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HomeMy WebLinkAboutMichael Brandman Associates - 2008-12-22Council/Agency Meeting Held: / &111 Deferred/Continued to: 4Appr ed ❑ Conditionally Approved ❑ Denied i CI k's Sig ature Council Meeting Date: December 19, 2011 Department ID Number: POL 2011-08 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve and authorize execution of an Amendment to the Professional Services Agreement with Michael Brandman Associates for Preparation of CEQA Documents for the Lamb School Site Statement of Issue: This is a request to extend an original agreement with Michael Brandman Associates, beyond the three year Municipal Code limit, for an additional two years and request additional compensation in the amount of three thousand five hundred dollars ($3,500) for a new total contract not to exceed Seventy Four Thousand Three Hundred Twelve Dollars ($74,312.00). Financial Impact: An appropriation of $3,500 from the General Fund to the Planning and Building Department Professional Services Account, 10060201.69365 is required. These funds will be offset by a reimbursement agreement with the developer of the project, TRI Pointe Homes, LLC. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute the "Amendment #1 to Agreement Between the City of Huntington Beach and Michael Brandman Associates for Preparation of CEQA Documents for the Former Lamb School Site" to increase the contract amount by $3,500 to a total contract amount of $74,312.00 and extend the contract term beyond the three year Municipal Code limit to terminate on December 22, 2013 due to unique circumstances that make rebidding the project impractical; and, B) Approve an appropriation of $3,500 from the General Fund to the Planning and Building Department Professional Services Account 10060201.69365 for the Professional Services contract between the City and Michael Brandman Associates, which is funded by a reimbursement agreement. Alternative Action(s): The City Council may make the following alternative motions: 1. "Deny the Amendment." 2. "Continue the Amendment and direct staff accordingly." Item 23. - I HB -604- REQUEST FOR COUNCIL ACTION MEETING DATE: 12/19/2011 DEPARTMENT ID NUMBER: POL 2011-08 Analysis: On December 22, 2008, the City of Huntington Beach entered into an agreement with Michael Brandman Associates for the preparation of CEQA documentation for the former Wardlow School Site. Michael Brandman Associates was selected in accordance with the Municipal Code and Administrative Regulations pertaining to professional services agreements. The work was not completed as a result of the real estate recession and credit crisis as Ranco Huntington, the previous purchaser of both the Wardlow and Lamb properties, lost its equity partner. TRI Pointe Homes, LLC is the new developer and has initiated start up of the original request. Staff is requesting that City Council approve the extension of the contract beyond the three- year professional service requirement without rebidding. The consultant has already invested some time and effort into the project and it is projected to go beyond the existing termination date of December 21, 2011. In addition, due to aspects of the project, an additional $3,500 is needed to cover the consultant's costs. A summary of the contract amount is provided: Original Contract $70,812 Additional Funds Requested and to be Appropriated 3,500 $74,312 A companion request for City Council action includes a reimbursement agreement with TRI Pointe Homes, LLC to cover the full cost of services from the consultant. Environmental Status: Projects over which public agencies exercise ministerial authority, such as this agreement contracting for preparation of environmental documentation, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): HB -605- Item 23. - 2 ATTACHMENT 1 Item 23. - 3 HB -606- AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL BRANDMAN ASSOCIATES FOR PREPARATION OF CEQA DOCUMENTS FOR THE FORMER LAMB SCHOOL SITE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City", and MICHAEL BRANDMAN ASSOCIATES, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated January 21. 2009, entitled "Professional Services Contract Between the City of Huntington Beach and Michael Brandman Associates for Preparation of the CEQA Documents for the Former Lamb School Site" which agreement shall hereinafter be referred to as the "Original Agreement," and Since�execution of the Original Agreement, the Lamb School site Project became delayed and Consultant was unable to complete the Scope of Services set forth therein; and City and Consultant wish to amend the Original Agreement to extend the term and to increase the compensation to cover the extended term, NOW, THEREFORE, it is agreed by City and Consultant as follows: ADDITIONAL 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 the Original Agreement, an additional sum, including all costs and expenses, not to exceed Three Thousand Five Hundred Dollars ($3,500.00). This additional sum shall be added to the original contract amount of Seventy Thousand Eight Hundred Twelve Dollars ($70,812.00), for a new total contract amount not to exceed Seventy Four Thousand Three Hundred Twelve Dollars ($74,312.00). 2. EXTENDED TERM The term of the original agreement is extended to December 22, 2013 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 11-3097/72410 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ASSOCIATES print name ITS: (circle one) Chairma Presiden Vice President print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIE ND APPROVED: &I Manager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ity Clerk f ��'ts� INITIATI1 AND APPROVED: DirectoiJof P1atining and Building APPROVED -AS TO FORM: 2 City Attorney I 1-3097/72410 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on MICHAEL BRANDMAN ASSOCIATES CITY OF HUNTINGTON BEACH, a COUNTERPART municipal corporation of the State of California print name ITS: (circle one) Ch in an/ esident/Vice President By; sJas Bran m n print name S: circle one) ecretaPre Chief Financial Off, er/Asst. Secretary -asurer REVIEWED AND APPROVED: Mayor Clerk INITIATIUD AND/APPROVED: of Pla'iining and Building APPROVED AS TO FORM: City Manager ✓City Attorney t �t (mil u�rl 2 11-3097/72410 Professional ServiceApproval Form mm1 Amendment 1. Date Requested: 10/19/11 2. Contract Number to be Amended: PLN00806300 3. Department: Planning and Building 4. Requested By: Debra Gilbert 5. Name of Consultant: Michael Brandman Associates 6. Amount of Original/Prior Contract: $70,812 7. Additional Compensation Requested: $3,500 8. Original Commencement Date: 12/22/2008 9. Original Termination Date: 12/22/2011 10. Extended Date Requested: 12/22/2013 0CI 2 5 L'101i 11. Reason for Contract Amendment: Work was supsended due economic conditions, funds carried over into FY11/12. Contract is funded by a reimbursment agreement 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: 10060201.69365 nt Head Signature Director of Finance (or designee) Signature { ACO •PRODUCER THIS:CERTIFICATE IS"ISSUED''AS.A'fl�ATTER':OF:IN,FORMATION Dealey, Renton & As'sociates ONLY AND CONFERS .NO RIGHTS UPON 'THE, CERTIFICATE P. 0. Box 10556 n Sata Ana CA 92711-0550 HOLDER. THIS CERTIFICATE DOES. NOT ,AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY, THE POLICIES BELOW. I146IIE2ERS AFFORDINGZOVE GE INSURED; >.chaeh.. Brandm do AsSOclatF:9 220 'CommEYC2 Center `#,200 Irvine CA 92602 � INSURERA TraVelers Pra ert� , Ca'sualty- Co Of .Ameri ANSURERS: u. . S EC7:3ItX .Insurance Compahy INSURER C:Tr uel'ers Indemnit Ca. of Connecticut :: Aty— _ ;INSURER D: INS URERE: HE -POLICIES"�OF INSURANCE_ ,LISTED" BELOW. HAVE BEEN ISSUED' TO :THE-. INS,URED NAMED:, ABOVE FOR T14B `POLICY PERIIOD 'IND'ICATED. OTWITHSTANDING ANY REQUIREMENT,, TERM OR CONDITION OF,ANY"CONTRACT OR OTHER DOCUMENT WITH RESPECT TO, WHICH THIS ERTIFICATE MAY BE,ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 'POLICIES DESCRIBED HEREIN IS SUBJECT'TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES'. AGGREGATE LIMITS SHOWN MAY HAVE.BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION - DATE fMMtDD1YY1 DATE IMNMDMI LIMITS C GENERAL LIABILITY 6806083L204 11/15/2011 11/15/2012 EACH OCCURRENCE $1 0001000 "FIRE DAMAGE (Any one fire) . $1 000 00.0 X, COMMERCIAL GENERAL LIABILITY CLAIMS MADE R OCCUR MED:EXP`(Ady.one person) $10 i.000 X PERSONAL&ADVINJURY $1. 