HomeMy WebLinkAboutCOTTON/BELAND & ASSOCIATES INC. - 2000-04-17CITY OF HUNTINGTON BEACH
2000 MAIN STREET
CALIFORNIA92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: ,e/�,Zpao
Name
/
City, State, Zip
See Attached Action Agenda Item
ATTENTION:
DEPARTMENT:
Date of Approval �I-/7-,TDDD
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page
Agreement
✓
Bonds
Insurance
RCA
Deed
Other
CC:
r
✓
✓
,�
Name
t
%epnt
RCA
Agreement
Insurance Other
ame
RCA
Agreement
Insurance Other
Name
RCA
Agreement
Insurance Other
Department
Name Department RCA
MP� // /1/ O L4, ✓
Risk Management Dept
Agreement Insurance Other
Insurance
G: Fol I owup/Letters/coverltr
(Telephone: 714-536-5227 )
- H- -16VWFS�'1,Ar��r'
Council/Agency Meeting Held: 4--1-7-00
Deferred/Continued to:
;Approved El Conditionally Approved ❑ Denied
I AS87r iy;eD 1 -
Council Meeting Date: April 17, 2000
t10R biq le k' Signature
Department ID Number: . PL00-01
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: BRAY SILVER, City Administrator-C
C3
PREPARED BY: HOWARD ZELEFSKY, Planning Director%�� .
SUBJECT: APPROVE A PROFESSIONAL SERVICES CONTRACT WITH
COTTON/BELAND/ASSOCIATES, INC. TO PREPARE THE CITY.
OF HUNTINGTON BEACH 2O00-2005 HOUSING ELEMENT`
UPDATE.
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 Planning
Services Contract with Cotton/Beland/Associates, Inc. for preparation of the City of Huntington Beach
2000-2005 Housing Element Update.
Funding Source:
The funding source will be an encumbrance against the Planning Department's Contractual Services
account in the amount of Twenty Thousand Seven Hundred Ninety Dollars($20,790.00). The account
number for Contractual Services is E AA PL 231 3 90 00.
Recommended Action:
Motion to:
1. "Approve the Professional Services Contract, retroactive to March 1, 2000, in the amount of
Twenty Thousand Seven Hundred Ninety Dollars ($20,790.00), as prepared by the City
Attorney, between the City and Cotton/Beland/Associates, Inc., subject to mutual
agreement by the City and Cotton/Beland/Associates, Inc., and authorize the Mayor and
City Clerk to sign."
2. "Approve the waiver, as recommended by the Settlement Committee, to allow a Ten
Thousand Dollar ($10,000.00) deductible amount for the Professional Liability Insurance
coverage." -
*QUEST FOR COUNCIL ACAN
MEETING DATE: April 17, 2000 DEPARTMENT ID NUMBER: PL00-01
3. "Approve the requested modification of the professional liability insurance indemnification
clause shown in paragraph 9 of: the contract as recommended by the Settlement
Committee."
Alternative Action(s):
The City Council may make the following alternative motions:
1. "Deny the Professional Services Contract between the City and Cotton/Beland/ Associates,
Inc."
2. "Continue the item and direct staff accordingly."
Analysis:
A. BACKGROUND:
The State of California requires each --city . within the state to adopt a Housing Element which
establishes comprehensive goals and policies for housing within its jurisdiction. Pursuant to State
law, this Housing Element is required to be updated every five (5) years.
The City of Huntington Beach undertook a comprehensive General Plan update in the mid 1990's and
updated its Housing Element to provide consistency with its revised General Plan, as well as to
update the Housing Element as part of the 1996-2000 SCAG cycle. While the SCAG cycle was
extended to 2000, the City chose to proceed with the Housing Element Update in 1999. Because the
Housing Element was recently adopted in 1999 and approved by the State Department of Housing
and Community Development (HCD), the State has indicated the 2000-2005 Housing Element update
need only focus on incorporation of the new RHNA, as well as extending the Housing Element
timeframe to 2005.
B. SCOPE OF WORK: _
Cotton/Beland/Associates, Inc. will be responsible for all studies and documentation necessary to
comply with the provisions of the State's Housing Element, as well as attendance at public meetings
and hearings, responses to public comments and coordination between City staff and the project
team.
C. STAFF RECOMMENDATION:
The key objective in preparing the City's 2000-`2005 Housing Element is to adopt a Housing Element
which establishes comprehensive goals and policies for housing within the City pursuant to the
requirements of the State of California. Cotton/Beland/Associates, Inc. prepared the City's recently
adopted Housing Element. The firm is familiar with the City and its housing issues and proposed a
scope of work that best addressed the City's needs. Cotton/Beland/Associates, Inc. also has
extensive experience in housing element preparation and has a strong record of successful
processing through the HCD.
PL00-01 -2- 4/11/00 9:57 AM
*QUEST FOR COUNCIL ACION
MEETING DATE: April 17, 2000 DEPARTMENT ID NUMBER: PL00-01
Cotton/Beland/Associates, Inc. maintains Professional Liability Insurance, however, its policy has a
Ten Thousand Dollar deductible provision. Because of the deductible provision, the City has some
exposure. However, since Staff will be working closely with Cotton/Beland/Associates, Inc., this
exposure is minimal. Staff recommends the City. Council approve the contract, approve the waiver
and authorize the Mayor and City Clerk to sign.
Environmental Status:
Projects over which public agencies exercise ministerial authority, such as this agreement contracting
for the preparation of a Housing Element Report, are categorically exempt from the California
Environmental Quality Act pursuant to Section 15300.1.
Attachment(s):
1. Professional Services Contract between the City and
Cotton/Beland/Associates, Inc. (2 originals)
2. Insurance Certificates.
3. Settlement Committee Waiver to allow a $10,000.00 deductible amount
for Professional Liability Insurance coverage and modification to the
Indemnification language in paragraph 9 of the Contract.
RCA Author: Duane R. Bankey
PL00-01 -3- 4/11/00 9:57 AM
r
£ 4
wit",
k
d
- 13 No
Council/Agency Meeting Held: �i-- -7--00
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
tot'p le k' Signature
Council Meeting Date: April 17, 2000
Department ID Number: PL00-01
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
sPi
SUBMITTED BY: 'RAY SILVER, City Administrator_
PREPARED BY: HOWARD ZELEFSKY, Planning Directorl�-4 2-- .
SUBJECT: APPROVE A PROFESSIONAL SERVICES CONTRACT WITH
COTTON/BELAN D/ASSOCIATES, INC. TO PREPARE THl5CIf--Y:- =
OF HUNTINGTON BEACH 2O00-2005 HOUSING ELEMEN* ry
UPDATE. _..._
C-)
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 Planning
Services Contract with Cotton/Beland/Associates, Inc. for preparation of the City of Huntington Beach
2000-2005 Housing Element Update.
Funding Source:
The funding source will be an encumbrance'against the Planning Department's Contractual Services
account in the amount of Twenty Thousand Seven Hundred Ninety Dollars($20,790.00). The account
number for Contractual Services is E AA PL 231 3 90 00.
Recommended Action:
Motion to:
1. "Approve the Professional Services Contract, retroactive to March 1, 2000, in the amount of
Twenty Thousand Seven Hundred Ninety Dollars ($20,790.00), as prepared by the City
Attorney, between the City and Cotton/Beland/Associates, Inc., subject to mutual
agreement by the City and Cotton/Beland/Associates, Inc., and authorize the Mayor and
City Clerk to sign."
2. "Approve the waiver, as recommended by the Settlement Committee, to allow a Ten
Thousand Dollar ($10,000.00) deductible amount for the Professional Liability Insurance
coverage."
0 •
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
COTTON/BELAND/ASSOCITES, INC.
FOR
PROFESSIONAL PLANNING SERVICES TO
PREPARE THE CITY OF HUNTINGTON BEACH
2000-2005 HOUSING ELEMENT UPDATE
Table of Contents
WorkStatement.......................................................................................................I
CityStaff Assistance................................................................................................2
Time of Performance...............................................................................................2
Compensation..........................................................................................................2
Priorities........................................................................................2
ExtraWork...............................................................................................................3
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................4
HoldHarmless.........................................................................................................5
Workers' Compensation Insurance...........................................................................5
General Liability Insurance......................................................................................6
Professional Liability Insurance..............................................................................6
Certificates of Insurance..........................................................................................7
Independent Contractor............................................................................................8
Termination of Agreement.......................................................................................8-
Assignment and Subcontracting...............................................................................9
Copyrights/Patents...................................................................................................9
City Employees and Officials..................................................................................9
Notices.....................................................................................................................9
Immigration..............................................................................................................10
Legal Services Subcontracting Prohibited...............................................................10
Attorney's Fees.........................................................................................................10
Entirety.....................................................................................................................
