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HomeMy WebLinkAboutZUCKER SYSTEMS - 2006-07-20• V E CONTRACTS SUBMITTA:TO CITY CLERK'S OF tG -.2 A1,j 9: i r" 11, HUt ,;lT I C T C'N' r; aC4 To: JOAN FLYNN, City Clerk Name of Contractor: - Zucker Systems Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake - Huntington Central Park Review and Assessment of Entitlement/Development Processing.Activities Amount of Contract: Not to exceed $64,500.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. to Risk Management ❑ City Treasurer ❑ ORIGINAL bonds sent to Treasurer ❑ 6l �Date: /% Q6 Name/Ext nsion City Attorney's Office PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ZUCKER SYSTEMS FOR REVIEW AND ASSESSMENT OF ENTITLEMENT / DEVELOPMENT PROCESSING ACTIVITIES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California;- hereinafter referred to as , "CITY, and ZUCKER SYSTEMS, a sole proprietorship hereinafter referred -to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to review and assess CITY's entitlement and development processing activities; 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: l . 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 Paul Zucker who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 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 '06-306/2794 I .. f' A; - "Commencement Date"). This Agreement shall expire on July 31, 2007, unless sooner terminated as. provided herein. All tasks specified in Exhibit "A" shall be completed no later than six (6) months from the Commencement Date. 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 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 Sixty -Four Thousand Five Hundred Dollars ($64,500.00). CONSULTANT shall'submit billings monthly based on a percentage of task completion. 5. EXTRA WORK In the event CITY requires, add itionial 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 compensation for such extra work shall be allowed only if the prior written approval of,CITY is obtained. .6. METHOD OF PAYMENT CONSULTANT shall submit monthly billings based upon a percentage of task.. completion. .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, 06-306/2794 - 2 materials may be used by CITY as it -_sees fit. Notwithstanding the foregoing, to the extent allowed , by law, confidential information received from CITY staff and customers shall be retained by CONSULTANT and shall not be available to CITY except in summary form as included in CONSULTANT's report. 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, itsofficers, 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 andexpense 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: 9.1 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: 06-306/2794 3 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. 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. state that the policy is currently in force; and C. 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 06-306/2794 4 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 contractorherein 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 conriection 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. . 1-1 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 heremabove. 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. 06-306/2794 . 5 1.5. 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 shal I be given either by personal delivery to CONSULTANT's agent (as designated in Section 1hereinabove) 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 Zucker Systems „ ATTN: Paul Emery, 1545 Hotel Circle South, Suite 300 Deputy'City Administrator San Diego, CA 92108 2000 Main Street Attn: Paul Zucker Huntington Beach, CA 92648 .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. 06-306/2794 6 I i 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 i.n 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 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. 06-306/2794 7 '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, 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 nonprevailing 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. j 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 06-306/2794 8 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 supersede all'' rior 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 officers o Q 206 6 . C ANT CITY OF HUNTINGTON BEACH, ' CKER S, a sole proprietorship a-municipalcorporation of the State of California Pa 1 Zucker,etor--- City Administrato OVED AS TO FORM: IO(� City Attorn 16 0 INITIAT D PPROVED: Dep City -Administrator i A. SCOPE OF SERVICES AND REQUIREMENTS 1. PROJECT SUMMARY'._ The City Administrators Office is,regtiesting proposals for Review and Assessment of Entitlement Development Processing Activities for the City of Huntington Beach. The objective of this procurement is to obtain the services