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HomeMy WebLinkAboutJONES & STOKES - 2007-01-06'!r"t _ s CONTRACTS S`UBMITT J P 39 CITY CLERK'S OFFICE EaU 11TeH01611 St.,. 141 4rf 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 Preparation of Enviromental Documentation for Rainbow Disposal Improvement Project Amount of Contract: $66,137.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. to Risk Management ❑ - Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ n Date: .: g Name/ xtension City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal L PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Jones & Stokes Preparation of Envirom Fe tal DocL nentation for Rainbow Disposal Improvement Project- Table of Contents lScope 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..... 19 Section Headings........................................................................ ,................8 20 Interpretation of this Agreement...... ..............................................................8 21 Duplicate Original ................ ......... ....................4.........................................9 22 Immigration ....... .................. ......... .................. ........,.....................................9 23 Legal Services Subcontracting Prohibited ............ ......... ,.................. .................9 24 Attorney's Fees., ...........................................................................................10 25 Survival.. ........_ .................. ......................................................................10 26 Governing Law. ........................... .............................. .................. .................10 27 Entirety... ............................ ..................... ..........10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTONBEACH AND Bones & Stokes �R Preparation of Environme dal - Documentation for Rainbow Disposal Improvement Project THIS AGREEMENT ("Agreement") is made and entered into this day of V— 200, 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 Inc. California Corporation a , hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare envirormental documentation for Rainbow Disposal Improvement Project and Pursuant to documentationonfile 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: L. 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. Charles Smith CONSULTANT hereby designates who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. " agree/forms/profsml0/15101-A l 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 January 06, 2010 , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall ,be completed no later than 36 months from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Sixty-six thousand one hundred thirty seven Dollars ($ 66,137.00 ). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only 'after receiving written authorization from CITY. Additional agree/forms/profsery 10/1510 I -A 2 1 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 node, 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/profserv10/15101-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 policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. agree/forms/profsery 10/ 15101 -A _ 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to. CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY, The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT ;shall secure at its own cost and expense, and be responsible for any and agree/forms/profserv10/15101-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/profsery 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 mail -return receipt requested: TO CITY: TO CONSULTANT: Jones & Stokes City of Huntington Beach ATTN: Christopher S . Davis Ate. Charles Smith 2000 Main Street ' Huntington Beach, CA 92648 17310 Red Hill Avenue, Suite 320 Irvine, CA 92614 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/forms/profsery 10/15101-A 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe,, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator _ or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agree/forms/profservl0/15101-A 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL Theoriginalof 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/profsery 10/15101 -A 9 each party shall bear its own attorney's fees, such that the prevailing party, shall not be entitled to recover its attorney's fees from the 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 supercede all prior understandings and ;agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profserv10/15101-A 1 r 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, Z;2d , a municipallorporation of the State of California .2. G�s./i j�rn, cc. tr'orwm�cL�i6ia Dire for'o �/ff1l By: f / (Pursuant To HBMC §3.03.100) print name ITS: (circle one) Chairman/Presiden ice President APPROVED AS TO FORM: % AND (. L . d� City Attor6jy a, t7 �rcrc.