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HomeMy WebLinkAboutJONES & STOKES - 2006-09-25CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor Jones & Stokes Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Prepare environmental documentation for Warner -Nichols project Amount of Contract: $74,051.00 Copy of contract distributed to: The original insurance certificate/waiver distributed t❑ Initiating Dept... ❑ o Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: ./7/0 Na a/Extension City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Jones & Stokes Associates FOR Environmental Documentation for Warner -Nichols project Table of Contents i Scope of Services......... ........................... ..........................: .........................1 2 City Staff Assistance .... ........................................................ .........................2 3 Term; Time of Performance............................................................................2 4 Compensation ................................................................... .........................2 5 Extra Work ........ ............................................................... .........................2 6 Method of Payment................................................:...................................3: 7 Disposition of Plans, Estimates and Other Documents......................................3 8 Hold Harmless ............ ...............................................................................3 9- Professional Liability Insurance................:...................................................4 10 Certificate of Insurance...............................................................................5 11 Independent Contractor..................................................................................6 12 Termination of Agreement ........................ ........................... .........................6 13 Assignment and Delegation .............. ............................ ......... .........................6 14 Copyrights/Patents......................................................................................7 15 City Employees and Officials......................................................:................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................8 18 Modification......................................................................., .........................8 19 Section Headings ......... .......................... ...................................................8 20 Interpretation of this Agreement.....................................................................8 21 DuplicateOriginal.................................................................. .........................9 22 Immigration.......:.:.... ..9 .. ........ ........ ..... ... 23 Legal Services Subcontracting Prohibited .... ..................................................9 24 Attorneys Fees ...............................................................................................10 25 Survival.......................................................................................................10 26 Governing Law ............ ....................................................: .........................10 27 Entirety......................................................................................................_..10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Jones & Stokes Associates' Environmental DocumenVaption for Varner -Nichols Project THIS AGREEMENT ("Agreement") is made and entered into this 2 5 th day of September 06 20 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Jones & Stokes Associates California corporation �a hereinafter referred to as "CONSULTANT" WHEREAS, CITY desires to engage the services of a consultant to prepare environmental documentation for Warner -Nichols -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 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 Charles Smith who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profservl0/15/01-A 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on eptember 6, 2009 unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 3 6 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 seventy four thousand fifty one $74,051.00 Dollars ($` ). 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/profserv10/15101-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/profserol0/15101-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 policiespurchased 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/profserv10/15101-A 4 10. CERTIFICATE OF INSURANCE Prior to commencingperformance 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 ownn cost and expense, and be responsible for any and agree/forms/profsery 10/15101-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/profsm 10/15101-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 snail -return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Jones & Stokes Associates ATTN:Christopher S. Davis ATTN• Charles Smith 2000 Main Street Huntington Beach, CA 92648 11310 Red Hill Ave . , s to 320 Irvine, CA 92614 17. CONSENT When CITY's consentlapproval 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/profserv10/15101-A 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/profserv10/15/01-A 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 FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this: Agreement or to secure the performance hereof, agree/forms/profservl0/15/01-A 9 each parry shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. 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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the, subject matter hereof. agree/forms/profsery 10/1510 1-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, CITY OF HUNTINGTON BEACH, %� a municipal orporation of the State of California Dir or of �/ti/U///1iC� By-_ (Pursuant To HBMC §3.03.100) Jr7�V► t�pW �`�S .print na e ITS: (circle one) Chairman/President/Vice President APPR AS TO FORM: AND t L City AttOrn �O By: �i t'' Gt d1 �S RE D AND AP ROVED: print nameecre ITS: (circle one) /Chief Financial Officer/Asst. ow Secretary Treasurer City Administrator �oolnlyjbr contracts $50,000.00 and over) agree/forms/profse 10115/01-A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth. CA 91313-2402 - wwwnationalnotary.org Prod.No. 5907 Reorder: Call Toll -Free 1-800-876-6827 t , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss: County of s'19t i, On __ , vZBOfe before me,>�U_G�TsiQd3', A�® .r%Ls�►�. Date Name and Title. of Offic r (e.g-,'Jane DoeAotary Public") personally appeared sC.T�f?,JxS' Name(s) ofSigner(s) [�_Kersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose 'name(s) is/are ® �� B subscribed to the within instrument and JJrJiTN Gi3f�S acknowledged to me that he/she/they executed Commission # 1381232 `z Notary Public - California D the ' same in his/her/their