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HomeMy WebLinkAboutLAWRENCE & ASSOCIATES - 1999-02-164cQ CERTIFIC OF LIABILITY INSU C 'PI.Dx,,s,1 DATE (M AE(M16 9 PRC!10 R1W THIS CERTIFICATE IIWIUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ISU North American Ins Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7248 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92863-7248 Phone:714-771-7400 rax:714-633-8065 INSURERS AFFORDING COVERAGE INSURED INSURER A: Commercial Union Insurance INSURER B: Lawrence Associates Attn: arty yya�Lwrence 32092 V a C los San Juan Capistrano CA 92675 INSLmIRc: u Roma. INSURER E: COVERAGE$ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMSM VA ja&OM LIMITS GENERALUABILITY EACH OCCURRENCE IL 1 000 A 000 A X COMMEtCIALGENERAL UAINUTY C LLK402380 11/05/99 11/05/00 FIRE DAMAGE (Any cmfio) 2100,()00 CLAIMS MADE nX OCCUR MED EXP (A" «u arson) 15 J. 000 PERSONAL&ADVINJURY :Excluded GENERAL AGGREGATE $ 2 000 000 GENL AGGRWATE LIMIT APPLIES PER: PRODUCTS. COMPIOP AGO $ 2 00 O 00 0 POLICY � LOG AUTOMOBILE LIABILRY ANY AUTO � MEUIs a NEiLE LIMIT BODILY AY I ALL OWNEDALROS SCHEDULED ALlrOS BODILY INJURY MW aooide _ HIRED ALTOS NONAWNED AUTOS PROPERTY DAMAGE s OA;MOE LIABILITY AUTO ONLY . EA ACCIDENT I OTHER THAN E A ACC I ANY AUTO I AUTO ONLY: AGO EXCESS LIABILITY EACH OCCURRENCE I OCCUR CLAIMS MADE AGGREGATE f DEDUCTIBLE I RETEWnON I WORT ERS COMPENSATION AND EMFLOYER8 UABILITY TORY UMITli ER IaL- FJLCN ACCIDENT I E.L. DISEASE. FA EMPL S E.L. DISEASE • POLICY LIMIT 16 OTHER OFrBCRI ONOFOPERATIONSIWCATIONSNWCL^E.,RBCCLLtMONSADOWBYENDORSEMEPRISPEUALPROVISIONS Certificate Holder its Agents, Officers, and Employees are hereby named Additional Insured with respects to General Liability per attached endorsement. *10 day notice of cancellation for non-payment of premium. UCK 1IrIUA I C r1ULLUtK Y ADDITIONAL INSUNW, INSURER L cnM L.AIVL.CLLA I IU14 CITYOB'H SHOLADANYOPTHEABOVEDFSCRIBEDPOUMESSECANCELLEDSWORETHE EMRATION DATETHEREOF. THE ISSUING INSURER W L HISFASKIMML 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Huntington Beach LEFT Attn: Mary Beth Broeren 2000 Main Street Huntington Beach CA 92648 lose • LAWRENCE ASSOCIATES 11/0*11/05/00 CL$90 +C"Q"N •E•l"lr ISU NCt 10 IO RfO 93 NS AGENCY (10-93) ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the followings COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the Inception date of the policy unless another date is Indicated. SCHEDULE Name of Parson or Organitation: City of Huntington Beach , its Agents,officers,&employees 2000 Main Street, Huntington Beach, CA 92648 WHO IS AN INSURED Section Il) Is amended to Include as an Insured the person or organizat_ionshown in the Schedule, but "` onTy wZth respect�o �e air sEn`g o your ongoTg operotloris perTormea or tTiet1rtsureT ' .Nov=115-99 02:04P Lawrence Associates 949 ...,.—,.ras7� sa•rrn P.fili@1 wna,a,e,swo, 2000 Main Street California 92649 s rAX: 71§ 374-1597) DECLARATION of NON-fMPLOYER STATus In order to comply with City Council Resolution No. 6277, you are rrquired .to provide proof of Workers' ComptrWtion insurance.- if you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Msfn Street Huntington Beach, CA 92640 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to Califamia Workers' Compensation insurance requirements. 1 authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any emplayee(s) or beearne subject to the provisions of the laws requiring Workers' Compensation Insurance. Applicant'CompanyName- 2 Applicant's Signatur , date: t L / s C-A 5, • Title: Location Signed: Telephorie Number. ~ F _ Ir_ IF TOTAL P.B: •w. •r .04~9 4 P.4 • 0.00 LC4 AM10 QC% P M CITY OF Pj-N1`rrXGTON BEACH APPLICATION FOR INSURANCE R_Qt:,TMENCE:XrS WADVER OR MODIFICATION I. NTarnefYitleMepamnert of Requesting St �►SCr,1'Yr ��GLf �,_ i'L fits -j �, 2. Date of Request- 3. N 'e of Contractor,?errnirtee� tz , t6,Lgi o— -5- 4. Description of work lobe p:rforr„ed_.- S, Length of Contrac 6. T}W of Insurance Waiver or Mosi-ficatioa (a) Lirvts: (n) Uverage 7. Reason for Request for Wxivtr or Mductia"i of MIT&S "sw-4' .8. Idendi N- the risks to &.-- City if ts`sis requester ,xiieer or r.odirlcatio►ts granted ,- f DepartmentHead Signature AM, 4---1 (Thissectiort to be Completed l,y useRiskMarc ager) Recrnmendation: Approve Deny. Tbskl,ianager's Signs -we. -Date 1 I I {This section to A completed bye the City Artorne} j Re; orrvnendation : ApproveDenyCit)? Anorney's Signa-mm Date ! / 1 SeWer.,ent Co..ner app:er-gis o;j regsi:•� :_rt:.is %,1:,var. 1f Sertleme:S. . t Co,;nee appro+-al is re;uirsubmit form to Ciry Actornek's e to be placed oat +e agenda. R•tcommendation: Anorove Der► City Council appro+njiS)Eh-4_011 required for this If CiZy Council approral is required, attach this form to the RCA after consideratio'ti `f�v the Attlement Cornrzir,::. This insurance waiver (is] (is not] on City Council agenda. jmpl,crsrsavt�orYnsrr�KslS tilS7 7 '�, • . i City of Huntington Bea 2000 Main Street HUNM1m ONBEAtH California 92648 DECLARATION .of NON -EMPLOYER STATUS In .order to comply with City - Council Resolution No. 97-20, you are required to ' provide proof of Workers' Compensation insurance. if you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 1 certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation insurance requirements. 1 authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if 1 hire any employee(s) or become subject to the provisions of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: [_w e.EIV Ca Address: 52bq Z VIA Grip_ L-0S 5" FJ6,►J C P1 SW A, ,n CA �J . c( -4 Applicant's Signature: Title: M___ - .Location Signed: -';AiU C-Apl Telephone Number: -7 lit-• Ce t¢ l $-I 7S Date: I/1 0f9 X • • G:1RiskMgmt\Cert-1ns1WC-Wvr.Doc (Rev. 8/1 3/8n a • ;40.j �„� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: �21�i/�Ei_�15�,�� ATTENTION:% Name 3 2 O Y1. //a �Ba?��S 5 DEPARTMENT: Street n � REGARDING: City, State, Zip See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway / , City Clerk - G- -AA VIOA.