Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Karen Warner Associates - 2007-01-11
rIJL- -� i CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Karen Warner Associates Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Planning Services for the Housing Element Update for the General Plan Amount of Contract: $68,767.00 Copy of contract distributed to: The original insurance certificate/waiver distributed ❑ Initiating Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: Na a/Ext nsion City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KAREN WARNER ASSOCIATES FOR PLANNING SERVICES REGARDING THE PREPARATION OF THE HOUSING ELEMENT UPDATE FOR THE GENERAL PLAN OF THE CITY OF HUNTINGTON BEACH Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificateof Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 CityEmployees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 06-729/6671 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KAREN WARNER ASSOCIATES FOR PLANNING SERVICES REGARDING THE PREPARATION OF THE HOUSING ELEMENT UPDATE FOR THE GENERAL PLAN OF THE CITY OF HUNTINGTON BEACH THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Karen Warner Associates, a sole proprietorship, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide planning services for the Housing Element Update for the General Plan of the City of Huntington Beach; 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 Karen Warner, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 06-729/6671 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 on /,) A-n 1 t , 20P (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. 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 Sixty-eight Thousand, Seven Hundred Sixty-seven Dollars ($68,767.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 06-729/6671 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from damages, losses, expenses, judgments and reasonable defense costs, but only to the extent caused by CONSULTANT'S (or CONSULTANT'S subcontractors, if any) negligent acts in the performance of professional services under this agreement. 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 06-729/6671 3 Million Dollars ($1,000,000.00) per occurrence and in the aggregate. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the 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. 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. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. 06-729/6671 4 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 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 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. 06-729/6671 5 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. 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: 06-729/6671 6 TO CITY: City of Huntington Beach ATTN: Director of Planning 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Karen Warner Associates 882 N. Holliston Avenue Pasadena, CA 91104 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 06-729/6671 7 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 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 06-729/6671 8 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, 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 nonprevailing 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, 06-729/6671 9 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 supersede all prior 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 officers on Qar',, / , 20do. CONSULTANT, CITY OF HUNTINGTON BEACH, KAREN WARNER ASSOCIATES, a municipal oration of the State of California a sole proprietorship By: Xm�m YJ1AA1IJV'- Director of PLfkltitNAlY(' KAREN WARNER / / '�- / p ' (Pursuant To HBMC §3.03.100) state of C-alitomia County of APPROVED AS TO FORM: Subscribed an sworn to (or affirmed) Before me on this( day of" 20" by I I City Attorney �� z -G�Y�.vl (.4ifrvt•2� - personally known to me or proved to me on the basis of satisfactory evidence to be the person who ap eared before me: REVIEWED AND APPROVED: Signature (Seal) V City Administrator (only for contracts $50, 000.00 and over) -, VIRGINIA MARIE CAMARILLO . Commission # 1528568 1 z ,® `� Notary Public - California Los Angeles County My Comm. Expires Nov 20, 2008 r 06-729/6671 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) In general, the consultant shall provide the services necessary to guide the City of Huntington Beach through the new RHNA process and complete an updated Housing Element, including any required environmental documentation. Work includes, but is not limited to: document review, RHNA pilot program process, update background data, update technical analysis, update policies and programs, community outreach, housing element documentation, environmental documentation, and meeting attendance. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. See Attached Scope of Work 2. