HomeMy WebLinkAboutOVERLAND, PACIFIC, AND CUTLER, INC. - OPC - 2007-01-16 Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied 'Vje�o. Cit lerk' ign re
ig--6 e
Council Meeting Date: 1/16/2007 Department ID Number: ED 07-03
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CfTY COUNCIL MEMBERS
SUBMITTED BY: P ELOP ULB�GRAF , DPA, City Administrator
PREPARED BY: STANLEY SMALEWITZ, Director roof-Econoic Development
ROBERT F. BEARDSLEY, PE, Dir ctor of Public Works
SUBJECT: Approve a Professional Services Contract with Overland, Pacific and
Cutler, Inc. for Right-Of-Way, Relocation and Implementation Services
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The City Council is asked to approve a Professional Services Contract
with Overland, Pacific &. Cutler, Inc. (OPC) for real estate and relocation coordination
services related to the Heil Avenue and Atlanta Avenue widening projects.
Funding Source: Funds are budgeted in the Traffic Impact Fund, Street Widening, Land
Purchase, Account No. 20690001.81000.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute the Professional Services
Contract between the City of Huntington Beach and Overland, Pacific & Cutler, Inc., for right-
of-way, relocation and implementation services.
Alternative Action(s): Do not approve the contract and direct staff to propose alternative
real estate and relocation coordination services.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER: ED 07-03
Analysis: The City requires ongoing real estate and relocation coordination services
associated with its right-of-way projects. In recent years, the City has outsourced services
including acquisition negotiations, appraisal services, title and escrow coordination, and
relocation services. Real estate activities conducted under California law and other statutes
regulating public sector work is highly specialized and is generally provided by a small
number of companies.
In order to assess market interest and the cost effectiveness of real estate consulting
services for ongoing and future right-of-way projects, staff issued a Request for Proposals
(RFP) for professional real estate and relocation consulting services on August 10, 2006.
RFPs were sent to six qualified firms, of which the following four submitted responses:
Firm Name Bid Amount
Overland, Pacific & Cutler, Inc. $182,850
Paragon Partners, Ltd. $239,200
Tierra West Advisors, LLC. $141,098
Universal Field Services, Inc. $148,950
Each response was carefully reviewed and scored based on the criteria outlined in the RFP.
Criteria used in the evaluation of submittals included: proven track record of successfully
implementing acquisition and relocation projects; ability to manage multiple projects with
varying complexity; ability to commit key personnel and provide in-house services; ability to
meet strict deadlines; and competitive fee schedule. After evaluating the responses and
checking references, staff concluded that OPC best demonstrated the ability to provide top
quality in-house services at competitive prices.
Given the need to complete currently budgeted right-of-way projects in a timely fashion, staff
recommends supplementing the proposed contract with OPC with smaller contracts for on-
call real estate services with the remaining three RFP respondents. This will allow for the
flexibility to complete additional projects without delaying the progress of large capital
projects. Real estate services are currently required for underway right-of-way projects such
as the Heil Avenue and Atlanta Avenue widening projects.
OPC is familiar with the City and has provided a high level of real estate services. Staff
initiated contract negotiations with the firm and successfully completed those negotiations.
The term of the proposed contract is three years, expiring on December 18, 2009. The total
amount of the contract is not-to-exceed $180,000. Funding for the work to be completed
under the agreement will be appropriated through the City's budget approval process.
The City Attorney's office has reviewed and approved the proposed agreement.
Environmental Status: Not applicable.
-2- 12/28/2006 9:56 AM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER: ED 07-03
Attachment(s):
City Clerk's
Page Number No. Description
1. Professional Services Contract between the City of Huntington Beach
and Overland, Pacific & Cutler, Inc. 2 copies
-3- 12/28/2006 3:26 PM
ATTACHMENT # 1
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Overland, Pacific & Cutler, Inc.
FOR
Right—of—Way, Relocation and Implementation Services
Table of Contents
1 Scope of Services.....................................................................................................1
2 City Staff Assistance................................................................................................2
3 Term; Time of Performance.....................................................................................2
4 Compensation..........................................................................................................2
5 Extra Work...............................................................................................................2
6 Method of Payment..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance.............................................................................4
10 Certificate of Insurance............................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement.......................................................................................6
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents...................................................................................................7
15 City Employees and Officials..................................................................................7
16 Notices.........................................................................................7
17 Consent....................................................................................................................8
18 Modification................................7...........................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited................................................................9
24 Attorney's Fees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law.........................................................................................................10
27 Entirety......................................................................................................................10
A
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Overland, Pacific & Cutler, Inc.
FOR
Right-of-way, Relocation & Implementation Services
THIS AGREEMENT ("Agreement") is made and entered into this 1(o 7-0 day of
,,�uilcky 20_079 by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
Overland, Pacific & Cutler, Inc. a corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide
right-of-way acquistion & relocation services ; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Joey Mendoza/Michele who shall
Folk
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY(the
"Commencement Date"). This Agreement shall expire on 12/18/09 ,unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than three years from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
One .Hundred, Eighty Thousand Dollars($ 180,000 ).
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
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compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
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I
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-
mentioned insurance shall not contain a self-insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
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10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense,hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner,the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its'own cost and expense, and be responsible for any and
agree/forms/profservl0/15/01-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.
