Loading...
HomeMy WebLinkAboutPARAGON PARTNERS LTD - 2007-02-28 t.w „ . 7 OFFIC ., �� CONTRACTS SUBMITT' 7T9 22 10: 48 CITY CLERKS �IG$ji tip To: JOAN FLYNN, City Clerk Name of Contractor: Paragon Partners, Ltd. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Right-of-Way Acquisition Services Amount of Contract: $82,500.00 Copy of contract distributed to: The original insurance certificate/waiver distributed ❑ Initiating Dept. to Risk Management❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ '1) ,4-1 PMzj_�, Date: A 7 Name ension City Attorney's Office F/2/6 �- G:AttyMisc/Contract Forms/City Clerk Transmittal AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PARAGON PARTNERS FOR RIGHT-OF-WAY ACQUISITION SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City", and PARAGON PARTNERS&/1 TD, a California corporation, hereinafter referred to as "Consultant." i WHEREAS, City and Consultant are parties to that certain agreement, dated February 28, 2007, entitled "Professional Services Contract Between the City of Huntington Beach and Paragon Partners, Ltd. for Right-of-Way Acquisition Services" which agreement shall hereinafter be referred to as the "Original Agreement," and Since the execution of the Original Agreement, Consultant has requested additional compensation from City to complete an acquisition project; and City has agreed to payment of additional compensation to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. Paragraph 4 of the Original Agreement is hereby amended to read as follows: 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 the Original Agreement, an additional sum not to exceed Thirty Two Thousand Five Hundred Dollars ($32,500.00). This additional sum shall be added to the original amount, for a new total contract amount of Eighty Two Thousand Five Hundred Dollars ($82,500.00). 07-1144/12161 1 i 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on K/ oZ jLo I , 2007. PARAGON PARTNERS,,(LTD. CITY OF HUNTINGTON BEACH, a ���� municipal corporation of the State of California B • E, c;A A AC-4,-6 print name ww ITS: (circle one) Chairma President/ ice President City Administrator D INITIATED AND APPROVED: By: �c............................. E r- c--L L- Director of Economic DzxelopNent print name ITS: (circle one Secreta Chief Financial Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: City Attorney q1 \�oA 07-1144/12161 2 OP ID DATE(MMIDOIYYYY) ACQRD_ CERTIFICATE OF LIABILITY INSURANCE PARAG-3 07 03 07 PRODUCER i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The-Dougherty Company, Inc, HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 7277 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tong Beach CA 90807 lone: 562-424-1621 Fax:562-490-0432 INSURERS AFFORDING COVERAGE NAIC - INSURED INSURER A- Houston Casualty Company INSURER W. Par gon Partners Ltd. INSURERC: 5762 Bolsa Avenue Suite 201 INSURERD: Huntington Beach 6A 92649 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRINISRC TYPE OF INSURANCE POLICY NUMBER DATE IMMID DATE MM/DDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea ocanence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL R ADV INJURY S GENERAL AGGREGATE S GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per Person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S .. .... (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ u EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE III ElCLAIMS MADE Z((O7 AGGREGATE S E F R McG T ity Att me s DEDUCTIBLE S RETENTION $ $ Ulm- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS LIABILITY E.L.EACH ACCIDENT S ANY PROPRIETOR/PARTNER/EXECUTIVE _ OFFICERIMEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE S n yes,desorlbe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Real Estate Errors H70712812 05/07/07 05/07/08 Claim 1,060,000 & Omissions CLAIMS MADE COVERA __Aggregate 2 000 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: As-needed Services CERTIFICATE HOLDER CANCELLATION HUNTING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WALL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL City of"'Huntington Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Attn:-'Rsk Management 2000 Main Street REPRESENTATIVES. . - AUTHORIZED REPRESENTATIVE Beach CA 92b48 � Richard Lindcrren ","' ACORD 25(2001108), 0ACORO PURPORATION 1988 CITY OF HUNTINGTON BEACH _ Professional Service Contracts fB.O,pp4.P Purchasing Certification Amendment # 1 Date: 8/15/07 1. Department: Economic Development R C E I V AUG 17 2007 2. Requested By: Tina Krause City of Huntington Beech City Attorney's office 3. Name of Consultant: Paragon Partners Ltd. 4. Amount of Original/Prior Contract: $50,000 5. Additional Compensation Requested: 0500 4 6. Reason for Contract Amendment: Paragon will be completing the Liberty/Speer Ave. acquisition project which was originally funded with CDBG funds. City Council approved an additional $32,500 from CDBG for this project. 