I 1
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
COTTON/BELAND/ASSOCITES, INC.
FOR
PROFESSIONAL PLANNING SERVICES TO
PREPARE THE CITY OF HUNTINGTON BEACH
2000-2005 HOUSING ELEMENT UPDATE
THIS AGREEMENT is made and entered into this,_,_17ay of
April 2000, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY," and
COTTONBELAND/ASSOCIATES, INC., a California corporation, hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide planning
services to prepare the City of Huntington Beach 2000-2005 Housing Element Update; 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 said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal ("RFP"), and CONSULTANT's Proposal dated December 8, 1999 (both of which are
hereinafter referred to as Exhibit "A"), which are attached hereto and incorporated into this
AGREEMENT by this reference. These services shall sometimes hereinafter be referred to as
the "PROJECT."
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/10/00
CONSULTANT hereby designates Donald A. Cotton, 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. 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 and all tasks
specified in Exhibit "A" shall be completed no later than 14 months from the 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 the Scope of
Services,on the Work Program/Project Schedule. This schedule.may be amended to benefit the
PROJECT if mutually agreed by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Twenty Thousand Seven Hundred Ninety Dollars
($20,790.00).
5. PRIORITIES
In the event there are any conflicts or inconsistencies between this
AGREEMENT, the CITY's RFP, or the CONSULTANT's Proposal, the following order of
precedence shall govern: 1) AGREEMENT, 2) the CONSULTANT's Proposal, and 3) the
CITY's RFP.
2
4/s:4-2000 Agree:.Cotton/Beland
RLS 00-043
2/ 10/00
6. 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 compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
7. METHOD OF PAYMENT
A. CONSULTANT shall -be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A."
B. 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. Any
such product which has not been formally accepted or rejected by CITY shall be deemed
accepted.
C. CONSULTANT shall submit to CITY an invoice for each progress
payment due. Such invoice shall:
1) Reference this AGREEMENT; .
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's
firm that the work has been performed in accordance with the
provisions of this AGREEMENT; and
3
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/10/00
0 0
5) 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 promptly 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.unreasonablywithheld.
If CITY does not approve an invoice, CITY shall notify CONSULTANT in:writing of the
reasons for non -approval within seven (7) calendar days of receipt of the invoice, and the
schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that
past performance by CONSULTANT. is in, or -has been brought into compliance, or .until this
AGREEMENT is terminated as provided herein.
D. Any billings for extra work or additional services -authorized 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.
8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this
4
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/10/00
•
E
AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this
AGREEMENT is terminated, said materials may be used by CITY in the completion of the
PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of
fees determined to be earned by CONSULTANT to the point of termination.or completion of the
PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies.of all data
prepared hereunder.
9. HOLD HARMLESS
CONSULTANT shall indemnify and save and hold harmless CITY, its officers,
and employees, from any and all liability, including any claim of liability and any and all losses or
costs arising out of the negligent performance of this AGREEMENT by CONSULTANT, its
officers or employees.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, CONSULTANT. acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONSULTANT covenants that it will comply. with
such provisions prior to commencing performance of the work hereunder.
CONSULTANT shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/00
�.I
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY INSURANCE
In addition to the workers'. compensation insurance and CONSULTANT's
covenant toindemnifyCITY, CONSULTANT. shall obtain and furnish to. CITY,.a policy of
general public liability insurance, :including motor.vehicle coverage covering the PROJECT.
Said policy shall _indemnify CONSULTANT, its officers, .agents and employees, while acting
within the scope of their duties, against any and all claims arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount combined
single limit bodily injury and propertydamage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. ..If coverage.is.provided under a
form which includes a designated -general aggregate limit, the,aggregate limit must be no. less
- - than $1,000,000 for this PROJECT. Said policy shall name CITY, its'.agents,, its officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that CONSULTANT's insurance shall be primary.
Under no circumstances shall the above -mentioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
6
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/10/00
•
0
professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate.
A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the professional
services contractor's start.of work (including subsequent policies
purchased as renewals or replacements).
B. CONSULTANT will make every effort- to -maintain similar. insurance
during the required, extended period of coverage following project
completion, including the requirement of adding all additional insureds.
C. 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.
D. The reporting of circumstances.or incidents that.might..give rise to future.
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this AGREEMENT; said certificates 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 policies shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30)
7
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/10/00
0
0
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 coverages in force until
the work under this AGREEMENT is fully completed and accepted by CITY.
The requirement -for carrying the foregoing insurance: coverages. shall not -derogate
from the provisions for indemnification of CITY by CONSULTANT: under theAGREEMENT.
CITY or its representative shall at all times have the right to demand theforiginal or a copy of all -
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance.hereinabove required.
14. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting -at all times in the performance -of this
.AGREEMENT as an independent contractor. CONSULTANT shall secure.at its expense,and
be responsible for any and all payment of all taxes; -social security; state�disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
15. 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 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.
8
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/10/00
16. ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT is a personal service contract and the supervisory work
hereunder shall not be delegated by.CONSULTANT to any other person or entity.without the
consent of CITY.
17. COPYRIGHTS/PATENTS
. CITY shall own all rights to any patentor copyright -on anywork,,.item-or material
produced as a result of this AGREEMENT.
18. 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 ifinanciat interest in this AGREEMENT in violation of.the; applicable; provisions of the
California Government Code.
19. NOTICES
Any notice or special instructions required to be given in writing under this
AGREEMENT shall be given either by personal delivery to CONSULTANT's agent (as
designated in Section 1 hereinabove) or to CITY's Director of Planning 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, addressed as follows:
TO CITY:
Director Planning
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
9
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/00
TO CONSULTANT:
Donald A. Cotton, AICP
Cotton/Beland/Associates, Inc.
747 East Green Street, Suite 300
Pasadena, CA 91101
20. 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.
21. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not:liable for payment of any
subcontractor work involvingaegal 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 iincurred -by
CONSULTANT.
22. ATTORNEY'S FEES
In :the event suit is brought.by either party -to enforce the terms and provisions of
this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's
fees.
SIGNATURES ON NEXT PAGE
10
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/00
23. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire
AGREEMENT between the parties.
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.
C OTTONBELAND/ASSOCIATES, . INC.
a California corporation
By: -
print name
ITS: (circle one) Chairman/ reside ice President
Imnt name
ITS: (circle one) ecreta hief Financial Officer/Asst.
Secretary - Treasurer
REVIEWE!f APPROVED:
6<fi'--C' Administrator
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/00
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
a or
ATTEST:
4-17-00 City Clerk
APPROVED AS TO FORTM:
til-G41'City Attorney p.�
a / p a0 ez ff \ Y I l01 VW
INITIATED AND APPROVED:
11
irector of PL-wrtiing
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No.5907
State of Cali fnrni a
County of Los Angeles
On March S, 2000 before me, Patricia A. Guerrero, Notary Public ,
DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC'
personally appeared Donald A. Cotton ------------------------------------------
NAME(S) OF SIGNER(S)
X1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(4 whose name(Z) is/etre-
subscribed to the within instrument and ac-
knowledged to me that hefshefteq executed
the same in his he e;,= authorized
capacity(}, and that by hisf#eF�t#e+r
signature(e) on the instrument the personH,
or the entity upon behalf of which the
person(&) acted, executed the instrument.
PATRICIA A. GUERRERO
Mc@COMNI.
COMM. tt1240591 3 WITNESS my hand and official seal.
VNOTARY PUBLIC-CALIFORNIA Q
LOS ANGELES COUNTY 0
EXP: NOV. 24, 20Z �
�J SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
® CORPORATE OFFICER
President/Secretary
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Cotton/Beland/Associates, Inc.
DESCRIPTION OF ATTACHED DOCUMENT
Professional Services Contract
Between the City of Huntington Beach
and Cotton/Beland/Associates, Inc.