of a qualified firm to review and evaluate procedures, practices, standards, codes and outcomes directly related to entitlement and development processing activities: This review/evaluation will require the interview of staff, developers and other stakeholders in the' process. It will'require a review of performance measurements, staff and staffing levels and identify opportunities for improvement and enhancement. -Proposals must be received -no later than 4:00 P.M. Pacific time on March 20, 2006; proposals should be sent to: ■ Finance Department ■ Purchasing ■ 2000 Main Street ■ Huntington Beach, CA 92648 2. SCHEDULE This request for proposals will be governed by the following schedule: February 27, 2006 Release of RFP March 6, 2006 Deadline for Written Questions .March 20, 2006 Proposals Due March 28,, 2006 Interview April 3, 2006 Contract Award (on/about) ,April 10, 2006 Contractor Begins Work 3. CONTRACT TERM The contract period is from April 3, 2006 through December 31, 2006, however the work.is expected to be completed within six months of starting. 4. PROJECT STATEMENT Of WORK The following activities are required to be completed by the Consultant. The review, assessment and recommendations for improvement of the entitlement/development processing activities from project submittal to building permit issuance. These tasks will be carried out through the review and update of documentation that has been completed, including the flow -charting of the current entitlement process, and through interviews of staff, Commissioners and interested stakeholders. A review of a relevant number of current projects to evaluate the process of review will be completed. Focus groups ' -will be conducted that provide for anonymous input from current and past developers, community groups as well as representatives of small, medium and large businesses. All tasks/activities beyond the scope identified hereafter will require prior written concurrence by the City. 1) Code Review/Development Standards and Guidelines RFP— Entitlement/Development Processing Activities 3 B. INSTRUCTIONS AND INFORMATION 5. PROCESS FOR SUBMITTING PROPOSALS Content of Proposal The proposal must, be submitted using the format as indicated below.in the proposal format guidelines: ♦: Preparation of Proposal ■ Each, proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. Packaging of Proposal ■ The proposal must be divided into a sealed "packages .= a technical proposal and a cost proposal and plainly marked as: Name'of Company. Technical Proposal or Cost Proposal (as applicable) RFP for ENTITLEMENT/DEVELOPMENT PROCESSING February 21., 2006 { ♦ Number. of Proposal Copies Please submit an original and ten (10) copies of your proposal. ♦ Submission of Proposals f Please submit proposals to: Finance Department Purchasing 2000 Main Street Huntington Beach, CA 92648 All proposals must be delivered to the above_ office no later than 4:00 P.M. Pacific•time on February 21, 2006. Proposals received after the above date and time will not be considered. Faxed or e-mailed proposals will not be accepted: ♦ . Inquiries Questions about this,RFP must be directed in writing, via e-mail, to: Richard Amadril Central Service Manager Finance Department Purchasing 2000 Main Street Huntington Beach, CA 92648 ramadril(a,surfcity-hb. org From the date that this RFP is issued until a firm is selected andthe selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFP except during the pre -proposal conference. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be RFP— Entitlement/Develop men Processing Activities 5 �YN 1 d) Milestone Payment Schedule A milestone payment schedule setting forth the frequency and amount of progress payments, and identifying the tasks and deliverables ("milestones".) to,be completed for,.' each payment 4. Proiect'Organization and Staffing Section Describe your approach and methods for managing the operation as" well as the completion of this project.: Identify the project director and/or manager and the person who will be the key' contact with the City of Huntington Beach during this project. Include resume for project director along with the following information: • Company ownership • Location of the company offices. Location of the office servicing any California "account(s): • Number of'employees both locally and nationally • Location(s) from which employees. will be assigned. Name, address, and telephone number of the Proposer's point of contact fora contract resulting from this RFP. Company background/history and why Proposer. is qualified to provide the services . described in this RFP. • Length of time Proposer has been providing services described in this. RFP. • Proposer's Dun and Bradstreet number and/or financial statement. Proposer must include in the proposal a complete disclosure of any alleged significant prior.or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the. terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any.other party, which 'documents, without, limitation, unsatisfactory performance, adversarial, or contentious demeanor, I ignificant failure(s) to meet contract milestones or other contractual failures. 