Loading...
HomeMy WebLinkAboutEIP ASSOCIATES - 2002-01-08Su ityContracts Checklist for Submittal to City Clerk's Office Hunt ` ' Jkxb, / (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x5404 1. Name of Contractor: 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park YZ V! J VrQ u� P CIO t 4-1+0i CA LA�,.�r 7-ER2/ V,�r�i2 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. 4. Amount of Contract: t 3t1 zd oo A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? YES ❑ NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested - pursuant to HBMC 3.03.100? ❑ YESX NIA OR Is the attached contract a SOLE SOURCE? ❑ YES`;JA NIA C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? 'AYES PLEASEINCLUDE: Name/Extension l l 6✓�'� P'� r r Department --fl2�IJZ Date CITY CLERK'S OFFICE USE ONLY: g1forms/city clerk contract checklist.doc • • CITY OF HUNTINGTON BEACH Inter Office Communication Planning Department TO: Connie Brockway, City Clerk FROM: Mary Beth Broeren, Principal Planner DATE: April 25, 2002 SUBJECT: CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EIP ASSOCIATES REGARDING PREPARATION OF AN ADDENDUM NO. 2 PERTAINING TO THE WATERFRONT RESIDENTIAL PROJECT Pursuant to the City's professional service contract process, attached please find the original contract, all attachments and a copy of the insurance to be filed with the City Clerk regarding the subject item. Please note that the original contract related to this project was approved on April 6, 1998 via RCA CD97-64. Should you have any questions, please call me at ext. 5550. Thank you. Attachment GAAnalyst\Open Projects\H2OFRONnCCIerkmemo402.doc 2007 Certificate of insurance 1 of 1 #S46099/M39189 THIS CERTIFICATE IS ISSUED AS A MATTER OF Agency Name and Address: Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc.. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 10 California Street NOT AMEND, EXTEND OR ALTER THE COVERAGE Redwood City, CA 94063-1513 AFFORDED THE POLICIES LISTED BELOW. Insureds Name and Address: Companies Affordina Policies: EIP Associates A.American Motorists Insurance Co. B. American Motorists Insurance Co. 601 Montgomery St., Suite 500 C.Continental Casualty Company San Francisco, CA 94111 D. E. F. ^OVERAGES- TH1A IS Tn CERTIFY THAT Pn1 ICIER nF INRI IRANCF 1 IRTFn RFI_nW HAVE RFFN ISSI IFn Tn THE INSIIRFO NAMFn AROVF FOR THE POI ICY PFRI00INDICATFn NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY YtH I AIN. I Ht IN5UHANOt A1-FUHUEU t)Y I Ht 1'ULIUItS UtSUHIt3tU HtHEIN IS 5UHJtC.1 I U ALL 1 Ht I tHMS, tAULUJIUN5, ANU UUNUI I IUM UI- SUUH YULIUIt3. TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE POLICY LIMITS A GENERAL LIABILITY 7MG80677300 09/01/01 09/01/02 X❑ Commercial General Liability ❑ Claims Made ® Occurrence ❑ Owner's and Contractors. Protective A AUTO LIABILITY n Any Automobile E7HO5375800 09/01/01 09/01/02 ❑ All Owned Autos ❑ Scheduled Autos 0 Hired Autos ❑X Non -owned Autos ❑ Garage Liability A EXCESS LIABILITY 3SX1265120 09/01/01 09/01/02 ❑X Umbrella Form ❑ Other than Umbrella Form B WORKERS' 7CW14381615 09/01/01 09/01/02 COMPENSATION AND EMPLOYER'S LIABILITY C PROFESSIONAL AEE004312779 07/25/00 07/25/02 LIABILITY* General Aggregate: $2,000,000 Products-Com/Ops Aggregate: $2,000,000 Personal and Adv. Injury: $1,000,000- Each Occurrence: $1,000,000 Fire Dmg. (any one fire): $ 500,000 Combined Single Limit: $1,000,000 Bodily Injury/person: $0 Bodily Injury/accident: $0 Property Damage: $0 Each Occurrence: $2,000,000 Aggregate: $2,000,000 Statutory Limits Each Accident: $1,000,000 Disease/policy Limit: $11000,000 Disease/Employee: $1,000,000 Per Claim $1,000,000 Aggregate $1,000,000 $0 Description of Operations/LocationsNehicles/Restrictions/Special items: ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY ONLY: CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE NAMED INSUREDS' OPERATIONS IN WATERFRONT ADDENDUM tit. SEE ADDITIONAL INSURED ENDORSEMENT ATTACHED. *Writtan at nnnrannta limite of linhility not lace than amni int ehntAin Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. City of Huntington Beach CANCELLATION: Attn: Duane Bankey, Planning Dept. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 2000 Main Street DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN P.O. BOX 190 THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Huntington Beach, CA 92648 NOTICE WILL BE GIVEN. Authorized Representative t— 02/06/02 L'`� cc: �.J • V AMERICAN MOTORISTS INSURANCE COMPANY BLANKET ADDITIONAL]NSURED ENDORSMENT ARCHITECTS AND ENGINEERS PROGRAM This blanket endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY POLICY for: Named Insured EIP Assoclates Policy Period M/01/0149/01102 Policy No. 71V!1380677300 TYPE OF OPERATION All operations of the Named Insured, including a specific project / job listed on the attached Certificate of Insurance. NOTICE:OF: CANCELLATION 1 If:we cancel this pollcyfor any reason other than- non payment of premium We Will: mail written notice. Ieasf 30 day s�before the effective date&of cancellation to theAddltlonal Insureds on file with the Company: 2 Ifwe 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 wlth:the Company. ;. Autti rized Re resentative [ NOTE: MEETS OR EXCEEDS CG 20 10 11 851 ISSUED: February 6. 2002 RECEIVED PROFESSIONAL SERVICES CONTRACT BETWEEN APR 0 8 2002 THE CITY OF HUNTINGTON BEACH AND FOP A -%So al4 Tr& S FOR %ff/L ?rz �f'A rz/�TtoN y r APDf,-D u.m+ ,Jv. a Tu sv 09� =m �•, ThL 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...........:.................................................................................................8 19 Section Headings....................................................................................................8 20 Interpretation of this Agreement...................................:................................ 8 21 Duplicate Original.............................................................................................I......9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited.................................................................9 24 Attorney's Fees..........................................................................................................1.0 25 Survival ............................................... .......10 ..........................................................:.... 26 Governing Law.........................................................................................................10 27 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 'N� %�jz�PAiZ�Ti.�N O` ADD��7�u-^+'�y• a- o Sv-�GfMe.�•T(. ympw�T�Z4 r- �z-v THIS AGREEMENT ("Agreement") is made and entered into this $ YL day of �A r w� n 20��, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Z ! P 45sa6l4z� S , a G�Gorz��� C��z®o�zA%io.J hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to ,u v(2J,✓MLri r*r— srri A tT —Izra.R,a.r, Fs 7-- Z ; and a Pursuant to documentation on file in the office of the City Clerk, the provisions of )4'* " the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of j4 j3 r 01 rt Y1 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 % z,2 5 . t/ i rL 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 T �� 3�, a �3 unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 16'14h'T 6a rofoNTvs , from the Commencement Date of this Agreement. These times maybe 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 1;�;2t,E TN,1wsa,"7-1 _D Dollars ($ 3, 61Aa, �v )• 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/profsery 10/ 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," 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 node, 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. CITY agree/forms/profsery 10/ 15/01 3 shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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) 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 agree/forms/profserv10/15/01 4 • • provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. 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 indemnification and defense 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. agree/forms/profsery 10/15/01 5 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 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. agree/forms/profsery 10/ 15101 6 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. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in -the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent ' (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: ri R-yGToTL or ?, A,- -1 2000 Main Street Huntington Beach, CA 92648 agree/forms/profserv10/15/01 7 TO CONSULTANT: jFF7z7�r S. iJ TA2F_2E61a,✓AL Uiec%REsrb--W'f F_ i �4sso� rA��S Ca gvv�s 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 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. agree/forms/profserv10/15/01 8 Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 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. agree/forms/profserv10/15101 9 24. ATTORNEY' S FEES Except as expressly set forth in Section 8 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the 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 agree/forms/profsery 10/15/01 10 understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, r-, I-P r 4 �/'� �L(� �� a municipal corporation of the State of California erector of L ,n/N6 By: (Pursuant To HBMC $3.03.100) print name ITS: (circle one) Chairman/Presiden ice President AND By: p e ITS: (circle one) Secret Chief Financial Offic /Asst. Secretary — Treasurer agree/form s/pro£sery 10/ 15/01' II APPROVED AS TO FORM: City Attorney vo,��y3�oi' REVIEWED AND APPROVED: City Administrator (only for contracts over $50, 000.00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. On before me, Debra Lee Lane, Notary Public ,, Date Name and Tt le of Officer (e.g., `Jane Doe, Notary Public') personally' appeared Ems✓ JI ��CL✓ , DEBRA LEE LANE Commission # 1333260 Z i Notary Public - Califomia Z Los Angeles County My Comm. Expires Jan 1, 2006 Place Notary Seal Above ❑ personally known to me ,D� proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, execute the instrument. WITNESS Shand Zanofficial al. Signdrure of Notary Pftric 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: Document Date: Signer(s) Other Than Named Above: __Capacity(ies).Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.notionalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-9W-876-6927 CALIFORNIA ALL-PURPOS•CKNOWLEDGMENT • No. 5907 State of Ccz 1 ii 7�Dr r1 / c1i County of Sac rcZtrn en On M cr`rch t25 iboa before me, Nag emczn , A JolsaLtj K. , DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NoTARI PUBLIC" personally appeared uame5 J. Derr NAME(S) OF SIGNER(S) ❑ personally known to me - OR-t<proved to me on the basis of satisfactory evidence JEivN1FE R';L Hr1G�'�MN+ M-:t Corny ii 1 fi 11816* i s - ;Notdry:Pu6lic --C elifornia f: t Sdn Cus ObiCounty ;( ! _ My Comm fir, rc5 Ail.17 ?W2 } O to be the personj,<whose namepr)oare subscribed to the within instrument. and ac- knowledged to me tha he he/they executed the same in his/1heI­,'*1h_-42. —authorized capacity(4e5-,- and that by hisf#� signature*5Lon the instrument the person( - or the entity upon behalf of which the person(4-acted, executed the instrument. WITN my hand and official seal. SIGNATURE OF NOT NAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER CFO TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Prolre ss l ofal Serw ca_s TITLE OR TYPE OF DOCUMENT CLtkl t,6 Hvntzr)n *Dn Bead NUMBER OF PAGES `Jan gnpa DATE OF DOCUMENT err S. V iICLV SIGNOR(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 EXHIBIT A NOsl-05-�1 14:01 FROM:ROBERorYER CORP ID:94972017 FAGS 2/4 - WATERFRONT DEVELOM24'11u PROdeCT Propw^.s©l Iro ?repare cry Addendum 42 sa Suppuerdnan ci EnvironmenE l ium.,�awacii' Rspc 212 MCKGROUND As discussed in a telephone conference between Larry Srose (The Robert Moyer Corporation) and Terri Vitor (EIt Associates), the proposal for the Waterfront Development Project has been altered due to requirements imposed by the City of Huntington Beach and the California Coastal Commission with, respect to a 0.6-acre wetland located on the eastern edge of the project site. Under the original proposal the on -site wetland would be filled in order to accommodate the proposed residential uses and appropriate mitigation would be provided off -site. However, as currently proposed, the on -site wetland will be retained in place and no direct or indirect impacts would occur. Environmental clearance for the Waterfront Development Project was initially provided in the Downtown Specific Plan Final Environmental Impact Report (EIR 82-2; certified in 1983). Subsequently, in July of 1998, revisions to the Waterfront Development Project were addressed in Addendum #1. to EIR 82-2. Environmental clearance for the recent revision to the proposed project ---as described above --would be addressed in Addendum #2 to EIR 82-2, which is the subject of this proposal. As described in Public Resources Code §21166 and CEQA Guidelines §§ 15162 and 15163, preparation of an Addendum is appropriate where a previously certified Environmental impact Report (EiR) requires revision, but none of the conditions requiring the preparation of a Subsequent or Supplemental EIR have occurred. These conditions include any of the following: Substantial changes are proposed in the project, which will require major revisions of the prevlous .EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects • Substantial changes occurwith respect to the circumstances under which the project is undertaken which will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial Increase in the severity of previously identified significant effects n New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of the previous EIR was certified as completed, shows any of the following: Y The project would have one or more significant effects not previously discussed in a previous EIR y Significant effects previously examined will be substantially more severe than shown in the previous EIR Revised on NOvember 1. 