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HomeMy WebLinkAboutHogle Ireland, Inc. and previously EDAW, Inc. - Hogle-Ireland - 2006-09-18Council/Agency Meeting Held: De Deferred/Continued to: l (Approved ® Conditionally Approved ® Denied W4�Zl Ci lerk's ign tur Council Meeting Date: 4/7/2008 Departmen Number: PL08-04 11NL@ 0 1 IF I SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: SCOTT HESS, DIRECTOR OF PLANNIN/I I SUBJECT: APPROVE TRANSFER OF PROFESSIONAL SERVICES AGREEMENT FOR CIRCULATION ELEMENT ENVIRONMENTAL IMPACT REPORT TO HOGLE-IRELAND Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: Transmitted for City Council consideration is a transfer agreement for an existing professional services agreement from EDAW Incorporated to Hogle-Ireland, Inc. Funding Source: The allocation of $213,700 is budgeted in the Fair Share Traffic Impact Fee Professional Services Account, 20685201.69365. Recommended Action: Motion to: "Approve and authorize the Mayor and City Clerk to approve the transfer agreement to assign the existing Professional Service Contract between the City of Huntington Beach and EDAW Inc. in the amount of $213,700 for preparation of an Environmental Impact Report for the update of the General Plan Circulation Element to Hogle Ireland." Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny the assignment agreement of the Professional Services Contract between the City and EDAW, Inc. to Hogle-Ireland and direct staff to re -open the bid process for this project." 2. "Continue the item and direct staff accordingly." MEETING DATE: 4/7/2008 DEPARTMENT ID NUMBER: PL08-04 Analysis: On September 19, 2006, the City entered into a standard professional services agreement with EDAW Incorporated to prepare an Environmental Impact Report for the General Plan Circulation Element. EDAW notified the City that their business plan no longer includes this type of work and that the core team working on the scope of services has moved to Hogle- Ireland. It is staff's recommendation to retain the services of the core team now employed by Hogle-Ireland to continue and complete the work already underway on this project. Both EDAW and Hogle-Ireland are amenable to the reassignment, each having signed the transfer agreement of the contract. Strategic Plan Goal: Not Applicable 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. Attachment(s): -2- 3/14/2008 11:53 AAA ATTACHMENT ASSIGNMENT AGREEMENT This ASSIGNMENT AGREEMENT made this day_31T ofj/L- , o,QOr, by and between EDAW, INC., hereinafter "Assignor," and HOGLE-IRELAND, INC. hereinafter "Assignee;" and D UOT`U AT Q WHEREAS, Assignor entered into a Contract with the City of Huntington Beach, (hereinafter "City'), identified as "Professional Services Contract Between The City of Huntington Beach and EDAW, Inc. for Circulation Element Environmental Impact Report," hereinafter "Contract"; and WHEREAS, Assignor wishes to assign all of its rights and obligations under the Contract to Assignee; and WHEREAS, the Contract requires the prior written consent of the City for the assignment thereof, NOW THEREFORE, In consideration of the mutual covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Assignor and Assignee agree as follows: 1. Assignor hereby assigns all its right, title, and interest, and delegates all its obligations responsibilities and duties, in and to the Contract, to Assignee. 2. Assignee hereby accepts the assignment of all of Assignor's obligations responsibilities and duties under the Contract and all of Assignor's right, title and interest in and to the Contract. 3. City hereby consents to the assignment from Assignor to Assignee. 07-1105/12299 1 4. Notwithstanding the foregoing, Assignor agrees to defend and indemnify the City from any and all claims, actions, judgments, liabilities, proceedings and costs, including reasonable attorneys' fees . and other costs 'of defense and damages, resulting from Assignor's performance prior to the assignment of the contract and resulting from Assignee's performance after the assignment of the Contract, provided however, that after the assignment of the Contract the City shall first look to Assignee to satisfy all claims, actions, judgments, liabilities, proceedings and costs, including reasonable attorneys' fees and other costs of defense and damages resulting from Assignee's performance. 5. Assignee agrees to indemnify the City from any and all claims, actions, judgments, liabilities, proceedings and costs, including reasonable attorneys' fees and other costs of defense and damages, resulting from Assignee's performance after the assignment of the Contract. 6. The City, in executing its consent to this Assignment, does not release Assignor from any claims or remedies it may have against Assignor under the Contract. 7. Parties acknowledge and agree that the contract will continue in full force and effect until the assignment has been completed as evidenced by execution by all parties of this Consent to Assignment. REST OF PAGE NOT USED 07-1105/12299 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. ASSIGNOR EDAW, INC.] By: (ILI Kaq tittnlY -o print name ITS: (circle one) Chairman/President/rice President AND By:z _ print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary Treasurer ASSIGNEE, HOGLE-IRELAND, INC. /J r� print name ~ —�- ITS: (circle one) Chairman/Preside ice President ;) By: '44,— "/ L&aAU d�-06 print name ITS: (circle one) /' hief Financial Offi Secretary -Treasurer yf—$ 14--Kj cer/Asst. CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California REVIEWE6AND APPROVED: City Ad#histrator AAdVu AP VED AS TO FORM: k' �4 (`7 ZK, Cit Attorney 07-1105/12299 3 su ; it INSURANCE AND INDEMNIFICATION WAIVER HuntlnonBmche MODIFICATION REQUEST e c El� V, R 0 1. Requested by: Chris Davis MAR 1 2. Date: Februa 25, 2008 MAR 1 4 2004 ry , City of Huntington Beach 3. Name of contractor/permittee: Hogle-Ireland, Inc City Attorney's ®tt►6e 4. Description of work to be performed: Prepare EIR for Circulation Element EIR 5. Value and length of contract: $213,700; exp. 9/18/08 6. Waiver/modification request: Allow $5,000 deductible 7. Reason for request and why it should be granted: Vendor could not get zero deductible policy; cannot move forward without waiver 8. Identify the risks to the City in approving this waiver/modification: Minor: deductible is a small amount,-litd Hoale-Ireland is a larae and reputable firm ent Head Signature -- D e: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and Yie City Attorney's Office disagree. 1. sk Management Approved ❑ Denied Signature bate 2. City Attorney's Office )kr,Approved ❑ Denied J�/3 • 'OF Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for. approval. Once the contract. has been approved, . . this form is to be filed with the Risk Management Division of Administrative Services Client#: 9058 HOGLEIRE ACORD. CERTIFICATE OF LIABILITY INSURANCE 0716107 OfYYYY, PRODUCER John Burnham Iry 1210 2415 Campus Drive, Suite 20Q Irvine, CA 92612-8530 949 833-2462 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC # INSURED HoglINSURER 2860 Michellrelande 2860 Michelle Drive, Ste 100 DriIncve, Irvine, CA 92606 A: American Casualty Co, of Reading, PA 20427 INSURER e: Transportation Insurance Co. 20494 INSURER c: Employers Compensation Insurance Co 11512 INSURERD: Lloyd's of London 114SURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD1TYPE NSR OF POLICY NUMBER POLICY EFFECTIVE DfY POLICY EXPIRATION DA E jMM/DDiYYj LIMITS A GENERALL1ABILITY E32082828476 0411011/07 04/01/08 EACH OCCURRENCE s1000000 )( COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED - S100000 CLAIMS MADE1-71 I OCCUR MED EXP (Any one Person) s5 000 PERSONAL & ADV INJURY 5100D Qa0 X OCP GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS- COMPIOP AGG $2 00Q 000 X POLICY f7 PRO- JECT Llx B AUTOMOBILE LIABILITY ANY AUTO B2082828526 04/01107 04101/08 COMBINED SINGLE LIMIT (Ea accident) 51,0Q0 Q0 i 0 BODILY INJURY (Perperson) s ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS - NON -OWNED AUTOS ..O 0VF AS O FORM BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S jR cG C TT OV A GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S ANY AUTO E S B EXCESWUMBRELLA LIABILITY X OCCUR ❑ CLASMS MADE B2082828574 04/01107 04101/08 EACH OCCURRENCE 51,000,000 AGGREGATE S1,000,000 ^S S DEDUCTIBLE S X RETENTION S 10000 C WORKERS COMPENSATION AND FN30629805 04/01107 04/01/08 TH- X WC 'IMIT•TATj OFR EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED7 