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Provide data as noted in the scope of work 2. Provide overall guidance and supervision of the project and direct consultant accordingly. D. WORK PROGRAM/PROJECT SCHEDULE: See attached project schedule. Project kick-off rescheduled for January 2007; other dates follow as noted in the attached schedule. jmp/contracts group/exA/1/9/07 SCOPE OF WORK The following outlines KWA's proposed scope of work for the following major components of the Housing Element update: 1. Community Outreach Program 2. RHNA Pilot Program Process 3. Content of Housing Element 4. CEQA Compliance 5. Project Deliverables Prior to initiating work on the Housing Element, KWA will review the City's existing housing plans and documents (2000 Housing Element, Consolidated Plan, Redevelopment Housing Implementation Plan, Inclusionary Housing Ordinance and In -Lieu Fee Study, etc) to develop a focused list of data needs. KWA will then meet with City staff to collect available data, and pursue outside data as necessary. KWA will be responsible for all data compilation and will rely on staff only for provision of available documents and input on progress under the adopted Housing Element. We will, however, expect to coordinate with staff during key aspects of the Housing Element program, such as during review of the RHNA, preparation of the sites inventory, development of Housing Element strategies, preparation for the Ad Hoc Committee meetings and public study sessions, and in review of draft documents. 1. COMMUNITY OUTREACH PROGRAM As the City mentions in the RFP, the level of community outreach appropriate to the Housing Element will likely be a function of the extent of land use policy changes necessitated by the RHNA. Given the technical nature of the Housing Element and often limited interest among the general public, we concur with the City's approach to conduct public meetings before existing advisory and decision making bodies (Ad Hoc Housing Committee, Planning Commission, City Council), rather than undertaking a series of community -wide workshops. In addition, we understand the City will be conducting community meetings during this same period on the Circulation Element and potentially the Beach Boulevard Revitalization Strategy which will certainly also provide public comment relevant to the Housing Element, in addition to public input already gained through the Strategic Plan process. While we have included the following nine public meetings identified in the RFP in our scope of services, if the RHNA process proves non -controversial, it may not be necessary to involve the Ad Hoc Committee in the Housing Element update, and/or fewer study sessions/public hearings may be appropriate. 2 Ad Hoc Committee meetings 2 Planning Commission study sessions 1 City Council study session 2 Planning Commission public hearings 2 City Council public hearings City of Huntington Beach Housing Element Proposal Page 2 In addition, many of our clients have found conducting joint study sessions with the Planning Commission and City Council an efficient and cost effective approach. The project budget identifies a cost per meeting, allowing the number of meetings and costs to be adjusted as necessary. Approach to Public Meetings Regardless of the numberof public meetings, the approach to facilitating community participation remains the same. The Ad Hoc Committee is likely already well informed regarding community housing issues based on their recent work on the City's inclusionary housing ordinance and in -lieu fee. Therefore, the focus of this group will be to assist staff and the consultant in evaluating potential policy conflicts related to the RHNA Pilot program and/or other current housing issues in the community. We will facilitate group discussion on potential new housing initiatives, working towards building group consensus on housing strategies to be incorporated into the draft Housing Element. Public study sessions before the Planning Commission and City Council provide the City's decision -makers an opportunity to provide policy -direction early in the process prior to finalization of the draft Housing Element. While we have budgeted for three separate study sessions as requested in the RFP, we would like to discuss with the City the merits of conducting joint study sessions before the Planning Commission/ City Council (PC/CC). The following suggests a format with two joint study sessions. At the first PC/CC study session, we would provide a brief overview of the Housing Element context and community needs, followed by an in-depth discussion of the results of the RHNA Pilot Program and sites analysis. This will allow decision - makers to weigh in on the issues and to direct the consultant and City staff to address any additional issues as part of the Housing Element process. At the second study session, we suggest focusing on presentation of an initial draft Housing Element prior to submittal to HCD. This study session would present the City's decision -makers with a summary of the Element's housing needs, policies and programs, prepared both as a handout and as a PowerPoint presentation. Study sessions are noticed to the public, and public workshop participants are directly notified to provide additional opportunity for input prior to public hearings. Karen Warner will be supported by Mark Persico in facilitation of the Ad Hoc meetings and Planning Commission/City Council study sessions. Each has extensive experience in conducting public meetings, engendering open communication, and building consensus among divergent stakeholders. A variety of graphic and communication techniques are envisioned, including PowerPoint, illustrative GIS maps, and flip charts. To the extent HCD's review letter on the City's draft Housing Element identifies policy changes necessary to achieve statutory compliance, KWA will draft a memo identifying options and recommendations. As part of the public hearings before City of Huntington Beach Housing Element Proposal Page 3 Planning Commission and City Council on the Element, KWA will assist staff in presentation of the Element, and as necessary, discuss any outstanding policy issues and work with the City's decision -makers towards resolution. Should the City have certain policies they are unwilling to change to achieve HCD approval, KWA will assist the City in preparing written findings to be included in the resolution of adoption. 