00.0 - 000 ontractual -GENERAL AGGREGATE $ �"-()_",_a10 Liab GENT AGGREGATE 64T APPLIES PER: PRODUCTS 7 COMPIOP AGG $2 ,0 0 0 0 O _ ..._.�...__.._.._...._ . .,...n PRO ... — -LOC- -.. , _ ....._ _ .... _ ... _....., ... _. C AUTOMOBILE X LIABILITY ANY: AUTO BA6 0?-_8 L'716 11 / 15 / 2 011 " 11 / 15:/2 012 COMBINED SINGLE LIMIT " (Ea accident) $1, d"O 0 , O Q.O BODILY INJURY- (Per person} $ 'ALL OWNED AUTOS" SCHEDULED'AUTO$ ccutent).- (BPO aD q! #nl),: _. ... X HIRED:AUTOS NON -OWNED AUTOS PRDPERTY DAMAGE; . -_.. _ .. ... _.... _.. GARAGE LIABILITY AUTO ONLY ',-EA ACCIDENT -$ OTHER THAN EA'ACG: AUTO'ONLY: AGG' '$ _ $ ANY AUTO; P� A�G+J. . VIED'F'►V `F,B ' •EXCESS,LIQBILITY " OCCUR: "CIAIMS''MADE ':,. �T `tJl'1.:. CCp T� I Cj 6F ;. EACH OCCURRENCE:" AGGREGATES i$ �i�°" .�'J v "` �- �:/(/ /,;�'• $$ DEDUCTIBLE _f :$ RETENTION "$ _ A' WORKERS COMPENSATION AND U91427T762 11./15/2011 11/15/2012 X WCBTATU _ OTH- EMPLOYERS'r LIABILITY= --' E.L. EACH ACCIDENT $1 000, 000. E.L. DISEASE - EA EMPLOYE $1 0 0 0 0 0 o E.L. DISEASE- POLICY LIMIT -$ ' - B OTHER .. Professional Liability USS1122372 11/15/2011 11/15/2OT2 - PerClaim-$2,000.,000 Annual.Aggr. $2,000,.060 Claims Made DESCRIPTION OF OPERATIONS/L ICLESIEXCLUSIONS,ADDED BY ENDORSEMENT/SPECIAL PROVISIONS policy ;excludes claims. arising "out of the, performance of professional services.. e i Wardlow & Lamb'Former School.S_ites under. The, City of Huntington Beach, its "officers, elected or appointed officials„ employees are additional, insured as 'as requiredof swritten contract. Primary,and' Non-Contrrbutori Applies to ;general P 9 liability H Y ,g eneral and auto �spectp to y qu y anon a la es to workers compensation, as xequired.;.by written contract. 11 GEFC(IF1t;A 1 E KULUCK I I ADDITIONAL INSURED: INSURER LETTER: GANVGELLA7IUNV 10 D - PayMent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES; BE, CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE,ISSUING INSURER City Of Huntington Beach ILL'ENDEAVOR TO`:MAIL 30.DAYS WRITTEN NOTICE TO.THE Attn: Radii Ta11eh CmIFICATE HOLDER NAMED TO THE -'LEFT, BUT-FAILURE;TO,DO 50 2000 Main. Street SHALL"IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Huntington Beach CA,92648 THE'INSURER, ITS AGENTS OR: REPRESENTATIVES. -AUTHORUED REPRESENTAT y .. A - _ _ AL �CONTRACTS UBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Michael Brandman Associates Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Preparation of CEO.A Documents for the former Lamb School Site Amount of Contract:. $70,812.00 Copy of contract distributed to: The oriainai insurance certificate/waiver distributed to Risk Management ❑ Initiating Dept Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ dA,,Ujz4j Date: ° m Exten on City Atto rney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal KB -613- Item 23. - 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Michael Brandman Associates FOR Preparation of CEQA Documents for the former Lamb School Site Table of Contents Scopeof Services...............................................................---........................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless ..................................................... ....................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents..............................................7 City Employees and Officials...............•--................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification................................................................................................... 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal..............................................................................................-....9 Immigration.........................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney"s Fees...............................•...................------.................------..........................10 Survival........................... :.................. ........................ ..............................................10 GoverningLaw.........................................................................................................10 Signatories...................................•---..........................................................................10 Entirety.....................................................................................................................10 Effective Date .............. .....11 .............................................................. Item 23. - 11 HB -614- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Mi rhael Rrandm;gn AsSnritaa_s FOR Preparation of the CEQA documents for the former Lamb School Site 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 Mj,j,aal Rran�i:nan bcanriarP�a corpor n hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare the CEQA documents for the o mPr iamb ;and School Site Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter he referred to as the "PROJECT." CONSULTANT hereby designates Thomas l• _ Holm who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement agree! surf rcUprofecsional secs 50 to ] 00 12-07 1 HB -615- Item 23. - 12 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TINM OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on December 22 , 20 08 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later thannece�1T—aAI� . from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 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 Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Seventy Thousand Eight Hundred Twelve Dollars ($ 70 , 812.00 �• 5. EXTRA FORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/ surfnet/prafessional secs 50 to 100 12-07 2 Item 23. - 13 xB -616- compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARNII,ESS 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 Iitigation 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 CONSUL �TANT's counsel. This indemnity shall ag mj surfnet/professiond svcs 50 to 100 i2-07 3 HB -61 7_ Item 23. - 14 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 CONSULTAN 's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 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 agreel surfnet/professioml sves 50 to 100 12-07 4 Item 23. - 15 xB -618- 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: 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_ agree! surfnetlprof6wianai svcs 50 to 100 12-07 5 HB -6 19- Item 23. - 16 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which. shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. Wee/ surfaeOprofessionei secs 50 to 100 12-07 b Item 23. - 17 HB -620- 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 CONSULTANTS agent (as designated in Section I hereinabove) or to CITY as the situation shall v,,arrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Rami Talleh 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 ATTN: Thomas F. Holm agree! smfnet/professionai secs 50 to 100 12-07 7 HB -621- Item 23. - 18 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act agree/ sudnevprofessional Svcs 50 to 100 12-07 $ Item 23. - 19 HB -622- contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/ surinei/professional svcs 54 to 100 12-C7 9 HB -623- Item 23. - 20 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. 