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HomeMy WebLinkAboutEDAW INC. - 2002-10-25i �SUTI it \ Contracts Checklist for Submittal to ( City Clerk's Office Hunt D Peach (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x5404= Y r° 1. Name of Contractor: ��AN,4 , i� 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake - Huntington Central Park �N `" �' "`"'`' '��%f � r`-�'�e�-h-c�' �jC,� • f 6Y`- -�r� � k�1 oi.-e_ 3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your department if the file is ready to inactivate. t2SI?moot j 4. Amount of Contract: *e�vl JJJ A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/am endment/etc)? RYES ❑ NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested - pursuant to HBMC 3.03.100? ❑ YES/A OR Is the attached contract a SOLE SOURCE? ❑YES N/A C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? YES PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY: LK g:/forms/city clerk contract checklist,doc Su ity PROFESSIONAL SERVICE CONTRACTS Hune t Bewh PURCHASING CERTIFICATION 1. Requested by: Mary Beth Broeren 2. Date: October 31, 2002 3. Name of consultant: EDAW, Inc. 4. Description of work to be performed: Consulting services pertaining to environmental documentation for the Parkside Estates project; this is a continuation of an existing contract. 5. Amount of the contract: 50,000 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 10060201.69365 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ' ❑ No 10. Were (at least) informal written proposals requested of three consultants? ❑ Yes, ® NoC— 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. ntral services ` If the answer to any these questions is "No," the contract will require approval from the City Council. Purchasing Certification 10/31/2002 1:37 PM PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EDA-w . =ric- . FOR THIS AGREEMENT ("Agreement") is made and entered into this 25+"% day of ©c.-Ube-4"� 2002, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and a c1f'o Cor(��o--FrbYu hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to . engage the services of a consultant to .pe-� kbJZL_s Arai e. CIF- : 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: I. 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 —Se. c-- tAorga..n who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profservl0/15/01 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on 2oo� , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than - 4vw rnor 4-hS 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," a fee, including all costs and expenses, not to exceed *VNOU50-nc, Dollars ($ !!�J voc po ). 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/profserv10/15/01 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,'r which is attached hereto and incorporated by reference into this Agreement. 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. agree/forms/profsery 10/15/01 3 CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. 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 10/1 s/01 4 • 0 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/profsery 10/15/01 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/profsery 10/15/01 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: TO CONSULTANT: City of Huntington Beach ATTN: f�:, (fie-rtn &oe-e-e n 2000 Main Street��w T� c . Huntington Beach, CA 92648 1-1$"15 VOV\ k4,,rrhO-41 AVC. 5}e_, 400 Trv� tom- L P� °12cv � y 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/forms/profsery 10/15/01 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/profserv10/15/01 8 • 0 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, agree/forms/profsery 10/15/01 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the. expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry'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 10 L IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, a munici I corporation of the State of California Ol ((Ali fTr llA Cn"7 IKn irectorof Plo.-Orlin By -.—(Pursuant To HB(!!§3.03.100) 'Vk C� l Gm M4- print name ITS: (circle one) Chairman/President/ ice President APPROVED AS TO FORM: ANDS ov City Attorney By: il- print name ircle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer agree/forms/profserv10/15/01 11 REVIEWED AND APPROVED: City Administrator (only for contracts over S50, 000.00) CALIFORNIA ALL-PURPOSACKNOWLEDGMENT • State of Cc.. (11 'tor A 10, County of ISA n r _rC it a 1, S C,ID On per Kpersonally Names) of Signers) known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the TODD MOTTERN same in his/her/their authorized capacity(ies), and that by • COMM.1378559 ,o his/her/their signature(s) on the instrument the person(s), U . o► NOTARY PUBLIC-CALIFORNIA or the entity upon behalf of which the person(s) acted, d SAN FRANCISCO COUNTY executed the instrument. My Comm. Expires Oct. 6, 2006 WITNESS my hand and official seal. Signature of Notary Public 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 Title or Type of Document: f t0`tQ_-6S,1o.Aa J SC_,_tt1 L0 5 eax`e-010_+ Document Date: �C-�o Er 2 L�bZ Number of Pages:_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 7 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. . Signer's Name: El Individual Corporate Officer Title(s): Partner — Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services.....................................................................................................I 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless....................................:....................