2. RHNA PILOT PROGRAM PROCESS As the City is aware, SCAG is proposing a new "Pilot Program" for preparation of the RHNA for the 2008-2013 Housing Element cycle. While SCAG's Regional Council and Community, Economic and Human Development (CEHD) Committee have now approved the Pilot Program, there has been extensive concern over the Program and ambiguities in program implementation. Assuming the necessary State legislative changes are approved and the Pilot Program moves forward, the City will be actively involved with SCAG and OCCOG in evaluating and responding to the draft RHNA figures. Based on discussions with staff, we understand the City has assigned a staff liaison to closely follow the RHNA process and attend the necessary meetings. Therefore, our scope assumes KWA will not be attending meetings on the City's behalf, but rather will focus on assisting the City in reviewing its draft RHNA and in assessing the viability of accommodating SCAG's growth projections. However, as an option and to the extent appropriate, KWA can assist the City in drafting a formal appeal of its draft RHNA to SCAG. 3. CONTENT OF HOUSING ELEMENT One of the objectives in updating Huntington Beach's Housing Element is to evaluate current housing needs and market conditions, constraints and resources, and to assess the effectiveness of the City's current housing programs in addressing these housing issues. The Community Outreach Program will provide input on new housing initiatives to be developed within the Element to respond to these housing issues and opportunities. We understand the general format of the City's Housing Element will remain intact to provide consistency with the General Plan, and we therefore propose using an electronic version of the existing Element as the basis for the update. Recognizing the precise structure of the Huntington Beach Housing Element will differ, the following section describes the Element's major components, and how these components build upon one another to establish a comprehensive housing strategy for the City. a. Introduction The introductory chapter to the Element sets the stage by describing the purpose of the Housing Element in lay terms and establishes the community's housing context. The Introduction also includes a summary of key housing City of Huntington Beach Housing Element Proposal Page 4 C issues; establishes the Housing Element's relationship with the balance of the General Plan; and describes the public participation process. b. Progress Report In order to develop appropriate programs to address the community's housing needs, KWA will work with City staff to determine the achievements under adopted housing programs in the 2000 Huntington Beach Housing Element, and evaluate the effectiveness of these programs in delivering housing services. This evaluation will include a description of the City's track record in producing new affordable housing during the prior 2000-2006 planning period, and a comparison of both market rate and assisted housing production with the City's identified regional housing growth needs. We understand City staff have been tracking residential building permits and assigning to the corresponding RHNA income level, providing an excellent starting point for the analysis. c. Housing Needs Assessment This section of the Housing Element provides a comprehensive analysis of the City's existing and projected housing needs, and serves as a guide for focusing Housing Element policies and programs in response to these needs. The Needs Assessment encompasses an analysis of the following: ✓ Population and household characteristics ✓ Housing stock characteristics ✓ Assisted housing at -risk of conversion to market rate ✓ Regional housing needs (RHNA) Population and Household Characteristics. Data sources including the 2000 Census, School District, SCAG, State Department of Finance, and available local studies will be compiled and evaluated to derive the following demographic and household information: ✓ Current population and population growth trends for City and comparable communities. ✓ Population characteristics including age distribution and race/ethnicity, and demographic shifts over past 2 decades. ✓ Household characteristics including household type and tenure, household size, overcrowding/severe overcrowding by tenure and geographic concentration, and housing overpayment/severe overpayment for owners and renters. ✓ Household income for City in comparison to the region and other comparable communities, income differences within the City, identification of persons living in poverty. ✓ Special needs populations - including seniors, large families, City of Huntington Beach Housing Element Proposal Page 5 disabled, single -parent households, homeless. Analysis of the income and tenure characteristics of these groups, and availability of specialized housing in Huntington Beach to meet their needs. Housing Stock Characteristics. Information on the City's housing stock and current market characteristics will be obtained from a variety of published sources, including the 2000 Census, newspaper and internet rent surveys, DataQuick, and California Association of Realtors. The Inclusionary Housing In - Lieu Fee Study likely