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15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach Overland, Pacific & Cutler, Inc.
AjTN: Steve Holtz, Real Estate Manager 100 W. Broadway, Suite 500
2000 Main Street
Huntington Beach, CA 92648 Long Beach, CA 90802-4432
562.304.2000
Joey Mendoza/Michele Folk
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
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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
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which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this,Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, .be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
,
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
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each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non-prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that 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 10/15/01-A 10
A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
CITY OF HUNTINGTON BEACH,
OverlandR:-Pacific & Cutler, Inc. a municipal corporation of the State of California
B Director of Ecorkghc lopment
(Pursuant To HBMC 03.100)
John M. Cutler
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BY:
MAREK Karnn REVIEWED AND APPROVED:
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agree/forms/profservIO/15/01-A 1 1
EXHIBIT "A"
SCOPE OF SERVICES
Acquisition Methodology
This narrative describes OPC's work plan,which we would employ in the implementation of the City's project and
the Scope of Work identified in the RFP and detailed below. The basis of OPC's work plan is the formation of a
highly qualified team of professionals, who have the experience in providing these services for public agencies, as
well as have the technical expertise required to successfully relocate the impacted occupants.
Our overriding goal in our approach is to complete our work in a timely and technically correct manner, as well as
treating the property owner who is impacted by the project in a respectable and equitable manner. Success in this
assignment is contingent upon communicating technical data to people who may possess limited knowledge of the
complex process affecting their livelihoods and/or families. The benefits of this approach are cost effectiveness,
reduction in project delays,a decrease in court actions,and an increase in the public's confidence in the City.
Although our work plan anticipates completing all the Scope items listed in our proposal, to successfully complete
any project assigned by the City, more than just following a step by step method will be necessary. Our work plan
philosophy considers its client to be the City AND the individuals with whom we will work in the field. This
philosophy of property acquisition translates into a continued personal presence and an interest in providing
whatever services are necessary. Examples of this type of assistance which will be implemented by the OPC Team
are:
■ Building trust between the community,the program participants,the City and the consultant team
■ Providing continuous,concise,friendly and simple communication to affected property owners
■ Taking the time to go over the acquisition program as many times as necessary
■ Meeting with property owners at their convenience
Acquisition&Conveyance Approach
We will prepare the formal offer to purchase according to the City's specified format and will prepare any proposed
acquisition contracts or proposed deed formats as necessary. We will deliver the offers to the property owner in
person(as practicable)and will negotiate in good faith until all reasonable efforts have been exhausted.We train our
negotiators to utilize an integrative negotiation process to tackle all barriers to settlement in the most efficient
manner possible. We will evaluate the merits of all counter-proposals and make recommendations,if we feel that an
administrative adjustment or settlement is warranted based on the facts. In the event of an impasse,we will turn in a
complete record of our interactions demonstrating our good-faith attempts to settle. As requested, we will remain
available to provide litigation support as deemed necessary by the City's counsel.
One factor that differentiates us from others is the level of effort we devote to the negotiations effort.Acquisition is
not simply an "offer/counter-offer" process. Rather, we try to root out and solve the underlying issues preventing
settlement. This effort not only enhances our success rate but also builds trust in the acquisition process for the
agency using our service.
Controls
Our in-house procedures include weekly review and oversight conducted at the firm's monthly project managers'
meetings. Managers routinely review consultants' work products to ensure accuracy and consistency. We believe
in the quality control process and have been complimented by Federal Auditors on the completeness of our files.
Detailed Scope of Services
A. Project Administration
The following project management activities will be performed by the designated project manager of OPC.
1. Interface with the City,engineering consultant and/or the designated project manager.
2. Interface with the individual project managers of each of the sub-contractors on this project.
3. Prepare and provide the City's project manager updated status reports and project schedules on a
predetermined schedule.
4. Attend,organize and coordinate project status meeting with the City.
5. Participate in community relations and outreach activities, including attending and presentations at
community and council meetings.
6. Manage the right of way acquisition element of the project to insure a timely,profession conclusion of the
project.
7. Coordinate all other right of way related aspects of the project requested by the City.
B. Title Services
OPC will coordinate the issuance of preliminary title reports(the fee for such reports is not included in this proposal
and will be paid directly by City per instructions)and will be responsible for the clearance of any title exceptions in
order to transfer clear title to the City.
1. Obtain preliminary title reports for each property and underlying recorded documents referenced in the
report.
2. Identify and clearance of title matters as set forth in the settlement memorandum, which shall include but
not be limited to,payment of taxes due,and the securing of full or partial releases, subordination and/or re-
conveyance from lien holders of record.
C. Appraisal Services
OPC will sub-contract Lidgard & Associates to perform the appraisal services needed for this job. The
subcontracted appraisers will be responsible for the following appraisal activities to complete valuations for the full
and partial takings include the individual trailer homes:
1. Prepare and mail a"Notice of Decision to Appraise" letter to each of the affected property owners giving
them the opportunity to meet personally with the appraiser to present any information they feel is relevant
to the valuation of their property.
2. Inspect each property personally with the owner (if possible) and document the inspection with
photographs for use in the report.
3. Inventory all improvements affected by the proposed taking including notes on their manner of disposition
(i.e.pay-for and remove vs.move back).