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 event that such authority or power is CONSULTANT's Initials 28. ENTIRETY The parties for any injuries or damages to CITY in the fact, held by the signatory or is withdrawn. and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that agree( surfnet/professional secs 50 to 100 12-07 10 Item 23. - 21 xB -624- 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 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, o01"ANYxANE By ?. l" print name ITS: (circle o ecretary/ ' fFinancial O icer/Asst_ Secretary — Tre agree! M rfnevprofessiond Svcs 50 to 100 12-07 l 1 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California I A APPROVED AS TO FORM: C-- City Atto ey C- Date _� HB -625- Item 23. - 21 A. STATEMENT OF WORK: (Narrative of work to be performed) Consultant shall prepare the requisite California Environmental Quality Act (CEQA) documentation for the former Lamb School site, located at 10251 Yorktown Avenue in the City of Huntington Beach. The level of review is anticipated to be a Mitigated Negative Declaration. Analysis shall generally follow Consultant's proposal dated December 2, 2008. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Project Initiation/Kick-Off Meeting. This task provides an opportunity for MBA to receive information from the City and Applicant to initiate the project and discuss the details of the proposed project, the approach to the environmental documentation and neighborhood/agency consultation. As a follow up to project initiation, Consultant will directly consult with other identified responsible regional or local agencies specifically identified by the City for early consultation. 2. Peer Review of Geotechnical Investigation, Liquefaction Evaluation and Hydrology Analysis. Consultant will provide a peer review of the geotechnical investigation, liquefaction evaluation and hydrology analysis prepared for the proposed project by the applicant's civil engineer. Consultant will provide a letter that includes our findings of adequacy for each analysis for use in the CEQA document. Surfnet Exbibit A Item 23. - 23 HB -626- 3. Draft Initial Study. Consultant will prepare a Draft Initial Study (IS) in accordance with CEQA Guidelines (Section 15063) and established City Checklist format. The narrative discussion will identify the significance of the project's potential effect on each environmental topic identified on the CEQA checklist and the requirements set forth by the City of Huntington Beach. 4. Proposed Mitigated Negative Declaration. Upon receiving comments on the Draft Initial Study, Consultant will respond to the comments, revise the Initial Study, and provide 40 bound copies of the Proposed Mitigated Negative Declaration and 25 technical appendices to the City. In addition, copies will be sent to the State Clearinghouse and to County, and responsible agencies, as required. Consultant will provide a draft version of the distribution list for review and approval by City staff. Consultant will distribute the Proposed ]AND for public review. Consultant assumes the City will place the Notice of Intent to Adopt in the local newspaper. A 30-day public review period is assumed_ Response to Comments. The City will transmit any written public comments to Consultant, along with a record of verbal comments received during the Public Information Meeting. Consultant will review and prepare responses to all substantive comments received during the public review period. Responses within this proposal's scope of work and budget consist of explanations, elaborations, or clarifications of the data contained in the draft MND. Ten copies of the draft responses to comments will be submitted to the City for review and approval for Consultant to distribute responses to comments to all commenting parties in advance of the public hearing. 6. Final Mitigated Negative Declaration. Forty bound copies of the final MND (Draft MND plus Responses to Comments) plus one unbound, reproducible copy will be submitted to Suifnet Exhibit A HB -627- Item 23. - 24 the City. In addition, Consultant will provide an electronic copy of the final MND formatted in Microsoft Word and Portable Document Format (PDF). 7. Mitigation Monitoring Program. A mitigation monitoring program (NOvIP) will be prepared, if necessary, for adoption at the time of the CEQA findings. The MMP will be designed to ensure compliance with adopted mitigation requirements during project implementation. In coordination with City staff, Consultant will prepare the MMP for mitigation measures that address significant impacts or are adopted as conditions of approval. The program will be designed to fit into the City's existing entitlement and project review process. Consultant will coordinate with City staff to refine MMP content and format, prior to preparing the Draft MMP. After review and comment on the Draft MMP, Consultant will revise the MMP according to the comments provided, and will submit the final MMP. 8. Management and Meetings. Project Manager will ensure the project is running on time and within budget, documents prepared in support of the project are technically correct and legally project manager will provide management liaison among the project team and communication of issues, transmittal of comments, financial management (i.e., project management matters. be present at meetings and hearings to develop an understanding of the comments and concerns, to be available to answer questions on environmental presentations on the MND. Consultant will attend the following meetings as part * Three (3) Meetings with City staff (and Applicant, as appropriate) ® Scoping Meeting (1) (if desired by City) • Public Information Meeting (1) (during public comment period) Planning Commission. Study Session/Public Hearing (2 total) of this task, Surfuet Ddibit.A Item 23. - 25 HB -628- As part of this task, Consultant will prepare draft staff reports and meeting minutes for public meetings to consider the proposed NIND. The Principal will be available to facilitate meetings with regard to CEQA process and presentation of findings. Additional meetings or hearings will be attended on a time and materials basis according to Exhibit B Rate Schedule. 9 CEQA Notices. Consultant will prepare the draft Notice of Availability (NOA) and Notice of Completion (NOC) and will distribute such notices to the State Clearinghouse, City and specified responsible agencies, as required pursuant to the approved distribution list. The City will distribute CEQA notices locally. After approval of the HIND and the project, a Notice of Determination (NOD) will be required to be filed with the County of Orange Recorder's Office within five days of approval of the project. Consultant will prepare the NOD and will submit it to the City for review and signature prior to filing it with the Recorder's Office. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. City will make payments in a timely manner 2. City will provide documents and other requested information in a timely manner D. WORK PROGRAM/PROJECT SCHEDULE: To begin upon notification from the City. Schedule to be determined. Surfhet Exbibit A HB -629- Item 23. - 26 Payment Schedule (.fixed Fee Payment) I . CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. Principal: $220/hr Senior Project Manager: S 150/hr Sr. Scientist —Noise: $140/hr Sr. Scientist — Air Quality: $135/hr Environmental Planner: $85/hr GISIGraphics Specialist: $85/hr Technical Editor: $95/hr Word Processing/Admin Asst: $75/hr 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 Finn 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 CI7`Y_ Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in ATiting of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the 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. Surfnet Exhibit S EXHIBIT B Fixed Fee Payment Item 23. - 27 HB -630- Wardlaw & Lamb School EIRs Due October 29, 2008 Templeton Planning Group 1470 Jamboree Road, Suite 200 Newport Beach, CA 92660-6202 949 718-0640 Hogle-Ireland 2860 Michelle Drive, Suite 