also provides relevant housing market information. The following information will be provided: ✓ Housing growth trends for Huntington Beach and similar communities. ✓ Housing unit mix and tenure, and geographic concentrations of rentals, including single-family rentals. ✓ Vacancy rates. ✓ Home ownership market analysis including comparison with surrounding communities, and detailed analysis of Citywide sales over past year (price, type of unit, location, age, time on market). ✓ Rental housing market analysis including analysis of City rents by unit type. ✓ Affordability analysis of City's owner and rental housing to very low, low and moderate income households ✓ Housing conditions analysis to assess the magnitude of units requiring rehabilitation or replacement in Huntington Beach. We understand a Citywide survey of housing conditions will be conducted by the City's Code Enforcement Division, providing the foundation for the conditions analysis in the Housing Element. Assisted Housing "At -Risk" of Conversion to Market Rate. Housing Element statutes require documentation and analysis of assisted low income rental projects at -risk of conversion to market rate over the ensuing ten year period (2008-2018). Huntington Beach contains an extensive inventory of federal, state and locally subsidized affordable rental projects. Preliminary review of the current Housing Element would indicate the affordability controls on several of these projects may have recently expired, and/or be at near term risk of expiration. Based on discussions with staff, we understand the Economic Development Department maintains an up-to-date inventory of assisted housing in the community, including documentation of the earliest date of affordability expiration. Our budget therefore assumes staff will be responsible for providing KWA with the inventory of assisted rental housing by address, including the following information: total units, assisted units by income category, funding source, and earliest potential conversion date. City of Huntington Beach Housing Element Proposal Page 6 For those projects deemed at -risk of conversion within the ten year time frame, the following analysis will be conducted: a) assessment of level of risk; b) estimate of the costs of preserving units through transfer to non-profit ownership, provision of rental assistance, and purchase of affordability covenants; and c) estimate of the costs of replacing units. As part of the Housing Resources chapter of the Element, KWA will compile a comprehensive list of financial and administrative resources available to the City for preservation and/or replacement. Within the Housing Program section of the Element, programs for preserving the at -risk units will be identified, along with specific quantified objectives for the City's preservation goals. Regional housing needs. As part of Task 2 discussed earlier, KWA will assist the City in reviewing its draft RHNA and in assessing the viability of accommodating SCAG's growth projections. The results of the RHNA process will be integrated within this section of the Element, including discussion of any appeals or trade and transfers undertaken by the City. d. Site Availability This section of the Element provides an inventory of vacant and underutilized parcels within the City available for residential and mixed -use development during the 2008-2013 planning period. Based on discussions with staff, we understand staff can provide the consultant with a current inventory of vacant residential parcels, including acreage and unit potential by land use category. Similar to the current Housing Element, vacant sites will be segregated into the following three categories: ✓ Vacant parcels without entitlements ✓ Vacant parcels with entitlements ✓ Vacant parcels with projects pending approval City staff will also provide an update of potential residential and mixed use sites within the Downtown Specific Plan, as well as surplus school sites. To the extent the Beach Boulevard Revitalization Plan moves forward, staff will also provide the consultant with input on potential residential development within this district. KWA will coordinate with the City's GIS Division to prepare residential site maps for inclusion in the element, as well as for use in the public meetings. e. Potential Housing Constraints The constraints section of the Element encompasses both governmental and non -governmental constraints upon the maintenance, improvement or development of housing. Non -governmental constraints include: market mechanisms (land and construction costs, availability of financing); infrastructure, and environmental constraints. Potential governmental constraints are evaluated in detail, and include an analysis of the following: City of Huntington Beach Housing Element Proposal Page 7 General Plan land use designations; residential and mixed use development standards; zoning provisions for a variety of housing types; on- and off -site improvements; building codes and related code enforcement; fees and exactions; and processing and permit procedures. Various affordable housing incentives offered by the City, such as flexible development standards, density bonuses, fast track processing, reduced fees, etc. will also be evaluated. The City's inclusionary housing ordinance and proposed in -lieu fees will be evaluated to assess the ordinance's impact on both production of market rate and affordable housing. The 2001 Coastal Element and 2002 Growth Management Element will also be evaluated