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification...........................................................................:.................................8 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 EDAW 1 N C September 18, 2002 Revised October 24, 2002 2737 CAMPUS DRIVE Ms. Mary Beth Broeren IRVINE CALIFORNIA City of Huntington Beach Department of Planning 92612 2000 Main Street Huntington Beach, CA 92648 TEL 949 660 8044 Re: Add Service Request for Parkside Estates Project FAX 949 660 1048 Dear Ms. Broeren: LICENSE NUMBER 1908 This correspondence is a formal add service request for the Parkside Estates project. Based upon the City Council's approval on Monday, we have modified this request www.adaw.com to reflect "actual costs" incurred by EDAW and our subconsultants versus "estimated costs" for work completed through October 31, 2002. Items 3, 8, and the Budget Estimate have been modified since the original request submittal. Our work efforts through August 31, 2002 have resulted in a budget deficit of approximately $16,800.00. The use of the remaining contingency funds by EDAW was approved by the City on October 22, 2001. EDAW is requesting this Add Service and/or Contract Amendment, based on additional "unforeseen" tasks performed and to be performed (beyond the scope of work/tasks, outlined in the October 4, 2000 Contract Amendment and the scope of work outlined in EDAW's request for use of contingency funds, dated October 22, 2001) in finalizing the Parkside Estates Response to Comments / Final EIR No. 97-2 and working with staff through the Public Hearing(s) process. The following summarizes the additional work efforts and rationale for this request. Specifically, the add service request is based on the following eight (8) factors, which have contributed to a substantial amount of time that was not anticipated with the last budget amendment on October 4, 2000 and contingency fund approval of October 22, 2001: 1. Based on the New Alternatives to the Draft EIR document and receipt of the CLOMR on June 6, 2002, staff and the applicant are proposing Alternative 7 as the "recommended project." As a result, EDAW revised and submitted the previously completed CEQA Findings and MMP for the City's use on 8/19/02. The original CEQA Findings and MMP were completed prior to the New Alternatives document and assumed that the "original project" would be the "recommended" project. Based upon our review of our budget files, we estimate this work effort was ± $2,500.00. 2. After circulating the New Alternatives to the Draft EIR document from 6/29/01 to 8/13/01, we received comments from various individuals and agencies, which required EDAW to engage in a substantial amount of coordination with subconsultants regarding water quality and visual resource issues. In response to new comments regarding the original visual simulations and the fact that they did not address "privacy impacts" on existing homes nor potential lighting impacts from the new developments vehicles on "A and D" Streets, EDAW coordinated with Focus 360 (i.e., attended meetings and site visits) for additional visual simulation analyses, which was not originally anticipated in the 10/22/01 Contingency Request. UNITED STATES Task 2 of our last budget amendment dated 10/4/01 stated "The number and extent of comments which, will be generated on this new information is EUROPE currently unknown and therefore EDAW's response effort is also unknown." In response to the new comments, a headlight study was conducted by A U S T R A L I A P I99 A7N 15001;CORRESPONDENCE;2002;SEPT LASER 2002 ADDSERVICE.DOC ASIA DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE Ms. Mary Beth Broeren September 18, 2002 Revised 24 October 2002 Page 2 Bassenian/Lagoni Architects with EDAW's coordination to provide the appropriate written text. Additionally, though not required . by CEQA a visual privacy study was conducted and a total of six (6) exhibits dealing with the visual privacy and headlight study issues were prepared. Furthermore, in response to comment OCPD#2-6 and #2-7 regarding the new regulations (WQMB Order No. 01-20), EDAW attended separate meetings with City staff and Rivertech, participated in a conference call and prepared a memo dated 10/30/01 outlining staff's request for the 2002 Water Quality Addendum. This additional effort also involved substantial fax and e-mail correspondence from EDAW to various team members and City staff to ensure an adequate response to OCPD#2-6 and #2-7. Based upon our review of our budget files, we estimate this additional meeting attendance and coordination work effort was ±$ 3,100.00. EDAW has continued attending weekly (Wednesday) project meetings at the City of Huntington Beach. Based upon our review of our files, we have attended ± 18 (11/l/01—10/30/02) Wednesday meetings over the past twelve (12) months. Based upon review of our budget files, this work effort was ± $ 4,300.00 (Jayna's hours only). Although our original contract did assume some meeting attendance, it did not anticipate the number, which have been attended over the past twelve (12) months or will be required in the near future. 