E.L. EACH ACCIDENT 51,QO000O E.L. DISEASE - EA EMPLOYEE S1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S1,000 000 OTHER Prof Liab LE00000844 04/01107 04/01/08 1,000,000 Each claim 2,000,000 Aggregate 5,000 DED DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS The Certificate Holder, its agents, officers and employees are to be included as additional Insured. Huntington Beach Circulation Element EIR contract reassignment. City of Huntington Beach,Attn: Lisa Brownfield 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL If) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE -, ACORD 25 (2001108) 1 of 2 #S3959121M382015 TLFIN 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001108) 2 of 2 #S3959121M382015 POLICY NUMBER: B2082828476 COMMERCIAL GENERAL LIABILITY CG 20 1010 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED A OWNERS, LESSEES or CONTRACTORS FORM E This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach,Attn: Lisa Brownfield 2000 Main Street Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. The Certificate Holder, its agents, officers and employees are to be included as additional insured. CG20101093 INITIATING DEPARTMENT: Planning SUBJECT: Reassignment of Traffic Study EIR Contract to Hogle- Irelend COUNCIL MEETING DATE: April 7, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attomey) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not A plicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Aeplicable EXPL HATOH FOR Sao- ONG ATTACHMENTS REVIEWED.' RETURNED FORWA RDED Administrative Staff ' Depu City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: -- - (Below `Space For Ci.fy Clerk's Use Only) ..�I 'all RCA Author: C. Davis city ®f Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK April 9, 2008 Hogle-Ireland, Inc. 2860 Michelle Drive, Suite 100 Irvine, CA 92606 To Whom It May Concern: Enclosed for your records is a copy of the Assignment Agreement between EDAW, Inc., Hogle-Ireland, Inc. and the City of Huntington Beach for the Circulation Element Environmental Impact Report. Sincerely, JF:pe Enclosure: Agreement G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) L ed Council/Agency Meeting Held: 7-4-00 2006 _7 PH ' 31 Deferred/Continued to: 4 v'G=f•-.., LApproved ❑ Conditionally Approved; ptCd fCity Clerk's Signature Council Meeting Date: 9/18/06 Department ID Number: 06-19 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PE�LOPE (LBR H-G�FT,Y ADMINISTRATOR PREPARED BY: SCOTT HESS, ACTING DIRECTOR OF PLANNIN� ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC ORKS SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EDAW, INC. FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT FOR UPDATE OF GENERAL PLAN CIRCULATION ELEMENT Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City's existing Circulation Element of the General Plan is based on land use and traffic assumptions that have changed since its adoption in 1996. The City initiated a process to update the Circulation element earlier in 2005 and anticipates having a completed traffic model this year. Part of the effort that needs to be addressed is completion of environmental documentation and processing. Funding Source: The allocation of $213,700 is budgeted in the Fair Share Traffic Impact Fee Professional Services Account, 20685201.69365. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute the Professional Service Contract between the City of Huntington Beach and EDAW Inc. in the amount of $213,700 for preparation of an Environmental Impact Report for the update of the General Plan Circulation Element; and 2. Authorize the Director of Planning/Public Works to expend an amount not to exceed $213,700 for Planning Services for preparation of Environmental Impact Report for Circulation Element Update. E-g REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/18/06 DEPARTMENT ID NUMBER: 06-19 Alternative Action(s): Deny the Professional Services Contract between the City and EDAW, Inc. and direct staff on how to proceed. Analysis: Government Code Section 65302 (b) requires a circulation element in all city general plans "consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities, all correlated with the land use element of the plan." The City's General Plan, including the Circulation Element, was comprehensively updated in 1996. Since that time there have been minor amendments to the Circulation Element. The City initiated a process to comprehensively update the Circulation Element earlier in 2005 and anticipates having a completed traffic model this year. This work is being completed by Austin Foust Associates, Inc. Two significant technical components are being completed as part of the update. First, an updated local area transportation model is being developed. This effort includes a substantial effort in completing a local land use inventory. Second, the new model will be used as the basis for analyzing and developing recommendations for updating several sections of the Circulation Element. Part of the effort that needs to be addressed in conjunction with the Circulation Element update is completion of environmental documentation. Staff is recommending retaining EDAW, Inc. to prepare an Environmental Impact Report for this project. It is further recommended that funds from the Fair Share Traffic Impact Fee program be used for this service. 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. Attachment(s): -2- 8/31/2006 5:30 PM ATTACHMENT #1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EDAW, Inc. FOR Circulation Element Environmental Impact Report THIS AGREEMENT ("Agreement") is made and entered into this 9 th day of September 20 06, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and EDAW, Inc. ,,California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare an Environmental Impact Report for the Circulation Element ;and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Lisa Brownfield who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/15101-A I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on September 18 2 0u0 less sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 36 months from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two hundred thirteen thousand $ 21.3 ► 700.00 seven hundred Dollars 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/forms/profsery 10/1510 1-A 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 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 agree/forms/profsery 10/ 15/0 1 -A 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) 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. agree/forms/profsery 10/15/01 -A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profservl0/15101-A 5 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. 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. agree/forms/profservl0/15101-A 6 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:Christopher S - natr; G 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: EDAW, Inc. 800 East Colorado Blvd, suite 270 Pasadena, CA 91101 —5` 10 attn• Lisa Brnwnfiej-d 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. agree/forms/profsery 10/15101-A 7 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 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 agree/forms/profsery 10/15101 -A 8 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. 24. ATTORNEY' S FEE 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, agree/forms/profsery 10/15101-A 9 each parry shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing parry. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profservl0/15101-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT B y : 1�-Q, c'iiZl t tt' e qfcykkyt print name ITS: (circle one) Chairman/President/Vice President AND By: ON" UV print name IT CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor 9".