for their potential impact on regional housing needs. f. Housing Resources Huntington Beach has access to a variety of funding sources available for affordable housing activities. These include programs from local, County, State, federal, and private funding resources. This chapter of the Element will provide an inventory of these funding sources, and describe the general parameters for their use. As now required under Housing Element statutes, information on the amount of available Agency redevelopment set -aside funds, as well as income and age targeting requirements for these funds (pursuant to AB 637) will be included. g. Housing Plan The Housing Plan section of the Element sets forth the City's goals, policies and objectives with respect to housing, and establishes a comprehensive program strategy with specific program actions. Policies and programs will initially be based on the City's current practices, and augmented and refined in response to the community's identified housing needs, constraints and resources; and in response to public and decision -maker input. KWA will develop detailed programmatic descriptions for any new programs being proposed, including identification of interim steps necessary to initiate the program, potential funding sources, and timeframe for program implementation. The Housing Plan will include a program summary chart, which specifies the following for each program: program objective, funding source, responsible agency and implementation time frame. This chart can then be used to track program implementation, and can serve as the basis for the City's annual report to the State Department of Housing and Community Development (HCD). h. Draft Housing Element/HCD Review All the prior tasks will be integrated into a comprehensive draft Housing Element for staff review. KWA will meet with staff to review comments on the initial draft document, and will make revisions as necessary. Upon completion of a public study session before the City's decision -makers on the draft Element, a final City of Huntington Beach Housing Element Proposal Page 8 round of revisions will be completed. A public review draft Element will be prepared for submittal to the State to initiate their 60-day review period. During the State's review of the draft Element, KWA will schedule a conference call with the assigned HCD reviewer along with City staff to discuss any potential concerns the State may have with the Element. KWA will coordinate with staff to develop any necessary revisions to the Element, and submit these amendments to HCD within the initial 60 day review. Through this process, we are frequently able to obtain a letter of HCD compliance on the draft Housing Element. To the extent there continue to be outstanding policy issues raised by the State, KWA will prepare a memo identifying options and recommendations to achieve HCD compliance for presentation to the City's decision -makers at the public hearings. 4. CEQA COMPLIANCE The City has several options for environmental clearance on the Housing Element. A Negative Declaration is most often prepared for CEQA clearance, assuming the Housing Element does not propose significant changes in General Plan Land Use. However, should significant land use changes be proposed in Huntington Beach, such as through the Beach Boulevard Revitalization Strategy, a mitigated Negative Declaration or EIR would be necessary. Staff indicates that a Finding of Conformity with the prior 1995 General Plan EIR served as the CEQA clearance for the 2000 Housing Element, which may be getting a bit dated for the current Housing Element update 13 yeas later. Alternatively, depending on the timing of the update to City's Circulation Element, the environmental completed for the Circulation Element could potentially serve as the base document for a conformity finding. As the appropriate environmental clearance for the Housing Element is somewhat dependant upon the outcome of other planning processes (Beach Boulevard Revitalization Strategy, Circulation Element), we recommend determining the best approach once the draft Housing Element has been completed and these other processes have unfolded. For purposes of budgeting, we have included the cost for preparation of a Negative Declaration, with a new scope of services and cost estimate to be prepared if a determination is ultimately made to prepare a Finding of Conformity or an MND or EIR. The scope for preparation of the Negative Declaration is as follows. KWA will begin by reviewing baseline environmental documents to gain an understanding of local environmental issues. We will then prepare a draft Initial Study/Negative Declaration including a thorough explanation of findings for all impact categories. We will prepare the Notice of Availability and Notice of Determination, and will develop a distribution list with input by City staff. While the project budget assumes the City will maintain responsibility for posting, distribution, and publication requirements, KWA can provide these services as appropriate. City of Huntington Beach Housing Element Proposal Page 9 5. PROJECT DELIVERABLES The following products are included within our scope of services. All final products and PowerPoint presentations will be provided to the City on computer disk/CD. We understand the City's GIS Division will be available to assist in preparing a variety of GIS maps for the Element. Community Outreach Program ✓ Ad Hoc Committee Meeting Materials (15 copies) ✓ Planning Commission/City Council