^ ive� � ce - Zl awo&s Attachments: Action Agenda Page Agreement Bonds Insuran�e RCA Deed Other CC: 7 V, N e Dep ent RCA Agreemeec Insurance Other V V Name Dep ent RCA Agreement Insurance other Name Department RCA Agreeme.0 Insurance Other Name Department RCA Agreement Insurance Other t/ •--� Risk Management Dept. Insurance GTollowup/Letters/coverltr (Telephone: 7 94-636-52771 Council/Agency Meeting Held: 111 Deferred/Continued to: Appr ved ❑ Conditionally Approved ❑ Denied ignature Coun it Meeting Date: April 17, 2000 Department ID Number: PL00-06 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL ME BERS b _ SUBMITTED BY: BRAY SILVER, City Administrator - -- J _ PREPARED BY: HOWARD ZELEFSKY, Planning Director- k _ SUBJECT: APPROVE AMENDMENT NO. 1 TO THE CONSULTING SERVICES CONTRACT WITH LAWRENCE ASSOCIATES FOR COMPLETIKON OF THE CONCEPTUAL MASTER PLAN FOR THE PALM AND GOLDEN' EST AREA Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachmenosj Statement of Issue: Transmitted for City Council's consideration is a request to approve Amendment No. 1 to the professional services contract between the City of Huntington Beach and Lawrence Associates for completion of the Conceptual Master Plan for the Palm and Goldenwest planning area, and the review and processing of PLC's Specific Plan for a portion of that planning area. Funding Source: The funding source will be PLC, the project proponent, via Amendment No. 1 to the Reimbursement Agreement between the City and PLC. The Amendment to the Reimbursement Agreement is being submitted concurrently with this Amendment to the Contract between the City and Lawrence Associates. Since PLC has agreed to reimburse the City for cost incurred related to its project, there will be no fiscal impact. Recommended Action: Motion to: 1. "Approve Amendment No. 1 to the professional services Contract between the City of Huntington Beach and Lawrence Associates and authorize expenditures for additional services in the amount of Eleven Thousand Dollars ($11,000.00) to complete the Conceptual Master Plan for the Palm/Goldenwest planning area, thereby creating a total contract in the amount not to exceed Seventy One Thousand Dollars ($71,000.00). 18 REQUEST FOR ACT106 MEETING DATE: April 17, 2000 DEPARTMENT ID NUMBER: PL00-06 Alternative Action{s1: The City Council may make the following alternative motion(s): 1. "Deny the amendment request and direct staff accordingly." 2. "Continue the item and direct staff accordingly." Analysis: A. BACKGROUND: The City Council approved a contract between the City and Lawrence Associates on February 16, 1999, to have Lawrence Associates prepare a Conceptual Master Plan and the Specific Plan for the PaImlGoldenwest planning area, Area 413. The original budget estimates for the Conceptual Master Plan were anticipated to cover all costs associated with the planning services for the PaImlGoldenwest area. However, additional' expenses have been incurred by the City related to the remediation entitlements for the area because of the appeal and the significant number of meetings and follow-up. In addition, more time was spent at the Planning Commission study session level and in meetings with the Holly Seacliff Homeowners Association. B. ANALYSIS AND RECOMMENDATION: Lawrence Associates has been providing professional planning services associated with preparation of a Conceptual Master Plan and a Specific Plan for the PaImlGoldenwest pursuant to the original contract. Lawrence Associates has an understanding of the City's requirements and issues, and has been responsive to staff's concerns. Lawrence Associates consistently provides a quality product on schedule and works well as an extension of staff. Staff is recommending the City Council approve Amendment No. 1 to the Contract between the City and Lawrence and Associates, and authorize the Mayor and City Clerk to sign. Environmental Status: Projects over which public agencies exercise ministerial authority, such as an amendment of a contract to prepare environmental review documents, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. PI00-06 -2- 416I00 10:02 AM REQUEST FOR ACTI06 MEETING DATE: April 17, 2000 DEPARTMENT ID NUMBER: PL00-06 Attachment(s): 1 Amendment No. 1 to the Professional Services Agreement between the City of Huntington Beach and Lawrence Associates for Completion of the Conceptual Master Plan and Specific Plan for the Palm/Goldenwest planning area 2 Insurance Certificates 3. Original Contract between the City and Lawrence Associates including the Settlement Committee waiver of Professional Liability Insurance. RCA Author: Duane R. Bankey PI00-06 -3- 4/6100 10:02 AM 0 • • • AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LAWRENCE ASSOCIATES FOR PALM/GOLDENWEST PROJECT MANAGEMENT THIS AMENDMENT is made and entered into the 1.7thday of April , 2000, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY", and LAVI-RENCE ASSOCIATES, a sole proprietorship, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated February 16, 1999, entitled "Professional Services Contract Between the City of Huntington Beach and Lawrence Associates for Palm/Goldenwest Project Management," which agreement shall hereinafter be referred to as the "Original Agreement," and Since the execution of the Original Agreement, CITY has requested additional work from CONSULTANT and CONSULTANT has agreed to perform such work; and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work already performed by CONSULTANT, the additional work to be performed by CONSULTANT, and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: ADDITIONAL WORK CONSULTANT shall provide to CITY such additional services as described in City's request for additional work dated November 19, 1999, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein, including additional consultation and attendance at City meetings regarding the Project.. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, CITY agrees to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full payment for services rendered, at the hourly fee schedule as shown on in the Original Agreement, an additional sum not to exceed Eleven Thousand and no/100 Dollars (S11,000.00). The additional sum shall be added to the original sum of Sixty Thousand and no/100 Dollars (S60,000.00) for a new total contract amount of Seventy-one and no/100 Dollars ($71,000.00). 4ls:4-2000 Agree: Amend 1-Lawrence Assoc. RL5 00-021 2Z10 00 REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. CONSULTANT: LAWRENCE ASSOCIATES a sole proprietorship By: Larry awr nce, Proprietor REVND APPROVED: -ODO'City Ad inistrator 4(s:4-2000 Agree: Amend 1-Lawrence Assoc. RLS 00-021 2i 1000 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST 4w. +�c/ City Clerk APPROVED AS TO FORM: lVdD City ttoMey Il`16 7 I,ATED AND APPROVED: e� of 0 • State of CALIFOHNI County of ORANGE On J!Jitea 2aeo before me, PHILIP J. HUGHES, MOTARY RU81-I0 IRATE) fNAMEITITLE OF OFFICER-i.e.