*J ell-livsC40 - City Clerk S. (circle one) Secreta Chief Financial Officer sst. APPROVED AS TO FORM: Secretary -Treasurer I ©� City Attorney REVIEWED AND APPROVED: INITI TED AND APPROVED: Cit3 Administrator 96vtor of PlAnnirg ord/05zoning/Chap 241 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca�fornia �--e County of On Date personally appeared ss. me, C ` a e a d Title of Officer (e.g., of ❑ personally known to me Doe, Notary Public") [proved to me on the basis of satisfactory evidence to be the person(p�whose name(,' is/are subscribed to the within instrument and acknowledged to me that Vshe/thy executed the same in Wsfher/tjyeir authorized capacity(jag), and that by hiafher/tDeir signature on the instrument the person(;;; or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my h d Indo ci I seal. Place Notary Seal Above ignature of No as Public OPTIONAL Though the information below is not required by law, it may prove valuable o persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(leir) CftWed by Signer's Name: ❑Jndividual V Corporate Officer — Title(s): --A ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: — LSL Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General f thumb here ElAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. of thumb here 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of SAN DIEGO On 6/2/06 before me, R. J. MOORE (here insert name and title of the officer) personally appeared MICHAEL A. DOWNS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. R. I MOORE � .. • Comm. # 1471277 qn NOTARY PUBLIC -CALIFORNIA U7 -- O Son Diego County / Signature My Comm. Expires FEB.21,2008 '+ (Seal) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EDAW, Inc. FOR Circulation Element Environmental Impact Report Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance............................................................................................ 2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 18 Consent....................................................................................................................8 Modification .............................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Entirety......................................................................................................................10 EXHIBIT "A" Scope The following section describes the specific work tasks we will conduct. For each task, the task objectives, work products, and subtasks are described. Task 1. Project Initiation Objective: The purpose of this task is to work with City staff to refine the work scope, establish a definitive project schedule with work product delivery dates, and gain an understanding of resource materials available from the City. Products: Refined Work Program GIS Base Map Meeting: Project Kick Off Task 1.1 Refine Work Program Principal -in -Charge Laura Stetson and Project Manager Lisa Brownfield will attend a kick off meeting with City staff. At that meeting, we will confirm the schedule for the preparation of the EIR, set dates for the scoping meeting, and review the project description and schedule. The meeting will also serve as a "brainstorming" session to allow the project team to identify key areas of concern and potential mitigation. We will also refine the initial thinking regarding the four alternatives. Task 1.2 Develop GIS Base Mapping We will adapt, as necessary, the GIS base map created for the Circulation Element to be used in the work program and will map any additional baseline data not prepared as part of the Circulation Element. Our work scope assumes that the City will provide basic layers, including parcel lines, streets, and aerial photos. Task 2. Initial Study, Notice of Preparation, Community Outreach Meetings Objective: The purpose of this subtask is to prepare the Initial Study project description and checklist, to prepare the Notice of Preparation, and to conduct community outreach meetings. Products: Screencheck Draft initial Study (1 hard copy and 1 electronic) Screencheck NOP (1 hard copy and 1 electronic) Pre -Press Initial Study (1 hard copy and 1 electronic) Pre -Press NOP (1 hard copy and 1 electronic) Initial Study (25 hard copies, 1 electronic copy) NOP (25 hard copies, 1 electronic copy) Meetings: Two Community Outreach Meetings Task 2.1 Screencheck Draft Initial Study and NOP We will prepare a comprehensive Initial Study including a project description to focus the EIR on major issues for which impacts are potentially significant. Each item in the CEQA checklist will be comprehensively discussed to provide clear evidence why an impact is or is not considered to be potentially significant. We will also prepare a draft Notice of Preparation per State OPR requirements. Both the Initial Study and the NOP will be submitted to the City for review and comment. We will also work with City staff to develop an appropriate mailing list. Task 2.2 Pre -Press and Final Initial Study and NOP We will revise the Initial Study and NOP, and provide the City with a pre -press copy for review. EDAW will then print copies per the contract for publication and circulation when authorized by City Staff. We will distribute the IS/NOP to public agencies based on the mailing list, and file the NOP with the State Clearinghouse. City staff will be responsible for filing the NOP with the County Clerk. Task 2.3 Community Outreach or Scoping Meetings Per CEAQ, at least one public scoping meeting is required to solicit public agency comments on the Initial Study and the NOP and other issues to be addressed in the EIR. We have budgeted two scoping meetings to cover the Circulation Element EIR that will be advertised both to responsible and interested public agencies, as well as the general public. The purpose of the community outreach meetings are to inform the public about the Circulation Element and the environmental review process for the Circulation Element, provide agencies and the public ample opportunity to comment on the NOP, and to inform the project team regarding issues the public view as important. Building on our award -winning public participation experience, we will conduct the scoping meetings as two to three-hour workshops. In a large public venue, the project will be objectively explained and discussed, the environmental review process will be detailed, and public comment will be solicited. The comments will be recorded on large wall size graphics and annotated with graphics. In this way, the participants will be able to see previous public comments and add new comments. Mr. Thom Ryan, a Huntington Beach resident and EDAW environmental planner, will have an active role in preparing for and conducting the community outreach meetings. His insight will help the team gain a "resident's" perspective as well as help elicit the public's opinion, thoughts, and concerns. EDAW staff will be responsible for organizing the meeting/workshop, for facilitating/recording public comment, and preparing all meeting materials and handouts. City staff will be responsible for arranging for the meeting location and providing appropriate notice. TASK 3. Technical Studies Objective: This task's purpose is to conduct technical studies required to support the analysis in the EIR. Products: Air Quality Worksheets (1 hard copy and 1 electronic copy) Noise Analysis Summary (1 hard copy and 1 electronic copy) Meetings: Meeting with City staff to review draft reports Task 3.1 Air Quality Worksheets EDAW will prepare the air quality analysis and provide worksheets to be included in the EIR as described above. Task 3.2 Noise Report We will prepare a noise assessment that identifies current and future noise conditions and identifies any noise impacts of concern for the Circulation Element's implementation Task 4. Alternative Coordination Objective: This task's purpose is to ensure that the traffic consultant, the City staff, and the EIR consultant actively collaborate and coordinate the alternative selection and modeling. Meetings: Alternative Selection Meeting Traffic Modeling Results Review Meeting Task 4.1 Alternative Selection EDAW will meet with City staff and Austin -Foust to determine the alternatives to be analyzed as part of the environmental review and to assist the traffic consultant in the model preparation. Task 4.2 Traffic Modeling Results Review EDAW will meet with City staff and Austin -Foust to review the alternatives' modeling results and the implications of the results. Task 5. Screencheck Draft EIR Objective: The purpose of this task is to prepare a complete Screencheck Draft EIR (DEIR) for review by City staff prior to publication. The screencheck draft will include all text, tables, and figures; it will be prepared in accordance with any City CEQA guidelines. Products: Screencheck DEIR (10 hard copies and 1 electronic copy; 2 rounds) Appendices to the Screencheck Draft El (10 hard copies and 1 electronic copy) Meetings: One meeting with staff to discuss revisions to the Screencheck Draft EIR EDAW understands the City's need and desire for high -quality technical analysis written in a style that is easy to read