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HomeMy WebLinkAboutLilley Planning Group, Inc. - 2016-03-07Dept ID PL 16-001 Page 1 of Meeting Date 3/21/2016 4WOY060 --;L __0 aUM1�=�N y o`e9. ♦�{9�t�r�.r,,r1-ems°-y .:�� QREQUEST FOR CITY COUNCIL ACTIOM . MEETING DATE. 3/21/2016 SUBMITTED TO. Honorable Mayor and City Council Members SUBMITTED BY- Fred A Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Community Development SUBJECT: Approve and authorize execution of a Professional Services Contract for As - Needed Planning Services with Lilley Planning Group, Inc in the amount of $535,000 for a three-year term, and, approve the increase in the Community Development Department's Professional Services Listing authority by $535,000 (Continued from March 7, 2016) Statement of Issue Transmitted for City Council's consideration is a request to enter into a Professional Services Contract with Lilley Planning Group, Inc to provide professional planning services on an as -needed basis, not to exceed $200,000 per year The City had a previous contract with Lilley Planning, Group, Inc for $135,000 that expired in January 2016 Financial Impact The Lilley Planning Group contract is a three (3) year contract Year one, FY15/16 - $135,000 will be funded from the remaining FY15/16 Community Development Department approved budget, account 10060201 69365 Year two, FY16/17 - $200,000 will be funded from FY16/17 Community Development Department budget and projected salary savings of $75,000 from account 10060201 55100 Year three, FY17/18 - $200,000 will be funded from the FY17/18 budget and salary savings Recommended Action A) Approve the increase in the Community Development Department's professional services listing authority by $535,000 for planning services to ensure compliance with Administrative Regulation Number 228, Section 7 1, and, B) Approve and authorize the Mayor and City Clerk to execute a Three (3) Year "Professional Services Contract Between the City of Huntington Beach and Lilley Planning Group, Inc for Professional Planning Services" in the amount of Five Hundred Thirty Five Thousand Dollars ($535,000), as prepared and approved by the City Attorney Alternative Action(s) 1 Deny the Agreement between the City and Lilley Planning Group, Inc 2 Continue the item and direct staff accordingly Analysis Applicants who submit projects to the City pay fees for these services and expect reasonable service levels When City staff can no longer meet the demands of increase development activity, these services have historically been supplemented with professional services provided by planning HB - t 09- Item 7. - I Dept ID PL 16-001 Page 2 of 2 Meeting Date 3/21/2016 consultants This approach is cost effective method of closing the gap between the demands for planning services and the ability of City staff to meet this demand On January 15, 2013, the City of Huntington Beach approved a three-year, sixty-five thousand dollar ($65,000) contract with Lilley Planning Group, Inc for Professional Planning Services Subsequently the contract was amended one time to increase the limit of the contract not to exceed $135,000 That contract has expired and it is necessary to enter into a new contract in order to meet the expected demand for planning services Currently, there is not enough staff to perform the necessary entitlement processing to meet the State Mandated Streamline Act Therefore, outside consultants continue to be used At this time, we have seen a substantial increase in activity through FY 15/16 and anticipate this increased activity to continue This increase in activity is primarily due to commercial projects along Pacific Coast Highway, Beach Blvd , and various sites throughout the city We have been utilizing professional services contract to satisfy the increase in demand for entitlement processing because there is not enough staff to perform this work Consultant Selection Process Utilizing City procurement procedures, staff solicited proposals for this project Four (4) bid responses were received Proposals were then evaluated and ranked by three (3) staff members within the Community Development Department and the Fire Department The ranking criteria included compliance with RFP requirements, technical approach, qualifications and experience of firm, key individuals and sub -consultants, clarity, local vendor preference, cost, and references The top firm Lilley Planning Group, Inc was recommended ` Lilley Planning Group Annealta Group Project Dimensions GRC Associates Senior Planner $95/hr $115/hr $160/hr -- Assistant Planner $70/hr $90/hr -- $80/hr Proposal Score 1,085 8255 715 562 5 Lilley Planning Group, Inc has supplied planning services to the City of Huntington Beach over the past three years, is well respected in the industry, and has a proven track record of providing exceptional services for the City