authorized z capacity(ies), and that by his/her/their Sacramento County y MyComm, Expires Oct 22, 2006 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. C::) r - - ;�11 .Signature of Notary Public OPTIONAL Though the information below is not required by law, it may valuable to 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: C �iVJ` — �.r✓ /L Document Date: Number of Pages: r(s) Other Than Named Above: Capacity(ies) ed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): _7�� - ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact © 1999.National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www:nationatnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Section 2 Scope of Work Background An IS completed for the project found that the only potentially significant environmental impacts resulting from the project would be to cultural resources. The property to be developed contains three residences, two churches and one barn that are associated with Japanese immigrants to the area of the City formerly known as Wintersburg. Because the buildings were previously evaluated as historically significant, it is assumed that the City considers them to be historical resources for the purposes of CEQA. It is further assumed that, if the project is approved, demolition of the historic buildings cannot be mitigated to ales -than -significant level (for precedence in case law, see League. for Protection of Oakland's Architectural and Historical Resources v. City of Oakland), and that a,Statement of Overriding Considerations would be necessary. If that is the outcome, development of mitigation measures to reduce the magnitude of the impacts, but would not avoid impacts completely, would be appropriate. Proposed Scope of Work Jones & Stokes will assist the City throughout the entire CEQA process for the proposed project, through the project decision and the notice of determination. While extensive work efforts have been completed by the project applicant, our scope of work will involve an in-depth evaluation of existing information, a peer review of studies provided by the project applicant, preparation of supplemental environmental analyses (where needed), and an assessment of the environmental ' impacts of the proposed project. We will work closely with the City as an extension . of staff, while maintaining an objective approach to evaluating the environmental impacts of the project. Our proposed scope of work is detailed in the following tasks. Task 1. Project Initiation/Kick-Off Jones '& Stokes' project management team will attend a start-up meeting with the - City to obtain and compile background information, and gain a firm understanding of the details involved with the project. We will finalize the scope, format, and approach of the EIR, and will establish ground rules for interaction with the City and applicant (if necessary). Jones & Stokes assumes that a complete project description, including demolition activities and pertinent maps, will be provided to us at that time or before. The meeting will also be used to identify additional information needs, City of Huntington Beach Jx { # 24, 2006 Propow1 fo, E....,&d Documentation �� Jones & Stokes P1038.03 Section 2. Scope of Work 2-2 critical issues, and to gather available documents, reports, studies, maps, electronic files, and other applicable environmental information. Task 2. Cultural Resources Studies Subtask 2.1. Peer Review of Previous Studies. A Jones & Stokes architectural historian will review the previous evaluation of the historical significance of the property completed by Tim Gregory, as well as the findings of the IS regarding cultural resources. The review will compare the methods of the Gregory study to industry standards for historic architectural studies and will include a field review of the physical condition and historic integrity of the property. Review of the IS cultural resources findings will be based on the CEQA Guidelines (Sections 21084 and 15064.5) and on CEQA case law related to historical resources. We will provide our opinion as to whether the existing study is adequate for CEQA compliance. purposes, and will advise the City accordingly. For scoping and costing purposes, we assume that the existing study will be adequate for use in the Focused EIR. r Subtask 2.2. Additional Cultural Resources Studies. Based on the peer review, additional cultural resources studies may be necessary. An initial review of the previous studies indicates that additional historical research will not be necessary, but that additional field survey likely will be necessary. Such field survey would evaluate the buildings within the overall historic landscape on the five -acre parcel, taking into account associated agricultural fields, plantings, such as trees, and other structural' remains, such as the fish pond. Assuming additional field survey is completed for i the property, Jones & Stokes will prepare an update to the Department of Parks and Recreation Series 523 form previously completed. We assume the City will arrange for property access, including building interiors, } The purpose of the additional evaluation would be to establish all of the historic components of the property and, thereby, establish the character -defining features of the historical resource. Identification of the character -defining features will be a criticalcomponent of the impacts analysis for the EIR. In addition to the built environment, it is possible that historic archaeological deposits associated with the Japanese -American residents of the property are among the character -defining features of the resource. Therefore, Jones & Stokes recommends completion of the' additional Subtask 2.3 Archaeological Assessment; which is outlined following this scope of work but budgeted separately. Subtask 2.3. Archaeological Assessment. Although the Initial Study states that previously documented archaeological sites do not exist in the project area, the potential for previously unidentified prehistoric and historical archaeological resources was not included in that analysis. Because the project area has remained undisturbed subsequent to its historic occupation, Jones & Stokes believes it is likely City of Hmnftgton Beach Z � �' Jones Stokes Jmly 24, 2006 Pr4jiaralfor Eau mmental Dacmmentation � �P1038.03 Secioi 2. Scope of Work 2-3 that previously unidentified potentially significant surface and subsurface historical archaeological remains associated with Japanese occupation are located within the project area. Historical archaeological remains include such pings as basements, "privies," trash scatters, and wells that were utilized by the occupants as places to store or relocate goods and refuse (artifacts) prior to the utilization of indoor plumbing and organized municipal trash removal. Amongother research domains, this information could provide tremendous insight into the ways in which ethnic identity and gender roles