HomeMy WebLinkAboutROSENOW SPEVACEK GROUP INC. - 2005-07-18 Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied Cit lerk' Sign e
Council Meeting Date: July 18, 2005 :::t Department ID Number: PL05-23
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEM
SUBMITTED BY: 41RENELOPE CULBRETH-GRAFT, CITY A MI 1 WOR
PREPARED BY: Howard Zelefsky, Director of Planning
SUBJECT: Approval of Contract with RSG Inc for Fiscal Analysis of Annexation of
Bolsa Chica Warner Mesa
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for City Council's consideration is a request to enter into a Professional Service
Contract with Rosenow Spevacek Group Inc. (RSG) to perform a fiscal analysis of the
annexation of the Bolsa Chica Warner Mesa.
Fundina Source:
$30,655 is available from the Planning Department's Professional Services account,
10060201.69365.
Recommended Action:
Motion to: "Approve and authorize the Mayor and City Clerk to execute the Professional
Service Contract between the City of Huntington Beach and RSG Inc. in the amount of
$30,655 for preparation of a fiscal analysis of the annexation of Bolsa Chica Warner Mesa."
Alternative Action(s):
The City Council may make the following alternative motion(s): -
1. "Deny the Professional Services Contract between the City and RSG Inc."
2. "Continue the item and direct staff accordingly." --. =
REQUEST FOR ACTION
MEETING DATE: July 18, 2005 DEPARTMENT ID NUMBER:PL05-23
Analysis:
A. PROJECT BACKGROUND
The City is considering the potential positive and negative impacts of annexing 105.3 acres
of the Warner Mesa portion of Bolsa Chica. To perform the necessary due diligence, the City
would retain the services of a consultant to perform a fiscal analysis of the financial impacts
of the annexation. In 1999, an annexation study was prepared for the entire Bolsa Chica
Wetlands to determine the positive and negative fiscal impacts to the City of Huntington
Beach. The purpose of the update is to focus on the fiscal impacts to the City of Huntington
Beach for the annexation of the Warner Mesa portion, which has been approved by the
County of Orange and the California Coastal Commission for the development of 349 single
family homes.
B. CONSULTANT SELECTION PROCESS
Due to staff's current workloads and the expedited timing of the project, staff recommends
that the City retain a consultant to perform the work. The consulting firm is to function as an
extension of staff. Staff solicited proposals from four qualified consultants:
• MNA Consulting
• Rosenow Spevacek Group Inc.
• Ultra Research
• Urban Design Studio
Only one firm, RSG Inc., responded to the request by submitting a proposal detailing their
experience, expertise, fee structure and scope of work for the project. Moreover, RSG
performed a similar fiscal impact analysis for the City of Huntington Beach in 1999 for the
entire Bolsa Chica wetlands. This study will be a smaller version of their previous study.
C. STAFF RECOMMENDATION
The proposed scope of work will provide the City with a quantitative assessment of the fiscal
impacts associated with annexation of the approved Bolsa Chica residential project. Based
on RSG's previous experience with this project and their general expertise in the field of
fiscal impact studies, staff recommends that the City Council approve the contract with RSG.
Environmental Status:
Projects over which public agencies exercise ministerial authority, such as this agreement
contracting for a fiscal impact analysis, are categorically exempt from the California
Environmental Quality Act pursuant to Section 15300.1.
G:IRCAs120051p105-23 RSG contract.doc -2- 6/3012005 8:08 AM
REQUEST FOR ACTION
MEETING DATE: July 18, 2005 DEPARTMENT ID NUMBER:PL05-23
Attachment(:
City Clerk's
Page Number No. Description
1. Professional Services Agreement between the City and RSG, Inc.
2. 1 Certificates of Insurance for RSG, Inc.