4. Perform market research to support the selected appraisal methodologies.
5. Prepare a summary narrative appraisal reports and review appraisal reports that conforms to the Uniform
Appraisal Standards for Federal Land Acquisitions.
D. Negotiation Services
1. Establish and maintain a complete and current record file for the property ownership in a form acceptable
to the City.
2. Maintain a diary report of all contacts made with property owner or his/her representative and a summary
of the status of negotiations indicating attitude of owners, problem areas, and other pertinent information.
Originals or copies of all applicable written correspondence will be maintained in files.
3. Prepare and assemble acquisition contracts, deeds and related acquisition documents required for the
acquisition of necessary property interests. Said acquisition documents shall be in a form acceptable to the
City.A written reconciliation of the title matters affecting the acquisition shall be prepared for the property.
All documents shall be submitted to a designated City representative for review and approval prior to
presentation to the property owner.
4. Analyze litigation guaranties, approved appraisal reports, legal descriptions and other documents furnished
by the City, and/or prepared by OPC as provided above, in sufficient detail to negotiate with the property
owner and other parties to acquire interests in real property required by the City. Unless otherwise
authorized by the City,negotiations shall include personal presentation to the property owner of the written
Offer to Purchase and related/required documents, the Appraisal Summary, along with an explanation of
the project and acquisition process.
5. Follow-up and negotiate with the property owner, as necessary, and submit required justifications in
writing to the City for review and approval prior to presentation of any settlement offer to the property
owner. Generally, give owner approximately 30 days to consider initial offer before negotiations can be
considered"critical."
6. Recommend"impasse letter"be sent by City staff for any parcel, where after diligent attempts to settle by
negotiation, it appears eminent domain will be needed or prudent to acquire the needed interest. City will
send final letter based on information and circumstances to be provided by OPC.
7. Within 14 calendar days of execution of documents by the property owner, transmit to the City, for City
Council approval and acceptance, acquisition documents executed by the owner and other parties in
interest.Each transmittal package shall include:
a) Fully executed and properly notarized Deed(s),
b) Fully executed acquisition contract(Acquisition Contract)with attachments,in triplicate,
c) A completed settlement memorandum, which summarizes, explains, and justifies, as applicable,
the pertinent data relative to the transaction.
8. Prepare a written, twice-monthly status report based on the agreed-upon guidelines on information to be
provided.Confer weekly with City verbally on general status,problem areas,and progress.
E. Closing Services
1. Coordinate with City and escrow company to open escrow, review and approve closing statements, assist
with procuring necessary escrow documents and monitor closing of escrow.
2. Coordinate with City and Title Company to obtain updated title commitments and certified copies of
instruments of conveyance and ensuring recordation of all instruments immediately after closing.
F. Eminent Domain Support
1. Prepare a letter, for the City signature, to City Counsel requesting proceeding to condemnation, with the
following attachments:
a. A copy of the legal description of the property and estate to be acquired, including specific
wording pertaining to the rights being acquired; (e.g. flowage easement, temporary construction
easement conditions);
b. A Right of Way map of the property(to be provided by City);
c. A copy of the title report/litigation guarantee including supplements and copies of recorded
encumbrances;
d. An identification of those items to be"taken subject to"and those item to be eliminated;
e. A list including grantor's name, property mailing address and assessor parcel number, and
grantor's mailing address if different from property address, whether or not the parcel is a full
ownership or portion of a larger ownership,the general location and total area of the parcel;
f. Suggested deposit amount(s)for the parcel and funding code as provided by the City.
g. A copy of the Parcel File,together with a copy of the Offer to Purchase, written correspondence,
and Acquisition Contract and deed, which were mailed or presented to the grantor(s) during
negotiations.
G. Property Acquisition Services
As requested in the RFP, these services will be handled in the normal course in performing the property
acquisition and negotiation activities described above.
H. Property Management(optional)
City Assistance
The City will need to approve all documents to be provided to the property owners (e.g., offer letter format, sales
agreements, etc.). The City will also need to approve the appraisals and authorize OPC to make the offers in a
timely manner. Access to City staff members on an as-needed basis will expedite the processes and reduce the
overall costs.
Relocation Methodology
This narrative describes OPC's work plan, which we would employ in the implementation of the City's relocation
program and the Scope of Work identified in the RFP. The basis of OPC's work plan is the formation of a highly
qualified team of professionals, who have the experience in providing these services for public agencies, as well as
who have the technical expertise required to successfully relocate the displaced occupants.
The overriding goal in our approach is to complete our work in a timely and technically correct manner,as well as to
treat people impacted by the project in a respectful and equitable manner. Success in this relocation assignment is
contingent upon communicating technical data to people who can be fearful, angry and may possess limited
knowledge of the complex process affecting their lives and/or families. It is imperative that we address the
displacees' concerns equitably while attaining the goals of the City's project. The benefits of this approach are cost
effectiveness,reduction in project delays and an increase in the public's confidence in the City. We are going to do
more than technically comply with the rules-we are going to solve problems.
Although our work plan anticipates completing all the Scope items listed in the RFP,to successfully complete any
project assigned by the City, a work plan that is more than just following a step by step method will be necessary.