-,LANE DOE, NOTARY Pl1BLIC'I personally appeared (NAME(SI OF S:GNERI511 C ❑ personally known to me -OR- proved to me on the .. PHILIP J. HUGHE5 COMM. # 1163799 D cca• Notary Public Cefornia N ORANGE Exp- l2Y F4,, Con+ml+sioa Exp. 12R&a I asls of satisfactory evidence to be the person(g) whose name(d) is/aft- subscribed to the within instrument and acknowledged to me that he/she-, executed the same In his/herftheir authorized capacity(", and that by hislhook*& signature) on the instrument the person(pt, or the entity upon behalf of which the person(, acted, executed the instrument. Witness my hand and official seal. (SEAL) r I51G ATU OF NOTAR ) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signerlsl Other Than Named Above WOLCOTT5 FORM 83240 Rev. 3-94 (price class 8.2AI Q1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONiTWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CrY CLAII ED BY SIGNERIS) INDIVIDUAL( I ❑CORPORATE OFFICER(S) ITITLES7 ❑PARTNERIS) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARD IANICONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Personls) or Entity(iesl RIGHT THUMBPRINT (Optlonall CAPACITY CLAIMED BY SIONER(S) ❑iNDIVIDUALIS) ❑CORPORATE OFFICERIS) (TITLES! E]PARTNER(S) ❑LIMITED CGENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) GUARD IA NICON SE R VA TOR COTHER: SIGNER IS REPRESENTING: (Name of Personls) or Entitylies) jjjjiililii�1�11I,iio�jj�j .irt41K: ,•s'� I, .s- t. .I: is City of Huntington Beach 2000 MAIN STREET CALIFORNIA92648 DEPARTMENT OF PLANNING Phone 536-5271 . Fax 374-1540 374-1648 November 19, 1999 Bill Holman PLC 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660 Subject: Reimbursement Agreement (Palm/Goldenwest) Dear Bill: The existing contract for the Palm/Goldenwest planning effort is in the amount of $60,000. Based'on services expended to date and those needed to complete the project, the City is requesting that PLC agree to a contract extension in the amount of $11,000. This extension will cover costs incurred by Mr. Bob Goldin through the City Council approval phase. Mr. Goldin's responsibilities will end at that point, and City staff will complete tasks required for Coastal Commission review and approval. Attached to this letter is a detailed estimate of the contract extension request. The City greatly appreciates the cooperative attitude that PLC has demonstrated with regard to defraying the cost of a contract planner and we regret that the original budget estimate is not sufficient to cover costs. We attribute the need for additional monies to the costs incurred for Mr. Goldin's time related to the remediation entitlements for Palm/Goldenwest. It was anticipated that this would require minimal effort at the Zoning Administrator level and not have a dramatic impact on the Palm/Goldenwest budget. As you know, this was not the case due to the appeal and the significant number of meetings and follow-up required. In addition, we spent more time at the Planning Commission study session level and in meetings with the Holly Seacliff Homeowners Association (in addition to the community meetings) than was originally expected. We believe that the outreach to the community and the work with the Planning Commission was justified and time well spent and did not forsee the remediation situation. We would hope that PLC agrees and look forward to a favorable response to this request for a contract extension. - Upon your written authorization to proceed, we will have the City Attorney's office prepare a contract for the additional amount. Should you have any questions or concerns regarding the requested contract extension, please contact me. Thank you. Sincerely, Mary Beth Broeren, Senior Planner Cc: Duane Bankey, Planning Senior Department Analyst 12/16/1995 10,22 FLC LAND COMPANY 4 917142741540 MDccembcr 16,1994 NO.z-48 D01 Me. Mary Beth Broerm Senior Planner Planning Department 2000 Main Street Hurtiniron Beach, CA 92648 Subject: Palm and Goldenwest Planning Services Reimbursement Agreement Request for Contract Extension Dear ?vb vy Beth: You are authorized to extend the contract with Lawrence Associates for work on ;.he Palm and Goldenwest Specific Plan by an amount not to exceed $11,000.00. 'hank you for your continued assistance with this project. Very truly yours, William D. Holman Planning & Government Relatiots FA TIA TA �'.�l.' PAC Land fti"aay 23 OalDmte P14m Suite 250 949 721. 9777 TekPhone Newcad Basefti U orn!a 22660 949 M9! 1214 iambils AroR— CERTIFICATE OF LIABILI i Y INOUMtwiL►L,p; , 11 ISU North American Ins Agency - P.O. Sox 724E Orange CA 92B63-7246 Phone:714-772--7400 Sax:714-633-9065 Lawrence Associates Attn' arry Lawrence 32092 Via Carlos San -Juan Capistrano CA 92675 COVERAGES ONLY AIMPNFERS NO RIGHTS UPON THE CERTIFICAti­ WOLDERWS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO% INSURER A. INSURIAE iNsURER C: INSURER lk INSURERS AFFORDING COVERAGE vial. Union Insuz THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN k55UED TO THE INSURED NAME13 ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAND ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER Oc CUMENTWITii RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER s. F-muStONs AND CONOMONS OF SUC POLICIES. AC43REGATE LIMITS SHOVM MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE POLSCf NUMBER PATE CfY LIMITS GENERAL LLAMLITY EACH OCCURRENCE S O Q O A X COMMEROALURNERALLIABILITY CA=402380 11/05/99 11/05/00 PRE OAMAGE'(Any one 16a) i 100 0( CLAILLs vu-mr. [g] OCCUR MEG EXP (AAV ono penen) i 5 -0 0 D PERSONAL i ACV INJURY S $xcluc GEVERALAGGRMATE 12,000, OEILAGOREGATFUWAPPUESPER: PROOUCTs•COMPIgPAGG s2 ODD, POUCY Pj T LOC AUTOMO&LELIABIUTY COMBINED&NOLSUMIT s ANY AUTO (Eta 1kodd"q � P Y t _ ALL OMOMAUrce !!?PROVED . �� TO FORDS :1 ZCHSUL M ALTO Gill.9UTTO . Cj.�� Attorney, UTGS By De t . city Din (Pw a=WenI3 oN-0WRIEDANliEOALTTO.R PROPEiTYOAMAGE : } y/��/g C} GARAOat UA&LRY •��T ALRO ONLY . EAACGO@1T s ACC ' ANYALTto OTHERTNAN EA = i AUTO ONLY. AGO EXCM LABILITY EACH OCCURRENCE 11 OCCUR ❑ CLAIMSMADS AGGREGATE i OECUCRBLE _ RETENTION i i WORSCERS COMPENSATION AA0 EMPLOYERS UABILTTY PR a CfL OrAER DESCRIRTSBN OF BY ENOgRZEVtENTISAECUL Cextiticate Holdar its Agents, Offiaaxs, and ZaPl0Yp4 A'Y-A V X Addi,tianal Insured with xeapeata to General Liabilit3 Lendorsement. *10 day notice of a1mc011atian for nna- CERTIFICATE HOLDER Y A2]O OMALMURW,MURERLETTER: CANCE CITY07i H 00�1 1� E»IpAT 30* City of mzntingtaa Beach U97.B6.r.. ..,. .,...