TITLE OR TYPE OF DOCUMENT
Eleven plus Table of Contents
NUMBER OF PAGES
March 1, 2000
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
-CITY
auNTI MrON BEACH
November 15,1999
Submitted by:
City of Huntington Beach
Planning Department
2000 Main Street
Huntington Beach, CA 92648
MR
TABLE OF CONTENTS
TITLE
PAGE
I
INTRODUCTION
1
I.I. Background
1
1.2. City of Huntington Beach
1.3. Project Objective
1
1.4. Role of Consultant
1
II
PROJECT BACKGROUND
2
2.1 RHNA Allocation
2
2.2 General Plan
2
III
SCOPE OF SERVICES
2
3.1 Update Background Data
2
3.2 Evaluate Policies and- Programs
3
3.3 Public Participation Program
3
3.4 Environmental Documentation
3
3.5 Housing Element Documentation
3
3.5.1 Housing Element Format
3
3.6 Meeting Attendance
3
3.7 Schedule
4
3.8 Deliverables
4
IV
PROPOSAL SUBMITTAL REQUIREMENTS
5
V
BUDGET
5
5.1. Insurance/Indemnification Requirements
5
VI
SELECTION PROCESS
6
6.1 Evaluation Criteria
6
6.2 Interviews
6
6.3 Recommendation to City Council
6
6.4 Disclaimer
7
VII
PROPOSAL SUBMITTAL DEADLINE
7
VIII
CONTACT
8
IX
ATTACHMENTS
8
I. Introduction
1.1 Background
The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified
consultants who are interested in being considered for preparation of an update to the City
of Huntington Beach General Plan Housng Element. The City's HouVn* Element was
comprehensively updated and deemed in compliance by the State Department of Housing
and Community Development in March 1999. The purpose of the current update is to
reflect the new Regional Housing Needs Assessment (RHNA) figures and to adjust
policies and programs accordingly.
1.2 City of Huntington Beach
Huntington Beach is a charter law city and is located in the southwestern portion of
Orange County. It is adjacent to the Cities of Westminster and Fountain Valley to the
north, Costa Mesa to the east, the Pacific Ocean to the south and Seal Beach to the west.
Huntington Beach is situated approximately 28 miles southeast of Los Angeles and 90
miles northwest of San Diego.
The City of Huntington Beach, the sixth city formed in Orange County, was incorporated
in 1909 and encompassed 3.57 square miles with a population of 915. The City remained
small until a period between 1957 and 1959 when a series of annexations increased the
area under its jurisdiction by over twenty (20) square miles. These actions allowed
Huntington Beach to capture a large portion of the residential construction boom, which
occurred in western Orange County in the late 1950s and early 1060s. As a result, the
City's population grew dramatically from 11,492 in 1960 to 115,960 in 1970. Currently,
Huntington Beach is the third largest City in Orange County, following Anaheim and
Santa Ana. As of January 1, 1999, the City had an estimated population of 196,660
according to the State Department of Finance.
1.3 Project Objective
The objective in undertaking this project is to create a State certifiable Housing Element
that is internally consistent with the City of Huntington Beach General Plan.
1.4 Role of Consultant
The role of the consultant is to be an extension of the City's staff. The coasultant(s) are
expected to keep an open dialogue with staff and to work closely with staff in preparing
the updated Housing Element.
As an extension of staff, the consultant will be expected to function in the following
capacities:
-1- (g:nnbb\adV4)
• Provider of technical information.
• Provider of unbiased recommendations.
• Provider of solutions to potential conflicts. _ -
• Organizer.
• Facilitator & consensus builder.
Available to City staff via phone, fax, meetings, etc.
• Preparer of letters, memos, meeting minutes, staff reports, etc.
Presenter of staff reports, etc.
II. Proiect Background
2.1 RHNA Allocation
The expected RHNA allocation for the City of Huntington Beach is set forth below.
NO ~0-17 c41, ecl �
_
I�'� Inc-` o e --hitnt_
Household Growth
1,817
Very Low
388
19%
Vacancy Need
-156
Low
255
13%
Replacement Need
354
Moderate
400
20%
Construction Need
2,015
1 Above Moderate
972
48%
Total
1 2015
100%
2.2 General Plan
The City of Huntington Beach General Plan was comprehensively updated in May 1996
with the exception of three elements: Coastal, Growth Management and Housing. The
Housing Element was approved by the City Council February 1, 1999 and deemed in
compliance by the State the following month. The Coastal Element is currently in the
hearing process; the Growth Management Element dates to 1992.
III. Scope of Services
A Scope of Services is required in all proposals.
3.1 Update Background Data
While the City's Housing Element is current with respect to Census data, other areas will
require an update, including:
Fees
Rents, Sales Prices and Values
• Units at Risk
• Vacant Land Inventory
-2- (g:\mbb\adv\rfp)
0 V •
The City will make available to the consultant all previously prepared reports. At this
time, the following information is available:
• City of Huntington Beach General Plan Housing Element, February 1999 _
• Vacant Land Inventory, January 1998
• City of Huntington Beach General Plan, May 1996
3.2 Evaluate Policies and Programs 00
In repsonse to the new RHNA allocation, evaluate the existing goals, objectives, policies
and programs of the Housing Element in conjunction with Planning and Economic
Development staff.
3.3 Public Participation Program
Develop a public participation program, including public hearings and workshops.
3.4 Environmental Documentation
Prepare required environmental documentation in accordance with California
Environmental Quality Act requirements.
3. S Housing Element Documentation
Prepare the Housing Element, including draft and final versions, in response to comments
from the City and the State and in compliance with the Government Code and City
Direction. Facilitate the Department of Housing and Community Development's review
and assessment of the Housing Element.
3. S.1 Housing Element Format
This document should contain all required sections and be consistent with the format of
the City of Huntington Beach General Plan. It is expected that the current Housing
Element will be reorganized and reformatted to the extent feasible and practical given the
unique characteristics of a housing element. An electronic file of the current Housing
Element. is available as a Word document. The use of graphics is strongly. encouraged.
3.6 Meeting Attendance
The consultant shall assume the following minimum number of meetings. More meetings
may be suggested in the proposal. Payment for meetings will be based upon the actual
number of meetings. The proposed fee for meetings shall be segregated by type of
meeting and should include all necessary personnel and presentation materials.
-3-
(g:\znbb\advVt)
0
MEETINGS
Meetings with staff
4
Housing Committee Meetings/Public Workshops 4
Planning Commission
Study Sessions 1i
Public Hearings 1
City Council
Study Sessions
Public Hearings
The consultant may wish to develop a contingency for additional meetings into the
proposed budget.
3.7 Schedule
The City is requesting that the Housing Element Update commence upon notice to
proceed. The consultant should demostrate that the City will be able to meet the State
deadline for completion of the documents.
3.8 Deliverables
All documents shall be the property of the City of Huntington Beach. Documents shall be
organized so that they can be easily revised and reprinted, are adequately illustrated, are
computer compatible, and are easily understood by diverse public interests. The minimum
number of documents shall be as follows:
10 copies of Screencheck Draft Housing Element
2. 30 copies of Draft Housing Element plus one unbound reproducible original copy.
a. All graphics, charts, maps, and tables shall use black ink on 8 'h X 11 white
paper.
b. Copies shall be three -hole punched and shall be double -sided. f,
3. 35 bound copies of the Final EIR plus one unbound reproducible original copy and
computer disk(s) containing the document formatted for Microsoft Word 97 SR-1.
Also, any tables/charts/graphics in Microsoft Excel 97 SR-1 or other format
readable on Microsoft Word for Windows shall be submitted.
4. Preparation of environmental analysis.
-4- (g:\mbbladv\tt)
Each task noted above should be responded to by the consultant in the form of a technical
work statement. Each major work item should be related to a cost figure. The technical
work statement should contain the effort to be expended by the consultant in preparing
each task, and the time frame in which the task will be completed.
IV. Proposal Submittal Requirements
The City requests that proposals be organized and presented in a neat 4d logical form and
be relevant to the Scope of Services._ Proposals shall be clear, accuratt and
comprehensive. Excessive or irrelevant material will.not be favorably received. Proposals
should contain the following information:
1. Description of consultant's approach to fulfilling the Scope of Services, including
work tasks, schedule and costs associated with the Scope of Services.
2. A complete list of data and information required by the consultant(s) from the
developer and/or City with a time frame indicated for receipt of the data.
3. Information on the general qualifications of the proposing firm(s) and on the
particular experience of the firm relevant to the project at hand.
4. References.
V. Budget
There will be a fixed price contract. A "not to exceed" amount should be provided for all
miscellaneous expenses such as mileage, printing, etc. so that there are no costs to the City
which are not identified in the proposal.
