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HomeMy WebLinkAboutFREEDMAN, TUNG AND BOTTOMLEY, INC. & ROSENOW SPEVACK GROUP, INC - 2006-09-05�7. �tG„1 ZCL tr S Sl �GJ 11 /; � ,t 7-,-�ECa/7Z; le -PT Council/Agency Meeting Held: /7- OVO -7-- Deferred/Continued to: Approved 0 C nditionally Approv d U Denied ity erk' Signa r Council Meeting Date: 9/17/2007 Department ID Number: PL07-30 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENALOPE U BRETH GRAFT, DPA, CITY ADMINISTRATOR PREPARED BY: STANLEY SMALEWITZ, DEPUTY EXECUTIVE DIRECTOR 5 & SCOTT HESS, DIRECTOR OF PLANNIN94 SUBJECT: APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH FREEDMAN, TUNG AND BOTTOMLEY FOR BEACH BOULEVARD/EDINGER CORRIDOR STUDY Statement ofissue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: Submitted for Council approval is an amendment to the professional service agreement with Freedman, Tung and Bottomley for the Beach Boulevard/Edinger Avenue Corridor Study in the amount of $117,599. Funding Source: An appropriation of $117,599 from the Redevelopment Agency Merged Capital Funds to the Redevelopment Agency Professional Services Account, 30580101.69365. Recommended Action: City Action Motion to: "Approve and authorize the Mayor and City Clerk to execute the Amendment to the Professional Service Contract between the City of Huntington Beach and Freedman, Tung and Bottomley, Inc., in the amount of $117,599 for preparation of a corridor revitalization strategy and specific plan for Beach Boulevard (including Edinger Avenue)." Agency Action Motion to: "Appropriate $117,599 from Redevelopment Agency Merged Capital Funds to account 30580101.69365 for the FTB contract; authorize the Director of Planning to expend Agency Funds allocated to the FTB contract." REQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACTION MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: PL07-30 Alternative Action(s): The City Council may make the following alternative motion(s): "Deny the amendment to the Professional Services Contract between the City and Freedman, Tung and Bottomley, Inc." 2. "Continue the item and direct staff accordingly." Analysis: In September 2006, the City Council approved a professional service agreement with Freedman, Tung and Bottomley to prepare a corridor study for the Beach Boulevard/Edinger Avenue corridor. The Beach Boulevard Revitalization Strategy and Specific Plan is intended to determine and implement a clear vision for growth and change along the Beach Boulevard Corridor. This effort will incorporate Edinger Avenue. The specific configuration that new public and private investment along the corridor will take will be determined by a planning process involving city officials, citizens, stakeholders and city staff. Specifications to guide land use and development intensity, site layout, building design, site landscaping and signage will be detailed in the document created from this effort. Land use and development standards contained in the specific plan will be drafted to replace pre-existing zoning regulations, and to assist the community to more effectively attract investment and improve the evolving image and identity of the City. Work has been proceeding as anticipated on this project since approval of the agreement, with the 3rd community meeting held on August 27. Findings from the first two community workshops indicate additional demands on the project not anticipated in the original scope of work, particularly in regards to traffic on these two thoroughfares and. accelerating Edinger Avenue opportunities. Staff believes it is appropriate to address these issues as part of the greater effort on these corridors in order to better integrate mobility issues with the urban design concepts. The original agreement is between the City and FTB, with the Redevelopment Agency funding approximately 25 percent of the project. The Redevelopment Agency would fund the scope of work in the amendment. Strategic Plan Goals: City Services 1. Improve transportation through a variety of means, including improving traffic flow, synchronizing traffic signals, traffic calming, and alternative transportation methods such as bike and walk paths. The amendment focuses on transportation issues for the largest thoroughfare in the City. Economic Development Project 2. Complete the Beach Boulevard/Edinger Corridor Study. -2- 9/4/2007 1:18 PM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: PL07-30 Environmental Status: Projects over which public agencies exercise ministerial authority, such as this agreement contracting for preparation of environmental documentation, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. Attachment(s): -3- 9/4/2007 1:18 PM ATTACHMENT #1L] AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND FREEDMAN, TUNG & BOTTOMLEY T# THIS AMENDMENT is made and entered into the day of SC,� 2007, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and FREEDMAN, TUNG & BOTTOMLEY, a sole proprietorship, hereinafter referred to as "FTB." WHEREAS, City and FTB are parties to that certain agreement, dated September 5, 2006, entitled "Professional Services Contract Between The City of Huntington Beach and Freedman, Tung & Bottomley For Preparing Beach Boulevard Revitalization Strategy," which agreement shall hereinafter be referred to as the "Original Agreement," and City and FTB wish to amend the Original Agreement to provide for the performance of additional tasks by FTB and to provide for additional compensation to be paid to FTB for the performance of such additional tasks. NOW, THEREFORE, it is agreed by City and FTB as follows: ADDITIONAL WORK AND COMPENSATION The Original Agreement is hereby amended to incorporate the additional tasks and additional compensation as set forth in the `Beach/Edinger Corridors Plan — Additional Services: Staffing Budget Spreadsheet (v.3)" dated July 23, 2007, a copy of which is attached hereto as Attachment No. 1 and incorporated by this reference as though fully set forth herein. 07-1186/13786 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. FREEDMAN, TUNG & BOTTOMLY, a sole proprietorship am Its: '!1&�44e.PaA, , (print or type title) REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: City Attorney INITIATE AND APPROVED: Planning Director 07-1186/13786 2 FREEDMAN Beach/Edinger Corridors Plan -Additional Services: Staffing & Budget Spreadsheet (v.3) TUNG AND BOTIrOMLEY Prepared for City of Huntington Beach on 2007-07-23 Tasks: FTB Only Principal MF lPrincipal EG Sr. Assoc. Associate I urb. Dsgner 1proj. Lndscp. I Draftsman Proj. Asst. 11 Total hrs fees hrs fees hrs fees hrs fees hrs fees hrs fees I hrs fees hrs (md) fees Fees r.N111­1 "I g A4 aSds'TYNA-ft id!F, lainhi in"" -'Work' 'v�,in& u 6, 'X h il ty r S 6 nV "a N, ni kw N, Task 1. Organize insertion of traffic workshop $0 $0 $ol $0 $01 $o I $o 0 $0 $0 a. Develop workplan to choreograph insertion of traffic meetings. 2 $400 F2 $400 $0 2 $200 $0 $0 $0 3 $150 $1,150 b. Coordinate logistics and scheduling of inserted traffio- focused Community Workshop effort wl City Staff & A/F 11 $200 1 $200 $0 21 $200 $0 $o $0 2 $90 1 $690 Task 2. Analysis, Development of Solutions and Recommendations. $0 $0 $0 $o $0 $o $0 0, $0 $0, a. Prepare preliminary likely Edinger/Beach buildout scenario for analysis; transmit to City Staff & A/F. 5 $1,000 1 $200 0 $0 20 $2,000 0 $0 0 $0 $0 10 $480 $3,680 b. Coordinate focus of analysis with A/F. $0 2 $400 $0 $0 $0 $0 $0 1 $60 $460 c. Coordinate and attend June 9 Conf Call re: citywide data component w/ M. Broeren, B. Stachelski and A/F. 1 $0 21 $400 1 $0 $0 1 $o $o $0 1 1 $60 $460 d. Obtain information on planned development from Economic Development staff; transmit to A/F. 1 $200 $0 $0 1 $100 $0 $0 $0 1 $45 $345 e. Review preliminary results; discuss w/ A/F $0 2 $400 $0 $0 $0 $0 $0 1 $60 $460 Task 3. Working Session with A/F and Bob Stachelski at FTB 6 $1,200 -,6 $1,200 $0 6 $600 $0 $0 $0 9 $450 $3,450 Task 4. Core Team (or Core Team SO -Committee) Working Session ln,Huntington Beach $o $0 so, 10 $0, $0 10 0 $0 $0 a. Logistics and presentation coordination with A/F $0 1 $200 $0 $0 $0 $0 $0 1 $30 $230 b. Prepare presentation on urban design aspects of solving regional mobility problems. 8 $1,600 6 $1,200 $0 22 $2,200 $0 $0 12 $780 17 $867 $6,647 c. Attend Core Team Working Session in HB. 101 $2,000 101 $2,000 1 $0 101 $1,000 1 $0 1 $o $0 15 $750 $5,750 Task 5. Community -Workshop #3: Traffic & Circulation, $0 .so- $0 $0, $0 $0 1 $0 01 $0 $0 a. Coordinate logistics, agenda, roles with City Staff & A/F $0 2 $400 0 $0 2 $200 0 $0 0 $0 16 $1,040 5 $246 $1,886 b. Prepare PowerPoint presentation - including ,modifications per Core Team direction. 1 81 $1,600 1 81 $1,600, $0 , 20, $2,000 $0 $0 16 $1,040 19 $936 $7,176 Page 1 Tasks: FTB Only Principal MF Principal EG Sr. Assoc. Associate Urb. Dsgner Proj. Lndscp. Draftsman Proj. Asst. II Total Fees hrs fees hrs fees hrs fees hrs fees hrs fees hrs fees hrs fees hrs (rnd) fees c. Travel to HB, setup/present/facilitate workshop 10 $2,000 10 $2,000 $0 10 $1,000 $0 $0 $0 15 $750 $5,750 d. Workshop follow-up: prepare summary of results; transmit to city 0 $0 0 $0 0 $0 1 $100 0 $0 0 $0 2 $130 1 $35 $265 Project Management Associated with Tasks 1 - 5 1 $200 0 $0 0 $0 3 $300 0 $0 0 $0 0 $0 2 $75 $575 I.Subtotal.-°Profgssional Services: . .,.. ,.,. ...3 ... .,, .,Y y �.x .. .'., .3 ,.; ... a, :.. r .sue . '" *`�-.n . ;. a--... r.�.�+i�. gat t��,�'.,..^"'-^".�& . a f:Al:cti ti'• F 1 C c r. II.:ddi%ona : �e sty t 0MM ok a j�(z @Is>. tnablesNear �1 A.� ..... :., ,. .�.o- :,.� ....,.� .:. ..., .,.,a.. .. °I" . A ..,> ., <... :'ail . ^, r: .;. $ ,,, .y'fi ,.. ....... Mpg ._. a -,... ....x:... :,., a':.c`: ..+%. u,„.,-.....d+. :t,+ -„. ... S :,:.. ,xr: 3:>,., k... ... ..3. n Rey � #i' V'';"s, 'f h; .,., .`r'a.,4. -`iu�Mtt:'a.t TASKS INCLUDED IN THE ORIGINAL BUDGET PROPOSED TO BE USED FOR ENHANCED FOCUS ON EDINGER CORRIDOR: Edinger -Focused Core Team Workshop - Core Team #3: Included in Original Scope 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 Revise Edinger Plans per Core Team direction (using services in original Scope) 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 Community Workshop #4 - Envisioned Near -Term Development along the Edinger Corridor (using services slated for Comm Wkshop #3 in original scope of services). 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 Revise Edinger envisioned development plans per 1 1 J 1 Comm Wkshop feedback and City Staff direction. 1 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 $0 NET ADDITIONAL TASKS TO ENABLE NEAR TERM OPPORTUNITIES ALONG EDINGER CORRIDOR (WITHOUT WAITING FOR COMPLETION OF SPPLN): Task 1.': Prepai,610enm policy repot mendations,- w r a: y. �y m®morandum +>exhib�ts aw ., w` „; M. $0. $(1 $0 $0 $0 $0 . so 0 $0 0 a. Prepare Prepare Primary Edinger Development Standards (included in original Scope of Svcs) content 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 b. Prepare interim document for Edinger Corridor primary policies: memorandum format with policy recommendations. $0 $0 $0 $0 $0 $0 $0 0 $0 $0 1) Interim land use plan areas / district zones map 1 $200 $0 $0 4 $400 $0 $0 8 $520 3 $168 $1,288 2) Intro, purpose of interim memo, envisioned future development, and Interim development standards text 12 $2,400 $0 $0 32 $3,200 $0 $0 $0 17 $840 $6,440 3) Paste/modify standards diagrams from FTB standards database. 2 $400 $0 $0 4 $400 $0 $0 16 $1,040 6 $276 $2,116 4) Format (std memo/letter/portrait); insert pictures & 1 captions, photorepro and electronic master copy. 1 2 $400 $0 $0 8 $800 $0 $0 8 $520 5 $258 $1,978 Page 2 Tasks: FTB Only Principal MF Principal EG Sr. Assoc. Associate Urb. Dsgner Proj. Lndscp. Draftsman Proj. Asst. Il Total hrs fees hrs fees hrs fees hrs fees hrs fees hrs fees hrs fees hrs (rnd) fees Fees c. Forward to City Staff for review; Q&A as needed. $0 $0 $0 2 $200 $0 $0 $0 1 $30 $230 Task 2: Cope Team Review Session - Interim`Policy Recommendations for Edinger. $0; � $0 $0 $0 " $0 $0 $0 `_0 $0 so. a. Meeting logistics and presentation materials preparation 2 $400 1 $0 1 $0 4 $400 1 $0 1 $0 2 $130 1 3 $140 $1,070 b. Attend Core Team Wkg Session in HB (incl. travel) 10 $2,000 $0 $0 10 $1,000 $0 $0 $0 9 $450 $3,450 c. Receive/review one red -lined copy from City Staff; phone Q&A. 1 $200 $0 $0 2 $200 $0 $0 $0 1 $60 1 $460 Task 3: Prepare revised memorandum'on interim policy recommendations based on direction received from Core Team. 4 $800 $0 $0 12 $1,200 $0 $0, 20, $1,300 10 - $495 $3,795' Task 4. Joint City Council/Planning Commission Study Session (likely to address vision for Edinger, traffic and development standards) $0 $0 ` $0 $0 $0 $0 1 $0 0 $0 $0 a. Logistics and agenda coordination with City Staff and subconsuitants 1 $200 $0 $0 2 $200 $0 $0 $0 1 $60 $460 b. Prepare presentation for Study Session 8 $1,600 1 $0 1 $0 8 $800 $0 $0 $0 7 $360 $2,760 c. Setup/present/attend Study Session (includes travel time) 12 $2,400 $0 $0 12 $1,200 $0 $0 $0 11 $540 $4,140 Task s: Refine Edinger buildout analysis for CEQA Analysis (included in original Scope of Services) $0 $0 $0 $0 $0 $0 $0 0 $0 $0 a. Refine Edinger buildout analysis based on revised plans developed in Task 4A, above (included in Scope of Services) 0 $0 0 $0 01 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 b. Format, forward to CEQA consultant; respond to consultant questions. 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 Task 6: Additional Core Team Session: Beach Blvd or Edinger Focus, as needed $0 $0 $0 $0 $0 $0 $0 0 $0 $0 a. Prepare recommendations + exhibits 4 $800 $0 8 $960 24 $2,400 $0 $0 32 $2,080 19 $936 $7,176 b. Attend Core Team Working Session in HB. 10 $2,000 1 $0 1 $0 10 $1,000 $0 $0 $0 9 $450 $3,450 Task 7: AdditionalCommunity Workshop: Beach Blvd or Edinger -Focus, as needed. s0 -so $0 $0 $0 $0 $0 .0 $0, $0 a. Coordinate Workshop logistics, agenda w/ City Staff and Consultants $0 $0 $0 1 $100 $0 $0 1 $0 0 $15 1 $115 b. Prepare presentation materials 8 $1,600 $0 $0 16 $1,600 $0 $0 16 $1,040 13 $636 $4,876 c. Setup/present/facilitate Community Workshop Session (includes travel time) 10 $2,000 $0 $0 10 $1,000 $0 $0 $0 9 $450 $3,450 d. Transcribe Workshop comments; forward copies of presentation images and record of comments to City. $0 $0 $0 1 $100 $0 $0 2 $130 1 $35 $265 Project Management Associated with Tasks 1 - 8 2 $400 $0 $0 4 $400 $0 $0 $0 $120 $920 Page 3 Tasks: FTB Only Principal MF Principal EG Sr. Assoc. Associate Urb. Dsgner Proj. Lndscp. Draftsman Proj. Asst. II Total Fees hrs fees hrs fees hrs fees hrs fees —hrsT fees hrs fees hrs fees hrs (md) fees II. Subtotal- Professionel Services: $48,438 III.. Additional,Economii Co6edlnatlon +r3, i 1. Additional Economics, Coordination a. Additional phone calls, meetings, multiple reviews of the team's Scope of Work, agenda revisions, and correspondence Budget reflects actual time spent per memos to MB dated 5/14 and 6/01/2007 and follow-up direction received 7/19/2007 $2,670 III. Subtotal - Professional Services: $2,670 Subtotal - Professional Services (FTB Only): $90,082 Travel Expenses (FTB Only): $6,310 Reimbursable Project Expenses (FTB Only): $8,107 Transportation Planning / Traffic Engineering Subconsultant Participation: $13,100 17 Page 4 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 21, 2007 Freedman, Tung & Bottomley Attn: Ellen Greenberg 74 New Montgomery Street, Ste. 300 San Francisco, CA 94105 Dear Ms. Greenberg: Enclosed for your records is a fully executed copy of Amendment No. 1 to the Agreement Between the City of Huntington Beach and Freedman, Tung & Bottomley for Preparing the Beach Boulevard Revitalization Strategy. JF:pe Enclosure: Agreement G:followup:agrmfltr Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE/YY) 08/23/073/07 PRODUCER LIC #OE67768 1-925-416-7862 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IOA Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3875 Hopyard Road, Ste. 240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Pleasanton, CA 94588 Reno Caldwell INSURED Freedman Tung & Bottomley INSURERA:TravelerS Indemnity Company of Connecticut INSURER B: ACE American Insurance Company INSURERC: 101 New Montgomery St, 6th Floor INSURERD: San Francisco, CA 94105 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. INSR LTRTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE D TE POLICY EXPIRATION DATE LIMITS A GENERAL LIABILITY 680-3083L769 08/08/07 08/08/08 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Anyone fire) $ 300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1XI OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,000 17 POLICY X PE O LOC A AUTOMOBILE LIABILITY 680-3083L769 08/08/07 08/08/08 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) X BODILY INJURY $ HIRED AUTOS X NON -OWNED AUTOS (Per accident) 7� Tn /] PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY omey AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND UB7127Y04A 09/01/07 09/01/08 X T WC 3TATURY LIMIT ER- DER E.L. EACH ACCIDENT $ 1,000,000 EMPLOYERS' LIABILITY E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000.000 nal Liability N01865407 01/27/07 01/27/08 Per Claim s1,000,000 It Annual Aggregate $1,000,000 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the Named Insured including project referenced below, if any. General Liability: See Additional Insured Endorsement attached. General Liability Additional Insured: The City of Huntington Beach CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION *10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL L*MX V4MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AK2rAXb1 9XffiX=D'%R=X ATTN: Christopher S. Davis 2000 Main St. ffiggNffi��p�ppffiX7610N6i947}[Ot3CNKK9CffiOCX X&*Vgggkwmg.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 USA XX ACORD 25-S (7/97) 102445 O ACORD CORPORATION 1988 6873327 POLICY NUMBER: 680-3083L769 NAMED INSURED: Freedman Tung & Bottomley COMMERCIAL GENERAL LIABILITY DATE ISSUED: 08/23/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. WHO IS AN INSURED (Section II) is b. This insurance does not apply to the amended to include any person or rendering of or failure to render any organization that you agree in a "contract "professional services". or agreement requiring insurance" to include as an additional insured on this c. The limits of insurance afforded to the Coverage Part , but: additional insured shall be the limits which you agreed to provide in that a. Only with respect to liability for "bodily "contract or agreement requiring injury", "property damage" or "personal insurance", or the limits shown in the injury"; and Declarations for this Coverage Part, whichever are less. This endorsement b. If the injury or damage arises out of does not increase the limits of the performance, by you or your insurance stated in the LIMITS OF subcontractor, of "your work" to which INSURANCE (Section III) for this the "contract or agreement requiring Coverage Part. insurance" applies. Such person or organization does not qualify as an 3. The following is added to Paragraph a. of additional insured with respect to their 4. Other Insurance in COMMERCIAL independent acts or for "bodily injury", GENERAL LIABILITY CONDITIONS "property damage" or "personal injury" (Section IV): for which that person or organization has assumed liability in a contract or However, if you specifically agree in a agreement. "contract or agreement requiring insurance" that the insurance provided 2. The insurance provided to the additional to an additional insured under this insured by this endorsement is limited as Coverage Part must apply on a follows: primary basis, or a primary and non- contributory basis, this insurance is a. This insurance does not apply on any primary to other insurance that is basis to any person or organization for available to such additional insured which coverage as an additional which covers such additional insured insured specifically is added by another as a named insured, and we will not endorsement to this Coverage Part. share with the other insurance, provided that: CG D3 81 09 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright, Insurance Services Office, Inc., 2001 (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 5. As respects the insurance provided to the additional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and C. Before the end of the policy period. All other terms of your policy remain the same. CG D3 81 09 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1988 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification Amendment # 1 Date: August 30, 2007 1. Department: Planning 2. Requested By: Chris Davis 3. Name of Consultant: Freedman, Tung & Bottomley 4. Amount of Original/Prior Contract: $599,775 5. Additional Compensation Requested: $117,599 6. Reason for Contract Amendment: Need to add additional concept phase traffic meetings as well as accelerating Edinger Ave. corridor opportunities 7. Are sufficient funds available to fund this contract? Yes ❑ No 8. Company number and object code where funds are budgeted: 305801.69365 partment Head Signature I %I V I "I \L Central uivision ATTACHMENT #2j € RI I I 'Micha ° Fre dt part. Gregor-,, TunFit q Cr. € 'beat Hiwyu i Sasaki Memorandum Date: August 15, 2007 To: Ms. Mary Beth Broeren AICP, Principal Planner City of Huntington Beach Cc: Mr. Stanley Smalewitz Mr. Erik Calloway, FTB From: Michael Freedman, Principal Via: Email attachment Re: Beach/Edinger Corridors Specific Plan —Addition of Professional Services: Community Workshop on Traffic, Acceleration of Near Term Opportunities along Edinger Corridor Dear Mary Beth: At this juncture in the Beach/Edinger Specific Plan project, our meetings with City Staff, potential developers, and community workshop participants have led us to recommend two modifications to our Scope of Services in order to respond effectively to conditions and opportunities that we were unaware of at the time of original scope preparation. This memo describes the recommended additional services and our reasons for recommending them. We also include detailed information on potential costs for the requisite professional services for your review. Addition of Community Workshop Dedicated to Traffic Issue Participants in the second Community Workshop (most of whom did not attend the first Community Workshop) expressed overwhelming concern regarding the potential impacts of proposed multi -story residential development on mobility, particularly on the already congested Beach/Edinger intersection. It was our impression that the level of concern regarding potential traffic congestion was sufficiently intense to require that we pause to discuss the issue thoroughly at the community workshop level, and that we do so prior to moving forward with the development of a revitalization strategy and corresponding land use & development vision for the corridors. We believe that this heightened level of concern is a reaction on the part of community members to the changing scale and character of development proposals coming in to the city and this part of the region. Development along 1-405 and primary regional arterials are likely to be increasingly characterized by multi -story development types whose economics are driven by multiple story luxury rental housing and condominium development, occasionally multi -story 101 New Montgomery Street, 6th Roor, San Francisco, CA 94105 T 415. 2919455 F 415.291.9633 wr ,vviitburbandesigrt.corn Memorandum — Page 2 hotel and possibly office development — all often accompanied by limited ground -level retail and services. Pending proposals for such development types along the Edinger Avenue corridor by DJM Capital Partners, Red Oak Investments and others are important opportunities for the City to begin revitalization and reinvestment along the corridors. At first glance, many people find the idea of such development types along corridors like Beach and Edinger disorienting, since such corridors have long been characterized by exclusively low -intensity commercial development with surface parking. Although the transition away from commercial strip development is market -based and will be increasingly widespread, early proposals are likely to encounter significant concern and opposition due to their unexpected characteristics. We would counsel that the Specific Plan is the preferred context to engage the discussion of planning properly to accommodate such revitalization and investment and to do so in a context of improved mobility and quality of life for the community. We would not recommend that the community's discussion of proper planning be carried out in response to each separate development proposal. To provide a context for near term development opportunities as well as to attempt to assist the community to develop the necessary level of comfort with the likely scale and character of potential new high quality investment, we recommend the insertion of a Community Workshop entirely dedicated to the traffic issue. Our current contract with the city provides for four community workshops. Given the extent and complexity of the two corridors, we require all four to address the necessary range of issues along Beach and Edinger in order to develop a sufficiently detailed vision, and to discuss it as thoroughly as possible with everyone who wants to participate. If we substitute the traffic workshop for one of the four in our scope of services, we will not be able to offer sufficient community participation on the development of a vision for the revitalization of both corridors. Preparation for the addition of a Community Workshop dedicated to the traffic issue will require preliminary traffic engineering analysis, two working sessions with City Staff, and the preparation of presentation materials for the workshop itself. We have prepared staffing and budget information corresponding to these tasks for your review in the spreadsheet attached to this memorandum. Enabling Near Term Investment Opportunities along Edinger City Staff, project economists Linda Congleton and Tierra West, and Freedman Tung & Bottomley all concur that our best opportunities for near term investment to kick off revitalization along the Beach and Edinger corridors are primarily clustered along the Edinger Avenue corridor. (Opportunities along Beach Boulevard appear to be entirely medium to long term ones that the Specific Plan will need to entitle and perhaps stimulate.) A number of property owners along that corridor have the financing and motivation to develop near term proposals for the type of development that the corridors require and for which there is market demand. Requiring that these investors wait until the Specific Plan is prepared for all of Beach Boulevard and Edinger Avenue properties would cause significant delay and threaten our ability to retain these investments. In response to this situation, City Staff has requested that we prepare recommended modifications to our Scope of Services that would enable these developments to proceed more simultaneously with the preparation of the Specific Plan and corresponding CEQA analysis. Memorandum — Page 3 To accomplish this we propose to prepare the revitalization strategy and vision for the Edinger Corridor, as well as to prepare primary development standards that would pertain to the Edinger Corridor in advance of the preparation of that content for Beach Boulevard, and in advance of the publication of the Specific Plan document. We propose to bring forward the recommended revitalization strategy, vision and recommended primary development standards to a Joint City Council/Planning Commission Study Session to engage Council Members and Planning Commissioners in informal discussion of that information. Based on the informal direction we receive at that session, a final report would be prepared for Council's additional informal review and, hopeful, approval. That document would be used to direct investors informally - meaning to provide interested investors information regarding the likely contents of the future specific plan - until the formal Specific Plan and EIR were adopted. The acceleration of the development of the primary specific plan contents for Edinger Avenue will require a dedicated community workshop or two for Edinger corridor issues, and an additional working session with City Staff. We have prepared staffing and budget information corresponding to these tasks for your review in the spreadsheet attached to this memorandum. Please review the draft tasks and staffing & budget information corresponding to these two categories of additional services, and let us know what modifications you would like made. We would like you to know that the attached quote extends our old rates for professional services that date back to our original contract with Huntington Beach (the rates were raised as of January, 2007, but we felt this is getting kind of expensive, so this is our contribution to try to keep costs down). If you have any questions about any of this information, please do not hesitate to call. Best regards, Michael Freedman Principal attachment— Staffing & Budget Spreadsheet � ATTACHMENT #33 � /N�IN�Tp� '= �s%UNTV�/ CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION FINANCE DEPARTMENT TO: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR FROM: DAN T. VILLELLA, CPA, FINANCE DIRECTOR SUBJECT: FIS 2006-07-24 Approve Amendment to Professional Services Agreement with Freedman, Tung And Bottomley for Beach Boulevard/Edinger Corridor Study DATE: SEPTEMBER 4, 2007 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve Amendment to Professional Services Agreement with Freedman, Tung and Bottomley for Beach Boulevard/Edinger Corridor Study" If the City Council approves this action (total appropriation $117,599) the budgetary Redevelopment Agency Merged Project Area's Capital Projects Fund Balance at September 30, 2007 will be reduced to $2,397,000. " / a7�,� Dan T. Villella Finance Director RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Beach/Edinger Study Contract Amendment COUNCIL MEETING DATE: September 17, 2007 Ordinance (w/exhibits & legislative draft if applicable) Attached L� Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable ED Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ED Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: MBB/CD City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 21, 2007 Freedman, Tung & Bottomley Attn: Ellen Greenberg 74 New Montgomery Street, Ste. 300 San Francisco, CA 94105 Dear Ms. Greenberg: Enclosed for your records is a fully executed copy of Amendment No. 1 to the Agreement Between the City of Huntington Beach and Freedman, Tung & Bottomley for Preparing the Beach Boulevard Revitalization Strategy. JF:pe Enclosure: Agreement G:fo11owup:agrmt1tr Sister Cities: Anjo, japan • Waitakere, New Zealand Telephone: 714-536-5227 ) Council/Agency Meeting Held: Deferred/Continued to: ncil Meeti ionally_Ap L ied 2006 AUG 23 - 10: 35) :a City Clerk's Signat -1 T *kI I Department ID Number: ED 06-34 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY POUNPIL MEMBERS SUBMITTED BY: PENE�6PE CUL RETH-GRAFT, CITY ADMINISTRATOR PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT SCOTT HESS, ACTING DIRECTOR OF PLANNING//IWt,, SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH FREEDMAN, TUNG AND BOTTOMLEY, INC. AND ROSENOW SPEVACEK GROUP INC. FOR PREPARATION OF THE ECONOMIC REVITALIZATION STRATEGIC PLAN FOR BEACH BOULEVARD AND EDINGER CORRIDOR AND APPROPRIATE $762,035. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Transmitted for City Council and Redevelopment Agency consideration are two professional services agreements for the purposes of completing planning and economic development analyses related to the revitalization of Beach Boulevard and Edinger Avenue. This project is being initiated based on direction from the City Council in Fall 2005 and as a result of public input relative to the Edinger Corridor. Funding Source: A total appropriation of $762,035: $281,038 from Redevelopment Agency Merged Capital Funds Balance to the Redevelopment Agency Professional Services Account 30580101.69365 and $480,997 from the General Fund to the Planning Department Professional Services Account, 10060201.69365 is being requested. (See Attachment 3) Recommended Action: City Action Motion to: 1. Approve the Professional Service Contract between the City of Huntington Beach, and Freedman, Tung and Bottomley, Inc. (FTB), (Attachment 1), in the amount of $599,775 for preparation of a Corridor Revitalization Strategy and Specific Plan for Beach Boulevard (including Edinger Avenue) and authorize the Mayor and City Clerk to execute the contract; appropriate $480,997 from the City's General Fund to account 10060201.69365. E� REQUEST FOR ACTION MEETING DATE: 9/5/2006 DEPARTMENT ID NUMBER:ED 06-34 Agency Action Motion to: 1. Approve the Professional Services agreement between the City of Huntington Beach Redevelopment Agency and Rosenow Spevacek Group Inc. (RSG), (Attachment 2) in the amount of $162,260 for preparation of a corridor revitalization strategy for Beach Boulevard and Edinger Corridor, and authorize the Chairman and Agency Clerk to execute the agreement and appropriate $162,260 from undesignated Redevelopment Agency Merged Capital Funds Balance to account 30580101.69365 for the RSG contract. / 2. Appropriate $118,778 from undesignated Redevelopment Agency Merged Capital Funds Balance to account 30580101.69365 for the FTB contract; and authorize the Director of Planning to expend the Agency funds allocated to the FTB contract. Alternative Action(s): The City Council/Redevelopment Agency may make the following alternative motion(s): Deny the Professional Services Contracts between the City and Freedman, Tung and Bottomley, Inc. and Rosenow Spevacek Group Inc. 2. Continue the item and direct staff accordingly. Analysis: A. PROJECT BACKGROUND Beach Boulevard, also designated State Route 39, is the main traffic artery in the City of Huntington Beach. An eight lane (divided) principal artery, Beach Boulevard runs six miles from Pacific Coast Highway in the South to the City's northern border at Interstate 405. Beach Boulevard ultimately continues beyond the City through Westminster, Stanton, and Buena Park into the City of Azusa at the base of the San Gabriel Mountains. Beach Boulevard and Edinger Avenue are two primary economic engines for the City of Huntington Beach, including auto sales, various commercial developments, supermarkets, both large and small retail, as well as residential, institutional, and many other land -use functions. Key retail establishments along or proximate to Beach Boulevard include The Beach Boulevard of Cars, Bella Terra Regional Shopping Mall, 5-Points Shopping Center, Wal-Mart, and the Hyatt Regency Resort & Spa. Edinger Avenue includes Bella Terra and a number of retail centers. It is the City's desire to enhance and maximize the potential of these major thoroughfares. Although the City has been able to improve economic opportunities along Beach Boulevard, this artery lacks the characteristics that provide identity and clarity of location, incorporating various nondescript strip commercial centers, a wide range of signage, and inconsistent GADoris PoweIRED 06-34.doe -2- 8/22/2006 1:56 PM REQUEST FOR ACTION MEETING DATE: 9/5/2006 DEPARTMENT ID NUMBERED 06-34 landscaping. While individual establishments along the corridor have had various degrees of success, there is no synergy to the current process. Likewise, efforts to create a strategy for the Edinger Corridor have not come to fruition. In recent years, the City has made an effort to develop specific plans for key areas within the City to maximize their unique assets. This includes the Downtown Specific Plan to maximize the City's tourism potential and create a cultural magnet for residents and visitors alike, the Holly-Seacliff Specific Plan for a major residential development, and the McDonnell Centre Business Park Specific Plan. Although new development along Beach Boulevard has remained consistent with the City's General Plan and Zoning Code, efforts to create a unique vision for Beach Boulevard have not been realized. When the City updated its General Plan in 1996, there was discussion regarding potential mixed use or residential uses at key nodes. Although this concept did not materialize, there has been renewed interest in these concepts as well as enhancing the pedestrian experience and focusing on design solutions. The Beach Boulevard Revitalization Strategy and Specific Plan is intended to determine and implement a clear vision for growth and change along the Beach Boulevard Corridor. This effort will incorporate Edinger Avenue. The specific configuration that new public and private investment along the corridor will take will be determined by a planning process involving city officials, citizens, stakeholders and city staff. Specifications to guide land use and development intensity, site layout, building design, site landscaping and signage will be detailed in the document created from this effort. Land use and development standards contained in the specific plan will be drafted to replace pre-existing zoning regulations, and to assist the community to more effectively attract investment and improve the evolving image and identity of the City. B. CONSULTANT SELECTION PROCESS Planning Staff solicited proposals from three qualified consultants for the urban design and planning aspect of this project: ■ Freedman, Tung & Bottomley, Inc. ■ The Planning Associates ■ Torti-Gallas and Partners Freedman, Tung & Bottomley, Inc are recognized as the leading experts in corridor revitalization. In September 2005, representatives from FTB conducted a one -day workshop for the City Council, businesses, staff and interested residents on revitalization strategies. Following this workshop, Council directed staff to solicit proposals for creating a strategy for Beach Boulevard. Although Planning Associates submitted a marginal proposal, a number of key tasks were outsourced to subcontractors creating concerns as to lines of communication and prioritization of tasks. Torti-Gallas did not respond to the RFP. GADoris PoweIRED 06-34.doc -3- 8/22120061:56 PM REQUEST FOR ACTION MEETING DATE: 9/5/2006 DEPARTMENT ID NUMBER:ED 06-34 Economic Development Staff solicited proposals from four qualified consultants for the economic market analysis aspect of this project: ■ Rosenow Spevacek Group Inc. ■ Economic Research Associates ■ Keyser Marston Associates Inc. ■ The Sedway Group Rosenow Spevacek Group Inc. was selected from the three respondent firms. Rosenow Spevacek Group consultant team brings a wealth of knowledge in real estate economics, with first-hand experience in real estate brokerage, development, and project design. The RSG team will perform in-depth economic analysis, supply and demand, and prospects for the future that will impact the feasibility of investments along the Beach Boulevard and Edinger Avenue corridors. This analysis will be used to create the tools for economic revitalization to enhance and maximize the potential of these major thoroughfares. C. STAFF RECOMMENDATION Based on their expertise in this field, understanding of the City's request and competitive rates, staff recommends approval of the professional services agreements with Freedman, Tung and Bottomley and Rosenow Spevacek Group Inc. Environmental Status: Projects over which public agencies exercise ministerial authority, such as this agreement contracting for consulting services, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. Attachment(s): 1. 1 Professional Services Agreement between the City, Agency and FTB *2. 1 Professional Services Aqreement between the Aqencv and RSG 3. 1 Fiscal Impact Statement -0 X0 e, d 7�tg GADoris PoweIRED 06-34.doc -4- 8/22/2006 1:56 PM (9) September 5, 2006 - Council/Agency Agenda - Page 9 E-2. (City Council) Accept Annual Review of the Flood Management Plan (FMP) for Period Covering July 1, 2005 Through June 30, 2006 and Authorize Submittal to the Federal Emergency Management Agency (FEMA) — Accept the annual review of the Flood Management Plan as adequate and complete and forward it to FEMA. Submitted by the Acting Director of Planning. Funding Source: Not applicable. Approved 7-0 E-3. (City Council/Redevelopment Agency) Receive and File City Clerk's Quarterly Report Listing Professional Services Agreements Filed in the City Clerk's Office Between April 1, 2006 and June 30, 2006 — Receive and file the List of Professional Services Contracts Approved by Department Heads Pursuant to Huntington Beach Municipal Code Chapter 3.03 and Submitted to the Office of the City Clerk During the Period April 1, 2006 through June 30, 2006. Submitted by the City Clerk. Funding Source: Not applicable. Approved 7-0 E-4. (City Council/Redevelopment Agency) Approve Professional Services Agreements in the Amount of $599,775 with Freedman, Tung and Bottomley, Inc. (FTB), and $162,260 with Rosenow Spevacek Group, Inc. (RSG) for Preparation of the Economic Revitalization Strategic Plan for Beach Boulevard and Edinger Corridor and Appropriate $762,035. City Action: Motion to Approve the Professional Services Contract Between the City of Huntington Beach and Freedman, Tung and Bottomley (FTB) for Preparing Beach Boulevard Revitalization Strategy, in the amount of $599,775 for preparation of a Corridor Revitalization Strategy and Specific Plan for Beach Boulevard (including Edinger Avenue) and authorize the Mayor and City Clerk to execute the contract; appropriate $480,997 from the City's General Fund to account 10060201.69365; AND Agency Action: Motion to 2. Appropriate $118,778 from undesignated Redevelopment Agency Merged Capital Funds Balance to account 30580101.69365 for the FTB contract; and authorize the Director of Planning to expend the Agency funds allocated to the FTB contract. (10) September 5, 2006 - Council/Agency Agenda - Page 10 Submitted by the Director of Economic Development and Acting Director of Planning. Funding Source: A total appropriation of $762,035: $281,038 from Redevelopment Agency Merged Capital Funds Balance to the Redevelopment Agency Professional Services Account 30580101.69365 and $480,997 from the General Fund to the Planning Department Professional Services Account, 10060201.69365 is being requested. Mayor Pro Tem Coerper pulled for discussion. Motion to approve as AMENDED by Late Communication to strike Agency Action No. 1. Approved 7-0 E-5. (City Council) Adopt Annual Disadvantaged Business Enterprises (DBE) Goal for Fiscal Year 2006/2007 to be Eligible for Financial Assistance From the Federal Highway Administration (FHWA) — Adopt the Annual Disadvantaged Business Enterprises (DBE) goal of six percent (6%.) Submitted by the Director of Public Works. Funding Source: Not applicable to this action. Approved 7-0 E-6. (City Council) Adopt Resolution No. 2006-54 Amending Residential Parking Permit District "D" to Include Residents Living on Veering Circle, Aspenwood Lane, and Shipley Street — Adopt Resolution No. 2006-54, "A Resolution of the City Council of the City of Huntington Beach Amending Parking Permit District "D Within the City of Huntington Beach." Submitted by the Director of Public Works. Funding Source: The provisions of Huntington Beach Municipal Code Chapter 10.42 require that the residents choosing to participate in the residential parking permit district pay a proportionate share of the cost to establish or amend the district. Typical costs include, but are not limited to, installation of signs, curb markings, staff time to issue permits, and administrative costs to create or amend the district. Approved 7-0 E-7. (City Council) — Adopt Resolution No. 2006-57 Amending the City's Classification Plan to Incorporate Changes Considered by the Personnel Commission— Adopt Resolution No. 2006-57, "A Resolution of the City Council of the City of Huntington Beach Amending the Classification Plan by Revising Class Specifications for the Positions of Mechanic Ill, Water Distribution Maintenance Crewleader, Water Distribution Meters Leadworker, Water Systems Technician II, Cross Connection Control Specialist, Wastewater Maintenance Service Worker, Principal Civil Engineer, Risk Manager, Permit Technician, Senior Permit Technician, Building Plan Checker 1, Building Plan Checker ll, Permit and Plan Check Supervisor, Plan Check Engineer, Permit and Plan Check Manager, Building Inspector ll, Building Inspector Ill, Principal Electrical Inspector and Inspection Manager, Including Revising the Class Specification for Combination/Structural Inspector Supervisor and Changing the Job Title to Inspection Supervisor, Revising the Class Specification for Senior Deputy City Attorney/Litigator and Changing the Job Title to Senior Deputy City Attorney, and Revising the Class Specification for Economic Development Project Manager Assistant and Changing the Job Title to Project Manager Assistant. " Submitted by the Deputy City Administrator, City Services. Funding Source: Funding for proposed compensation is included in the fiscal year 2005/2006 budget. Approved 7-0 ATTACHMENT #1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Freedman, Tung & Bottomley FOR Preparing Beach Boulevard Revitalization Strategy Table of Contents Scopeof Services.....................................................................................................1 CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation ............................... Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices......................................................................................... 7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Freedman, Tung & Bottomley OR Preparing Beach Boulevard Revitalization Strategy THIS AGREEMENT ("Agreement") is made and entered into this 51A. day of 200 6 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Freedman, Tung & Bottomley a sole proprietorship hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare a revitalization stra'_egy for Beach Boulevard ;and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Ellen Greenberg who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profservl0/15101-A I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the August 21, 2009 "Commencement Date"). This Agreement shall expire on , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 3 6 months from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Five hundred ninety-nine thousand seven hundred seventy five Dollars (f99 , 775.00 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/forms/profservl0/15101-A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its negligent failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. This indemnity shall apply to all claims and liability regardless of agree/forms/profsery 10/ 15/01-A 3 whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. agree/forms/profsery 10/15/0 1 -A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either parry, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profservl0/15101-A 5 all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/forms/profservl0/15/01-A 6 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN:Mary Beth Broeren 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Freedman, Tung & Bottomley ATTN: Ellen Greenberg 74 New Montgomery Street, ste 300 San Francisco, CA 94105 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/forms/profserv10/15101-A 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agree/forms/profserv10/15101-A 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agree/forms/profserv10/15/01-A 9 each party shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profsery 10/15101-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT By �)a — \ pn ITS: (circle one) C AND By: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Y ` GCr�-•� -sid ice r . en C Mayor �L print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIE D AND APPROVED: C& W-, l City Administratoi ord/05zoning/Chap 241 S S TOFORM: AttornLy 0• IN • AND, .... • Director of ?finning CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of <�� V) f (,ao Cif,$ cc On Hs2r:jkt G11Q& before me, 0,:i ►n. F�'<i' E_t%b�c Date Name and Title of Officer (e.g "Jane Doe, Notary PVAicj personally appeared F,' -ek4Yh *R Vt Name(s) of Signer(s) L ?C�EiAA! Commissbn # /139"50 '" Pubft -iL CaWornk� San Francisco cou* ,MU Comm. Expires Jan 28, 2W ❑ personally known to me K proved to me on the basis of satisfactory evidence to be the person(-) whose name(s) is/asw subscribed to the within instrument and acknowledged to me that he/shaAbey executed the same in his/herLtlle+r authorized capacity(ies), and that by his/ho;Ahair signature(&) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and offici Y eal. Signat ry P OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document CoTitle or Type of Document: RuY. �'Z-ry, � .1 o ✓1Vrg C-� Document Date: Number of Pages: . Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Exhibit "A" v TECHNICAL WORK STATEMENT PHASE I. CLARIFYING COMMUNITY ASPIRATIONS AND DEFINING OPPORTUNITIES FOR BENEFICIAL CHANGE 1. Project Start-up A. Core Team: Project Kick -Off Meeting and Field Work (incl travel) B. Project start-up administration: contact list, city protocols, request materials from City; project setup C. Sub -consultants: scope refinement, scheduling and start-up administration 2. Existing conditions inventory and basemap preparation A. Create project basemaps using electronic files provided by City B. Field Reconnaissance and Photography 1) Fieldwork, including photography (kickoff meeting trip) 2) Set up project database (slides, field notes & sketches) 3) Follow-up field work on focused topics: ground -floor uses, auto -related businesses, loading and utility spaces, public spaces, character and identity 4) Incorporate additional photography and field work into database C. Pattern of Existing and Planned Development (buildings & g.f. uses) 1) Approved development: receive drawings; add footprints to base map 2) Review current development proposals D. Corridor configuration 1) Receive dimensioned street right-of-way base info from city; prepare diagrams of typical corridor segments E. Pattern of Land Ownership and Control - receive data from city; incorporate into database F. Service Issues: loading, delivery, garbage: compile data, diagram findings G. Character & Identity 1) Historic Context - Review documents re: history of the city, corridor 2) Historic and significant buildings - study inventory from City 3) Prepare Initial Design Context Collage(s) H. Mobility, Access & Connectivity 1) Consult Transportation Subconsultant re: project scope/objectives, status & schedule 2) Review Circulation Element Update materials; coordination re General Plan data and output Page 11 3) Review info from City: transit,'bike routes, volumes, etc. 4) Patterns of streets and blocks- prepare diagrams based on aerial I. Utility Infrastructure : consult with City Engineer, review data re underground/overhead utilities, potential limiting factors J. Environmental/Ecological Factors: Review reports on brownfield sites if applicable, review data on other envi- ronmental factors 3. Analysis of Existing Conditions A. Prepare Diagrams Analyzing Existing Conditions 1) City Context and Structure of Adjoining Neighborhoods 2) Public Open Space 3) Auto -Related Businesses and Auto -Serving Surfaces 4) Composite Analysis - Strategy. Opportunities B. Market Opportunities & Constraints 1) Consult Economist regarding initial findings 2) Consult Economist regarding Strategy Opportunities C. Vulnerability to change 1) Meet with Economist on site: assess apparent vulnerability (incl. travel) 2) Map apparent opportunity sites; forward to City, Economic and Traffic consultants 3) Consult City Staff, Economic and Traffic Consultants regarding map of vulnerable sites 5) Make modifications to map in response to comments D. Development Pattern analysis (building disposition/type; parking; parcel) 1) Telephone call with economist regarding retail -driven development in corridor, city and region 2) Diagram corridor development types; highlight retail driven development 3) Diagram relationship of corridor retail to city and regional retail E. Consult with Transportation Subconsultant 1) Prepare memo with key questions about Beach Blvd. and Edinger Avenue 2) Review response; teleconference 3) Discuss OCTA, Caltrans policies, plans and capabilities F. Summary: Patterns of Development and Change; Opportunity for Strategic City Action (diagram) 4. Core Team Session: Existing Conditions Inventory & Analysis (includes travel) 5. Community Workshop #1 - Community Aspirations and Opportunities for Beneficial Change A. Prep workshop presentation/materials, coordinate logistics with City Staff B. Attend, set-up, facilitate community workshop #1 (including travel) C. Workshop follow-up (record comments, update database, phone call w/staff) PHASE II: ENVISIONING THE FUTURE CORRIDOR: PLAN CONCEPT AND STRATEGY DEVELOPMENT 1. Corridor Frontage: "Broad -Brush" Alternatives and Tradeoffs A. Develop and illustrate alternative land use and urban design options (includes consultation with Economic and Traffic Consultants) B. Assemble relevant photos of equivalent potential development types C. Prepare "thorny issue" questions and accompanying diagrams 2. Community Workshop #2: "Broad -Brush" Alternatives & Tradeoffs A. Prepare workshop presentation and materials, coordinate logistics w City B. Conference call with City Staff to review Community Workshop Materials C. Finalize workshop materials D. Attend, set-up, facilitate community workshop #2 (incl travel); record comments and update database follow- ing workshop 3. Core Team Charette (with City Staff & Consultants): Broad -Brush Alternatives A. Logistics; Prepare charette basemaps & other materials; photo -repro as needed B. Charette participation (includes travel) 4. Prepare Strategy and Plan Material Using Charette Outcomes A. Format and touch up charette products; scan and prepare image files B. Follow up with Economics and Traffic Consultants C. Develop Design and Strategy Concepts and Regulated Graphics Pwta e i 3 1) Corridor -wide scale: differentiation of segments (annotated plan) 2) Corridor -wide scale: edge/width of change areas (plan boundaries) 3) Corridor scale: envisioned cross -sections across study area 4) Site -scale: catalyst opportunity site concepts (plan views; up to three sites) 5) Street scale: design opportunities (cross -sections) D. Assemble photographs corresponding to charette solutions 5. Community Workshop #3: Future Corridor A. Prepare workshop presentation and materials, coordinate logistics w City B. Core Team Review Session in Huntington Beach (same day as workshop) C. Attend, set-up, facilitate community workshop #2 (including travel) D. Workshop follow-up (record comments, update database, call with City staff) 6. Core Team: Specifications for New Development - Policy Essentials A. Charette logistics and scheduling including base maps, photos and charette packets B. Charette participation (includes travel) C. Charette follow-up: photography, scanning and formatting 7. Policy Framework: Refine and Follow up on Charette Products A. Revitalization Strategy Diagram (on corridor basemap; annotated) B. Corridor Segments/Districts Policy Diagram (on parcel map; annotated) C. Building Height Options Diagrams D. Annotated diagrams describing land use policy recommendations E. Annotated diagrams depicting recommended design standards 8. Development Prototypes A. Prepare revised corridor land use & urban design concept diagram B. Development prototype (plan & elevation) larger property C. Development prototype (plan & elevation): smaller or shallower property D. Prepare sketch of some portion of envisioned future corridor frontage ., 14 9. Community Workshop #4: Specifications for New Development A. Prepare presentation & materials, coordinate logistics with City Staff B. City Staff Review Session in Huntington Beach (same day as workshop) C. Attend, set-up, facilitate community workshop #4 (incl travel) D. Workshop follow-up (record comments, update database) 10. Prepare material for presentation at City Council Study Session A. Study Session Preparation with City Staff 1) Prepare outline of materials for Study Sessions; conf. call to present 2) Revise outline per staff recommendations 3) Conference call to review Study Sessioni Materials B. Modify/refine diagrams and illustrations per workshop and City Staff input 1) Revitalization Strategy Diagram 2) Envisioned Long -Term (illustrative plan view) 3) Envisioned Mid -Term (illustrative plan view) 4) Envisioned Catalyst Projects (illustrative plan view) 5) Development prototypes and building character sketch modifications 6) Recommended Capital Improvement Projects: street design 7) Public Space: existing vs. envisioned future 8) Zoning: Existing vs. Recommended 9) Rendering of key portion of envisioned future corridor frontage 11. Joint City Council & Planning Commission Study Sessions (2) A. Prepare presentations B. Attend Study Sessions: Presentation, q & a, discussion, record direction C. Allowance for follow-up research and modifications per City Council 12. Complete Plan Concept Level - Modify/Refine Final Phase III Deliv. R{cie 15 PHASE III: IMPLEMENTING COMMUNITY INTENT: THE SPECIFIC PLAN 1. Develop Coding System A. Develop proposed primary organizing system for regulatory policies B. Prepare charts and diagrams for primary regulatory controls C. Working Session with Planning Staff (incl. travel) 2. Coordination with EIR effort A. Prepare "Likely Plan Build -out" development scenarios for EIR analysis B. Coord. Mtg. w City Staff, EIR Consultant re: Alternatives for EIR (same day as coding system working session) C. Discussions as needed with EIR Consultant 3. Prepare Administrative Review Draft Corridor Specific Plan A. Consultation as needed with City Staff, Economics and Transportation consultants regarding Specific Plan contents; resolution of outstanding issues A. Book I: Community Intent 1) Authority 2) Orienting Sections 3) Purpose, Plan Goals & Objectives 4) Corridor Revitalization Strategy 5) The Envisioned Future Corridor B. Book II: Development Regulations 1) Orientation / Applicability 2) Site Development Standards 3) Street and Open Space Standards & Guidelines 4) Parking Standards & Guidelines (in collaboration) 5) Architectural Standards & Design Guidelines 6) Signage Standards & Guidelines C. Book III: City Actions (includes CIP's, Parking, Mobility, Utilities, Implementation) 1) Portions drafted by FTB 2) Review portions drafted by sub -consultants, City Staff D. Appendices P Y, '. "I E. Document Design and Formatting 1) Cover Design; prep electronic file 2) Document Design and formatting 3) Annotate and format full page graphic illustrations 4) Document production: electronic files and hard copy master and repro 4. Plan Orientation Session with Planning Staff (incl. travel) 5. City Review of Administrative Draft Specific Plan A. Specific Plan draft review mtg. w City Staff and Project team (incl. travel) B. Receive single marked -up copy with City edits; tel. or video conf. follow-up 6. Prepare Public Review Draft Specific Plan document A. Modify text, illustrations as directed by City Staff B. Modify cover design as requested C. Incorporate pictures; captions (not in Book II - Regulatory Portion) D. Adjust electronic formatting and paste-up E. City Staff telephone Q&A, Coordination, last-minute issues F. Final edits; prepare final camera-ready document; coordinate photo -repro G. Forward camera-ready document, PDF Master file and copies to City, Subs 7. Coordination with EIR consultant A. Receive/review draft EIR B. Attend EIR coordination session " (incl. travel) C. Review modified draft EIR 8. Planning Commission Hearing A. Review and contribute to Plan Addendum received from City Staff B. Prepare presentation materials; logistics coordination C. Attend Hearing - Presentation, respond to questions (incl. travel) Page17 9. City Council Hearing A. Review Plan Addendum received from City Staff; Q&A if needed B. Prepare presentation materials; logistics coordination C. Attend Hearing - Presentation, respond to questions (incl. travel) 10. Prepare Final Version of The Beach Boulevard Corridor Specific Plan A. Coordinate with City Staff regarding remaining issues needing closure B. Modify plan; prep Master File and PDF; transmit PDF and copies to City. Optional Project Approach: Phases 1 and 2 only with added Revitalization Strategy Document LIST OF DELIVERABLES PER PHASE Phce If: Rnv#ai titie P Ce Plark anf Catalyst Project Diagrams public and private) Regulatory Framework Diagrams Development Prototype Diagrams Community Workshop #2 presentation and exhibit materials Community Workshop #3 presentation and exhibit materials Community Workshop #4 presentation and exhibit materials Joint City Council and Planning Commissionpresentation(s) and exhibit materials Illustrative Color Rendering of Envisioned Future Corridor Frontage *O tional: Summary of Work completed during Phases I and II .,.:. ��:; Y x%sFm". �'i7 ,... ..:: .x: yw. ,.3°;?f s.•i'., ^f" 3... Y;...s�',tt'k..'3"ti ,i '::�gL ,4, ,,K f;:. {x .i'+�. �,F iyt^��y'.��'^'' ,,na�"2.»