�,....��...,.. ...,...,�..�...�.....�........ Attn: Maxy Rath 8rceren AWAND THS INSWER.fMWT3ORREFM1WATIW& 2000 Wa3a atxeet Hantiagtorz Beach CA 92649 Taurus ...w-n nneonDA LAWRENCE ASSOCIATE 11/05/99-11/05/00 ISU NORTH AMEBIC S AGENCY E-JUN F•p'•r CG 2010 10 t ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS (FORM 8) This endorsement modifies insurance provided under the ioliowing.. 'COMMERCIAL GENERAL. LIABILITY COVERAGE PART .This endorsement changes the policy effective on the Inception date of the policy unless another date is Indicated. ' SCHEOUL.1E Name of Person or Organization: City of Huntington Beach., its Agents,officers,&employees 2000 Main.Street, Huntington Beach, CA 92648 WHO IS AN INSURED (Section ll) Is amended to Include as an Insured the person or organization shown In the Schedule, only with respect to liability arising out of your ongoing operations performed for that Insured. POMMMSM CALK40238 0 AGENT COPY -25-99 02:04P Lawrence ASSnciates 949 551 45ZW, F- .Ue- I L1.•-..r L V ZI 7 1.3. quo P. 01,101 e„b,864C3, 2000 Main Street Cali(nrraia 9264E (FAX: 714Z374--1597) DECLARATION of NON -EMPLOYER STA7u5 In order to comply with City Council Resolution No. 6I77, you art rr:quired .to provide proof of Workers' Compensation insurance.. If you have no employeet, this farm must be signed and returned to: city of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I Certify that in the performance of the activity or work fnr which this permli is issued, I shall not employ any person in any rnartner so as.to become subject to Califomia Workers' Compensation insurance requrrements. 1 authorize the City of Huntington Beach to Immediately and retroactively revoke the license at permit Issued under this dec)aration W I hire any employeefs) or become subjecr to the provisions of the laws requiring Workers' Compensation Insurance. AppliCant/Company Name: Address: 32097_ tl/�_/ �r`Ae Y1.7._/i.d2p (��A �ol� Applicant's Signatur ; Date: I l L t CA 15 Title: ne-f tit e..f i. Z i Location Signed: r Telephone Number. TWAL P.01 . w . r . nM . •a. e , e ■e tG. ACINZ CCU C RJ .J l is low HU"NCTON BF,ACH 0. City of Huntin;ton BIV, 2000 Main Street DECLARATION of NON -EMPLOYER STATUS California 92648 In .order to comply with City - Council Resolution No. 97-20, you are required to ' provide proof of Workers' Compensation insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation insurance requirements. authorize the City of Huntington Beach to immediately and retroactively revolve the license or permit issued under this declaration if I hire any employee(s) or become subject to the provisions of the laws requiring Workers' Compensation Insurance. Applicant(Company Name: r W 2-� � '1•�S Address: 320Gt Z VIA Gat Las , 5AJV IL)bI' ► Co,PI SIV area, C Applicant's Signature: ( _ � _ _ Date: ( L5 0 Title: <2WA -'YZ -..Location Signed: CAPI s aA`0 Telephone Number: -714 -- LA Im ! 9 2e-7: G:1RiskMgmt\Cert-ins\WC-Wvr.Doc (Rev. 8/13/97) r CITY Or IRJ:.\rrINGTON BEACH APPLICATION FOR INSURANCE REQMENIENTS WAIVER OR MODIFICATION 1. INam&Ti0 /Depanment of Requesting Sta3r,�ber Nla,(,, ':✓�� �f��f 2, Date of Request 1 2-01 3, Name of ContractoriPermirtee GL 11 (,Q f S4 )C,4'c-4-t S 4. Description of work to be performed 5. Length of Contract "peK-1 6. Type of Insumncc 1Vaiver or Mod:A9cation R- ;u:st:d: 1 C►-- (a) Linuts: (b) Ceverage 7. Rerson far Request for Waiver or Reduction afLimits e ! C . �- i QLN a. Mend& the risks to &,e City if this request fcr :.aiver or modifications granted PL f Deparm:nt Head (This section to be completed 3y the RiskMcnager) Recammendation: Approve Deny Risk Manager's Signacare.•Date / / / (Ihissection to he completed bt, the CityAVorne)) Re. ,mmendation : Approve Deny City Attorney's Sign attre,02te / / / Settlement Co.-j ,fitter atpmv is =01 equ:r-�::_r t:.is �<<irer. _f Sertl:m_nt Co+„ , mrtee appro't-al is required, submit form to City Artorney's O ice lacedea tip: agenda. Ra.�ammendation: Approve Deny City Council appror 4 [is [i�rtLt] regtvred for this �szi�:r, if Ci;y Council approval is required, attach this form to the RCA after consideratio y the 1.Nement Comrtire„--. Ms insurance waiver [is] [is not] on City Council agenda. jrnVk1reaaLr,ionlnS1tq 111197 7 0 • • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LAWRENCE ASSOCIATES FOR PALMIGOLDENWEST PROJECT MANAGEMENT Table of Contents Section Page 1 WORK STATEMENT .. 1 2 CITY STAFF ASSISTANCE. 2 3 TIME OF PERFORMANCE . 2 4 COMPENSATION 2 5 METHOD OF PAYMENT .. 2 6 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS . 3 7 HOLD HARMLESS 4 8 WORKERS' COMPENSATION 4 9 PROFESSIONAL LIABILITY INSURANCE 4 10 CERTIFICATES OF INSURANCE 5 11 INDEPENDENT CONTRACTOR 6 12 TERMINATION OF AGREEMENT. 6 13 ASSIGNMENT AND SUBCONTRACTING 6 14 COPYRIGHTS/PATENTS 7 15 CITY EMPLOYEES AND OFFICIALS . 7 16 NOTICES 7 17 RvfMIGRATION 7. 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED. 8 19 ATTORNEY FEES 8 20 ENTIRETY 9 l PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LAWRENCE ASSOCIATES FOR PALM(GOLDENWEST PROJECT MANAGEMENT This Agreement is made and entered into this 16th day of February 1999, by and behveen the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "CITY," and Lawrence Associates, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY desires to engage the services of a contractor to provide consultant services in connection with the environmental review and processing of current planning projects; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR AS FOLLOWS: 1. WORK STATEMENT CONTRACTOR shall provide planning services, on an "as needed" basis consisting of environmental review and processing of current planning projects. CONTRACTOR hereby designated Mr. Larry Lawrence, who shaIl represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 4/s.4-99A9MC-. Law mn-2 RLS 98-829 1/1"9 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONTRACTOR are to commence as soon as practicable after the execution of this Agreement. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONTRACTOR a time and materials fee not to exceed Sixty Thousand and no/100 Dollars ($60,000.00). 