anacapa Street Santa Barbara, California 93101 (805) 963-6624; Fax: (805) 962-0652 8. Annual Premium: $1,917.00 9. Number of Appraisers: 2 10. Forms attached at issue: LIA002 (07/01) LIA012 (07/01) LIA013 (07/01) LIA024 (07/01) This Declarations Page together with the completed and signed Policy Application including all attachments and exhibits thereto, and the Real Estate Appraisers Professional Liabilit • Insurance Policy shall constitute e c ntract between the Named Insured and the Company. By _IA001 (07/01) Authorized Signature Ln N 0 0 . 5 This Spectrum Policy co sts of the Declarations, Coverage Forms, Co on Policy Conditions and any 01 other Forms and Endorsebits issued to be a part of the Policy. This insf ice is provided by the insurance AI company of The Hartford Insurance Group shown below. SBA INSURER: HARTFORD CASUALTY INSURANCE COMPANY HARTFORD PLAZA, HARTFORD, CT 06115 COMPANY CODE: 3 Policy Number: 01 SBA A10175 DW SPECTRUM POLICY DECLARATIONS ORIGINAL THE HARTFORD Named Insured and Mailing Address: JOHN ADAMS & ASSOCIATES INC (No., Street, Town, State, Zip Code) 5100 BIRCH STREET NEWPORT BEACH CA 92660 Policy Period: From 12 / 12 / 01 To 12 / 12 / 0 2 1 YEAR 12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in Maine, Michigan, New Hampshire, North Carolina. Name of Agent/Broker: NORTHEAST AGENCIES INC/SCIC Code: 210500 Previous Policy Number: NEW Named Insured is: CORPORATION Audit Period: NON-AUDITABLE Type of Property Coverage: SPECIAL Insurance Provided: In return for the payment of the premium and subject to all of the termsof this policy, we agree with you to provide insurance as stated in this policy. TOTAL ANNUAL PREMIUM IS: $500 MP Countersigned by (2 12 / 19 / 01 Authorized Representative Date Form SS 00 02 1193 T Printed in U.S.A. (NS) Page 001 ( CONTINUED ON NEXT PAGE) Process Date: 12 / 19 / 01 Policy Expiration Date: 12 / 12 / 0 2 INSURED COPY SPECTRUM POLICY DECLAIPATIONS (Continued) POLICY NUMBER: 01 SBA AI0175 Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location: 001 Building: 001 5100 BIRCH STREET NEWPORT BEACH CA 92660 Description of Business: INSPECTION & APPRAISAL Deductible: $ 2 5 0 PER OCCURRENCE BUILDING AND BUSINESS PERSONAL PROPERTY BUILDING BUSINESS PERSONAL PROPERTY REPLACEMENT COST PERSONAL PROPERTY OF OTHERS REPLACEMENT COST MONEY AND SECURITIES INSIDE THE PREMISES OUTSIDE THE PREMISES LIMITS OF INSURANCE NO COVERAGE $ 25,000 NO COVERAGE $ 10,000 $ 5,000 Qq 0 lzO„ Form SS 00 02 1193 T Printed in U.S.A. (NS) Process Date: 12 / 19 / 01 Page 002 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 12 / 12 / 02 SPECTRUM POLICY DECLA*IONS (Continued) POLICY NUMBER: 01 SBA AI0175 BUSINESS LIABILITY LIABILITY AND MEDICAL EXPENSES .MEDICAL EXPENSES - ANY ONE PERSON PERSONAL AND ADVERTISING INJURY DAMAGES TO PREMISES RENTED TO YOU ANY ONE PREMISES AGGREGATE LIMITS PRODUCTS -COMPLETED OPERATIONS GENERAL AGGREGATE LIMITS OF INSURANCE $ 500,000 $ 10,000 $ 500,000 $ 300,000 $1,000,000 $1,000,000 Form SS 00 02 11 93 T Printed in U.S.A. (NS) Process Date: 12 / 19 / 01 Page005 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 12 / 12 / 0 2 APPRAISAL SUBMITTAL COMPARISON Jim Harris, MAI Qualification Cost Availability Comments Harris Realty Appraisal 5100 Birch Street, Suite 200 Newport Beach, CA. 92660 Yes $11,500 Yes-40 days Comprehensive proposal Phone: 949.851.1227 FAX: 949.851.2055 Bruce Hull, MAI Bruce W. Hull & Associates, Inc. Yes $25,000 Yes-30 days Most comprehensive proposal, most expensive 13700 Alton Parkway, Suite 154 e, CA. 92618 none: 949.581.2194 FAX: 949.581.2198 James Netzer ?-$7,500 Yes-30 days Least direct experience, 50% requested as retainer ASAP Netzer & Associates 3901 Westerly Place, Ste. 201 Newport Beach, CA 92660 Phone 949.263.8954 Fax 949.263.1954 Barbara Zachry Yes $14,000 Yes-6 wks 50% pmt. @delivery, balance@completion Donahue& Co., Inc. 0^^ Corporate Plaza, Ste. 160 - port' Beach, CA 92660 Phone 949.760-3166 bzachry()-donahueco.com John Adams John S. Adams & Associates, Inc. Yes $12,000 Yes Referred by Boeing, Pmt in full upon report delivery 5100 Birch St. Newport Beach, CA 92660 Phone 949.833-1972 oPe e Word. ea56 ' Ioe64 RFP it is necessary that the Appraisal Consultant be available to conduct this work- in a timely manner. TIME IS OF THE ESSENCE ON THIS