Our work plan's philosophy considers its client to be the City AND the individuals with whom we will work in the
field. This philosophy of displaced occupants being our client translates into a continued personal presence and an
interest in providing whatever services are necessary. Examples of this type of assistance, which will be
implemented by the OPC Team are:
■ Being available to residents at their convenience
■ Taking the time to go over the relocation program as many times as necessary
■ Driving residents to available replacement sites
■ Working with landlords, property managers, real estate agents, escrow and loan officers to secure
replacement housing for residents
■ Listening to, and being compassionate towards, residents going through a process that generally affects
their lives in a stressful manner
■ Processing claims and payments expeditiously
Accomplishing the Work
Accomplishing the work to meet the City's objectives and requirements can be broken down into five segments.
These segments are as follows:
■ Planning
■ Data Collection and Information Delivery
■ Eligibility Determinations&On-Going Advisory Service
■ Replacement Housing Referrals
■ Vacation and File Close Out
Planning
The first, and probably the most important, task in all the segments are meetings with the City to discuss the
assumptions of both parties and to reach agreement on tasks to be completed, regulations and procedures to be
followed and a variety of other issues where understanding and agreement are needed. A strong plan upfront, and
agreement on how the relocation program is to be delivered, will be the key to a successful program. As an
example, issues such as check processing timeframes, occupancy standards and what documents are necessary for
claim approval are just a few of the important items that need to be discussed and understood.
The next task in the Planning segment is the initial meeting with the Project occupants to provide them with an
overview of the relocation process and to explain what they can expect from the relocation program as it relates to
the benefits they are eligible to receive, the advisory assistance that will be provided and other specifics relative to
the initial planning identified above.
The last major task in the Planning stage is the preparation of the Relocation Plan. The Relocation Plan will
determine the level of service needed for later relocation assistance activities based on the personal interviews that
will be conducted with all affected occupants. The Plan will describe the affected project occupants, identify the
procedures and the program the City will follow, identify the availability of comparable replacement housing, as
well as provide a relocation budget estimate.
Data Collection and Information Delivery
Before a final eligibility determination can be made,OPC must gather more than just anecdotal information obtained
in the initial interview for the Plan. Documentation to support verification of current rental/mortgage payments,
household size and verification of tenancy,household income and special needs must all be secured and verified.
At the same time,this will be the occasion to deliver specific information regarding the relocation program and the
beginning of the"personal presence" discussed above. OPC staff will take the time to go through the information
being delivered, and in essence, "teach"the relocation program. We have found that while the relocation program
and its goals are not complex, understanding the specifics of the process and payments may take a number of
explanations before the individuals have a good understanding of what is required of them as well as what is
available to them and how to take advantage of the relocation benefits to which they are entitled.
Follow up meetings, letters and phone calls are made to continue to gather necessary documentation as well as
provide additional"teaching" of the relocation program and process. OPC considers extensive advisory assistance
paramount to a successful relocation.
Eli ig bility Determinations&On-Going Advisory Service
During this time, all necessary documentation is being requested and received from the project occupants, and a
search for available, comparable, replacement housing is being conducted. The combination of personal data
collected and the available replacement housing is used in the determination of the occupant's specific financial
entitlements. OPC staff will select a comparable replacement dwelling out of at least three that best fit the elements
of comparability to the subject, or via a rent schedule, if project circumstances allow. The Project Manager will
make the final relocation entitlement determination and submit it to the City for approval.
Once the eligibility amount is approved, OPC staff will make another personal visit to the household to deliver the
Notice of Eligibility and explain the benefits to which they are entitled. The displacees are also counseled as to what
they must do to claim said benefits.
When occupants have located replacement housing,inspection of the units will occur to make sure they meet decent,
safe and sanitary standards. Additional assistance, as needed,will be provided to assist with such things as working
with landlords,property managers,real estate agents, escrow and loan officers to secure replacement housing. OPC
will also assist with the preparation and processing of relocation claims for the eligible occupants.
Replacement Housing Referrals
One of the tenets of the relocation program is that comparable replacement housing must be available before you
can cause displacement. Therefore, OPC will search for, verify the availability of, and provide referrals to
comparable replacement housing. The displacees will receive referrals on a regular basis until they secure
replacement housing.
One critical assumption of finding available housing is the actual securing of the available unit. Many times,
especially in the competitive housing market we are experiencing in the Orange County market, it is those who have
the money that will secure the unit. And many times, occupants being displaced for a publicly funded project are in
the lower income category and do not have the funds necessary for first months rent and security deposit. Without
the ability to secure advance claims in a timely basis, many replacement housing opportunities are lost and the
credibility of our consultants and the City is lost. Therefore, it is critical that checks are processed as quickly as
possible for the claimants.
As we have done with many other clients, OPC proposes to set up a Trust Account with monies funded by the City
to allow OPC to process the payments as they are approved by the City,rather than having to go through the City's
time consuming and cumbersome process. Claims are still sent to the City for review and approval, but once
approved, a check can be cut immediately by OPC staff from the Trust Account. Appropriate controls and reports
are submitted to the City documenting the funds deposited and monies that that have been paid.
Vacation and File Close Out
The last segment is critical because without vacation of the units, the City cannot proceed with the proposed road
work or other project construction. OPC's Project Manager will work closely with the City to make sure its
schedule is met. Therefore, OPC's goal will be to provide all appropriate services, referrals and assistance to
relocate the tenants while adhering to the City's timeline. If tenants have not found replacement housing 90 days
before the City needs the property vacant (or other date determined by the City) and appropriate comparable
replacement housing has been provided,OPC will deliver 90-Day Notices to Vacate.