%�'.: err Note: Deliverables may be modified / refined upon the completion of Phases I and II Administrative Screencheck Review Draft 10 bound hard copies Public Review Draft 20 bound hard copies, plus one unbound reproducible on inal hard copy Digital copy Final Version: The Beach Boulevard Corridor S ecific Plan 20 bound hard copies, plus one unbound reproducible original hard copy Digital copy This page intentionally left blank. ,r~dmun io/a & Page 13 MEETING ATTENDANCE As detailed in our Technical Work Statement, our approach includes FTB participation in several types of meetings as follows. ■ 7 Core Team Sessions with City Staff ■ 4 Community Workshops ■ 2 City Council and Planning Commission Study Sessions ■ 2 Public Hearings by the Planning Commission ■ 2 Public Hearings by the City Council Public Hearing Charges for meetings will reflect the number of hours spent in preparation, travel, attendance, and follow-up docu- mentation, as detailed in Appendix A, which shows staff allocation for each meeting in the Work Statement. We will be available to participate in additional meetings should the City wish to add a contingency budget to the proj- ect contract, or authorize additional budget for meeting attendance on an as -needed basis. Cost of the additional meetings will be a factor of whether or not original presentation material is required, whether meetings require an overnight stay in Huntington Beach, and, most importantly, which Team members attend. Exhibit "B" EXHIBIT B TERMS This is a time and materials project with a guaranteed maximum fee for completion of the Work Tasks outlined in Exhibit A. Invoicing shall be monthly, based on time and materials costs accrued during the preceding month. The summary of task -by -task costs on the Staffing & Budget spreadsheets on the following pages is provided to indicate the relative proportion of budgeted resources that each task is likely to require. It is provided for informational purposes only and is not intended as a basis for task -by -task contract provisions or invoicing. FEE SCHEDULE The following fee schedule is effective as of June 15, 2003. All new projects for both new and return clients will be budgeted using the following rates: Principal 1 $ 200 per hour Principal II $ 150 per hour Senior Associate $120 per hour Associate $ 100 per hour Graphic Artist $ 90 per hour Project Urban Designer $ 80 per hour Project Landscape Designer $ 75 per hour AutoCAD Operator 1 $ 85 per hour AutoCAD Operator II $ 70 per hour GIS Operator 1 $ 85 per hour GIS Operator II $ 70 per hour Draftsman $ 65 per hour Database Operator $ 65 per hour Project Assistant 1 $ 60 per hour Project Assistant II $ 50 per hour Technical Secretary $ 50 per hour Office Assistant $ 30 per hour SPEAKING FEES (FLAT FEE BASIS) Principal $ 3,500 + travel expenses MISCELLANEOUS PROJECT EXPENSES In addition to hourly rates, the following shall be charged at our standard office rates for expenses incurred when performing professional services on the clients behalf, such as for the following items: document duplication, photography, messenger and courier services, long distance telephone and fax calls, special equipment charges, travel expenses for out -of -office services, reimbursements for sub -consultant fees, governmental plan inspection fees, FTB slide library usage, FTB office database usage, plus other out-of-pocket expenses encountered in the performance of services for the Project. City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomley: Budget Summary ( v.2 revised May 24, 2006) (includes Edinger Avenue) Subtotal - FTB Professional Services: Allov✓once far traffic / Transportattbn Subconsulto t, Toto1 fees $524,775 $75,000. TOTAL PROJECT BUpT ESTIMATE: '$599,7 Budget Summary v.2 May 24, 2006 includes Edinger Avenue City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomley: Staffing and Budget Spreadsheet ( v.2 revised May 24, 2006) (includes Edinger Avenue) Tasks: FTB Only Principal I Principal II 1 Sr Associate Associate Urban Designer Draftsman Proj Assist 11 Total hours fees hours fees hours fees hours fees hours fees hours fees hours fees Fees PHASE I. CLARIFYING COMMUNITY ASPIRATIONS AND DEFINING OPPORTUNITIES FOR BENEFICIAL CHANGE 1. Project Start-up A. Core Team: Project Kick -Off Meeting and Field Work (incl travel) 12 $2,400 0 $0 0 $0 12 $1,200 0 $0 0 $0 11 $540 $4,140 B. Project start-up administration: contact list, city protocols, request materials from City; project setup 2 $400 0 $0 0 $0 6 $600 0 $0 0 $0 3�1 $150 $1,150 C. Sub -consultants: scope refinement, scheduling and start-up administration 2 $400 0 $0 0 $0 4 $400 0 $0 0 $0 2$120 $920 2. Existing conditions inventory and basemap preparation A. Create project basemaps using electronic files provided by City; identify project area boundaries for Beach Blvd. and Edinger Ave. 1 $200 01 $0 0 $0 4 $400 0 $0 18 $1,170 5 $266 $2,036 B. Field Reconnaissance and Photography $0 1) Fieldwork, including photography 2 Set up project database slides, field notes & sketches 0 1 $0 $200 0 0 $0 $0 0 0 $0 $0 12 _ $1,200 $200 20 0 $1,600 $0 0 6 $0 8. $420 $3,220 $909 2 $390 2'. $119 3) Follow-up field work on focused topics: ground -floor uses, auto -related businesses, loading and utility spaces, public spaces, character and identity 0 $0 12 $1,800 12 $1,440 0 $0 0 $0 0 $0 10' $486 $3,726 4) Incorporate additional photography and field work into database 0 $0 0 $0 0 $0 2 $200 0 $0 6 $390 2', $89 $679 C. Pattern of Existing and Planned Development (buildings & g.f. uses) 1) Approved development: receive drawings; add footprints to base map 0 $0 0 $0 0 $0 2 $200 0 $0 6 $390 2 $89 2) Review current development proposals 1 $200 0 $0 0 $0 3 $300 0 $0 0 $0 2 $75 D. Corridor configuration 1) Receive dimensioned street right-of-way base info from city; prepare diagrams of typical corridor segments 0 $0 0 $0 0 $0 4 $400 0 $0 8 $520 3 $138 $1,058 E. Pattern of Land Ownership and Control - receive data from city; incorporate into database 1 $200 0 $0 0 $0 3 $300 0 $0 6 $390 3 $134 $1.024 F. Service Issues: loading, delivery, garbage: compile data, diagram findings 0 $0 0 $0 0 $0 3 $300 0 $0 8 $520 2 $123 $943 G. Character & Identity 1) Historic Context - Review documents re: history of the city, corridor 0 $0 0 $0 2 $240 3 $300 0 $0 0 $0 2 $81 $621 2) Historic and significant buildings - study inventory from City 0 $0 0 $0 2 $240 0 $0 0 $0 0 $0 1 $36 $276 3) Prepare Initial Design Context Collage(s) 0 $0 0 $0 3 $360 2 $200 0 $0 8 $520 3 $162 $1,242 H. Mobility, Access & Connectivity 1) Consult Transportation Subconsultant re: project scope/objectives, status & schedule 2 $400 0 $0 0 $0 2 $200 0 $0 0 $0 2 $90 $690 2) Review Circulation Element Update materials; coordination re General Plan data and output 4 $800 0 $0 0 $0 2 $200 0 $0 0 $0 3 $150 $1,150 3) Review info from City: transit, bike routes, volumes, etc. 0 $0 0 $0 0 $0 2 $200 0 $0 0 $0 1 $30 $230 4) Patterns of streets and blocks- prepare diagrams based on aerial 0 $0 3 $450 0 $0 4 $400 6 S480 0 $0 4 $200 $1,530 I. Utility Infrastructure : consult with City Engineer, review data re underground/overhead utilities, potential limiting factors 0 $0 0 $0 0 $0 2 $200 0 $0 0 $0 1 $30 $230 J. Environmental/Ecological Factors: Review reports on brownfield sites if applicable, review data on other environmental factors 2 $400 0 $0 0 $0 4 $400 0 $0 0 $0 2 $120 $920 3. Analysis of Existing Conditions A. Rcv/rev existing / previous planning studies incl Edinger, city-wide, other 2 $400 0 $0 0 $0 8 $800 4 $320 0 $0 5 $228 $1,748 B. Prepare Diagrams Analyzing Existing Conditions 1) City Context and Structure of Adjoining Neighborhoods 4 $800 3 $450 0 $0 3 $300 8 $640 0 $0 7 $329 $2,519 2) Public Open Space 2 $400 2 $300 0 $0 2 $200 4 $320 0 $0 4 $183 $1,403 3) Auto -Related Businesses and Auto -Serving Surfaces 2 $400 2 $300 0 $0 2 $200 4 $320 0 $0 4 $183 $1,403 4) Composite Analysis - Strategy Opportunities 4 $800 4 $600 0 $0 4 $400 8 $640 0 $0 7 $366 $2,806 C. Market Opportunities & Constraints 1) Consult Economist regarding initial findings 2 $400 0 $0 0 $0 2 $200 0 $0 0 $0 2 $90 $690 2) Consult Economist regarding Strategy Opportunities 2 $400 1 0 $0 0 $0 1 $100 0 $0 0 $0 2 $75 1 $575 Budget v.2 March 24, 2006 includes Edinger Ave City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomley: Staffing and Budget Spreadsheet ( v.2 revised May 24, 20061 (includes Edinger Avenue) Tasks: FTB Only Principal I Principal II Sr Associate Associate Urban Designer Draftsman Proj Assist 11 Total hours fees hours fees hours fees hours fees hours fees hours fees ho urs0 fees Fees D. Vulnerability to change 1) Meet with Economist on site: assess apparent vulnerability (incl. travel) 12 $2,400 0 0 $0 $0 0 $0 0 $0 $360 $2,760 $0 7 2) Map apparent opportunity sites; forward to City, Economic and Traffic consultants 2 $400 0 $0 0 $0 2 $200 0 $0 10 $650 4 $188 $1,438 3) Consult City Staff, Economic and Traffic Consultants regarding map of vulnerable sites 2 $400 0 $0 0 $0 2 $200 0 $0 0 $0 2 $90 $690 5) Make modifications to map in response to comments 1 $200 0 $0 0 $0 1 $100 0 $0 2 $130 1 $65 $495 E. Development Pattern analysis (building disposition/type; parking; parcel) 1) Telephone call with economist regarding retail -driven development in corridor, city and region 2) Diagram corridor development types; highlight retail driven development 3 $600 3 $450 0 $0 10 $1,000 0 $0 18 $1,170 10 $4a3 $3,703 3) Diagram relationship of corridor retail to city and regional retail 2 $400 3 $450 0 $0 4 $400 0 $0 6 $390 5 $246 $1,886 F. Consult with Transportation Subconsultant 1) Prepare memo with key questions about Beach Blvd. and Edinger Ave. 3 $600 0 $0 0 $0 0 $0 0 $0 0 $0 2 $90 $690 2) Review response; teleconference 2 $400 0 $0 0 $0 0 $0 0 $0 0 $0 1 $60 $460 3) Discuss OCTA, Caltrans policies, plans and capabilities 2 $400 0 $0 0 $0 0 $0 0 $0 0 $0 1 $60 $460 G. Summary: Patterns of Development and Change; Opportunity for Strategic City Action (diagram) 3 $600 4 $600 0 $0 6 $600 16 $1,280 0 $0 9 $462 $3,542 4. Core Team Session: Existing Conditions Inventory & Analysis (includes travel) 12 $2,400 0 $0 0 $0J12$1,200 0 $0 0 $0 11 $540 $4,140 A. Stakeholder Meetings (includes travel) - budget indep. Trip 5. Community Workshop #1 - Community Aspirations and Opportunities forBeneficial Change 10 $2,000 0 $0 0 $0$0 0 $0 0 $0 6 $300 $2,300 A. Prep workshop presentation/materials, coordinate logistics with City Staff 8 $1,600 0 $0 0 $000 8 $640 0 $0 9 $456 $3,496 B. Attend, set-up, facilitate community workshop #1 (incl travel) 24 $4,800 0 $0 0 $0$0 0$00 $0 14 $720 $5,520 C. Workshop follow-up (record comments, update database, phone call w/staff) 2 $400 0 $0 0 $000 0 $0 0 $0 3 $135 $1,035 5. PhaseIProject Management 4 $800 0 $0 0 $000 0 $0 0 $0 7 $360 $2,760 Subtotal 138 36 19 1661 78 102 197 $73,209 PHASE It: ENVISIONING THE FUTURE CORRIDOR: PLAN CONCEPT AND STRATEGY DEVELOPMENT 1. Corridor Frontage: "Broad -Brush" Alternatives and Tradeoffs A. Develop and illustrate alternative land use and urban design options (includes consultation with Economic and Traffic Consultants) 16 $3,200 8 $1,200 0 $0 20 $2,000 20 $1,600 24 $1,560 29 $1,434 $10,994 B. Assemble relevant photos of equivalent potential development types 0 $0 0 $0 0 $0 2 $200 6 $0 0 $0 1 $30 $230 C. Prepare "thorny issue" questions and accompanying diagrams 2 $400 0 $0 0 $0 4 $400 6 $480 0 $0 4 $192 $1,472 2. Community Workshop #2: 'Broad -Brush" Alternatives & Tradeoffs A. Prepare workshop presentation and materials, coordinate logistics w City 6 $1,200 0 $0 0 $0 8 $800 0 $0 8 $520 81 $378 $2,898 B. Conference call with City Staff to review Community Workshop Materials 3 $600 0 $0 0 $0 3 $300 0 $0 2 $130 3 $155 $1,185 C. Finalize workshop materials 2 $400 0 $0 0 $0 6 $600 0 $0 8 $520 5 $228 $1,748 D. Attend, set-up, facilitate community workshop #2 (incl travel); record comments and update database following workshop 12 $2,400 0 $0 0 $0 15 $1,500 2 $160 0 $0 12 $609 $4,669 3. Core Team Charette (with City Staff & Consultants): Broad -Brush Alternatives A. Logistics; Prepare charette basemaps & other materials; photo -repro as needed 1 $200 0 $0 0 $0 6 $600 0 $0 16 $1,040 6 $276 $2,116 B. Charette participation (includes travel) 24 $4,800 12 $1,800 0 $0 12 $1,200 0 $0 0 $0 23 $1,170 $8,970 4. Prepare Strategy and Plan Material Using Charette Outcomes A. Format and touch up charette products; scan and prepare image files 0 $0 0 $0 0 $0 3 $300 0 $0 16 $1,040 4 $201 $1,541 B. Follow up with Economics and Traffic Consultants 3 $600 0 $0 0 $0 5 $500 0 $0 0 $0 3 $165 $1,265 C. Develop Design and Strategy Concepts and Reglated Graphics 1) corridor -wide scale: differentiation of segments (annotated plan) 4 $800 4 $600 0 $0 6 $600 $960 0 $0 9 $444 $3,404 2) corridor -wide scale: edge/width of change areas (plan boundaries) 4 $800 4 $600 0 $0 6 $600 $960 0 $0 9 $444 $3,404 3) corridor scale: envisioned cross -sections across study area 4 $800 4 $600 0 $0 8 $800 r28 $1,280 0 $0 10 $522 $4,002 4) site -scale: catalyst opportunity site concepts (plan views; up to five sites) 4 $800 4 $600 0 $0 24 $2,400 $2,240 0 $0 18 $906 $6,946 5) street scale: design opportunities (cross -sections) 3 $600 4 $600 0 $0 16 $1,600 $1,280 0 $0 12 $612 $4,692 Budget v.2 March 24, 2006 includes Edinger Ave City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomley: Staffing and Budget Spreadsheet (v.2 revised May 24, 20061 (includes Edinger Avenue) Tasks: FTB Only Principal I Principal 11 Sr Associate Associate Urban Designer Draftsman Proj Assist II Total hours fees hours fees hours fees hours fees hours fees hours fees hours fees Fees D. Assemble photographs corresponding to charette solutions 5. Community Workshop #3: Future Corridor 3 $600 0 $0 0 $0 4 $400 0 $0 0 $0 3 $150 $1,150 A. Prepare workshop presentation and materials, coordinate logistics w City 8 $1,600 0 $0 0 $0 8 $800 0 $0 8 $520 9 $438 $3,358 B. Core Team Review Session in Huntington Beach (same day as workshop) 3 $600 0 $0 0 $0 3 $300 0 $0 0 $0 3 $135 $1,035 C. Attend, set-up, facilitate community workshop #2 (incl travel) 12 $2,400 0 $0 0 $0 12 $1,200 0 $0 0 $0 11 $540 $4,140 D. Workshop follow-up (record comments, update database, call with City staff) 2 $400 0 $0 0 $0 2 $200 0 $0 0 $0 2 $90 $690 6. Core Team Charrette: Specifications for New Development - Policy Essentials A. Charette logistics and scheduling including base maps, photos and charette packets 2 $400 0 $0 0 $0 10 $1,000 0 $0 16 $1,040 7 $366 $2,806 B. Charette participation (includes travel) 24 $4,800 12 $1,800 0 $0 12 $1,200 0 $0 0 $0 23 $1,170 $8,970 C. Charette follow-up: photography, scanning and formatting 1 $200 0 $0 0 $0 3 $300 0 $0 8 $520 3 $153 $1,173 7. Policy Framework: Refine and Follow up on Charette Products A. Revitalization Strategy Diagram (on corridor basemap; annotated) 6 $1,200 4 $600 0 $0 6 $600 0 $0 8 $520 9 $438 $3,358 B. Corridor Segments/Districts Policy Diagram (on parcel map; annotated) 3 $600 4 $600 0 $0 6 $600 0 $0 8 $520 7 $348 $2,668 C. Building Height Options Diagrams 2 $400 2 $300 0 $0 10 $1,000 2 $160 20 $1,300 9 $474 $3,634 D. Annotated diagrams describing land use policy recommendations 4 $800 4 $600 0 $0 6 $600 2 $160 16 $1,040 10 $480 $3,680 E. Annotated diagrams depicting recommended design standards 2 $400 4 $600 0 $0 10 $1,000 0 $0 12 $780 8 $417 $3,197 8. Development Prototypes A. Prepare revised corridor land use & urban design concept diagram (Beach Blvd. & Edinger) - 3 $600 4 $600 0 $0 2 $200 12 $960 0 $0 7 $354 $2,714 B. Development prototype (plan & elevation) larger property (Beach Blvd. & Edinger) 2 2 $400 $400 8 $1,200 18 $2,160 $2,160 2 2 $200 $200 - _18 $1,440 0 $0, $0 __. 16 $810 $6,210 C. Development prototype (plan & elevation): smaller or shallower property (Beach Blvd. & Edinger) 8 $1,200 18 .. 18 $1,440 0 16 $810 $6,210 D. Prepare sketch of some portion of envisioned future corridor frontage (Beach Blvd. & Edinger) 2 $400 4 $600 24 $2,880 2 $200 18 $1,440 0 $0 17 $828 $6,348 9. Community Workshop #4: Specifications for New Development A. Prepare presentation & materials, coordinate logistics with City Staff 8 $1,600 0 $0 0 $0 8 $800 0 $0 8 $520 1 9 $438 $3,358 B. City Staff Review Session in Huntington Beach (same day as workshop) 4 $800 0 $0 0 $0 4 $400 0 $0 0 $0 4 $180 $1,380 C. Attend, set-up, facilitate community workshop #4 (incl travel) 24 $4,800 0 $0 0 $0 0 $0 0 $0 0 $0 14 $720 $5,520 D. Workshop follow-up (record comments, update database) 0 $0 0 $0 0 $0 3 $300 0 $0 0 $0 1 $45 $345 10. Prepare material for presentation at City Council Study Session A. Study Session Preparation with City Staff 1) Prepare outline of materials for Study Sessions; conf. call to present 3 $600 0 $0 0 $0 3 $300 0 $0 0 $0 3 $135 $1,035 2) Revise outline per staff recommendations 2 $400 0 $0 0 $0 2 $200 0 $0 0 $0 2 $90 $690 3) Conference call to review Study Sessioni Materials 2 $400 0 $0 0 $0 3 $300 0 $0 0 $0 2 $105 $805 B. Modify/refine diagrams and illustrations per workshop and City Staff input 2 $400 1 $150 0 $0 16 $1,600 0 $0 16 $1,040 10 $479 $3,669 1) Revitalization Strategy Diagram 2 $400 2 $300 0 $0 2 $200 2 $160 0 $0 3 $159 $1,219 2) Envisioned Long -Term (illustrative plan view) 2 $400 6 $900 0 $0 16 $1,600 0 $0 40 $2,600 17 $825 $6,325 3) Envisioned Mid - Term (illustrative plan view) 2 $400 4 $600 0 $0 4 $400 0 $0 12 $780 7 $327 $2,507 4) Envisioned Catalyst Projects (illustrative plan view) 2 $400 4 $600 0 $0 4 $400 0 $0 12 $780 7 $327 $2,507 5) Development prototypes and building character sketch modifications 2 $400 4 $600 20 $2,400 2 $200 16 $1,280 0 $0 15 $732 $5,612 6) Recommended Capital Improvement Projects: street design 3 $600 4 $600 0 $0 6 $600 0 $0 16 $1,040 9 $426 $3,266 7) Public Space: existing vs. envisioned future 2 $400 4 $600 0 $0 6 $600 0 $0 8 $520 6 $318 $2,438 8) Zoning: Existing vs. Recommended 2 $400 4 $600 0 $0 6 $600 0 $0 8 $520 6 $318 $2,438 9) Rendering of key portions (up to 2) of envisioned future corridor frontage 4 $800 6 $900 36 $4,320 4 $400 29 $2,320 4 $260 27 $1,350 $10,350 11. Joint City Council & Planning Commission Study Sessions (2) A. Prepare presentations 10 $2,000 0 $0 0 $0 4 $400 12 $960 0 $0 10 $504 $3,864 B. Attend Study Sessions: Presentation, q&a, discussion, record direction 12 $2,400 12 $1,800 0 $0 0 $0 0 $0 0 $0 13 $630 $4,830 C. Allowance for follow-up research and modifications per City Council 4 $800 8 $1,200 0 $0 16 $1,600 16 $1,280 8 $520 16 $810 $6,210 12. Complete Plan Concept Level - Modify/refine Final Phase III Deliv. 2 $400 4 $600 0 $0 8 $800 8 $640 8 $520 9 $444 $3,404 13. Phase 11 Project Management 0 101 $2,000 0 $0 0 $0 12 $1,200 0 $0 16 $1,040 13 $636 $4,876 Subtotal 1 273 157 116 373 271 326 519 $197,524 Budget v.2 March 24, 2006 includes Edinger Ave City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomley: Staffing and Budget Spreadsheet (v.2 revised May 24, 2006) (includes Edinger Avenue) Tasks: FTS Only Principal I Principal II Sr Associate Associate Urban Designer I Draftsman Proj Assist 11 Total hours fees hours fees hours fees hours fees hours fees hours fees hours fees Fees PHASE 111: IMPLEMENTING COMMUNITY INTENT: THE SPECIFIC PLAN 1. Develop Coding System A. Develop proposed primary organizing system for regulatory policies 4 $800 4 $600 0 $0 8 $800 0 $0 0 $0 7 $330 $2,530 B. Prepare charts and diagrams for primary regulatory controls 1 $200 12 $1,800 0 $0 16 $1,600 40 $3,200 0 $0 20 $1,020 $7,820 C. Working Session with Planning Staff (incl. travel) 12 $2,400 12 $1,800 0 $0 0 $0 0 $0 0 $0 13 $630 $4,830 2. Coordination with EIR effort A. Prepare "Likely Plan Buildout" development scenarios for EIR analysis 2 $400 2 $300 0 $0 8 $800 24 $1,920 0 $0 10 $513 $3,933 B. Coord. Mtg. w City Staff, EIR Consultant re: Alternatives for EIR (same day as coding system working session) 4 $800 0 $0 0 $0 0 $0 0 $0 0 $0 2 $120 $920 C. Discussions as needed with EIR Consultant 2 $400 0 $0 0 $0 4 $400 0 $0 0 $0 2 $120 $920 3. Prepare Administrative Review Draft Downtown Specific Plan A. Conusulation as needed with City Staff, Economics and Transportation consultants regarding Specific Plan contents; resolution of outstanding issues 8 $11600 4 $600 4 $480 10 $1,000 0 $0 0 $0 11 $552 $4,232 A. Book I: Community Intent 1) Authority $200 0 $0 0 $0 $200 0 $0 1 $60 1 2 0 $0 $460 2) Orienting Sections 1 $200 0 $0 0 $0 4 $400 0 $0 0 $0 2 $90 $690 3) Purpose, Plan Goals & Objectives 4 $800 0 $0 0 $0 6 $600 0 $0 0 $0 4 $210 $1,610 4) Corridor Revitalization Strategy 6 $1,200 0 $0 0 $0 20 $2,000 0 $0 0 $0 10 $480 $3,680 5) The Envisioned Future Corridor 6 $1,200 0 $0 0 $0 12 $1,200 0 $0 0 $0 7 $360 $2,760 B. Book It: Development Regulations 1) Orientation / Applicability 1 $200 0 $0 0 $0 3 $300 0 $0 0 $0 2 $75 $575 2) Site Development Standards 6 $1,200 40 $6,000 0 $0 80 $8,000 0 $0 32 $2,080 52 $2,592 $19,872 3) Street and Open Space Standards & Guidelines 4 $800 16 $2,400 0 $0 40 $4,000 0 $0 20 $1,300 26 $1,275 $9,775 4) Parking Standards & Guidelines (in collaboration) 4 $800 8 $1,200 0 $0 16 $1,600 0 $0 16 $1,040 14 $696 $5,336 5) Architectural Standards & Design Guidelines 18 $3,600 8 $1,200 0 $0 32 $3,200 0 $0 40 $2,600 32 $1,590 $12,190 6) Signage Standards & Guidelines C. Book III: City Actions (includes CIP's, Parking, Mobility, Utilities, Implementation) 4 $800 4 $600 0 $0 16 $1,600 0 $0 16 $1,040 12 $606 $4,646 1) Portions drafted by FTB 2 $400 4 $600 0 $0 24 $2,400 0 $0 40 $2,600 18 $900 $6,900 2) Review portions drafted by sub -consultants, City Staff 2 $400 6 $900 0 $0 16 $1,600 0 $0 0 $0 9 $435 $3,335 D. Appendices 0 $0 2 $300 0 $0 8 $800 0 $0 20 $1,300 7 $360 $2,760 E. Document Design and Formatting 1) Cover Design; prep electronic file - 0 $0 0 $0 0 $0 1 $100 12 $960 0 $0 3 $159 $1,219 2) Document Design and formatting 0 $0 0 $0 0 $0 6 $600 28 $2,240 0 $0 9 $426 $3,266 3) Annotate and format full page graphic illustrations 1 0 $200 0 $0 0 $0 8 $800 12 $960 28 $1,820 11 $567 $4,347 4) Document production: electronic files and hard copy master and repro $0 0 $0 0 $0 4 $400 12 $960 16 $1,040 7 $360 $2,760 4. Plan Orientation Session with Planning Staff (incl. travel) 12 $2,400 12 $1,800 0 $0 0 $0 0 $0 0 $0 13 $630 $4,830 S. City Staff Review of Administrative Draft Specific Plan A. Specific Plan draft review mtg. w City Staff and Project team (incl. travel) 12 $2,400 12 $1,800 0 $0 0 $0 0 $0 0 $0 13 $630 $4,830 B. Receive single marked -up copy with City edits; tel. or video conf. follow-up 2 $400 2 $300 0 $0 2 $200 0 $0 0 $0 3 $135 $1,035 6. Prepare Public Review Draft Specific Plan document A. Modify text, illustrations as directed by City Staff 4 $800 12 $1,800 12 $1,440 24 $2,400 0 $0 56 $3,640 30 $1,512 $11,592 B. Modify cover design as requested 0 $0 0 $0 0 $0 0 $0 8 $640 0 $0 2 $96 $736 C. Incorporate pictures; captions (not in Book II - Regulatory Portion) 0 $0 3 $450 0 $0 6 $600 16 $1,280 0 $0 7 $350 $2,680 D. Adjust electronic formatting and paste-up 0 $0 0 $0 0 $0 6 $600 24 $1,920 0 $0 8 $378 $2,898 E. City Staff telephone Q&A, Coordination, last-minute issues 2 $400 2 $300 0 $0 $200 0 $0 0 $0 3 $135 $1,035 F. Final edits; prepare final camera-ready document; coordinate photo -repro 0 $0 0 $0 0 $0 $300 8 $640 0 $0 3 $141 $1,081 G Forward camera-ready document, PDF Mstr file and copies to City, Subs 0 $0 0 $0 0 $0 $200 2 $160 0 $0 1 $54 $414 7. Coordination with EIR consultant k21 A. Receive/review draft EIR 2 $400 0 $0 0 $0 $800 0 $0 0 $0 4 $180 $1,380 B. Attend EIR coordination session (incl. travel) 0 $0 0 $0 0 $0 $1,200 0 $0 0 $0 4 $180 $1,380 C. Reeview modified draft EIR 2 $400 0 $0 0 $0 $600 0 $0 1 0 $0 1 3 $150 1 $1,150 Budget v.2 March 24, 2006 includes Edinger Ave City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomley: Staffing and Budget Spreadsheet (v.2 revised May 24, 2006) (includes Edinger Avenue) Tasks: FTB Only Principal I Principal II Sr Associate Associate Urban Designer Draftsman Proj Assist II Total hours fees hours fees hours fees hours fees hours fees hours fees hours fees Fees 8. Planning Commission Hearing (2) A. Review and contribute to Plan Addendum received from City Staff _ 4 $800 2 $300 0 $0 6 $600 0 $0 0 _ $0 5 $255 1,9 $55 B. Prepare presentation materials; logistics coordination 6 $1,200 2 $300 0 $0 6 $600 4 $320 0 $0 7 $363 $2,783 C. Attend Hearing - Presentation, respond to questions (incl. travel) 24 $4,800 0 $0 0 $0 0 $0 0 $0 0 $0 14 $720 $5,520 9. City Council Hearing (2) A. Review Plan Addendum received from City Staff; O&A if needed 1 $200 1 $150 0 $0 2 $200 0 $0 0 $0 2 $83 $633 B. Prepare presentation materials; logistics coordination 6 $1,200 2 $300 0 $0 6 $600 4 $320 0 $0 7 $363 $2,783 C. Attend Hearing - Presentation, respond to questions (incl. travel) 24 $4,800 0 $0 0 $0 0 $0 0 $0 0 $0 14 $720 $5,520 10. Prepare Final Version of The Beach Boulevard Corridor Specific Plan A. Coordinate with City Staff regarding remaining issues needing closure 4 $800 4 $600 0 $0 8 $800 0 $0 0 $0 7 $330 $2,530 B. Modify plan; prep Master File and PDF; transmit PDF and copies to City. 4 $800 4 $600 0 $0 24 $2,400 32 $2,560 0 $0 19 $954 $7,314 11. Phase III Project Management 8 $1,600 4 $600 0 $0 12 $1,200 1 0 $0 0 $0 L 10 $510 $3,910 Subtotal 210 184 16 479 226 284 470 $179,354 Totals 621 3771 151 1018 5751 1 7121 1 1186 Subtotal - Professional Services - FTB only B Only: $450,087 Reimbursable Project Expenses (FTB only): $40,508 Reimbursable: Printing Final Specific Plan Documents (50 copies) $8,500 Travel Expenses (FTB only) Maximum allowance for Transportation Planning / Traffic Engineering Subconsultant: $18,180 $75,000 Sub -consultant - Renderer: $7,500 TOTAL PROJECT BUDGET $599,775 Budget v.2 March 24, 2006 includes Edinger Ave ACORDT. CERTIFICATE OF LIABILITY INSURANCE 08107/0 °"''Y"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH Professional Practice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10 California Street Redwood City, CA 94063-1513 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Fidelity and Guaranty Insurance Undw 25879 Freedman Tung & Bottomley INSURER B: St. Paul Protective Insurance Co. 1643 74 New Montgomery Street, Suite 300 INSURER a Ace American Insurance Company 22667 San Francisco, CA 94106-3424 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. I LTR N TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE OAT MM/ D/Y POLICY EXPIRATION ATE MID LIMITS A GENERAL LIABILITY BKO1858987 08/07/06 08/07/07 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTEDrrencel $300 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F—XI OCCUR MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $2 000 000 7X JECT POLICY '0-- LOC A AUTOMOBILE LIABILITY ANY AUTO BKO1858987 08/07/06 08/07/07 COMBINED SINGLE UMIT (Ea accident) $1,000 0O0 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE �F2GE9-7� 9$ vi EACH OCCURRENCE $ AGGREGATE IlcPATH, City A ttomey $ $ DEDUCTIBLE �'/Ax �1�rU9 $ RETENTION $ B WORKERS COMPENSATION AND BW02148276 09/01/05 09/01/06 OTH- X WC SfATU- 1 FIR EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1 0,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S1.000.000 C OTHER professional EONNO1865407 01/27/06 01/27/07 Per Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS All operations of the named insured. See additional insured endorsement attached. Professional Liability are written in aggregate limits of (See Attached Descriptions) City of Huntington Beach Attn: Christopher S. Davis 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL YjV6WftXRMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,M)t K AUTHORIZED /1VVRU " tLV V 1/V9I l Or 3 1fM363S61 WLA O ACUKD GUKPUKA I [ON IVVV IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #M363861 DESCRIPTIONS (Continued from Page 1) liability not less than the amount shown. General Liability Only: The City of Hunington Beach are named as additional insured but only as respects to liability arising out of the named insureds operations. AMS 25.3 (2001/08) 3 of 3 #M363861 Page I of 2 LIABILITY COVERAGE ENHANCEMENT ARCHITECTS AND ENGINEERS ENDORSEMENT Name Insured: Freedman Tung & Bottomley Policy No: BKO1858987 Additional Insured: The City of Hunington Beach. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART 1. The following replaces the final paragraph of SECTION II. WHO IS AN INSURED, 1.: However, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Liability Coverage Part Declarations. This provision does not apply to you, for your participation in any past or present "unnamed joint venture," or if that person or organization is otherwise an insured under Paragraph 2. below. 2. The following is added to SECTION IL WHO IS AN INSURED, 2.: Person Or Organization Required By Written Contract Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is first committed, but only with respect to that person's or organization's liability arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: (1) "Bodily injury," "property damage," "personal injury" or "advertising injury" that does not arise out of: (a) Your negligence; or (b) The negligence of another person or organization for whom you are liable; a. Direct employees; or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamed joint venture" is an insured. St. Paul Form CUBF 26 09 09 03 (2) "Bodily injury," "property damage," "personal injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contact or agreement; (3) "Property damage" to: (a) Property owned, used or occupied by, or loaned or rented to, such person or organization; (b) Property over which such person or organization is for any purpose exercising physical control; or (c) "Your work" performed for the insured; or (4) "Bodily injury," "property damage," "personal injury" or "advertising injury" arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service," when such person or organization is an architect, engineer or surveyor. 3. The following is added to SECTION [I. WHO IS AN INSURED: "Unnamed Joint Venture" You are an insured for your participation in any past or present "unnamed joint venture." However, you are not an insured if the "unnamed joint venture" has: 4. The following replaces SECTION III. LIMITS OF LIABILITY, 2.b.. b. Will apply separately to the sum of all: (1) Damages because of "bodily injury" and "property damage," under SECTION I. COVERAGE, A. Liability above; and (2) Medical payments for "bodily injury," under SECTION I. COVERAGE, B. Medical Payments Page 2 of arising out of each location listed in the Schedule of Premises or each of "your projects;" and 5. The following replaces SECTION IV. CONDITIONS, 5. "Other Insurance," a. Primary Insurance, (2): (a) Paragraph h. Certain Additional Insureds By Contract or Agreement; or (b) Persons Or Organizations Required by Written Contract; if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non-contributory with, such "other insurance." This insurance will then be applied as primary insurance for damages for "bodily injury," "property damage," "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such "other insurance." 