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HomeMy WebLinkAboutEPD Solutions, Inc. - 2021-11-18 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BLACH AND EPD SOLUTIONS, INC. FOR PREPARATION OF AN ADDENDUM TO THI- 1-I01-1-Y-SEACLIFF SPECIFIC PLAN ENVIRONML'NTAL IMPACT REPORT 17OR 1-I01-1-Y 'I'RTANGLE 'I'OWNI-IOMLS THIS AGREEMENIT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California. hereinafter referred to as "CITY." and LPD Solutions, Inc.. a California Corporation hereinafter referred to as "CONSULTANT." Wl-II�-REAS, CITY desires to engage the services of a consultant to prepare an Addendum to the 1-l0lly-Se11cllff Specific Plan L-'nvironmental Impact Report for the Holly Triangle Townhomes project, 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 pertornt these services, NO`vV. TI-ILREFORF.., it is agreed by CITY and CONSUI-TAN1T as tbllows: I . 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 Jeremy KrOnt who shall represent it and be its sole contact and anent in all consultations with CITY during the perfonnance of this Agreement. 1-I OQ527O8O9 Oil 19-?0413J 1 of I3 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ND✓lmtrr /fO2021 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than twelve (12) months from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Fifty Five Thousand Nine Hundred Sixty Two Dollars ($55,962). 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 21-10635m0609 05nv-204133 2 of 13 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. NII TROD 017 PAYMENT CONSULTANT shall be paid pursuant to the terms ol'Exhibit "R." 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 belom-, 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 lit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indenmit}' 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 liabilitv of anv kind or nature) arising out of or in connection with CONSULfANT's (or CONSUL;fANT's subcontractors, if anv) negligent (or alleged negligent) pertormance 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 .vas caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of' CONSULTANT's counsel. This indemnity shall 21 a 06 3 52 70309 04119--204133 J of I J 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. Q. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of' Civil Code Section 2782.8. then the following Hold Harmless provision applies in place of-subsection A above: "CONSULTANT hereby agrees to protect. defend, indemnify and hold harniless CITY and its officers. elected or appointed of'icials, employees, agents and Volunteers. from and against any and all claims. damages, losses, expenses. demands and defense costs (including, without limitation, costs and fees of litigation of-every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of: pertain to, or relate to the negligence. recklessness. or willful misconduct 01 CONSULTANT. In no event shall the cost to detcnd charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share ol'delense costs due to bankruptcy or dissolution of the business, CONSULTANT- shall meet and confer with CITY and other defendants regarding unpaid defense costs. The ditty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's lees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 1-10633270809 O5/19-204 133 4ot IJ 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 fir CONSULTANT's professional liability in an amount not less than One Nlillion Dollars ($1.000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of' the scope of work (including subsequent policies purchased as renewals or replacements). 13. CONSUI:fANT shall notifv CITY" of circumstances or incidents that might Live rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJI-CT- 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 perlormcd in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election. to forthwith terminate this Agreement. Such termination shall not 1-1063sr_;08N 05n9=Liss 5 of' I3 ef7ect Consultant's right to be paid for its time and materials expended prior to notification of- termination. CONSULTANT waives the right to receive compensation and agrees to indemnity the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE' OF INSURANCE Prior to commencing performance of- the work hereunder. CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy: B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party. reduced in coverage or in limits except after thirty (30) days' prior written notice: however. ten (10) days' prior written notice in the event of cancellation for nonpayment of- premium. CONSULTANT- shall maintain the foregoing insurance coverage in force until the work under this Agreement is ILlly 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. 