of Huntington Beach Lilley Planning Group works exclusively for government agencies, thus they avoid having a conflict of interest with private developers Lastly, Lilley Planning Group was the least expensive of the four firms for the level of experience necessary to perform the scope of work Staff recommends the City Council approve the contract with Lilley Planning Group, Inc in the amount of $535,000 and authorize the Mayor and City clerk to execute the documents Environmental Status The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act Strategic Plan Goal Enhance and Maintain City Service Delivery Attachments) 1 Professional Services Contract Between the City of Huntington Beach and Lilley Planning Group, Inc for Professional Planning Services 2 Insurance Certificate 3 Lilley's Huntington Beach Business License 4 Bid summary, list of responses Item 7. - 2 1m -110- Dept ID PL 16-001 Page 1 of 2 /� Meeting Date 3!7/2016 C 0A7,ve.,_-3 7Z) CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/7/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Community Development SUBJECT: Approve and authorize execution of a Professional Services Contract for As - Needed Planning Services with Lilley Planning Group, Inc in the amount of $535,000 for a three-year term, and, approve the increase in the Community Development Department's Professional Services Listing authority by $535,000 Statement of Issue Transmitted for City Council's consideration is a request to enter into a Professional Services Contract with Lilley Planning Group, Inc to provide professional planning services on an as -needed basis, not to exceed $200,000 per year The City had a previous contract with Lilley Planning Group, Inc for $135,000 that expired in January 2016 Financial Impact The Lilley Planning Group contract is a three (3) year contract Year one, FY15/16 - $135,000 will be funded from the remaining FY15/16 Community Development Department approved budget, account 10060201 69365 Year two, FY16/17 - $200,000 will be funded from FY16/17 Community Development Department budget and projected salary savings of $75,000 from account 10060201 55100 Year three, FY17/18 - $200,000 will be funded from the FY17/18 budget and salary savings Recommended Action A) Approve the increase in the Community Development Department's professional services listing authority by $535,000 for planning services to ensure compliance with Administrative Regulation Number 228, Section 7 1, and, B) Approve and authorize the Mayor and City Clerk to execute a Three (3) Year "Professional Services Contract Between the City of Huntington Beach and Lilley Planning Group, Inc for Professional Planning Services" in the amount of Five Hundred Thirty Five Thousand Dollars ($535,000), as prepared and approved by the City Attorney Alternative Action(s) 1 Deny the Agreement between the City and Lilley Planning Group, Inc 2 Continue the item and direct staff accordingly Analysis Applicants who submit projects to the City pay fees for these services and expect reasonable service levels. When City staff can no longer meet the demands of increase development activity, these services have historically been supplemented with professional services provided by planning consultants This approach is cost effective method of closing the gap between the demands for planning services and the ability of City staff to meet this demand Item 10. - 1 HB -204- Dept ID PL 16-001 Page 2 of 2 Meeting Date 317/2016 On January 15, 2013, the City of Huntington Beach approved a three-year, sixty-five thousand dollar ($65,000) contract with Lilley Planning Group, Inc for Professional Planning Services Subsequently the contract was amended one time to increase the limit of the contract not to exceed $135,000 That contract has expired and it is necessary to enter into a new contract in order to meet the expected demand for planning services Currently, there is not enough staff to perform the necessary entitlement processing to meet the State Mandated Streamline Act Therefore, outside consultants continue to be used At this time, we have seen a substantial increase in activity through FY 15/16 and anticipate this increased activity to continue This increase in activity is primarily due to commercial projects along Pacific Coast Highway, Beach Blvd , and various sites throughout the city We have been utilizing professional services contract to satisfy the increase in demand for entitlement processing because there is not enough staff to perform this work Consultant Selection Process Utilizing City procurement procedures, staff solicited proposals for this project Four (4) bid responses were received Proposals were then evaluated and ranked by three (3) staff members within the Community Development Department and the Fire Department The top firm Lilley Planning Group, Inc was selected Lilley Planning