6. The following is added to SECTION IV. CONDITIONS, 5. "Other Insurance," b. Excess Insurance: This insurance is excess over an "other insurance" whether primary, excess, contingent or on any other basis that is available to you for your participation in any past or present "unnamed joint venture." (2) However, this insurance will be considered primary To, and non-contributory with, "other insurance" Issued directly to a person or organization added as an addition insured under SECTION II. WHO IS AN INSURED, 2.: 7. The following is added to SECTION IV. CONDITIONS, 8. Transfer Of Rights Of Recovery And Proceeds Against Others To Us. above; However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an additional insured under the paragraph Person Or Organization Required By Written Contract of SECTION II. WHO IS AN INSURED, 2.: a. Because of payments we make for "bodily injury," "property damage," "personal injury' or "advertising injury" arising out of"your work" in ongoing operations or included in the "products -completed operations hazard"; and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury' or "advertising injury" is committed; and C. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. 8. The following are added to SECTION V. DEFINITIONS. "Unnamed joint venture" means any joint venture in which you are a member or partner where: a. Each and every one of your co -ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. "Your premises" means any premises, site, or location owned or occupied by, or rented to, you. "Your project:" a. Means any premises, site or location at, on, or in which "your work" is not yet completed; and b. Does not include "your premises" or any Location listed in the Schedule of Premises. NOTICE OF CANCELLATION: If we cancel this policy for any reason other than non-payment of premium, we will mail written notice at least 30 days before the effective date of cancellation to the Additional Insureds on file with the company. If we cancel this policy for non-payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional insureds on file with the company. St. Paul Form CUBF 26 09 09 03 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: July 19, 2006 2. Department: Planning 3. Requested by: Chris Davis 4. Name of consultant: Freedman, Tung and Bottomley, Inc. 5. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicited consultants in your answer to 11 of this form. 6. Amount of the contract: $599,775 7. Are sufficient funds available to fund this contract?' ❑ Yes ® No 8. Company number and object code where funds are budgeted: 10060201.69365, 9. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes ❑ No 10. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ❑ Yes, ® No 11. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No Explanation: 12. Attach list of consultants from whom proposals were requested (including a contact telephone number). 13. Attach proposed scope of work. 14. A ch proposed payment schedule. partment Head Signature 4�- d RIC ARD MADRIL, Man ger Purchasing/Central Services 1.If the answer to any these questions is "No," the contract will require approval from the City Council. Consultant List: Beach Boulevard RFP Date Sent: February 27, 2006 Deadline: March 24, 2006 Freedman, Tung and Bottomley Ms. Ellen Greenberg 74 New Montgomery Street, Suite 300 San Francisco, California 94105 The Planning Associates J. David Kennon 3151 Airway Avenue, Suite R-1 Costa Mesa, CA 92626 Torti-Gallas and Partners Mr. Neal Payton 523 West 6 h Street, Suite 212 Los Angeles, CA 90014 ATTACHMENT #2 j l 2 3 4 5 6 7 8 g lU ll 12 13 14 15 16 ]7 18 19 20 21 22 23 24 25 28 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY QFB BEACH AND0QSENOW SPEVACEK GROUP, INC. FOR PREPARATION OF AN ECONOMIC REVITALIZATION PLAN FOR THE BEACH BOULEVARD AND BDlNGER CORRIDORS Table of Contents ScopeofServices ..................................................................................................... l AgencyStaff Assistance .......................................................................................... 2 Term; Time ofPerformance ..................................................................................... 2 Compensation-.......................................................................................................... - ExtraWork ............................................ Method of ..--------.---.-3 Disposition __Plans, Estimates--- .---.---.-----.--. ---_-__-- -'------------'—''---'-''' ''—'--'—'—'—'--'—'--- Professional ............................................ ------------------''- '---'--'---'--'''''—'—'-- Independent Contractor '—'—' -----'—'''''--'--'—'--''~ Termination of _—... ..-----..--.—...—.—.—..--.--..6 Assignment and --.--..................................................................... S -----.—.—.----_--------.—.--.---.--'.-7 Agency Employees and Officials ............................................................................. 7 Notices......................................................................................... 7 Consent.................................................................................................................... 0 Modification ...'......'''_'...'..................'...........................'...............'....................'..._8 Section Headings -.-----.'-------.—..—'.-----.----.—.----'8 Interpretation of this Agreement .------.'—..—.—.---.—.--'--..--.--# [>nn|bca1c Original ----.-------.--.-----.----------..---9 Immigration .-----------.—.-----.—'—.--------.-------9 Legal Services Subcontracting Pmobibi8:d..---.-------.------.—.--.. 9 Fees.......................................................................................................... l0 Survival—.—.------.--------.—.----..—'--.--.—..—.------..l0 Governing Law ......................................................................................................... l0 Entirety —.--...----.-------.--.---.---.--..--..—.--.------l0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP, INC. FOR PREPARATION OF AN ECONOMIC REVITALIZATION PLAN FOR THE BEACH BOULEVARD AND EDINGER CORRIDORS Table of Contents Scopeof Services...........................................................................................:........1 AgencyStaff Assistance..............................................................................:...........2 Term; Time of Performance.....................................................................:..............2 Compensation........................................................................................':................2 ExtraWork.............................................................................................................2 Methodof Payment.........................................................................,......................3 Disposition of Plans, Estimates and Other Documents .. ..................3 ......................... HoldHarmless.........................................................................................................3 Professional Liability Insurance..............................................:.............................4 Certificate of Insurance..........................................................................................5 IndependentContractor.....................................................'....................................6 Termination of Agreement ............................................. 6 Assignmentand Delegation....................................................................................6 Copyrights/Patents.....................................................;.............................................7 Agency Employees and Officials...........................................................................7 Notices............................................... 7 Consent............................................................::.....................................................8 Modification.................................................. ' .......................................................... 8 Section Headings Interpretation of this Agreement............................................................................8 Duplicate Original .................................... .................................................................. 9 Immigration.............................................................................................................9 Legal Services Subcontracting Prohibited ................................................... Attorney's Fees .............................„.......................................................................... 10 Survival GoverningLaw......................................................................................................10 Entirety....................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEAC AND ROSENOW SPEVACEK GROUP, INC. FOR PREPARATION OF AN ECONOMIC REVITALIZATION PLAN FOR THE BEACH BOULEVARD AND EDINGER CORRIDORS 1 THIS AGREEMENT ("Agreement") is made and entered into by angAetween the t Redevelopment Agency of the City of Huntington Beach, a public body "of the State of t i California, hereinafter referred to as "AGENCY, and ROSENOW SPEVACEK GROUP, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of,i consultant to prepare an economic revitalization plan for the Beach Boulevard and Edinger Corridors; and Pursuant to documentation on file in the office of the Agency Clerk, the provisions of the Huntington Beach Municipal Code, Chapterr`13.03, relating to procurement of professional service contracts have been complied v ith; and CONSULTANT has been selected to NOW, THEREFORE, it is agreed 1. SCOPE OF SERVICES CONSULTANT these services, CY and CONSULTANT as follows: all services as described in Exhibit "A," which is attached hereto and inc�rporated into this Agreement by this reference. These services shall sometimes hereidafter be referred to as the "PROJECT." CONSULTPT hereby designates John Yonai and Tim Mulrenan who shall represent it and l its sole contact and agent in all consultations with AGENCY during the perform e of this Agreement. IL I 11V lum m 0 U A " "m I a 2 06-360/3146 f I t 2. AGENCY STAFF ASSISTANCE AGENCY shall assign a staff coordinator to work ` directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of the Agreement by AGENCY (the "Commencement Date"). This Agreement shall expire on August 7, 2008, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two years from the Commencement Date of this Agreement. These times may be extended with the written permission of AGENCY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by AGENCY and CONSULTANT; 4. COMPENSATION In consideration of, the performance of the services described herein, AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Sixty Two Thousand Two Hundred and Sixty Dollars ($162,260.00). 5. the event AGENCY requires additional services not included in Exhibit "A" or chans in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from AGENCY. 06-360/3146 2 T A AKEN" Additional compensation for such extra work shall be allowed only if the prior approval of AGENCY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS. ESTIMATES AND OTHER D'OCUMI CONSULTANT agrees that title to all materials ,prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to AGENCY,,'"and CONSULTANT shall turn these materials over to AGENCY upon expiration of termination of this Agreement or upon PROJECT completion, whichever shall occut first. These materials may be used by AGENCY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby' agrees to protect, defend, indemnify and hold harmless AGENCY, its officers, ;olected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs/(including, without limitation, costs and fees of litigation of every nature or liability' of any kind or nature) arising out of or in connection with �o. CONSULTANT's (of CONSULTANT's subcontractors, if any) negligent performance of this Agreement its failure to comply with any of its obligations contained in this Agreement by' CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of AGENCY. CONSULTANT will conduct all defense at its sole cost and expense and AGENCY shall NO` A C T 10 N 06-360/3146 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits f'I do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to AGENCY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of AGENCY. A claims -made policy shall be -acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or, replacements). B. CONSULTANT shall notify AGENCY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of afleast two (2) years to report claims arising from work performed in connection with this Agreement. N " 0 A 0 " ' " N I ff � EL 11 06-360/3146 4 TAKEN 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY a certificate of insurance subject to approval qf� the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain "the foregoing insurance coverage in force until the work under this Agreement is fully°completed and accepted by AGENCY. The requirement for derogate from CONSULTANT's de set forth in this Agreement. AGFN ing the foregoing insurance coverage shall not hold harmless and indemnification obligations as CY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. p, 11. INDEPFDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement an independent contractor herein and not as an employee of AGENCY. 1 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payme>i of all taxes, social security, state disability insurance compensation, N(w)' A C "I'm 1 404" Iff 06-360/3146 5 T . , 06-360/3146 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Rosenow Spevacek Group Inc. ("RSG") will review the Edinger ar)d Beach Corridors and: (1) recommend initiatives to improve marketing and ouructure ach with businesses and property owners, (2) suggest priorities for public infras and facilities capital improvements; (3) advise on the investment of General F nd and other revenues to the extent appropriate to facilitate the implementation of rev" alization goals; (4) within the context of market demand, recommend alterati s to land use designations and policies; and (5) recommend other activities and rye to stimulate economic activity and development within these corridors that wi be beneficial to the corridors and the City. B. CONSULTANT'S DUTIES AND RESPONSIBILI Task No. Scope of Service , Time Frame 1. Coordinate with the Concord Group n research, investigation, and documentation to develop an economi strategy for revitalizing each study area within the broader citywide eco mics. 5 weeks 2. Coordinate with the Concord G up to review economic data including taxable sales, property tax at, and other financial records from businesses within and proxi to to the study areas to be analyzed and summarized into a report. // 3 weeks 3. Be able to participate as part of an integrated team consisting of community stakeholder city staff, and the urban design firm. For the short term, identify immediate opportunities. Ongoing 4. Coordinate with t/a' °e Concord Group to prepare a market study for each corridor. Include discussion about current building forms and industry trends in termVof physical space. Include a fiscal analysis of multi -family (mixed use) Vousing to demonstrate how residential could work on these two major 7freets. Include an analysis of commercial development and relationsho to housing. 5 weeks 5. Develo economic strategies including short-term and long-term strate ies, including possible incentives for private investment within the stud areas. 3 weeks 6. P ovide for funding strategies to create or improve infrastructure within the itudv areas. 3 weeks 7. ,° Assist Freeman, Tung and Bottomley (FTB) in prioritizing site -specific opportunities for economic revitalization, and recommend specific types of users for each corridor and provide sample pro -forma analysis for those uses. Ongoing 0 u Wook A T 10 N jmp/contracts group/exA/8/1/06 TAKEN EXHIBIT "A" 8. Be able to participate as part of an integrated team consisting of community stakeholders, city staff, and the urban design firm. /Ongoing 9. Provide a final report for each study area that is copy ready,,,and prepared as an electronic document that can be posted on the Cit website. The documents must be electronically indexed and searchaNein a Microsoft Word format. 4 weeks C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Coordinating and attending meetings and workshops with various stakeholders, f 2. Providing information required for the assignment, 3. Providing contact information for parties to be included as part of the assignment, 4. Providing feedback on recommendations and findings, 5. Advising RSG on the political, financial, land use, and other possible aspects of the City environment that will impact the success of possible initiatives. A RSG anticipates completing this assignment as early as 6 months, and as late as 9 months, from receiving thi assignment, depending upon the number of meetings, availability of stakeholders,ond responsiveness of the outside parties contributing to the assignment. A more detailed list of the estimated schedule by task is included in Consultant's Duties and,f�esponsibilities above. jmp/contracts group/exA/8/I/06 EXHIBIT "B" Payment Schedule (Hourly Payment) A CTIO 00-1ki A. Hourly Rate s CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Principal/Director..................................................................`... $185 Senior Associate.................................................................`.... $150 Associate............................................................................... $130 Senior Analyst......................................................................... $105 Analyst.....................................................................,:.............. $ 95 Research Assistant.............................................................. $ 85 Word Processor/Graphic Artist ..........................::`.................... $ 65 Clerical................................................................................... $ 55 Reimbursables .........................................................Cost Plus 10% B. Travel 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. As CITY sometimes uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs. Subject to agreement otherwise, CONSULTANT will be held to charging no fees on travel time to or from Huntington Beach. 3. Automobile expenses' are limited to the IRS standard business mileage rate. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall`be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY, without prior written consent of CITY. C. Billing 1. All billing shall be done monthly in one -tenth -hour (0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the case or matter. agree/forms/exB-hourly fee/8/1/06 EXHIBIT B 1 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) 3. Telephone, cellular phone and postage charges are billable at actual cost ' A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will, not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges./ / This includes per page or hourly charges. j 6. CITY will not pay for billing or discussiop/bf bills. If CITY has questions about billing or needs additional information oh bills, that is not a chargeable event; CONSULTANT should respond withoutl harging CITY for the time required. 7. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done r and billed another client.for in the past. 8. Delivery of work product: A", copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any sucy product, CITY shall identify specific requirements for satisfactory completion.,` 9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Refernce this Agreement; B) Desbe the services performed; C) Sh�w the total amount of the payment due; D) Iptlude a certification by a principal member of CONSULTANT's firm that oie work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. submission of any such invoice, if CITY is satisfied that CONSULTANT is ng satisfactory progress toward completion of tasks in accordance with this eement, CITY shall approve the invoice, in which event payment shall be made fee/8/1/06 EXHIBIT B 2 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 10. Any billings for extra work or additional services authorized: in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be`treated as separate and apart from the ongoing performance of the remainder of this' Agreement. agree/forms/exB-hourly fee/8/l/06 EXHIBIT B 3 Hourly Payment , 7 N S `N INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUESX, � t JUL 2 0 200 1. Requested by: Doris Powell, Economic Development Citycif CtyAtterneuntingr,:r3 Beach 2. Date: July 20, 2006 y�s of ice 3. Name of contractor/permittee: Rosenow Spevacek Group Inc. 4. Description of work to be performed: Provide economic analysis services to the city 5. Value and length of contract: $162,260, August 7, 2006 - Augus J 7, 2008 6. Waiver/modification request: $10,000 retention/professional Liability insurance 7. Reason for request and why it should be granted: unable to comply with the city's deductible/SIR insuraces requirement 8. Identify the risks to the City in approving this waiver/modification: None Head Signature July 20, 2006 Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required fora request to be granted. Approv ro the City Admin' 'trator's Office is only required if Risk Manageme ,Rta,nd Vie City Attorney' i disagree. 1. �i?k Management Approved ❑ Denied Si nature Date 2. City Attorney's Office proved ❑ Denied Signature U Date 3. City Administrator's Office ❑ Approved ❑ Denied r Signature Date If approved, the ceimpleted waiver/modification request is to be submitted to the City Attorney's Office alovig with the contract for approval. Once the contract has been approved, this form is to be Aled with the Risk Management Division of Adminisirative Services Insurance & Indemnification Waiver d 1 712012006 11:18 AM A RDTM CERTIFICATE OF LIABILITY INSURANCE °"`'�""°°"`"�`' 7/19 2006 PRODUCER (714) 836-9945 PAX (714) 836-9946 The Empire Company PHOLDER. 550 Parkcenter Drive Suite 205 Santa Ana CA 92705-3521 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY 7HE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC0 INSURED Rosenow Spevacek Group, Inc. 309 W. Fourth Street Santa Ana CA 92701 INSURERA Hartford Insurance,'` INSURER 8: National Fire It L abilit INSURER C: National Union F re Ins. INSURER D: INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIO PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS )CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXC} USIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. / ILTR NSR IN TYPE OF INSURANCE POLICY NUMBER POLICY E"EcTIVE DATE MM7DD/YY N POLICY EXPIRATION DAT LIMITS GENERAL LIABILITY j EACH OCCURRENCE S 1,000,000 PREMGSEB EaENTEo= ence 11 300,000 X COMMERCIAL GENER�AL f MEDEXP(Any one n $ 10,000 A �LIABILITY CLAIMS MADE L�`JOCCUR 72SBAAK6040 3/l/2006 3/1/'"2007 PERSONAL 9 ADV INJURY $ 1.000,000 GENERAL AGGREGATE f% 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO B 2,000,000 X POLICY 7 JE OT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 6 1,000,000 (Ea accident) ANY AUTO BODILY INJURY A ALL 0INNEDAUTOS 72SBAAH6040 3/l/2006 3/l/2007 (Per person) $ SCHEDULED AUTOS BODILY INJURY 9 X HIRED AUTOS X NONAwNEO AUTOS APP T, A � 1� Aa7 (Per accident) 9' IL I ' PROPERTY DAMAGE 8 (Per accident) GARAGE LIABILITYY AUTO ONLY - EA ACCIDENT $ ANY AUTO ;lr THER THAN EA ACC $ t`g AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY OCCURRENCE i 1,000,000 X OCCUR CLAIMS MADE AGGREGATE 11000,000 S A DEDUCTIBLE 72sB m6040 3/l/2006 3/l/2007 e = RETENTION S B WORKERS COMPENSATION AND t WC t� X TORY LIIM. S MR' E.L. EACH ACCIDENT _ 9 EMPLOYERS' LIABILITY , f ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERnAEMBEREXCLU0EO9 0100018884�061 3/l/2006 3/1/2007 E.LDISEASE-EAEMPLOYEE 8 11000,000 If SPTECIALPROV devAibe Linder Sbelow f E.L. DISEASE -POLICY LIMIT $ 11000.000 OTHER Errors & Omissions 00490646 3/l/2006 3/l/2007 Each Wrongful Act 21000,000 C r Aggregate 2,000,000 Retention 10,000 DESCRIPTION OF OPERAMONWLCCATIONWVENICLEStfiXgLMONS ADDED BY ENDORSEMENTMPECIAL PROVISIONS 10 Day notice of cancellation apples for nonpayment of premium. Certificate holder is named as additional insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Redevelopment Agency of the EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ,ONHMMM MAIL City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, XXX Attn: Doris Powell 200 Main St6�� Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Larry Jones/EMILY ACORD 26 (20011081 a ACORD CORPORATION 1988 IN3025 (oiospB AM$ VMP Mortgage SouIons, Inc. (aW)327-050 Papa 1 Ot 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(tes) must be endorsed. A. statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). f' If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to/the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not%constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does. it affirmatively or negatively amend, extend or after the coverage afforded by the policies fisted thereon. a ACORD 25 (2001/08) CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification July 20, 2006 IVY Economic Development Doris Powell 4. Name of consultant: Rosenow Spevacek Group Inc. CTIGt.: r:KEN 5. Attach the written statement of the specification, conditions; and other requirements for the requested services that was provided to solicited consultants in your answer to 11 of this form. 6. Amount of the contract: $162,260 V 7. Are sufficient funds available to fund this 8. Company number and object code where ?1 ❑ Yes ® No are budgeted: 305.80101, 9. Is this contract generally described ,on the list of professional service contracts approved by the City Council'? ❑,?des ® No 10. Is this contract within $25,000 or Z5% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ElYes, ® No 11. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No °'Explanation: 12. Attach list of consultt1p1s from whom proposals were requested (including a contact telephone number). ,✓/`� 13. Attach proposed scope of work. 14. Attach proposed payment schedule. Departmew Head Signature ALL R H &KD A ADRIL, Mani er Purchasing/Central Services 1.If the answer to any these questions is "No," the contract will require approval from the City Council. El Economic Development Department Economic Analysis RFP — May 2006 Beach Blvd / Edinger Corridor Economic Development Revitalization Strategy RFP DISTRIBUTION Frank Spevacek Rosenow Spevacek Group, Inc. 217 North Main Street, Ste. 300 Santa Ana, CA 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 spevacek .aol.com Lynn Sedway The Sedway Group 505 Montgomery Street Ste 600 San Francisco, CA 94111 (415) 781-8900 Mr. Jim Rabe Keyser Marston Associates, Inc. 500 S. Grand Avenue, #1480 Los Angeles, CA 90071 Phone: (213) 622-98095 Mr. David Wilcox Economics Research Associates 10990 Wilshire Blvd, Ste. 1500 Los Angeles, CA 90024 (310) 477-9585 f i r f f 1' J' Request for Proposals Economic Revitalization Strategic Beach Boulevard Co And Edinger Corridor City of Huntington Beach Economic Development Department 2000 Main Street, 5th Floor Huntington Beach, CA 92648 Stanley Smalewitz, Director (714)536-5582 Proposals Due Friday, June 2, 2006, 4: 00 pm Introduction This RFP has two components that will result in an Economic Development Revitalization Strategic Plan for two important corridors: 1) Beach Boulevard and 2) Edinger Corridor. The Economic Development Revitalization Strategic Plan will support the rationale for possible land - use intensification and/or recommend a change of use based upon economic trends and community goals. Within citywide economics, the economic analysis for these two corridors needs to be tied together given their direct relationship. Beach Boulevard In September 2005, a workshop was held with the City Council and staff on Beach Boulevard planning and revitalization. In February 2006, a Request for Proposals (RFP) was issued to select a consultant to formulate a study of Beach Boulevard that would develop a clear and comprehensive strategy to maximize the utility of Beach Boulevard. A firm will be selected to study land -use, mobility functions, and integration with surrounding neighborhoods, as well as proposing implementation tools for use in defining the City's vision and instigating change. Beach Boulevard is a primary north - south entry to the City for residents, shoppers and visitors. As State Route 39, Beach Boulevard is a six -mile, six -lane divided thoroughfare that is home to the majority of the City's revenue generating uses, from the redeveloped Bella Terra commercial center, to the destination resort hotels along Pacific Coast Highway. Although new development along Beach Boulevard has remained consistent with the City's General Plan and Zoning Code, efforts to create a unique vision for Beach Boulevard have not been realized. Beach Boulevard lacks continuity and identification. Auto dealerships predominate the boulevard where smaller retail centers, medical facilities, residential, and underutilized properties are also located. Public improvements such as sidewalks are missing where there are either vacant or older developments. City of Huntington Beach Economic Development Department June 5, 2006 MUN=Beach Boulevard MMMM Edinger Corridor U � ` W d m E m 2 c 9 i v 5. ` Z a„ .< McFadden • .