4. Due to the project's complexity (i.e., total of 4 Volumes for the Response to Comments/Final EIR) and changes/comments which triggered additional substantial revisions to the Response to Comments/Final EIR document, reproduction of the Response to Comments/Final EIR document occurred several times and each time "marked -text check copies" were submitted to the City and various team members. Since the original Screencheck Response to Comments/Final EIR submittal on 2/28/00, the Response to Comments/Final EIR document was submitted to the City and project team a total of five (5) times on 3/20/02, 4/10/02, 6/25/02, 7/23/02, and 8/2/02. While the City and EDAW had anticipated a couple screencheck copies of the Response to Comments/Final EIR, the unusually large size and amount of information required multiple submittals to assist in providing the most "user-friendly" approach. The 8/2/02 submittal included a large effort by EDAW not originally anticipated. This effort included word searching and adding specific page number references to each response which referred to a prior response and those that referred to a specific page in the Final EIR. Additionally, our original scope/budget had assumed that there would be an Errata to the Draft EIR (Section 4.0 of our 2/28/00 submittal) and did not anticipate reproducing a Final EIR as a separate, "stand alone" document as it currently is within Volume U. Following City staff and applicant feedback on our original submittals EDAW completed the Final EIR as a separate, "stand alone" document. Based upon our review of our budget files, we estimate that the above discussed work effort was ± $7,100.00. DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE Ms. Mary Beth Broeren September 18, 2002 Revised 24 October 2002 Page 3 5. At the request of City staff and the applicant, EDAW has revised the verbal and written comment matrix, which was originally prepared by EDAW as an "additional task." This effort involved adding two new sections 4.1 and 4.3 to the matrix as well as adding additional issues to the matrix that had been raised repeatedly on the New Alternative document. Based upon our review of our budget files, we estimate this work effort was ± $1,600.00. 6. Per the City and applicant's direction, EDAW also participated in preparation for and attendance at the Planning Commission Study Session, held. on August 27, 2002. The purpose of the meeting was to inform the public and interested parties about the Response to Comments/Final EIR document, which was distributed to the appropriate parties and agencies on August 1, 2002. EDAW assisted staff in reviewing and providing input on the meeting handouts. Following the study session, EDAW and our technical subconsultants have assisted the City staff with responding to issues that were raised by the commissioners and public. Based upon our review of our budget files, we estimate this work effort was ± $1,500.00. 7. Additionally, the August 27th Planning Commission Study Session triggered some revisions to the Response to Comments/Final EIR document (Fire Section revised per the memo prepared by the Department on 9/4/02). Based upon our review of our budget files, we estimate this work effort was ±$900.00. 8. Per the City and applicant's request, EDAW and Mr. Frank Hovore, project biologist, participated in preparation for and attendance at the Planning Commission Hearing held on September 10, 2002. EDAW assisted staff in reviewing the 9/10/02 staff report and providing our input/comments. EDAW and our technical subconsultants (i.e., Giroux and Associates and Brian Dillon) have also assisted the City in coordinating, and responding to the verbal and written issues/comments that were raised by the Commissioners and the public (i.e., CEQA requirements for water quality, odor issue, Home Depot trips, traffic signal and airport noise, quantification of haul route noise, and cultural resources). We have also reviewed and provided input on the 9/24/02 staff report and attended the 9/24/02 Planning Commission Hearing. Based upon our review of our budget files including our actual time for attending the 9/24/02 Planning Commission Hearing, this work effort has totaled ± $4,500.00. The City Council Hearing on October 21, 2002 required additional work efforts by EDAW and our subconsultants. These efforts included review and input on the Council staff report and edited CEQA Findings by EDAW; verification field visits to the site by FH&A and Lisa Kegarice; digital imaging of current 2002 plant species . on site by FH&A; review of new public comments (i.e., Julie Bixby letters, CCC 10/18/02 letter and 100-page slide show) and past submittals relative to the hearing; review of all project documents relative to the hearing; verbal and written consultations with other consultants, City staff, and Shea Homes. We are requesting an additional $10,000.00 be allowed for the preparation for and attendance at the City DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE Ms. Mary Beth Broeren September 18, 2002 Revised 24 October 2002 Page 4 Council Hearing on October 21, 2002 by Frank Hovore of FHA, Lisa Kegarice of TDA, and Jayna Morgan of EDAW and the required written input/responses. BUDGET ESTIMATE EDAW is requesting an Add Service and/or Contract Amendment budget total of $35,500.00 to cover all work efforts described above through October 31, 2002. We are also requesting an additional $14,500.00 contingency to be utilized only with prior staff approval for tasks which may be requested after October 31, 2002. The budgets are for EDAW staff and their subconsultants to complete the tasks outlined above for Parkside Estates Project. We will continue to bill the City monthly for time and material costs that EDAW and its subconsultants incur associated