5. METHOD OF PAYMENT CONTRACTOR shall submit to CITY an invoice for payments due, at the hourly rates listed in the schedule attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. 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 the CONTRACTOR'S firm that the work has been performed in accordance with the provisions of this Agreement; and Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly 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 2 4/s:4-99A wee: La wrrn-2 RLS 98-829 1/l4199 (..I* r. 0 unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONTRACTOR is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. Any billings for extra work or additional services authorized by the CITY shall be invoiced separately to the 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. 6. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that all materials prepared hereunder, including.all ' original drawings, designs, reports, both field and office notes, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement. In the event this Agreement is terminated, said materials maybe used by CITY in the completion of its investigation or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONTRACTOR to the point of termination or completion, whichever is applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder. 3 44:4-99Ager. Lawren-2 RLS 98-829 1/14/99 7. HOLD HARMLESS CONTRACTOR shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with performance of this Agreement or -its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. S. ' WORKERS COMPENSATION CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys' fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONTRACTOR under this Agreement. 9. PROFESSIONAL LIABILITY INSURANCE The requirement for Professional Liability Insurance was waived by consent of the Settlement Committee on February 2, 1999. 10. CERTIFICATES OF INSURANCE. Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; and certificates shall: 4 41s:4-99Agree:LawTen-2 RLs 98-929 1114199 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 policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice; however, ten days prior written notice in the vent of cancellation for nonpayment of premium. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying :the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the services.to be performed hereunder. 12. TERNUNATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONTRACTOR'S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by 5 4/s:4-99AZ=:Lawmn-2 RIS 98-829 1/14/99 • CITY shall be made in writing through the City Attorney, notice of which shall be delivered to CONTRACTOR as provided herein. 13. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONTRACTOR to any other person or entity without the consent of CITY. 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 CONTRACTOR shall employ no CITY officials 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 Corte. 16. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 hereinabove) or to the City Attorney, 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 Services, addressed as follows: 4Js:4-99A8=:Lawrcn-2 RLS 98-829 1/14199 l . TO CITY: Howard Zelefsky Director of Planning City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 17. IMMIGRATION TO CONTRACTOR: Mr. Larry Lawrence Lawrence Associates 32092 Via Carlos San Juan Capistrano, CA 92675 CONTRACTOR 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. 18. LEGAL SERVICES SUBCONTRACTIONG PROHIBITED CONTRACTOR and CITY agree that CITY is not Iiable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any Iegal services expenses incurred by CONTRACTOR. 19. ATTORNEY FEES In the event suit is brought by either party to enforce the. terms and conditions of this agreement to secure the performance hereof, each party shall bear its own attorneys' fees and costs. Balance of page intentionally left blank. 7 41s:4-99Ag=-.LAw[m-2 RIS 98-829 1/14l99 20. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. LAWRENCE ASSOCITES a sole proprietorship By 'tgrry La e, Proprietor ATTEST Z-0:000 *� 4;�- City Clerk REVIEWED AND APPROVED: City Administr r 8 4/s:4-99Ag=: L awren-2 RIS 98-829 1/14/99 CITY OF HUNTINGTON BEACH a is muni 'pal corporation Mayor APPROVED AS TO FORM: Ci A j e� � y INIT DAND APPROVED:' Dir r of P J�#0 City of Huntington Beach i.CC2000 MAIN STREET CALIFORNIA92648 DEPARTMENT OF PLANNING Phone 636-5271 Fax 374-1540 374-1648 November 19, 1999 Bill Holm PLC 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660 Subject: Reimbursement Agreement (Palm/Goldenwest) Dear Bill: The existing contract for the Palm/Goldenwest planning effort is in the amount of $60,000. Based 'on services expended to date and those needed to complete the project, the City is requesting that PLC agree to a contract extension in the amount of $11,000. This extension will cover costs incurred by Mr. Bob Goldin through the City.Council approval phase. Mr. Goldin's responsibilities will end at that point, and City staffwill complete tasks required for Coastal Commission review and approval. Attached to this letter is a detailed estimate of the contract extension request. 'Ile City greatly appreciates the cooperative attitude that PLC has demonstrated with regard to defraying the cost of a contract planner and we regret that the original budget estimate is not sufficient to cover costs. We attribute the need for additional monies to the costs incurred for Mr. Goldin's time related to the remediation entitlements for Palm/Goldenwest. It was anticipated that this would require minimal effort at the Zoning Administrator level and not have a dramatic impact on the Palm/Goldenwest budget. As you know, this was not the case due to the appeal and the significant number of meetings and follow-up required. In addition, we spent more time at the Planning Commission study session level and in meetings with the Holly Seacliff Homeowners Association (in addition to the community'meetings) than was originally expected. We believe that the outreach to the community and the work with the Planning Commission was justified and time well spent and did not forsee the remediation situation. We would hope that PLC agrees and look forward to a favorable. response to this request for a contract -extension. Upon your written authorization to proceed, we will have the City Attorney's office prepare a contract for