21-10635070801) 0$/19-2041 33 6 of I3 1 1 . INDBPI-NDEN"I- CON-I-RAC'1'OR CONSULTANT- is. and shall be. acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense. and be responsible for any and all payment of all taxes, social security. state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its olficers, 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 CONS ULIAN-T's services hereunder at anv 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 CONSUI.:TANT 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. a. ASSIGNMF..NT 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. Hart assignment. delegation or subcontract is approved. all approved assignees. delegates and subconsultants must satisl) the insurance requirements as set forth in Sections 9 and 10 hercinaboye. 21-1063 5/170809 05119--204n3; 7 of l 14. C:OPYRIGLITYPATENTS CITY shall own all riehts to any patent or copyright on any work, item or material produced as a result of this Agreement. I CITY EMPLOYEES AND OFFICIALS CONSUL PANT shall employ no CITY official nor any regular CITY employee in the Nvork perlonned 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 CONS U LTA NIT'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. certilied mail-return receipt requested: TO CITY: TO CONSULTANT: City of 1-luntington Beach EPD Solutions, Inc. AVFN: Alyssa Helper AYFN: Jeremy Krout 2000 Main Street 2 Park Plaza. Suite 1120 Huntington Beach, CA 92648 Irvine, CA 92614 21-10635r 7030'7 05n9d1Wn33 8 of 13 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval 1br 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. 19. 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 am, provision of this Agreement. 20. INTERPRETATION OI- THIS AGREE,NIE'•NT 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. 11' 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 2 1.10635270809 05/19-261133 901, 13 contrary to law. and wherever there is anv conflict between any provision contained herein and any present or future statute. law. ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE' ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of-which so executed shall. irrespective of- the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. 1NIMIGRATI0N CONSULTANT shall be responsible for fall 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 CITI' 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 Beoch 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. 21-10635270309 05/19-204133 10 Of 13 24. ATTORNEY'S I:EIS In the event suit is brought by either party to construe. interpret and/or enforce the terms and/or provisions of-this Agreement or to secure the performance hereof', each party shall bear its own attorneys fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the nonprcvailing party. 25. SURVIVAL Terms and conditions of this Agreement. which by their sense and contest sw-Viye 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. SIGNATORIIiS Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnik, CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact. held by the signatory or is Withdrawn. 28. ENTIRFTY 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, 21-I0035270809 05/19-204133 11 of 13 promise. agreement, warranty. fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement benveen the parties respecting the subject matter of this Agreement. and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereol'. 29. EFFECTIVE DATE -I-his Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEIREOF. the parties hereto have caused this Agreement to be executed by and through their authorized otlicers. 