and understand. As such, the EIR will have a Lead Environmental Planner, Peter Choi, synthesize all the technical reports and write clear, concise, succinct analyses. He will be responsible for preparing other environmental sections, so that the EIR conveys all the technical information in a single, clear voice. Both project manager Lisa Brownfield and Principal Laura Stetson will provide thorough quality assurance review of the EIR. Mr. Choi will prepare the screencheck Draft EIR in accordance with City CEQA regulations. The screencheck Draft EIR will contain the following sections: Executive Summary The Executive Summary will identify each significant effect of the Draft Circulation Element and issues raised by the agencies and the public. Subsequent actions that may be taken while implementing the Circulation Element will be described. The Executive Summary will be produced complete with graphics to allow the City to distribute the summary as a stand-alone document, if desired. Introduction The Introduction will summarize the legal role of the EIR in the City's planning process. The introduction will also indicate the issues that are addressed in the EIR and why others were dismissed through the Initial Study. Project Description The Project Description will include descriptions, maps, and drawings illustrating the Draft Circulation Element; a detailed description of the Element; and a description of existing conditions of Huntington Beach. All project objectives will be listed and described. Environmental Setting This section will outline the environmental setting for each environmental issue evaluated in the EIR, focusing on the current state of the immediate environment and other regulations that currently apply. Thresholds Used to Determine Level of Impact Explicit thresholds of significance will indicate what standards apply to the environmental category and will be the basis for determining whether a project effect is or is not significant. Regulatory agencies standards, the City's General Plan, CEQA regulations, the Municipal Code, and appropriate scientifically based standards will be clearly stated and documented. Environmental Impact The technical analysis of potential impacts will be provided in this section, drawing from the technical studies described above and the additional analysis conducted. Mitigation Measures This section will identify mitigation measures required to avoid or minimize any identified significant impacts. Any mitigation needed in addition to the compliance with existing standards and regulations will be practical and specific. Level of Impact after Mitigation This section will identify the residual impact remaining after the identified mitigation is implemented. Analysis of Alternatives This section will provide an analysis of four different alternatives for each project. The alternatives chosen for analysis may include options raised during the NOP review period or alternative approaches considered during the project initiation meetings. At this time, EDAW proposes that the four alternatives include: • No Project Alternative, as required by CEQA, will examine the potential impacts of implementing the current Circulation Element; • Proposed Infrastructure Improvements Variation Alternative will examine the potential impacts if some of the infrastructure improvements proposed in the Draft Circulation Element are not made or different improvements are constructed; • Increased "Walkablility" Alternative will look at changes to the Land Use Element, Circulation Element, and Urban Design Element to allow for "pedestrian" oriented areas of the city to be developed and pedestrian oriented infrastructure to be built that enhances the likelihood of walking/transit to various destinations. This alternative would examine the potential for vehicle trip reduction and the associated infrastructure needs associated with any potential vehicle reduction • Increasing Beach Boulevard Densities and Intensities Alternative. At this time, the development potential for Beach Boulevard is at a fairly low density. In order to increase pedestrian activity, it has been suggested that residential densities and non-residential intensities (or FARs) should increase. This alternative would look at increasing the intensities and densities along Beach Boulevard and determining the impacts of those increases. Cumulative and Long Term Effects We will use the list of cumulative projects in Huntington Beach and the surrounding region or a growth factor created as part of the Circulation Element's traffic analysis to discuss impacts of the project in relation to regional air quality, transportation, noise, and other issues. Growth -Inducing Impacts According to section 15126.2 (d) of the State CEQA Guidelines, growth -inducing impacts must be discussed as a part of an EIR. Growth -inducing elements of a project are those that could, either directly or indirectly, foster or remove obstacles to additional urban development. Induced growth could involve either economic activity or population growth. Growth inducement could occur as a result of the project itself. Appeals courts in California have determined that the growth -inducing impact analysis may be at a more general level, since growth -inducing impacts are speculative (Napa Citizens for Honest Government v. Napa County Bd. of Supervisors, 91 Cal.AppAth 342 [2001 ]). Nonetheless, a good -faith effort to analyze and disclose all growth -inducing impacts is necessary to produce a legally defensible EIR. Our approach to growth -inducing impacts considers, as suggested by the CEQA Guidelines, not only the parts of the project that spur other growth, but those elements that remove some obstacle to urban development. We consider all aspects of infrastructure investment and the location and capacity of such infrastructure relative to nearby undeveloped or underdeveloped areas. We propose to address all growth -inducing impacts as a part of an EIR section that also addresses cumulative impacts, and significant irreversible environmental changes. In the case that we find no potentially significant growth -inducing impacts, we will describe the process used in analyzing the impacts and the specific rationale for our significance characterization. Significant and Unavoidable Impacts If any impact is found to be significant and unavoidable, a chapter of the EIR will be prepared to discuss these impacts. This chapter will be designed to directly support CEQA findings, if a Statement of Overriding Considerations is warranted. References, Organizations and Persons Consulted This section will list references used in the EIR and identify organizations and persons consulted in preparation of the EIR. The Screencheck Draft EIR will be prepared and submitted to the City for review and comment. City staff will review the screencheck Draft EIR and prepare revisions in the form of a single marked -up copy of the Draft EIR indicating all desired changes, corrections, areas for expansion, and other concerns. Our scope and budget provide for two rounds of review. We will meet with staff to discuss the requested revisions. Task 6. Draft EIR/Public Information Meetings Objective: The purpose of this task is to prepare the DEIR for distribution to the public for the required public review, to prepare appropriate notices and transmittal forms, and to conduct a Public Information Meeting. Products: Pre -press DEIR to staff (1 hardcopy and 1 electronic copy) DEIR (70 copies [40 copies for the City and 30 copies to various agencies], 1 unbound/reproducible copy, and 1 electronic copy) Technical Appendices (25 copies, 1 electronic copy, if possible) Authorization to print DEIR Notice of Completion (2 copies of the screen check NOC; 1 hard copy, 1 electronic of the NOC) Environmental Transmittal Forms (2 copies of the screen check transmittals; 1 hard copy, 1 electronic of the transmittals) Public Information Meeting materials (50 copies of agendas, comment sheets) Public Information Summary Memorandum (1 hard copy, 1 electronic copy) Meeting: Public Information Meeting Task 6.1 Pre -Press Draft EIR After incorporating staff comments on the screencheck DEIR, EDAW will provide a pre -press copy of the DEIR for staff review prior to printing and distribution. Task 6.2 Draft EIR Once staff has indicated acceptance of the pre -press version, we will print copies of the Draft EIR and also provide the City with 1 copy in PDF format and 1 reproducible copy, for distribution