Group, Inc has supplied planning services to the City of Huntington Beach over the past three years, is well respected in the industry, and has a proven track record of providing exceptional services for the City of Huntington Beach Lilley Planning Group works exclusively for government agencies, thus they avoid having a conflict of interest with private developers Lastly, Lilley Planning Group was the least expensive of the four firms for the level of experience necessary to perform the scope of work Staff recommends the City Council approve the contract with Lilley Planning Group, Inc in the amount of $535,000 and authorize the Mayor and City clerk to execute the documents Environmental Status The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act Strategic Plan Goal Enhance and Maintain City Service Delivery Attachment(s) 1 Professional Services Contract Between the City of Huntington Beach and Lilley Planning Group, Inc for Professional Planning Services 2 Insurance Certificate 3 Lilley's Huntington Beach Business License 4 Bid summary, list of responses xs -205- Item 10. - 2 Cr � _ _ x �i PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LILLEY PLANNING GROUP, INC FOR PROFESSIONAL PLANNING SERVICES 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 LILLEY PLANNING GROUP, INC, a California corporation hereinafter referred to as "CONSULTANT " WHEREAS, CITY desires to engage the services of a consultant to provide professional planning services, and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 03, relating to procurement of professional service contracts have been complied with, and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows 1 SCOPE OF SERVICES CONSULTANT shall provide all services as described in E x h i b i t " 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 Amy Vazquez who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement agree/ surfiiet/profession al Svcs mayor I Of 11 10/12 3 TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT are to commence on j�q�,j , 20/(0 (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 E xh I bit " A " shall be completed no later than six months from the Commencement Date The time for performance of the tasks identified in E x h I b I t" A" are generally to be shown in E x h l b l t" A" This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein 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 E xh I b It " B, " which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed five hundred thirty five thousand Dollars ($535,000) 5 EXTRA WORK In the event CITY requires additional services not included in Exhibit " A " or changes in the scope of services described in E xh I b it " A, " CONSULTANT will undertake such work only after receiving written authorization from CITY Additional 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 E xh I b I t " B " agree/ surfneUprofessional Svcs mayor 2 of 11 10/12 7 DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first These materials may be used by CITY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT 9 PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars agree/ surfnet/professional sves mayor 3 of 11 10/12 ($1,000,000 00) per occurrence and in the aggregate The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY, however an insurance policy "deductible" of Ten Thousand Dollars ($10,000 00) or less is permitted 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 If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY 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 agree/ surfnet/professional svcs mayor 4 of 11 10/12 A provide the name and policy number of each carrier and policy, B state that the policy is currently in force, and C shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice, however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required 11 INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY CONSULTANT shall secure at its own cost and expense, and be responsible for any and 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 agree/ surfnet/professtonal svcs mayor 5 of 11 10/12 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT 13 ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 heremabove 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 heremabove) 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 agree/ surfnet/professional svcs mayor 6 of 11 10/12 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U S certified mail -return receipt requested TO CITY City of Huntington Beach ATTN Scott Hess 2000 Main Street Huntington Beach, CA 92648 17 CONSENT When CITY's consent/approval TO CONSULTANT Lilley Planning Group, Inc Amy Vazquez 135 South State College Blvd, Suite 200 Brea, CA 92821 (714) 914-5605 is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 19 SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/ surfnet/professional svcs mayor 7 of 11 10/12 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 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 agree/ surrfnedprofessional svcs mayor 8 of 11 10/12 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 parry 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 SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn 28 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 agree/ surfnet/professional sves mayor 9 of 11 10/12 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 29 EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council This Agreement shall expire when terminated as provided herein IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers agree/ surfnet/profession al svcs mayor 10 of 11 10/12 CONSULTANT, Lilley Planning Group, Inc COMPANY NAME B print name ITS (clrcle one) Chairm4E91 ice President AND print name ITS (clrcle one) Secretary/Chief Financial Officer/Asst Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California /1 i)Aw! r - 44 ,� , Cily Clerk INITIATBDInnAND/hPPROV ED Scott Hess City Attorney agree/ surfnet/professional Svcs mayor 11 of 11 10/12 EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) To provide on call planning services for the Planning Division Specifically, entitlement processing and other miscellaneous planning duties as may be assigned B CONSULTANT'S DUTIES AND RESPONSIBILITIES See Attached Scope of Work C CITY'S DUTIES AND RESPONSIBILITIES 1 Consultant will function as extension of staff 2 The City of Huntington Beach Department of Community Development will be the lead agency for all assigned D WORK PROGRAM/PROJECT SCHEDULE Not applicable EXHIBIT A 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 Planning Principal Senior Planner Associate Planner Assistant Planner Planning Technician B Travel Charges for time during travel are not reimbursable C Billing $120 00/hour S `� $ 95 00/hour $ 80 00/hour $ 70 00/hour $ 50 00/hour 1 All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it 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 project 3 A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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 4 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 1 Exhibit B 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 E xh I b It " A " may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein 5 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 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1 CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein to accordance with the following progress and payment schedules 2 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 3 CONSULTANT shall submit to CITY an invoice for each monthly progress 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 E x h i bit " A " may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein 4 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 Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LILLEY PLANNING GROUP, INC FOR PROFESSIONAL PLANNING SERVICES Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term, Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 _ _ _ ,.. � _ __ _ i- --' ..- -�-- �iC -- '_ - __ - � ... 1 �� i 0 CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDIYYYY) 2r2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to'the certificate holder in lieu of such endorsement(s) PRODUCER Risk Strategies Company 2040 Main Street, Suite 450 Irvine, CA 92614 CNAME ONTACT strata ies Com an PHONE 949-242 9240 FAX No) E-MAIL ADDRESS Oun Qnsk-strat ies com INSURERS AFFORDING COVERAGE NAIC If INSURER A Citizens Insurance Company of America 31534 www risk -strategies com CA DOI License No OF06675 INSURED L)Iley Planning Group Inc. 135 South State College Blvd , Suite 200 Brea CA 92821 INSURER B Hanover American Insurance Com a 36064 INSURER C Continental Casualty Company 20443 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 2B399631 REVISION NUMBER - THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTA TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF fMwOONYYY1 POLICY EXP (MM(DI2/YYYYI LIMITS A ,/ COMMEACIAL GENERAL LIABILrTY CLAIMS -MADE OCCUR OB3A792452 11/1/2015 11/1/2016 EACH OCCURRENCE $ $2,000,000 DA AGE TO NTED PRE' ES Ea occurrence S— $1,000,000 MED EXP (Any one person) S $5,000 PERSONAL & ADV INJURY $ $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY ✓� JECT � LOC OTHER GENERAL AGGREGATE S $4,000,000 PRODUCTS -COMPrOPAGO $ $4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED ✓ HIRED AUTOS ✓ AUTOS 0133A792452 11/1/2015 11/1/2016 COM(EaaBGNSINGLE LIMIT $ $2pp0400 BODILY INJURY (Per person) $ BODILY INJURY (Per scadent) S PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE — — $ DED I I RETENTIONS $ B woRKERscoMPENsA-noN AND EMPLOYERS LIABILITY ANY PROPRIETOPJPARTNERIEXECUTIVE