5.1 Insurance/In.demnification Requirements
Consultant shall maintain and provide proof of the following minimum insurance during
the duration of the project:
1. General Liability Coverage - $1,000,000 CSL (Combined Single Limits) per
occurrence. If provided coverage is under a form which includes a designated
general aggregate limit, the aggregate limit must be no less than $1,000,000.
(Note: The City requires that the certificate of General Liability Insurance include
an endorsement naming the City of Huntington Beach, its Agents, Officers, and
Employees, as additional insured. The cancellation clause for General Liability
Insurance must also provide a mandatory thirty (30) day notice.)
2. Professional Liability Coverage - $500,000 per occurrence (Note: A "claims
made" policy is acceptable).
-5- (gAmbbW1*fp)
•
3. Workers Compensation Coverage - $100,000 bodily injury by accident, each
accident; $100,000 bodily injury by disease, each employee; $250,000 bodily
injury by disease, policy limit. (Note: The City requires that the certificate of
Workers Compensation Insurance include a cancellation clause for Workers
Compensation Insurance also provides a mandatory thirty (30) day notice.)
This insurance requirement may be waived by the City Council if it is determined that the
Scope of Service to be provided presents minimal legal exposure to t�kity. If such
waiver will be necessary, please indicate so in the proposal.
VI. Selection Process
6.1 Evaluation Criteria
Of primary importance in the selection of a consultant will be the overall quality of the
proposal as evidenced by previous accomplishments and a demonstrated willingness to
work with City officials, staff, and agencies.
The selection process includes staff screening of the proposals to evaluate the
consultant's capability to do the work. Staff, at its discretion, may also conduct follow up
interviews with former clients to ascertain service satisfaction and may require personal
interviews with the consultants.
6.2 Interviews
If warranted, consultants may be selected for interviews to be held the week of
December 13,1999. Should interviews be held, consultants will be notified of the
interview time by December 10,1999. The interview would allow those selected
consultants an opportunity to demonstrate their understanding of the City's needs toward
meeting its objectives. Any form of presentation may be used; however, the most
effective presentation will demonstrate the experience and ability of key personnel and
samples of the proposed product.
6.3 Recommendation to City Council
The staff will evaluate all eligible proposals and make the final recommendation for
selection to the City Council based upon the following criteria:
1. Technical and financial resources for performance prior to award of this contract.
2. Experience and organizational, technical and editorial skills and facilities prior to
award of this contract.
3. Demonstrated qualification of the project leader(s) and assurance of his or her
principal involvement in the project until its completion.
-6- (gAmbbNadv\rfp)
•
u
4. Ability to perform the required tasks within an acceptable time schedule.
5. Ability and experience to work closely with City staff and advisory bodies.
6. Regularly and easily available to City staff and for day and evening meetings, as .
required.
7. An equal opportunity employer and qualified and eligible to refiive and fulfill
award of this contract under all applicable laws and regulations.
8. Information provided by references.
9. Proposed costs that are competitive with other submitted proposals.
10. Ability to estimate and identify hidden and unforeseen costs.
11. Consultant's enthusiasm and creativity.
12. Consultant's oral presentation of the proposal and response to questions.
13. Past performance record with the City (if applicable).
14. A reasonable contract price.
6.4 Disclaimer
This Request for Proposals does not commit the City to award a contract, or to pay any
costs incurred in the preparation of the proposal. The City reserves the right to extend the
due date for the proposal, to accept or reject any or all proposals received as a result of
this request, to negotiate with any qualified consultant, or to cancel this Request for
Proposal in part or in its entirety. The City may require the selected consultant to
participate in negotiations and to submit such technical, fee, or other revisions of their
proposals as may result from negotiations.
VII. Proposal Submittal Deadline
Written proposals are due by 5:00 p.m., Wednesday, December 8,1999. Send or
deliver six (6) copies of the proposal to:
Mary Beth Broeren, Senior Planner
City of Huntington Beach
Planning Department
2000 Main Street
Huntington Beach, CA 92648
-7-
(gAmbb\adv\rfp)
VIII. Contact Person
Questions regarding the project and consultant selection process should be directed to:
Mary Beth Broeren, Senior Planner at (714) 536-5550
IX. Attachments
1. Sample Contract
2. City of Huntington Beach General Plan Housing Element
2
-8-
(g:4nbb\advlrfp)
Ip
r EwESI; ED
SAMPLE JUN 21 1999
PROFESSIONAL SERVICES CONTRACT BETWEEN'---J1 CF =:.A''+ a
THE CITY OF HUNTINGTON BEACH AND
FOR
40
THIS AGREEMENT is made and entered into this day of
1992 by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and
a corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide
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 said services, `
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. WORK STATEMENT'
CONSULTANT shall provide all services as described in the Request for
Proposal CT.FP'), and CONSULTANT's Proposal dated (both of which are
hereinafter referred to as Exhibit "A'), which are attached hereto and incorporated into .this
AGREEMENT by this reference. These services shall sometimes hereinafter be referred to as
the "PROJECT."
1
g/agedform/profs=v/6/18/99
SAMPLE
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
2. CITY STAFF ASSISTANCE
CITY shall assign a staffcoordinator to work directly with CONSULTANT in the
performance of this AGREEMENT.
3: 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 and all tasks
specified in Exhibit "A" shall be completed no later than from the 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 the.Scope of
Services on the Work Program/Project- Schedule. This schedule may be amended to benefit the
PROJECT if mutually agreed by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed dollars
5. PRIORITIES
In the event there are. any conflicts or inconsistencies between this
AGREEMENT, the CITY's RFP, or the CONSULTANT's Proposal, the following order of
precedence shall govern: 1) AGREEMENT, 2) the CONSULTANT's Proposal, and 3) the
CITY's RFP.
g/agredfbnWpmfsm/6/18/99
SAMPLE
•
0
6. 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 compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
7. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A."
B. 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
anysuch product; CITY shall identify specific requirements for satisfactory -completion. Any
such product which has not been formally accepted or rejected by CITY shall be deemed
accepted.
C. CONSULTANT shall submit to CITY an invoice for each progress
payment due. Such invoice shall:
1) Reference this AGREEMENT;
2) Describe the services performed;
3) Show the total amount of the payment due; a,
4) 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
3
g/ager1form/profserv/6/18/99
SAMPLE
i
0
5) 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 promptly approve the invoice, in which event payment shall be rilde 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 within seven (7) calendar days of receipt of the invoice, and the
schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that
past performance by CONSULTANT is in, or has been brought into compliance, or until this
AGREEMENT is terminated as provided herein.
D. 'Any billings for extra work or additional services authorized 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 paymnnt of such an invoice shall be treated as separate and apart
from the ongoing performance of the remainder of this AGREEMENT.
8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this
gage-J&n /profsm16/18199
4
SAMPLE
•
r-I
L
AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this
AGREEMENT is terminated, said materials may be used by CITY in the completion of the
PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of
fees determined to be earned by CONSULTANT to the point of termination or completion of the
PROJECT, whichever is applicable. CONSULTANT shall be entitled to retim copies of all data
prepared hereunder.
9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its
officers, officials, employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation, costs and fees of litigation of every nature) arising
out of or in connection with performance of this AGREEMENT or its failure to comply with any
of its obligations contained in this AGREEMENT except such loss or damage which was caused
by the sole negligence or willful misconduct of CITY.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance. of the work hereunder.
CONSULTANT shall maintain workers' compensation insurance,in an. amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injuryby accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000).bodily injury by disease, policy limit.
5
g1asme/fbmVprofsm/6/18n9
SAMPLE
•
•
CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY INSURANCE 0 0
In addition to the workers' compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
` within the scope of their duties, against any and all claims arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, its officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that CONSULTANT's insurance §hall be primary.
Under no circumstances shall the above -mentioned insurance contain a self-
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
6
g/agedfamVprofsm v/6/18/99
SAMPLE
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
professional liability in an amount not less than$1,000,000 per occurrence and in the aggregate:
A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the professional
services contractor's start of work (including subsequent policies
purchased as renewals or replacements).
B. CONSULTANT will make every effort to maintain similar insurance
during the required extended period of coverage following project
completion, including the requirement of adding all additional insureds.
C. 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.
D. The reporting of circumstances or incidents that might give rise to future
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall .
fiunish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this AGREEMENT; said certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
g/agrWform/profsm16/18199
7
SAMPLE
•
•
C. shall promise that such policies 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 covegges in force until
the work under this AGREEMENT is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the AGREEMENT.