were preserved or adapted by the immigrants, the availability of specific material goods, and employment networks and opportunities. According to CEQA, the term "historical resource" applies to any building, structure, object, or archaeological site that is eligible for listing in the California Register of Historical Resources. When a project will impact an archaeological site, a " lead agency is required to determine whether the site is a historical resource before impacts to a project can be assessed (15064.C1). In addition, the City's General Plan (1996) establishes that the City's historically and archaeologically significant resources should be identified and protected as a matter of policy (HCR 1.1). Therefore, Jones & Stokes believes that the City should address potential impacts to archaeological resources in the EIR through completion of the following subtasks. l Records Search and Consultation. Jones & Stokes cultural resources staff will conduct a record search at the South Central Coastal Information Centerofthe ` California Historical Resources Information System located at California State University, Fullerton. The record search will consult California's database of previous studies and previously recorded archaeological sites within the proposed i project area and within a 1/a mile radius of the project area. Staff members will initiate consultation with Native Americans through the Native American Heritage Commission (NAHC) and request they consult their sacred sites index and refer us ' to interested individuals with knowledge of resources of concern to Native Americans that may be present or adjacent to the project area. Jones & Stokes will i also contact local historical societies and ethnic organizations with information and/or affiliations to the Japanese occupation of the project location. E Field Survey. A Jones & Stokes archaeologist will survey the project area. The archaeologist will examine the ground surface for evidence of both prehistoric and historic archaeological deposits. The survey will consist of transects no more than 15 meters in all areas of exposed ground surface. For the purposes of estimating costs, Jones & Stokes assumes that no more than one archaeological site will be identified in the field. If additional archaeological sites are identified during the field survey, a budget augmentation will be required. f Technical Report. Jones & Stokes will prepare one copy of the technical report, which will be a confidential appendix to the EIR. This report will contain the project description, regulatory framework, field and research methods, prehistoric, Cary of Huntington Beach ''� Jones & Stokes July 24, 2006 € P anal orEnvimnmenialDocumentation �i P1038.43 E Section 2. Scope of Work 2-4 ethnographic, and historic contexts, study findings. As required by the State Office of Historic Preservation (SHPO), two additional copies of the technical report will be placed,on file with the South Central Coastal InformationCenter. Archaeological survey will be completed for up to 4.92 acres (project parcel). If additional acreage requires survey, a budget augmentation will be necessary. It is assumed that no federal funding or permitting is included in this project. It is further assumed that no more than one archaeological site will be identified on the ground surface. Subsurface archaeological testing, evaluation, and data recovery are not included in this scope of work. Task 3. Draft Environmental Documentation Subtask 3.1. Project Coordination. Jones & Stokes will attend any necessary meetings with City staff during preparation of the Draft EIR to discuss project progress and to review City comments on the screencheck draft document. For scoping and costing purposes, we assume attendance at up to two meetings. In addition, we will provide regular communication with City staff via telephone, e-mail, and written progress reports. Subtask-3.2.-Preparation of Administrative Draft EIR. Jones & Stokes will prepare an administrative Draft EIR pursuant to the CEQA Guidelines. The project to be 1 analyzed is the proposed demolition of historic buildings and redevelopment of the property with a retail/office building and storage facility. If, during the process of preparing the EIR, the project proponent and the City decide to undertake a different project on this site, Jones & Stokes will require a revision to this scope and contract augmentation for additional work. Jones & Stokes will assist the City in identifying a range of alternatives to the project that would avoid or reduce its impact on the historic resource: These alternatives will be considered in the EIR, as required by CEQA, and will include no -project (no - build) and a build alternative that includes preservation, which likely would involve moving some or all of the buildings to another site. The feasibility of these alternatives will be discussed with the Project Applicant and the City. Jones & ' Stokes does not propose to conduct any economic analysis to support feasibility findings. The alternatives must be identified and described before Task 3 may begin. j Iris assumed that economic analysis related to the feasibility of the preservation alternative can be provided by the project applicant or the City. Consistent with the State CEQA Guidelines, the EIR will be organized as follows: ■ Cover sheet; ■ Summary (including Executive Summary, Project Impact Summary, Alternatives Summary, and Summary of Impacts after Mitigation and Major Findings); City ofHnntington Beach( oriel > Stokes July 24, 2006 ProposlforEnvironmental Documentation P1038.03 1 Section'2. Scope of Work 2-5 ■ Table of Contents; ■ Statement of Purpose and Need (Project Description and Objectives); ■ Description of Alternatives; ■ Environmental Setting; ■ Environmental Impacts and Mitigation, (including growth inducement and cumulative impacts); ■ List of Preparers ■ List of Agencies and Organizations Consulted a ■ Appendices s ■ Index Jones & Stokes will submit 10 copies of the Administrative Draft EIR to the City for review and comment. Subtask 3.3. Preparation of Public Draft EIR. Jones & Stokes will revise the Administrative Draft EIR per the City's comments and prepare a public review draft. j We will submit 40 copies of the Draft EIR and 25 Technical Appendices plus one unbound reproducible original copy to the City. In addition, Jones & Stokes will l provide an electronic copy in Microsoft Word and an indexed searchable PDF 1 version to the City for public distribution. Jones & Stokes will distribute copies of the Draft EIR to applicable state, federal, and local agencies, and will post the document at the County of Orange. It is assumed that the City will distribute copies of the Draft EIR to internal city agencies, libraries, and provide notices to individuals and nearby property owners. To assist in the task of providing copies to review agencies, Jones & Stokes will submit 15 copies and a notice of