Lastly, the task of closing a file, while not critical to vacating the tenant, will be of importance long after the units
are vacated. The files must be able to tell a story of who, what, why and how much, so that any auditor will
understand the process and sign off on the reimbursement of the funds,if applicable.
Controls
Our work plan all along the way calls for QA/QC measures which dictate that the Project Manager reviews and
signs off on all documents which commit to eligibility determinations and payment amounts. It is the Manager's
responsibility to review each file every time a document, which commits to eligible entitlements, is submitted for
approval or a request for monies is made. This assures that once the claimant is vacated,all appropriate information
is in the file and the entitlement determinations are justified. After the tenant vacates and all eligible relocation
payments have been made,the file is closed and returned to the City.
Deliverables/Schedule
The Relocation Plan will be delivered within 60 days of beginning the interviews. After approval of the Relocation
Plan by the City Counsel and an offer to the property owner has been made, within 30 days staff will re-interview
project occupants, collect necessary documentation and deliver an Informational Brochure explaining the City's
Relocation program. After completion of the interview, a Notice of Eligibility and referrals to replacement housing
will be delivered within 30 days from the date of the interview(with approval from the City). Lastly,our work plan
assumes a 90 Day-Notice will be delivered with, or shortly after, the delivery of the Notice of Eligibility. For the
relocation assistance implementation, our Work Plan assumes vacating all units within 6 months or less from the
beginning of the Data Collection and Information Delivery segment. Please refer to Attachment 2, which is a
sample of our standard relocation timeline. (Please note, with the Atlanta Project and the involvement of a mobile
home park,vacate noticing requirements may be different,and the vacate period may be extended.)
City Assistance
In order for OPC to accomplish its work plan,OPC will request a project meeting with the City to finalize a project
timeframe, clarify expectations and required tasks for both the City and OPC and initiate our services. Unique
challenges related to the specific project can be discussed and pre-planning and problem solving initiated. Regular
communication between the City and OPC's Project Manager is crucial throughout the project.
The City will need to approve selected comparables and/or a rent schedule,eligibility determinations and claims on
a timely basis. It is critical that claim checks are processed expeditiously,and it will be requested that checks are cut
and issued from the City within two weeks of a claim being submitted, if possible. In lieu of the City processing
payments, OPC would recommend the City agree with our proposal of establishing a Trust Account for eligible
relocation expenses. The City will also need to have an appeals policy in place.
(Remainder of Exhibit intentionally left blank)
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
Acquisition Services: See attached fee proposal
Relocation Services: See attached fee proposal
Total fees shall not exceed One Hundred Eighty Thousand ($180,000.00) for the term of the
contract. Consultant agrees to inform the City when Consultant is at the point of reaching the
maximum limit per year. Consultant shall not continue with any work effort over the amount of the
maximum limit per year unless first authorized in writing by the City authorized representative(s).
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-quarter-hour (0.25) 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/12/7/06 EXHIBIT B 1
Hourly Payment
j 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.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
and billed another client for in the past.
8. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
agree/forms/exB-hourly fee/12/4/06 EXHIBIT B 2
Hourly Payment
v �
EXHIBIT "B"
Payment Schedule (Hourly Payment)
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/12/4/06 EXHIBIT B 3
Hourly Payment
r
�CLv Cfi-T/ v AJ
:W7M P L. E M E N T-A-Ti 6-w1
- Fee Proposal
The following fees assume the estimated number of households to be relocated for the Heil Avenue
Widening Project(Year 1)is four,and the estimated number of households for the Atlanta Project(Years 2
and 3)is twelve.
SECTION I. Fixed Price Proposal
A. Relocation Plan Preparation
Description of Services Year 1 Year 2 Year 3
Provided
Relocation Plan—Heil $2,750 $2,900 $3,000
Avenue Widening
Relocation Plan— $3,300 $3,500 $3,650
Atlanta Project
Total$(not to exceed)* $6,050 $6,400 $6,650
*Based on four households on the Heil Avenue Widening Project and 12 households on the Atlanta Project
SECTIONH. Time&Materials Proposal
B. Relocation Implementation
Estimated Case Rate Estimated Case Rate Estimated Case Rate
Description of Services Per Household Per Household ..
r Household
Provided Year I Year 2 Year 3
Residential Relocations $3,000 $3,250 $3,500
(Heil Avenue
Residential Relocations
—Owner-Occupied $3,500 $3,750 $4,000
Atlanta Project
Residential Relocations
—Tenant-Occupied $3,000 $3,250 $3,500
Atlanta Project)
Total$(not to exceed)* $48,000454,000** $52,000458,000** $56,000-$62,000 **
*Based on four standard households on the Heil Avenue Widening Project and 12 mobile home
households on the Atlanta Project
**Unknown total due to lack of knowledge of how many owner-occupied units versus tenant-occupied
units exist on the Atlanta Project. Low end of the range assumes all 12 units on the Atlanta project are
tenant-occupied;high end of the range assumes all 12 units on the Atlanta project are owner-occupied.
For activities associated with the attached Scope of Services and work plan outlined above, OPC may submit
monthly invoices for the consulting services rendered based on the hourly rate schedule provided below.