Study Session Materials (15 copies) Housing Element ✓ Memo to SCAG on Appeal of City's Draft RHNA (optionao ✓ Screencheck Draft Housing Element (10 copies) ✓ Final Screencheck Draft Housing Element (3 copies) ✓ Public Review Draft Housing Element (30 copies, plus one reproducible). Electronic copy in Word and PDF, indexed and searchable by chapter. ✓ Memo identifying changes to Draft Element in response to HCD (as necessary) ✓ City Council approved Housing Element, suitable for submittal to HCD (5 copies) ✓ Final Housing Element, as approved by HCD (30 bound copies). Electronic copy in Word and PDF, indexed and searchable by chapter. CEQA Documentation ✓ Screencheck Initial Study/Negative Declaration (10 copies) ✓ Final Screencheck Initial Study/Negative Declaration (3 copies) ✓ Public Review Draft Initial Study/Negative Declaration (30 copies, plus one reproducible). City of Huntington Beach Housing Element Proposal Page 10 C. PRELIMINARY LIST OF DATA REQUIREMENTS As requested in the City's RFP, we have complied an initial list of data requirements for the Housing Element update, with an approximate time frame for receipt of information. Upon contract initiation, this preliminary data list and time frame will be refined based on further discussions with staff. Requested data from City Pro n Time Firarribe 1. Compilation of existing housing documents, to include, but not Month 1 - 2 limited to the following: Housing Element (in electronic format), 5 Year Consolidated Plan, 2006/07 Annual Plan, 2005/06 CAPER, 5 Year Redevelopment Implementation Plan (and Mid Year update), 2006 Report to HCD on Redevelopment Agency Housing Activities, General Plan (including Growth Management Element), Local Coastal Plan, Inclusionary Housing Ordinance, In -Lieu Fee Stud 2. Update of development fees for typical residential projects Month 3 (Table HE-22), and formula fees. Update of City development processing times. 3. Inventory of assisted rental housing with up-to-date status of Month 4 affordability controls 4. Residential building permit data since 2000, including unit type Month 4 and estimated income level 5. Residential sites inventory, including spreadsheet of vacant Month 4 residential parcels, potential residential and mixed use sites within the Downtown Specific Plan, and surplus school sites. Potential residential development in Beach Boulevard Revitalization Plan (pending). 6. Citywide housing conditions survey conducted by Code Month 5 Enforcement Division 7. Program accomplishments under 2000 Housing Element Month 6 (compiled in conjunction with KWA 8. GIS maps prepared in support of the Element Month 7 City of Huntington Beach Housing Element Proposal Page 11 PROJECT SCHEDULE The following presents the proposed project schedule for the Huntington Beach Housing Element. The schedule identifies the time frame for the RHNA Pilot Program as currently defined by SCAG. To the extent SCAG's schedule shifts, the Housing Element project schedule will be adjusted accordingly. Upon finalization of the project scope and contract, a detailed project schedule will be prepared with specific dates and project deliverables. KWA has an excellent reputation for keeping projects on track, and offers the full commitment of staff throughout the project to ensure a successful program. 1. Project Kick-off October 2006 2. RHNA Pilot Program SCAG/OCCOG Compass Meeting September 2006 SCAG Draft RHNA January 2007 Trade and Transfer January — June 2007 KWA Review of Draft RHNA/Appeal January/Feb 2007 SCAG Adoption of Final RHNA July 2007 3. Community Outreach Ad Hoc Committee Meetings (2) Feb/March 2007 Planning Commission Study Session #1 March 2007 4. Screen Draft/Final Screen Draft Housing Element July 2007 Planning Commission Study Session #2 August 2007 City Council Study Session #1 September 2007 Public Review Draft Element October 2007 HCD 60 day review of Draft Element October — Nov 2007 5. CEQA Determine Scope October 2007 Negative. Declaration/ 21 day circulation Nov — Dec 2007 Response to Comments January 2008 Final CEQA January 2008 6. Planning Commission/City Council Public Hearings Jan — March 2008 Submittal of Adopted Element to HCD March 2008 City of Huntington Beach Housing Element Proposal 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: See Attached rate schedule 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 -fifteenth -hour (0.15) 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. 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 agree/forms/exB-hourly fee/1/9/07 EXHIBIT B 1 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) 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 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 agree/forms/exB-hourly fee/ 1/9/07 EXHIBIT B 2 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) 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/1/9/07 EXHIBIT B 3 Hourly Payment PROJECT BUDGET The budget on the following page is our best estimate of the time and costs required to complete the Scope of Services outlined in our proposal for the Huntington Beach 2008-2013 Housing Element Update. Costs are identified by individual staff members by indicating number of hours for each phase of the work program multiplied by hourly billing rates. The number of meetings proposed under the Community Outreach Program reflects the nine meetings identified in the City's RFP. However, as discussed earlier, if the RHNA process proves non -controversial, it may not be necessary to involve the Ad Hoc Committee in the