5. References.- At least three references should be included. For each reference, indicate the reference's name, organization affiliation, title, complete mailing address, and telephone. number. The City of Huntington Beach reserves the right to contact 'any of the organizations or individuals listed. Information provided shall include a) Client name b) Project description c) Project dates (starting and ending) d) Technical environment e) Staff assigned to reference engagement that will be designated for work per this. RFP f) Client project manager name and telephone number 6. Statement of Qualifications The information requested in this section should describe the qualifications of the firm, key staff and sub -contractors in performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: • Names of key staff that participated on named projects and their specific responsibilities with respect to this Scope of Work • The client's name, contact person, address, and telephone number • A brief description of type and extent of services provided Brief description of how your qualifications make you the best candidate to be awarded ' this contract. Describe recent directly related experience Each Proposer shall be skilled and regularly engaged in the general class or type of work called for under the contract. The Proposer's experience shall be set forth and submitted on the form provided herewith. It is the intention of the City to award a contract to a Proposer who furnishes RFP - Entitlement/Development Processing Activities information deemed pertinent to the evaluation process. The evaluation committee shall not be obligated to accept the lowest priced proposal,, but shall make an award in the best interests of the City. Discussions may, at the City's-sole option, be conducted with any vendor who submits a proposal determined to be reasonably likely to be selected for an award. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Vendors shall be accorded fair. and equal treatment with respect to any opportunity for discussion and written revision of proposals. Revisions may be permitted; after submissions and before award for obtaining best and final: proposals. In conducting discussions, the City will not disclose information derived.from proposals submitted by competing .vendors. A Notification of Intent to Award may be sent to the vendor selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing.vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with,the next highest scoring vendor or withdraw the RFP: 7.. STANDARD TERMS AND CONDITIONS :Amendments, The City. reserves the right to amend this RFP prior to the proposal due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach - Official City Web site Business - Bids & RFP's; proposers Should check this web page daily for new information. ♦ 'Cost for Preparing Proposal The.cost for developing the proposal is the sole responsibility of the proposer. All proposals Msubmitted become the property of the City. ♦:: Contract Discussions Prior to award, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences: These discussions are to be finalized and all exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be rejected and discussions initiated with the second highest scoring firm. ♦ Confidentiality Requirements The staff members assigned to this project may be required to sign'a departmental non- disclosure statement. Proposals are subject.to the Freedom Information Act. The City cannot protect proprietary data submitted in proposals. ♦ .Financial Information The City is concerned about proposers financial capability to perform, therefore, may ask you. to provide sufficient data to allow for an evaluation of your firm's financial capabilities. ♦ Insurance Requirements Within ten (10) consecutive calendar days of award of contract, Successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix E naming the City of Huntington Beach, its officers and agents, Additional Insured by endorsement.. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security. RFP- Entitlement/Development Processing Activities 9 APPENDIX A AGREEMENT TO MANDATORY PROJECT SPECIFICATIONS All mandatory requirements listed In Section AA.a. of the RFP are presented below. Proposer should indicate their understanding of these mandatory requirements and their agreement to satisfy these' mandatory requirements by placing the word "Yes" by each requirement. This checklist is provided for the convenience of proposers, but it is the proposer's responsibility to review the entire RFP and ensure response is made to all requirements. Failure to place "yes" by the mandatory.requirement may cause the Department to reject theproposal. Proposers must meet all of the following mandatory requirements to be considered for evaluation under this RFP. A. Mandatory Specification' and/or B. Alternate Bid (This appendix.will mirror all of the Mandatory Project Specifications as described in Section AA.a. This will provide the proposer with an opportunity to answer yes or no indicating their agreement to each Mandatory Specification listed. This completed appendix will be returned with the proposers technical proposal.) i Authorized Signature' Print Name Date RFP— Entitlement/Development Processing Activities 11 APPENDIX C PROPOSAL FORM We propose to furnish and deliver any and all of the deliverables and services named in the attached Request for Proposals (RFP) for which prices have been set. The price or prices offered herein shall apply for the period of time stated in the RFP. It is understood and agreed that this proposal constitutes an offer, which when accepted in writing by City of Huntington Beach, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the.City of Huntington Beach. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included in this proposal meet or exceed any and all such City specifications. We further agree; if awarded a contract, to deliver goods and services that meet or exceed"the specifications. It is understood and agreed that this proposal shall be valid and held open for a period of one hundred twenty (120) (120" days is the recommended period; however, this period of time can be modified to fit the specific ' requirements of your RFP) days from proposal opening date. " PROPOSAL SIGNATURE AND CERTIFICATION' (Bidder to sign and return with proposal)' `. I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, . or person submitting a proposal for the same materials, supplies, equipment, or services, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards.. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. Authorized Signature Date Print/Type Name Print/Type Company Name Here RFP — Entitlement/Development Processing Activities 13 lY� to � !` - . 1 �. �. - _ � - 1 _ { APPENDIX B -COST PROPOSAL Review and Assessment of Entitlement/Development Processing Activities for the City of Huntington Beach By Zucker Systems . This is a fixed -fee proposal by Zucker Systems for a review and assessment of entitlement/development processing activities for the City of Huntington Beach. The proposed cost is $64,500. The process we used to estimate the budget is based on an analysis of work effort by task plus travel and miscellaneous expenses. This is a total all-inclusive price including all direct and indirect costs including all out-of-pocket expenses. The cost includes ten (10) copies of the draft and ten (10) copies of the final report. Our hourly rates are shown in Table 3. City requirements are shown in Table 4. Billing will be monthly based on a percentage of task completion. The hours and cost per, task is shown in Table 5. Table 3 Hourly Rates and Costs Staff Member •Rate Per:Hour, Estimated;Hours": Paul Zucker $175 120 Bob.Storchheim $135 110 Mark Persico $135 110 Support Staff $40 40 Materials Cost plus 15%. Huntington Beach 1 Zucker Systems Task 1.0 - Project Initiation and Project Management 3,000 20 . Task 2.0 —External Interviews and Meetings 3,200 22 Task 3.0 — Focus Groups 4,900 33 Task.4.0 —'Customer Surveys 4,900 34 Task 5.0 — Staff Meetings and Questionnaires 4,100 28 Task 6.0 — Organizational Issues 11,500 77 Task 7.0 — Entitlement/Development Processing Activities 19,000- .128 Task 8.0 — Fee Analysis 4,100 24 -' Task 9.0,— Study Reports and Action Plans 9,800 68 Total 64,500' . 434 APPENDIX B COST PROPOSAL (This can be unique to your requirement. A simple.Cost Proposal example is offered below. If you require more cost data, consult with your Contracting Officer in the Finance Department prior to creating your Cost Proposal Worksheet.) (If.the resulting contract will have multiple renewal periods, the RFP should specify how prices in future renewal periods should be determined. If you require that a fixed price be quoted for future years, vendors are likely to overstatefuture prices out of uncertainty of future economic conditions. Consider specifying some objective economic index (CPI or others) that will track the vendor's cost of doing business. http://www.bis.pov/ is a good source of cost indices) . Vendor Name: Zucker Systems Total Contract Value for ALL Requirements including G & A* $ ** . $64,500 *G & A = all General and Administrative Costs, Profits, Travel, per diem, and ALL costs associated with this contract. *This is the figure that will be used in the evaluation. Where there is a reference in the RFP to deliverables, submission requirements or other response and contract performance discussions, said