CITY or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
14. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
AGREEMENT as an independent contractor. CONSULTANT shall secure at its expense, and
be responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder. '
15. TERNIINATION OF AGREEMENT
j• -
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 PROJECT is fully complete. Any termination of this AGREEMENT
8
g/agreedfbmVpm&m/6/18/99
SAMPLE
by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as
provided herein.
16. ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or c9tity without the
consent of CITY.
17. 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.
18. 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.
19. NOTICES
Any notice or special instructions required to be given in writing under this
AGREEMENT shall be given either by personal delivery to CONSULTANT's agent (as
designated in Section 1 hereinabove) br•to CITY's Director of 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, addressed as follows:
TO CITY:
Director of
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
g/agree/form/profso v/6/18/99
TO CONSULTANT:
N
SAMPLE
20. 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.
21. 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 C= shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
22. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's
fees.
REST OF PA GE NOT USED
10
g/agedfomm✓profsm/6/18/99
SAMPLE
23. ENTIRETY
The foregoing, and Exhibit "A"
attached hereto, set forth the entire
AGREEMENT between the parties.
r
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
California
By:
print name
ITS: (circle one) Chairnlan/PresidentNice President
Mayor
AND
ATTEST:
By:
print name
City Clerk
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary — Treasurer
APPROVED AS TO FORM:
REVIEWED AND APPROVED:
City Attorney
City Administrator
INITIATED AND APPROVED:
Director of
.1
11
g/agredfbnWprofsm/6/109
SAMPLE
SAMPLE
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON-BEACH AND
FOR
Table of Contents
1
Work Statement.......................................................................................................1
2
City Staff Assistance................................................................................................2
3
Time of Performance...............................................................................................2
4
Compensation..........................................................................................................2
5
Priorities........................................................................................2
6
Extra Work...............................................................................................................2
7
Method of Payment..................................................................................................3 _
8
Disposition of Plans, Estimates and Other Documents
.......................:...................4
9
Hold Harmless.........................................................................................................5
10
Workers` Compensation Insurance..........................................................................5
11
General Liability Insurance......................................................................................6
12
Professional Liability Insurance..............................................................................6
.13
Certificates of Insurance.....................................:....................................................7
14
Independent Contractor.............................................................................:..............8
15
Termination of Agreement ............... ..............................................:................:........ 8
16
Assignment and Subcontracting..............................................................................9
17
Copyrights/Patents...................................................................................................9
18
City Employees and Officials..................................................................................9
19
Notices.....................................................................................................................9
20
Immigration..........................................................................:...................................10
21
Legal Services Subcontracting Prohibited...............................................................10
22
Attorneys Fees.........................................................................................................10
23
Entirety.....................................................................................................................10
s, .
12
g/agredfom1proherv/6/18/99
SAMPLE
SCOPE OF WORK
The following outlines our proposed scope of work by task for update of the 2000-2005
Housing Element for the City of Huntington Beach. All documents will be provided to. the
City in Microsoft. Word/Excel 97, as requested by the City. An initial step in the work
program will be to work with staff to develop a document format to improve the Element's
readability, including more extensive use of charts and graphics.
CBA will update existing population, household, and housing unit counts using 1999
Department of Finance Statistics. Pursuant to the City's RFP, move extensive updating will
be undertaken in the following areas:
1. Update of Housing Market Information
CBA will compile current (1999) information on housing rental rates and sales prices.
Current market data will be compiled from a variety of sources, including: Construction
Industry Research Board, Data Quick Real Estate Market Information Services, local
Board of Realtors and Apartment Owners Association; and advertised rentals listed in
local newspapers and the Orange County Register. Given the continued escalation in
housing costs since adoption of the City's Element, this analysis will be important to
gain a better understanding of current housing affordability in Huntington Beach for
very low, low and moderate income households.
2. Residential Sites Analysis/RHNA
CBA.will prepare an inventory of the location and potential development capacity of
vacant and underutilized land in the City suitable for new residential development
during the 2000-2005 planning period. CBA will also evaluate residential growth
potential on underutilized sites, including opportunities for mixed use, underdeveloped
residential properties, second units, surplus public properties, and other potential sites
based on discussion with staff. CBA will evaluate the adequacy of this site inventory
in fulfilling the City's 2000-2005 regional housing needs allocation, determined by
OCCOG and SCAG to be 2,015 housing units. We will also evaluate housing
developed in the City since January 1998, as well as any pending developments to be
credited against the City's RHNA.
3. Evaluation of Assisted Housing Stock at Risk of Conversion to Market Rate
The Housing Element will need to document the number of deed -restricted low income
rental housing projects that are at risk of converting to non -low income uses during the
planning period of July 1, 2000 and June 30, 2010 due to termination of subsidy
contracts, mortgage prepayment, or expiration of restrictions on use.
Proposal for
City of Huntington Beach 2 2000-2005 Housing Element
■
r
The 1999.Element identifies two such projects - Huntington Breakers and.Seabridge
Villas. The expiration date on Seabridge Villas is soon approaching in-2000, requiring
a more definitive Plan of action for unit preservation. All cost information contained
in the at -risk analysis will be updated, and the program response refined accordingly.
4. Potential Housing Constraints
CBA will prepare an updated analysis of potential constraints upon the maintenance,
improvement or development of housing in Huntington Beach, focusing on revised City
fees, updated HMDA data on financing current development cost information and other
modifications in City development standards and regulations.
5. Evaluate Policies and Programs of Existing Housing Element
CBA will work with City staff to evaluate the existing goals, objectives, and policies,
and determine any adjustments necessary to reflect the new RHNA allocation. In order
to develop appropriate programs to address the housing needs of the City's residents,
CBA will review the housing programs in the existing Housing Element, and evaluate
the effectiveness of these programs in delivering housing services.
I.6. Public Participation Program
CBA will work in conjunction with City staff to develop an appropriate public
participation program for the Element update. Pursuant to the City's RFP, we have
included the following meetings in our scope of services and budget. However, based
on our recent experience in the City and our understanding that no significant new
housing issues have arisen, we would anticipate fewer meetings before the Housing
Committee, resulting in a cost savings to the City.
Housing Committee Meetings/Public Workshops 4
Planning-Commission/City Council Study Sessions 2
Planning Commission/City Council Public Hearings 2
7. Draft Housing Element
Based on the evaluation conducted in the prior phases, combined with input from City
staff and community input, the City's existing Housing Element will be updated and
reformatted with extensive use of graphics to develop a highly readable document. A
comprehensive_ program will be developed which:
i) Identifies the availability of sites for the development of a variety of housing types
for all income levels, including rental housing, factory -built housing,
Proposal for
City of Huntington Beach 3 2000-2005 Housing Element
h
P11-i
7
I
E
mobilehomes, emergency shelters and transitional housing to meet -the City's
identified housing needs;
ii) Contains programs to assist in the development of adequate housing to meet the
needs of low and moderate income households;
iii) Addresses, and where appropriate, mitigates the constraints which government
imposes on the maintenance, improvement, and development of housing;
iv) Contains programs to preserve and improve the condition of the City's existing
affordable housing stock;
v) Ensures that housing opportunities are available for all persons regardless of age,
religion, sex, marital status, ancestry, national origin, or color; and
vi) Achieves internal consistency with other general plan elements and community
goals.
Housing goals will be identified for the City related to the affordability, availability, and
adequacy of the City's housing stock, with corresponding. housing policies to provide
a specific guiding action and clear commitment to -the goal. Each policy will be related
to one or more implementing programs which will specify five-year housing goals,
funding sources, implementation time frames, and agencies responsible for program
implementation..
Based on direction received from staff, CBA will make any appropriate revisions to the
screendraft Element and will prepare a public review draft Element for submittal to the
State to initiate their maximum 45-day review period. The Draft Element will also be
made available in public locations for review and comment.
Products --Screencheck Draft Housing Element (10 copies)
Draft Housing Element (30 copies)
8. Environmental Documentation
Based on the current Housing Element, we anticipate preparing a Negative Declaration
to serve as environmental clearance for the Element. If however significant land use
changes were ultimately proposed as part of the Housing Element, a Mitigated Negative
Declaration, or EIR may be necessary. For purposes of budgeting, we have assumed
preparation of a Negative Declaration at this time. Our budget also assumes CBA is
responsible for distribution of the Negative Declaration.
1
Proposal for
City of Huntington Beach 4 2000-2005 Housing Element
r '
Products Initial Study/Negative Declaration (33 copies) -
Responses to Comments
9. Public Review and Finalization
Upon receipt of comments from HCD on the Draft Housing. Element, CBA will draft
a memo identifying any recommended changes to the Element necessary to achieve
HCD compliance. CBA project manager will assist City staff in conducting the City
Council and Planning Commission public hearings on the Draft Element. All
comments and changes arising from these meetings will be prepared for incorporation
into the final documents.