21-I O63i!'70309 05/19-204 133 12 of 13 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of EPD Solutions, Inc. California By: z II City Manager r INITIATED AND APPROVED: Rine ame ITS: (wele aneJ Clwnn (widen ice P'evdaN AND Director of Community Development APPROVED AS TO FORM: nww City Attorney ITS: (e4rle axJ et Financial Officer/Asst. Secretary—Treasurer Date RECEIVE,AND FILE: City Clerk Date COUNTERPART 21-1063Y270e09 05/19-204133 13 of 13 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of EPD Solutions, Inc. California By: ' y Manager INITIATED AND APPROVED: print name ITS: (circle one)Chairman/President(v ice President 1A ` AND Director of Community Development APPROVED AS TO ORM: By: print name City ttomey ITS: (circle one/Secretary/Chief Financial Officer/Asst. Secretary—Treasurer ate RECEIVE AND FILE: A City Clerk Date 21-10635270809 05/19-204133 13 of 13 EXH1131T "A" A. STATEMENT OF WORK: (Narrative of work to be performed) EI'D Solutions, Inc. will prepare an Addendum to the 1101h•-Seaclill Specific Plan Environmental Impact Report for the Flolly Triangle Townhomes project. The scope ol'x ork received August 30. 2021 is attached. 13. CONSULTANT'S DUTIES AND RESPONSIBILITIES: See attached scope of work. C. CITY'S DUTIES AND RESPONSIBILITIES: See attached scope of work. D. FORK PROGRAM/PROJECT SCHEDULE: See attached scope of work. EXI-IIBIT A EXHIBIT A Proposal for CEQA Analysis November 8, 2021 Townhomes of Main Street& Garfield Avenue Page 3 CEQA UNDERSTANDING If the lead agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR,and no new environmental document would be required. The project could tier from the HSSP EIR as an addendum pursuant to CEQA Guidelines Sections 15162 and 15164,using a checklist to provide the basis for the City's determination that no supplemental or subsequent EIR is required. EPD recommends the use of a CEQA addendum pursuant to Section 15164 of CEQA Guidelines because the project represents a minor technical change from the project analyzed in the HSSP. As described below,the scope of the review for project-related impacts for the addendum will be limited to changes between the intensity analyzed in the previously certified HSSP EIR and the proposed project. SCOPE OF WORK ■ Task 1: Project Initiation and Preparation of Project Description ■ Task 2: Preparation of Technical Studies ■ Task 3: CEQA Document ■ Task 4: Meetings 8. Hearings • Task 5: Project Management Task 1. Project Initiation and Preparation of Project Description Project Description One of the keys to successful CEQA compliance is a clear definition of the project and its components. The project description must be complete, comprehensive, and stable and finite in order to analyze the impacts accurately and fully. EPD will identify any additional information needed to develop a thorough and complete project description. EPD will also confer with the project team during this early process to discuss the potential environmental Impacts of the proposed project. This upfront evaluation of impacts will allow the team to consider project measures that would minimize environmental impacts, a process known as "mitigation by design" which is important because no mitigation measures can be required in on exemption. As part of this initial review, EPD will confer with the team to determine if any issues might come up related to the thresholds of significance. Subsequent to this initial analysis, EPD will discuss with the team the results and identify any potential issues relative to the impact analysis and mitigation measures. EPD will provide a draft of the project description to the project team for review, EPD will make revisions as necessary. One round of revisions is assumed. Task 2. Technical Studies-CEQA Peer Review The following technical studies are excluded from this proposal as they are assumed to be provided to EPD in Word and PDF formats by the City. EPD will peer review these studies for CEQA adequacy. The technical studies would be reviewed to ensure the correct baseline, what was assumed for the site by the HSSP EIR, was utilized.If the technical studies are deemed inadequate or require substantial revisions,EPD can prepare an additional scope for revised or new technical studies. • Phase I Environmental Site Assessment • Preliminary Hydrology Study • Preliminary Water Quality Management Plan • Geotechnicol Investigation • Air Quality, Greenhouse Gas, Noise Analysis Urban Planning a Due Diligence a Entitlements a CEQA/NEPA a Development Services a Monagemem a Public Outreach 2 Park Plaza,Suite 1120 a Irvine,Calif.92614 949.794.1 180 o info(aleodsolufonscom Proposal for CEQA Analysis November 8, 2021 Townhomes at Main Street & Garfield Avenue Page 4 • Traffic Study Task 3. CEQA Addendum Task 3.1 Administrative Draft Addendum EPD will prepare a written