Housing Element update, and/or fewer study sessions/public hearings may be appropriate. The project budget identifies a cost per meeting, allowing the number of meetings and costs to be adjusted as necessary. KWA will be responsible for all data compilation and will limit reliance on staff to provision of available documents and input on progress under the adopted Housing Element. We will, however, expect to coordinate with staff during key aspects of the Housing Element program, such as during review of the RHNA, preparation of the sites inventory, development of Housing Element strategies, preparation for the Ad Hoc Committee meetings and public study sessions, and in review of draft documents. The costs for CEQA compliance are based upon preparation of a Negative Declaration. Should a Mitigated Negative Declaration or an EIR be required, or a Finding of Conformity with a Prior Environmental document, a separate scope of work and cost estimate would be prepared. KWA will maintain responsibility for preparing the Notice of Availability and Notice of Determination, with staff responsible for all posting, distribution and publication requirements. City of Huntington Beach Housing Element Proposal Page 16 Word Staff Person Warner Persico Mendez Graphics Processing TOTAL Hourly Rate $125 $110 $50 $40 $30 # hours # hours # hours # hours # hours 1 Community Outreach 1a Ad Hoc Meetings (2 @ $1,500/mtg) 12 12 2 2 $3,000 1b Study Sessions (3 @ $1,500/mtg) 18 18 3 3 $4,500 1c Public Hearings (4 @ $750/each) 24 $3,000 1d Staff Meetings (5 @ $500/mtg) 20 $2,500 2 RHNA Pilot Program* 20 $2,500 3 Housing Element 3a Introduction 4 $500 3b Progress Report 16 8 $2,400 3c Needs Assessment 40 75 $8,750 3d Site Availability 24 $3,000 3e Constraints 20 $2,500 3f Resources 8 $1,000 3g Housing Plan 32 $4,000 3h Draft Housing Element/ 75 40 16 32 $12,975 HCD Review 4 CEQA Compliance (Neg Dec) 8 40 4 4 $5,680 5 Product Deliverables Public Meeting Materials -30 copies @ $2/each $60 Housing Element - 79 copies @ $20/each $1,580 Negative Declaration - 44 copies @ $8/each $352 Data/Postage/Mileage/Miscellaneous $1,500 Subtotal 302 70 128 25 36 $59,797 15% Contingency $8,970 TOTAL $68,767 *Assumes assistance in reviewing viability of Draft RHNA. Should City need assistance in drafting a formal appeal, this will be budgeted separately. 1. Date 2. Department: CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1 /9/2007 Planning 3. Requested by: Chris Davis 4. Name of consultant: Karen Warner Associates 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. see attached 6. Amount of the contract: $68,767 ✓ 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 ✓ 9. Company number and object code where funds are budgeted: 10060201.69365 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). see attached 15. Attach proposed scope of work. see attached 16. Attach proposed payment schedule. see attached epartment Head Signature IC5RDAQM'AbRIL, Mana r PCentral Services 1. If the answer to this question is "No," the contract will require approval from the City Council. Housing Element Update EDAW Inc. 17875 Von Karman Ave., Suite 400 Irvine, Ca 92614 949.660.804 RBF Robert Bein, William Frost & Assoc 14725 Alton Pkwy Irvine, Ca 92618 949.472.3505 Karen Warner Associates 882 N. Holliston Avenue Pasadena, California 91104 (626) 791-5596 Score [Using Scale above Weight Rating Understanding of the Scope Comments: None ✓d 1'1 $. '56W e- Q�� I q I X 0.10 Identificatidn.of Critical Scope,Elements & Ke Issues Comments: d6eS X 0.10 O wi -I' . E. v Technical Approach, Work Plan and Innovative Approach Comments: C AC U I X 0.25 = d yces Clarity and Completeness of Proposal Comments: e 1 X 0.05 = D w REP1 Qualifications of the Firm & Subconsultants Comments: X 0.15 = Knowledge & :Experience of the Project Manager & dther"',koy individuals with :similar st ° dies Comments: Vo''ec x 0.20 = 0 X ' n E % SY CiLtJ UBTOTAL NA 0.85 ��t�efeces Comments: 0.15 = TOTAL ' NA 1.00 PROPOSER NAME: [please complete] O.reX1 WoYneY Aszocio% RATER NAME Please score each category using the following scale of 0-5 as described below: 04he criterion was not addressed at all 1-unacceptable 3-acceptable Score [Using Scale above) Weight Rating Understandingof Me Sco Comments: et' O C CASP_10,dedl n co l sses Si?New0. 0 ! Vto, x 0.10 = . Identification of Critical Scope, Elements '& Key Issues ;n Comments: 3 x 0.10 46 ' H- es Technical -Approach, Work Plan' and Innovative Approach Comments: D y v ,^ X 0.25 W '� ,E, Clarity and Completeness of Proposal Comments: S S � covrcige X 0.05 = 0. p� Qualifications of thefirm & Subcon ultants Comments: J6k oF eark c6risvltanfI X 0.15 = O ' / �p e' c' Kpowleclge S Experience of the Project Manager & other Ice individuals with s'mllar studies Comments: S v2 C X 0.20 v v v -e-o ✓t v � 0.