�1�irrr�� REVIEWED AND APPROVED: print name ITS: (circle one) Secretary/ hief Financial Office Asst. Secretary - Treasurer � City Administra r (only for contracts $50, 000.00 and over) agree/forms/profsery 10/15101-A 1 1 " CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of elralo kl On before me, V Date Notary Public") ame and Title of icer (e.g., "Ja , Notau lic") t personally appeared s YU0 De In \\� e(s) of Signer(s) personally, known tome El (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(a) is/are subscribed to the within instrument and acknowledged to me that T�RINA Cam"*11l * 1614d2 he/�-executed the same in hiss authorized NotM R111bBc - CaNtomia capacity(ies), and that by hisssignature(e) on the ancrcm�a Cory Lip instrument the person(8), or .the entity upon behalf of 1 VComm•dptrae<junI3•2Ot which the persons} acted,executed the instrument. W ESS my hand and offici eal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached oc men Title or Type of Document: Document Date: Number of Pages: SI s) Other Than Named Above: Capacity(ies) Claim Signer(s) Signer's Name: Signer's Name:' El Individual ❑ Individual ElCorporate Officer - Title(s): ElCorporate Officer — Title(s): Partner — ❑ Limited ❑ General ; .. ❑Partner — ❑ Limited ❑ General ❑ Attorney in Fact ' Top of thumb here rney in Fact Top of thumb here ❑ Trustee ❑ Truste ❑ Guardian or Conservator ❑ Guardian or ervator ❑ Other: ❑ Other:' Signer Is Representing: Signer Is Representing: ©.2006 National Notary Association • 9350 De Soto Ave., P.O. Box.2402 • Chatsworth, CA. 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of���',.1 On ` before me Date Name and Title of Officer (e.g., "Jane Do,6, N tary ubli ") personally appeared lAsu., rc Name(s) ofYigner(s) personally known to me ❑ (or proved tome on the basis of satisfactory evidence) TRM L to be the person(g) whose -name(&) is/aFe-subscribed to the C * 1674M N0kVV p _ CaWOM10 within instrument and acknowledged to me that SaCr(Xmenro c UNY eafsheAhW executed the same in fais/herAheif authorized p+tlfcomm• 6oreaJu►13, 2Qi capacity(ae*, and that by Us/herl%hok signature( on the instrument the person*), or the entity upon behalf of which the person(* acted, executed the instrument. WIT ESS-my hand and offi ' seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache o umen -A�a Title or Type of Document: Q„ n Document Date: [buNumber of Pages: CQ� ' er(s) Other Than Named Above:' Capacity(ies) Cla d by Signer(s) Signer's Name: Signer's Name: El Individual ❑ Individual El Corporate Officer — Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General M ❑ Attorney in Fact ' Attorney in Fact ' Top of thumb here Top of thumb here 1-1 Trustee ❑ Tr ' ❑ Guardian or Conservator ❑ Guardian f onservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Section 2 Scope of Work 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 informations 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 to gain a firm understanding of the details involved with the project. We will finalize the scope, format, and approach of the Draft MND 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 and critical issues, and to gather available documents, reports, studies, maps, electronic files, and other applicable environmental information. Task 2. Review Background Materials and Develop Project Description Subtask 2.1. Peer Review of Previous Studies This task involves gathering and evaluating available information to prepare an adequate project description for the Draft MND. Jones & Stokes will review existing data and technical reports related to the proposed project and the project site. We understand that the project applicant will provide traffic and noise studies. We will provide our opinion as to whether the existing studies are adequate for CEQA compliance purposes and will advise the City accordingly. For scoping;and costing purposes, we assume that the existing studies will be adequate for use in the MND. Our project management and technical staff will conduct a field visit to review the site and surrounding area. GO of HAw6ngton Beach t�n Jn8Stokes Sepember 18, 2006 Pmporalfor Ef6ronmental Documentaion P1473.06 Section 2. Scope of Work 2-2 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 MND 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 three meetings with the City and up to two meetings with other agencies. In addition, we will provide regular communication with City staff via telephone, e-mail, and written progress reports. Subtask 3.2. Prepare Administrative Draft IS/MND We will prepare a detailed administrative draft IS/ that will include an analysis of the environmental issues and any appropriate figures. We will consult with responsible agencies as necessary. The IS will include a discussion of the existing conditions, potential severity of impacts, and the levels of impact significance for each environmental discipline as appropriate. Mitigation measures will be developed, where needed, to reduce significant impacts that maybe caused by the proposed project. Our approach to addressing the primary environmental resources that are likely to be affected by the proposed project is presented in the subtasks outlined below. The MND will be prepared in accordance with the provisions of the California Environmental Quality Act and State Environmental Guidelines, as currently amended and will use the City's adopted Environmental Checklist Form for preparation of the Draft MND. Jones & Stokes will submit 10 copies of a complete and fully edited administrative draft IS/MND for City staff review and comment. Our scope and cost reflect time and materials to allow for two rounds of review and revisions. Subtask 3.2.1 Air Quality. Preparation of a stand-alone air quality study will be necessary in order to support the facility's permit applications to the South Coast Air Quality