7. Are sufficient funds available to fund this contract? Yes ® No ❑ 8. Company number and object code where funds are budgeted: 85782001.81300 Department Hea ignature RI HARD A ADRIL, Manager Central Services Division H C IV D CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE 20�7aR -5 AM � ' 07 1112 _{I ,,` .:i`k{ te. HU' IT1IN GI'C' i;kC 9 To: JOAN FLYNN, City Clerk Name of Contractor: Paragon Partners, Ltd. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Right-of-Way Acquisition Services Amount of Contract: $50,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed El Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: 2ik N m / xte sion City Attorney's Office X PV, G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Paragon Partners Ltd FOR Right-of-Way Acquisition Services THIS AGREEMENT ("Agreement") is made and entered into this '�ofh day of rli rla d 20 6 7, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Paragon Partners Ltd. a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to Right—of—Way Acquisition Services ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the 'PROJECT." CONSULTANT hereby designates Neilia A. LaValle who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profservl 0/15/0 1-A 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 three (3) years from "Commencement Date"). This Agreement shall expire on the commencement ,unless date sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three years from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Fifty Thousand Dollars($ 50,000.00 ). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/forms/profserv1 0/1 510 1-A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agree/forms/profserv10/15/01-A 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. agree/forms/profsery 10/15/0 1-A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance,coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profserv1 0/1 510 1-A * 5 all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/forms/profservl 0/15101-A 6 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove)or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Paragon Partners Ltd. ATTN: Steve Holtz 5762 Bolsa Avenue, #201 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92649 (714) 379-3376 Attention: Neilia A. LaValle 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/forms/profserv10/15101-A 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executedby both parties. 19. SECTION HEADINGS The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agree/forms/profsery 10/15101-A 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agree/forms/profsery 10/15/01-A 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that parry or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profsery 10/15101-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, Paragon Partners Ltd. a municipal corporation of the State of California Director of Ec'o'rr&ic Development By: (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairma residen ice President APPROVEE�AS TO FORM: D Z o� City Attorney ry�ti$(a1 By OZ4 C,) i , e REVIEWED AND APPROVED: in ,17 t name ITS: (circle on)Secretary hief Financial Officer/Asst. Secretary-Treasu City Administrator (only for contracts$50,000.00 and over) agree/forms/profsery 10/15101-A 1 1 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Paragon Partners will provide right-of-way acquisition services as it pertains to the Heil Avenue and Atlanta Street widening projects or any other similar projects on an as needed services basis. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Task No. Project Management and Administration 1 Will meet with City staff to review the City's requirements for each of the projects. 2 Development of a comprehensive project management plan Project Trac ing and Reporting 1 Submit monthly progress reports 2 Summary of work completed for the month and status of the project 3 Critical Issues, identify problems requiring resolution and recommendations for resolving 4 Identification of progress for each task against the project schedule and estimated completion date for each task Quality Control / Quality Assurance 1 A project specific Quality Control Program will be prepared for each project Provide administrative information; client information; a listing of the 2 client objectives; the project description; the delivery milestones; staff and budget restrictions; standards for technical drawings; presentation of reports, specifications, and the like. Title Services 1 Secure Preliminary Title commitments or title searches, title updates and title insurances Fee Appraisal Reports 1 1 Prepared for each ownership Right-of-Way Negotiation, Acquisition, Consulting Services 1 Provide property acquisition services, including, title, appraisal, closing and condemnation support services. Escrow Coordination and Closing Services 1 Coordinate opening of all escrows, monitor same, assist escrow company in obtaining additional documentation as necessary 2 Supervise and review the closing of all escrow in closing statements for completeness and accuracy. 