G,1RCAs120051p105-23 RSG contract.doc -3- 6/30/2005 9:04 AM
ATTACHMENT 1
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
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THIS AGREEMENT ("Agreement") is made and entered into this _18_! day of
20&1_, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
y]eVPc a ru.'per F,'o
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
(per cart tC SCa ( a-A-i s S b,-, 06L t e ; and
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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 who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/forms/profservl0/1 5/01-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
"Commencement Date"). This Agreement shall expire on c, �! Vic' unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than i `l6 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 andp expenses, not to exceed
Dollars($
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/profsery 1 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
agme/forms/pro&erv1 0/1 510 1-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 10/15101-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.
1 L 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
agreaforms/profsery 1 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/profservl0l15101-A
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 Cade.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section I
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 �, D e L,at e I d:-
ATTN: - k-e- [
2000 Main Street `
Huntington Beach, CA 92648 S t4 rQ e
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/profsery 10/15M-A 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section,paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
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/formslprofservl0/15/O1-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 PEES
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/profserv10115I01-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 party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that parry 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 10/15/O 1-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, a
municipal corporation of the State of
By: California
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INITI TED AND APPROVED:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
f� FOR
Table of Contents
1 Scope of Services.....................................................................................................1
2 City Staff Assistance................................................................................................2
3 Term; Time of Performance.....................................................................................2
4 Compensation ..........................................................................................................2
5 Extra Work...............................................................................................................2
6 Method of Payment..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance.............................................................................4
10 Certificate of Insurance............................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement.......................................................................................6
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents...................................................................................................7
15 City Employees and Officials..................................................................................7
16 Notices.........................................................................................7
17 Consent....................................................................................................................8
18 Modification.............................................................................................................8
1.9 Section Headings .....................................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited..............................................I.................9
24 Attorney's Fees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law.........................................................................................................10
27 Entirety......................................................................................................................10
EXHIBIT "A"
Scope of Work
RSG would undertake the following scope of work, as outlined below. The following schedule is
dependent upon the City approval of this agreement no later than July 5, 2005 and authorization
for RSG to proceed with the scope of work no later than July 6, 2005.
Task 9. Scoping Meetings with Appropriate Agencies -Completed by July 8, 2005
a. Discuss and further refine, with City staff, the purpose of the fiscal analysis and
other current and related issues. RSG will need to receive the requested information
no later than July 8, 2005. Following is a list of the needed information:
i. The City's General Plan,
ii. City Zoning Ordinance,
iii. Public Works infrastructure requirements for the area being
considered for annexation,
iv. Departmental fee schedules,
V. The current property tax transfer agreement with the County of Orange.
vi. City departments service requirements for the Warner Mesa area in
question.
b. Meet with the appropriate County of Orange staff to receive the following
information from the County of Orange.
C.
i. All the current information on the "Bolsa Chica Island" entitlements,
ii. County development standards,
iii. Financial costs and revenues,
iv. Other relevant data.
d. Review the 1999 Cost/Benefit Analysis on annexing the entire Bolsa Chica.
e. Meet with County of Orange IAFCO staff to review all annexation laws involving the
process and policies, i.e., property tax transfer policies.
EXHIBIT "A"
Task 2. Analyze Current and future Service Delivery Cost of Services Provided by the
City of Huntington Beach and Other Agencies in the Areas of Service Listed
Below—Completed by August 1, 2005
a. General Government/Management
b. Public Safety
c. Public Works, Engineering and Public Utilities
d. Community Development
e. Parks, Recreation and Community Services
f. Other Services
g. Identify How Services will be Provided After Annexation by the City
Task 3. Analyze Current and Future City of Huntington Beach and County Revenues -
Completed by August 1, 2005
a. Taxes
b. Fees for Service
c. Revenues from Other Agencies
d. Development Related Fees
e. Other Revenues
Task 4. Perform Fiscal Analysis -Completed by August 19, 2005
a. Summarize the Service Current Costs of the "Bolsa Chica Mesa".
b. Summarize the Service Costs After Annexation.
c. Summarize the Revenues to the City After Annexation.