Management District (SCAQMD). In the air quality analysis, Jones & Stokes will focus on construction emissions, operational emissions, and i vehicles emissions operating within the proposed project area. SCAQMD requires new developments to implement air quality mitigation measures early in the CEQA environmental planning process. Jones & Stokes will identify and recommend mitigation measures during the onset of the project design. The air quality analysis will focus on the criteria pollutants of greatest concern in the South Coast Air Basin (SCAB) that will be generated by construction and operation of the proposed project. Those pollutants include ozone precursors (reactive organic gases [ROGs] and oxides of nitrogen [NOx]), carbon monoxide (CO), and inhalable particulate matter (PM10 and PM 2.5). Jones & Stokes' air City of Huntington Beach i([ j September 18, 2006 Pmposal for Environmental D"mmentation 3 JQ ea' Stokes P1473.06 Section 2. Scope of Work 2-3 quality specialists will prepare an air quality analysis describing existing air quality conditions, the project's`air impacts, and mitigation measures designed to reduce the significance of project -related air impacts. Jones & Stokes will describe the existing environmental conditions and the current air quality regulatory environment as it applies to this project. We will summarize meteorological and climatological data for the project study area in Huntington Beach using monitoring data collected at the North Orange County - Coast monitoring station by the SCAQMD and the California Air Resources Board (ARB). The pollutants of concern in the proposed project area, and their known health effects, will also be described. The existing state and federal ambient air quality standards, the SCAB's attainment status with regard to those standards, and a discussion of applicable air quality goals, policies, and attainment plans of state and local agencies, including the region's most recent air quality plans will be summarized. - Jones & Stokes will prepare a discussion of the potential air quality impacts. This discussion will describe the air quality thresholds used to identify significant impacts. We also will describe the methodology used to estimate construction and operational emission impacts and identify mitigation measures as part of the project design. The impacts section will identify significance thresholds for air quality impacts, using the SCAQMD's CEQA Air Quality Handbook for the assessment of CEQA impacts. Construction -related emissions, including ozone precursors, CO, and PM10, will be estimated using emission factors obtained from the U.S. Environmental Protection Agency (EPA) and ARB and information provided by the project applicant. An evaluation of increased health risks associated with exposure of nearby sensitive receptors to construction -related diesel exhaust will also be performed. Operational emissions of ozone precursors, CO, and PM10 i associated with mobile and area sources will be estimated using the URBEMIS2002 model, ARB's emission factors (including compressed natural gas trucks), and traffic data contained in the transportation and circulation J analysis provided by the applicant. For the assessment of CO impacts, data from the transportation and circulation analysis will be reviewed to determine the need for localized CO modeling, based on methodology contained in the Caltrans Transportation project -Level Carbon Monoxide Protocol. In the event that localized CO modeling is warranted, we will use the CALINE4 model and the latest version of ARB emission factors (EMFAC2002) to estimate CO concentrations at key intersections analyzed in the transportation and circulation analysis. CO concentrations at up to 3 intersections will be evaluated under existing, completion year, and build -out year conditions. CO impacts will assessed by evaluating whether the proposed Cite of f amington Beach �(t(� j September 18, 2006 Pmposal for Emimnnrental Documentation ))rB7 Jones & Stok� PI473.06 Section 2. Scope of Work 2-4 project meets the ambient air quality requirements for localized pollutants by determining whether it causes or contributes to an exceedance of state or federal CO standards. The results of the air quality analysis will be summarized in tables showing total operational emissions and CO concentrations. A detailed description of the CO modeling methodology, including the CALINE4 CO modeling computer output, will be summarized in an air quality appendix. If any significant air quality impacts are identified, we will identify mitigation measures to reduce or eliminate these impacts. Jones & Stokes will conduct a consistency analysis to determine if the proposed project conforms to the Regional Air Quality Management Plan in accordance with the procedures set forth by the SCAQMD. Jones & Stokes will develop mitigation measures, where applicable, to address significant air quality impacts. SCAQMD strongly encourages all new development projects to implement mitigation measures as part of the project design. The mitigation measure section will identify and quantify emission reductions using the available information from EPA, SCAQMD, and ARB. Subtask 3.2.2. Geology and Soils. The general geologic conditions and seismic hazards of the site will be evaluated by reviewing the existing available literature - database. The analysis will focus on existing