7
A
r
In the event that HCD approval of the Housing Element cannot be achieved, CBA can
assist the City in preparing written findings to be included in the resolution of adoption.
The findings will explain the reasons the City believes that the Element substantially
complies with the requirements of the housing element law. The cost for preparation
of findings is not currently included in the project budget.
Products Memo identifying recommended changes to Draft Element
Adopted Housing Element (35 copies, unbound reproducible, computer
disk)
Findings (optional - as needed)
Proposal for
City of Huntington Beach 5 2000-2005 Housing Element
•
COST SCHEDULE
The budget on the following page is our best estimate of the time and costs required to
complete the Scope of Services outlined in our proposal for the Huntington Beach 2000-2005
Housing Element Update. Costs are identified by individual staff members by indicating
number of hours for each phase of the work program multiplied by hourly billing rates.
Billing rates reflect both direct labor and overhead costs.
The project budget represents a firm offer by Cotton/Beland/Associates to complete the
Scope of Services outlined for the total budget amount. This offer is good for 90 days from
■
1
the date of the proposal.
Requirements for City staff assistance in data collection are minimal, and are related
primarily to providing information on accomplishments under adopted programs; residential
site inventory data; and compilation of published information on city regulations, housing
studies, etc.
1
i
1
.
1
1
.
Proposolfor
City of Huntington Beach 6 2000-2005 Housing Element
.I
•
•
I
CITY OF HUNTINGTON BEACH
2000-2005 HOUSING ELEMENT
Staff Person:
Hourly Rate:
Cotton
Warner
Lawrence
Lau
Graph
WP
Total
$120
$100
$70
$50
$45
$40
1. Housing Market Data
2
2
12
2
2
$1,110
2. Residential Sites/RHNA
6
4
12
4
2
$1,740
3. Units At Risk Analysis
4
6
1
$740
4. Housing Constraints
4
12
2
2
$1,170
5. Evaluation of Existing
Policies/Programs
2
8
2
$840
6. Public Participation Program
Staff Meetings (4)
61
6
1
$1.020
Housing Committee Meetings (4)
12
12
4
2
$2,300
PC/CC Study Sessions (2)
6
6
4
2
$1,280
PC/CC Public Hearings (2)
6
6
2
2
$1,210
7. Draft Housing Element.
2
16
8
12
16
8
$4,040
8. Environmental Documentation
4
16
8
2
2
$2,090
9. Public Review and Finalization
1
6
4
4
2
4
$1,450
Reproduction (75 documents @$15/ea
35 reports/Neg Dec @ $5/ea)
$1,300
Travel/Postage/Phone/Misc.
$500
Total Housing Element
3
74
72
68
38
27
$20,790
City of Huntington Beach
Proposal for
7 2000-2005 Housing Element
I
i
1
1
1
1
1
STANDARD FEE SCHEDULE
" CottonBelan d/Associates, Inc. -
For services provided where reimbursement is to be on an hourly basis, the following
rates are used:
Senior Principal
$120.00 per. hour
Principal
$12.0.00 per hour
Senior Associate, Principal Planner,
$90.00 - $100.00
Senior Environmentalist
per hour
Planner, Environmentalist
$75.00 - $90.00
per hour
Assistant Planner, Environmentalist,
$50.00 - $70.00
Computer Technician
per hour
Support Planner, Environmentalist
$35.00 - $50.00
per hour
Graphics Technician.
$40.00 - $55.00
per hour
Word Processing Technician
$40.00 - $50.00
per hour
Non -Technical Support Person
$25.00 per hour
Printing and copy work, per diem, long distance telephone and similar costs are
invoiced at 1.15 tunes our cost. Subcontract costs are invoiced at 1.20 times the
actual subcontract cost. Mileage charges are $.35 per mile.
This schedule is effective through December 31, 1999, and is subject to revision
annually thereafter.
I-99
•
•
TIME SCHEDULE
While the current statutory deadline for adoption of the Element is June 30, 2000, both
SCAG and HCD have indicated support for a six month extension, with an urgency bill to
be introduced when the State legislature reconvenes in January. In our experience, a
minimum six month period is typically necessary to finalize a'draft Element for submittal to
HCD where significant public involvement is incorporated into the process as in Huntington
Beach. While we have developed the following schedule based on a June 30`h deadline, we
would recommend extending the time schedule two -three months if the extension is granted
by the State. It should be noted that our ability to meet the following schedule is contingent
upon prompt availability of material and review of draft documents by staff.
1. Project Initiation
January 2000
2. Provision of City input on following data items: February 2000
— Residential Sites
— Current Fees
- Program Accomplishments
3. Screen Draft 2000-2005 Housing Element April 2000
4. Draft Element/Submittal of Draft Element to HCD for 45 May 2000
day review
5. Negative Declaration/ 21 day circulation May 2000
6. Planning Commission/City Council Public Hearings June 2000
Submittal of Adopted Element to HCD
Public involvement in the process, including Housing Committee Meetings and Study
Sessions. before the Planning. Commission and .City. Council, will be integrated upon
development of the Public Participation Program in conjunction with staff.
Proposal for
City of Huntington Beach 9 2000-2005 Housing Element
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
COTTON/BELAND/ASSOCITES, INC.
_FOR
PROFESSIONAL PLANNING SERVICES TO
PREPARE THE CITY OF HUNTINGTON BEACH
2000-2005 HOUSING ELEMENT UPDATE
Table of Contents
1
Work Statement.......................................................................................................1
2
City Staff Assistance................................................................................................2
3
Time of Performance...............................................................................................2
4
Compensation..........................................................................................................2
5
Priorities........................................................................................2
6
Extra Work...............................................................................................................3
7
Method of Payment..................................................................................................3
8
Disposition of Plans, Estimates and Other Documents...........................................4
9
Hold Harmless.........................................................................................................5
10
Workers' Compensation Insurance...........................................................................5
11
General Liability Insurance......................................................................................6
12
Professional Liability Insurance..............................................................................6
13
Certificates of Insurance..........................................................................................7
14
Independent Contractor............................................................................................8
15
Termination of Agreement.......................................................................................8
16
Assignment and Subcontracting...............................................................................9
17
Copyrights/Patents...................................................................................................9
18
City Employees and Officials..................................................................................9
19
Notices.....................................................................................................................9
20
Immigration..............................................................................................................10
21
Legal Services Subcontracting Prohibited...............................................................10
22
Attorney's Fees.........................................................................................................10
23
Entirety.....................................................................................................................
f 1
•
Cl
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
COTTON/BELAND/ASSOCITES, INC.
FOR
PROFESSIONAL PLANNING SERVICES TO
PREPARE THE CITY OF HUNTINGTON BEACH
2000-2005 HOUSING ELEMENT UPDATE
THIS AGREEMENT is made and entered into this `5 day of
2000, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY," and
COTTONBELAND/ASSOCIATES, INC., a California corporation, hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide planning
services to prepare the City of Huntington Beach 2000-2005 Housing Element Update; 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 said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal ("RFP"), and CONSULTANT's Proposal dated December 8, 1999 (both of which are
hereinafter referred to as Exhibit "A"), which are attached hereto and incorporated into this
AGREEMENT by this reference. These services shall sometimes hereinafter be referred to as
the "PROJECT."
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/06
•
CONSULTANT hereby designates Donald A. Cotton, 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. 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 and all tasks
specified in Exhibit "A" shall be completed no later than 14 months from the 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 the Scope of
Services on the Work Program/Project Schedule. This schedule may be amended to benefit the
PROJECT if mutually agreed by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Twenty Thousand Seven Hundred Ninety Dollars
($20,790.00).
5. PRIORITIES
In the event there are any conflicts or inconsistencies between this
AGREEMENT, the CITY's RFP, or the CONSULTANT's Proposal, the following order of
precedence shall govern: 1) AGREEMENT, 2) the CONSULTANT's Proposal, and 3) the
CITY's RFP.
2
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/00
6. 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 compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
7. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A."
B. 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. Any
such product which has not been formally accepted or rejected by CITY shall be deemed
accepted.