completion to the State Clearinghouse in Sacramento for distribution to State agencies. In all, Jones & g Stokes will produce 55 copies and one camera-ready copy. 3 Subtask 3.4. Notice of Availability and Notice of Completion. Jones & Stokes will provide a notice of availability and notice of completion for the Draft EIR, and will i submit one screencheck copy for City review prior to finalizing the notices. Jones & Stokes will send the notices to county, state, and federal agencies in accordance with a City -approved list. The City will be responsible for distribution of notices to area i property owners and organizations within the City, publication in newspapers, and transmitting notices to the County Clerk for posting as required under CEQA. Jones & Stokes will submit the notice of completion to the State Clearinghouse for distribution to state agencies. The public review period will be 45 days. c Subtask 3.5. Preparation of Graphic Exhibits and Handouts. Jones & Stokes will prepare graphic materials and handouts .for community meetings, public hearings, e �( �T Cif aH- ntington Beach /))t �fl�ie.S Q S+�i1e.S July 24, 2006 P 1 orEnwwmentalD&wmenwwn l & i P1036.03 Section`2. Scope of Work 2-6 and study sessions, with the exception of GIS exhibits to be provided by City staff. This may include preparation of a PowerPoint presentation, executive summary documents, and other visual aids for presentation at meetings. il Subtask 3.6. Presentations at Public Meetings and Hearings. Jones & Stokes' Project Director will be available for presentations at all public meetings and hearings on the project. This scope of work assumes one study session and one public hearing each with Planning Commission and City Council (in the event of an appeal) during preparation of the draft document in order to convey preliminary results and to gather input from commissioners and council members. The presentation will be drafted in PowerPointbyJones & Stokes. We will meet with the City to review and finalize the presentation. Jones & Stokes will also provide strategic advice related to key messages, Q&A preparation, and meeting format. We will prepare other meeting related items, including two foam core presentation boards, sized TxY in color and sign -in sheet. Task 4. Final Environmental Documentation Subtask 4.1. Preparation of Responses to Comments. Jones & Stokes will organize and evaluate comments received from the public and other agencies, and will draft responses to all comments, received during the public review period. We will scan all comment letters and annotate comments to cross reference responses in the Final r EIR. We will contact City departments early in the process and will discuss the issues prior to drafting responses to comments, if necessary. For costing purposes, we will estimate responding to approximately20 substantive comment letters. We j will submit up to 10 screencheck copies of the Draft Response to Comments to the City, and will distribute responses to commenting parties and agencies at least 10 days prior to the public hearings on the Final EIR. Subtask 4.2. Preparation Final EIR. Jones & Stokes will prepare a Final EIR, which will include all comments, Responses to Comments, technical appendices, and other related documentation. The Final EIR will include an errata to the Draft EIR, with revisions provided in a redline/strikeout format, based on comments received and other changes that may be necessary between the Draft EIR and Final EIR We do not anticipate reproduction of the Draft EIR in its entirety, and assume that the Final EIR would not require significant new analyses to address comment received ' on the Draft EIR. We will produce up to 40 bound copies of the Final EIR containing Response to Comments, plus one unbound reproducible copy, an electronic copy in MicrosoftWord, and an indexed searchable PDF version of the Final EIR. Subtask 4.3. Preparation of Certification Documents.. Jones & Stokes will prepare Findings of Fact and a Statement of Overriding Considerations (if necessary) for the project. The Findings of Fact will document any significant environmental impacts Cily of Hxntington Beach ��` Ju4 24, 2006 ProposalforEnvironmentalDocumentation �OrIES&Stokes P1038.03 f 9 Section"2. Scope of Work 2-7 i M I a and explain how the decision makers address the significant environmental impacts and alternatives evaluated in the EIR. These documents will 1) provide conclusions regarding each significant impact; 2) explain whether the project has been changed (mitigation incorporated) to reduce or avoid impacts, or whether significant impacts remain; and 3) explain whether any benefits outweigh significant environmental impacts. We will prepare two screencheck copies of the certification documents and one reproducible final electronic copy. Sub#ask 4.4. Preparation Mitigation Plan. Although the mitigation plan will define the terms of mitigation measures, this scope does not include implementation of such mitigation. Jones & Stokes will prepare a mitigation monitoring and reporting plan (MMRP) in conjunction with the Final EIR to identify mitigation measures, timing, responsibility for implementation, and monitoring methods. We will submit up to four screencheck copies of the MMRP and one reproducible final copy. Jones & Stokes will work with City staff to identify appropriate responsible parties, methods, and timing. The plan will include all accepted mitigation measures and an indication of the following: ■ The project time period to which the measure applies (e.g., construction, operation, pre -/post -occupancy); ■ Future review or reporting requirements involved in a measure ■ Responsible party for cost of mitigation; ■ Responsible party for implementing and enforcing the mitigation; • Requirements for monitoring by outside agencies; and ■ Monitoring and reporting frequency. S bt k4r, P M t• fp t • H F ll Al fi fth u as .. repare o ice o e erm�na ion. 011e cert� canon o e Final EIR, Jones & Stokes will prepare a_Notice of Determination for the project, and will file the NOD with the County Clerk within five days of the decision on the project. The Applicant will be responsible for paying any fees to the County Clerk. Schedule We have provided an estimated schedule for the preparation and processing of the EIR for the proposed project. Generally, we can complete the EIR within 7 months, depending upon the issues and complexity of the project elements. A timeline with milestones is provided in Figure 1. City of Huntington Beach �� } July 24, 2006 ProposalforEnvlronmentalDocumentation Jones & Stokes P1038.03 Figure 1. Proposed Schedule for Environmental Documentation for Warner -Nichols Development Week Endin 1 8 ' 15 22 29 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 22 29 2 9 16 23 2 9 16 23 30 `6 13 20 27 Sept OctTask Study Initiation/Kick-Off Develop Project Description and Objectives Prepare Screencheck Draft EIR City Review of DEIR Prepare 2nd Screencheck DEIR City Review and Distribute DEIR Public Review Period (45 days) Prepare Response to Comments City, Review of Final EIR Prepare Final EIR Certification (Projected) Schedule will be adjusted contingent upon execution of the Reimbursement Agreement with Rainbow Disposal �X2W,61 -7— Section 3 Fee and Budget Schedule This section provides our proposed budget and "not -to -exceed" amount for CEQA Services to be performed pursuant to the Scope of Work of this proposal. 