�� }� Y*k�� N � o - ' Ellis 0an r e M Gafield ,'�s'Yorktown _ Adams TAKE NO Beach / Edinger Request for Proposals Page 1 Edinger Corridor In 2000, the City Council approved this corridor as an important economic area for the City. A Specific Plan was drafted for the area, but due to recent discussions desiring �ncreased intensification along the corridor, it is necessary to re -issue an RFP for that' effort. As background, the economic study done in 2001 will be made available to the selecied firm. The Draft Edinger Corridor Specific Plan is available on the City's website at: httpZ//www.surfcity- hb.orWcitydepartments/ED/current l2rojects/planningefm The Edinger Corridor encompasses approximately 242.8± acres in the norteastern section of the City of Huntington Beach, adjacent to the City of Westminster and soutl#est of the San Diego Freeway (I-405). Surrounding land uses include single and mul ple family residential developments, and retail development along Edinger and Beach Boulevard. A part of the corridor is within the Huntington Beach Redevelopment Project Ar , Huntington Center sub- area. The newly developed Bella Terra entertainment/retail center •s an economic cornerstone located at Beach Boulevard and Edinger is within The Crossings pecific Plan and within the redevelopment area. Although the Edinger Corridor excludes B la Terra, the City desires that the economic and design influences of Bella Terra impact the urrounding area. The Edinger Corridor study area might be reconfigured before the start of th consultant's study. Objectives: The initial objectives of the Economic Development Revitalization Strategic Plan is to ensure that the City is doing everything it can to encourage private sector investment and success for these two corridors. The objectives for the study include: 1. Initiatives to improve marketing and outreach with businesses and property owners; 2. Prioritization of capital improvements (public infrastructure and facilities); 3. Investment of General Fund and other revenues to the extent appropriate to facilitate the implementation of revitalization goals; 4. In context of market demand, recommend alterations to land use designations and policies; 5. Other activities and initiatives as identified by the consultant team. Scope of Services At a minimum, the selected firmshall prepare a proposal that provides the services below for each study area, providing separate cost estimates for each: 1) Beach Boulevard and 2) Edinger Corridor. Any additional services outside those itemized should include a rationale for their pertinence to the objectives.;for this project. 1. Perform necessary research, investigation and documentation to develop an economic strategy fqq``revitalizing each study area within the broader citywide economics. City of Huntington Beach Beach / Edinger Economic Development Department Request for Proposals June 5, 2006 Page 2 2. Review economic data including taxable sales, property tax data and other financial records from businesses within and proximate to the study areas to be analyzed and summarized into a report. \` 3. Be able to participate as part of an integrated team consisting of community stakeholders, city staff and the urban design firm. For the short-term, identify immediate opportunities. 4.. Prepare a Market Study for each corridor. Include a discussion about current building forms and industry trends in terms of physical space. Include a fiscal analysis of multi -family (mixed use) housing to demonstrate how residential could work on these two major streets. 5. DevOop Economic Strategies including short-term and long-term strategies, including possible incentives for private investment within the study areas. 6. Provide for funding strategies to create or improve infrastructure within the study areas. 7. Assist in prioritizing site -specific opportunities for economic revitalization, and recommend specific types of users for each corridor and provide sample pro -forma analysis for those uses. 8. Participate in the project team by attending study sessions and public hearings. 9. Provide a final report for each study area that is copy ready and prepared as an electronic document that can be posted on the City's website. The documents must be electronically indeed and searchable in a Microsoft Word format. Submittal Requirements Please submit six (6) bound copies of your proposal (not to exceed 20 pages) and one electronic copy that shall include the following components: 1. Introductory letter, not to exceed three pages in length, should summarize key elements of the proposal and succinctly summarize why the consultant team is qualified for the engagement. 2. Background and Protect Summary Section: The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished, including a narrative description the consultant team's understanding of the engagement, itemization of the tasks involved, and a schedule for performance for each area: 1) Beach Boulevard and 2) Edinger Corridor. 3. Methodology Section: Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services of this RFP. This should include the timetable of major tasks/activities, proposed milestone dates, work hours, and the estimated cost to achieve each of the milestones in the proposed schedule. The Methodology Section should include: a. An implementation plan that describes in detail (i) the methods, including controls, by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. City of Huntington Beach Beachl Edinger Economic Development Department Request for Proposals June 5, 2006 Page 3 b. Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Services" section. c. Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion. d. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to facili*te your compliance review. The tasks described will be used to provide a b�s'`is for an evaluation of the interface between the two staffs and the impact ph the City's resources. 4. Staffing: Provide a list of individual(s) who will be working o0his project and indicate the functions that each will perform. Include a resin for each designated individual. Qualifications: Experience summary, including an expla�tation as to how the consultant team is qualified and at least three exam les "f projects (including client references) withi ilar wefrk has been performed. Experience and references for any_subconsultants shall also be included. Upon award and during the contract period, if the contractor c- oses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approva'1 before they begin work. 6. Fee: Provide a not -to -exceed fee proposal fir each study area, inclusive of hourly consulting services and any reimbursable costs. Proposals, which appear unrealistic in the terms''of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. Late proposals will be returned unopened. All proposals shall be submitted no later than 4:00 pm on Friday, June 2, 2006 to: Stanley Smalewitz, Director Economic Development Department City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 From the date that this RFP is issued until a firm is selected and the selection is announced, communications regarding this RFP are not allowed with any City employee other than the contracting officer listed above. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City.. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach - Official City Web site - Business - Bids &'RFP's; proposers should check this web page daily for new information. City of Huntington Beach Economic Development Department June 5, 2006 Beach / Edinger Request for Proposals Page 4 'ontract/Insurance Requirements 1. The consultant will be required to have a Business License with the City of Huntington Beach before entering into a contract for services. 2. Professional Liability Coverage of $1,000,000 per occurrence. A claims- made \, policy is acceptable if the policy further provides that: a. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements) b, Consultant 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 insured. 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 the contract. d. The reporting of circumstances or incidents that might give rise to future claims. 3. A sample contract is,included as an attachment for reference. Any proposed modification to the sample contract shall be subject to approval by the City Council and need to be identified in the Proposal. 4. All reports, drawings, photographs, and documents shall become the property of the City of Huntington Beach. y Evaluation Criteria Proposal will be evaluated by a committee consisting of representatives from the Economic Development Department, and Planning Department on the basis of the responses to all of the provisions of this RFP. The City of HuntingtoA Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in whit they appear is not intended to indicate their relative importance: 1. Compliance with RFP requirements 2. Understanding of the project 3. Recent experience in conducting similar scope, complexity, and magnitude for other public agencies. Nu Au- i ION 4. Educational background, work experience, and,directly IL 2 related consulting experiences. Oh 5 5. Price 6. References The City may also contact and evaluate the proposer's and subcontractor's references; contact any proposer to clarify any response; contact any current users of a proposer's services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The evaluation committee shall not be obligated to accept the lowest priced proposal, but shall make an award in the best interests of the City. City of Huntington Beach Economic Development Department June 5, 2006 Beach / Edinger Request for Proposals Page 5 After written proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview will be question/answer format for the purpose of clarifying the intent of any portions of the proposal. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, should be present,,af' the oral interview. r' A Notification of Intent to Award may be sent to the vendor selected. Awar ,is contingent upon the successful negotiation of final contract terms. Negotiations shall b confidential and not subject to disclosure to competing vendors unless an agreement i reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring vendor or withdraw the RFP. Disclaimer This RFP does not commit the City to award a contract, 91 to pay any costs incurred in the preparation of the proposal. The City reserves the right to;"xtend the due date for the proposal, to accept or reject any or all proposals received as a result of the this request, to negotiate with any qualified consultant, or to cancel this Request for Prdposal in part or in its entirety. The City may require the selected consultant to participate in negotiation and to submit such technical, fee, or other revisions of their proposals as my result from negotiations. Contact Person Questions regarding this RFP, please 714-536-5225 or at crunzel(w-,surfcity-ht Attachments • Community Profile • Sample Contract J,. Carol Runzel, Assistant Project Manager at City of Huntington Beach Beach / Edinger Economic Development Department Request for Proposals June 5, 2006 Page 6 ATTACHMENT #3 INTERDEPARTMENTAL COMMUNICATION FINANCE DEPARTMENT p�CITY OF HUNTINGTON BEACH /®� TO: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR FROM: DAN T.VILLELLA, CPA, FINANCE DIRECTOR SUBJECT: FIS 2005-06-29 Approval Of Professional Services Agreements With Freedman, Tung and Bottomley, Inc. and Rosenow Spevacek Group Inc. for Preperation of Economic Revitalization Strategic Plan Beach Boulevard Corridor and Edinger Corridor and Appropriation of $762,035 DATE: JULY 19, 2006 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approval Of Professional Services Agreements With Freedman, Tung and Bottomley, Inc. and Rosenow Spevacek Group Inc. for Preparation of Economic Revitalization Strategic Plan Beach Boulevard Corridor and Edinger Corridor and Appropriation of $762,035" If the City approves the recommended action (total appropriation $762,035 of which $480,977 is from the General Fund and $281,058 is from the Redevelopment Agency's Merged Capital Projects Fund), the estimated Second Tier Reserve Fund Balance in the General Fund will be reduced to $4,610,000 and the Redevelopment Agency's Merged Capital Project Fund Balance will be reduced to $16,039,000. In order to fund this $480,977 of Agency debt repayments to the General Fund in fiscal year 2005-2006 will not be made. Dan T. Villella Finance Director RCA ROUTING SHEET INITIATING DEPARTMENT: Planning/Economic Development SUBJECT: Professional Services Agreements with Freedman, Tung and Bottomley, Inc. and Rosenow Spevacek Group Inc. for Beach Boulevard/Edinger Corridor Study COUNCIL MEETING DATE: I September 5, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorne ( pp Y Y Y) Attached Not Applicable ❑ Fiscal Impact Statement (Unbud et, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Re ort If applicable p ( pp ) Attached Not Applicable ❑ Find in s/Conditions for Approval and/or Denial g pp l Attached Not Applicable ❑ ATTACHMENTSEXPLANATION FOR MISSINd REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) ( ) City Clerk EXPLANATION FOR: RETURN OF ITEM: RCA Author: M. Broeren/C. Davis/D. Powell i, CITY OF HUNTINGTON BEACH fro 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 13, 2006 Freedman, Tung, Bottomley 74 New Montgomery Street, Ste. 300 San Francisco, CA 94105-3424 Attn: Ellen Greenberg Dear Ms. Greenberg: Enclosed for your records is a copy of the Professional Services Contract between City of Huntington Beach and Freedman, Tung and Bottomley for Preparing Beach Boulevard Revitalization Strategy. Sincerely, an L. Flynn City Clerk JF:pe Enclosure: Agreement G:foI1owup:agrmt1tr (Telephone: 714-536-5227 ) (9) August 21, 2006 - Council/Agency Agenda - Page 9 E-10. (City Council/Redevelopment Agency) Approve Professional Services Agreements in the Amount of $599,755 with Freedman, Tung and Bottomley, Inc. (FTB), and $162,260 with Rosenow Spevacek Group, Inc. (RSG) for Preparation of the Economic Revitalization Strategic Plan for Beach Boulevard and Edinger Corridor City Action: Motion to Approve the Professional Services Contract Between the City of Huntington Beach and Freedman, Tung and Bottomley (FTB) for Preparing Beach Boulevard Revitalization Strategy, in the amount of $599,775 for preparation of a Corridor Revitalization Strategy and Specific Plan for Beach Boulevard (including Edinger Avenue) and authorize the Mayor and City Clerk to execute the contract; appropriate four hundred eighty thousand nine hundred and ninety-seven dollars ($480,997) from the City's General Fund to account 10060201.69365; AND Agency Action: IMotion to 1. Approve he Professional Services Contract Between the Redevelopment Agency of the City of Huntington Beach and Rosenow Spevacek Group, Inc. (RSG) for Preparation of an Economic Revitalization Plan for the Beach Boulevard and Edinger Corridors in the amount of $162,260, and authorize the Chairman and Agency Clerk to execute the agreement and appropriate one hundred sixty two thousand two hundred and sixty dollars ($162,260) from undesignated Redevelopment Agency Merged Capital Funds Balance to account 30580101.69365 for the RSG contract. 2. Appropri to $118,778 from undesignated Redevelopment Agency Merged Capital Funds Balance to account 30580101.69365 for the FTB contract; and authorize the Director Of Planning to expend the Agency funds allocated to the FTB contract. Submitted by the Funding Source: Merged Capital I 30580101.6936; Professional Ser Pulled by staff i E-11. (City Ca List — Approve of Public Works signals are typic and Traffic Impc, City's annual Ca Approved 7-0 Director of Economic Development and Acting Director of Planning. A total appropriation of $762,035: $281,038 from Redevelopment Agency unds Balance to the Redevelopment Agency Professional Services Account and $480,997 from the General Fund to the Planning Department ices Account, 10060201.69365 is being requested. a date uncertain. ncil) Approve the 2006 Recommended Citywide Traffic Signal Priority ie 2006 Recommended Traffic Signal Priority List. Submitted by the Director Funding Source: None required for the recommended action. Traffic illy funded through a variety of sources including grants, Air Quality funds, :t Fees. The Traffic Signal Priority List is used in developing a portion of the )ital Improvement Program (CIP). Council/Agency Meeting Held: Deferred/Continued to:Gc.tC" ❑ Approved ❑ Conditionally Approved ❑ Denied 2106 AUG 15 j_. Ci ler Sig turfUP,1TE ?GT0 Council Meeting Date: 8/21/2006 Department ID Number: ED 06-34 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL/REDEVELOPMENT AGENCY ACTION 1`1 8• 15 SUBMITTED TO: HONORAB E MAYOR AND CITY COUNCIL MBERS SUBMITTED BY: PEN EL E CUL ETH-GRAFT, A�CIT �DMITRATOR PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC D VELOPMENY8*, +, SCOTT HESS, ACTING DIRECTOR OF PLANNIN SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH FREEDMAN, TUNG AND BOTTOMLEY, INC. AND ROSENOW SPEVACEK GROUP INC. FOR PREPARATION OF THE ECONOMIC REVITALIZATION STRATEGIC PLAN FOR BEACH BOULEVARD AND EDINGER CORRIDOR AND APPROPRIATE $762,035. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Transmitted for City Council and Redevelopment Agency consideration are two professional services agreements for the purposes of completing planning and economic development analyses related to the revitalization of Beach Boulevard and Edinger Avenue. This project is being initiated based on direction from the City Council in Fall 2005 and as a result of public input relative to the Edinger Corridor. Funding Source: A total appropriation of $762,035: $281,038 from Redevelopment Agency Merged Capital Funds Balance to the Redevelopment Agency Professional Services Account 30580101.69365 and $480,997 from the General Fund to the Planning Department Professional Services Account, 10060201.69365 is being requested. (See Attachment 3) Recommended Action: City Action Motion to: 1. Approve the Professional Service Contract between the City of Huntington Beach, and Freedman, Tung and Bottomley, Inc. (FTB), (Attachment 1), in the amount of $599,775 for preparation of a Corridor Revitalization Strategy and Specific Plan for Beach Boulevard (including Edinger Avenue) and authorize the Mayor and City Clerk to execute the contract; appropriate $480,997 from the City's General Fund to account 10060201.69365. REQUEST FOR ACTION MEETING DATE: 8/21/2006 DEPARTMENT ID NUMBER:ED 06-34 Agency Action Motion to: 1. Approve the Professional Services agreement between the City of Huntington Beach Redevelopment Agency and Rosenow Spevacek Group Inc. (RSG), (Attachment 2) in the amount of $162,260 for preparation of a corridor revitalization strategy for Beach Boulevard and Edinger Corridor, and authorize the Chairman and Agency Clerk to execute the agreement and appropriate $162,260 from undesignated Redevelopment Agency Merged Capital Funds Balance to account 30580101.69365 for the RSG contract. 2. Appropriate $118,778 from undesignated Redevelopment Agency Merged Capital Funds Balance to account 30580101.69365 for the FTB contract; and authorize the Director of Planning to expend the Agency funds allocated to the FTB contract. Alternative Action(s): The City Council/Redevelopment Agency may make the following alternative motion(s): Deny the Professional Services Contracts between the City and Freedman, Tung and Bottomley, Inc. and Rosenow Spevacek Group Inc. 2. Continue the item and direct staff accordingly. Analysis: A. PROJECT BACKGROUND Beach Boulevard, also designated State Route 39, is the main traffic artery in the City of Huntington Beach. An eight lane (divided) principal artery, Beach Boulevard runs six miles from Pacific Coast Highway in the South to the City's northern border at Interstate 405. Beach Boulevard ultimately continues beyond the City through Westminster, Stanton, and Buena Park into the City of Azusa at the base of the San Gabriel Mountains. Beach Boulevard and Edinger Avenue are two primary economic engines for the City of Huntington Beach, including auto sales, various commercial developments, supermarkets, both large and small retail, as well as residential, institutional, and many other land -use functions. Key retail establishments along or proximate to Beach Boulevard include The Beach Boulevard of Cars, Bella Terra Regional Shopping Mall, 5-Points Shopping Center, Wal-Mart, and the Hyatt Regency Resort & Spa. Edinger Avenue includes Bella Terra and a number of retail centers. It is the City's desire to enhance and maximize the potential of these major thoroughfares. Although the City has been able to improve economic opportunities along Beach Boulevard, this artery lacks the characteristics that provide identity and clarity of location, incorporating various nondescript strip commercial centers, a wide range of signage, and inconsistent GADoris PoweIRED 06-34.doc -2- 8/14/2006 6:21 PM REQUEST FOR ACTION MEETING DATE: 8/21/2006 DEPARTMENT ID NUMBER:ED 06-34 landscaping. While individual establishments along the corridor have had various degrees of success, there is no synergy to the current process. Likewise, efforts to create a strategy for the Edinger Corridor have not come to fruition. In recent years, the City has made an effort to develop specific plans for key areas within the City to maximize their unique assets. This includes the Downtown Specific Plan to maximize the City's tourism potential and create a cultural magnet for residents and visitors alike, the Holly-Seacliff Specific Plan for a major residential development, and the McDonnell Centre Business Park Specific Plan. Although new development along Beach Boulevard has remained consistent with the City's General Plan and Zoning Code, efforts to create a unique vision for Beach Boulevard have not been realized. When the City updated its General Plan in 1996, there was discussion regarding potential mixed use or residential uses at key nodes. Although this concept did not materialize, there has been renewed interest in these concepts as well as enhancing the pedestrian experience and focusing on design solutions. The Beach Boulevard Revitalization Strategy and Specific Plan is intended to determine and implement a clear vision for growth and change along the Beach Boulevard Corridor. This effort will incorporate Edinger Avenue. The specific configuration that new public and private investment along the corridor will take will be determined by a planning process involving city officials, citizens, stakeholders and city staff. Specifications to guide land use and development intensity, site layout, building design, site landscaping and signage will be detailed in the document created from this effort. Land use and development standards contained in the specific plan will be drafted to replace pre-existing zoning regulations, and to assist the community to more effectively attract investment and improve the evolving image and identity of the City. B. CONSULTANT SELECTION PROCESS Planning Staff solicited proposals from three qualified consultants for the urban design and planning aspect of this project: ■ Freedman, Tung & Bottomley, Inc. ■ The Planning Associates ■ Torti-Gallas and Partners Freedman, Tung & Bottomley, Inc are recognized as the leading experts in corridor revitalization. In September 2005, representatives from FTB conducted a one -day workshop for the City Council, businesses, staff and interested residents on revitalization strategies. Following this workshop, Council directed staff to solicit proposals for creating a strategy for Beach Boulevard. Although Planning Associates submitted a marginal proposal, a number of key tasks were outsourced to subcontractors creating concerns as to lines of communication and prioritization of tasks. Torti-Gallas did not respond to the RFP. GADoris PoweIRED 06-34.doc -3- 8/14/2006 6:21 PM REQUEST FOR ACTION MEETING DATE: 8/21/2006 DEPARTMENT ID NUMBERED 06-34 Economic Development Staff solicited proposals from four qualified consultants for the economic market analysis aspect of this project: ■ Rosenow Spevacek Group Inc. ■ Economic Research Associates ■ Keyser Marston Associates Inc. ■ The Sedway Group Rosenow Spevacek Group Inc. was selected from the three respondent firms. Rosenow Spevacek Group consultant team brings a wealth of knowledge in real estate economics, with first-hand experience in real estate brokerage, development, and project design. The RSG team will perform in-depth economic analysis, supply and demand, and prospects for the future that will impact the feasibility of investments along the Beach Boulevard and Edinger Avenue corridors. This analysis will be used to create the tools for economic revitalization to enhance and maximize the potential of these major thoroughfares. C. STAFF RECOMMENDATION Based on their expertise in this field, understanding of the City's request and competitive rates, staff recommends approval of the professional services agreements with Freedman, Tung and Bottomley and Rosenow Spevacek Group Inc. Environmental Status: Projects over which public agencies exercisE contracting for . consulting services, are Environmental Quality Act pursuant to Section Attachment(s): ministerial authority, such as this agreement categorically exempt from the California 15300.1. GADoris PoweIRED 06-34.doc -4- 8/14/2006 6:21 PM 1 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Freedman, Tung & Bottomley FOR Preparing Beach Boulevard Revitalization Str Table of Contents Scopeof Services................................................................................... CityStaff Assistance.........................................................................! f7..................2 Term; Time of Performance............................................................. ......2 Compensation...............................................................................1........_................2 ExtraWork......................•............................--...............................-•••.........................2 Methodof Payment............................................•................... ...............................3 Disposition of Plans, Estimates and Other Documents ......,�.................................3 HoldHarmless........................•............................................................................3 Professional Liability Insurance .................................... ,:....................................... 4 Certificate of Insurance ........................ 5 .............. ........................... IndependentContractor ........................................... ,,:.............................................. 6 Termination of Agreement ................ ....6 Assignment and Delegation..- .............................. z ...................................................... 6 Copyrights/Patents.................................................................................................7 City Employees and Officials ..... 7 Notices......................................... Consent g .........r.................................................. Modification ......................................... . Section Headings 8 Interpretation of this Agreement.............................................................................8 DuplicateOriginal ......................... ..........................................................................9 Immigration..............................................................................................................9 Legal Services Subcontracting rohibited................................................................9 Attorney's Fees ...................... ................................................................................... 10 Survival....................................................................................................................10 GoverningLaw........................................................................................................10 Entirety.....................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Freedman, Tung & Bottomley Preparing Beach BoulevOard Revitalization Stra THIS AGREEMENT ("Agreement") is made and entered into this 2 ind day of August 2006 , by and between the City of Huntington Belch, a municipal corporation of the State of California, hereinafter referred t /as "CITY, and Freedman, Tung & Bottomley a sole pro ietorship hereinafter referred to as "CONSULTANT." j WHEREAS, CITY desires to engage the s rvices of a consultant to prepare a revitalization stra':egy for Beach Boulevard ;and Pursuant to documentation on file in the offs e of the City Clerk, the provisions of the Huntington Beach Municipal /comied ter 3.03, relating to procurement of professional service contracts have bewith; and CONSULTANT has been selerm these services, NOW, THEREFORE, it is agr and CONSULTANT as follows: 1. CONSULTANT/shall provide all services as described in Exhibit "A," which is attached hereto a d incorporated into this Agreement by this reference. These services shall sometime ereinafter be referred to as the "PROJECT." CON LTANT hereby designates Ellen Greenberg who shall represent it and its sole contact and agent in all consultations with CITY during the performance o his Agreement. NO AUTIO . N 1 5/01-A 1 TAKEN 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services are to commence as soon as practicable after the execution of this. August "Commencement Date"). This Agreement shall expire on sooner terminated as provided herein. All tasks specified„pain completed no later than 3 6 months Agreement. These times may be extended with the for performance of the tasks identified in Exhib Exhibit "A." This schedule may be amended t r to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the TANT ement by CITY (the 2009 . unless Exhibit "A" shall be from tht Commencement Date of this permission of CITY. The time "A" are generally to be shown in ,fit the PROJECT if mutually agreed of the services described herein, CITY agrees to pay CONSULTANT one' a time and materials basis at the rates specified in Exhibit "B," which is attached�ereto and incorporated by reference into this Agreement, a fee, including /11 costs and expenses, not to exceed Five hundred nicety —nine thousand seven hundred/seventy five Dollars(, 99,775.00 5. In tke event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will f undertake such work only after receiving written authorization from CITY. Additional N v A C#T 10 N agree/forms/profserv10/15/01-A 2 compensation for such extra work shall be allowed only if the prior written approv of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. D CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or; ° programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur oist. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hejkby agrees to protect, defend, indemnify and hold harmless CITY, its officers, 'elected or appointed officials, employees, agents and volunteers from and agar any and all claims, damages, losses, expenses, judgments, demands and defense cp(sts (including, without limitation, costs and fees of litigation of every nature or liabi,Ay of any kind or nature) to the extent arising out of or in connection with CONSULTYANT's (or CONSULTANT's subcontractors, if any) negligent r performance of this Agreement or its negligent failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. This indemnity shall apply to all claims and liability regardless of N A agreeJforms/profsery 10/ 1 5/01-A 3 TAKEN whether any insurance policies are applicable. The policy limits do not act limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an mount not less than One Million Dollars ($1,000,000.00) per occurrence and in/the aggregate. The above - mentioned insurance shall not contain a self -insured re ention, "deductible" or any other similar form of limitation on the required coverage ekcept with the express written consent of CITY. A claims -made policy shall be acceptae if the policy further provides that: A. The pol/opek ate coincides with or precedes the initiation of the s(including subsequent policies purchased as renewalnts). B. CONSUnotify CITY of circumstances or incidents that migfuture claims. CONSULT,ty4T will make every effort to maintain similar insurance during i� the required extended piod of coverage following PROJECT completion. If insurance is terminated for any on, CONSULTANT agrees to purchase an extended reporting provision of at last two (2) years to report claims arising from work performed in connection witthis Agreement. aaree/forms/profsery 10/ 15/01-A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSUL ANT shall furnish to CITY a certificate of insurance subject to approval of the Ci Attorney evidencing the foregoing insurance coverage as required by this Agreement; e certificate shall: A. provide the name and policy number of each c ier and policy; B. shall state that the policy is currently in for e; and C. shall promise that such policy shall of be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior w# ten notice; however, ten (10) days' prior written noticZthe ent of cancellation for nonpayment of premium. CONSULTANT shall maforegoing insurance coverage in force until the work under this Agreement is lly completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT' defense, hold harmless and indemnification obligations as set forth in this Agreement. ITY or its representative shall at all times have the right to demand the original or a 96py of the policy of insurance. CONSULTANT shall pay, in a prompt and timely ma0er, the premiums on the insurance hereinabove required. 11. CONSULTANT is, and shall be, acting at all times in the performance of T r this Agreement las an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and UA&M C WNW ift &-A I AF 2 N agredfonns/profservl0/15101-A 5 all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT ,and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in A' good and workmanlike manner. CITY may terminate CONSULTANT'S services hereunder at any time with or without cause, and whether or not the PROJECT is fully{,eomplete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In thy" event of termination, all finished and unfinished documents, exhibits, report, anMevidence shall, at the option of CITY, become F its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement, s a personal service contract and the work hereunder shall not be assigned, delegated'br subcontracted by CONSULTANT to any other person or entity without the prior;xpress written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy r�r the insurance reartirements as set forth in Sections 9 and 10 hereinabove. 14. CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. N ff M AtC"MUN H& TAKEN agree/forms/profservl0/15/01-A 6 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular 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. F f, 16. NOTICES Any notices, certificates, or other communications hgreunder shall be given either by personal delivery to CONSULTANT's agent (ash designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or benclosing the same in a sealed envelope, postage prepaid, and depositing the same in ti'e. United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificatis or other communications will be sent by notifying the other party via personal certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN�Mary Beth Broer 2000 Main Street Huntington Beach, CA 92648, 17. , a reputable overnight carrier or U. S. TO CONSULTANT: Freedman, Tung & Bottomley ATTN: Ellen Greenberg 74 New Montgomery Street, ste 300 San Francisco, CA 94105 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. n N 0 "T 10 N agree/forms/profsery 10/15/01-A 7 1 18. MODIFICATION No waiver or modification of any language in this Agreement shall valid unless in writing and duly executed by both parties. f 19. SECTION HEADINGS The titles, captions, section, paragraph and subject heading, and descriptive phrases at the beginning of the various sections in this Agreement aref merely descriptive and are included solely for convenience of reference only and de not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the onstruction or interpretation of any provision of this Agreement. FM The language of all parts of thi�°Agreement shall in all cases be construed as a whole, according to its fair meaning, a1fd not strictly for or against any of the parties. If any provision of this Agreement * held by an arbitrator or court of competent jurisdiction to be unenforceable, voi , illegal or invalid, such holding shall not invalidate or affect the remaining covena and provisions of this Agreement. No covenant or provision shall be de/inde endent upon any other unless so expressly provided here. As used in this Agremasculine or neuter gender and singular or plural number shall be deemed tohe other whenever the context so indicates or requires. Nothing contained h be construed so as to require the commission of any act contrary to law, anc wherever there is any conflict between any provision contained herein and any present of future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement a In NVAO% ALAO";k a8Te elforms/ rofservl0/15/01-A g 1 0 T A K' E 1 N&N which is hereby affected shall be curtailed and limited only to the extent necessary to bri it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies here have been prepared and signed in counterparts as duplicate originals, each of which+1sb executed shall, irrespective of the date of its execution and delivery, be deeme/an original. Each duplicate original shall be deemed an original instrument as ainst any party who has signed it. 22. IlyIl UGRATION CONSULTANT shall be for full compliance with the immigration and naturalization laws o/theUn* d States and shall, in particular, comply with the provisions of the United Statesrding employment verification. 23. LEGAL SERVICES SUACTING PROHIBITED CONSULTANT;aI ITY agree that CITY is not liable for payment of any subcontractor work involving services, and that such legal services are expressly outside the scope of servic s contemplated hereunder. CONSULTANT understands that pursuant to Huntington each City Charter Section 309, the City Attorney is the exclusive legal counsel for C Y; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ,ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agree/forms/profserv10/15I01-A 9 T A RK E N each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree,4hat they are entering into this ;r Agreement freely and voluntarily following exten/lve arm's length negotiation, and that each has had the opportunity to consult wih legal counsel prior to executing this Agreement. The parties also acknowledgg,aand agree that no representations, inducements, promises, agreements or warranties, aal or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that r that party has not executed th (Agreement in reliance on any representation, inducement, promise, agreement, war�nty, fact or circumstance not expressly set forth in this Agreement. This Agfeement, and the attached exhibits, contain the entire agreement between the partiesespecting the subject matter of this Agreement, and supercede all prior understandings �fid agreements whether oral or in writing between the parties respecting { the subject matter hereof. N U" A to ;" T 100" TAKEN I agree/forms/profservl0/15/01-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be e ecuted by and through their authorized offices the day, month and year first above written. CONSULTANT CITY OF HUNTINGTON BE,XCH, a municipal corporation of th� State of California BY: Lem_ C\ ITS: {circle one) C airm /Pres' re ' ent/ ' the Mayor AND By: JAPP" print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. : Secretary -Treasurer %'o olp RE D AND APPROVED: alaw iNITD APPROVED: City dministrato Dir—e'cVr of Aanning ord/05zoning/Chap 241 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of !SQ n fira 11 to cc On 4vgkjg�r C4 Ud, before me, 1 u-tbl�lSt��:J✓t�_olur Air Date - Name and Title of Officer (e.g., "Jane Doe, personally appeared -eL4 M 9 lit. Name(s) of Signer(s) ❑ personally known to K proved to me one evidence � i � 0 13-6850 Notmy Put*c - Calm MY - basis of satisfactory to be the peron(s) whose names) isJars subscribed t the within instrument and acknowledg to me that he/sheAthey executed the sa in his/ha4tueir authorized capacity es), and that by his/hoatheir. signat e(s) on the instrument the person(s), or the itity upon behalf of which the persons) ac d. executed the instrument. iVITNESS my hand and offic' eal. Signal ry P Though the information below is not required bylaw, it ay prove valuable to persons relying on the document and could prevent fraudulent removal and r attachment of this form to another document. Description of Attached Docu Title or Type of Document: Document Date:2 Signer(s) Other Than Named A' C Capacity(ies) Claimed )5y Signer Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner — ❑ Limi ❑ Attorney -in -Fact ❑ Trustee 4 ❑ Guardian or Con: ❑ Other: Signer Is ❑ General Number of Pages: 1 p 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827 jllillj� 16 Exhibit "A" Page 4 ....-........ ___.._ TECHNICAL WORK STATEMENT PHASE 1. CLARIFYING COMMUNITY ASPIRATIONS AND DEFINING BENEFICIAL CHANGE 1. Project Start-up A. Core Team: Project Kick -Off Meeting and Field Work (incl travel) B. Project start-up administration: contact list, city protocols, request C. Sub -consultants: scope refinement, scheduling and start-up admir 2. Existing conditions inventory and basemap preparation A. Create project basemaps using electronic files provided by B. Field Reconnaissance and Photography 1) Fieldwork, including photography (kickoff meeting trip) 2) Set up project database (slides, field notes & sketches) from City; project setup 3) Follow-up field work on focused topics: gf6und-floor uses, auto -related businesses, loading and utility spaces, public spaces, character�and identity 4) Incorporate additional photography and field work into database C. Pattern of Existing and Planned Dew 1) Approved development: receive d 2) Review current development prof D. Corridor configuration (buildings & g.f. uses) ngs; add footprints to base map 1) Receive dimensioned streetJight-of-way base info from city; prepare diagrams of typical corridor segments E. Pattern of Land Ownership and Control - receive data from city; incorporate into database F. Service Issues: loading, delivery, garbage: compile data, diagram findings G-. G. Character & Identity 1) Historic Context - Review documents re: history of the city, corridor 2) Historic and sign ficant buildings - study inventory from City 3) Prepare Initial Design Context Collage(s) H. Mobility, Access & Connectivity 1) Consult Transportation Subconsultant re: project scope/objectives, status & schedule 2) Review Circulation Element Update materials; coordination re General Plan data and output 3) Review info from City: transit, bike routes, volumes, etc. 4) Patterns of streets and blocks- prepare diagrams based on aerial I. Utility Infrastructure: consult with City Engineer, review data re underground/overhead limiting factors J. Environmental/Ecological Factors: Review reports on brownfield sites if applicable, ronmental factors 3. Analysis of Existing Conditions A. Prepare Diagrams Analyzing Existing Conditions 1) City Context and Structure of Adjoining Neighborhoods 2) Public Open Space 3) Auto -Related Businesses and Auto -Serving Surfaces 4) Composite Analysis - Strategy Opportunities B. Market Opportunities & Constraints 1) Consult Economist regarding initial findings 2) Consult Economist regarding Strategy C. Vulnerability to change 1) Meet with Economist on site: assess 2) Map apparent opportunity sites; forw 3) Consult City Staff, Economic and Trai 5) Make modifications to map in respo nt vulnerability (incl. travel) Page 5 es, potential data on other envi- x ,w =.1 'Y City, Economic and Traffic consultants Consultants regarding map of vulnerable sites to comments D. Development Pattern analysis (building disposition/type; parking; parcel) 1) Telephone call with economist°regarding retail -driven development in corridor, city and region 2) Diagram corridor development types; highlight retail driven development 3) Diagram relationship of corridor retail to city and regional retail E. Consult with Transportation Subconsultant 1) Prepare memo with key questions about Beach Blvd. 2) Review response; 3) Discuss OCTA, Caltrans policies, plans and capabilities F. Summary. Patterns of Development and Change; Opportunity for Strategic City Action (diagram) Page 6 4. Core Team Session: Existing Conditions Inventory & Analysis (includes travel) 5. Community Workshop #t - Community Aspirations and Opportunities for Beneficial Change A. Prep workshop presentation/materials, coordinate logistics with City Staff B. Attend, set-up, facilitate community workshop #1 (including travel) C. Workshop follow-up (record comments, update database, phone call w/staTAKEN ff)= ACOTION f PHASE 11: ENVISIONING THE FUTURE CORRIDOR: PLI CONCEPT AND STRATEGY DEVELOPMENT t. Corridor Frontage: "Broad -Brush" Alternatives and A. Develop and illustrate alternative land use and urb ¢design options (includes consultation with Economic and Traffic Consultants) B. Assemble relevant photos of equivalent poten al development types C. Prepare "thorny issue" questions and acco panying diagrams y 2. Community Workshop #2: "Broad -Brute" Alternatives & Tradeoffs A. Prepare workshop presentation and rfiaterials, coordinate logistics w City B. Conference call with City Staff toeview Community Workshop Materials C. Finalize workshop materials D. Attend, set-up, facilitate community workshop #2 (incl travel); record comments and update database follow- ing workshop 3. Core Team Charette (with City Staff & Consultants): Broad -Brush Alternatives A. Logistics; Prepare Charette basemaps & other materials; photo -repro as needed B. Charette participation (includes travel) 4. Prepare Strategy and Plan Material Using Charette Outcomes A. Format and touch up Charette products; scan and prepare image files B. Follow up:with Economics and Traffic Consultants C. Develop Design and Strategy Concepts and Regulated Graphics e7 1) Corridor -wide scale: differentiation of segments (annotated plan) 2) Corridor -wide scale: edge/width of change areas (plan boundaries) 3) Corridor scale: envisioned cross -sections across study area 4) Site -scale: catalyst opportunity site concepts (plan views; up to three sites) 5) Street scale: design opportunities (cross -sections) D. Assemble photographs corresponding to charette solutions 5. Community Workshop #3: Future Corridor A. Prepare workshop presentation and materials, coordinate logistics w City B. Core Team Review Session in Huntington Beach (same day as workshop) , C. Attend, set-up, facilitate community workshop #2 (including travel) D. Workshop follow-up (record comments, update database, call with Cr(y staff) 6. Core Team: Specifications for New Development - Policy Essentials A. Charette logistics and scheduling including base maps, photos and charette packets B. Charette participation (includes travel)'' r C. Charette follow-up: photography, scanning and formatting 7. Policy Framework: Refine and Follow up on Charette Products A. Revitalization Strategy Diagram (on corridor basemap; annotated) B. Corridor Segments/Districts Policy Diagram kon parcel map; annotated) C. Building Height Options Diagrams D. Annotated diagrams describing land use`policy recommendations E. Annotated diagrams depicting recomrnended design standards 8. Development Prototypes A. Prepare revised corridor land use & urban design concept diagram B. Development prototype (plant elevation) larger property C. Development prototype (plan & elevation): smaller or shallower property D. Prepare sketch of some portion of envisioned future corridor frontage Page 8 9. Community Workshop #4: Specifications for New Development A. Prepare presentation & materials, coordinate logistics with City Staff B. City Staff Review Session in Huntington Beach (same day as workshop) C. Attend, set-up, facilitate community workshop #4 (incl travel) D. Workshop follow-up (record comments, update database) 10. Prepare material for presentation at City Council Study Session A. Study Session Preparation with City Staff 1) Prepare outline of materials for Study Sessions; conf. call to present 2) Revise outline per staff recommendations 3) Conference call to review Study Sessioni Material: B. Modify/refine diagrams and illustrations per workshol 1) Revitalization Strategy Diagram 2) Envisioned Long Term (illustrative plan view) 3) Envisioned Mid -Term (illustrative plan view) 4) Envisioned Catalyst Projects (illustrative plan view 5) Development prototypes and building character sketch modifications 6) Recommended Capital Improvement Projects: street design 7) Public Space: existing vs. envisioned future,, 8) Zoning: Existing vs. Recommended 9) Rendering of key portion of envisioned,.future corridor frontage 11. Joint City Council & Planning A. Prepare presentations B. Attend Study Sessions: Preser C. Allowance for follow-up resew Study Sessions (2) q & a, discussion, record direction and modifications per City Council 12. Complete Plan Concept level - Modify/Refine Final Phase 111 Deliv. P�ge 9 PHASE III: IMPLEMENTING COMMUNITY INTENT: THE SPECIFIC PLAN 1. Develop Coding System A. Develop proposed primary organizing system for regulatory policies B. Prepare charts and diagrams for primary regulatory controls C. Working Session with Planning Staff (incl. travel) 2. Coordination with EIR effort A. Prepare "Likely Plan Build -out" development scenarios for EIR analysis B. Coord. Mtg. w City Staff, EIR Consultant re: Alternatives for EIR (same day ascodingsystem working session) C. Discussions as needed with EIR Consultant 3. Prepare Administrative Review Draft Downtown Specific Plan A. Consultation as needed with City Staff, Economics and Transpc contents; resolution of outstanding issues A. Book 1: Community Intent 1) Authority 2) Orienting Sections 3) Purpose, Plan Goals & Objectives 4) Corridor Revitalization Strategy 5) The Envisioned Future Corridor B. Book II: Development Regulations 1) Orientation / Applicability 2) Site Development Standards 3) Street and Open Space Standards & Guidelines 4) Parking Standards & Guidelines (in collaboration) 5) Architectural Standards &=Design Guidelines consultants regarding Specific Plan 6) Signage Standards & Guidelines C. Book III: City Actions (includes CIP's, Parking, Mobility, Utilities, implementation) 1) Portions drafted by,,1FTB 2) Review portions drafted by sub -consultants, City Staff D. Appendices Page 10 }a. .r E. Document Design and Formatting 1) Cover Design; prep electronic file 2) Document Design and formatting 3) Annotate and format full page graphic illustrations 4) Document production: electronic files and hard copy master and repro 4. Plan Orientation Session with Planning Staff (incl. travel) 5. City Review of Administrative Draft Specific Plan A. Specific Plan draft review mtg. w City Staff and Project team (incl. trave6 B. Receive single marked -up copy with City edits; tel. or video conf. follow-up 6. Prepare Public Review Draft Specific Plan document NO A. Modify text, illustrations as directed by City Staff B. Modify cover design as requested Moto - Le rw C. Incorporate pictures, captions (not in Book 11 - Regulatory Portion) 1Arxr:JV D. Adjust electronic formatting and paste-up E. City Staff telephone Q&A, Coordination, last-minutissues F. Final edits; prepare final camera-ready document,; coordinate photo -repro G. Forward camera-ready document, PDF Master,fiile and copies to City, Subs 7. Coordination with EIR consultant A. Receive/review draft EIR B. Attend EIR coordination session (incl. travel) C. Review modified draft EIR 8. Planning Commission Hearing A. Review and contribute to Plan Addendum received from City Staff B. Prepare presentation materials; logistics coordination C. Attend Hearing - Presentation, respond to questions (incl. travel) 9. City Council Hearing A. Review Plan Addendum received from City Staff; Q&A if needed B. Prepare presentation materials; logistics coordination C. Attend Hearing - Presentation, respond to questions (incl. travel) 10. Prepare Final Version of The Beach Boulevard Corridor Specific Plan A. Coordinate with City Staff regarding remaining issues needing closure B. Modify plan; prep Master File and PDF; transmit PDF and copies to City. Optional Project Approach: Phases t and 2 only with added LIST OF DELIVERABLES PER PHASE lExisting Conditions and Analysis Diagrams lCommunity Workshop #1 presentation materials Page 11 Avn� Atle/2' Strategy Document Phase ll: Envisioning the Future Corridor - Plan Conr t and Strategy Development Catalyst Project Diagrams (public and private) Regulatory Framework Diagrams Development Prototype Diagrams Community Workshop #2 presentation and exhibit Eaterials Community Workshop #3 presentation and exhibi materials Community Workshop #4 presentation and exhi `it materials Joint City Council and Planning Commission resentation s and exhibit materials Illustrative Color Rendering of Envisioned F40re Corridor Frontage r *Optional: Summary of Work completed 46ring Phases 1 and 11 (Note: Deliverables may be modified,// refined upon the completion of Phases 1 and 11, upon approval by FTB and the Administrative Screenchec `Review Draft 10 bound hard copies Public Review Draft 20 bound hard co ies lus one unbound reproducible original hard copy Digital copy Final Version: The Beach Boulevard Corridor Specific Plan 20 bound hard copies, plus one unbound reproducible original hard copy and digital copv This page intentionally left blank. Page MEETING ATTENDANCE As detailed in our Technical Work Statement, our approach includes FTB participation in several types of as follows. ■ 7 Core Team Sessions with City Staff • 4 Community Workshops • 2 City Council and Planning Commission Study Sessions • 2 Public Hearings by the Planning Commission ■ 2 Public Hearings by the City Council Public Hearing Charges for meetings will reflect the number of hours spent in preparation, travel, attendance, and follow-up docu- mentation, as detailed in Appendix A, which shows staff allocation for each meeting in the Work Statement. We will be available to participate in additional meetings should the City wish;to add a contingency budget to the proj- ect contract, or authorize additional budget for meeting attendance on an as -needed basis. Cost of the additional meetings will be a factor of whether or not original presentation material is required, whether meetings require an overnight stay in Huntington Beach, and, most importantly, which Team members attend. Exhibit "B" EXHIBIT B TERMS This is a time and materials project with a guaranteed maximum fee for completion' of the Work Tasks outlined in Exhibit A. Invoicing shall be monthly, based on time and materials costs accrued during the preceding month. The summary of task -by -task costs on the'Staffing & Budget spreadsheets on the following pages is provided to indicate the relative proportion of budgeted resources that each task is likely to require. It is provided for informational purposes only and is not intended as a basis for task -by -task contract provisions ora`nvoicing. FEE SCHEDULE The following fee schedule is effective as of June 15, 2003. All new projects for both new and return clients will be budgeted using the following rates: Principal 1 Principal 11 Senior Associate Associate Graphic Artist Project Urban Designer Project Landscape Designer AutoCAD Operator I AutoCAD Operator 11 GIS Operator GIS Operator it Draftsman Database Operator Project Assistant I ., Project Assistant Il'' Technical Secretary Office Assistant SPEAKING FEES (FLAT,'TEE BASIS) Principal MISCELLANEOUS. PROJECT EXPENSES $ 200 per hour $ 150 per hour $120 per hour $ 100 per hour $ 90 per hour $ 80 per hour $ 75 per hour $ 85 per hour $ 70 per hour $ 85 per hour $ 70 per hour $ 65 per hour $ 65 per hour $ 60 per hour $ 50 per hour $ 50 per hour $ 30 per hour $ 3,500 + travel expenses In addition to hourly rates, the following shall be charged at our standard office rates for expenses incurred when performing professional services on the clients behalf, such as for the following items: document duplication, photography, messenger and courier services, long distance telephone and fax calls, special equipment charges, travel expenses for out -of -office services, reimbursements for sub -consultant fees, governmental plan inspection fees, FTB slide library usage, FTB office database usage, plus other out-of-pocket expenses encountered in the performance of services for the Project. City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomley: Budget Summary ( v.2 revised May 24, 2006) (includes Edinger Avenue) Totol'Fees $480,U87 $7,50U] $18,180 Budget Summary v.2 May 24, 2006 includes Edinger Avenue City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomle : Staffing and Budget Spreadsheet (v.2 revised May 24, 2006 includes Edinger Avenue) Tasks: FTS Only Principal I Principal II Sr Associate Associate Urban Designer Draftsman Proj Assist II Total hours fees hours fees hours fees hours fees hours fees hours I fees hours fees Fees - - PHASE i. CLARIFYING COMMUNITY ASPIRATIONS AND DEFINING OPPORTUNITIES FOR BENEFICIAL CHANGE -----_ ----__.------ ---- _--_---- ---- ---- --- -----......-_..__._ .._..----------- 1. Project Start-up A. Core Team: Project Kick -Off Meeting and Field Work (incl travel) 12 $2,400 0 $0 0 $0 12 $1,200 0 $0 0 $0 11 $540 $4,140 B. Project start-up administration: contact list, city protocols, request materials from City; project setup 2 $400 0 $0 0 $0 6 $600 0 $0 0 $0 3 $150 $1,150 C. Sub -cons Rants: scope refinement, scheduling and start-up administration 2 $400 0 $0 0 $0 4 $400 0 $0 0 $0 2 $120 $920 2. Existing condition -' . ntory and basern p preparation A. Create project basemaps u9ftqLqctronic files provided by City; identify project area boundaries for Beach Blvd. and Edin - ve. 1 $200 0 $0 0 $0 4 $400 0 $0 18 $1,170 5 $266 $2,036 B. Field Reconnaissance and Photography $0 1) Fieldwork, including photography 0 $0 0 $0 0 $0 12 $1,200 20 $1,600 0 $0 8 $420 $3,220 2) Set up project database (slides, field notes & sketches) 1 $200 0 $0 0 $0 2 $200 0 $0 6 $390 2 $119 $909 3) Follow-up field work on focused topics: ground -floor uses, auto -re d businesses, loading and utility spaces, public spaces, character and iden9ty 0 $0 12 $1,800 12 $1,440 0 $0 0 $0 0 - $0 10 $486 $3,726 4) Incorporate additional photography and field work into database 0 $0 0 $0 0 $0 2 $200 0 $0 6 $390 2 $89 $679 C. Patters of Existing and Planned Development (buildings & g.f. uses) 1) Approved development: receive drawings; add footprints to base map $0 0 $0 0 $0 2 $200 0 $0 6 $390 2 $89 2) Review current development proposals 1 00 0 $0 0 $0 3 $300 0 $0 0 $0 2 $75 D. Corridor configuration 1) Receive dimensioned street right-of-way base Info from city; prepare diagrams of typical corridor segments 0 $0 $0 0 $0 4 $400 0 $0 8 $520 3 $138 $1,058 E. Patters of Land Ownership and Control - receive data from city; incorporate into database 1 $200 0 0 $0 3 $300 0 $0 6 $390 3 $134 $1,024 F. Service Issues: loading, delivery, garbage: compile data, diagram findings 0 $0 0 $0 0 $0 3 $300 0 $0 8 $520 2 $123 $943 G. Character & Identity 1) Historic Context - Review documents re: history of the city, corridor 0 $0 0 $0 2 "I• 40 3 $300 0 $0 0 $0 2 $81 $621 2) Historic and significant buildings - study inventory from City 0 $0 0 $0 2 $T4i, 0 $0 0 $0 0 $0 1 $36 $276 3) Prepare Initial Design Context Collage(s) 0 $0 0 $0 3 $360 2 $200 0 $0 8 $620 3 $162 $1,242 H. Mobility, Access & Connectivity 1) Consult Transportation Subconsultant re: project scope/objectives, status & schedule 2 $400 0 $0 0 $0 2 $10Q, 0 $0 0 $0 2 $90 $690 2) Review Circulation Element Update materials; coordination re General Plan data and output 4 $800 0 $0 0 $0 2 $200 '"-n.,0 $0 0 $0 3 $150 $1,150 3) Review info from City: transit, bike routes, volumes, etc. 0 $0 0 $0 0 $0 2 $200 0 " 1-,,. $0 0 $0 1 $30 $230 4) Patterns of streets and blocks- prepare diagrams based on aerial 0 $0 3 $450 0 $0 4 $400 6 '"° 80 0 $0 4 $200 $1,530 I. Utility Infrastructure : consult with City Engineer, review data re underground/overhead utilities, potential limiting factors 0 $0 0 $0 0 $0 2 $200 0 $0 `% 0 $0 1 $30 $230 J. Environmental/Ecological Factors: Review reports on brownfield sites if applicable, review data on other environmental factors 2 $400 0 $0 0 $0 4 $400 0 $0 0 �"•«._ $0 2 $120 $920 3. Analysis of Existing Conditions A. Rev/rev existing / previous planning studies incl Edinger, city-wide, other 2 $400 0 $0 0 $0 8 $800 4 $320 0 $0 .v. 5 $228 $1,748 B. Prepare Diagrams Analyzing Existing Conditions - 1) City Context and Structure of Adjoining Neighborhoods 4 $800 3 $450 0 $0 3 $300 8 $640 0 $0 7 "$329 $2,519 2) Public Open Space 2 $400 2 $300 0 $0 2 $200 4 $320 0 $0 4 $183" $1.403 3) Auto -Related Businesses and Auto -Serving Surfaces 2 $400 2 $300 0 $0 2 $200 4 $320 0 $0 4 $183 $1.40 4) Composite Analysis - Strategy Opportunities 4 $800 4 $600 0 $0 4 $400 8 $640 0 $0 7 $366 `-.. $2,8 C. Market Opportunities & Constraints 1) Consult Economist regarding initial findings 2 $400 0 $0 0 $0 2 $200 0 $0 0 $0 2 $90 2) Consult Economist regarding Strategy Opportunities 2 $400 0 $0 0 $0 1 $100 0 $0 0 $0 2 $75 Budget v.2 March 24, 2006 includes Edinger Ave City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomle : Staffing and Budget Spreadsheet v.2 revised Ma 24, 2006 includes Edinger Avenue) Tasks: FTB Only Principal I Principal II Sr Associate Associate Urban Designer I Draftsman Proj Assist II Total hours fees hours fees hours fees hours fees hours fees hours fees hours fees Fees D. Vulnerability to change i) Meet with Economist on site: assess apparent vulnerability (incl. travel) 12 $2,400 0 $0 0 $0 0 $0 0 $0 0 $0 7 $360 $2,780 2) Map apparent opportunity sites; forward to City, Economic and Traffic consultants 2 $400 0 $0 0 $0 2 $200 0 $0 10 $650 4 $188 $1,438 3) Consult City Staff, Economic and Traffic Consultants regarding map of vulnerable sites 2 $400 0 $0 1 0 $0 2 $200 1 0 $0 0 $0 2 $90 $690 5) Make modifications to map in response to comments 1 $200 0 $0 0 $0 1 $100 0 $0 2 $130 1 $65 $495 E. Development Pattern analysis (building disposition/type; parking; parcel) 1) Telephone call with economist regarding retail -driven development in corridor, city ahtl-region, 2) Diagram corriddTdevelopment types; highlight retail driven development 3 $600 3 $450 0 $0 10 $1,000 0 $0 18 $1,170 10 $483 $3,703 3) Diagram relationship of cerr)c(or retail to city and regional retail 2 $400 3 $450 0 $0 4 $400 0 $0 6 $390 5 $246 $1,886 F. Consult with Transportation Suboor"fgtyltant 1) Prepare memo with key questions about'Beach Blvd. and Edinger Ave. 3 $600 0 $0 0 $0 0 $0 0 $0 0 $0 2 $90 $890 2) Review response; teleconference 2 $400 0 $0 0 $0 0 $0 0 $0 0 $0 1 $60 $460 3) Discuss OCTA, Caltrans policies, plans and capabilities,..._ 2 $400 0 $0 0 $0 0 $0 0 $0 0 $0 1 $60 $460 G. Summary: Patterns of Development and Change; Opportun tytnr strategic City Action (diagram) 3 $600 4 $600 0 $0 6 $600 16 $1.280 0 $0 9 $462 $3,542 4. Core Team Session: Existing Conditions Inventory & Analysis (includes{ trav)) 12 $2,400 0 $0 0 $0 12 $1,200 0 $0 0 $0 11 $640 $4.140 A. Stakeholder Meetings (includes travel) - budget indep. Trip z, 10 $2,000 0 $0 0 $0 0 $0 0 $0 0 $0 6 $300 $2,300 5. Community Workshop #1 - Community Aspirations and Opportunities fot Beneficial Change _ _ _ _ A. Prep workshop presentation/materials, coordinate logistics with City Staff 8 $1,808., 0 $0 0 $0 8 $800 8 $640 0 $0 9 $456 $3,496 B. Attend, set-up, facilitate community workshop #1 (incl travel) 24 $4,800"'*:, 0 $0 0 $0 0 $0 0 $0 0 $0 14 $720 $5,520 C. Workshop follow-up (record comments, update database, phone call w/staff) 2 $400 0--y=...