PROJECT. THE CITY OF HUNTINGTON BEACH Huntington Beach was incorporated in 1909. It is a coastal city in northwest Orange County with a population of approximately 200,000, the third largest city in the county. The city's government is headed by an elected seven -member city council -that elects a mayor annually from amongst its membership. The City Administrator serves as the Chief Executive Officer of the Municipal Corporation. The City is principally developed with residential uses with commercial concentrations at the Edinger corridor, Beach Boulevard corridor and the downtown. Much of the city is developed, with future growth dependant upon in - fill development and reuse of property, redevelopment of the Mall and downtown areas. The McDonnell Centre Business Park is a key area of industrial development in Huntington Beach. MINIMUM QUALIFICATIONS Qualifications necessary for consideration include: (i) M.A.I. and state certifications; (ii) experience providing appraisals for publicly offered land - secured municipal bond transactions; and (iii) experience in appraising properties comprised of commercial/industrial development. SCOPE OF SERVICES An independent appraisal of the value of the land and improvements in the District must be provided to potential investors. The goal of the Appraisal Report is to provide a strong base of information regarding the value including market comparables and a discounted cash flow or income analysis. Therefore, your fee quote should be based on the following tasks: The value of certain road right-of-way the City expects to acquire with the Bonds. • S&op e, o �70�� Cam.► �'d� The work product will include: ■ The Appraisal Report consistent with all recognized and applicable standards and the methodology must be fully supported. ■ The appraiser will prepare a complete summary of the Appraisal Report for publication in the Preliminary and Final Offering Statements and the full Appraisal Report will be publicly available. ■ The appraiser will be required to review the narrative description of the Appraisal and other references to value in the body of the Preliminary and final Official Statements and sign a certificate affirming that the information is properly presented and that the summary is complete and accurate. ■ A draft Appraisal Report will be provided to the financing team for review and comment at least two weeks prior to the established completion date. ■ The appraiser will periodically meet, discuss the appraisal methodology, complex issues. YOUR PROPOSAL as necessary, with the financing team to the timing of improvements and resolve Your proposal must contain the following. • A not -to -exceed fee quote for the services described above • A schedule for the major activities in the process, including the time required to complete the assignment and the date you could start work • The current hourly rates for each personnel classification in your firm • Resumes of the principals of your firm • The name, address and telephone number of at least three (3) references that we may contact and for whom you have recently performed a similar assignment • A statement that your firm can provide insurance in the type and amounts required by the city (see Attachment No. 2) SELECTION CRITERIA The successful firm will be able to demonstrate: INSURANCE AND INDEMNIFICATION WAIVER zm MODIFICATION REQUEST 1. Requested by: -61 �L.oviv�1 e-be e,(C • telet+ X Ste$$ 2. Date: July 30, 2002 3. Name of contractor/permittee: J o h✓► 5. AA4v -s w 4. Description of work to be performed: 1.5^ ► S�rvtb.e Is +�e mtl be rl ne-0 Ce 4r-c vs►ln.es5 ��-rK. Gown.w�v✓i�-�/�uc�li-f'fYs�t�,�� 5. Value and length of contract: 6. Waiver/modification request: Pro�es5ional (lnsvrasnce, 1-ws$ldao �► ed %AGE La ) e-. 7. Reason for request and why it should be granted: C± aed Bnem w clv5el w f Vl.► A, rA i se,, 4) vw � sa l-, �.fv� y co fe k 8. Identify the risks to the City in approving this waiver/modification: APpra1sse w�vsa- be. a-�c�p�cd b�G`� A-r.d 6o�1n�'R�al� 19" or tv `✓.moo, .C-a xeto 115epakment Head Si nature ate: o f fvrtd.s pvvv i ok-e_d 61 ver CX F&vt 5 -i-P A Le-o U1\+ 3o s 1 �a G o �►=};,.es D �� s-}rtr,`- l�-e. p a's ►-Ik o� Insurance & Indemnification Waiver 7/30/2002 2:41 PM 0 0 Oh .g b t € Inr VO `HOV38 NOlONiiNnH !) A}fo