'Jones & Stokes proposes to prepare and process all aspects of the CEQA documents for the proposed development project for a not -to -exceed cost of $74,051. Jones & Stokes believes that the chances of discovering unidentified potentially significant surface and subsurface historical archaeological remains within the project area are high; therefore, we are recommending that an archaeological assessment be included as part of the EIR analysis rather than including it as an optional task. A breakdown of these fees is provided on Table 1, which identifies the category and identity of professionals and staff that will perform each category of work, and billing rate for each professional All administrative overhead is incorporated into the hourly billing rates and will not be separately passed through or otherwise charged to the City. Direct costs, including reproduction, communications; postage, transportation, photos, equipment rentals, and other administrative expenses, are included in this overall cost estimate. z a. k City of Huntington Beach R Jones & Stokes July 24, 2006 Proposal fwEnvlmnmental Documentation 1 P1038.03 Table 1. Cost Estimate for City of Huntington Beach Warner -Nichols Project EIR Consulting Staff Production Staff Hours Smith C Beckstrom C Piantka M Greenwood D 'Robinson M Ackerman A Bass R Tech Graphic Admin Labor - Direct Total' Task Proj Dir Env Sci Sr Env Sci Env Spec 11 Env Sci Env Spec 11 Proj Dir Subtotal Editor Artist Tech Subtotal Total Expenses Price 1. Pro ect initiation/Kick-Off Meetin ......... . �:. .... �.. ............... 2 4 , 4 4 .. ........ $1 820 $0 $1 820 2. Cultural Resources Studies ..... ... ...... $0 ..,.. ..... $0 $0 2.1 Peer Review of Previous Studies ....................................... :.•.::... 2 4 4 .......:.. /........ ,.:...:... <................• a :...:.. ...:.....6 .:::.::. t........ ........a ......... $1 16D ......... ..,.....: 1.,....•. .I.....:. .. $0 .................... $1 160 ................... .......... .:...... 2.2 Additional Cultural Resources Studies 50 $4,750 2 4 2 $542 $5,292 ........ .......,. .:....... ......... ...,:.,. ......... 2.3 Archaeological Assessment ::.• ,....,. ...... .:,..:.. ... T - 50 ..:.........:..o..................o.......................t.........................p........... �...:... $6 500 ......... ......:................... 2 4 2 .. r:....: .......................... $542 $7 042 ......... ............................................................ ..:...:., ............. 3. Draft Environmental Documentation ........o...........q,....... ......... ........ ................ ........ ... ..... $0 $0 $0 ........: ........ ......... ...:... ........ 3.1 Project Coordination /mcludes2 staffmeetings) i 4 8 6 6 ........ ,:.......p :.....q $3 190 ... .. . $0 $3 190 .. :,....... .................:......•.. .......:.................. ......... 3.2 Pre aration of Administrative Draft EIR :.................�...,.... :.•••.....r.. ........• t..:r.... ... ..• ... t. ........ q ........ , ................ 4 ? 8 40 10 10 40 4 : :........... s...................... e....•........._..........,.................. .....:.. ........ ........... $14 130 ....... , 20 10 $2 190 ' $16 320 .................................:.... 3:3 Pre aration of Public Draft EIR p . ....: ; 8 8 20 ...........................q ........ ............................. ........ t.........................q $4 540 .....................,.....:.. 12 4 6 .... $1 480` ... $6 020 ........ ........ ,....... ...... ......... .....:... ......,. 3.4 Notice of Availabili y and Notice of Completion :...••.........•............•........:.........5...••.•..:..••....... •.............•5............... .......:. 2 . 4 •..:.:... • •. .:.f . .. • ..:..•.. <....................:.4.:. :,• . .: .....6... .................4........ ......... J......• . . .• $640 .••..... ......:.: 1........ .1::..... ...: $0 :... .. $640 .... 3.5 Pre "aration of Gra hic Exhibits & Handouts p•. P 2 6 ; 8 $1 940 ...... 4 8 4 $1 084 $3 024 .. ......... 3.6 s Preparation at Public Meetings & Hearin 2 " p g 9 study sessions, ublic hearing, ci council) P............ tY 16 8 ' 16 :. ... ..... _ $6 560 $0 $6 560 4. Final Environmental Documentation .......... ........................... ......... ......... :.......: ` s ....••... t ......: ......... t ,....... 4 ........ ......... ....... ....... q.......................... $0 ......, 1 1 $0 $0 4.1 Pre aration of Response to Comments P..... ........ .... 2 , 4 . 10 6 6 12 2 .. ............ t................. .............. . $5,230 $0 $5 230 4:2 Pre„„aration of Final EIR ....:.... C........ ...:.... ........... . ...: ......... 2 ; 2 16 12 4 ......... t...........................t ....................... ........................... ........ t ......................... $4,740 8 4 8 ...... t........ I....... $1 292 $6 032 4:3 Pre aration of Certification Documents P................:...•................................•........... ....... 2 : 2 8 12 ............, .,..:. It................•.....t.....................�...................< .:... ........� ......... $2 900 ......... . , 4 ......: ...:. $292 .., . ....... $3 192 4.4 Pre aration of Miti ation Plan P... s ..... ........ ........... 4 ° B ....... ....... ,.. ... ...... ........ .. $1 280 ...... 2 $146 $1 426 4.5 Prepare Notice of Determination 2 1 4 i . $640 s $0 ........................ $640 Total hours 42 24 126 80 80 120> 10 54 34 22 Jones & Stokes Billing Rates $200 $160 $130 $95 $130 $95 $200 $73 $73 $52 Subtotals $8,400 $3,840 $16,380 $7,600 $10,400 $11,400 $2,000 $60,020 $3,942 $2,482 $1,144 $7,568 $67,588 Direct Expenses 523.02 Reproductions (assumes following copies: 10-Admin DEIR, 55-DEIR, 10-Response to Comments, 40-Final EIR, 3-Certification Does; 5-MMRP, General Handouts, Notices, Exhibits) $4,750 623.04 Postage and Delivery $600 523.05 Travel, Auto, incld. Mileage at current IRS rate (.445/mile) $376 523.07 Surveys and Reports $50 623.09 Project Supplies $100 Mark up on all non -labor costs and subcontractors: 10% $586 Direct expense subtotal $6,463 Total price $74,051 INSURANCE AND INDEMNIFICATION WAIVER H Beach, MODIFI 08 %UEST E C E 1. Requested by: Chris Davis NOV 2 7 2006 OCT 0 5 2006 2. Date: September 19, 2006 City of Huntington reach- fit City Attorney'sOffice Of urf-f 3. Name of contractor/permittee: Jones & Stokes Associates ty Attor, . Office 4. Description of work to be performed: Environmental Impact Report 5. Value and length of contract: $74,051/3 years (max) 6. Waiver/modification request: Allow $50,000 deductible 7. Reason for request and why it should be granted: Vendor wont work w/o deductible 8. identify the risks to the City in approving this waiver/modification: Minimal. City has past history with J & S company has solid reputation in this field and would be better served by compromising on the insurance than using a lesser vendor who meets the insurance requirements. Zt ;d � 17, 9-1�1-�& Dep" ment Head Signature Date: 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 tye City Attorney's Office disagree. 