of the EIRs for the 45-day public review period. Distribution will be via a method that provides proof of delivery. Task 6.3 Notice of Completion and Environmental Transmittal Forms EDAW will prepare the screen check Notice of Completion and Environmental Transmittal Form (as required by the State Clearinghouse) and submit then to the City for review. Upon incorporating any City comments, we will prepare and forward the Notice of Completion, the transmittal forms, along with the DEIR, to the State Clearinghouse. The City will be responsible for publishing the Notice of Completion and filing it with the County Clerk. Task 6.4 Public Information Meeting EDAW will plan for, prepare all materials, and facilitate a public information meeting about the Circulation Element DEIR. It is anticipated that the Circulation Element will be described, however, the emphasis will be on the DEIR's findings and on gathering public comment. A public comment memorandum will be prepared summarizing the comments expressed at the meeting. Task 7. Response to Comments Objective: The purpose of this task is to review written public comments gathered during the public review period and the oral public comments expressed at the Public information Meeting, to prepare responses to comments, and to incorporate response to comments into the Final EIR. Products: Screencheck Response to Comments (10 copies, 1 electronic) Revised Response to Comments document (40 copies, 1 electronic) Meeting: Response to Comment Strategy Meeting with City Staff Following the completion of the public review period on the Draft EIR, Ms. Brownfield, Mr. Choi, and, as necessary, appropriate technical specialists will attend one meeting with City staff to discuss substantive comments and to strategize appropriate responses to comments. EDAW will prepare responses to the comments. A screencheck draft Response to Comments will be submitted to the City for review. We anticipate two rounds of review. After the second round or response review is complete, the final version of the Responses to Comments will be printed. We have provided a budgeted allowance for this task that assumes a moderate level of public comment on the Draft EIR. If a substantial volume of comment letters is received, this allowance may be exceeded. At the close of the comment period, we will assess with staff the effort required to fully respond to comments and determine whether use of the budget contingent is required. Responses to any comments submitted by Responsible or Trustee Agencies will be sent to the respective agencies as the Final EIR. The City will be responsible for this task. TASK 8. DRAFT AND FINAL MITIGATION MONITORING PROGRAM Objective: The purpose of this task is to prepare a Mitigation Monitoring Program consistent with City CEQA Guidelines. Products: Draft Mitigation Monitoring Program (2 hard copies, 1 electronic copy) Final Mitigation Monitoring Program (10 hard copies, 1 reproducible copy and 1 electronic copy) EDAW will prepare a draft Mitigation Monitoring Program (MMP) for the mitigation measures identified in the DEIR consistent with the City's standards for such documents. The MMP will identify required mitigation measures, responsible implementing agencies or departments, and the timeframe for implementation. We will provide a draft for staff review and prepare a final version that incorporates staffs directed revisions. We recommend that the final version of the MMP be kept separate from the Final EIR. TASK 9. FINAL EIR Objective: The purpose of this task is to prepare the Final EIR including the completed Responses to Comments and any changes to the EIR text needed to mirror the Responses. Products: Screencheck draft Final EIR to staff (5 copies, 1 electronic) Pre -press copy of Final EIR (1 copy) Final EIR (70 copies, 1 reproducible and 1 electronic copy) Subtask 9.1 Screencheck Draft Final EIR Once staff has approved the Responses to Comments, EDAW will prepare a screen check draft Final EIR that meets CEQA guidelines. The draft Final EIR will include the following: Revised cover page Revised table of contents Revised text of EIR incorporating changes Responses to comments on the Draft EIR Comments received We will provide five (5) copies of the screen check draft document to the City for review Subtask 9.2 Final EIR Upon receipt of staff comments on the screencheck draft Final EIR, we will revise the document appropriately. We will provide staff with one pre -press copy of the Final EIR. Upon authorization of staff we will revise the document as appropriate, then print. We will print 70 copies of Final EIR, for use by the City, plus provide a PDF. TASK 10. FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS Objective: The purpose of this task is to prepare a Findings of Fact and Statement of Overriding Considerations (SOC) consistent with City CEQA Guidelines. Products: Draft Findings and SOC (5 copies) Final Findings and SOC (1 reproducible copy and 1 electronic copy) EDAW will prepare the required Findings and, if necessary, the Statement of Overriding Considerations for City Council action on the project. The Statement of Overriding Considerations and Findings of Fact become exhibits of the Resolution certifying the Final EIR, providing evidence that the City has considered environmental effects and mitigation measures in compliance with CEQA, and thus can certify the EIR. We anticipate preparing a draft document to be reviewed by City staff. Upon receiving staff comment, the final Findings and SOC will be prepared. Due to the complexity of this task, our budget indicates an estimate of the costs involved. If additional effort is required, we will meet with City staff to determine if use of the contingency budget is necessary. TASK 11. PREPARE SUPPORT DOCUMENTATION Objective: The purpose of this task is to prepare CEQA adoption documents for final action. EDAW will prepare all required CEQA notices, including the NOA/NOC, NOD, and Fish and Game de minimus finding. Products: Draft copies of the NOA/NOC, NOD and Fish and Game finding (2 copies) Final versions of the NOA/NOC, NOD and Fish and Game finding (1 reproducible and 1 electronic copy) EDAW will prepare the required CEQA notices. We will prepare a Notice of Completion and Availability (NOC/NOA) of the DEIR and a Notice of Determination (NOD) for the project. We will submit the documents to the State Clearinghouse as necessary. The City is responsible for publishing the notices and filing it with the County Clerk. TASK 12. STUDY SESSIONS AND PUBLIC HEARINGS Objective: The purpose of this task is to provide support to City staff at study sessions and public hearings on the Final EIR. Products: Presentation Materials Meetings: Planning Commission Study Sessions and Public Hearings City Council Study Sessions and Public Hearings Task 12.1 Planning Commission and City Council Study Sessions EDAW will prepare handouts and presentation materials for and facilitate two study sessions with the Planning Commission and one study session with the City Council regarding the Final EIR. Task 12.2 Planning Commission and City Council Public Hearings Ms. Stetson, Ms. Brownfield, and appropriate technical specialists will be available to attend public hearings on the Final EIR before the Planning Commission and City Council. Our budget provides for two public hearings before the Planning Commission and one public hearing before the City Council. If this allowance is exceeded, we will attend additional public hearings, with prior authorization from City staff , and will use the contingency budget. TASK 13. IINTER-TEAM COORDINATION, PROGRAM MANAGEMENT, AND MEETINGS Objective: The purpose of this task is to coordinate work of the technical specialists; track the projects progress, schedule, and budget; attend Advisory Committee Meetings; and attend other unspecified meetings. Products: Environmental Review Summary Progress Reports with monthly invoices, if requested. Meetings: Advisory Committee Meeting - two meetings Unspecified Meetings, two meetings as requested by City staff beyond those identified for specific tasks Inter -team Coordination Meetings Task 13.1 Advisory Committee Meetings We take pride in establishing strong working relationships with the advisory committees in our general plan and specific plan work programs. We assume that the Circulation Element consultants have developed a positive relationship with Huntington Beach's committee. As the EIR consultant, we would like to build on