100 Irvine, CA 92606 949 553-1427 ESA. 707 Wilshire Boulevard, suite 1450 Los Ahgeles, CA 90017 213 599-4300 Michael B=dman Associates 621 East Carnegie Drive, Suite 100 San Bernardino, CA 92408 909 884-2255 HB -631- Item 23. - 28 J1 CTY OF HUNTINGTON BEACH HUNTINGTON BEACH --EQUEST FOR PROPOSAL TO PREPARE ENVIRONMENTAL ANALYSIS FOR THE FORMER LAMB SCHOOL SITE PROJECT DATE OCTOBER 7, 2008 DISTRIBUTED BY. CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT 2000 MAIN STRM HUNTINGTON BEACH, CA 92648 (714) 536-5271 Item 23. - 29 H -632- TABLE OF CONTENTS TITLE PAGE I INTRODUCTION 1 1.1. Background 1 1.2. Project Objectives 1 1.3. Role of Consultant 1 11 PROJECT BACKGROUND 2 2.1 Project Description 2 2.2 Site Background 2 III SCOPE OF SERVICES 2 3.1 Environmental Documentation 3 3.2 Content and Submission of Proposals 4 3.3 Schedule 5 3.4 Meeting Attendance 5 3.5 Deliverables 5 IV BUDGET 6 4.1. Insurance/Indemnification Requirements 7 V SELECTION PROCESS 7 5.1 Evaluation Criteria 7 5.2 Interviews 8 5.3 Recommendation to City Administrator 8 5.4 Disclaimer 9 VI PROPOSAL SUBAWTAL DEADLINE 9 VII CONTACT 10 VM ATTACHMENTS 10 xB -633- Item 23. - 30`. I. Introduction 1.1 Background The City of Huntington Beach is seeking proposals from qualified consultants who are interested in being considered to prepare the environmental review for the former Lamb School site. It is anticipated that the level of analysis will be a Mitigated Negative Declaration. The consultant team must have demonstrated experience in processing environmental documentation pertaining to low density residential projects and have experience working with affected regional agencies. The City of Huntington Beach Planning Department will be the lead agency pursuant to the California Environmental Quality Act The environmental consultant selected will have the primary responsibility of preparing the environmental documentation necessary for processing the project and must have adequate technical ability and resources to prepare the environmental documents in a timely manner. The consultant will also be responsible for participating in study sessions and public hearings needed to prepare and adopt the documents. 1.2 Project Objectives The key objective in undertaking this project is to analyze the potential environmental impacts associated with this project. 1.3 .Role of Consultant The role of the consultant is to be an extension of the City's staff. The consultant(s) are expected to keep an open dialogue and to work closely with staff' in completing all project objectives. As an extension of staff, the consultant will be expected to function in the following capacities: a Provider of technical information and unbiased recommendations o Provider of solutions to potential conflicts a Public educator of the CEQA process o Solicitor of public input o Organizer, facilitator & consensus builder o Available to City staff via phone, electronic mail, fax, meetings, etc. o Preparer of environmental documents, letters, memos, applications, meeting minutes, staff reports, etc. o Presenter of CEQA issues, staff reports, etc. -1- (g:lEnv--un PPt-4dwe) Item 23. - 31 HB -634- H. Project Background 2.1 Project Description The project proponent, Ranco Huntington Investments, LLC, proposes to develop 61 single-family units on a 14.25-acre site located at 10251 Yorktown Avenue (North side of Yorktown Ave., east of Brookhurst Street). The City owns 2.6 acres of the site that will be used for open space purposes. The site is surrounded by single family residences on the west, east and north and fronts Yorktown Ave. on the south. The Entitlements required for this project are: General Plan Amendment: To amend the General Plan land use designation from P-RL (Public -Residential Low Density underlying designation) to RL-7 (Residential Low Density — max. 7 units per acre). Zoninu Map Amendment: To amend the zoning designation from PS-FP2 (Public - Semipublic — Flood Plain 2) to RL-FP2 (Residential Low Density — Flood Plain 2). Environmental Assessment: To review the proposed amendments and project pursuant to the California Environmental Quality Act to determine the necessary environmental documentation. Tentative Tract Map: To subdivide 14.25 acres of land into 61 numbered lots and one lettered lot for purposes of constructing 61 single family homes and a 2.6 acre park. Conditional Use Permit: To permit the development of a 61 unit single family subdivision and associated infrastructure, including site improvements, grading and potential construction of off -site sewer, water and storm drain improvements. In addition, the existing school buildings and parking lots will be demolished, and the City park will be improved; improvements may include landscaping, lighting and on -street parking. 2..2 Site .Background The Lamb School site, totaling 14.3 acres, was owned by the Fountain Valley School District. The school was designated as a closed school site and was used for administrative offices. In 2005, the School District decided to sell the site. In November 2005, the City acquired 2.6 acres of the school site to be maintained as open space. The remaining 12.7 acres were acquired by the project proponent. The open space that the City acquired will be reconfigured with the proposed project and is therefore included in the RFP. III. Scope of Services -2- (g:T-V—nT'FFW-Plate) HB -635- Item 23. - 32 in general, the consultant shall perform the necessary research, investigation and documentation to complete the environmental documentation. It is anticipated that a Mitigated Negative Declaration will be satisfactory. The Scope of Services shall include the following: 3.1 Environmental Documentation The environmental documentation shall discuss environmental effects in relation to their severity and probability of occurrence and shall identify appropriate modifications to the project to mitigate any environmental impacts to the extent feasible. The consultant will be expected to prepare and carry out the following: Completion of necessary MND level technical studies, including traffic, air quality and noise, as well as any other studies needed as identified by the consultant_ The applicant's civil engineer has prepared a Geotechnical Investigation, Liquefaction Evaluation and Hydrology Analysis, which are currently under review by the City. The environmental consultant will be asked to peer review these studies to ensure they are adequate for CEQA purposes. The applicant's consultants will be responsible for any other required wet utilities technical studies. 2. As necessary, confer and meet with regulatory agencies (Orange County Sanitation District, Caltrans, South Coast Air Quality Management District, etc.) regarding results of technical studies, etc. 3. Provide alternative recommendations (as necessary) based on results of items 1 and 2 to mitigate any potential environmental impacts. 4. Preparation and distribution of the Draft Mitigated Negative Declaration in accordance with the provisions of the California Environmental Quality Act and State Environmental Guidelines, as amended. The City will be responsible for internal distribution and to groups located within the City of Huntington Beach. Complete environmental document consistent with CEQA statutes and guidelines. The consultant will prepare the Initial Study. The City's Environmental Assessment form will be used for the checklist. 6. Preparation of the Notice of Availability and Notice of Completion for the documents. The Consultant will be expected to distribute the notices to the appropriate County, State and Federal agencies, if any, and provide the City with the list. The City will be responsible for distribution of notices to area property owners and organizations within the City, publication in newspapers and transmitting notices to the County for posting. -3- (gAF-YironmlRlR aW1ate) Item 23. - 33 HB -636- 7. Provide an electronic copy of the Initial Study formatted in Microsoft Word and Portable Document Format (PDF). The document converted to PDF shall be indexed and searchable. Preparation of all graphic exhibits and handouts necessary for meetings, study sessions, and public hearings on the Environmental Documents with the exception of the following GIS graphics which will be available from the City in a JPEG file: vicinity map, General Plan land use map, zoning map, assessors parcel map, aerial photo, and existing utilities (except for storm drain). 