1. sk Management 7 Approved ❑Denied Signature. D to 2. City Attorney's Office A roved ❑ Denie ignature 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 insurance waiver V/11j/zUUb 4:�-1 F'N! AC— 09P.' -CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 11/07/2006 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Jones & Stokes Associates, Inc. INSURERA:American International Specialty Lines In 26883-003 2600V 'Street Sacramento, CA 95818 INSURERB:Commterce and Industry Insurance Company 19410-004 1NSURERC:American International Specialty Lines In 26883-002 INSURERD:American Home Assurance' Company 19380-OOL INSURER 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 ADD'L INSIRC TYPEOFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION E M DNY LIMITS A X GENERAL LIABILITY PROP2027883 10/l/2006 10/1/2007 EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX_1 OCCUR DAMAGE TO RENTED PREMISES Eaoccurence $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 11000,000 X Pollution Liab Incl. X Contractual Liability GENERAL AGGREGATE $ 2 OQ0 000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $ 1 OOQ OOO POLICY X PRO- LOC B AUTOMOBILE LIABILITY ANY AUTO CA5054198 10/l/2006 10/1/2007 SINGLE COMBINEDaccident) (Ea accident) $ 1,000,000 X BODILY INJURY (Perperson) $ ALLOWNEDAUTOS SCHEDULEDAUTOS APPROVED AS TO FO HIRED AUTOS NON -OWNED AUTOS JENNIFER McGRATH, City W l Zl Attomey 6 %U BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Y Paul D'Alessanciro \ G . Y /410'r y �i GARAGE LIABILITY' AUTO ONLY -EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY: AGG C EXCESS LIABILITY PROU8085646 10/1/2006 10/l/2007 EACH OCCURRENCE $ 5 000 OOO AGGREGATE $ 5,000,000 X OCCUR CLAIMS MADE $ $ RDEDUCTIBLE $ ' X RETENTION $ 10,OA D IWORKERS COMPENSATION AND EMPLOYERS' LIABILITY California WC3423144 10/1/2006 10/1/2007 WC STATU- OTH- X I B. �- E.L. EACH ACCIDENT $_1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE All Other WC3423143 10/1/2006 10/1/2007 E.L.DISEASE •EA£MPLOYEE $< 1,000F000 OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT J $ 1,000F000 A OTHER PROP2027883 10/1/2006 10/1/2007 Professional Liability $3,000,000 Each Loss Claims blade $3,000,000 Aggregate 50 000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 10/24/2006 WITH ID:.7982618 RE: Warner/Nichols Project EIR The City of Huntington Beach„ its agents, officers and employees shall be named as Additional Insured for General Liability coverage as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 'XOtRIU01QiCtlLMAIL ' 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE ILL City of Huntington Beach, Department of Planning Attn: Christopher S. Davis 2000 Main Street AUTHORIZED R RESENTATIVE Huntington Beach, CA 92648 r ACORD 25 (2001/08) Colla1798361 Tpl:557147 Cert:80$9 55 ©ACORDCORPORATION 1988 . Page 2 of 2 IMPORTANT If the -certificateholder is an ADDITIONAL INSURED, the policy(es) 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. arnRn95 f9nn1/nAi Coll r1798361 Tnl a 557147 rArn a Sn59955 EFFECTIVE DATE: 10/1/2006 POLICY NUMBER: PROP2027883 COMMERCIAL GENERAL LIABILITY -NAMED INSURED: Jones & Stokes Associates, Inc. This Endorsement Changes the Policy. Please read it carefully. Additional Insured - Owners, Lessees or Contractors (FormB) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Persons or Organization: The City of Huntington Beach, its agents, officers and employees RE: Warner/Nichols Project EIR (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 work" for that insured by or for you. CG 2010 11 85 - Includes Copyrighted Material of Insurance Services Office, Inc. with it's permission. Copyright, Insurance Service Office, Inc. 1984 D&B Business Information Report: JONES & STOKES ASSOCIATES INC Page; l of 10 M Dun & Bradstreet i Business Information To save report(s) to your PC, click here for instructions. _Print th Copyright 2006 Dun & Bradstreet -Provided under contract for the exclusive use of'subscrib€ 098022862E ATTN: jlockhart@surfeity-hb.org Report Printed: SEP 26 2006 In Date BUSINESS SUMMARY ARY JONES & STOKES ASSOCIATES INC 2600 V 'St '-------- -- - - =- Sacramento, CA 95818 D&B's Credit Limit Recommend D&B's industry and risk-basedlimi guidance Payment Trends Profile Payment trends and industry bench ---! This is a headquarters location. D-U-N-S Number: 07-155-5015' Branch(es) or division(s) exist. Web site: www.jonesandstokes.com D&B Rating: 3A3 Financial strength: 3A is $1 to 10 1 Telephone: 916 737-3000 Composite credit 3 is fair. appraisal: Fax: 916 737-3037 - D&B PAYDEXO: Chief executive: JOHN COWDERY, PRES- CEO w... . 12-Month D&B PAYDEX. 77 When weighted by dollar amount, payn to suppliers average 5 days beyond tern Year started: 1970 ...... _ file:/D:\Documents%20and%20Settings\mendozac\Local%20Settings\Tempos:.. 9/26/2006 D&B Business Information Report: JONES & STOKES ASSOCIATES INC Page 2 of 10 Based on trade collected over last 12 me Employs: 448 (200 here) Enhanced payment trends and indu Financial statementJAN 012006 benchmarks are available on this bi date: Sales F: $43,593486' Net worth: $4,335,623 History CLEAR Financial FAIR condition: SIC: 8748 Line of business: Environmental consulting SPECIAL EVENTS 06/01 /2006 MERGER/ACQUISITION: According to published reports, Jones & Stokes (Sacramento, C announced that it has acquired Thunderbird Wildlife Consulting, Inc., (Gillette, WY). Terms o deal were not disclosed. 10/07/2005 MERGER/ACQUISITION: According to published reports on December 7, 2004, Jones & (Sacramento, CA) announced that it has acquired Mobrand Biometrics Inc (Vashon, WA). MI remain fully operational at its present staffing level and will operate as Mobrand-Jones & Stol the leadership of its founders Lars E. Mobrand and Katie Mobrand. The terms of the acquisiti4 not disclosed: MERGER/ACQUISITION: According to published reports on October 18,`2004, Jones & S (Sacramento, CA) announced that it had acquired Mooney & Associates (San Diego, CA). Mc Associates will remain fully operational at its present staffing level, and operate as Mooney, J Stokes under the leadership of its founder and Senior Principal, Brian F. Mooney, AICP. Fina terms were not disclosed. SUINIMARY ANALYSIS D&B Rating: 3A3 file://D:\Documents%20and%20Settings\mendozac\Local%20Settings\Tempor... 