Task 5. Submit Draft Fiscal Analysis to City Staff-Completed by August 26,2005
a. The draft fiscal analysis will examine three scenarios. They are:
i. Annexation prior to development
ii. Development without annexation
iii. Annexation after development is complete
EXHIBIT "A"
b. The fiscal analysis will identify the costs of services that the City will expend and the
revenues would receive under each of the scenarios listed under 5.a
c. RSG will meet with City staff to review and discuss the draft report
d. Prepare any corrections, additions and deletions to the report
Task 6. Submit Final Report—Completed No Later Than September 6, 2005
Task 7. Attend a Community Workshop (if requested), a City Council Study Session
and City Council Public Hearings to Present and Discuss the Warner Mesa
Annexation Fiscal Analysis
EXHIBIT "B"
Fee Proposal
RSG estimates a not-to-exceed fee of $30,655 for the above described scope of services. This
includes the attendance at three staff-related meetings and three public meetings. RSG will
submit 10 copies of the Screencheck Draft Fiscal Analysis, 20 bound copies of Public Review
Draft Fiscal Analysis, plus one unbound reproducible original copy, an electronic copy of the
Public Review Draft Fiscal Analysis formatted in Microsoft Word and Portable Document Format
(PDF), 20 bound copies of the Final Fiscal Analysis, plus one unbound reproducible original
copy, and an electronic copy of the Final Fiscal Analysis formatted in Microsoft Word and
Portable Document Format (PDF). The document converted to PDF shall be indexed and
searchable by chapter. If more meetings are required, they will be billed at the rates listed
below. The fee will be billed on a time-and-materials basis, based upon the following hourly
rates.
Principal/Director $175
Senior Associate $145
Associate $125
Analyst $ 90
Research AssistantlReal Estate Technician $ 80
Word Processor/Graphic Artist $ 60
Clerical $ 50
Reimbursabies Cost, plus 10%
It is RSG's policy to not charge clients for mileage, parking, telephone/fax expense, postage,
and incidental copies. We do, however, charge for additional insured certificates, messenger
services, overnight mail costs, and copies of reports, documents, notices and support material
in excess of five (5) copies. These costs are charged at actual expense, plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.
Invoices will identify tasks completed to date, hours expended and the hourly rate.
The breakdown of costs is as follows:
FISCAL ANALYSIS OF WARNER MRSA
TASK PrinolpaVDlrector Sr,Aaaodate Anstyet Total
$175 per hr. $125 per hr. $90 par hr.
1.a. Scoping Meeting with 4 hrs. $700 2 hrs. $250 4 Ms. $1,000 $1,950
city Staff
b. Soaping Meeting with 2 hrs $360 2 hra. $600 2 hra. $180 $1.030
County stair
c, Review 19M Cosy 2 hra. $360 2 hrs. s260 4 hrs. $1,000 $1,600
Benefit Study
d. Meet with OC County 2 hn. $360 2 hm.
LAFCO Staff
2.a Analyze Current 4 hra. $700 2 hra. $250 18 hra. $1,62t1 SZ670
Service Delivery Costs
b.Analyze Future 7 hr* $1.225 38 hrs. $3,420 $4.645
Service Delivery Costs
3." Analyse Current a hra. $1,050 19 hra. $1,710 $2,760
and Future Revenues
4." Perform-FYadl Ccatf 16 hra. $2,826 6 hra. $e25 78 trrs.- $7,020 $10,270
9anetit Ansty" - - -
6_Public Meetings-8 18 hrs - $3,150 6 hrs. $76p 12 hre_ $1,080 $4,980
2 persons - t person 2 persons
Total 60 hra $10,600 19 hrs. $2,e25 177 hrs. $17,630 M e66
ATTACHMENT 2
5 INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Chris Davis
2. Date: July 11, 2005
3. Name of contra ctor/perm ittee: Rosenow Spevacek Group Inc.
4. Description of work to be performed: Fiscal Impact Analysis for annexation of Bolsa Chica
Warner Mesa
5. Value and length of contract: Not to Exceed $30,655; 140 Days
6. Waiver/modification request: Section 9, waive non inclusion of deductible
7. Reason for request and why it should be granted: Amount of contract minimal relative to
deductible; City has Past history with this company.