2001 Page 1 M:\ftP=u\W0fC"n1 Addendum V2\Pro*=1- worerfront Accendum aZ•doc Nov,OS-01 14,02 FROM,ROBER*XER CORP ID:9497201f PAGE b Mitigation measures or alternatives previously found not to be feasible would in fact be feasibly and would substantially reduce one or more sionifiCant effects of the projeCt. but the project proponents decline to oCio t the rnitigCtion measure or alternative > Mitigation measures or alternatives which are considerobiy different from 1hcse analyzed in the previous EIR would substantially reduce one or more signi5ccrit effects on, the environment, but the project proponents decline to adopt the mifigotion measures or alternative None of the conditions or circumstances that would require preparation of c Subsequent or Supplemental EIR, pursuant to Public Resources Code §21 166 and CEQA Guidelines §§ 15162 and 15163, are anticipated to exist in connection with the proposed project, as revised; therefore, there are no substantial changes to the proposed project, substantial changes in existing circumstances, or new information of substantlal importance that would result in new significant effects or a substantial increase in the severity of previously identified significant effects (as compared the analysis provided in EIR 82-2). No additional environmental analysis or review is anticipated to be required to address the retention of the on -site wetland, other than as provided in the proposed Addendum. SCOPE OF KQRK EIP will perform two primary tasks, as further described below Task 1: It Is assumed that none of the conditions identified in §§ 15162 and 15163 of the CEQA Guidelines would be met, and an Addendum to EIR 82-2 is the appropriate. vehicle to achieve environmental cleorande pursuant to the California Environmental Quality Act. Therefore, ElP will prepare on Addendum using a format similar to Addendum # 1 for EIR 82-2. Specific work tasks vvould also involve the following: ® Prepare and submit two review drafts of the Addendum, including 5 copies of a preliminary Draft Addendum and 8 copies of an Administrative Draft Addendum. EIP will Incorporate all revisions requested by The Robert Mayer Corporation and the City of Huntington Beach on the preliminary and administrative Addenda. • Prepare and distribute a final Addendum by April 30, 2001. Task 2: EIP will coordinate with the City of Huntington Beach and The Robert Mayer Corporation throughout the preparation of the Addendum. In addition, EIP will be avoiloble to attend one in -person meeting. if the Planning Commission and/or City Council must take discretionary action on the proposed revision to the project, it is assumed that the City would prepare the Findings of Fact for consideration by the decision -making bodies prior to approval of the revised project. Revised on November 1.2001 Page 2 M:\Pr000sob\warentont AddWCIVM s2\p,:0pdso1- wo+eRrW1 Addendum 02,doe 3/4. EXHIBIT B NOV-05-01 14,02 FROM,ROBEAYER CORP ID:S49720.7 PAGE G/c SCHEDULE 6ech of the requested tasss will, therefore, be compieted b,,r ti^e tollowina da4193, assuming receipt of o notice to proceed (INITP) by [Cdote T801, v Task Comoleron Date Submit Preliminary Addendum 2 weeks from NTP Receive Comments on Preliminary Addendum 3 weeks from NTP Submit Administrative Addendum 4 weeks from NTP Receive Comments on Administrative Addendum e'/z weeks from N T Submit Final Addendum 5 weeks from NTi- COST The proposed fee for completion of the tasks outlined in the scope of work (in accordance with the ¢imeline presented in the schedule) is provided below. Task Preliminary Environmental Assessment Administrative Addendum Final Addendum Project Coordination (8 hours, including one in -person meeting) Direct Costs (including document reproduction) GRAND TOTAL Revised on November 1, 2001 M:\Pm =is\Wofemonc Addenovm r2\Pr0PC4*I • WolafrOnl Atldendvnl #2,dx Cost $1,160 $890 $620 $1,150 $100 $3,920 Page 3