the additional amount. Should you have any questions or concerns regarding the requested contract extension, please contact me. Thank you. Sincerely, Mary Beth Broeren, Senior Planner Cc: Duane Bankey, Planning Senior Department Analyst ;� CITY OF HUNTINGTON BEACH � 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HIJIXTINGTON BEACH TO: L ATTENTION: 1?ii: L*Adj,02Ce Name 312092 llsi• C'_ar�/Qs_ ._ _�.. _ DEPARTMENT: Street , 6aa Taa e2 &,nI���o �� 1�1675REGA"LNG: j Wesrr - _5-eryices City, State, Zip AxCtfC c2 m/.Sol �21r1c � lgwjer� 02LVAemevve See Attached Action Agenda Item Date of Approval Z -/6 - Q Enclosed For Your Records Is An Executed Cope Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other Name �^ Department ./ RCA Agreement tnSllrailee Other Name Deportment RCA AgreUheni Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Ageerrent Insurance Other Risk Management Dept. Insuran:e G:Follouup?coverltr Received by Dame - Company Dame - Date ( Telephone: 714.536.5227 ) Council/Agency Meeting Held: Def rred/Continued to: Approve Conditionally Approved 0 Denied Jerk's Signature Sn Council Meeting Date: February 16, 1999 Department ID Number: CD 99-03 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION;=� SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -L rT ^©rnr, SUBMITTED BY: RAY SILVER, City Administrator {-�a�� t � c7 n PREPARED BY: HOWARD ZELEFSKY, Planning Director /1-----4 7— SUBJECT: APPROVE PROFESSIONAL SERVICES CONTRACT WITH LAWRENCE ASSOCIATES FOR PLANNING SERVICES FOR THE PALM AND GOLDENWEST AREA Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Transmitted for City Council's consideration is a request to enter into a Professional Planning Services Contract with Lawrence Associates to develop the Conceptual Master Plan for the Palm and Goldenwest planning area, and the review and processing of PLC's Specific Plan for a portion of that planning area. Fundinn Source: The funding source will be the PLC Planning Services Reimbursement Agreement for the Palm and Goldenwest Area approved by the City Council on January 19, 1999, and thus will have no fiscal impact. Recommended Action: Motion to: "Approve the Professional Services Contract, with the Settlement Committee recommendation to waive professional liability, between the City and Lawrence Associates subject to mutual agreement by the City and Lawrence Associates, and authorize the Mayor and City Clerk to sign." p / REQUEST FOR COUNCIL ACTIO41 MEETING DATE: February 16, 1999 DEPARTMENT ID NUMBER: CD 99-03 Alternative Action(s): The City Council may make the following alternative motions: "Deny the Professional Services Contract between the City and Lawrence Associates." 2. "Continue the item and direct staff accordingly." Analysis: A. STAFF ANALYSIS AND RECOMMENDATION: In the last year and a half, there has been a substantial increase in planning and development activity. This increase in activity is primarily due to the economy and the proposals of many large development projects submitted or proposed within this activity period such as the Palm and Goldenwest Specific Plan. The Planning Department has been utilizing contract services and temporary employees to augment staff and satisfy the increase in demand for planning functions. To utilize contract services and temporary employees to augment the Planning Department staff for the preparation of a Conceptual Master Plan and the Specific Plan for General Plan Area 413, a Professional Services Contract will have to be entered into between the City and Lawrence Associates. PLC has agreed to reimburse the City for expenses related to this contract. This agreement was approved by the City Council on January 19, 1999. On February 2, 1999, the Settlement Committee approved a recommendation to waive the professional liability insurance requirement because there is minimal risk to the City associated with the planning work. Staff recommends the City Council approve the Contract and authorize the Mayor and City Clerk to sign. Environmental Status: The agreement is categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. Attachment(s): Professional Services Contract between the City and Lawrence Associates. 2. Insurance Information. CD99-03 -2- 02/02/99 4:57 PM e 0 Ri! PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LAWRENCE ASSOCIATES FOR PALMIGOLDENWEST PROJECT MANAGEMENT Table of Contents Section Page 1 WORK STATEMENT 1 2 CITY STAFF ASSISTANCE. 2 3 TIME OF PERFORMANCE . 2 4 COMPENSATION 2 5 METHOD OF PAYMENT 2 6 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS . 3 7 HOLD HARMLESS 4 8 WORKERS' COMPENSATION 4 9 PROFESSIONAL LIABILITY INSURANCE 4 10 CERTIFICATES OF INSURANCE 5 11 INDEPENDENT CONTRACTOR 6 12 TERMINATION OF AGREEMENT. 6 13 ASSIGNMENT AND SUBCONTRACTING 6 14 COPYRIGHTSIPATENTS 7 15 CITY EMPLOYEES AND OFFICIALS 7 16 NOTICES 7 17 IMMIGRATION 7 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED. 8 19 ATTORNEY FEES 8 20 ENTIRETY 9 0 0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LAWRENCE ASSOCIATES FOR PALM/GOLDENWEST PROJECT MANAGEMENT This Agreement is made and entered into this 16th day of February , 1999, by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "CITY," and Lawrence Associates, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY desires to engage the services of a contractor to provide consultant services in connection with the environmental review and processing of current planning projects; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR AS FOLLOWS: WORK STATEMENT CONTRACTOR shall provide planning services, on an "as needed" basis consisting of environmental review and processing of current planning projects. CONTRACTOR hereby designated Mr. Larry Lawrence, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 4/ sA-99Agree:Lamen-2 RLS 98-829 1i14M 0 • 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONTRACTOR are to commence as soon as practicable after the execution of this Agreement. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONTRACTOR a time and materials fee not to exceed Sixty Thousand and no1100 Dollars (S60,000.00). 