$. Identify the risks to th City in approving this waiverlmodification: Minimal
partment Head Signature D te:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk Management
Approved ❑ Denied r ll s�
Signature D to
2. City Attorney's Office
pproved ❑ Denied [b 1E
ignature 4Dte
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
waiver 7/1 1/2005 2:30 PM
JUL-11-2005 14:51 EMPIR5 CO. 7148369946 P.02
DATE NMMYI
�1 81 . CERTIFICATE OF LIABILITY INSURANCE 07/11/2005
PR IWM (714)936-994S FAX (714)836-9946 THIS CERTIFICATE Is I5SUED AS A MATTER OF INFORMATION
The Empire Company 10 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
$S5 Parkcenter Drive, Ste 206 C ! ALTER THE C�R.THIS ERAGE AFFORDED 6Y HEPOAMEND,EXTEND OR
Santa Ana, CA 92705-3521 C�
Emily Fisher INSURIERs AFFORDING COVERAGE NAIC#
INURED INSURERk Hartford Insurance
ROSenaW 5pevacek Group, YnC. 7/ INSURER IkEverest National Insurance Co.
LL�N�
309 West Fourth Street INSURERC; National Union Fire Ins. Co.
Santa Ana, CA 92701 '� , INSURER 0.
INSURER&;
THE POLICIES OF INSURANCE LISTED GELOW HAVE BEEN ISSUED TO THE INSURED NAMED A13OVE FOR THE POLICY PERIOD INDICATED,NOTWTTHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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,
N119R TYPE OF INSURANCE POLICY NUMBER EPFECTIYE: PO Ia(PUBATION UMNTS
GENEERALLIANUTr 72SOAAD9365 02/14/2005 02/14/2006 EACH OCCURRENCE 6 1 000 0001
X COMMERrJALOENERALL"tL17Y DAI1iAGETO NTEP ; 300.0001
CLAIMSMADE l'KJ OCCUR IR6DpCP(AnyalaDwwN S 3A).0001
IA PERSONAL A ADV INJURY S 1,000,00
— GENERAL AGGREGATE s 21000,00
GEN'L AGGREGATE LIMIT APPLIES PER PROOIJCTS-COIAPIOPAGO 6 2.ON,00
POLICY JECT LOC
AWFOMNOIIILELIANfNNTY 72SBAA09365 02/14/2005 02/14/2006 GOMOINFDSINGLEUMIT
ANY AUTO (PA�eM) $ 1.000.000
Ali OW14ED AUTOS BODILY INJURY s
A SCHEE]U EDAUTOS (Fiergerow)
X HIREDAUTOS BODILY INJURY
X NOWOME0 AUTOe Teracaderq Ii
PROPERTY DAMAGE s
•AMOE UAIILITY AUTO ONLY-FA ACCIDENT IANY AUTO EAAOO 6
JE R ,GRA H,Ci y Attorney AM MWRTMN
Ace II
En M-1 A I ABILITY 72SPA0936S 02 14/2005 02/14/2006 EACH OMURRENCE s 1 ON,
X OCCUR El CAMS MADE AGGREGATE s 1 O0Q
A s
DEDUCTIBLE s
RETENTWN I s
WORIOdCOMPP�WTNOHAM 6000000486051 03/01/2005 03/01/2006 X AT oTH
EMPLOYEW uAmLITY E
g ANY PROPRIETORMARTNERM)MOUYWEBE L.EACHACOIDENf S 1 000
OFFICERIMEMRE%CLUOED7 E-LoWASE-FA EMPLOYE $ 110001100
If��0aea,dR9C1l8B under
841CI L PROVISIONS WOW EL DOFASE-POWY LIMIT S 1 000 K
OTHER 004906160 03/01
/2005 03/01/z006 $2,000,000 each wrongful act
C �rrors & Omissions subj. to $2,000.000 aggregate
$10 000 retention
oe4CRIPI1Qrl OF 0FERATIgNS I'LOCATIONS I VBNICLFs! 91,0N8 ArT BY F,HDOgSEMENTI SMC AL PROVIWN5
rtlficate holder is named as ad, itTanal in
�10 day notice of cancellation shall apply for non-payment of premium.