C. CONSULTANT shall submit to CITY an invoice for each progress
payment due. Such invoice shall:
1) Reference this AGREEMENT;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's
firm that the work has been performed in accordance with the
provisions of this AGREEMENT; and
3
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/00
• 9,
5) 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 promptly 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 within seven (7) calendar days of receipt of the invoice, and the
schedule of performance set. forth in Exhibit "A" shall be suspended until the parties agree that
past performance by CONSULTANT is in, or has been brought into compliance, or until this
AGREEMENT is terminated as provided herein.
D. Any billings for extra work or additional services authorized 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.
8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this
4
4/s:4-2000 Agree: CottonBeland
RLS 00-043
2/ l 0/00
•
•
AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this
AGREEMENT is terminated, said materials may be used by CITY in the completion of the
PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of
fees determined to be earned by CONSULTANT to the point of termination or completion of the
PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data
prepared hereunder.
9. HOLD HARMLESS
CONSULTANT shall indemnify and save and hold harmless CITY, its officers,
and employees, from any and all liability, including any claim of liability and any and all losses or
costs arising out of the negligent performance of this AGREEMENT by CONSULTANT, its
officers or employees.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONSULTANT shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/00
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONSULTANT shall similarly require all subcontractors.to waive subrogation.
It. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, its officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that CONSULTANT's insurance shall be primary.
Under no circumstances shall the above -mentioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
6
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/10/00 .
•
professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate.
A claims -made policy shall be acceptable if the policy further provides that:
A. The policy -retroactive date coincides with or precedes the professional
services contractor's start of work (including subsequent policies
purchased as renewals or replacements).
B. CONSULTANT will make every effort to maintain similar insurance
during the required extended period of coverage following project
completion, including the requirement of adding all additional insureds.
C. 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.
D. The reporting of circumstances or incidents that might give rise to future
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this AGREEMENT; said certificates 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 policies shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30)
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/00
•
•
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 coverages in force until
the work under this AGREEMENT is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the AGREEMENT.
CITY or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
14. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
AGREEMENT as an independent contractor. CONSULTANT shall secure at its expense, and
be responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
15. 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 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.
8
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/10/00
16. ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
17. 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.
18. 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.
19. NOTICES
Any notice or special instructions required to be given in writing under this
AGREEMENT shall be given either by personal delivery to CONSULTANT's agent (as
designated in Section 1 hereinabove) or to CITY's Director of Planning 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, addressed as follows:
TO CITY:
Director Planning
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
9
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/00
TO CONSULTANT:
Donald A. Cotton, AICP
Cotton/Beland/Associates, Inc.
747 East Green Street, Suite 300
Pasadena, CA 91101
20. 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.
21. 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.
22. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's
fees.
SIGNATURES ON NEXT PAGE
10
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/00
23. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire
AGREEMENT between the parties.
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.
COTTONBELAND/ASSOCIATES, INC
a California corporation
By:d4lalwLI�;hL
a COCA,
print name
ITS: -(circle one) Chairman/P siden Vice President
AND
By:
spa60
print name
ITS: (circle one) creta /Chief Financial Officer/Asst.
Secretary — Treasu
REV APPROV
(r
City dministrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
J/ ole� ILA rtnt
i y Attorney „1vo
INITIA ED AND APPROVED:
71!!
rector of Pl ing
11
4/s:4-2000 Agree: Cotton/Beland
RLS 00-043
2/ 10/00
J niV-YJy-L47I9I� 1-1%:A-( I-IITTnm mm nkin nr-crw-tnTCC
41
•
__ . . -..
---...... . ,.......,...... �... ...... OGO ,�C7y U4VJG r. IOSiO4
Ai:oru. CEO : fi=i" ' E Ot= tNSC1 ICE :..:::._ ISSUE OATS (mI:oco"
8/23/99
PRaoucl
THIS CERTIFICATE IS ISSUED AM MATTER OF INFORMA-RON ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
ODES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
ARIS INS SERVICES
COMPANIES AFFORDING COVERAGE
2101 BUSINESS CTR DR #230
..................................._.........._..._....._....._........................................•....
IRVINE CA 92612
COuPANY A
LETTER ZURICH INSURANCE CO. ............. ........
..............
CCuPANY B
INSURED
LETTER • ZURICH INSURANCE CO.
COTTON/BELAND/
..................................................................................................
cOUPANY C
ASSOCIATES INC.
LErIaR
747 E GREEN ST # 3 0 0
coMPANY
ma
PASADENA CA 91101
AMERICAN ZURICH ............. .
COmpmY
L>E
:COVERAGES:
rmis !S TO CERTIFY THAT THE AOUCIEs OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INOICAT'ED. NOTWITHSTANOING 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.. ... ................................ ............. ................................................................ ... ..
to POLICY 9XPIRATIM
LT" TVPB OF *"RANCI POUC/ NUMBER PDAATTEY(��1 OATS WW)DW" Laura
G UNJUL uA/LLm 33574816
9101799 9 01 0 0' GENERAL ArwaGATH ' s 2, 0 0 0, 0 0 0
X COMMEPCIAL GENERAL LIABILITY
PROOUCTS{,QMPA7P mr- s 2 0 0 0 0 0
�....................... 0...
calms wloe' X occuP.
............._..._................_._.....••-••-.....
PEJLSONAL I ACV. M1URY 31,000,000
.............. ..........
OwNews I CCINTRACMAT PROT.
...—.._............... ......................,...........................
EACH OCCURRV CE 5000,000
.......... ........................................................... .
FIRE OAMArrE y" 4.M sl 000 000
max PxP£Nse ww or . - 1 310 , 000
AuroMat 33574816
9101199 9 01 0 0 cougmEo SINGLE
X. ANY AUTO
umm ..................._...................... 1. r.. 00.0,_000
4i OWNEa7IU7dS
WILY wJtigr . - - - - -......
SCb4fZU=AUTOS
0 FORtd: (Pruwswl ...s
t1S T..........................................----.........................
.. x.. NwEDALrtOS R.Yr„�:;`:
i.1) SWILY VQUAY s
X NO•VMiWAUS I,iTCiv
.......... _
IPr-Abd")
GARAGE UAWLITY
......... C 1 T .i
t� i"i `" • i PROP6ATv OM/ACiE s
EIC£SI UAWLITY
Olney FaCH OCCUAAENCE s
+: Att_..................................:...... ..................... ....
UMBRELLA FORM DE
...•..•..
�' , C ] , y AGOREGATS f
OTHER TAN UMORp1A FORM i
� .. .
W ORKIA'E eaMPENOATWH 2042917
9 O 1 9 9 9 01 O O X STATUTORY LAWTS
............................... -.._._._... ,
AND
EACH .AC.=Wr ......................
........_..........._.......
OLSE&W-PouCY umrr : s2 , 0 0 0, 0 0 0
EMPLOYERS' UAGUJW
••
- ' WSEASE-EACH EMPt pYEE $2 , 0 0 0 , 0 0 0
OTHER
DESCRIPTION OP OPW'"OkS&OCATION.,NQIICLEsfSPECIAL MWAS
SEE ATTACHED ENDORSEMENT
f..
CER RFLCATE:HO ;,... ax >>,
C.DER:,:,,;;...:.<:..,:....:.:.....:::.....:
ON:.... .......
aY .1❑QTTCF VHI [��/�
gmwf-
SHOU{.0 ANY OF THE ABOVE OESCRtBEO P01I as BB THE
EXPIRATION DATE TI+EREOF, THE MSUM COMPANY WRL O
MAIL 3 0 DAYS WRIT EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF HUNTINGTON BEACH
LEFT, BUL. L E O A
ATTN: DIRECTOR COMM DEV
u hI s s TIV
200 MAIN ST
KUNTINGTON BCH CA 92648
AunaomaeaaglaBoeATIVI
SHERRY YOUNG Y
..
FOR ARTS
K n... •.,
caaas ,.
rA .(ffBQj;<::• .- ."` ,� ..�.'�.::'..::<; e N �`,r•4 « ;?:. ;.!:i' .: "` waamRd.CORPOpAT.TOtIi'i99�
��•-r�ti-cernn 1.3•4r LUTTON EELRND RSSQCIRTE!5-- 626 3M 04ud F'.{04/U4
•
•
0
Producer: ARIS
This endorsement, effective 09/Ol/99 forms a part of Policy Number
33574816 issued to COTTON/BELAND/ASSOCIATES INC by Zurich Insurance
Company.