✓ SUBTOTAL NA 0.85 References Comments: 0.15 = TOTAL NA 1.00° PROPOSER NAME: [please complete] Please score each category using the following scale of 0-5 as described below: 0-the criterion was not addressed at all 1-unacceptable 3-acceptable 5-exceptional RATER NAME [please complete]: Score [Using Scale above: Weight Rating Understar4rig of the Scope Comments: is 1ti x 0.10 = Identification of Critical Sc . e,Elements & Key Isdues Comments: x 0.10 = , et. u r k\.c- o 1 r Technical roach, Work Plan and Innovative Approach Comments: XIVIA x 0.25 4, ]_ .j, % V, 1 Cla ' and_ Com ;e l_ teness of Pro i Comments: rr • - �- c- _t,�, v�o rc x 0.05 = 2 Qualifications, of the Firm & Subconsul is d—Vj., a, 3 Comments: X 0.15 = -(_5/ K ov edge & EaPerrence of the Project Manager other:ke individaals withsim"rlar studies Comments: x 0.20 = SUBTOTAL NA 0:85 Comments: 0.15 / NS _ TOTAL NA, to©' PROPOSER NAME: [please complete] Please score each category using the following scale of 0-5 as described below: 0-the criterion was not addressed at all 1-unacceptable 3-acceptable 5-exceptional RATER NAME lease complete]: Score [Using Scale Weight Rating above Understands of the Scope Comments: X = et 0.10 o Identificafthof Ctitical Scope, Elements & Key issues Comments: \6'mso'f X 0.10 = `6 4 ri , ILY , Technical Approach, Work Pian and Innovative Approach Comments: X 0.25 Clarityand Completeness of Proposal Comments: L{ X 0.05 = Z Qualifications of the firm & Subconsuitants Comments: !� X 0.15 Knowledge & Experience, of the Project Manager & other ke . in i iWs with similar studies Comments: 1-� X 0.20 = - SUBTOTAL NA Q.85 ereot:es Comments: 0.15 = �p TOTAL NA L�0 O INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Chris Davis 2. Date: January 10, 2007 3. Name of contractor/permittee: Karen Warner Associates 4. Description of work to be performed: Update City's Housing Element 5. Value and length of contract: 3 years (max); $68,767 6. Waiver/modification request: waive cancellation language reps in the insurance certificates 7. Reason for request and why it should be granted: Vendor request 8. Identify the risks to the City in approving this waiver/modification: Minimal. Tyne of work has minimal risk; consultant has performed previous versions of the Housing Element update; both uncontested and accepted by the State. . If , Head Signature /-/D -07 Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management to City Attorney's O ce disagree. 1. Risk Management Approved ❑ Denied -- t G� Signaf&e date 2. City Attorney's Office Approved ❑ Deni d Signatu a 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services waiver2 1/10/2007 9:59,00 AM A CORD - TM. CERTIFICATE OF LIABILITY INSURANCE 1 DATE 01MfDDIYYYY) 01102/2007 PRODUCER Phone: (WO) 598-3700 Fax: (360) 598-3703 MICHAEL J. HALL & COMPANY A/E INSURANCE SERVICES 19S78 10TH AVENUE N.E. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POULSBO WA 98370 ALTER THE COVERAGE AFFORDED BY THE POLIC BELOW - INSURERS AFFORDING COVERAGE NAIC # Agency Licit: 0792445 INSURED INSURER A: Lloyd's Of London KAREN WARNER ASSOCIATES INSURER B: 882 N. HOLLISTON AVENUE PASADENA CA 91104 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADO'L INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE DATE POLICY EXPIRATION DATE IMWD - LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED - PREMISES (Ea OC e ) _ $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR MED. EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 7 IRI LOC JECT PRODUCTS-COMP/OP AGG. $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) _ BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY (i�1- �' , n�� TO FORM AUTO ONLY - EA ACCIDENT. $ ANY AUTO H 7 ID-IN OTHER THAN EA ACC s 1 1 � -1 C U i C ` AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY ITY _ O EACH OCCURRENCE $ OCCUR n CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $- RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY V.m gyr OTHER TORLIMBS E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. DISEASE -EA EMPLOYEE $ OFFICERAREMSER EXCLUDED? My". describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMB $ OTHER: 1114661103/006 06/23/06 06/23/07 $1,000,000 PER CLAIM A PROFESS16NAL LIABILITY CLAIMS MADE FORM $1,000,000 AGGREGATE RETRO DATE 5123102 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION City of Huntington Beach Planning Dept. De SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTFAILURETO 2000 Main St. DO SO SHALL IMPOSE NOOBLIGATIONOR LIABILITY OF ANY KIND UPON THE INSURER. ITS Huntington Beach, CA 92646 AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Attention: Christopher Davis House Account ACORD 26 (2001/08) Certificate N 48724 4D ACORD CORPORATION 1"S INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEPT 1. Requested by: Chris Davis UC1 0 5 2006 �'# 2. Date: September 25, 2006 City attorneyzs'® fc®cp ft 3. Name of contractor/permittee: Karen Warner Associates (KWA) 4. Description of work to be. performed: Update General Plan Housing Element 5. Value and length of contract: 3 years (max); $68,767 6. Waiver/modification request: Attached contract language. 7. Reason for request and why it should be granted: Vendor request, very difficult for KWA to work under City's indemnification language. 8. Identify the risks to the City in approving this waiver/modification: Minimal. Deductible is small amount. Type of work being performed has minimal risk of litigation; KWA performed last two Housina Element Updates. both uncontested and accepted by the State. Head Signature 9-2& - o� Date: APPROVALS Approvals must be obtarnee : r the order listed on this form. Two approvals are required fora request to be gran#ed_:Aprfrothe City Ad inistratsOff:;is orfljrrequired if Risk Manage m and t1ACity Attorn y's . 1. i k ManagementC Approved ElDenied .,.0 a Signature D to 2. =rney's Office ved ❑ Denie ignature Dat 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approv the completed waiver/rodrficatrn request is to be subr'Matt'c the City°A torney's Office along with the contract for approval Once6 the contract,has beery pp aye f; this form is to, beliled with .the Risk. Marzigement l M'Sion of Administrative= lCes insurance waiver 9/25/2006 4:20 PM