reference may not include all requirements in the RFP. It is incumbent upon the . contractor to read this entire RFP carefully and respond to and price all requirements and ensure "Total Contract Value for ALL Requirements" above includes all requirements. C Authorized Signature -Paul Zucker Print Name March 16, 2006. Date RFP — Entitlement/Development Processing Activities 12 OP ID 27 DATE (MWDDNYYY) �1CORD� CERTIFICATE OF LIABILITY INSURANCE zvcKE`-1 0; 19 06 PRODUCER' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kettering -Rose Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR., 3545 Camino Del Rio S . , Ste. A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San'Diego CA 92108 Phone: 619-2.9.1-7717 Fax:619-29-1-7776 INSURERS AFFORDING COVERAGE NAIC#, INSURED INSURER A: Philadelphia Ins. Co. INSURER B: CNA Insurance Zucker Systems INSURERC: St. Paul Ins. Co. 1545 Hotel Circle S. #300 wsuRERD: San Diego CA.92108 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 CONTRACTOR 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MWDDA E DATE (MM/PDDAN LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, OOO,"OOO B X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR 2026553005 04/23/06 04/23/07 PREMISES(Eo�ccurence) S1,000,000 MED EXP (My one person) $ 10 0 0 0 PERSONAL & ADV INJURY $ 10 0 , 0 0 0 GENERAL AGGREGATE' $ 2, 0 0 0, 0 0f) GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG- s2,000,000 POLICY PRO-JECT LOC B AUTOMOBILE LIABILITY ANY AUTO B2049532422 04/23/06 04/23/07 COMBINED SINGLE LIMIT (Ea accident) $ 1, Q 0 O , 0 0:0 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS NON-OWNEDAUTOS BODILY' INJURY (Per accident) $ , X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN. EA ACC ONLY: AGG $ ANY AUTO HAUTO $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE ROVE)AST O FO EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE i (4' $ RETENTION $ NIFER Mc PATH, Cit, Attom `, $ C WORKERS COMPENSATION AND EMPLOYERS' LIABWTY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below 13706 0 9/ O 1/ 0 5 0 9/ 01 / 0 6 X TORY LIMITS ER .. E.L. EACH ACCIDENT $ 1, 0 0 0, U 0 0 E.L. DISEASE - EA EMPLOYE $ 1, 000,000 E.L. DISEASE- POLICY LIMB ' $ 1, 000,000 OTHER A PROFESSIONAL LIAB PHSD178186 03/20/66 03/20/07 EACH OCCU 11000,000 AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 Days Notice of Cancellation Due to Non-payment of Premium Re: All Operations "The City of Huntington Beach, its agents, officers, and employees" as additional insureds, per additional insured form attached. GtK I IFIGAI C hULL t:K t;ANGELLATION CITYOFH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL 1%=X74W=MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Huntington Beach 2000 Main St.. Huntington Beach CA 92648 AUTHORIZE REPRESENTATIVE ' ACORD 25 (2001/08) © ACORD CORPORATION 198 CNA G-134844-A (Ed, 0.9199) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KONCONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS._ ACCOUNT PACKAGE POLICY BUSINESSOWNERS LIABILITY COVERAGE FORM : BUSINESS ACCOUNT PACKAGE POLICY BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO AS AN INSURED . -(Section C. of the (2) This. insurance- applies only with respect :. . Businessowners Liability, Coverage . Form) is to operations performed by you or. on your amended to include as an insured any person- or behalf for which the state or political organization (called additional- insured) described in subdivision has issued a permit. paragraphs .2.a. through 2.g. below whom you are required to add as an additional insured on this policy This insurance does not apply to "bodily "property under. injurydamage" of ° and ;' dam" 9 personal , advertising injury" arising out of operations 1.. A written contract or agreement; or performed for the state or municipality. . 2 An oral contract or agreement where a certificate b. Any persons or organizations with a - of Insurance showing that person 'or organization controlling interest in you but only with respect as an additional insured has been issued; but to their liability arising out of the written or oral contract or, agreement must be: (1) Their financial control of you; or 1. Currently in effect or becoming effective during the .