9. Although a response to comments is not required for a Mitigated Negative Declaration, should significant issues be raised or numerous comments received, the City may elect to have a response to comments prepared. Therefore, the proposal should include preparation. of Responses to Comments received during the public comment period and distribution to commenting parties. (Contract augmentation for "excessive" numbers of responses is not typically considered by the City. Therefore, your proposal should be conservative in this regard). The consultant shall also prepare any other written responses to letters or verbal comments received during the preparation and processing of the document (as deemed necessary by City). 10. Preparation of the Final Environmental Document. 11. Provide an electronic copy of the Final Environmental Document formatted in Microsoft Word and Portable Document Format (PDF). The document converted to PDF shall be indexed and searchable by chapter. 12. Preparation of certification documents (notice of determination, etc.), as necessary. 13. Preparation of a Mitigation Monitoring Program, as necessary. 14. Meet regularly with City staff to review work efforts, schedules, and issue areas as identified and necessary during the process. 15. Presentations at meetings, and public hearings. The firm's Principal or a representative of the environmental firm who has demonstrated ability in presenting Environmental Documents to Committees, Planning Commissions and City Councils will be required to attend the public meetings or other meetings as deemed necessary by City staiff 3.2 Content and Submission of Proposals The City requests that proposals be organized and presented in a neat and logical format and be relevant to the Scope of Services. Proposals shall be clear, accurate and comprehensive. Excessive (written proposals more than 20 pages, excluding tables, charts or graphics) or irrelevant material will not be favorably received_ -4- (g-.Wjr, ronmTJTtempiate) KB -637- Item 23. - 34 The consultant shall identify the tasks required to complete 3.1 above. Each task should be responded to by the consultant team in the form of a technical work statement Each major work item should be related to a cost figure. The technical work statement should contain the effort to be expended by the consultant in preparing each task, and the time frame in which the task will be completed. In addition, proposals should contain the following information: Cover letter, not to exceed three pages in length, should summarize key elements of the proposal. An individual authorized to bind the consultant must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. Indicate the address and telephone number of the office located nearest to Huntington Beach and the office from which the project will be managed. 2. Information on which staff and subconsultants will be involved in the work, to include background/resume on the individuals (and subconsultants), team organization and the relationship of their capabilities and experience to the tasks undertaken. A project manager and an alternate project manager shall be named who shall be the prime contact and be responsible for coordinating all actions with the City. Any changes in project team membership shall be approved by the City. At least five references that received similar services. Include client name, project manager, startlend date and telephone number. 3.3 Schedule The City is requesting that the project commence upon notice to proceed. 3.4 MeetingAltendance The consultant team shall assume the following minimum number of meetings. More meetings may be suggested in the proposal. Payment for meetings will be based upon the actual number of meetings. The proposed fee for meetings shall be segregated by type of meeting and should include all necessary personnel (including sub -consultants) and presentation materials. MEETINGS NUMBER Meetings with staff 4 Public Information Meeting (held during public comment period) l Planning Commission Study Sessiom?ublic Hearing 2 Meetings required with other agencies in the preparation of the documentation are not included in the above numbers but should he accounted for in the consultant's budget. 3.5 Deliverables -S- (g:lEnviro=UUTt=plate) Item 23. - 35 HB -63 g- All documents and plans shall be the property of the City of Huntington Beach. Documents shall be organized so that they can be easily revised and reprinted, are adequately illustrated, are computer compatible, and are easily understood by diverse public interests. The number of documents and plans shall be as follows: Environmental Documentation 1. A minimum of five (5) screencheck copies of technical reports and the Draft Initial Study. 2. A minimum of one (1) screencheck copy of the Notice of Availability and Notice of Completion. 3. 40 bound copies of the public review environmental documents and 25 Technical Appendices plus one (1) unbound reproducible original copy shall be provided to the City. Note: these copies are in addition to the copies that the Consultant shall transmit to the State CIearinghouse and County State and Federal agencies. ncies. a. All graphics, charts, maps, and tables shall be on 8 '/z X 11 white paper. b. All studies, surveys results, data, and agency comments and responses shall be included in the technical appendices. 4. Provide an electronic copy of the Draft Environmental Documents formatted in Microsoft Word and Portable Document Format (PDF). The document converted to PDF shall be indexed and searchable by chapter. 5. A minimum of 10 screencheck copies of the Draft Response to Comments, if needed. 6. Copies of the Response to Comments to be distributed to commenting parties and agencies per CEQA, if needed. 7. 40 bound copies of the. Final Environmental Document plus one unbound, reproducible copy containing Response to Comments and any other additional or revised text of the Environmental Document. 8. Provide an electronic copy of the Final Environmental Document formatted in Microsoft Word and Portable Document Format (PDF). The document converted to PDF shall be indexed and searchable. 9. A minimum of two (2) screencheck copies of the Certification documents and one reproducible final electronic copy. 10. Preparation of environmental analysis for memos and letters for City staff and public. TV. Budget -6- (g:�EmrirG—UG?t—piate) HB -639- Item 23. - 36 There will be a fixed price contract. A "not to exceed" amount should be provided for all miscellaneous expenses such as mileage, printing, etc. so that there arc no costs to the City which are not identified in the proposal. There will be no compensation to consultant for hours expended resulting from consultant's errors and omissions. A breakdown of labor hours by employee billing classification together with the cost of non -labor and subconsultant services shall be included. The labor breakdown shall be compiled based on a listing of work tasks that correlates with the consultant's defined scope of work for the project proposal. As noted, the City has issued concurrent proposals for the former Lamb School site and former Wardlow School site. Interested applicants are encouraged to submit proposals for both projects; separate proposals are required for each project. However, proposals incorporating cost savings for performing both reviews will be evaluated favorably. 