$0 0 $0 5 $500 0 $0 0 $0 3 $135 $1,035 5. Phase I Project Management 4 $800 01 0 $0 16 $1,600 0 $0 0 $0 7 $360 $2,760 Subtotal 138 36 166 78 102 197 $73,209 PHASE II: ENVISIONING THE FUTURE CORRIDOR: PLAN CONCEPT AND STRATEGY DEVELOPMENT 1. Corridor Frontage: "Broad -Brush" Alternatives and Tradeoffs A. Develop and illustrate alternative land use and urban design options (includes consultation with Economic and Traffic Consultants) 16 $3,200 8 $1,200 0 $0 20 µ 00 20 $1,600 24 $1.560 29 $1,434 $10,994 B. Assemble relevant photos of equivalent potential development types 0 $0 0 $0 0 $0 2 $20 -. 6 $0 0 $0 1 $30 $230 C. Prepare "thorny issue" questions and accompanying diagrams 2 $400 0 $0 0 $0 4 $400 ';, 6 $480 0 $0 4 $192 $1,472 2. Community Workshop #2: "Broad43rush" Alternatives & Tradeoffs A. Prepare workshop presentation and materials, coordinate logistics w City 6 $1,200 0 $0 0 $0 8 $800 0 a $0 8 $520 8 $378 $2,898 B. Conference call with City Staff to review Community Workshop Materials 3 $600 0 $0 0 $0 3 $300 0 $ 2 $130 3 $155 $1.185 C. Finalize workshop materials 2 $400 0 $0 0 $0 6 $600 0 $0 $520 5 $228 $1,748 D. Attend, set-up, facilitate community workshop #2 (incl travel); record comments and update database following workshop 12 $2,400 0 $0 0 $0 15 $1,500 2 $160 0 '* 0 12 $609 $4,669 3. Core Team Charette (with City Staff & Consultants): Broad -Brush Alternatives A. Logistics; Prepare charette basemaps & other materials; photo -repro as needed 1 $200 0 $0 0 $0 6 $600 0 $0 16 $1,040 6 '-"$ZZ6 $2.116 B. Charette participation (includes travel) 24 $4,800 12 $1,800 0 $0 12 $1,200 0 $0 0 $0 23 $1,170 1- $8.970 4. Prepare Strategy and Plan Material Using Charette Outcomes A. Format and touch up charette products; scan and prepare image files 0 $0 0 $0 0 $0 3 $300 0 $0 16 $1,040 4 $201 ,541 B. Follow up with Economics and Traffic Consultants 3 $600 0 $0 0 $0 5 $500 0 $0 0 $0 3 $165 $1,2 C. Develop Design and Strategy Concepts and Reglated Graphics 1) corridor -wide scale: differentiation of segments (annotated plan) 4 $800 4 $600 0 $0 6 $600 12 $960 0 $0 9 $444 $3,404 2) corridor -wide scale: edge/width of change areas (plan boundaries) 4 $800 4 $600 0 $0 6 $600 12 $960 0 $0 9 $444 $3,404 3) corridor scale: envisioned cross -sections across study area 4 $800 4 $600 0 $0 8 $800 16 $1,280 0 $0 10 $522 $4,002 4) site -scale: catalyst opportunity site concepts (plan views; up to five sites) 4 $800 4 $600 0 $0 24 $2,400 28 $2,240 0 $0 18 $906 I $6,946 5) street scale: design opportunities (cross -sections) 3 $600 4 $600 0 $0 16 $1,600 16 $1,280 0 $0 12 $612 $4,692 March 24, 2006 Budget v.2 includes Edinger Ave City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomle : Staffing and Budget Spreadsheet ( v.2 revised May 24, 2006) includes Edin er Avenue) Tasks: FTB Only Principal I Principal 11 Sr Associate Associate Urban Designer Draftsman Proj Assist 11 Total hours fees hours fees hours fees hours fees hours fees hours fees hours fees Fees D. Assemble photographs corresponding to charette solutions 3 $600 0 $0 0 $0 4 $400 0 $0 0 $0 3 $150 $1,150 5. Community Workshop #3: Future Corridor A. Prepare workshop presentation and materials, coordinate logistics w City 8 $1,600 0 $0 0 $0 8 $800 0 $0 6 $520 9 $438 $3,358 B. Core Team Review Session in Huntington Beach (same day as workshop) 3 $600 0 $0 0 $0 3 $300 0 $0 0 $0 3 $135 $1,035 C. Attend, set-up, facilitate community workshop #2 (Incl travel) 12 $2,400 0 $0 0 $0 12 $1,200 0 $0 0 $0 11 $540 $4,140 D. Workshop follow = tip -(record comments, update database, call with City staff) 2 $400 0 $0 0 $0 2 $200 0 $0 0 $0 2 $90 $690 S. Core Team Charrette: Specifications for Now Development - Policy Essentials A. Charette logistics and scheduling including base maps, photos and charette packets 2 $400 0 $0 0 $0 10 $1,000 0 $0 16 $1,040 7 $366 $2,806 B. Charette participation (includes travel) 24 $4,800 12 $1,800 0 $0 12 $1,200 0 $0 0 $0 23 $1,170 $8,970 C. Charette follow-up: photography, scanning and formatting- 1 $200 1 0 $0 0 $0 3 $300 0 $0 8 $520 3 $153 $1,173 7. Policy Framework: Refine and Follow up on Charette Products.. A. Revitalization Strategy Diagram (on corridor basemap; annotated) `'-,. 6 $1,200 4 $600 0 $0 6 $600 0 $0 8 $520 9 $438 $3,358 B. Corridor Segments/Districts Policy Diagram (on parcel map; annotated) ""- 3 $600 4 $600 0 $0 6 $600 0 $0 8 $520 7 $348 $2,668 C. Building Height Options Diagrams 2 $400 2 $300 0 $0 10 $1,000 2 $160 20 $1,300 9 $474 $3,634 D. Annotated diagrams describing land use policy recommendations 4 $800 4 $600 0 $0 6 $600 2 $160 16 $1,040 10 $480 $3,680 E. Annotated diagrams depicting recommended design standards ''2. $400 4 $600 0 $0 10 $1,000 0 $0 12 $780 8 $417 $3,197 8. Development Prototypes A. Prepare revised corridor land use & urban design concept diagram (Beach Blvd. & Edinger) 3 $600''• 4 $600 0 $0 2 $200 12 $960 0 $0 7 $354 $2,714 B. Development prototype (plan & elevation) larger property (Beach Blvd, & Edinger) 2 $400 8 "'--::$1,200 _ -•:--- 18 $2,160 -.-_-2 $200 18 _ $1,440 0 $0 16 $810 $6,210 __- y__.-.......--- ----- p type (plan &elevation): smaller or shallower property (Beach C. Development prototype Blvd. & Edinger) ----- 2 $400 8 _ $1,200` -----_ ., 18 .--__- $2,160 2 $200 18 $1,440 0 $0 16 _ $810 $6,210 D. Prepare sketch of some portion of envisioned future corridor frontage (Beach Blvd. & Edinger) 2 $400 4 $600 241- $2,880 2 $200 18 $1,440 01 $0 1 17 $828 $6.348 9. Community Workshop #4: Specifications for New Development A. Prepare presentation & materials, coordinate logistics with City Staff 8 $1,600 0 $0 0 $0 8 $800 0 $0 8 $520 9 $438 $3,358 B. City Staff Review Session in Huntington Beach (same day as workshop) 4 $800 0 $0 0 $0 4 $400 0 $0 0 $0 4 $180 $1,380 C. Attend, set-up, facilitate community workshop #4 (incl travel) 24 $4,800 0 $0 0 $0 0 `' $0 0 $0 0 $0 14 $720 $5,520 D. Workshop follow-up (record comments, update database) 0 $0 0 $0 0 $0 3 $300 0 $0 0 $0 1 $45 $345 10. Prepare material for presentation at City Council Study Session A. Study Session Preparation with City Staff 1) Prepare outline of materials for Study Sessions; conf. call to present 3 $600 0 $0 0 $0 3 $300 0 "- $0 0 $0 3 $135 $1,035 2) Revise outline per staff recommendations 2 $400 0 $0 0 $0 2 $200 0 $0 0 $0 2 $90 $690 3) Conference call to review Study Sessioni Materials 2 $400 0 $0 0 $0 3 $300 0 $0, 0 $0 2 $105 $805 B. Modify/refine diagrams and Illustrations per workshop and City Staff Input 2 $400 1 $150 0 $0 16 $1,600 0 $0 16 $1,040 10 $479 $3,669 1) Revitalization Strategy Diagram 2 $400 2 $300 0 $0 2 $200 2 $160 0 $0 3 $159 $1,219 2) Envisioned Long -Term (illustrative plan view) 2 $400 6 $900 0 $0 16 $1,600 0 $0 40 $2,600 17 $825 $6,325 3) Envisioned Mid - Tenn (illustrative plan view) 2 $400 4 $600 0 $0 4 $400 0 $0 12 $760- 7 $327 $2.507 4) Envisioned Catalyst Projects (illustrative plan view) 2 $400 4 $600 0 $0 4 $400 0 $0 12 $780 7 $327 $2,507 5) Development prototypes and building character sketch modifications 2 $400 4 $600 20 $2,400 2 $200 16 $1,280 0 $0 15-... $732 $5,612 6) Recommended Capital Improvement Projects: street design 3 $600 4 $600 0 $0 6 $600 0 $0 16 $1,040 9 $426 $3,266 7) Public Space: existing vs. envisioned future 2 $400 4 $600 0 $0 6 $600 0 $0 8 $520 6 $318' - $2,438 8) Zoning: Existing vs. Recommended 2 $400 4 $600 0 $0 6 $600 0 $0 8 $620 6 $318 $2,438 9) Rendering of key portions (up to 2) of envisioned future corridor frontage 4 $800 6 $900 361 $4,320 4 $400 29 $2.320 4 $260 27 $1,350 1 $10,350 11. Joint City Council & Planning Commission Study Sessions (2) A. Prepare presentations 10 $2,000 0 $0 0 $0 4 $400 12 $960 0 $0 10 $504 $3,864 B. Attend Study Sessions: Presentation, q&a, discussion, record direction 12 $2,400 12 $1,800 0 $0 0 $0 0 $0 0 $0 13 $630 $4,830 C. Allowance for follow-up research and modifications per City Council 4 $800 8 $1,200 0 $0 16 $1,600 16 $1,280 1 8 $520 16 $810 $6,210 12. Complete Plan Concept Level • Modify/refine Final Phase III Deliv. 2 $400 4 $600 0 $0 8 $800 8 $640 8 $520 9 $444 $3,404 13, Phase 11 Project Management 10 $2,000 0 $0 0 $0 12 $1,200 0 $0 16 $1,040 13 $636 $4,87( Subtotal 273 157 116 373 271 326 519 $197,524 March 24, 2006 Budget v.2 includes Edinger Ave City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomley: Staffing and Budget Spreadsheet v.2 revised May 24, 2006) (includes Edin jer Avenue) Tasks: FTS Only Principal I Principal II Sr Associate Associate Urban Designer Draftsman Proj Assist II Total hours fees hours fees hours fees hours fees hours fees hours fees hours I fees Fees ----------- - IFICPLAN PHASE III: IMPLEMENTING--COMMUN------ITY INTENT:TH- ESPEC - .------ ------ ---.-._.. --- ------._ _....---'-- 1. Develop Coding system A. Develop proposed primary organizing system for regulatory policies 4 $800 4 $600 0 $0 8 ON 0 $0 0 $0 7 S330 $2,530 B. Prepare charts and diagrams for primary regulatory controls 1 $200 12 $1,800 0 $0 16 $1.600 40 $3,200 0 $0 20 $1,020 $7.820 C. Working Session with Planning Staff (incl. travel) 12 $2,400 12 $1,800 0 $0 0 $0 0 $0 0 $0 13 $630 $4.830 2. Coordination with EIR effort A. Prepare "Likely Plan Buildout" development scenarios for EIR analysis 2 $400 2 $300 0 $0 8 $800 24 $1,920 0 $0 10 $513 $3,933 . B. Coord. Mtg. w City Staff, EIR Consultant re: Alternatives for EIR (same day as cotllltg stem working session) 4 $800 0 $0 0 $0 0 $0 0 $0 0 $0 2 $120 $920 C. Discussio ' needed with EIR Consultant 2 $400 0 $0 0 $0 4 $400 0 $0 0 $0 2 $120 $920 3. Prepare Administra 7Ve.l�eview Draft Downtown specific Plan A. Conusulation as needed w �ity Staff, Economics and Transportation consultants regarding Specific Plan contents; resol[ttio0 of outstanding issues 8 $1,600 4 $600 4 $480 10 $1.000 0 $0 0 $0 11 $552 $4,232 A. Book I: Community Intent 1) Authority 1 $200 0 $0 0 $0 2 $200 0 $0 0 $0 1 $60 $460 2) Orienting Sections 1 $200 0 $0 0 $0 4 $400 0 $0 0 $0 2 $90 $690 3) Purpose, Plan Goals & Objectives 4 $800 0 $0 0 $0 6 $600 0 $0 0 $0 4 $210 $1,610 4) Corridor Revitalization Strategy < 6 $1.200 0 $0 0 $0 20 $2,000 0 $0 0 $0 10 $480 $3,680 5) The Envisioned Future Corridor 6 $1,200 0 $0 0 $0 12 $1,200 0 $0 0 $0 7 $360 $2,760 B. Book ll: Development Regulations 1) Orientation I Applicability 1 $200 0 $0 0 $0 3 $300 0 $0 0 $0 2 $75 $575 2) Site Development Standards 6 1,200 40 $6,000 0 $0 80 $8,000 0 $0 32 $2,080 52 $2.592 $19,872 3) Street and Open Space Standards & Guidelines 4 $ 16 $2,400 0 $0 40 $4,000 0 $0 20 $1,300 26 $1,275 $9,775 4) Parking Standards & Guidelines (in collaboration) 4 $800 -,, 8 $1,200 0 $0 18 $1,600 0 $0 16 $1,040 14 $696 1 $5,336 5) Architectural Standards & Design Guidelines 18 $3,600 $1,200 0 $0 32 $3,200 0 $0 40 $2,600 32 $1,590 1 $12,190 8) Signage Standards 8 Guidelines ---- _ _..line- ------ ------ .-..---------- C. Book III: City Actions (includes CIP's, Parking, Mobility, Utilities, Implementation) 4 $800 4 600 0 $0 16 $1,600 0 _ $0 16 $1,040 -- 12 $606 $4,648 1) Portions drafted by FTB 2 $400 4 $600 $0 24 $2,400 0 $0 40 $2,600 18 $900 $6,900 2) Review portions drafted by sub -consultants, City Staff 2 $400 6 $900 0 $0 16 $1,600 0 $0 0 $0 9 $435 $3,335 D. Appendices 0 $0 2 $300 0 8 $800 0 $0 20. $1,300 7 $360 $2,760 E. Document Design and Formatting 1) Cover Design; prep electronic file 0 $0 0 $0 0 $0 I'll, $100 12 $960 0 $0 3 $159 $1,219 2) Document Design and formatting 0 $0 0 $0 0 $0 6 -'`'„$600 28 $2,240 0 $0 9 $426 $3,266 3) Annotate and format full page graphic illustrations 4) Document production; electronic files and hard copy master and repro 1 0 $200 $0 0 0 $0 $0 0 0 $0 $0 6 4 $600, $400 12 _. 12 $960 $960 28 16 $1,820 $1,040 11 7 $567 $4,347 $360 $2,780 4. Plan Orientation Session with Planning Staff (incl. travel) 12 $2,400 12 $1.800 0 $0 0 $0 ''0: - $0 0 $0 13 $830 $4,830 S. City Staff Review of Administrative Draft Specific Plan"�. A. Speck Plan draft review mtg. w City Staff and Project team (incl. travel) 12 $2.400 12 $1,600 0 $0 0 $0 0 "'"so 0 $0 13 $630 1 $4,830 B. Receive single marked -up copy with City edits; tel. or video conf. follow-up 2 $400 2 $300 0 $0 2 $200 0 $0 0 $0 3 $135 $1,035 6. Prepare Public Review Draft Specific Plan document A. Modify text, illustrations as directed by City Staff 4 $800 12 $1,800 1 12 $1,440 24 $2,400 0 $0 56 M§40 30 $1,512 $11,592 B. Modify cover design as requested 0 $0 0 $0 0 $0 0 $0 8 $640 0 to, 2 $96 $736 C. Incorporate pictures; captions (not in Book II - Regulatory Portion) 0 $0 3 $450 0 $0 6 $600 16 $1,280 0 $0 °-,- 7 $360 $2,680 D. Adjust electronic formatting and paste-up 0 $0 0 $0 0 $0 B $600 24 $1,920 0 $0 8 .,. $378 $2,898 E. City Staff telephone O&A, Coordination, last-minute issues 2 $400 2 $300 0 $0 2 $200 0 $0 0 $0 3 $1,24 $1,035 F. Final edits; prepare final camera-ready document coordinate photo -repro 0 $0 0 $0 0 $0 3 $300 8 $640 0 $0 3 $141 $1,081 G. Forward camera-ready document, PDF Mstr file and copies to City, Subs 0 $0 0 $0 0 $0 2 $200 2 $160 0 $0 1 $54 $414 p 7. Coordination with EIR consultant A. Receive/review draft EIR 2 $400 0 $0 0 $0 8 $800 0 $0 0 $0 4 $180 $1,38 B. Attend EIR coordination session (ind. travel) 0 $0 1 0 $0 0 $0 12 $1,200 0 $0 0 $0 4 $180 $1,380 C. Reeview modified draft EIR 2 $400 0 $0 0 $0 6 $600 0 $0 0 $0 1 3 $150 $1,150 Budget v.2 March 24, 2006 includes Edinger Ave City of Huntington Beach: Beach Boulevard Revitalization Strategy and Specific Plan Freedman Tung & Bottomle : Staffing and Budget Spreadsheet v.2 revised May 24, 2006 includes Edin jer Avenue Tasks: FTB Only Principal I Principal II Sr Associate Associate Urban Designer Draftsman Proj Assist 11 Total hours fees hours fees hours fees hours fees hours fees hours fees hours fees Fees 8. Planning Commission Hearing (2) - A. Review and contribute to Plan Addendum received from City Staff 4 $800 2 $300 0 $0 6 $600 0 $0 0 $0 5 $255 $1,955 B. Prepare presentation materials; logistics coordination 6 $1,200 2 $300 0 $0 6 $600 4 $320 0 $0 7 $363 $2,783 C. AttendHearing- Presentation, respond to questions (incl. travel) 24 $4,800 0 $0 0 $0 0 $0 0 $0 0 $0 14 $720 $5,520 9. City Council Hearing (2) A. Review Plan Addendum received from City Staff; Q&A if needed 1 $200 1 $150 0 $0 2 $200 0 $0 0 $0 2 $83 $633 B. Prepare presentation materials; logistics coordination 6 $1,200 2 $300 0 $0 6 $600 4 $320 0 $0 7 $363 $2,783 C. Attend Hearing - Presentation, respond to questions (incl. travel) 24 $4,800 0 $0 0 $0 0 $0 0 $0 0 $0 14 $720 $5,520 10. Prepare Final Version of The Beach Boulevard Corridor Specific Plan A. Coordinate with City Staff regarding remaining issues needing closure, 4 $800 4 $600 0 $0 8 $800 0 $0 0 $0 7 $330 $2,530 B. Modify plan; prep Master File and PDF; transmit PDF and copies to City." 4 $800 4 $600 0 $0 24 $2,400 1 32 $2,560 0 $0 19 $954 $7,314 11. Phase III Project Management-"'3-; 8 $1,600 4 $600 0 $0 12 $1,200 0 $0 1 0 $0 1 10 $510 $3,910 Subtotal=.210 184 16 479 226 284 470 $179,364 Totals 621 377 151 1018 575 712 1186 Subtotal • Professional Services - FTB only B Only: $460,087 Reimbursable Project Expenses (FTB only): $40.508 Reimbursable: Printing Final Specific Plan Documents (50 copies) $8.500 Travel Expenses (FTB only) $18,180 Maximum allowance fort Planning / Traffic Engineering Subconsukant: $75,000 Sub -consultant - Renderer: $7,500 TOT P OJ C UD ET $599,775 Budget v.2 March 24, 2006 includes Edinger Ave FREETUN Client#: 50360 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 08/0710 rn PRODUCER HRH Professional Practice Insurance Brokers, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10 California Street Redwood City, CA 94063-1513 INSURERS AFFORDING COVERAGE NAIC # INSURED Freedman Tung & Bottomley INSURER A: Fidelity and Guaranty Insurance Uodw 25879 INSURERB: St. Paul Protective insurance Co' 1643 74 New Montgomery Street, Suite 300 San Francisco, CA 94105-3424 INSURER Ace American Insurance Company 22667 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD' INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M POLICY EXPIRATION DATE M D LIMITS A GENERAL LIABILITY BKO1858987 08/07/06 08/07/07 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED moel $300 000 CLAIMS MADE a OCCUR MED EXP (Any one person) $10000 PERSONAL A ADV INJURY $1000 000 GENERAL AGGREGATE $2 00O 000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG $2 000 000 X POLICY PRO- JECT LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS BK01858987 08/07/06 08/07/07 10"NBODILY COMBINED SINGLE LIMIT (Ea accidenq $1 �00 000 ' ' BODILY INJURY (Per person) $ X INJURY (Pera xident) $ HIRED AUTOSNU NON -OWNED AUTOS f. "PE X PROPERTY DAMAGE (Per accident) $ IN GARAGE LIABILITY i v AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESWUMBRELLA LIABILITY OCCUR ❑ CLAIMS MADE ' VEIF TH,City A ftomey EACH OCCURRENCE $ AGGREGATE $ $ $ DEDUCTIBLE KA $ RETENTION $ B WORKERS COMPENSATION AND BW02148276 09/01/05 09/01/06 X I vvC STATU• OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER)EXECUTIV£ OFFICERANEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below p. « E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional EONNO186 07 01/27/06 01/27/07 Per Claim $1,000,000 ,� a `SIGNS Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EX ADDED BY ENDORSEMENT I SPECIAL PROVISIONS All operations of the named insured. Se6 additional insured endorsement attached. Professional Liability are written in aggregate limits of (See Attached Descriptions) City of Huntington Attn: Christopher 1 2000 Main Street Huntington Beach CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL R,9tlDR1"RXR MAIL 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.xRi� ]( AUTHORIZED MVVRu " Icvv uvul T OT 3 $M3bliftl WLA W AGVKU GVKYVKA I IVN IVU4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001108) 2 of 3 #M363861 DESCRIPTIONS (Continued from Page 1) 1 liability not less than the amount shown. General Liability Only: The City of Hunington Beach are named as additional insured but only as respects to liability arising out of the named insureds operations. ennc �a z nnn�ino� v v� v R111JVJpV TAKEN / of 2 LIABILITY COVERAGE ENHANCEMENT ARCHITECTS AND ENGINEERS ENDORSEMENT Name Insured: Freedman Tung & Bottomley Policy No: BK0185r7 Additional Insured: The City of Hunington Beach. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART 1. The following replaces the final paragraph of SECTION 11. WHO IS AN INSURED, 1.: However, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Liability Coverage Part Declarations. This provision does not apply to you, for your participation in any past or present "unnamed joint venture," or if that person or organization is otherwise an insured under Paragraph 2. below. 2. The following is added to SECTION II. WHO IS AN INSURED, 2.: Person Or Organization Required By Written C 40 Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contractor agreement that is made before, and in effect when, the "bodil injury" or "property damage" occurs or the offense that cau s the "personal injury" or "advertising injury" is first comm' ted, but only with respect to that person's or organization's liability arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: / (1) "Bodily injury," "property damage," " prsonal injury" or "advertising injury" that does not ariseout of: (a) Your negligence; or t (b) The negligence of another poson or organization for whom you are liable; ;; a. Direct employees; or b. Owns, rents, or leases any real or personal property. No other member or partner, for their spouses, of any past or present "unnamed joint ventrlre" is an insured. f' St. Paul Form CUBF 26 0909 03 (2) "Bodi�l�"injury;' "property damage," "personal injury" or "a¢1 ertising injury" for which such person or orgpfiization has assumed liability in a contract or ament, except for liability for damages that such Ylerson or organization would have in the absence of the contact or agreement; "Property damage" to: (a) Property owned, used or occupied by, or loaned f or rented to, such person or organization; (b) Property over which such person or i/c organization is for any purpose exercising 9s' I control; or (c) r work" performed for the insured; or lfk ( "Bodily injury," "property damage," "personal injury" or "advertising injury" arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service," when such person or organization is an architect, engineer or surveyor_ 3. The following is added to SECTION H. WHO IS AN INSURED: "Unnamed Joint Venture" You are an insured for your participation in any past or present "unnamed joint venture." However, you are not an insured if the "unnamed joint venture" has: 4. The following replaces SECTION 111. LIMITS OF LIABILITY, 2.b.: b. Will apply separately to the sum of all: (1) Damages because of "bodily injury" and "property damage," under SECTION 1. COVERAGE, A. Liability above; and (2) Medical payments for "bodily injury," under SECTION 1. COVERAGE, B. Medical Payments Page 2 of arising out of each location listed in the Schedule of Premises or each of"your projects;" and 5. The following replaces SECTION IV. CONDITIONS, S. "Other Insurance," a. Primary Insurance, (2): (a) Paragraph It. Certain Additional Insureds By Contract or Agreement; or (b) Persons Or Organizations Required by Written Contract,, if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non-contributory with, such "other insurance. This insurance will then be applied as primary insurance for damages for "bodily injury," "property damage," "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such "other insurance." 6. The following is added to SECTION IV. CONDITIONS, 5. Insurance," b. Excess Insurance: This insurance is excess over an"other insurance" whether primary, excess, contingent or on any other basis that is available to you for your participation in nny past or present "unnamed joint venture." `# (2) However, this insurance will be considered primary To, and non-contributory with, 'other~ insurance" Issued directly to a person or organ ration added as an addition insured under SECTI IL WHO IS AN INSURED, 2.: *r< 7. The following is added to SECTION IV. CONDITIONS, 8. Transfer Of Rights Of Recoveyi And Proceeds Against Others To Us. 1 NOTICE OF CANCELLATION: If least 30 days before the effective < non-payment of premium, we will on file with the company. above; However, we waive any right of recovery and pr „ Beds we may have against any person or organizati that is added as an additional insured under the p aph Person Or Organization Required By tten Contract of SECTION 11. WHO IS AN lti•ISURED, 2 a. Because of payments we make for "bodily injury," "property damage." "personal injury' or "advertising injury" arising out of"your work" in ongoing operations or included in the "products -completed operations hazard"; and b. Performed under a`written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is committed; and C. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. 8. The following are added to SECTION V. DEFINITIONS. "Unnamed joint venture" means any joint venture in ygiLare a member or partner where: C, A'-% &.�,: rlulv Kkkchandeveryoneofyourco-ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. "Your premises" means any premises, site, or location owned or occupied by, or rented to, you. "Your project:" a. Means any premises, site or location at, on, or in which "your work" is not yet completed; and b. Does not include "your premises" or any Location listed in the Schedule of Premises. cancel this policy for any reason other than non-payment of premium, we will mail written notice at of cancellation to the Additional Insureds on file with the company. If we cancel this policy for it written notice at least 10 days before the effective date of cancellation to the Additional insureds St. Paul Form CUBE 26 09 09 03 1. Date: CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification July 19, 2006 2. Department: Planning 3. Requested by: Chris Davis 4. Name of consultant: Freedman, Tung and Bottomley, Inc. 5. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicited consultants in your answer to 11 of this form. 6. Amount of the contract: $599,775 7. Are sufficient funds available to fund this contract?' ❑ Yes 0 No 8. Company number and object code where funds are budgeted: 10060201.69365, 9. Is this contract generally described on the Fist of professional service contracts approved by the City Council'? Z Yes No 10. Is this contract within $25,000 or 25% (whi0hever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ❑ Yes, ® No 11. Were (at least) informal written pr( ® Yes, ❑ No Explan 12. Attach list of consultants from telephone number). 13. Attach proposed scope of 14. At_Wch proposed payment Head Sign Is requested of three consultants? proposals were requested (including a contact ule. ZRIARD,MADRIL, Man ger Purchasing/Central Services 1.If the answer to any these questions is "No," the contract will require approval from the City Council. Consultant List: Beach Boulevard RFP Date Sent: February 27, 2006 Deadline: March 24, 2006 Freedman, Tung and Bottomley Ms. Ellen Greenberg 74 New Montgomery Street, Suite 300 San Francisco, California 94105 The Planning Associates I David Kennon 3151 Airway Avenue, Suite R-1 Costa Mesa, CA 92626 Torti-Gallas and Partners Mr. Neal Payton 523 West 6`h Street, Suite 212 Los Angeles, CA 90014 No A C'rION ATTACHMENT #2 � / / PROFESSIONAL THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP, INC. FOR PREPARATION OF AN ECONOMIC REVITALIZATION PLAN FOR THE BEACH BOULEVARD AND EDINGER CORRIDORS Table ofContents ] 2 ] 4 5 b 7 8 g lO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTING] AND ROSENOW SPEVACEK GROUP, INC. FOR PREPA OF AN ECONOMIC REVITALIZATION PLAN FORTH BEACH BOULEVARD AND EDINGER CORRIDORS ON BEACH TION THIS AGREEMENT ("Agreement") is made and entered into by and between the Redevelopment Agency of the City of Huntington Beach,,,a public body of the State of California, hereinafter referred to as "AGENCY, and RSENOW SPEVACEK GROUP, INC., a California corporation, hereinafter referred to,as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of a consultant to prepare an economic revitalization plan for the Beach Boulevard and Edinger Corridors; and Pursuant to documentation on file in the office of the Agency Clerk, the provisions of the Huntington Beach Municipal , Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been'selected to perform these services, NOW, THEREFOREt is agreed by AGENCY and CONSULTANT as follows: CONSULTANT shall provide all services as described in Exhibit "A," which is attached 'iereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates John Yonai and Tim Mulrenan who shall represent it and be its sole contact and agent in all consultations with AGENCY inj the performance of this Agreement. 06-360/3146 1 AGENCY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by AGENCY (the "Commencement Date"). This Agreement shall expire on='August 7, 2008, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two years from the Commencement Date of this Agreement. These times may be extended with the written permission of AGENCY. The time for performance of the tasks identified in Exhibit "A'' are generally to be shown in Exhibit "A." This schedule may be amended to benf t the PROJECT if mutually agreed to in writing by AGENCY and CONSULTANT 4. COMPENSATION In consideration of .the performance of the services described herein, AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Sixty Two Thousand Two Hundredi'and Sixty Dollars ($162,260.00). 5. event AGENCY 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 AGENCY. 06-360/3146 2 Additional compensation for such extra work shall be allowed o y if the prior written` approval of AGENCY is obtained. N 0 6. METHOD OF PAYMENT Mao as CONSULTANT shall be paid pursuant to the terms of Exhibit 1 B.' 7. CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to AGENCY, and CONSULTANT shall turn these materials over to AGENCY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur. first. These materials may be used by AGENCY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless AGENCY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by damage which CONSULTA 06-360/3146 TANT, its officers, agents or employees except such loss or caused by the sole negligence or willful misconduct of AGENCY. will conduct all defense at its sole cost and expense and AGENCY shall 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all cla' s and liability regardless of whether any insurance policies are applicable. The policy , imits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE` CONSULTANT shall obtain and furnish to AGEN Y a professional r liability insurance policy covering the work performed by it hereu,Ader. This policy shall provide coverage for CONSULTANT's professional liability i an amount not less than ,,, One Million Dollars ($1,000,000.00) per occurrence andin the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of AGENCY. A claims -made policy shall be acc16ptable if the policy further provides that: A. The policy retroactive 'ate coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify AGENCY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain theloregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for derogate from CONSULTANT's defense ing"`the foregoing insurance coverage shall not harmless and indemnification obligations as set forth in this Agreement. AGENCY or its representative shall at all times have the right to demand the original or a copy othe policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, thq'premiums on the insurance hereinabove required. 