ADDITIONAL INSURED ENDORSEMENT
SECTION II - LIABILITY INSURANCE
NAME OF ADDITIONAL DESCRIPTION OF
INSURED PREMISES
THE CITY OF HUNTINGTON BEACH, ITS ALL PLANNING
AGENTS, OFFICERS & EMPLOYEES SERVICES PERFORMED FOR
200 MAIN STREET ADDITIONAL INSURED
HUNT.INGTON BEACH,_ CALIFORNIA �92648
**SEE ATTACHED FORM XCG2010"
Additional premium charged: NONE
ARIS: Y
SHERRY YOUNGFOA ARIS
(Authorized Representative)
Issued: 8/23/99
TOTAL P.04
ACORD CERTIFICA OF LIABILITY INSUR E
DATE (MMIDDIYY)
01 /04
01/04/2000
PRODUCERSerial;; AlUbt
ARIS INSURANCE SERVICES
THIS CERTIFICATE 13 ISSUED A
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2101 BUSINESS CENTER DR., #230
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
IRVINE, CA 92612
LICENSE NO. 0795446
INSURERS AFFORDING COVERAGE
INSURED
INSURER A: WESTPORT INS URANCE CORPORATION
COTTON/BELAND/ASSOCIATES INC.
INSURER B:
747 E. GREEN ST., #300
INSURER C:
PASADENA, CA 91101
INSURER D:
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.
INS
LTR TYPE OF INSURANCE
POLICY NUMBER
ATION
DATE MM/DD i DATE MM/DD LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any one fire)
$
CLAIMS MADE D OCCUR
MED EXP (Any one person)
$
$
PERSONAL E ADV INJURY
$
GENERAL AGGREGATE
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$
POLICY PE O LOC
1
AUTOMOBILE LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
ALL OWNED AUTOS
SCHEDULED AUTOS � ` -` T " -' -
i
BODILY INJURY
(Per person)
HIRED AUTOS"
NON -OWNED AU rOS
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
iBY
(Per accident)
: I
{ -;_ r F
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
ANY AUTO U-0
I
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR 7 CLAIMS MADE
AGGREGATE
$
1
$
DEDUCTIBLE
1 $
RETENTION $
$
WnRKFRS COMPENSATION -AND - _ . TORY LIMITS, FIR I
EMPLOYERS' LIABILITY
I E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
OTHER
A PROFESSIONAL LIABILITY
�AEPI_101149-0 01/12/00 I 01/12/01
LI: $1,000,000/$2,000,000
i
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
PROFESSIONAL LIABILITY LIMIT IS PER CLAIM/POLICY AGGREGATE
r A A A 'AI L e
!`FRTIFIf`ATC 41A1 1'1C92 . ....... ..........._-......._.. �.--_ PA IdPCI I ATIAW - -- "- ' — """ —' —" %� -a..u"^A 1V1%J r-%Jrl I'lUl\I-
THE CITY OF HUNTINGTON BEACH
ATTN: DIRECTOR COMMUNITY DEV.
200 MAIN ST.
HUNTINGTON BEACH, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
DATE THEREOF, THE ISSUING INSURER WILL ND V MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, MC5^LIRE O S LL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No.5907
State of California
County of Los Ange]_eS
On March 8, 2000
DATE
before me, Patricia A. Guerrero, Notary Public
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared Donald A. Cotton------------------------------------------,
NAME(S) OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(* whose name(-isL-a#@
subscribed to the within instrument and ac-
knowledged to me that heir executed
the same in his/"ter; authorized
capacity(+e-s), and that by hisMerftit
signature(* -on the instrument the person(14,
or the entity upon behalf of which the
person(v) acted, executed the instrument.
PATRICIAA.GUERRERO WITNESS my hand and official seal.
V COMM. 91240591 9
NOTARY PUBLIC-CALIFORNIA C)
LOS ANGELES ICOUNTY Q -
,, a COMM. EXP. NOV. 24, 2�
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL Professional Services Contract
X❑ CORPORATE OFFICER Between the City of Huntington Beach
and Cotton/Beland/Associates, Inc.
President/Secretary TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Cotton/Beland/Associates, Inc.
Eleven plus Table of Contents
NUMBER OF PAGES
March 1, 2000
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
•
•
•
CITY OF HU TI'INGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
I, Name/Title/Department of Requesting Staff Member,
2. Date of Request / 46
3. Name of Contractor/Permittee
4. Description of work to be performed aooa —Sao r n-s ue=
5. Length of Contract
6. Type of Insurance Waiver or Modification Requested:
(a) Limits: (b) Coverage
7. Reason for Request for Waiver or Reduction of Limits
et_..
8. Identifi? the risks to the City if.this request for waiver 9,r modifications granted � /i,4 /e
u�C , ,- ,
Department Head Si
(This section to be completed by -the Risk Manager)
Recommendation:
Approve Deny Risk Manager's Signature/Date
+ (This section to be completed by the City Attorne))
Recommendation:
Approve Den City Attorney's Signature/Date
Settlement Co.:L-nittee approval [is
[is not) required fcr L'vr Settlement Con=*rtee appr -al is required,
submit form to City Anorney's ice to be placed on the agenda. Recommendation: Approve Deny
City Council approval [is] is not) required for this waiver. If City Council approval is required, attach this form to the
RCA after consideratio y the Settlement Committee. This insurance waiver (is) (is not) on City Council agenda.
JmpfK1resoutiorYnsregi9/11197
7
CITY OF HL,TTTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
I. Name/Title/Department of Requesting Staff Member:2 to rj i3irn�lLa� .Z q-,ya ^�
2. Date of Request_��
3. Name of Contractor/Pertnittee CoT7'v�✓�� E � flSSoe 144t S e ,
4. Description of work to be performed �,zaT��-� i /� �- C; ry s
5. Length of Contract t/l y) ^-,d7 M S
6. Type of Insurance Waiver or l`iodification Requested: /�/Lo �gsS sN 4- L
(a) Limits: (b) Coverage
7. Reason for Request for Waiver or Reduction of Limits
-D4.-P"LT 96— AA1a—I- i ,
8. Identify the risks to the City if this request for waiver or modifications granted Vi44-: X / f /C To Tlr� C) r), t
/S �,,v,M,4L jj6.«�•�sd- .STi4Fr �,,iLL �� (,Jv2K�,✓ls GLat�f-Ly �•iT�r
• CO�'$,.,.(,Ta•�r A-a17 Co.,�S�,.Li�T /r/,4S p!t-��'.4-iZs-� C�TrS �oi.�f,,.r(� IF. �.�.�►'►��'I''�/+-6-�lOws�.
Department Head Signature
(This section to be completed by the Risk Manager)
Recommendation:
Approve Deny Risk Manager's Signature/Date
1. (This section to be completed by the City Attorne))
Recommendation:
Approve Deny City Attorneys Signature/Date
Settlement Comurnittee approv [is [is not] required for uhis waiver. if Settlement Committee appr val is required,
submit form to City Attorneys tce to be placed on the agenda. Recommendation: Approve Deny
City Council approval[is [is not] required for this waiver. If City Council approval is required, attach this form to the
• RCA after consideratio y the Settlement Committee. This insurance waiver [is] [is not] on City Council agenda.
jmp/k/resoutionlnsreg19/11 /97
7
CONFIDENTIAL RECORDS
Pursuant to Government Code §6245B b.
Attorney -Client Privilege
Date 1/18/00
Item:
❑ Title Number
,KLanguage/Insurance Modification -Agreement Cotton, Beland & Associates
Motion by: Jennifer McGrath QPIG
C� r�11%
Y
!46
"ITt�
aYtita „�
Vote by
Signature Yes No
GQe
Signature Yes No
Karen foster
Signature Yes `/ No
y MA
Motion Passed Motion Failed
attymisc/settcomfform/1 /14/00
H
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Connie Brockway, City Clerk
FROM: Duane Bankey, Planning Senior Department Analyst
SUBJECT: Documentation regarding RFP's for the contract between the City and
Cotton/Beland/Associates to Prepare the 2000-2005 City of Huntington
Beach Housing Element Update
DATE: April 6, 2000
Pursuant to Huntington Beach Municipal Code 3.03.060(b), written proposals from not less than
three Consultants are required prior to the City making a selection for a Consultant for a
particular project.
The Consultant selected to prepare the 2000-2005 City of Huntington Beach Housing Element
Update is Cotton/Beland/Associates. This selection was based on the criteria contained in the
Request for Proposal.
Additional bid proposals were requested from:
• Lawrence Associates
• Ralph P. Castaneda Associates
The duration of this agreement is fourteen (14) months from approval of the contract by the City
Council.
cc: Mary Beth Broeren, Senior Planner
g Abankey\memos\M 00-24C B