4.1 Insurance/Indemnification Requirements Consultant shall maintain and provide proof of the following minimum insurance during the duration of the project: Professional Liability Coverage - $1,000,000 per occurrence. A claims -made policy is 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 will make every effort to maintain similar insurance during the required extended period of coverage foIIowing project completion, including the requirement of adding all additional insureds. c) 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 the contract_ d) The reporting of circumstances or incidents that might give rise to future claims. A sample_ _contract and the Citv's insurance requirements are included as an attachment It is mandatory that rou review these requirements and sifiw the attached acknowledgement form. V. Selection Process 5.1 Evaluation Criteria -7- (glEni a=UZFPt plate) Item 23. - 37 HB -640- Of primary importance in the selection of a consultant or team of consultants will be the overall quality of the proposal as evidenced by previous accomplishments and a demonstrated willingness to work with City officials, staff, and agencies. In general, proposals will be evaluated based upon the following criteria ➢ Understanding of the Scope .15 ➢ Identification of Critical Scope Elements and Key Issues .15 ➢ Technical Approach, Work Plan, Innovative Approach .30 ➢ Clarity and Completeness of Proposal .05 ➢ Qualification ofFirm/Subconsultants .15 ➢ Knowledge and Experience of Project Manager/ key staff .20 ➢ Changes to the City's contract (if any) -.10 5.2 Interviews If warranted, consultants may be selected for interviews to be held the week of November 10. Should interviews be held, consultants will be notified of the interview time by November 3. The interview shall consist of presentation by the consultant and will allow the consultants an opportunity to demonstrate their understanding of the City's needs toward meeting its objectives. Any form of presentation may be used; however, the most effective presentation will demonstrate the experience and ability of key personnel and samples of the proposed product. Interview will be limited to one hour. The interview will begin with the proposer's presentation and will be followed by questions from staff. 5.3 Recommendation to City Administrator The staff will evaluate all eligible proposals and make the final recommendation for selection to the City Council based upon the following criteria: 1. Adequate technical and financial resources for performance prior to award of this contract. 2. Experience and organizational, technical and editorial skills and facilities prior to award of this contract Demonstrated qualification of the project leader(s) and assurance of his or her principal involvement in the project until its completion. 4. Ability to perform the required tasks within an acceptable time schedule. -8- (g:lEnvizonxulRFPaemplafe} H13 -641- Item 23. - 38 5. A satisfactory record of ability and performance in other similar projects, and familiarity with issues pertaining to the project. 6. Ability and experience to work closely with City staff and advisory bodies. 7. Regularly and easily available to City staff and for day and evening meetings, as required. 8. An equal opportunity employer and qualified and eligible to receive and fulfill award of this contract under all applicable laws and regulations. 9. Information provided by references. 10. Ability to estimate and identify hidden and unforeseen costs. 11. Consultant's enthusiasm and creativity. 12. Past performance record with the City (if applicable). 13. A reasonable contract price. 5.4 .Disclaimer This Request for Proposal does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this Request for Proposal in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations_ VI. Proposal Submittal Deadline Written proposals are due by S. 00 p.m, October 29, 2008. Send or deliver six (6) copies of the proposal to: Chris Davis, Senior Administrative Analyst City of Huntington Beach Planning Department 2000 Main Street Huntington Beach, CA 92648 VII. Contact Person Questions regarding the project and consultant selection process should be directed to: Rami Talleh, Senior Planner at (714) 374-1682. VIII.Attachments -9- (g:XEnvua—empLqR) Item 23. - 39 HB -642- 1. Sample Contract 2. Insurance and Indemnification Acknowledgement form 3. Proposed Site Plan -10_ (g:Tuvvorn UU?bMw a1E) xB -643- Item 23. - 40 i11 AC M. CERTIFICATE OF LIABILITY INSURANCE DATEVMD`fM 1 1 2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 Santa Ana CA 92711-0550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ INSURERS AFFORDING COVERAGE INSURED Michael Hrandman Associates 220 Commerce Center #200 ne CACA 92602 Irvine INSURHiA Travelers Pro erty Casualty Co of Ameri 7NsuRERgu.S. SIDecialty Insurance Couilpaliv INsuRERC. Travelers Casualt & suretycom. INSURER D. INSURER E COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POR THE POLICY PERIOD INDICATED. OTWITIiSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WMICH THIS ERTIFICATE 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 HLAVE BEEN REDUCED BY PAID CLAIMS. ILEX TYPE OF INSURANCE POLICY NUMBER POLICY0=FEC7NE D E MtDO POLICYEXP ATIOH ➢ATE MaG 11/15/2009 LIMITS A GENERAL LIABILITY 6806083L204 11/15/2008 EACH OCCURRENCE $ 000 000 FIRE DAMAGE(Any one fire) $1 0 0 0 0 X COMMERCIAL GENERAL L"ILIT! MED EXP (My one Person) $1 O 0 O O CIAS78 MADE. I,� OCCUR PERSONAL &AOV INJURY $ COD 000 X Contractual 1ablllty GENERAL AGGREGATE $ GEMI. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2 O 0 O 0 0 0 POLIOY X PRO -FLOC: A AUTOM08I X UABR.ITY ANY AUTO SAG078L716 11/15/2008 11/15/2009 COMBINED SINGLE LIMIT (Ee accullon* $1, 0 0 0, 0 0 0 BODILY INJURY (Per person) $ ALL OWI,EDAUTOS SCHEDULED AUTOS 80Dfi.Y INJURY (Pereoddenq $ - X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LLA.E&r'Y AUTO ONLY -EA AC 5NT $ OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGG EXCESS LIA811= EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE LSli C A jt�/ -`_ s YS $ DEDUCTIBLE ( �! I 0 $ $ RETENMN $ I C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY iB1427T762 11/15/2008 11/15/2009 WC STATU- OTFF X TORY'.7 E.L EACH ACCIDENT $1 0 O 0 0 0 0 E.LDISEASE- EAEMPLOYE $1 00Q 000 E.L [ASEAE. - POLICY LIMIT S 1 0 0 0 0 O B oTMER Professional Liabilit laims Made y S081188904 11/15/2008 11/15/2009 Per Claim $1,000,000 Annual Aggr. $3,000,060 DESCRIPTION OF OPERAT10NSfLOCATIDNSNEHICLESIEXGL.USMNS ADDED BY ENDORSEMEhT(SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. e: Lamb Contract_ TheCity of Huntington Beach is Additional Insured as respects to General Liability coverage as required by written contract. City of Huntington Beach Attn: Rami Talleh 2000 Main Street Huntington Beach CA 92648 ACORD 25S (7197) EIOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SPORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER ILL MAIL 30 DAYS kRi2TEN NOTICE TO THE CERTIFICATE HOLDER AMED TO THE LEFT. AUTHORIZED m ACORD CORPORATION Item 23. - 41 xB -644- COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. in the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with 'your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement_ The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part, B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury' arising out of 'your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 0 2007 The Travelers Companies, inc_ Includes the copyrighted material of Insurance Services Office, inc., with its permission. Page 1 of 2 HB -645- Item 23. - 42 Professional gervice Contracts Purchasing Certification 1. Date: IV1112008 2. Contract Number: PLN 6767,P6945 7G7 3. Department: Planning 4. Requested by: Chris Davis 5. Name of consultant: Michael Brandman Associates 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants, see attached 7. Amount of the contract $70,812.00 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: 10060201.69365 11. Is this contract less than $50,000? ❑ Yes ® No 12. Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 13. Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract_) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number), see attached 16. Attach proposed scope of work. see contract exhibit A 17. Attach proposed payment schedule. See co ct exhibit S 144 �_ DeoartWnt 4A Signature R9rWRD AMADRIL Cenffal Services Manager 1. If the answer to this question is "No," the contract will require approval from the City Council, Item 23. - 43 xB -646- COMMER]CAL GENERAL LIABILITY injury" or "property damage" occurs, or the `per- sonal injury" offense is committed. D. The following definition is added to DEFINI' IONS (Section V). "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Gov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period, Page 2 of 2 ® 2007 The Travelers Companies, Inc. CG D3 89 09 07 Includes the copyrighted material of Insurance Services Once, Inc., with its permission. xB -647- Item 23. - 44 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 December 21, 2011 Michael Brandman Associates Attn: Thomas F. Holm 220 Commerce, Ste. 200 Irvine, CA 92602 Dear Mr. Holm: Enclosed please find for your records a copy of "Amendment No. 1 to Agreement Between the City of Huntington Beach and Michael Brandman Associates for Preparation of CEQA Documents for the Former Lamb School Site;" and, "Amendment No. 1 to Agreement Between the City of Huntington Beach and Michael Brandman Associates for Preparation of CEQA Documents for the Former Wardlow School Site." Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure: Agreements G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand • �• CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Michael Brandman Associates Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Preparation of CEQA Documents for the former Lamb School Site Amount of Contract: $70,812.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. ❑ to Risk Management ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: N m /Exten on City Attorney's Office _/'-z 0 0 r G:AttyMisc/Contract Forms/City Clerk Transmittal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Michael Brandman Associates FOR Preparation of CEQA Documents for the former Lamb School Site Table of Contents Scopeof Services.....................................................................................................1 City Staff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................:...............................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 Effective Date.................................................................................11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Michael Brandman Assnciatas FOR Preparation of the CEQA documents for the former Lamb School Site 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 Mi rhaal Rranrlman A220ci ata!sa ('al i fnrni a rnrrnrat; on hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare the CEQA documents for the _former Lamb ;and School Site Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Thomas F. Holm who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfnet/professional svcs 50 to 100 12-07 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on December 22 , 20 08 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than„prember 31, 2010 from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 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 Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Seventy Thousand Eight Hundred Twelve Dollars ($ 70 , 812.00 )• 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/ surfnet/professional svcs 50 to 100 12-07 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to 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 agree/ surfnet/professional svcs 50 to 100 12-07 3 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 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 agree/ surfnet/professional svcs 50 to 100 12-07 4 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: 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. agree/ surfnet/professional sves 50 to 100 12-07 5 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION i This Agreement is a personal service contract and the work her shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/ surfnet/professional sves 50 to 100 12-07 6 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Rami Talleh 2000 Main Street Huntington Beach, CA 92648 agree/ surfnet/professional Svcs 50 to 100 12-07 7 TO CONSULTANT: Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 ATTN: Thomas F. Holm 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act agree/ surfnet/professional svcs 50 to 100 12-07 8 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/ surfnet/professional sves 50 to 100 12-07 9 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 event that such authority or power is CONSULTANT's Initials 28. ENTIRETY for any injuries or damages to CITY in the fact, held by the signatory or is withdrawn. The parties aclnowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that agree/ surfnet/professiond svcs 50 to 100 12-07 10 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 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California COMPANY NAME A ;�?--e7� By1 n f-, Mio' print name ITS: (circle one) ChainngAesident(Vice Preside C print name ITS: (circle on ecretary/ 'ef Financial Officer/Asst. Secretary — Treas agree/ surfnet/professio" svcs 50 to 100 12-07 11 //I/ / City Administrator INITIA APPROVED AS TO FORM: City Atto ey 1 Date EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Consultant shall prepare the requisite California Environmental Quality Act (CEQA) documentation for the former Lamb School site, located at 10251 Yorktown Avenue in the City of Huntington Beach. The level of review is anticipated to be a Mitigated Negative Declaration. Analysis shall generally follow Consultant's proposal dated December 2, 2008. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Project Initiation/Kick-Off Meeting. This task provides an opportunity for MBA to receive information from the City and Applicant to initiate the project and discuss the details of the proposed project, the approach to the environmental documentation and neighborhood/agency consultation. As a follow up to project initiation, Consultant will directly consult with other identified responsible regional or local agencies specifically identified by the City for early consultation. 2. Peer Review of Geotechnical Investigation, Liquefaction Evaluation and Hydrology Analysis. Consultant will provide a peer review of the geotechnical investigation, liquefaction evaluation and hydrology analysis prepared for the proposed project by the applicant's civil engineer. Consultant will provide a letter that includes our findings of adequacy,for each analysis for use in the CEQA document. Surfnet Exhibit A 3. Draft Initial Study. Consultant will prepare a Draft Initial Study (IS) in accordance with CEQA Guidelines (Section 15063) and established City Checklist format. The narrative discussion will identify the significance of the project's potential effect on each environmental topic identified on the CEQA checklist and the requirements set forth by the City of Huntington Beach. 4. Proposed Mitigated Negative Declaration. Upon receiving comments on the Draft Initial Study, Consultant will respond to the comments, revise the Initial Study, and provide 40 bound copies of the Proposed Mitigated Negative Declaration and 25 technical appendices to the City. In addition, copies will be sent to the State Clearinghouse and to County, and responsible agencies, as required. Consultant will provide a draft version of the distribution list for review and approval by City staff. Consultant will distribute the Proposed MND for public review. Consultant assumes the City will place the Notice of Intent to Adopt in the local newspaper. A 30-day public review period is assumed. 