5. METHOD OF PAYMENT CONTRACTOR shall submit to CITY an invoice for payments due, at the hourly rates listed in the schedule attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Such invoice shall: a. Reference this Agreement; b. Describe the services performed; Show the total amount of the payment due; d. Include a certification by a principal member of the CONTRACTOR'S firm that the work has been performed in accordance with the provisions of this Agreement; and Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly 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 2 4rs:4-99Agree:1 awren-2 RL5 98-829 1/14/99 • 0 unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONTRACTOR is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. Any billings for extra work or additional services authorized by the CITY shall be invoiced separately to the 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. 6, DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notes, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement. In the event this Agreement is terminated, said materials may be used by CITY in the completion of its investigation or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONTRACTOR to the point of termination or completion, whichever is applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder. 3 4/s:4-99Agree: Lawren-2 RL5 98-829 1 / 14/99 7. HOLD HARMLESS CONTRACTOR shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. 8. WORKERS COMPENSATION CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys' fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONTRACTOR under this Agreement. 9. PROFESSIONAL LIABILITY INSURANCE The requirement for Professional Liability Insurance was waived by consent of the Settlement Committee on February 2, 1999. 10. CERTIFICATES OF INSURANCE. Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; and certificates shall: 4 4/s:4-99Agree; Lawwn-2 RLS 98-929 1/14/99 • 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 policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice; however, ten days prior written notice in the vent of cancellation for nonpayment of premium. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with 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 CONTRACTOR'S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by 4/s:4-99Agree: hwren-2 RLS 98-829 1/14/99 CITY shall be made in writing through the City Attorney, notice of which shall be delivered to CONTRACTOR as provided herein. 13. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONTRACTOR to any other person or entity without the consent of CITY. 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 CONTRACTOR shall employ no CITY officials 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 or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 hereinabove) or to the City Attorney, 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 Services, addressed as follows: 6 41:s:4-99Agree: Lawren-2 RLS 98-929 1/14/99 0 TO CITY: Howard Zelefsky Director of Planning City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 17. IMMIGRATION TO CONTRACTOR: Mr. Larry Lawrence Lawrence Associates 32092 Via Carlos San Juan Capistrano, CA 92675 CONTRACTOR 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. 18. LEGAL SERVICES SUBCONTRACTIONG PROHIBITED CONTRACTOR 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. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 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 CONTRACTOR. [�� if ]DI90 _'1.W W& In the event suit is brought by either party to enforce the terms and conditions of this agreement to secure the performance hereof, each party shall bear its own attorneys' fees and costs. Balance of page intentionally left blank. 7 4/s A-99 Agree: Lawren-2 RLS 98-829 1 /14/99 0 i 20. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. LAWRENCE ASSOCITES a sole proprietorship -By rry,La a e, Proprietor ATTEST City Clerk REVIEWED AND APPROVED: City Administr or 41s :4-99Agree: Lawren-2 RLS 98-829 111 3199 CITY OF HUNTINGTON BEACH a E is muni 'pal corporation Mayor APPROVED AS TO FORM: Cit A IF I��zINITIA D APPROVED: of 0 EXHIBIT A EXHIBIT A Services included in this Agreement by and between the City of Huntington Beach and Lawrence Associates include professional planning services to be billed at the hourly rates listed below: Principal $85 Senior Associate 75 CEQA Specialist 70 Planning Assistant 50 rI re.'__ _i L1 a,r:_-xl __ RI --r -•- , r... ...i -... :. In:PIT �n 3 _ Dec-15-98 10:09A Lawrence Associates 949 1&1 4828 P.02 AOL • pAMtOOIYY} �pRQ, OF LIABILITY INS.UR GDATE :CERTIFICA ; _..__ ►$._ - l��z+��g .: PaDtiY�eR THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RtQHTS UPON THE CERTIFICATE I su North AmiIrrican Ina Agency HOLDER. THIS CERTIFICATE DOES NOT AMFND, EXTEND OR Bex620 San Bernardino, GA ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. B002 48 Otange , CA —COMPANIES AFFORDING COVERAGE _ Taurus COMPANY A Cou neraial Union Insurallnce Piker No- Fax No INSURED COMPANY EI Lawrence Associates COMPANY Attn: Larry Lawrence C 32092 Via Carian COMPANY San Juan Capistrano CA 92675 D COVERAGES .. `: ... .. �. TPOS tS TO CERT#FY THAT THE P4L1CIEs OF !NtuRANCf 11STED BELOW mAwE aEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NATWTHS l-MIOINO ANY REGUI REIIAENT, TERM OR CONDITION OF ANY CONTRACT OR OTMER DQGVWNT WITH RESPECT TO Vi W-4 T► O 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 PIOLMIES. LWATS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO P041CY EI*EC1tVE PONCY UPIRATTON LIN TYPE OF INSURANCE POLICY NYM9ER DATE IMMIDO►YYI DATE IMAUDDNYI Umns DEK$RALLIIIBILtty GENERAL AGGREGATE ! 2 000000 PROm,cTs•cowwAGo x2 000 000' A x COMMEAC(ALGENERALLLmtLlry CAIX402300 11/05/90 11/05/99 CLAIMS MADE Fx_1 OCCUR PERSONAL A ADV INMRY i Excluded EACH OCCURRENCE : 1 000 000 OWNER'S A CON'TRACMA-3 PROT FIRE DAMAOE (My Ia � &v) $ 100 000 LAM EAP?MY webwM ) 55,000 AUTOMOBILE LULMUTY COMW 60 SINGLE LIMB S ANY AUTO Gamy "JURY � ALL OWNED AUTOS stHEouLeo Au,or. �- Pawl) 9ODILYINJURY _ S " HIREDAVTO6 NON()WNED AUTOS (PM mciCMQ ` . Jk�Z4 of ..... .. l ` 1 PROPERTY DAMAOE s OARAOE LIABILITYY .. --A ' I' AUTO ONLY - FA ACCIDENT S OTHER THAN AUTO ONLY.