However, in no event will OPC's total hourly billing exceed the total project amount without. prior
authorization from the City. Additional cases identified during the implementation of the Project and/or
substantial changes in the required scope of work, including long-term negotiations in the acquisition which
take the relocation process past nine months, and/or uncooperative occupants which create delay or
extraordinary time commitment, either by themselves or because they are being represented by legal counsel
or relocation representative,are items which may result in the revision of the estimated fee.
Page 19
The current hourly rate schedule for the project is as follows:
2006 Schedule of Hourly Rates
Overland,Pacific&Cutler,Inc.
Corporate Officer $175 per hour
Regional Manager $135 per hour
Sr.Project Manager $120 per hour
Project Manager $110 per hour
Senior Acquisition/Relocation Consultant $100 per hour
Acquisition/Relocation Consultant/Analyst $85 per hour
Real Estate Technician/Escrow Officer/Project Support $60 per hour
Secretarial/Clerical $40 per hour
Hourly rates will be adjusted in 2007 by no more than 5%. Any consulting services or advice necessary for
an appeal,or to support litigation, such as depositions,pre-trial research and,court testimony,is not part of
the estimated fee and shall be billed hourly at 200%of the above rates.
The firm considers photocopying, postage, telephone, facsimile and cellular communication charges as a
normal part of doing business. These charges are included in the stated hourly rates. Out-of-pocket
expenses, including pre-approved travel and lodging, outside exhibit preparation, requested overnight
courier charges, and specialty reproduction will be charged at cost plus 10% to cover administration,
coordination and handling. Subcontracted services will be invoiced at cost plus 10%.
Page 20
Fee Proposal
Atlanta
Heil Widening Widening
Description of Services Project
Project
Fee Parcel Trailer
1) Administration $6,000 $4,000 $2,500
2) Title Services $1,400 $200 N/A
3) Appraisal Services $20,000 $5,000 $18,500
4) Negotiation Services $26,750 $5,000 $17,500
5) Closing Services $4,900 $700 $8,400
6) Condemnation Support Services Incl. in item 4 above Incl.in item Incl.in item 4
4 above above
7) Property Acquisition Services Incl. in item 4 above Incl. in item Incl.in item 44 above above
Total$(Not to Exceed) $59,050 $14,900 $46,900
Total$(Not to Exceed Per Parcel) $8,435 $14,900 $3,900
*Fee includes preparation of the required fee appraisal of partial taking and appraisals for each affected
trailer coach.
Additional Services
Additional services will be invoiced at OPC's hourly rate,as shown below.
116 Schedule of Hourly Rates
Overland,Pacific&Cutler,Inc.
Corporate Officer $175 per hour
Regional Manager $135 per hour
Sr.Project Manager $120 per hour
Project Manager $110 per hour
Senior Acquisition/Relocation Consultant $100 per hour
Acquisition/Relocation Consultant/Analyst $85 per hour
Real Estate Technician/Escrow Officer/Project Support $60 per hour
Secretarial/Clerical $40 per hour
Any consulting services or advice necessary for an appeal,or to support litigation, such as depositions,pre-
trial research and, court testimony, is not part of the estimated fee and shall be billed hourly at 200%of the
above rates.
Page 20
The firm considers photocopying, postage, telephone, facsimile and cellular communication charges as a
normal part of doing business. These charges are included in the stated hourly rates. Out-of-pocket
expenses, including pre-approved travel and lodging, outside exhibit preparation, requested overnight
courier charges, and specialty reproduction will be charged at cost plus 10% to cover administration,
coordination and handling. Subcontracted services will be invoiced at cost plus 10%.
Page 21
' INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUESTR E 0 E I V E D
DEC 14 2006
1. Requested by: Linda Suraci, Economic Development
City of Huntington Beach
2. Date: December 14, 2006 City Attorney's office
3. Name of contractor/permittee: Overland Pacific & Cutler Inc
4. Description of work to be performed: Right-of-way, relocation and implementation
services
5. Value and length of contract: Not-to-exceed $180,000; January 2007 - December 2010
6. Waiver/modification request: $10,000 deductible/general; $100,000 SIR/professional
7. Reason for request and why it should be granted: Unable to comply with the city's zero
deductible/SIR insurance requirement
8. Identify the risks to the City in approving this waiver/modification: None
Department H Signature Date:
APPROVALS
el
Approvals=must be obtained-in the order listed on this form..Tvv6 approvals are;required
:for a request to be granted. Approv m th' ,City Administrator's Office is only required if' .:.
Risk Managehie and the Oty Attorneys 0 ice drs ree;
1. Ris Management
Approved ❑ Denied
Signature Date'
2. City Attorney's Offic
A proved ❑ Deni S Lo(o
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved,the.comptated waiver/motlifrcation regga sf is t6be submitted to the
City Attorneys_Offrce'along with1he,contract for approval. 0hbe the, ntract has been atipi ov6d,
this form is to be;:filed with:the:Risk Management Division of Adrri'inistrative Seniices,'
TempWaiver 12/14/2006 3:43:00 PM
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE S
PRODUCER (818)225-6200 FAX (818)225-6210 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Veabrook ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
22801 Ventura Boulevard ALTER THE CO RAGE AFFORDED BY THE POLICIES BELOW.
Third Floor
Woodland Hills CA 91364-5815 INSURERS AFFORDING COVERAGE NAIC
INSURED INSURERaThe Hartford
Overland Pacific & Cutler Inc. INSURERB:HiscoS, Inc.