3 Assist the escrow company in obtaining subordination agreements and any other title clearance documents necessary to clear title. Coordinate with the City to provide updated title commitments and 4 certified copies of instruments of conveyance and ensure all instruments are recorded immediately after closing. jmp/contracts group/exA/2/21/07 EXHIBIT "A" Condemnation Support Services 1 Provide two copies of complete property files 2 Participate in preparation meetings and re-trial hearings 3 Provide additional relevant information as requested by the City Attorney 4 Take photographs of the interest to be acquired on the day of deposit. 5 After Hearing for the Resolution of Necessity, litigation support will be rovided C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Assign staff project manager 2. Process purchase and sales agreements 3. Meet with consultant to develop project scope, timeline, and implementation plan. 4. Provide consultant with critical information for project, such as maps, boundaries, right-of-way procedures, parcel descriptions, etc. 5. Respond to consultant's requests for direction. 6. Monthly project update meetings. 7. Review and approve invoices for payment. D. WORK PROGRAM/PROJECT SCHEDULE: Paragon Partners anticipates a six-month project schedule with the abovementioned tasks outlined under Duties & Responsibilities. jmp/contracts group/exA/2/21/07 CITY OF HUNTINGTON BEACH RIGHT OF WAY ACQUISITION CONSULTING SERVICES SIX(6) MONTH PROJECT SCHEDULE ID Task Name Month-2 Month 4 Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 1 Contract Award 2 Protect Management and Administration I 3 Kick Off'Meeting 4 Monthly Meetings&Status Reporting 5 Property Acquisition 6 Conduct Negotiations/Acquisition 7 R _ecc-ommend..----- ---- _.._.-_Condemnation- --- _... 77 8 Notice of Hearing for Res.Of Nec. 4. 15 Day Notice 9 Hearing for Res.Of Necessity Days 10 City Files for OIP i 11 14 Condemnation SuppoErt 12 Coordinate Escrows 13 File Close-Out i Project Complete Technical Proposal Page 8 City of Huntington Beach RFP to Provide Right of Way Acquisition Consulting Services September 7,2006 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: ProjectManager ..................................................................... $135 Sr. Staff Appraiser .................................................................. $125 Senior Acquisition Agent......................................................... $ 95 Title & Escrow Coordinator...................................................... $ 65 Depositions and Court Testimony........................................... $175 Administrative Support........................... ........................... $ 60 Office Clerk......................................................................... $ 40 B. Travel 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. As CITY sometimes uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs. Subject to agreement otherwise, CONSULTANT will be, held to charging no fees on travel time to or from Huntington Beach. 3. Automobile expenses are limited to the IRS standard business mileage rate. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY, without prior written consent of CITY. C. Billing I. All billing shall be done monthly in one-tenth-hour (0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds agree/forms/exB-hourly fee/2/21/07 EXHIBIT B 1 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 7. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 8. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such "product, CITY shall identify specific requirements for satisfactory completion. 9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of agree/forms/exB-hourly fee/2/21/07 EXHIBIT B 2 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 10. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. agree/forms/exB-hourly fee/2/21/07 EXHIBIT B 3 Hourly Payment ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE{MMlDDmY6) PARAG-3 12 07 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Dougherty Company, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 7277 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Long Beach CA 90807 Phone: 562-424-1621 Fax:562-490-0432 INSURERS AFFORDING COVERAGE NAIC# INSURED - _ INSURER A: Westchester Surplus Lines INSURERB: Insurance Company Paragon Partners Ltd. INSURERC: 5762 Bolsa Avenue Suite 201 INSURERD: Huntington Beach 6A 92649 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING > ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDC/YY DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea ocauence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ - PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ PRO- POLICY JECT C LOC - - - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO - (Ea accident) ALL OWNED AUTOS - A OV AS RM / BODILY INJURY - - _ SCHEDULED AUTOS . /Q-1 (Per parson) $ - - - HIRED AUTOS q I n '�-+1 /t tto� l BODILY INJURY $ - NON-OWNED AUTOS J !!lYi l� t1 y (Per accident) PROPERTY DAMAGE $ - (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY - EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS I ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE - E.L.'EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? - - - - .L.. ISEASE-EA EMPLOYE $ If yes describe under -' SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Real Estate Errors EONG21654875004 05/07/06 05/07/07 Claim 1,000,000 & Omissions CLAIMS MADE COVERAGE Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Ref: As-needed Services CERTIFICATE HOLDER CANCELLATION CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLD R NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Risk Management City o f Huntington Beach IMPOSE NO OBLI TION OR LLABILI OF ANY KIND UPON THE INSURER,ITS AGENTS OR 2000 Main Street REPRESENTATIVE Huntington Beach CA 92648 AUTHORIZED REPR ATWF— Richard ren ACORD 25(2001/08) © CORD CORPORATION 1988 AC WE l CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MM/DD/YYYY) PARAG-3 01 22 07 PRODUC& THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Dougherty Company, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 7277 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Long Beach CA 90807 Phone: 562-424-1621 Fax:562-490-0432 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Ins Co of the Midwest 22357 INSURER B: Employers Compensation Ins Co 11512 Paragon Partners Ltd. INSURERC: 5762 Bolsa Avenue Suite 201 INSURERD: Huntington Beach a 92649 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATEYMMIDDEFFECI E DATEPOLICY MWDD TIO LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A v X COMMERCIAL GENERAL LIABILITY 72 UUN UR1666 05/01/06 05/01/07 PREMISES(Ea occurence) $300,000 CLAIMS MADE [:X] OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $ 1,000,000 Th, - GENERAL AGGREGATE s2,000,000 : i GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 G +.• XPOLICY PRO- JECT LOG AUTOMOBILE LIABILITY I � � I COMBINED SINGLE LIMIT $1,000,000 th ANY AUTO 72 UM UR1666 05/01/06 05/01/07 (Ea accident) ALL OWNED AUTOS 7� BODILY INJURY SCHEDULED AUTOS AP �y 1+D � F (Per person) $ ]� HIRED AUTOS { O i BODILY INJURY _ $ X NON-OWNED AUTOS J IF MC T e C" A III �/ (Peraccidenq PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ R' k AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE s2,000,000 A X OCCUR F__1CLAIMSMADE 72RHUUSO426 05/01/06 05/01/07 AGGREGATE $2,000,000 DEDUCTIBLE $ Th,, ]( RETENTION $10,000 $ T iWORKERS COMPENSATION AND X TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE SA81010731044 01/01/07 01/0 /O8 'EL.EACH ACCIDENT $1,000,000. `OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOY EMPLOYffj$1,000,000. ;M_i '#yes describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *:Except 10 days notice for non payment of premium. The City of Huntington Beach, its agents, officers and employees are named additional insured per attached endorsement per written contract with named insured. Ref: "As-needed Services" contract. l" iver of Subrogation applies per attached endorsement. CERTIFICATE HOLDER CANCELLATION CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL 9NVeW0R4e A1L 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE LL City of Huntington Beach f Attn: Risk Management 2000 Main Street ' Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE Richard Lindgren XCOR 25(2001/08) c A RD CORPORATION 1988 POLICY NUMBER:- 72 UUN UR 1666 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-MANAGERS OR LESSORS OF PREMISES 4 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE 1. Designation of Premises(Part Leased to You): 5762 Bolsa Ave. Suite 201 Huntington Beach CA 92649 2. Name of Person or Organization (Additional Insured): The City of Huntington Beach, its agents, officers and employees 2000 Blain Street` Huntington Beach, CA 92648 3. Additional Premium: none (If no entry appears above, the information required to complete this endorsement will be shown on the Declarations as applicable to this endorsement.) WHO 1S INSURED (Section II) is amended to This insurance does not apply to: include as an