with the above described tasks. Please give me or Alia Hokuki a call, if you have any questions regarding this request. Best regards, Jayna Morgan Please sign below indicating that the Add Service Request is approved by the Task Administrator. AGREED: CLIENT NAME By: _ Title: Date: cc: Scott Hess, City of Huntington Beach Ron Metzler, Shea DESIGN. PLANNING AND ENVIRONMENTS WORLDWIDE • Professional Practice Insurance Brokers, Inc. A Hilb, Rogal and Hamilton Co. 10 California Street Redwood City, CA 94063 USA City of Huntington Beach Planning Department 2000 Main Street Huntington Beach, CA 92648 .CED SEP 12 2002 This document was brought to you by CertificatesNow. If you have questions regarding the content of this document, please contact the Producer/Agent listed on the certificate of insurance or the Insured listed on the notice of cancellation/reinstatement. To find out how you can send and receive all of your certificates of insurance either by email, high speed fax or standard mail, call ConfirmNet toll -free at 877.669.8600, email customercare®confirmnet.com, or visit our websits at www.confir=et.com power" by rmNet qRorn't fcprann tsaosrry The data included in this notice and in the attached document is confidential to ConfirmIlet and the party responsible for bringing you this information. RF,CEIVF,D 10 SEP 12 2002 ACORDTM OF LIABILITY INSURANCE CERTIFICATE 8/30 0201YY) 08/30/02 PRODUCER 0641361 1-650-369-5900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Professional Practice Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Hilb, Rogal and Hamilton Co. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10 California Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Redwood City, CA 94063 Lou Moreno INSURED EDAW, Inc. INSURERA:Amsrican Motorists Insurance Company INSURERB:American Manufacturers Mutual Insurance Company i INSURER C:American Protection Insurance Company 2737 Campus Drive INSURER D:continental Casualty Company Irvine, CA 92612 I INSURER E: I envcoer_ce 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Tr m,MB 07/01/02 POLICY EXPIRATION 07/01/03 LIMITS GENERALUABIUTY TKP77453302 I EACH OCCURRENCE S1,On, 000 FIRE DAMAGE An one fire) $ 500, 000 X COMMERCIALGENERAL LIABILITY I CLAIMS MADE i1 OCCUR I MED EXP (Any one arson $ 10, 000 PERSONAL BADV INJURY S 1,000,000 _ PGENERALAGGREGATE S 2, 000, 000 GEN'LAGGREGATELIMITAPPUESPER: PRODUCTS-COMP/OPAGG s2,000,000 PRO- F ILOC X POLICY JFCT A AUTOMO BILE LIABILITY 3MG77453302 07/01/02 07/01/03 COMBINED SINGLE LIMB S1,000,000 X ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ X HIREDAUTOS X NON -OWNED AUTOS AP TO PORM (Per accident) MIS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY DE ITYATTORNEY AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC S ANYAUTO A n MaGRATH $ AUTO ONLY: AGG EXCESS LIABILITY I EACH OCCURRENCE S OCCUR CLAIMS MADE I AGGREGATE S $ i S DEDUCTIBLE I Is I I RETENTION $ C WORKERS COMPENSATION AND 3BROD573200 09/01/02 09/01/03 TATU- X WCSi OTH- EMPLOYERS' UASILITY I I E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE- EA EMPLOYEE4 $ 1, 000,000 E.L. DISEASE-POUCYUMIT S 1, 000, 000 D OTHER Professional Liability AEA008234067 I 03/24/01 03/24/03 IPQr Claim 1,000,000 I Ann. Aggregate 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS All operations of the named insured. See additional insured endorsement attached. Professional Liability is written at aggregate limits of liability not less than the amount shown. City of Huntington Beach Planning Department 2000 Main Street Huntington Beach, CA 92648 : LU VAZ7l WU'XI" SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, O SHALL R AUTHORIZED REPRESENTATIVE wyemy to rUoa O ACORD CORPORATION 1988 • CE yr E , SEP 12 2002 American Manufacturers Mutual Insurance Company BLANKET ADDITIONAL INSURED ENDORSMENT ARCHITECTS AND ENGINEERS PROGRAM This blanket endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY POLICY for: Named Insured: EDAW, Inc. Policy Period: 07/01/02 to 07/01/03 Policy No, TKP77453302 TYPE OF OPERATION All operations of the Named Insured, including a specific project /job listed on the attached Certificate of Insurance. WHO IS AN INSURED (Section II) is amended to include as an insured The Additional Insureds; Owners, Lessees or Contractors listed below, but only with respect to liability arising out of "your work" performed for that insured by or for you. ADDITIONAL INSURED — OWNERS, LESSEES, LOSS PAYABLE OR CONTRACTORS FORM B Any person or organization to whom or to which you are obligated by virtue of a written contract, agreement or permit to provide such insurance as afforded by this policy. PRIMARY COVERAGE — With respect to claims arising out of the operations of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the Additional Insureds. CROSS LIABILITY CLAUSE — The naming of more than one person, firm or corporation as insureds under this policy shall not, for that reason alone, extinguish any rights of the insured against another, but this endorsement, and the naming of multiple insureds, shall not increase the total liability of the Company under this policy. NOTICE OF CANCELLATION 1. 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. 2. 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. WAIVER OF SUBROGATION —Applicable to Commercial General Liability Coverage: If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. Authorized Representative [ NOTE: MEETS OR EXCEEDS CG 20 10 1185] ISSUED: 08/30/02 KEMPER COMMERCIAL PKG A/I CG2010 (BLANKET ONLY)