100 West Broadway Suite 500 INSURER C:
-INSURER :
I�png Beach CA 90802 INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATLD.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 POLICES 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 TYPE 0P INSURANCE POLICY NUMBER DA rME�IYE DATE
UWDDEXPIIM u1111g
OENERAL LIASUM EwcH OCCURIi9JCE $ 11000,000
D E TO RENTED
COMMEFfCIAL GENERAL LIABILITY PREMISESEa owmenoa $ 300,000
A CLAIMSMADElil OCCUR 72UUNTR7859 06/01/2006 06/01/2007 MEDEXP An one aeon $ 10,000
g $10,000_ RI&PD Dl= PERSONAL 8 ADV INJURY. $ 11 000,000
S PSR CLAIM GENERAL AGGREGATE $ 2o000,000
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIIOP AGG $ 2,000,000
PRO
S POLICY JECT LOC
A AUTOMOBILELIASILm 72UUW=7859 06/01/2006 06/01/2007 COMBINED SINGLE LIMIT
S ANY AUTO (Emend $ 1,000,000
ALLOWNEDAUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS APPR VED AS TO FORM BODILY INJURY
NON-OWNED AUTOS JENN PER M�� �'AttOmm
Per') E
X Comp Ded: 01,000 PROPERTY DAMAGE
S cell Ded: $1,000 ( d (Peracdderd) $
GARAGE LIABILITY y Pa i UAIGMn&V AUTO ONLY-EA ACCIDENT $
ANY AUTO Aswou 3t C1 t.,,.✓ OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLALIASOJFY EACH OCCURRENCE $ i,000,000
X OCCUR ❑CLAIMS MADE AGGREGATE $ 11000,000
A DEDUCTIBLE 72RHUTR7949 06/01/2006 06/01/2007 $
RETENTION $ 1 $
OFr
A WORKERS COMPENSATION AND X ORY IIAM�ITS ER
EMPLOYERS'LIABIL rFY
ANY PROPRIETowPARTNERIE%ECUnvE E.L.EACH ACCIDENT $ 11000,000
OFFICEWMEMBEREXCLUDED7 72WZRL3495 06/01/2006 06/0l/2007 EL DISEASE-EA EMPLOYE $ 1,000,000
If yea.describe under
SPECIAL PROVISIONS bebw E.L DISEASE-POLICY LIMIT $ 1,000404)
000
B OTHER Errors & O®issions MBOIQO112506 06/01/2006 .06/01/2007 z ai o $ 2,000,000
Professional Liab. am-
DESCRIPTION OF OPERIl710NSAOCAiiDN$IVEMCLESIEXCUMOM ADDED BY ENDORSEMENTISPECML PROVISIONS -
Certificate Holder, its agents, officers and employees are named as Additional Insureds as their interest may Appear
in the operations of the Named Insured as respects General Liability per attached endorsement AG 00 01 06 05, *10 DAY
NOTICE Or cm=LLATION FOR NON-PAYI=T of 1aRKIIIK
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE�LLED BEFORE THE
The City and Redevelopment Agency Of EXPRAMM DATE THEREOF, THE ISSUNG INSURER WILL Ipa®alWJWMML
The City of Huntington Beach 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT,XXX
Attn: Steve Holtz
2000 Main Street
Huntington Beach, CA 92648
AUlIIORRMD REPRESENTATIVE
Robbin TAi IGH
ACORD 25(2001108) ®ACORD CORPORATION 1988
INS025(0108).06 AIRS YMP Modgage Soludons.Inc.(800)327-0545 Page:ore
have all your rights and duties under this Coverage 5. Nonowned Watercraft
Part. With respect to watercraft you do not own that is less
e. Unnamed Subsidiary than 51 feet long and is not being used to carry
Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while
which is a legally incorporated entity of which you operating such watercraft with your permission. Any
own a financial interest of more than 50% of the other person or organization responsible for the
voting stock on the effective date of the Coverage conduct of such person is also an insured, but only
Part. with respect to liability arising out of the operation of
The insurance afforded herein for any subsidiary the watercraft, and only if no other insurance of any
not named in this Coverage Part as a named kind is available to that person or organization for this
insured does not apply to injury or damage with liability_
respect to which an insured under this Coverage However, no person or organization is an insured with
Part is also an insured under another policy or respect to:
would be an insured under such policy but for its a. "Bodily injury" to a co-"employee" of the person
termination or the exhaustion of its limits of operating the watercraft;or
insurance. b. "Property damage"to property owned by, rented to,
3. Newly Acquired or Formed Organization in the charge of or occupied by you or the employer
Any organization you newly acquire or form,other than of any person who is an insured under this
a partnership,joint venture or limited liability company, provision.
and over which you maintain financial interest of more 6. Additional Insureds When Required By Written
than 50% of the voting stock, will qualify as a Named Contract,Written Agreement Or Permit
Insured if there is no other similar insurance available The following person(s) or organization(s) are an
to that organization. However: additional insured when you have agreed, in a written
a. Coverage under this provision is afforded only until contract, written agreement or because of a permit
the 180th day after you acquire or form the issued by a state or political subdivision, that such
organization or the end of the policy period, person or organization be added as an additional
whichever is earlier; insured on your policy, provided the injury or damage
b. Coverage A does not apply to "bodily injury" or occurs subsequent to the execution of the contract or
"property damage" that occurred before you agreement.