that relationship by participating in the Advisory Committee meetings when the agenda includes environmental review items. We propose to present the environmental reviews findings and the community's concerns as expressed through the written comments to the Advisory Committee. EDAW would anticipate creating an Environmental Review Summary that highlights the findings and the mitigation measures to remedy impacts. Task 13.2 Inter -team Coordination Meetings Ms. Brownfield will meet with the City and the Austin -Foust for the monthly inter -team coordination meetings, when an agenda item regards the environmental review process, EIR, or as requested. Task 13.3 Unspecified Meetings At the outset of any planning or environmental program, neither the consultant nor the client can anticipate all the meeting requirements. This proposal accounts for all of the typical meetings that are necessary to produce a high quality, legally defensible environmental document. As an insurance measure, however. Subtask 11.3 proposes and budgets two unspecified meetings to be attended by the Ms. Brownfield. These meetings will be convened at the City's request. Subtask 13.4 Program Management For all of our EIR projects, EDAW uses standardized and proven methods of tracking program progress and budget, ensuring that the schedule is maintained, that the budget is adhered to, and that appropriate staff is assigned as needed. Tools utilized include a company -wide labor schedule that is updated weekly to allocate staff hours over a four -month period. We also employ accounting and project management software that allows the project manager to check weekly on the budget and staff utilization. We have the ability to shift staff resources as required to meet changing schedules. If desired by the City, we can provide written progress reports with our monthly invoices to keep City staff apprised of program progress. Subtask 13.5 County and LCP Coordination Given that one of the anticipated changes to the proposed circulation is the elimination of the Hamilton Extension to Beach Boulevard. EDAW has included meeting and coordination time to address County of Orange and possible Coastal Commission auestions and concerns. Our budget provides for 30 hours of Ms. Stetson's time. 45 hours of Ms. Brownfield's time, 30 hours of Mr.Choi's time. and 16 hours of word processing/graphics time. If this allowance is exceeded, we will attend additional meetings and conduct additional coordination, with prior authorization from City staff . and will use the contingency budget. EXHIBIT "B" p 6 W A 4y 2 e � c O IIY It » F W m W m • » g i g� a E S j 7 pst 'Ni ms E fill �g 1 Old�i § . Hill" l���j 1111,11 1,1J'1pYFg v Q e {i V F R ad Screenchack Draft West Study (1 copy, 1 PDF) a" Sereenchecit NOP (1 copy, 1 POF) ss PwPraes Initial Study (1 copy. 1 PDF) f26 PwPress NOP (1 copy, 1 PDF) 26 Initial Study (26 copies, 1 POF) e626 NOP (26 copies, 1 PDF) el» Appendklss to the DER (26 Copies and 1 siectrcnk Copy, If possbe) S1.260 Public Wonnation Meeting Materials $= Public Information Meeting Summery Memorandum (1 copy, electronic copy) $to Dreg responses to comments to City stolf • 2 rounds of MY16W (10 copies plus electronic copy) stso S26 Fktel MWgabw Monitoring Program (to Copies, 1 reproducible copy and 1 electronic copy) $too Screed heck Aran FBud EIR to VAN (6 copies, 1 elsctronic) 12110 PrwVan copy of Final OR (1 copy) Sao Final EIR (?0 Copies, 1 reproductle. and 1 e1e000nk: Copy) S6.600 Draft copal of the NOAINOC, NOD, DFO Find", SOC , TransmUlals (2) $70 Final NOAM=, NOD, OFO Findings, SOC, Tranemltmis (1 copy, electronic) Lis Sandy SaselonlPubllo Hearing Materials "00 Emvbonmantal Review Memorandum $to TOTAL Dalivarablas Sto,us TOTAL Labs and Ddlvwsbles e212,1106 1. Date: 2. Department: CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification August 14, 2006 Planning 3. Requested by: Chris Davis 4. Name of consultant: EDAW Inc. 17i L AUG 2 3 2006 5. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicited consultants in your answer to 11 of this form. See RFP attached 6. Amount of the contract: $213,700 7. Are sufficient funds available to fund this contract?' ❑ Yes ® No 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes ❑ No 9. Company number and object code where funds are budgeted: 20685201.69365 10. Is this contract less than $50,000? ❑ Yes ® No 11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 12. Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). see attached 15. Attach proposed scope of work. see attached 16. Attach proposed payment schedule. see tached De'pgirtmerft Head Signature WR14RDAIL_, Manager urchasing/Central Services 1. If the answer to any these questions is "No," the contract will require approval from the City Council. Circulation Element EIR Consultant List Date Circulated: December 23, 2005 Due Date: January 18, 2006 Distribution List Bon Terra Consulting 151 Kalmas Dr., Suite E-200 Costa Mesa, Ca 92626 Attn: Thomas E. Smith (714) 444-9199 Cotton/Bridges/Associates (now part of EDAW) 800 E. Colorado Boulevard, Suite 270 Pasadena, CA 91101-2103 Attn: Jeffrey A. Henderson (626) 304-0102 EIP Associates 12301 Wilshire Boulevard, Suite 430 Los Angeles, CA 90025 Attn: Terri Vitar (310) 268-8132 Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 (714) 508-4100 HUNTINGTON BEACH CITY OF HUNTINGTON BEACH REQUEST FOR PROPOSAL TO PREPARE ENVIRONMENTAL DOCUMENTATION FOR UPDATED GENERAL PLAN CIRCULATION ELEMENT DATE DECEMBER 23, 2005 DISTRIBUTED BY: CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (714) 536-5271 TABLE OF CONTENTS TITLE PAGE I INTRODUCTION 1 I.I. Background 1 1.2. Project Objective 1 1.3. Role of Consultant 1 II PROJECT BACKGROUND 2 III SCOPE OF SERVICES 2 3.1 Environmental Documentation 2 3.1.1 Environmental Documentation Format 4 3.2 Content and Submission of Proposals 6 3.3 Schedule 6 3.4 Meeting Attendance 6 3.5 Deliverables 7 IV BUDGET 8 4.1. Insurance/Indemnification Requirements 9 V SELECTION PROCESS 9 5.1 Evaluation Criteria 9 5.2 Interviews 9 5.3 Recommendation to City Council 10 5.4 Disclaimer 11 VI PROPOSAL SUBMITTAL DEADLINE 11 VII CONTACT 11 VIII ATTACHMENTS 11 I. Introduction 1.1 Background The City of Huntington Beach is seeking proposals from qualified consultants who are interested in being considered for completion of an Environmental Impact Report to assess potential impacts of the City's updated General Plan Circulation Element. The City's existing Circulation Element of the General Plan is based on land use and traffic assumptions that have changed since its adoption in 1996. The City initiated a process to update the Circulation element earlier in 2005 and anticipates having a completed traffic model by March 2006. Two significant technical components are being completed as part of the update. First, an updated local area transportation model is being developed. This effort includes a substantial effort in completing a local land use inventory. Second, the new model will be used as the basis for analyzing and developing recommendations for updating several sections of the Circulation Element. Part of the effort that needs to be addressed is completion of environmental documentation and processing. The consultant team must have demonstrated experience in processing environmental documentation pertaining to traffic circulation as well as land use. 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 objecting in undertaking this project is to analyze the potential environmental impacts associated with the updated Circulation Element of the General Plan. 