insured the person or 1. Any"occurrence"which takes place organization shown in the Schedule but only after you cease to be a tenant in that with respect to liability arising out of the premises. ownership, maintenance or use of that part 2. Structural alterations, new construction of the premises leased to you and shown in the or demolition operations performed by Schedule and subject to the following additional or on behalf of the person or organi- exclusions: zation shown in the Schedule. CG 2011 11 85 Copyright, Insurance Services Office, Inc., 1984 POLICY NUMBER: 72 UUN UR 1666 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Huntington Beach, its agents,officers and employees 2000 Main Street Huntington Beach, CA 92649 (If no entry appears above, information required to complete this endorsement will be shown on the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of"your work"done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. CG 24 04 11 85 Copyright, Insurance Services Office, Inc., 1984 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification I/,1909, 1. Date: 2/12/2007 2. Department: Economic Development 3. Requested by: Steve Holtz, Real Estate Services Manager 4. Name of consultant: Paragon Partners Ltd. 5. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicited consultants in your answer to 11 of this form. The consultant will provide the following right-of-way acqusition services: (See Attachment A) 6. Amount of the contract: $50,000 7. Are sufficient funds available to fund this contract?' ®Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ®Yes INN 9. Company number and object code where funds are bud eted: 20690001.82300 P Y J 9 10. Is this contract less than $50,000? ❑ Yes ® No 11. Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 12. Is this contract over$100,000? ❑Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list o�consultants from whom proposals were requested (including a contact telephone number). Attached 15. Attach proposed scope of work.' Attached 16. Attach proposed payment schedule. Attached Department Head Si nabre ICHARD A AD L, Ma r p g nag Purchasing/Central Services 1. If the answer to this question is "No," the contract will require approval from the City Council. Budget Resolution #2006-56 SECTION 7. That the Capital Improvement Program contained in the Proposed Budget for FY 2006107, Exhibit B, are approved in concept, and in accordance with Section 503 and Section 614 of the City Charter. The Director of Public Works is authorized to publicly advertise for bids on these projects. SECTION 8. That construction of capital improvement projects requires the use of professional services such as geo- technical, water testing, engineering oversight, project management, design, survey, and other required studies.. Funding for these professional services is included within each Capital Improvement Project's budget as set forth in the Proposed Budget for FY 2006107, Exhibit B. Consistent with the City Council's policy regarding professional service agreements, the City Council hereby authorizes the City Administrator, or designee, to enter into any necessary professional services agreements to facilitate the completion of an approved Capital Improvement Proiect. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of,2006. Mayor REVIEWED AND APPROVED: ED AS TO FORM: kity —dffiinistrator I " Exhibits A. City of Huntington Beach Budget for Fiscal Year 2006107, A-I . Estimated Revenue and Transfers B. Proposed Budget for Fiscal Year 2006107 C. Accounting Appropriations Summaries I Detail of Estimated Revenue D. Tables of Organization r t R55BUDGET City of Huntington Beach 2/22/200716:41:42 Available Budget Page- 1 As of February 28, 2007 Description Funds BA-YTD AA-YTD PA-YTD Available 20690001 Street Widening 00206 Traffic Impact 82300 Streets Improvement 6,409,949.66 27,072.42 99,834.24 6,283,043.00 82600 Sewer Improvement 18,597.22 5,805.00 18,792.22 6,000.00- 83000 Equipment 83000 Equipment 88000 NON-OPERATING EXPENSES 88000 NON-OPERATING EXPENSES 00206 Traffic Impact 6,428,546.88 32,877.42 118,626.46 6,277,043.00 20690001 Street Widening 6,428,546.88 32,877.42 118,626.46 6,277,043.00 Right-of-Way, Relocation & Implementation Consultant Services Contractor Contact Address Telephone Email 1 Overland, Pacific&Cutler, Inc. Joey Mendoza 4222 Avenida de la Carlota,#275 49.951.5263 'jmendoza@opcservices.com' Laguna Hills, CA 92653 2 Tierra West John Yonai 168 Annandale Road 26.665.1224 jyonai@tierrawestadvisors.com Pasadena, CA 91105 3 Universal Field Services, Inc. Kent Melton 18377 Beach Blvd.,#220 714.842.7333 kmelton@ufsrw.com Huntington Beach, CA 92648 4 Paragon Partners Ltd. Neilia A. LaValle 5762 Bolsa Avenue,#201 714.379.3376 'neiliaCparagon-partners.com' Huntington Beach, CA 92649