- _ ANY AVID �. _,n =' i i� 0•,��, r EACHACCIDEMS 0i x _ AGGREGATE S EXCEBSLIADaLITY U�T'. �} EACHOCCLAPENCE 1 AGGREGATE S UMBRELLA FORM I OTHER THAN UMBRELLA FORM - S WORKERS COMPILNSAIJON AND �v`• 'v TORY IAMITS L A - ELEAGHACCIDENT i EMPLOYERS' LIAMLITY , P— I THE PROPRIVM• PARTNERrdFxECUITVE INCL .lA,-;- r_.L• " y EL TKSFASE .POLICY LIMIT S EL DISEASE - LA EMPLOYEE S OFRICERS ARE: pICL ?' J'' OTHER DCSCRIPTION OF OPERATFONS&Q"TIONWEHICLESMF CWL ITEMS Certificate Holder its Agents, Officers, and 1 yees are hereby nasatied Additienal insured with (respects to Clener9l L�i�ity per attached endorsement, *I0 day notice of cancellation W non --payment of premium. CERTIFICATE HOLDER. CANCELLATION. CTTYOFH SHOULD ANY OF THE ABOVE DESCRIBED POLIG1E6 D8 CANCELLZO BEFORE THE EXPIRATION DATE THEREOF. TH$ 168UINO COMPANY WILL 0112AYd0S>0 MAIL 30 DAYS WRITTEN NOTICE 10 THE CERTIFICATE HOLDER NA11116070 THE LEFT, City of Huntington Beach A�xt�O�Tm�caDAEMiL1H[e84e�AplRIMOE41QCx Attn: Mary Beth Broalren 2000 !lain Street nxtllalalvlT>a�t>iE�x1!>kHRlfl!lTmtlpeeJ11s1s0ll1arCe Huntington Ecach CA 92649 AuTHORIzeD�CSENTAT Taurus ACORD 264 (9/96) - . .. .. : . . .. ::.... `ml#CCRD COAPORATIdN:i�88 DQc-15-98 10:19A LawrgnCe Associates 949 661 4828 p_O2 POLICY NUMBER: LAWRE11 ASSOCIATES CWERCIAL GENERAL LIABILITY CALK402380 CG 20 10 10 93 CONIURCIAL UNION INSURANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS ( FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington'8each 2000 Main Street AND its Agents, Officers, and Employees Huntington Beach, CA 92648 (if no entry appears above, information required to complete this endorsement will be shown in the 0eclara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is emended to include as an insured the person or organization shown in thq Schedule, but only with respect to liability arising out of your ongoing operations performed for that in. sured. CG 20 10 10 93 Copyright, Insurance Services Qt ice. Inc.. 1992 t� J HUHnNG7GN BEAcH ~ City of Huntington Be# - . 2000 Main Street DECLARATION of NON -EMPLOYER STATUS California 92648 In .order to comply with City Council Resolution No. 97-20, you are required to provide proof of Workers' Compensation insurance. if you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to. California Workers' Compensation insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provisions of the laws requiring Workers' Compensation insurance. Applicant/Company Name: _ 1-4W eENCt Address: 32oci Z VIA C-6-47_(_C&, 54JJ Tt)&--t Ca.PtSrlV-&Qa Applicant's Signature: .�, .�. _ Date: [13a/9 L Title: ____42P1A4QT Location Signed: 5a N C PIS &AJ, O Telephone Number: 114 — Co G:1RiskMgmtlCert-Ins1WC-Wvr.Doc (Rev. 8/13/97) • CITY OF I-:[-N i NGTON BEACH APPLICATION FOR INSURANCE REQLZREME\17S WAIVER ORMODIFICATION i I. Na.*neJTide/Depam-nent of Requesting SiaffVtmb-.r T-Iaf ► P) (C>ex��l�-� 2. Date of Request l 11 4 On 3• \ane of Contractor,?errninee_ 5-- --- -- 4. Descr;puon af',A'ork to be pert"armed t L,-)u SS1�CAf r4,0- 5. Le:) g-Lh of C A T%--�e of insurance Waiver cr MoLfiicatim R•.wJe (a) L::n.6ts: (o) Ccvera-2e 7. Rerson for Rec nest for Wadver or Reducdon a Li7its Log i a -C+5y, 4( u R h. 8. Icert fy ,h- asks ,o the City if Luis ragiLesi Ir --waiver or mod if cad ons granted tJ0 Dep2:-::rnent Head eisnam:e :At,, :,-,A_ Y A �_ j (This section to be completed by rr.e Risk Vanager) Reco mum-ndauon: Approve Deny Risk Manager's Signanu: e'Da;e I 1 I (This section to be completed kv the Clty Attorne)) RPecomm-nendaUon : Approve Den. Cin• Anomey's Setul tn1 Com inrr. arp:c.- is1 F.~o,j rr :s •„va-.ver. If Settlement Ccimurmnee approval is r-:,::imd, subrr- t fom to City Attorney.s Omce ,o be placed on agenda. Recommendation: Approve Deny City Council approv [is [i 101) required for this �a;�sr. If City Council approx-21 is req ired, attach this form to the RCA after considerauo v the t1rdement Commin;e. Iris insurance waiver [is] [is not] on City Council agenda. jm p fk', a s o u6on/ n s r tq i911119 7 7 CONFIDENTIAL RECORDS Pursuant to Government Code ,§5245B b. Attorney -Client Privilege Date Title 2/2/99 Number Insurance 11'Iodification - Agreement Lawrence Associates Motion by: Jennifer McGrath Karen Fost<: Melanie Fallon to: Second by: Jennifer McGrath Vote by Signatur V. Jennife McGrath Signature Karen Foster Signature Melanie F9.11on Motion Passed r,_ =Karenster Motion Failed Melanie Fallon Yes ✓ No Yes No Yes L, No a ttymisdseticomHonr/l 2/4/98 RETURNED RCA AGENDA DATE February 16, 1999 DEPARTMENT Planning DESCRIPTION: Professional Services Contract - Lawrence Associates Your Request for Council Action is being returned for the following reason The SUBJECT does not begin with a verb, e.g. "approve" "deny", "authorize'; "acce t , "allow". indicating the type of action requested. STATEMENT OF ISSUE should be worded as a question and limited to one or two sentences. (See Agenda Process Manual Chapter 4, page 29 [� A Financial Impact Statement (FIS) is needed The RECOMMENDED ACTION should in the form of a "Motion" and include a verb indicating the type of action requested. The ANALYSIS should include additional information (See Below)* One or more attachmentls are missing (See Below)* [] Attachment pagels are needed before the attachme_nt/s _—______ _[] An exhibit callef for in an attachment is missing (See Below)*� An exhibit is not marked as such or preceded by an exhibit page (See Below)* The Contract/Agreement has not been signed by the department head _ The Contract/Agreement has not been signed by the outside party The Contract/Agreement has not been signed in full by the City Attorney The Contract/Agreement is missing Certificates of Insurance which have been approved by the City Attorney --- --------- ---- - - ---- ---- - -------- Signaturels needed (See Below)* ❑ - - --- -- - -- There is a error in the text (See Below)* 1. * Please add "Approve" to the -SUBJECT of the RCA. THANKS. 2. 214199 7•98 AM 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING DEPARTMENT SUBJECT: PROFESSIONAL SERVICES CONTRACT WITH LAWRENCE ASSOCIATES FOR PLANNING SERVICES FOR THE PALM AND GOLDENWEST AREA COUNCIL MEETING DATE: February 16, 1999 k;.if1 A CAiAT CM E NTS;' : Iiis TAT Ordinance (w/exhibits & legislative draft if applicable) Not Applicable - Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable - Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance LAperoved by the City Attomey) Not Applicable Financial impact Statement (Unbudget, over $5,000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find ings/Conditions for Approval and/or Denial Not Applicable . ..... ... . !f� RU P.. all EXPLANATI0N,F0 `�A 11MENW" F.C.MISSING �7 FORWARDED: ...:i A .. RETURNED -Administrative Staff -Assistant City Administrator (initial) City Administrator (initial) City Clerk i� ;�; i A 0 EXPL�'AW[ON'.FORi:'R-ET'U'RN°-:OF�'ITEM.! N; Ri�H' __j