seismic issues such as distance from faults and potential for fault rupture and severe ground shaking. We will also evaluate the liquefaction potential for the site. Our scope of work does not include subsurface investigations or geotechnical engineering services. However, if these studies are available from the project applicant, we will summarize the results accordingly. Subtask 3.2.3. Hazards and Hazardous Materials. While the public will continue l to be able to drop-off certain household hazardous waste materials through the Household Hazardous Waste Drop Off Center, there is the potential for disposal t of hazardous waste. The disposal of hazardous wastes is prohibited at the Household Hazardous Waste Drop Off Center. The public is often unaware that certain products, such as nail polish, household cleaning products, i insecticides, etc., are hazardous and pose a potential risk if improperly disposed. It is the nature of the waste business that hazardous materials, usually the household variety, are inadvertently disposed of and mixed in with trash. Fire could also be a risk due to receipt of a hot load of waste or other accident. Mitigation measures will be identified to minimize the potential risk of harm to public health and safety and any potential risk of an adverse effect on the environment. City of Huntington Beach �(t� g } September 18, 2006 PmposalforEnumnmental Documentation Jones & Stokes P1473.06 Section 2; Scope of Work 2-5 Subtask 3.2.4. Hydrology and Water Quality. The site does not have any surface waters on or near the site, and implementation of the project is not expected to significantly alter drainage patterns because the site is currently paved. Jones & Stokes will evaluate the proposed development's impacts on local water resources, including local stormwater infrastructure, and potential construction - related impacts to water quality. Applicable federal, state, and local water quality regulations and standards will be discussed. Local drainage patterns, existing flooding problems, and downstream flood control facilities will be evaluated. A qualitative assessment of potential water quality impacts of the project related to construction activities and increased urban pollutant loadings will be conducted. Potential impacts associated with sedimentation or release of toxic materials during construction of the proposed project will be discussed. Mitigation measures to reduce any significant impact on water quality will be identified. Subtask 3.2.5. Land Use and Planning. Jones & Stokes will present an analysis i of the impacts to land use designations and policies for the project area. This analysis will include an evaluation of the general plan and zoning, as well as any specific goals, policies, or development standards relating to the City's General Plan and Zoning Ordinance. The analysis will identify any inconsistencies i between the proposed project and the relevant planning programs with jurisdiction over the project area. i Subtask 3.2.6. Noise. The facility is an established land use that is part of the existing noise environment. Noise generated by vehicles and equipment used in the daily operation of the facility may expose equipment operators, personnel, and nearby sensitive receptors to increased noise levels. Jones & Stokes will review the applicant's noise study. 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 MND. , Subtask 3.2.7. Transportation/Traffic. The proposed project would result in an increase of 10 percent of traffic beyond the existing conditions, based on_a traffic study conducted by the applicant. Jones & Stokes will review the applicant's traffic study. 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 MND. Subtask 3.3. Preparation of Public. Draft MND. Jones-& Stokes will revise the Administrative Draft MND per the City's comments and prepare a public review draft. We will submit 40 copies of the Draft MND and 25 Technical Appendices plus one unbound reproducible original copy to the City. Qy of Huntington Beach �(�( fi (; September 18, 2006 Proposalfor Environmental Documentation 1��1 Jones & Stokes P1473.06 Section 2. Scope of Work 2-6 In addition, Jones & Stokes will provide an electronic copy in Microsoft Word and an indexed searchable PDF version to the City for public distribution. Jones & Stokes will distribute copies of the Draft MND 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 MND 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 & Stokes will produce 55 copies of the Draft MND, 40 copies of the Technical Appendices, and one camera-ready copy. Subtask 3.4. Notice of Intent. Jones & Stokes will provide a Notice of Intent (NOI) R to adopt the Draft MND and will submit one screencheck copy for City review prior to finalizing the notices. Jones & Stokes will send the NOI to county, state, and federal agencies in accordance with a City -approved list. The City will be responsible for distribution of the NOI to area property owners and organizations within the City, publication in newspapers, and transmitting to the County Clerk for posting as required under CEQA. Jones & Stokes will submit the NOI to the State Clearinghouse for distribution to state agencies. The public review period will be 30 days. Subtask 3.5. Preparation of Graphic Exhibits and Handouts. Jones & Stokes will 1 prepare graphic materials and handouts for community meetings, public hearings, 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. 