5. Response to Comments. The City will transmit any written public comments to Consultant, along with a record of verbal comments received during the Public Information Meeting. Consultant will review and prepare responses to all substantive comments received during the public review period. Responses within this proposal's scope of workland budget consist of explanations, elaborations, or clarifications of the data contained in the draft MND. Ten copies of the draft responses to comments will be submitted to the City for review and approval for Consultant to distribute responses to comments to all commenting parties in advance of the public hearing. 6. Final Mitigated Negative Declaration. Forty bound copies of the final MND (Draft MND plus Responses to Comments) plus one unbound, reproducible copy will be submitted to Surfnet Exhibit A the City. In addition, Consultant will provide an electronic copy of the final MND formatted in Microsoft Word and Portable Document Format (PDF). 7. Mitigation Monitoring Program. A mitigation monitoring program (MMP) will be prepared, if necessary, for adoption at the time of the CEQA findings. The MMP will be designed to ensure compliance with adopted mitigation requirements during project implementation. In coordination with City staff, Consultant will prepare the MMP for mitigation measures that address significant impacts or are adopted as conditions of approval. The program will be designed to fit into the City's existing entitlement and project review process. Consultant will coordinate with City staff to refine MMP content and format, prior to preparing the Draft MMP. After review and comment on the Draft MMP, Consultant will revise the MMP according to the comments provided, and will submit the final MMP. 8. Management and Meetings. Project Manager will ensure the project is running on time and within budget, documents prepared in support of the project are technically correct and legally project manager will provide management liaison among the project team and communication of issues, transmittal of comments, financial management (i.e., project management matters. be present at meetings and hearings to develop an understanding of the comments and concerns, to be available to answer questions on environmental presentations on the MND. Consultant will attend the following meetings as part O Three (3) Meetings with City staff (and Applicant, as appropriate) • Scoping Meeting (1) (if desired by City) ® Public Information Meeting (1) (during public comment period) m Planning Commission Study Session/Public Hearing (2 total) of this task, Surfnet Exhibit A As part of this task, Consultant will prepare draft staff reports and meeting minutes for public meetings to consider the proposed MND. The Principal will be available to facilitate meetings with regard to CEQA process and presentation of findings. Additional meetings or hearings will be attended on a time and materials basis according to Exhibit B Rate Schedule. 9 CEQA Notices. Consultant will prepare the draft Notice of Availability (NOA) and Notice of Completion (NOC) and will distribute such notices to the State Clearinghouse, City and specified responsible agencies, as required pursuant to the approved distribution list. The City will distribute CEQA notices locally. After approval of the MND and the project, a Notice of Determination (NOD) will be required to be filed with the County of Orange Recorder's Office within five days of approval of the project. Consultant will prepare the NOD and will submit it to the City for review and signature prior to filing it with the Recorder's Office. C. CITY'S DUTIES AND RESPONSIBIL 1. City will make payments in a timely manner 2. City will provide documents and other requested information in a timely manner D. WORK PROGRAM/PROJECT SCHEDULE: To begin upon notification from the City. Schedule to be determined. Surfnet Exhibit A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. Principal: $220/hr Senior Project Manager: $150/hr Sr. Scientist —Noise: $140/hr Sr. Scientist — Air Quality: $135/hr Environmental Planner: $85/hr GIS/Graphics Specialist: $85/hr Technical Editor: $95/hr Word Processing/Admin Asst: $75/hr 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 Exhibit "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. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment AC®R®n.+ CERTIFICATE ®F LIA ILITY INSU NCE DATE/D 12 11/11/200008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 Santa Ana CA 92711-0550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A: Travelers Property Casualty Cc of Ameri Michael Brandman Associates 220 Commerce Center 4200 Irvine CA 92602 INSURERB:U.S. Specialty Insurance Company INSURER c: Travelers Casualty & Surety Comp. INSURER D: INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM DD POLICY EXPIRATION ATE (MMIDDIYYI LIMITS A GENERAL LIABILITY 6806083L204 11/15/2008 11/15/2009 EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Any one fire) $1 0 0 0 0 0 0 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE �] OCCUR MED EXP (Any one person) $1 Q 0 0 Q PERSONAL & ADV INJURY $1 0 Q Q 0 Q Q X Contractual Liability GENERAL AGGREGATE $ 'GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 0 Q Q Q 0 0 POLICY X PRO LOC jECT A AUTOMOBILE X LIABILITY ANY AUTO BA6078L716 11/15/2008 11/15/2009 COMBINED SINGLE LIMIT (Ea accident) $1, 0 0 0, 0 0 0 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE g �,„� C�vgy A,yT Ity p eyy AGGREGATE $ $ DEDUCTIBLE , 0 $ RETENTION $ C WORKERS COMPENSATION AND UB1427T762 11/15/2008 11/15/2009 TATU-OTH X I TORYLIIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1 0 00, 000 E.L. DISEASE - EA EMPLOYE $1 0 0 0 0 0 0 - E.L. DISEASE - POLICY LIMIT $ 1 0 0 Q 0 0 0 B OTHER Professional Liability US081188904 11/15/2008 11/15/2009 Per Claim $1,000,000 Annual Aggr. $3,000,000 Claims Made DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. e: Lamb Contract. he City of Huntington Beach is Additional Insured as respects to General Liability coverage as required by written contract. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION10 Day Notice for Non -Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Huntington Beach WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER Attn: Rami Talleh NAMED TO THE LEFT. 2000 Main Street Huntington Beach CA 92648 AUTHORIZED ACORD 25-S (7/97) O ACORD CORPORATION 1988 J COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I ; 11140 -. - This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. 1. Date: 12/11/2008 Professional 6 e Contracts Purchasihg,Certification 2. Contract Number: PLN 3. Department: Planning 4. Requested by: Chris Davis 5. Name of consultant: Michael Brandman Associates 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. see attached 7. Amount of the contract: $70,812.00 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: 10060201.69365 11. Is this contract.less than $50,000? ❑ Yes ® No 12. Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 13. Is this contract over $100,000? ❑ Yes ® No (Note:. Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). see attached 16. Attach proposed scope of work. see contract exhibit A 17. Attach proposed payment schedule. See co act exhibit B De artnt 4A Signature 1. If the answer to this question is "No," the contract will require approval from the City Council. Wardlow & Lamb School EIRs Due October 29, 2008 Templeton Planning Group 1470 Jamboree Road, Suite 200 Newport Beach, CA 92660-6202 949 718-0640 Hogle-Ireland 2860 Michelle Drive, Suite 100 Irvine, CA 92606 949 553-1427 ESA 707 Wilshire Boulevard, suite 1450 Los Angeles, CA 90017 213 599-4300 Michael Brandman Associates 621 East Carnegie Drive, Suite 100 San Bernardino, CA 92408 909 884-2255