SHOULD ANY OF THE ABOVE OFSCRIBEO POWES BE CANGEI.LW SWORE THE
ExPNRATION DATE THEREOF,THE FSSUNNG INSURERVOLLMNOW"MAIL
a R DAYS WNTM NOTICE TO THE.cwmr=TE HOLDER NAMED TO THE LIFT.
City of Huntington Beach
20M Main Street
Huntington Beach, CA 92649 D P A
ACORD 25(2001M$) WACORD CORPORATION IWO
JUL-11-2005 14:51 EMPIRE CO. 7148369946 P.03
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WANED, subject to the terns and conditions of the policy,certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The CerUfcate of Insurance on the reverse side of this form doss not constitute a contract between
the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2004108)
TOTRL P.03
d
k PROFESSIONAL SERVICE CONTRACTS
,�
o PURCHASING CERTIFICATION
1. Requested by: Planning Department, Jason Kelley
2. Date: June 27, 2005
3. Name of consultant: Rosenow Spevacek Group Inc. (RSG)
4. Attach the written statement of the specification, conditions and other
requirements for the requested services that was provided to solicted
consultatnts in your answer to 11 of this form.
5. Amount of the contract: $30,655.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 10060201.69365
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ❑ 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?'
❑ 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).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
7
IC RDA D IL, Manager
Purchasing/Central Services
` If the answer to any these questions is"No," the contract will require approval from the City Council.
purchasing certification-rsg 6/27/2005 4:04 PM
Consultants Solicited for Bolsa Chica Warner Mesa
Annexation Fiscal Analysis
Rosenow Spevacek Group
Felise Acosta, Principal
309 4t" Street
Santa Ana, CA 92701
(714) 541-4585
MNA Consulting
Kristen McDade Byrne
427 C Street, Ste 308
San Diego, CA 92101
(619) 239-9877
Ultra Research
6432 E. Via Estrada
Anaheim, CA
(714) 779-0151
Urban Design Studio
14725 Alton Parkway
Irvine, CA 92618
(949) 489-8131
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: Contract for Fiscal Analysis of Annexation of Balsa
Chica Warner Mesa
COUNCIL MEETING DATE: July 18, 2005
RCA ATTACHMENTS STATUS
Ordinance (wlexhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) AttachedNot Applicable El(Signed in full by the Qty Attorne
Attached Li
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney)
Attached
Certificates of Insurance (Approved by the City Attomey) Not Applicable ❑
Attached
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds {If applicable} Attached El
Not Applicable
Staff Report (If applicable) AttachedNot A licable ❑
Commission, Board or Committee Report applicable)If a Attached ❑
p { pp } Not Applicable
LFindings/Conditions for Approval and/or Denial Attached
El
pp Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff )
Assistant City Administrator Initial
City Administrator Initial
Ci Clerk ( }
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: Jason Kelley/Chris Davis
j, iff CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL!
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: a�
TO: ,JUTTENTION:S N
USt ,S�t4
t ' DEPARTMENT:
s
7� Aa ,4 t?jA'4 D,j REGARDING: �Ssc" Fb2
City,State,Zip
Afi1Aal 6�IaA) OF &LZA- GMIC14
6JAW4%- Inc-Sl+
See Attached Action Agenda Item .[ -4F Date of Approval 2"d,
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item-
Remarks:
jje")
�CiClerk
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
CC: A57-bytu N/n3 ✓ _._JG
Nagy` moo m t RCA Ag�eunem Insurance
Naame• Other
tie o ntent RCA Agreement insurance other
Name Department RCA Agreement Insurance Other
Name Department RCA Ageemcut Insurance Other
Flame Department RCA Insurance
g_llolfowupAetterslcoverltr.doc
(Telephone:714-536-52271