YF OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, desenbe under DESCRIPTION OF OPERATIONS below N/A WZ3A792441 11/1/2015 11/1/2016 ✓ PER OTH- STATUTE ER El EACH ACCIDENT $ $1,000,000 E.L DISEASE - EA EMPLOY $ $1,000,000 E L DISEASE - POLICY LIMIT $ $1,000,000 C Professional Liability MCH591894202 10/19/2015 10/19J2016 Per Claim $2,000,000 Aggregate $2,DO0,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarka Schedule, maybe attached if more space is required) Projects as on file with the,insured including but not limited to Staffing Services APPROVED AS TO FORM CERTIFICATE HOLDER CANCELLATION Celt Huntington Beach - Planning & Building SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of ln g y Q THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN , Attn. Jane James, Acting Planning manager ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE ,Michael Christian 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014l01) The ACORD name and logo are registered marks of ACORD Item 10. _ 19 apA-WC-PL (ReVlaed 12-17-2015) 1 Sherry Young 1 3/2/ HB N (PST) I Page 1 of 1 I -- : +q% $ « ! e § 2: w & » � - _ ,� { � « y. ;v - � ^ �� :ƒ§: t� } t /�\ ~_ ~ \�{ / » .r. « � _ . � I p � _y - . \ «> e T �, ( « , \ { a � { P � k ® � J a } \����� w a.e<�»«/ # $ /�E� 1SIN '� rn U _ S yCF�UUNFt Gn�\�� City of Huntington Beach Business License 714 536-5267 FAX 714 536-5934 Lori Ann Farrell Director of Finance LILLEY PLANNING GROUP INC 135 SOUTH STATE COLLEGE BLVD #200 BREACA 92821 Dear Business Owner PO Box 190 California 92648 RECEIVED Dept Of Planning & Building Thank you for your payment Attached is your City of Huntington Beach Business License Please note that approximately one month prior to the license expiration date, you will be mailed a renewal notice for the coming year If for any reason your renewal notice does not arrive, you are still responsible to renew and pay your business license amount prior to the expiration date You will incur penalties if this payment is not received by the expiration date Please post the business license in public view If you do not transact business from a fixed location within the city, you must carry this license with you at all times Your business vehicle should also carry this license, and the license plate number of the vehicle(s), if applicable, should match the one on the business license Please notify Business License if there are any changes of ownership, address, business name, business vehicle, or type of business conducted Additionally, please notify the city if you discontinue your business If your business is operated in a commercial, retail, or industrial location, you will need to contact the Planning and Building Department regarding the requirement for a Certificate of Occupancy For additional questions or information on this matter call 714-536-5271 The Planning and Building Department is located on the 3rd floor of City Hall There are many resources available to our licensed business people We have listed a few that might be of interest and assistance to yo'i City of Huntington Beach Economic Development Department - 714-536-5582 Huntington Beach Chamber of Commerce - 714-536-8888 Huntington Beach SCORE (Service Corps of Retired Executives) - 714-550-7369 Fictitious Business Name Information - 714-834-2889 State Board of Equalization (seller's Permit information) - 949-440-3473 If you have any questions, please call a Business License representative at 714-536-5267 City Of Huntington Beach Business License Business Name / Service Address LILLEY PLANNING GROUP INC License Type Professional / Other Services Owner / Corporation LILLEY PLANNING GROUP INC THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON -TRANSFERABLE RENEWAL IS , DUE ON OR BEFORE THE EXPIRATION DATE PC HB -223- IC VIEW License Number A295101 Effective Date - 01 /01/2016 Expiration Date 12/31/2016 Amount Paid $117 60 11 ATTACHMENT #4 Vendors Response List to UP -Planning Services Annealta Group 6471 Glenfox Drive Huntington Beach, CA 92647 Tim D'Zmura tdzmura@annealtagroup.com Project Dimensions 4 Park Plaza, Suite 700 Irvine, CA 92614 George Peterson icon k@proiectdimensions.com Lilley Planning Group, Inc. 135 Southe State College Blvd., Suite 200 Brea, CA 92821 Amy Vazquez amv@lelleyplannmg.com GRC Associates 858 Oak Park Road Covina, CA 91724 John Oshimo ioshimo@grcassoc.com Item 10. - 21 NB -224- City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk March 22, 2016 Lilley Planning Group, Inc Amy Vazquez 135 South State College Blvd , Ste 200 Brea, CA 92821 Dear Ms Vazquez Enclosed for your records is a duplicate original of the "Professional Services Contract Between the City of Huntington Beach and Lilley Planning Group, Inc for Professional Planning Services" Sincerely, Joan L Flynn City Clerk JF pe Enclosure Sister Cities Anjo, Japan ♦ Wartakere, New Zealand