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: • Provider of technical information and unbiased recommendations • Provider of solutions to potential conflicts -1- (gAEnvironm\RFPtemplate) • Public educator of the CEQA process Solicitor of public input • Organizer, facilitator & consensus builder • Available to City staff via phone, fax, meetings, etc. • Preparer of environmental documents, letters, memos, applications, meeting minutes, staff reports, etc. • Presenter of CEQA issues, staff reports, etc. The City of Huntington Beach Planning Department will be the lead agency for the proposed scope of work. II. Project Background Government Code Section 65302 (b) requires a circulation element in all city general plans "consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities, all correlated with the land use element of the plan." The City's General Plan, including the Circulation Element, was comprehensively updated in 1996. Since that time there have been minor amendments to the Circulation Element. The City initiated a process to comprehensively update the Circulation Element earlier in 2005 and anticipates having a completed traffic model by March 2006. This work is being completed by Austin Foust Associates, Inc. Two significant technical components are being completed as part of the update. First, an updated local area transportation model is being developed. This effort includes a substantial effort in completing a local land use inventory. Second, the new model will be used as the basis for analyzing and developing recommendations for updating several sections of the Circulation Element. Part of the effort that needs to be addressed is completion of environmental documentation and processing. III. Scone of Services In general, the consultant shall perform the necessary research, investigation and documentation to complete the environmental documentation. The Scope of Services shall include the following: 3.1 Environmental Documentation The anticipated level of environmental documentation is an Environmental Impact Report (EIR) to analyze potential impacts resulting from the updated Circulation Element of the General Plan. -2- (gAEnvironm\RFPtemplate) The EIR shall discuss environmental effects in relation to their severity and probability of occurrence. It shall identify appropriate mitigation measures to minimize the significant effects of the proposed project, and include an alternatives analysis. The consultant will be expected to prepare and carry out the following: 1. Preparation of the Notice of Availability and Notice of Completion for the EIR. The Consultant will be expected to distribute the notices to the appropriate County, State and Federal agencies 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. 2. Complete evaluation of Circulation Element prepared by Austin Foust Associates, Inc. from an environmental perspective. 3. Preparation of any additional technical studies as deemed necessary by the consultant. 4. Provide input on the alternatives analysis modeling completed by the City's traffic consultant. 5. Preparation and distribution of the Draft EIR 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. 6. Provide an electronic copy of the Draft EIR formatted in Microsoft Word and Portable Document Format (PDF). The document converted to PDF shall be indexed and searchable by chapter. 7. Attendance at project meetings, outreach meetings, and study sessions with the Planning Commission and City Council. 8. Preparation of all graphic exhibits and handouts necessary for meetings, study sessions, and public hearings on the EIR document 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). Note that the City's traffic consultants will make available electronic files of all circulation element figures that need to be included in the EIR. 9. Preparation of Responses to Comments received during the public comment period on the Draft EIR and distribution to commenting parties. (Contract augmentation for "excessive" numbers of responses is not typically considered by -3 - (gAEnvironm\RFPtemplate) 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 EIR document (as deemed necessary by City). 10. Preparation of the Final EIR. 11. Provide an electronic copy of the Final EIR 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 (draft resolutions, statement of findings of facts, statement of overriding considerations, notice of determination, etc.). 13. Preparation of a Mitigation Monitoring Program. 14. Meet regularly with City staff to review work efforts, schedules, and issue areas as identified and necessary during the EIR 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 impact reports to Committees, Planning Commissions and City Councils will be required to attend the public meetings or other meetings as deemed necessary by City staff. The City will make available to the consultant all previously prepared reports for this project (including those noted above) as well as related projects. Other documents will be made available upon request. 3.1.1 Environmental Documentation Format The EIR should be prepared in accordance with the provisions of the California Environmental Quality Act and State Environmental Guidelines, as currently amended. The environmental impact report must, at minimum, include the following components: Introduction 1. Authors (persons and expertise called upon to complete the environmental impact report). 2. Project description (location and boundaries, objectives of the project, etc.). Project Summary -4- (gAEnvironm\RFPtemplate) This section should contain an Executive Summary, a Project Impact Summary, an Altemative(s) Summary, and a Summary of the Impacts and Major Findings. Environmental Setting This section must be prepared in accordance with the State Environmental Impact Report Guidelines. Environmental Impacts This section will be prepared in accordance with the relevant section of the State Environmental Impact Report Guidelines, including the following subsections: 1. Any significant environmental effects which cannot be avoided if the proposal is implemented. 2. Mitigation measures proposed to minimize the significant effects of the proposed project, and an assessment of whether identified impacts remain significant after mitigation. 3. Alternatives to the proposed action. 4. Growth inducing and cumulative impacts. 5. Long-term impacts of the proposed project. Report Preparation Resources This section shall contain the organizations and persons contacted or consulted, report preparation staff, contributors, and references. Appendices This section shall contain all documentation necessary in the preparation of the EIR. cussion of Other Relevant Planning Considerations 1. Mitigation Monitoring Program. 2. Certification Documents (Statement of Findings and Facts). 3. Statement of Overriding Considerations (if necessary) 4. All other mandatory and relevant sections required in the State Environmental Impact Report Guidelines. -5- (gAEnvironm\RFPtemplate) 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. The consultant shall identify the tasks required to complete 3.1-3.1.1 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: 1. Information on the general qualifications of the proposing firm(s) and on the particular experience of the firm relevant to the project at hand. 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. 3. References. 3.3 Schedule The City is requesting that the project commence upon notice to proceed. It is anticipated that the contract would be scheduled for a March 2006 City Council meeting agenda. It is anticipated that the EIR would be ready for certification by the Planning Commission in January 2007. It is recognized that this schedule is dependent upon completion of the Circulation Element scope of work in a timely manner. 3.4 Meeting Attendance The consultant team shall assume the following minimum number of meetings. More meetings mU 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, if any. Note that the City's traffic consultant will prepare all presentation materials related to the Circulation Element. Any materials required for EIR scoping meetings, etc., will be the responsibility of the EIR consultant. -6- (gAEnvironm\RFPtemplate) MEETINGS NUMBER Meetings with staff/ 5 Consultant team (Monthly status meetings are held the second Wednesday of the Month, if needed. The EIR Consultant will attend as needed). Community Outreach Meetings 2 Public Information Meetings during I 45-day review period Planning Commission Study Sessions 2 Public Hearings 2 City Council Study Session 1 Public Hearings I Meetings required with other agencies in the preparation of the EIR are not included in the above numbers but should be accounted for in the consultant's budget. 3.5 Deliverables 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 I. A minimum of one screencheck copy of the Notice of Availability and Notice of Completion. 2. A minimum of 10 screencheck copies of the Draft EIR and Technical Appendices. 3. 40 bound copies of the Draft EIR 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 Clearinghouse and County, State and Federal agencies. -7- (gAEnvironm\RFPtemplate) a. All graphics, charts, maps, and tables shall be on 8 %2 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 EIR 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. 