justification providing substantial evidence that the project screens out of further CEQA documentation under CEQA Guidelines Section 15164, using CEQA Guidelines Appendix G Thresholds and referencing the technical studies mentioned above to support the statements of consistency with the Section 1 5164 findings, as well as Section 15162 findings (demonstrating that no subsequent EIR would be required). EPD will prepare an administrative draft document for the City's review. Task 3.2 Final Addendum and Notice of Determination One round of City review and comments of the Administrative Draft CEQA document is assumed. Upon internal team approval of the City's comments, EPD will deliver the final draft to the City. Upon the City's approval of the environmental document, EPD will coordinate with the County Clerk and planning staff to prepare and file the Notice of Determination. Task 4. Hearings EPD will attend two team public hearings (either in person or via conference call), which are assumed to be before the Planning Commission and City Council. For budgeting purposes, the hearings are assumed to be two hours. This task also includes hearing meeting preparation, which will include compiling a PowerPoint presentation. EPD staff will be available to respond to Planning Commission/City Council questions on the project. Task 5. Project Management This task includes project management and coordination of CEQA activities only. Over the remaining 6-month entitlement period, 8 hours per month is assumed for the CEQA Project Manager (Konnie Dobreva) and 3 hours per month is assumed for the Project Director (Jeremy Krout). Project management of the entitlement and design consultants (architect, landscape architect, etc.) may be contracted separately. FEES & EXPENSES EPD proposes the following fees for this CEQA analysis, based on the scope of work defined above. Fees would be billed pursuant to the attached Provisions of Agreement. This budget assumes completion of the project within a 6-month entitlement period; if entitlements extend beyond that period for reasons outside of EPD's control, we may request a supplemental fee to account for ongoing project management and coordination expenses. This budget does not include direct expenses or processing or application fees. Task Cost Task 1. Project Initiation & Preparation of a Project Descri tion $2,425 Task 2. Technical Studies-CEQA Peer Review $6,500 Task 3. Preparation of CEQA Document Task 3.1 Administrative Draft Addendum $23,000 Task 3.2 Final Draft and NOD $4,760 Task 4.Meetings,Conference Calls,and Other Communications $3,1 20 Task 5. Project Management & Coordination $5,330 Labor Subtotal $45,135 Ex enses $1,500 Total Costs $46,635 Conlin enc 20a�u S9 327 TOTAL WITH CONTINGENCY $55,962 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S tees for such services shall be based upon the following hour]\, rate and cost schedule: President/Principal $250 - $275 Vice President of*: Planning/Environmental 5230 - $250 Planning/ Development. Transportation Planning; Principal Engineer Director of: Planning/Environmental 5210 - 5230 Planning/Development, Transportation Planning Senior: Project $185 - S210 Manager/Planner/I-ransportation Planner/Eneinecr/Environmental Planner/Associate Project Manager S 170 - $185 Associate Planner: Environmental Planner: S160 - SI70 Transportation Planner Assistant: Project Manager, Environmental $150 - $160 Planner: Transportation Planner: Project Planner Project Coordinator: GIS Analyst: Graphics $135 - $150 Specialist: Technical Editor Support Staff S85 - S 135 13. Travel. Charges for time during travel are not reimbursable C. Billings I . All billing shall be done monthly in fifteen (I5) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. '['flat total should provide, at a glance. the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters. reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product. CITY shall identily specific requirements for satisfactory completion. d. CONSULTANT shall submit to CITY an invoice for each monthly payment duc. Such invoice shall: 1 lixhibit 11 A) Reference this Agreement; 13) Describe the services performed. C) Show the total annxnll of the payment due; D) Include a certification by a principal member of CONSUL fANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 1 ) For all payments include an estimate of the percentage of'work