11. CONSUL this Agreement as an is, and shall be, acting at all times in the performance of contractor herein and not as an employee of AGENCY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment oft' all taxes, social security, state disability insurance compensation, — A u N 0" Co" T 1 00"' 06-360/3146 5 unemployment compensation and other payroll deductions for CONSULTANT and officers, agents and employees and all business licenses, if any, in connection with the ,t' PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good'and workmanlike manner. AGENCY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully comp'lete. Any termination of this Agreement by AGENCY shall be made in writing, note of which shall be delivered to CONSULTANT as provided herein. In the even4of termination, all finished and unfinished documents, exhibits, report, and evidere shall, at the option of AGENCY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of AGENCY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. /_' AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or N00"k ACT100"N 06-360/3146 6 T A E N employee of AGENCY shall have any financial interest in this Agreement in violation of j' the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in ` Section 1 hereinabove) or to AGENCY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. AGENCY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO AGENCY: TO CONSULTANT: Redevelopment Agency of the John Yonai City of Huntington Beach Rosenow Spevacek Group, Inc. ATTN: Deputy Executive Director 309, West 4`h Street 2000 Main Street Santa Ana, CA 92701-4502 Huntington Beach, CA 92648 17. CONSENT When AGENCY's consent/approval is required under this Agreement, its consent/approval for one transaction`'or event shall not be deemed to be a consent/approval to any subsequent occurrence of. -the same or any other transaction or event. 18. No waiver, or modification of any language in this Agreement shall be valid Xt unless in writing and duly executed by both parties. r`'`N do' %0 11U4 ACTIf"' 06-360/3146 7 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descri7i've phrases at the beginning of the various sections in this Agreement are merely descri and are included solely for convenience of reference only and are not representaeive of matters included or excluded from such provisions, and do not interpret, define", limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall idali cases be construed as a whole, according to its fair meaning, and not strictly for or"against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid such holding shall not invalidate or affect the remaining covenants and provisions; bf this Agreement. No covenant or provision shall be deemed dependent upon any�`other unless so expressly provided here. As used in this Agreement, the masculine orneuter gender and singular or plural number shall be deemed to include the other ""whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract; then the latter shall prevail, and the provision of this Agreement f which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the reqrements of the law. N U G 0` A-0-TMa" %J I I 06-360/3146 8 '" `" 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original.Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and AGENCY agree.- that AGENCY is not liable for "r payment of any subcontractor work involving legal services, and that such legal services are ,expressly outside the scope of services understands that pursuant to Huntington hereunder. CONSULTANT City Charter Section 309, the City Attorney is the exclusive legal counsel f9f AGENCY; and AGENCY shall not be liable for payment of any legal services 24. In the event incurred by CONSULTANT. is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be x entitled to recover it attorneys fees from the non -prevailing party. A (ft; T I mk's 06-360/3146 f 9 X 25. SURVIVAL Terms and conditions of this Agreement, which by their sense survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arn's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agie' e that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which` are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting4he subject matter of this Agreement, and supersede all prior TAKEN 06-360/3146 10 understandings and agreements whether oral or in writing between the parties the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this executed by and through their authorized officers on ROSENOW SPEVACEK GROUP, INC i By: '&Z, print name ITS: (circle one) Chairman/Presid CieE��lt G�0 D By: print name ITS: (circle e Secre Chief Financial Officer/Asst. Secretary - Treasurer AND APPROVED: Executive Director 06-360/3146 11 REDEVELOPMENT CITY OF HUNTING' public body of the Sta Agency Clerk Lemont to be 20 GENCY OF THE )N BEACH, a of California OVED AS TO FORM: C/1, 0gency Counsel �k 0(a ?� (d% INITIATED AND APPROVED: Deputy Executive Directo a n EXHIBIT "A" IVO � /A- C1 rt� A. STATEMENT OF WORK: (Narrative of work to be performed) Rosenow Spevacek Group Inc. ("RSG") will review the Edinger and Beach Corridors and: (1) recommend initiatives to improve marketing and outre ch with businesses and property owners, (2) suggest priorities for public infrastr 'ture and facilities capital improvements; (3) advise on the investment of General Fund and other revenues to the extent appropriate to facilitate the implementation of revitakzation goals; (4) within the context of market demand, recommend alteration` to land use designations and policies; and (5) recommend other activities and initioves to stimulate economic activity and development within these corridors that will be beneficial to the corridors and the City.` B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Task No. Scope of Service Time Frame 1. Coordinate with the Concord Group on Fesearch, investigation, and documentation to develop an economic stregy for revitalizing each study area within the broader citywide economics. 5 weeks 2. Coordinate with the Concord Groupto review economic data including taxable sales, property tax data,and other financial records from businesses within and proximate to, the study areas to be analyzed and summarized into a report. r'` 3 weeks 3. Be able to participate as (fart of an integrated team consisting of community stakeholders, city staff, and the urban design firm. For the short term, identify immediate opportunities. Ongoing 4. Coordinate with the Cgfncord Group to prepare a market study for each corridor. Include a dcussion about current building forms and industry trends in terms of 9ysical space. Include a fiscal analysis of multi -family (mixed use) housing to demonstrate how residential could work on these two major streets. include an analysis of commercial development and relationship to ousing. 5 weeks 5. Develop economic strategies including short-term and long-term strategies,,, including possible incentives for private investment within the study areas. 3 weeks 6. Provide for funding strategies to create or improve infrastructure within the study -areas. 3 weeks 7. Assist Freeman, Tung and Bottomley (FTB) in prioritizing site -specific opportunities for economic revitalization, and recommend specific types of users for each corridor and provide sample pro -forma analysis for those uses. Ongoing jmp/contracts group/exA/8/1/06 EXHIBIT "A" 8. Be able to participate as part of an integrated team consisting of community stakeholders, city staff, and the urban design firm. Ong ing 9. Provide a final report for each study area that is copy ready and p epared as an electronic document that can be posted on the City's website. The documents must be electronically indexed and searchable in a(` Microsoft Word format. / 4 weeks C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Coordinating and attending meetings and workshops witt'various stakeholders, 2. Providing information required for the assignment, 3. Providing contact information for parties to be inluded as part of the assignment,' 4. Providing feedback on recommendations ad findings, 5. Advising RSG on the political, financidl, land use, and other possible aspects of the City environment that ill impact the success of possible initiatives. A RSG anticipates completing this 9 months, from receiving the assignn availability of stakeholders, and respon assignment. A more detailed list of , 21 Consultant's Duties and Responsibility ssnment as early as 6 months, and as late as . )r, depending upon the number of meetings, 4eness of the outside parties contributing to the e estimated schedule by task is included in above. jmp/contracts group/exA/8/i/06 EXHIBIT "B" Payment Schedule (Hourly Payment) t A. Hourly Rate TA A; CONSULTANT'S fees for such services shall be based upon the following hourly, cost schedule:` Principal/Director..................................................................... $185 Senior Associate..................................................................... p 50 Associate................................................................................. $1 30 Senior Analyst....................................................................... $105 Analyst.................................................................................... $ 95 Research Assistant................................................................. $ 85 Word Processor/Graphic Artist ............................................... $ 65 Clerical................................................................................... $ 55 Reimbursables........................................................ Cost Plus 10% B. Travel 1. Charges for time during travel are normally no reimbursable and will only be paid if such time is actually used in performiui services for CITY or as otherwise arranged with CITY. 2. As CITY sometimes uses consultant that are outside of the nearest metropolitan area, CITY is very conscious of avel costs. Subject to agreement otherwise, CONSULTANT will be held t charging no fees on travel time to or from Huntington Beach. 3. Automobile expenses are fi , ited to the IRS standard business mileage rate. All other travel expenses mu be approved in advance by CITY in writing. Requests for approval shall be s mitted at least fourteen (14) days in advance, to allow for reduced transportatio'fares. Meals are not billable to CITY, without prior written consent of CITY. C. Billing 1. All billing sill be done monthly in one -tenth -hour (0.10) increments and matched to an appi-p riate breakdown of the time that was taken to perform that work and who perfohned it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 2. Each month's bill should include a total to date. That total should provide, at a dance, the total fees and costs incurred to date for the case or matter. agree/forms/exB-hourly fee/8/1/06 EXHIBIT B 1 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) 3. Telephone, cellular phone and postage charges are billable at actual cost. A cop of all service bills/costs should accompany the billing for each single item that ex a eds Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facmiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay --a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This °includes per page or hourly charges. 6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 7. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case.;; CITY has retained CONSULTANT because of its past experience. CONSULTA, T shall not charge CITY for work it has done and billed another client for in the, ast. 8. Delivery of work product: A ,,dopy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such"product, CITY shall identify specific requirements for satisfactory completion.> 9. CONSULTANT shad submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) "include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E)`� For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made exB-hourly fee/8/t/06 EXHIBIT B 2 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) within thirty (30) days of receipt of the invoice by CITY. Such approval,"shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY besuspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 10. Any billings for extra work or additional services auth( by CITY shall be invoiced separately to CITY. Such information required above, and in addition shall list rate charged for such time. Such invoices shall be, performed is in accordance with the extra work or add] CITY is satisfied that the statement of hours worked rized in advance and in writing invoice shall contain all of the ;he hours expended and hourly pproved by CITY if the work Donal services requested, and if and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shallbe treated as separate and apart from the ongoing performance of the remainder of this Agreement. x agree/forms/exB-hourly fee/8/1/06 EXHIBIT B Hourly Payment c c �k 4 1 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUES 4 1. Requested by: Doris Powell, Economic Development C,t Y'If Hunt n i 2. Date: July 20, 2006 City,�ttorney,s 0fr eCh 3. Name of contractor/permittee: Rosenow Spevacek Group Inc. 4. Description. of work to be performed: Provide economic analysis services to the city 5. Value and length of contract: $162,260; August 7, 2006 - August 7, 2008 6. Waiver/modification request: $10,000 retention/professional liability insurance 7. Reason for request and why it should be granted: unable to comply with the city's deductible/SIR insuraces requirement 8. Identify the risks to the City in approving this waiver/modification: None Head Signatu July 20, 2006 Date: APPROVALS Approvals must be obtained in the order listed on this form. Two:approvals are required for a request to be granted Approv . 6ih the City. Admin' tratoes 'Offi+ce is only required if Risk Manageme and IN City Attorney' disagree. 1. i Management v Approved ❑ Denied;` 17 Si nature Date 2. City Attorney's Office proved ❑ Denied ? Zy Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request Is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the IRisk Management Division of Administrative Services. I Insurance & Indemnification Waiver 7i20,200611:18 AM A RDCERTIFICATE OF LIABILITY INSURANCE °"� 7 9 I 2006 PRODUCER (714) 836-9945 FAx (714) 836-9946 The Empire C an omp y 550 Parkcenter Drive Suite 205 Santa Ana CA 92705-3521 THIS CERTIFICATE IS ISSUED AS A MATTER OF FORMATION ONLY AND CONFERS NO RIGHTS UPON TH CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AM D, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC0 INSURED Rosenow Spevacek Group, Inc. 309 W. Fourth Street Santa Ana CA 92701 INSURERA: Hartford Insurance INSURERS- National Fire & Liabilit INSURERC:National Union Fire `Ins. INSURER o: 1 INSURERE: COVPRAnf:A THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY'PERJOD 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 SEEN REDUCED BY PAID CLAIMS. It LTR N TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRA7oN DATE LIMITS GENERAL WSILJTY EACHOCCURRENCE 4 1,000,000 A X COMMERCIALGEHERALLIABIUTY CLAIMS MADE ®OCCUR 72SBAAR6040 3/l/2006 3/l/2007 DAMAGE PREMISES�EaENTED $ 306,000 MEDEXP one yson) 0 10,000 PERSONAL & ADV INJURY s 11000,000 GENERAL AGGREGATE i 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPlOP AGG 8 2,000,000 X POLICY JET LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Eaacadwt) s 1,000,000 BODILY INJURY (Perms) S A ALL OVWED AUTOS SCHEDULEDAUTOS 72SBAAH6040 3/l/2006 3/1/2007 BODILY INJURY (tom accident) S X HIRED AUTOS X NON-OVWED AUTOS APP A/^ 11"• D AS To PROPERTYDAMAGE (Per accidet»] AUTO ONLY - EA ACCIDENT s 4 GARAGE LIABILITY ANY AUTO W C�-Y THERTHAN EAACC a 4 AUTO ONLY: AGG EXCESWUMBRELLAuABILITY X OCCUR CLAIMS MADE OCCURRENCE t 1,000,000 AGGREGATE 4 11000,000 s s A DEDUCTIBLE 72SRAAH604O 3/l/2006 3/l/2007 s RETENTION E B WORKERS COMPENSATION AND EYPLOYEW LIABILITY ANY PROPRIETORIPARTNERtEXECUTNE yyy�� gg X TORY U%AI O A £.LEACH ACCIDENT 9 11000,000 E.LDISEASE -EAEMPLOYEE $ 1,000,000 OFFICERSMEMBEREXCLUDED? It yes. desube under SPECIAL PROVISIONS below 0100018884-061 3/1/2006 3/1/2007 EL DISEASE -POLICYLIMIT E 11000,000 OTHER Errors i Omissiong, 004906160 3/l/2006 3/l/2007 Rach Wrongful Act 2,000,000 C Aggregate 2,000,000 Retention 10,000 DESCRIPTION OF OPERATIONBILOCATiok& .HICLESIExcLUSIoss ADDED BY ENooRSEMENTISPECIAL PROMSIONS 10 Day notice of cancellation applies for nonpayment of premium. Certificate holder is named as additional insured. Redevelopment Agency of the City of Huntington Beach Attn: Doris Powell 200 Main St Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEII BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL XIXIXO"YOCMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT. XXX AUTHORIZED REPRESENTATM _arrY Jones/EMILY ACORD 26120011021 RM23 (wos).oc AMS VMP MW42ge Sohai". Vr- (800)W-0545 0 ACORO CORPORATIOLII 14RR Papa 101`2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the:certificate holder in lieu of such endorse<nent(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not;consfdtAe a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does.lt affirmatively or negatively amend, extend or after the coverage afforded by the policies fisted thereon. ACORD 25 (2001108) CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: July 20, 2006 2. Department: 3. Requested by: Economic Development Doris Powell 4. Name of consultant: Rosenow Spevacek Group Inc. 5. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicited consultants in your answer to 11 of this form. 6. Amount of the contract: $162,260 7. Are sufficient funds available to fund this contract?' ❑ Yes ® No 8. Company number and object code where funds crib budgeted: 305.80101, 9. Is this contract generally described on approved by the City Council'? ❑ Yes 10. Is this contract within $25,000 or 25% list of professional service contracts aj ❑ Yes, ® No list of professional service contracts ® No ichever is less) of the amount stated on the ted by the City Council?' 11. Were (at least) informal written roposals requested of three consultants? ® Yes, ❑ No Exanation: d 12. Attach list of consult is fom whom proposals were requested (including a contact telephone number). 13. Attach proposed scop f of work. 14. Attach proposed payment schedule. Departm Heal Signature 4RH "DAR-ADRIL,er Purchasing/Central Services 1.If the answer to any these questions is "No," the contract will require approval from the City Council. Economic Development Department Economic Analysis RFP — May 2006 Beach Blvd / Edinger Corridor Economic Development Revitalization Strategy RFP DISTRIBUTION Frank Spevacek Rosenow Spevacek Group, Inc. 217 North Main Street, Ste. 300 Santa Ana, CA 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 saevacek@aol.com Lynn Sedway The Sedway Group 505 Montgomery Street Ste 600 San Francisco, CA 94111 (415) 781-8900 Mr. Jim Rabe Keyser Marston Associates, Inc. 500 S. Grand Avenue, #1480 Los Angeles, CA 90071 Phone: (213) 622-98095 Mr. David Wilcox Economics Research Associates 10990 Wilshire Blvd, Ste. 1500 Los Angeles, CA 90024 (310) 477-9585 Request for Proposals Economic Revitalization Strategic Beach Boulevard Corri And/VO tf/ IOIV Edinger �Iorridor ;14 kJ City of Huntington Beach Economic Development Department 2000 Main Street, 5`h Floor Huntington Beach, CA 92648 Stanley Smalewitz, Director (714)536-5582 Proposals Due Friday, June 2, 2006, 4: 00 pm Edinger Corridor In 2000, the City Council approved this corridor as an important economic area for the City. Specific Plan was drafted for the area, but due to recent discussions desiring increased intensification along the corridor, it is necessary to re -issue an RFP for that effort. As background, the economic study done in 2001 will be made available to the selected firm. The Draft Edinger Corridor Specific Plan is available on the City's website at: http://wwNy.surfcity- hb.org/citydepartments/ED/current projects/planning.cfm The Edinger Corridor encompasses approximately 242.8zL acres in the northeastern section of the City of Huntington Beach, adjacent to the City of Westminster and southwest of the San Diego Freeway (I-405). Surrounding land uses include single and multiple family residential developments, and retail development along Edinger and Beach Boulevard. A part of the corridor is within the Huntington Beach Redevelopment Project Area, Huntington Center sub- area. The newly developed Bella Terra entertainment/retail centers an economic cornerstone located at Beach Boulevard and Edinger is within The Crossing Specific Plan and within the redevelopment area. Although the Edinger Corridor excludes `eBella Terra, the City desires that the economic and design influences of Bella Terra impact ;the surrounding area. The Edinger Corridor study area might be reconfigured before the startpf the consultant's study. Objectives: The initial objectives of the Economic Development Revitalization Strategic Plan is to ensure that the City is doing everything it can to encourage private sector investment and success for these two corridors. The objectives for the study include: 1. Initiatives to improve marketin'and outreach with businesses and property owners; a rr 2. Prioritization of capital im0rovements (public infrastructu facilities); � 3. Investment of Genera>~fund and other revenues to the extent appropriate to facili.p ie the implementation of revitalization grl iij 4. In context of marlreet demand, recommend alterations to land use designations an(Ypolicies; 5. Other activitiOs and initiatives as identified by the consultant team. Y Scope of Services ;,¢ At a minimum, the'selected firm shall prepare a proposal that provides the services below for each study area, providing separate cost estimates for each: 1) Beach Boulevard and 2) Edinger Corridor. Any/additional services outside those itemized should include a rationale for their pertinence to the objectives for this project. 1. .Perform necessary research, investigation and documentation to develop an economic strategy for revitalizing each study area within the broader citywide economics. City of Huntington Beach Beach / Edinger Economic Development Department Request for Proposals June 5, 2006 Page 2 b. Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Services" section. c. Detailed project schedule, identifying all tasks and deliverables to be perform durations for each task, and overall time of completion. d. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to facilitate your compliance review. The tasks described will be used to provide a basis'for an evaluation of the interface between the two staffs and the impact on the City's resources. 4. Staffing: Provide a list of individual(s) who will be working on this'project and indicate the functions that each will perform. Include a resume for, each designated individual. Qualifications: Experience summary, including an explanation as to how the consultant team is qualified and at least three examples of io'ects (including client references) with' ilar wor"as been performed. Experience and references for anv subconsult_ants sh_al 'also be includ . Upon award - ------ -- and during the contract period, if the contractor chokes to assign different personnel to the project, the Contractor must submit their n4ines and qualifications including information listed above to the City for approv before they begin work. 6. Fee: Provide a not -to -exceed fee proposal far'`each study area, inclusive of hourly consulting services and any reimbursable costs. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to coga�rehend the complexity and risk of this contract, may be rejected. Late proposals will be retuned unopened. All proposals shall be submitted no later, khan 4:00 pm on Friday, June 2, 2006 to: S*ley Smalewitz, Director "CTIO" Economic Development Department NO City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 TAKEN From the date that this RFP is issued until a firm is selected and the selection is announced, communications regarding this RFP are not allowed with any City employee other than the contracting officer fisted above. The City reserves the right to reject any proposal for violation of this provisionx''rNo questions other than written will be accepted, and no response other than written will be binding upon the City., All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach - Official City Web site - Business - Bids & RFP's; proposers should check this web page daily for new information. City of Huntington Beach Economic Development Department June 5, 2006 Beach / Edinger Request for Proposals Page 4 After written proposals have been reviewed, discussions with prospective firms may or ay not be required. If scheduled, the oral interview will be question/answer format for the rpose of clarifying the intent of any portions of the proposal. The individual from your firm; at will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. A Notification of Intent to Award may be sent to the vendor selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be./confidential and not subject to disclosure to competing vendors unless an agreement is/reached. If contract negotiations cannot be concluded successfully, the City may negotiatpa contract with the next highest scoring vendor or withdraw the RFP.` Disclaimer This RFP does not commit the City to award a contract, oro pay any costs incurred in the preparation of the proposal. The City reserves the right to eiend the due date for the proposal, to accept or reject any or all proposals received as a result`of the 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 negotiation and to submit such technical, fee, or other revisions of their proposals as my result fromegotiations. Contact Person "p Questions regarding this RFP, please contac''Carol Runzel, Assistant Project Manager at 714-536-5225 or at crunzelCa)surfcity-hb.org. 11" Attachments • Community Profile • Sample Contract City of Huntington Beach Beach / Edinger Economic Development Department Request for Proposals June 5, 2006 Page 6 ATTACHMENT #3 s/ a> ��CITY OF • INTERDEPARTMENTAL FINANCE DEPARTMENT ry TO: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR FROM: DAN T.VILLELLA, CPA, FINANCE DIRECTOR SUBJECT: FIS 2005-06-29 Approval Of Professional Services Agreements With Freedman, Tung and Bottomley, Inc. and Rosenow Spevacek Group Inc. for Preperation of Economic Revitalization Strategic Plan Beach Boulevard Corridor and Edinger Corridor and Appropriation of $762,035 DATE: JULY 19, 2006 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approval Of Professional Services Agreements With Freedman, Tung and Bottomley, Inca and Rosenow Spevacek Group Inc. for Preparation of Economic Revitalization Strategic Plan Beach Boulevard Corridor and Edinger Corridor and Appropriation of $762,035" If the City approves the recommended actidn (total appropriation $762,035 of which $480,977 is from the General Fund and' $281,058 is from the Redevelopment Agency's Merged Capital Projects Fund), the estimated Second Tier Reserve Fund Balance in the General Fund will be reduced to $4,610,000 and the Redevelopment Agency's Merged Capital Project Fund Balance will be reduced to $16,039,000. In order to fund this $480,977 of Agency debt repayments to the General Fund in fiscal year 2005-2006 will not be made. cl D n T. Villella Finance Director TAKEt RCA ROUTING SHEET INITIATING DEPARTMENT: Planning/Economic Development SUBJECT: Professional Services Agreements with Freedman, Tung and Bottomley, Inc. and Rosenow Spevacek Group Inc. for Beach Boulevard/Edinger Corridor Study COUNCIL MEETING DATE: I August 21, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not A licable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ (Approved as to form by City Attorney Certificates of Insurance (Approved b the City Attorne ( PP Y Y Y) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Ap licable ❑ Commission, Board or Committee Report If applicable) P ( pp ) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial g pp Attached Not Applicable ElFindin REVIEWED' RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (initial) ) City Clerk `� o ► ORETQRN OF ITEM UMMER - RCA Author: M. Broeren/C. Davis/D. Powell RCA ROUTING SHEET INITIATING DEPARTMENT: Planning/Economic Development SUBJECT: Professional Services Agreements with Freedman, Tung and Bottomley, Inc. and Rosenow Spevacek Group Inc. for Beach Boulevard/Edinger Corridor Study COUNCIL MEETING DATE: I August 21, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ Approved as to form by City Attorney) Certificates of Insurance (Approved b the CityAtt pproved y ome y� Attached Not Applicable ❑ Fiscal Impact Statement (Unbudget, over $5,000) AttachedNot Applicable ❑ Bonds (If applicable) Attached Applicable ElNot Staff Report (If applicable) AttachedNot Applicable ❑ Commission, Board or Committee Re ort applicableIf a p ( pp ) Attached Not Applicable El Find in s/Conditions for Approval and/or Denial g pp Attached Not Applicable ❑ EXPLANATION ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (initial) ( ) City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: M. Broeren/C. Davis/D. Powell Aug 18 06 04:30p Tom Andrusky 714-840-9841 P.1 Tom Andrusky 5812 Trophy Drive Hunfi4gton Beach, CA 92649 i 714-840-6325 tomandrus"-@ .,verizon.net August 18, 2006 Mayor and City Council via City Clerk 2000 Main Street Huntington BeachCA 92648 Zgg kUG 18 F11 4: 32 Q Subject: Support for Item E-10 on the August 21, 2006 City Council Agenda and Request for the City Council to Establish a Web Site for the Economic Revitalization Project Dear Mayor and City Council: A comprehensive economic revitalization program is needed for Beach Boulevard and the Edinger Corridor. The program set forth in item E-10 will be a major step forward in creating a practical economic revitalization action plan for Beach Boulevard and the Edinger Corridor. I would like the City Council to approve item E-10. Also, it is recommended that an independent web site be established for the Economic Revitalization Program that would provide complete information to all members of our community on the program and regular status updates for the life of the project. Thank you for considering my comments in your decision making process. Sincerely, Tom Andrusky 60"