6. Copies of the Response to Comments to be distributed to commenting parties and agencies per CEQA. 7. 40 bound copies of the Final EIR plus one unbound, reproducible copy containing Response to Comments and any other additional or revised text of the EIR. 8. Provide an electronic copy of the Final EIR formatted in Microsoft Word and Portable Document Format (PDF). The document converted to PDF shall be indexed and searchable by chapter. 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. 11. A minimum of two (2) screencheck copies of the Mitigation Monitoring Program and one reproducible final copy. IV. Budget 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 are 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. -8- (gAEnvironm\RFPtemplate) 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 following 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 is included as an attachment for reference. Any proposed modifications to the sample contract shall be subject to approval by the City Council and need to be identified in the proposal. V. Selection Process 5.1 Evaluation Criteria 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, the City's traffic consultant and agencies. The selection process includes staff screening of the proposals to evaluate the consultant's capability to do the work. Staff, at its discretion, may also conduct follow up interviews with former clients to ascertain service satisfaction and may require personal interviews with the consultants. 5.2 Interviews If warranted, consultants may be selected for interviews to be held the week of February 6, 2006. Should interviews be held, consultants will be notified of the interview time by January 30. The interview shall consist of a presentation by the consultant and will allow the consultants an opportunity to demonstrate their understanding of the City's needs toward -9- (gAEnvironm\RFPtemplate) 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 Council The staff will evaluate all eligible proposals and make the final recommendation for selection to the City Council at the March 20, 2006 meeting 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. 3. 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. 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. -10- (gAEnvironm\RFPtemplate) 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 5:00 p.m., Wednesday, January 18, 2006 Send or deliver six (6) copies of the proposal to: Mary Beth Broeren, Principal Planner 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: Mary Beth Broeren, Principal Planner at (714) 536-5550. VIII.Attachments 1. Sample Contract 2. Scope of work for Circulation Element Update from Austin Foust. -1 1- (gAEnvironm\RFPtemplate) MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER LOS-000494995-33 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk & Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE CA License #0437153 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 777 South Figueroa Street AFFORDED BY THE POLICIES DESCRIBED HEREIN. Los Angeles, 9017 Attn: Lori Bryson on 2 13-346-5464 COMPANIES AFFORDING COVERAGE COMPANY 6510B-PROF-CAS'-06 07 WSAI A ACE American Insurance Company INSURED COMPANY EDAW, INC. B N/A 2737 CAMPUS DRIVE COMPANY IRVINE, CA 92612 C N/A COMPANY D Illinois Union Insurance Company COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDDIYY) DATE (MM/DD/YY) A GENERAL LIABILITY HDO G20590695 04/01/06 04/01/07 $ 2,000,000 GENERAL AGGREGATE X PRODUCTS -COMP/OP AGG $ 4,()00,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR PERSONAL & ADV INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 1,000,000 MED EXP (Any one person) $ 5,000 A AUTOMOBILE LIABILITY ISA H08222186 04/01/06 04/01/07 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY $ ALL OWNED AUTOS 1071 B DIVA SCHEDULED AUTOS Aiv=4AI- (Per person) BODILY INJURY (Per accident) $ HIRED AUTOS /'� JENNIFER- MCG,.r C THa 1 Att0 ey NON -OWNED AUTOS �12gio� PROPERTY DAMAGE $ - GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X WC TATU- OT EMPLOYERS' LIABILITY ER EL EACH ACCIDENT $ THE PROPRIETOR/ X PARTNERS/EXECUTIVE INCL EL DISEASE -POLICY LIMIT $ EL DISEASE -EACH EMPLOYEE $ OFFICERS ARE: EXCL OTHER $1,000,000 D ARCHITECTS & ENG. EON G21654693-002 04/01/06 04/01/07 PER CLAIM/AGGREGATE PROFESSIONAL LIABILITY ""CLAIMS MADE"" DEFENSE INCLUDED DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESISPECIAL ITEMS "Circulation Element EIR", EDAW #06260230. RE: ALL OPERATIONS OF THE NAMED INSURED, INCLUDING PROFESSIONAL SERVICES CONTRACT TO PREPARE AN ADDITIONAL IMPACT REPORT FOR THE CERTIFIED FINAL EIR #96-1 FOR MCDONNELL CENTER BUSINESS PARK. SEE ADDITIONAL INSURED AND WAIVER OF SUBROGATION ENDORSEMENT ATTACHED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL Ei4aSNl(� MAIL A() DAYS WRITTEN NOTICE TO THE CITY OF HUNTINGTON BEACH ATTN: DUANE R. BANKEY CERTIFICATE HOLDER NAMED HEREIN,��gx 2000 MAIN STREET PVXRP4C5DCXdf�CAw4�XAs4Xr145>�G)C1cA�#jioY�11�ffidUO<PtMiUc�f%XpSX#JfXDCJU0c14)i4E HUNTINGTON BEACH, CA 92648 uggg�§X*MMUYLXxXXXXXXXXXXxxxxxxxxxxxxxxxxxxxxxxxXXxxXXxXxXXXXXXXX MARSH USA INC. �}_.�,/� BY: David Denihan �VAOUWA 04W MM1(3/02) VALID AS OF: 08/15/06 POLICY NUMBER: HDO G20590695 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under thefolloWng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CITY OFHUNTINGTON BEACH 2000 MAIN STREET HUNTINGtON BEACH, CA 92648 RE: ALL OPERATIONS OF THE NAMED INSURED, INCLUDING PROFESSIONAL SERVICES CONTRACT TO PREPARE AN ADDITIONAL IMPACT REPORT FOR THE CERTIFIED FINAL ER #'9&1 FOR MCDONNELL CENTER BUSINESS PARK Section II —Who is An Insured is amended to include as an additional insured the persons) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertisinq injury" caused, in whole or in part, by your acts or omissions orthe acts or omissions of those acting on yourbehalf. A. In the performance of your ongoing operations or B. In connection with your premises owned by or rented to you. CG 20 25 07 04 © ISO Properties, Inc. , 2004 Pagel of 1 POLICY NUMBER: HDO 020590695 COMMERCIAL GENERAL LIABILITY CG 24 131.10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 RE: ALL OPERATIONS OF THE NAMED INSURED, INCLUDING PROFESSIONAL SERdICES CONTRACT TO PREPARE AN ADDITIONAL IMPACT REPORT FOR THE CERTIFIED FINALEIR t96-1 FOR MCDONNELL CENTER BUSINESS PARK (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to the endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section N- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition ofthe following: We waive any right of recovery we may have aonst the person or organvzatibn ahown in the Schedule above- because of payments we make for injury or damage arising out of your ongoing operations or 'Your work" done under a contract with that person or orgarization and included in the 'products -completed "operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office. Inc..,1992 RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Professional Service Agreement with EDAW, Inc for Circulation Element Environmental Impact Report COUNCIL MEETING DATE: September 18, 2006 RCA ATTACHMENTS STATUS'; ...........:....:. Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable E Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable E Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable E Contract/Agreement (w/exhibits if applicable) Attached E (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable E Certificates of Insurance (Approved by the City Attorney) Attached E Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable E Bonds (If applicable) Attached ❑ Not Applicable E Staff Report (If applicable) Attached X/ Not Applicable p Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable E Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable E EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff ( )Lyn Assistant City Administrator (initial) ( ) ( Q •. )- City Administrator (initial) City Clerk ( ) EXPLANATION•- RETURN OF (Below Space For City Clerk's Use Only) RCA Author: MBB/CD CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 3, 2006 EDAW, Inc. 800 East Colorado Blvd., Suite 270 Pasadena, CA 91101-5410 Attn: Lisa Brownfield Dear Ms. Brownfield: CALIFORNIA 92648 Enclosed for your records is a duplicate original of the Professional Services Contract Between the City of Huntington Beach and EDAW, Inc. for Circulation Element Environmental Impact Report. Sincerely, n L. Flynn City Clerk JF:pe Enclosure: Agreement G:foIIowup:agrmtltr (Telephone: 714-536-5227 )