acquired or formed the organization; and A person or organization is an additional insured under
c. Coverage B does not apply to "personal and this provision only for that period of time required by
advertising injury" arising out of an offense the contract or agreement.
committed before you acquired or formed the However, no such person or organization is an insured
organization. under this provision if such person or organization is
4. Mobile Equipment included as an insured by an endorsement issued by
With respect to "mobile equipment" registered in your
us and made a part of this Coverage Part.
name under any motor vehicle registration law, any a. Vendors
person is an insured while driving such equipment Any person(s) or organization(s) (referred to below
along a public highway with your permission.Any other as vendor), but only with respect to "bodily injury"
person or organization responsible for the conduct of or"property damage" arising out of"your products"
such person is also an insured,but only with respect to which are distributed or sold in the regular course
liability arising out of the operation of the equipment, of the vendor's business and only if this Coverage
and only if no other insurance of any kind is available Part provides coverage for "bodily injury" or
to that person or organization for this liability. However, "property damage" included within the "products-
no person or organization is an insured with respect to: completed operations hazard".
a. "Bodily injury" to a co-"employee" of the person (1) The insurance afforded the vendor is subject to
driving the equipment;or the following additional exclusions:
b. "Property damage"to property owned by, rented to, This insurance does not apply to:
in the charge of or occupied by you or the employer a "Bodily injury" or "propertydamage" for
of any person who is an insured under this ( ) 1 y 1 ry, g
which the vendor is obligated to pay
provision. damages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the vendor would have in the
absence of the contract or agreement;
Page 10 of 18 HG 00 0106 05
CITY OF HUNTINGTON BEACH
Professional Service Contracts
8jj9p9a Purchasing Certification
1. Date: 11/16/2006
2. Department: Economic Developrr)ent
3. Requested by: Steve Holtz, Real Estate Services Manager
4. Name of consultant: Overland, Pacific and Cutler, 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.
The consultant will provide the following real estate and right-of-way consulting services:
(1)Administration, (2)Title Services, (3)Appraisal Services, (4) Negotiation Services, (5)Closing
Services, (6) Condemnation Support Services, and (7) Property Acquisition Services
6. Amount of the contract: $180,000
7. Are sufficient funds available to fund this contract?' ® Yes ❑ No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council'? Yes ® No—
jo
9 Company number and object code where funds are budgeted: 20690001.82300 '1l
10. Is this contract less than $50,000? ❑Yes ® No
11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
12. Is this contract over$100,000? ® Yes ❑ No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No ✓
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
Attached �/
15. Attach proposed scope of work.
Attached
16. Attach proposed payment schedule.
Attached
is L
Department Head Ngnature RI ARD AMADRIL, Manager
Purchasing/Central Services
1. If the answer to this question is "No," the contract will require approval from the City Council.
Right-of-Way, Relocation & Implementation Consultant Services
Contractor Contact Address Telephone Email
1 Overland, Pacific&Cutler, Inc. JoeyMendoza 4222 Avenida de la Carlota, #275 949.951.5263
Laguna Hills, CA 92653 1jrnendoza@opcservices.com'
2 Tierra West John Yonai 168 Annandale Road 26.665.1224 'yonai@tierrawestadvisors.com
Pasadena, CA 91105
3 Universal Field Services, Inc. Kent Melton 18377 Beach Blvd., #220 714.842.7333 kmelton@ufsrw.com
Huntington Beach, CA 92648
4 Paragon Partners Ltd. Neilia A. LaValle 5762 Bolsa Avenue, #201 714.379.3376 I'neilia@paragon-partners.com'
Huntington Beach, CA 92649
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Approval Real Estate and Relocation Services Contract
With Overland, Pacific & Cutler, Inc.
COUNCIL MEETING DATE: January 16, 2007
RCA ATTACHMENTS STATUS.
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Ap 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
(Signed in full by the City Attome ) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attome ) Not Applicable
Certificates of Insurance (Approved by the City Attomey) Attached
Not Ap licable ❑
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Ap licable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicabie
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff )
Deputy City Administrator Initial ( )
City Administrator (Initial)
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM':
(Below • . For Only)
RCA Author: HOLTZ(5901)
i.4"je CITY OF HUNTINGTON BEACH
`9 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
January 18, 2007
Joey Mendoza/Michele Folk
Overland, Pacific & Cutler, Inc.
100 W. Broadway, Suite 500
Long Beach, CA 90802-4432
To Whom It May Concern:
The City Council of the City of Huntington Beach at the meeting held
January 16, 2007, approved execution of the Professional Services Contract Between
the City of Huntington Beach and Overland, Pacific & Cutler, Inc. for Right-of-Way,
Relocation and Implementation Services
Enclosed is a duly executed copy of the agreement for your records.
Sincerely,
Jiro-)
J n 7`Flynn
City Clerk
Encl.: Agreement
JF:pe
G:fb1Iowup:agrmtltr/CoAg ing/j c
1 Telephone:714-536.5227)