9/26/2006 D&B Business Information Report: JONES & STOKES ASSOCIATES INC Page of 10 Financial strength: 3A indicates $1 to 10 million. Composite credit appraisal: 3 is fair. This credit rating was assigned because of D&B's assessment of the company's financial ratio, cash flow. For more information, see the D&B Rating Key. Below is an overview of the company's rating history since 01/01/91: D&B Rating Date Applied 3A3 01/21/05 1 R2 12/08/04 1 R3 10/19/04 3A3 06/26/04 3A2 02/17/00 3A3 10/16/99 3A2 03/06/98 3A3 07/10/97 3A2 12/16/95 ER3 01 /01 /91 The Summary Analysis section reflects information in D&B's file as of September 25, 2006. CUSTOMER ERVIC.E If you have questions about this report, please call our Customer Resource Center at 1.800.23- from anywhere within the U.S. If you are outside the U.S. contact your local D&B office. ** Additional Decision Support Available *** Additional D&B products, monitoring services and specialized investigations are available to evaluate this company or its industry. Call Dun & Bradstreet's Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. or visit our website at www.dnb.com. 1 I TOIL " The following information was reported 08/14/2006: Officer(s): JOHN COWDERY, PRES-CEO MIKE RUSHTON, SR V PRES+ BRUCE QUATTRONE, CFO LISA LARRABEE-ANDREWS, COO HARLAN GLINES, VICE PRESIDENT ALAN SOLBERT, CHAIRMAN file://D:\Documents%20and%%20Settings\mendozac\Local%20Settings\Tempos, .. 9/26/2006 D&B Business Information Report: JONES & STOKES ASSOCIATES INC Page 4 of 10 DIRECTOR(S):The officers identified by (+) Corporate file #00610088. Business started,1970 by officers and employees. 81.8% of capital stock is owned by 220 othf employees. 18.2% of capital stock is owned by ESOP. No employee stockholder owns more than 10% of stock. RECENT EVENTS: On June 6, 2006, Gwyn McKee, former President of Thunderbird Wildlife Consulting Inc sat( Jones & Stokes (Sacramento, CA) announced that it has acquired Thunderbird Wildlife Const Inc. (Gillette, WY). Terms of the deal were not disclosed. Thunderbird Wildlife will now opej branch of Jones & Stokes Associates Inc. The employees and the management were retained. On March 31, 2005, an inside source stated that Jones & Stokes (Sacramento, CA) announced has acquired Mobrand Biometrics Inc (Vashon, WA). MBI will remain fully operational at its staffing level and will operate as a subsdiaryof Jones & Stokes changing the name to Mobran & Stokes under the leadership of its founders Lars E. Mobrand and Katie Mobrand. The term; acquisition were not disclosed. On December 10, 2004, an inside source at Jones & Stokes Associates Inc, Sacramento, CA, confirmed that on December 6, 2004, Jones & Stokes acquired the assets of American Pacific Environmental Consultants Inc, San Diego, CA. The San Diego, CA office now operates as a of Jones & Stokes. All of the management and employees were retained. On Dec 3, 2003, an inside source for Jones & Stokes Associates Inc, Sacramento, CA stated tl company has acquired, Myra L Frank & Associates Inc, Los Angeles, CA. Myra L Frank & Associates' operations will be merged into Jones & Stokes who will continue a branch office i Angeles. The Myra L Frank name will be utilized during the integration period. All of the eml and Myra L Frank were retained through this transaction. Further details are unavailable at thi OFFICERS BACKGROUND: JOHN COWDERY born 1960. Joined Jones &-Stokes in December of 2000. Education: B.S., Keene State College, New Hampshire; M.S., Health, Southern Illinois University; M.B.A., St. College, Mora. MIKE RUSHTON born 1946. 1966-72 employed by Bank of America, West Sacramento, CA account reconciler. 1968 graduated from University of California, Davis, CA, received BA de 1969-70 active in the U S Army. 1972 graduated from University of California, Davis, CA, re MA degree. 1972-present active here, became an officer in 1986. BRUCE QUATTRONE. Antecedents undetermined. LISA LARRABEE-ANDREWS. Antecedents not available. HARLINE GLINES. Antecedents not available. file://D\Documents%o20and%20Settings\mendozac\Local%o20Settings\Tempor... 9/26/2006 D&B Business InformationReport: JONES & STOKES ASSOCIATES INC Page 5 of 10 ALAN SOLBERT. Antecedents not available. CORPORATE ATE FAMILY Click below to buy'a Business Information Report on that family member. For an expanded, more current corporate family view, use D&B's Global Family Linkage pro( Subsidiaries (US): Mobrand-Jones & Stokes Vashon, WA DUNS # 61-2964 Branches (US): 'fy Jones &Stokes Associates Inc Phoenix, AZ DUNS # 82-747-( Jones & Stokes Associates Inc Bakersfield, CA DUNS #-09-073-' Jones & Stokes' Associates Inc Irvine, CA DUNS # 01-576-- 077 Jones & Stokes Associates Inc Los Angeles, CA DUNS # 14-076-( Jones & Stokes Associates Inc Oakland, CA DUNS # 00-122-( Jones & Stokes Associates Inc San Diego, CA DUNS # 17-202-( Jones & Stokes Associates Inc San Jose, CA DUNS # 10-990-; Tones & Stokes Associates Inc Las Vegas, NV DUNS # 10-990-: 91 Jones & Stokes Associates Inc Ashland, OR DUNS # 01 1224 Jones & Stokes Associates Inc Portland, OR DUNS # 10-990-: ER Jones & Stokes Associates Inc Bellevue, WA DUNS # 13-47241 Jones & Stokes Associates Inc Gillette, WY DUNS # 611-432_( i�Jgd�t ° yii �# Eg� 4 F�913 °y'a OPERATIONS 08/14/2006 Description: Provides business consulting services, specializing in environmental resource pl, and natural resource sciences (100%). Terms are net 30 days. Has 400 account(s). Sells to non profit organizations, cor concerns and government. Territory : Regional. Nonseasonal: Employees 448 which includes offrcer(s). 200 employed here. Facilities: Leases 43,987 sq. ft. in a two :story brick building. file://D:\Documents%20and%20Settings\mendozac\Local% o20Settings\Tempos... 9/26/2006 D&B Business Information Report: JONES & STOKES ASSOCIATES INC Page 6 of'10 Location: Central business section on well traveled street. Branches: This business has multiple branches, detailed branch information is available thr & B's linkage; or family tree products. SIC & NAICS SIC: NAILS: Based on information in our file, D&B has 541690 Other Scientific and Technical assigned this company an extended 8-digit SIC'. Consulting Services D&B's use of 8-digit SICs enables us to be more specific to a company's operations than `ifwe use the standard 4-digit code. The 4-digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site. Links open in a new browserwindow. 87489905 Environmental consultant B PAYDEX Enhanced ayment trends and Indust benchmarks are available on this business The D&B PAYDEX is a unique, dollar weighted indicator of payment performance based on 114 payment experiences as reported to D&B by trade references.' 3-Month D&B PAYDEX: 79 12-Month D&B PAYDEX: 77 m When weighted by dollar amount, payments When weighted by dollar amount, payments to suppliers average 2 days beyond terms to suppliers average 5 days beyond terms Based on trade collected over last 3 months. Based on trade collected over last 12 months. When dollar amounts are not considered, then approximately 87% of the company's payments, within terms. PAYMENT SUMMARY The Payment Summary section reflects payment information in,D&B's'file as of the date of th Below is an overview of the company's dollar -weighted payments, segmented by its suppliers industries: file:l/D:\Documents%20and%20Settings\mendozac\Local%20Settings\Tempor... 