(2) Premises they, own, maintain or control term of this policy; or .. while you lease or, occupy these .2. Executed prior to 'the' "bodily injury," 'property premises. damage" .'or "personal injury and advertising. This insurance does not apply to structural injury," but alterations, new construction and demolition Only 'the_ following persons or organizations are operations performed by or for such additional insured. additional' insureds under this endorsement and coverage,, provided to such additional insureds is c. `A manager or lessor of premises but only with limited as provided herein: respect to liability arising out of the ownership, - a. A state or political subdivision subject to. the maintenance or use of that specific part of the following provisions: premises leased to you and subject to the following additional exclusions: Al) This insurance applies only with respect_ ..This insurance does not apply to: m to the following hazards for which the o state or political subdivision has issued a (1) Any "occurrence" which takes place after permit in connection ' with premises you youcease to be a tenant in that premises; N own, rent, or control and, to which this or" o insurance applies: (2), Structural -alterations, new construction or (a) The existence, maintenance, repair, demolition operations performed by or on construction, erection, or removal of , behalf of such additional insured. advertising signs, awnings, canopies, cellar entrances, coal holes, d. A mortgagee; assignee or receiver but only driveways; manholes; marquees, with respect to their liability as mortgagee, _ hoistaway openings, sidewalk vaults, assignee, or receiver and arising out of the street banners; or decorations and ownership; maintenance, or'use of a premises similar exposures; or by you. _ (b) The construction, . erection, or This insurance does not apply to structural removal of elevators; or alterations, new construction or demolition operations performed by or for such additional _ (c) The ownership, maintenance, or use insured. _ of any elevators covered by this e. An owner or other interest from whom land — insurance. has been leased by you but only with respect to liability arising out of the ownership, G-134844-A Page 1 of 2 - (Ed. 09/99) /c_ , -maintenance or. use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: . (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. f. A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owners liability as co- owner of such premises. g. Any person or organization from whom you lease -equipment. Such person or organization is insured only with respect to their ..liability arising out of -the ' maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such, leased equipment ends. With respect to'the insurance afforded these additional insureds, the following. additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury". or "property damage arising out of the'sole negligence of such additional insured. Any insurance. provided to an additional insured designated under paragraphs a. through g. above G-134844-A (Ed. 09/99) G-134844-A (Ed. 09199) does not apply to "bodily injury" or °"property damage° included within the "products -completed. operations hazard". B. As respects the coverage provided under this endorsement, Section H. OTHER. INSURANCE, of the Businessowners Common Policy Conditions. is deleted and replaced with the following: H. Other Insurance 1, If there is other insurance covering the same loss or damage, we . will pay only for the amount of covered loss. or damage in excess of the amount due from that other insurance (except as indicated in 2, below),:whether you can collect on it or.not. But we will not pay more than the applicable Wmtt of Insurance. ; 2 This insurance is excess over. Any other valid and collectible insurance available to the additional insured.. whether, primary, excess, contingent or on any, other basis unless a contract or agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by contractor agreement, we will consider any other insurance maintained by the additional insured for injury.or damage covered by this endorsement to be excess and noncontributing with this insurance. 3. When this insurance is .excess, we will have no duty under Business Account Package Policy Liability Coverage to defend any claim or "suit' that any other insurer has a duty to 'defend. If no other; insurer defends, we will undertake. to do so; but we. will be entitled to the insured's rights against all those other. insurers. Page 2 of 2 PROFESSIONAL SERVICE CONTRACTS PURCHASING CERTIFICATION 1. Requested by: Paul Emery 2. Date: June 2, 2005 3. Name of. consultant: Zucker Systems 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: $64,500.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 10030104.69300 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. 0 ,ager Purchasing/Central Services If the answer to any these questions is "No," the contract.will require approval from the City. Council., Documentl 6/2/2006 10:57 AM RFP Distribution Mark Winongrond Plarimark Associates 2222: Superior Ave Venice, CA 90291 Matrix Consulting Group 2470 El Camino Real; Suite 210 Palo Alto, CA, 94306 Citygate Associates, LLC 705 Gold Lake Dr. Folsom, CA.95630 Paul Zucker Zucker Systems ly l 345 Hotel Circle South,, Suite 300 San:Diego, CA 92188 The Davis Company 555 University Ave, Suite l 16 Sacramento, CA 95825 The Mercer Group P.O. Box 546 Weimar, CA 95736 Willdan 2401.E. Katella Ave, Suite 300 Anaheim.CA 92806