completed. Upon submission of any such invoice. if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of' tasks in accordance with this Agreement. CITY shall approve the invoice. in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice. CITY shall notil:y CONSULTANT in writing of the reasons for non-approval and the schedule 01' performance set forth in Exhibit "A" may at the option of CFIY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. �. Anv billings for extra work or additional services authorized in advance and in writine by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. I xhibit 13 1 ENVIPLA-02 .4CORO CERTIFICATE OF LIABILITY INSURANCE pA,E IMMt arrrYl �� +v+mzox+ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder is an ADDITIONAL INSURED,the policy(")must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this cartmuts does not confer rights to the certificals holder In lieu of such endoreemen s. PRODJCER Licensa s OE67766 c,��c!Dsvld 3ffuentes - -_ IDA Insurance Services 7 FAX 3875 Hoard Road —N. .S 08uh ixomsunez � .7383 -- Pleasanton,CA 94588 -_ ateuRlNsl Arraearq wYF669E_-- -INSURER A Continental Casualty Company __ - __ 204 3 *6s D INSURER 0 Hartford Casualty Insurance Comg_ry -_ _ 29424 - Environment Planning Development Solutions Inc dba EPD MRC Solutions Inc 2 Park Plaza,Suite 1120 — Irvine,CA 92614 [: _ aWOM r: COVERAGES I N I N NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VMTN RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Pow AO1. TYPE OF M r FP POLICY lIv LWRa A X f.'OIwrOCNl elNFlrlA�l llAaRlry FAGH RRENCE s 2,000,OC' CwMSAtADE U CCCUR X X B6025654530 APPROVED AS fA&0 ftj4 W2312022 �TonuamaiinJ .1 1,000.00: MED EXCIArry Ply Parlor) PERsoNALa�rnIINJURY a 2,000.000 M TllTEPaIIT AF if PM. By: MIC7IAE E.GATE$ nERAL AGGREGATE III �.�O.ODB F'OUCY Il X�JILT ILJ LOC CITY ATTORNEY �.CCMP,oP ADCs 6 a,000.000 CITY OF HLAMNGTON BEACH ' 1WIh'OTHER 1.000.000 A Auncescal Laa Lry � ;u a...aa:0 DSINGLE LIMIT X ANYAM X X 86025654530 6123,2021 6;2L2022 OPE „I" Pr D Lr. v r 21pp ONLY N &M RU0ONLY RAE A X urraeuu Lllla occult -. _ RR 4,000.000 EXcesa LAM X CUUMSAAOE X X '8 11025414113132 W2312021 61231'2/122 AGGREGATE 4.000,000 DED I X RETENTIONS IDIOM B W�t�/DOs11[MIAUTION X W _ Yin X 57 WEG AC208W 9/3012021 9/30/2022 E L EACKACCIDEMT 6 7,000,00' ANY OWPATNWCrtrvE FNIX NIA EL EnILASE EAEMPLOYEE If 1,000,000 '.R Illlub umr DISEASEPOLCv LIMIT 6 1,000,000 A X EH691823312 9/30/2021 9/3012022 Per Clalm 2,000,000 A ProlaslonN Llab. X EEH691923312 9/3012021 9130/2022 Aggregate 4,000,000 0laCRIPTON OF OPEAATONS LOCATION$I VEHICLES IACOPO 1e1,Aeaarrl Ramrxs Yhleel,"Y M IRFCMU x n,o1a aMu la rpuhel RE:Holly Triangle Townhomes As required by The City of Huntington Beach written contract or agreement.In-addition to(If applicable)the governing written contract or agreement:T) Commercial General Liability policy shall Include(a)additional Insured coverage and contain(b)primary a non-contributory and(c)vralver of subrogation provisions for any additional insured;(2)to the extent applicable,Automobile Liability policy shall Include(s)additional insured coverage and contain(b) primary 6 non<onMbutory and(c)waiver of subrogation provisions for any additional Insured;(3)to the extent applicable,Commercial Excess Liability policy shall apply on a follow-form basis,excess of commercial general liability,automobile liability and employers'Ilabllity pollcy(ies)with such coverage Ming concurrent with underlying insurance;(4)to the extent applicable,Workers Compensation and Employers'Liability policy shall include a waiver of subrogation provision;(5)Professional Liability policy shall apply on a claims-made basis and include a waiver of subrogation provision. CERTIFICATE DER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHW VFD RFPRFSlMATR2 The City of Huntington Beach 2000 Main Street __ HuntnDlon Bead CA92648_-- ACORD 25(2016103) C 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Taken from active CEQA Qualified Consultants 2019 List Proposals Solicited for Preparation of an Addendum to the Holly-Seacliff Specific Plan EIR (Holly Triangle Townhomes) #1 ESA Terri S. Avila 16755 Von Karman Ave., Suite 200 Irvine, CA 92606 949-753-7001 #2 Psmomas Alia Hokuki 3 Hutton Centre Drive, Suite 200 Santa Ana, 92707 714-7S1-7373 #3 Environmental Planning Development Solutions Inc. Jeremy Knout 2 Park Plaza, Suite 1120 Irvine, CA 92614 949-794-1181