9/26/2006 D&B Business Information Report: JONES & STOKES ASSOCIATES INC Page 7 of 10 Total Total Largest Within Days Slow Rcv'd Dollar High Terms <3131-60 61-90 90> (#) Amts Credit ($) ($) Top industries: Telephone 1 communictns The highest Now Owes on file is $25,000 The highest Past Due on file is $2,500 Dun & Bradstreet has 114 payment experiences in its file for this company. For your convenif have displayed 80 representative experiences in the PAYMENTS section, PAS '1:ENT ETAILS Detailed Payment History High Now Last Sale Date Reported Paying High Owes Past Due Selling Terms Within (mm/yY) Record ($) ($) ($) (months) Payment experiences reflect how bills are met in relation to the terms granted. In some instant payment beyond terms can be the result of disputes over merchandise, skipped invoices etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported: STATEMENT UPDATE 04/21 /2006 Fiscal statement dated JAN 1 2006: Assets Liabilities Cash ; 13,905 Accts Pay 2,E Accts Rec 11,874,812 Notes Pay 1;, Unbilled Receivables 1,632,489 Line Of Credit 2,- Retainages 672,733 Accruals 3,, Income Tax Receivable 411,256 Deferred Income Taxes 3,z Prepaid & Other Current 160,480 Assets file:HD:\Documents%o20and%20Settings\mendozac\Local%20Settings\Tempos... 9/26/2006 D&B Business Information Report: JONES & STOKES ASSOCIATES INC Page 8 of 10 Curr Assets $14,765,675 Curr Liabs $13, Fixt & Equip 982,912 Notes Payable -Net 1,1 Intangible Assets -Net 16,188 Deferred Income Taxes l Goodwill 3,666,959 COMMON STOCK Other Assets 129,986 ADDIT. PD.-IN CAP 4,f NOTES RECEIVABLE - STOCKHOLDERS �3. RETAINED EARNINGS (: DEFERRED STOCK (1: COMPENSATION Total Assets $19,551,720 Total $19,4 _ For The Year Ended January 1, 2006 annual sales $43,593,486; operating expenses $41,850,2 Operating income $1743,208; other income $17,999; other expenses $485,154 net income bf taxes $1,276,053; Federal income tax $527,750; net income $748,303. Prepared from statement(s) by Accountant: Brown, Fink, Boyce & Astle, LLP, Sacramento,' California. ACCOUNTANT'S OPINION "A review of the accountant's opinion indicates the financial statements meet generally accept accounting principles and that the audit contains no qualifications. Accounts receivable shown net less $285,267 allowance. Fixed assets shown net less $5,563,5 depreciation. Explanations The net worth of this company includes intangibles. FINANCE 10/07/2005 Three-year statement comparative: Fiscal Fiscal Dec 312000 Dec 312001 Dec Current Assets 11,444,822 11,186,756 10 Current Liabs 7,541,876 5,4329500 6 Current Ratio 1.52 2.06 Working Capital 3,902,946 5,754,256 4 Other Assets 2,399,314 2,584,592 3 Net Worth 5,090,333 4,483,6463 Sales 37,574,287 37 Long Term Liab 1,211,927 3,855,202 . 4 file://D:\Documents%20and%20Settings\mendozac\Local%20Settings\Tempos... 9/26/2006 D&B. Business Information Report: JONES & STOKES ASSOCIATES INC Page 9 of 10 Net Profit (Loss) (698,267) Fiscal statement dated DEC 26 2004: Assets Liabilities Cash 553,698 'AcctsPay 31 Accts Rec 8,271,855 Line of Credit 4,1 Unbilled Receivables 6,228,030 _ Accruals 2,_ Retainages 594,971 Taxes- 3, Income Tax Receivables 234,549 L.T.,Liab-(lyr) Prepaid 487,758 Curr Assets $16,370,861 Curr Liabs $15,2 Fixt & Equip 1245,652 Notes Payable 2,( Intangible Asset 77,282 - L.T. Liab-Other 1 Goodwill 2,928,019 Equity 3,2 Other Assets 128,137 Total Assets $20,749,95 1 Total $20 , From JAN 01 2004 to DEC 26 2004 annual sales $46,423,765; cost of goods sold $8,866,963. profit $37,556,802; operating expenses $36,530,197. Operating income $1,026,605; other inci $7,241; other expenses $368,283; net income before taxes $665,563; Federal income tax $252 Net income $412,692. Statement obtained from Bob Volbert by Fax on July 25, 2005. Submitted by Bob Volbert, Cc Extent of audit, if any, not indicated. On October 7, 2005,,attempts to contact the management of this business have been unsucces: Outside sources confirmed operation and location. KEYBUSINESS RATIOS Statement date: JAN 012006 Based on this number of establishments: 12 Firm Industry Median Return of Sales: 1.7 Return of Sales: 6.2 Current Ratio: 1.1 Current Ratio: , 1.6 Assets /Sales: 44.9 Assets / Sales: 47.7 Total Liability / Net Worth: 351.0 Total Liability / Net Worth: 118.5 PUBLIC FI <I GS The following Public Filing data is for information purposes only and is not the official recorc Certified copies can only be obtained from the official source. file://D:\Documents% o20and%20Settings\mendozac\Local%o20Settings\Tempor... 9/26/2006 D&B ,Busi.ness Information Report: JONES & STOKES ASSOCIATES INC Page 10 of l0 UCC FILINGS There are additional UCC's in D&B's file on this company available by contacting 1-800-234- The public record items contained in this report may have been paid, terminated, vacated or re prior to the date this report was printed. GOVERNMENT ACTIVITY Activity summary Borrower (Dir/Guar): NO Administrative debt: NO Contractor: YES Grantee: NO Party excluded from federal program(s): NO Possible candidate for socio-economic program consideration Labor surplus area: N/A Small Business: N/A 8(A) firm: N/A The details provided in the Government Activity section are reported to Dun & Bradstreet federal government and other sources. Copyright 2006 Dun & Bradstreet Provided under contract for the exclusive use of subscrib( 098022862E file://D\Documents% o20and%20Settings\mendozac\Local%%20Settings\Tempor... 9/26/2006 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: September 11, 2006 2. Department: Planning 3. Requested by: Chris Davis 4. Name of consultant: Jones& Stokes Associates 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 attached 6. Amount of the contract: $74,051.00 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'? 0 Yes ❑ No 9. Company number and object code where funds are budgeted: 10060201.69365 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. i/ see attached 16. Attach payment a ment schedule.'✓ proposed se ttached partment Head Signature ':—�RIC RD AMA15k manager Purchasing/Central Services 1. If the answer to any these questions is "No," the contract will require; approval from the City Council. Professional Services Contracts Included in FY 2006/07 Budget Department Description Amount Business Unit Planning Professional Planning Services 450,000 10060201 Total Professional Services $450,000 Consultant List: Warner -Nichols Environmental Impact Report Jones & Stokes Associates�� 17310 Red Hill Ave., Ste. 320 f Irvine, Ca 92612Cp` 949.260.1080 EDAW 800 E. Colorado Boulevard, Suite 270 Pasadena, CA 91101-2103 (626) 304-0102 Catherine O'Hara 1937 Port Albans Place Newport Beach, CA 92660 949.378.2556