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 the 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 PowerPoint by Jones & 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 i will prepare other meeting related items, including two foam core presentation boards, sized 2' x Y, 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 City of Huntington $each �((� j p �+} ,} September 18, 2006 ProposalforEnvim mental Documentation N7 Jones & Stokes P1473.06 Section 2. Scope of Work 2-7 comment letters and annotate comments to cross reference responses in the Final MND. We will contact City departments early in the process to discuss the issues prior to drafting responses to comments, if necessary. While the number of comments received from agencies and the public cannot be predicted, we assume that we will respond to up to 10 substantive comment letters. If an extraordinary number of comments are received, additional efforts could have a bearing on the scope and budget. We 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 MND. Subtask 4.2. Preparation of Final MND. Following the City's review and comment on the Administrative Draft Final IS/MND, Jones & Stokes will incorporate revisions and produce one electronic copy of the Final IS/MND for submittal to the City. The Final MND will include all comments, responses to comments, technical appendices, and other related documentation. We will produce up to 40 bound copies of the Final MND containing responses to comments, plus one unbound reproducible copy, an electronic copy in Microsoft Word, and an indexed searchable PDF version of the Final MND. t Subtask 4.3. Preparation Mitigation Plan. At the time of adoption of the MND, a Mitigation Monitoring Plan (MMP) must be adopted when mitigation measures are identified. Although the mitigation plan will define the terms of mitigation measures, this scope does not include implementation of such mitigation. We will submit up to four screencheck copies of the MMRP and one reproducible final copy. The MMP will be prepared in accordance with City -approved format and will include, at a k minimum, the following information for all accepted mitigation measures: ■ description of the mitigation measure, ■ the project time period to which the measure applies, ■ responsibility for implementing the mitigation, and ■ monitoring and reportingfrequency. i Subtask 4.4. Prepare Notice of Determination. Following the certification of the Final MND, Jones & Stokes will prepare a Notice of Determination for the project, i 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. 06v of Huntington Beachft7 Septebr 18, 2006 Pmporalfor Envamnmental Documentation iones & stokes P1473.06 i Sedon 2. Scope of Work 2-8 Schedule We have provided an estimated schedule for the preparation and processing of the MND for the proposed project. Generally, we can complete the MND within 4 months, depending upon the issues and complexity of the project elements. A timeline -with milestones is provided in Figure 1. i } s z b k City of Huntington Beaeb g September 18, 2006 Pnporal for Entimmuental Documentation Jones LX Stokes P1473.06 Figure 1. ProposedSchedule for the Rainbow Disposal Transfer Station and Material Recovery Facility Improvements MND Week Ending 6 13 20 27 1 3 10 17 24 1 1 8 15 22 29 5 12 19 2612 9 16 231 2 9 16 23 30 OctTask -Study Initiation/Kick-Off Develop Project Description and Objectives Prepare Screencheck Draft MND City Review of Draft MND _ Prepare 2nd Screencheck Draft MND City Review and Distribute Draft MND Public Review Period (30 days) Prepare Response to Comments City Review of Final MND Prepare Final MND and MMP Certification (Projected) , Prepare and File NOD Schedule will be adjusted contingent upon execution of the Reimbursement Agreement with Rainbow Disposal Table 1. Cost Estimate for City of Huntington Beach Rainbow Disposal Transfer Station and Material Recovery Facility Improvements MND Consulting Staff Production Staff Hours Smith C Bogdan K Beckstrom C Piantka M Slavick M Greene M" Berries J Ackerman A Duchardt A' Tech Graphic Admin Labor Direct Total Task Proj Dir Proj Dir Env Sci Sr Env Sci Env Sci Env Sci Sr Env Sci Sr Env Spec II Env Spec III Subtotal Editor Artist Tech Subtotal Total Expenses Price 1. Project Imtlation/Kick-Off Meeting 2 4 ...................... $920 .......... $0 $920 ........................................... 2. 2. Review Background Materials and Develop Pro/ect Description ....... ......... $0 $0 $0 ......._. .......... 2 1 Peer Review of Previous Studies 2.... 4..........-4 ._.......,.. 4 $1,920 ..... --- $0 $1,920 ............................................................. ......... .. 3. Draft Environmental Documentation .............................................................. ....... ................... ............j.... ................. ................... •• ................... $0 •. ... ..... $0 . $0 3.1 Project Coordination (includes 3 staff meetings and 2 meetings - withotheragencies) 10 10, $4600 $0 $4,600 3.2 Preparation of Administrative Draft MND and Technical Studies ----_10 4 2 6 16 100 : 8 8 32 8 $23,680 8 8 4 $1 380 $25 060 .......... ........... .. 3.3 Preparation of Public Draft MND ....... 10 ^••- .......... 16 $_2 820 4 4 6 $910 $3 730 .............................................................. 3.4 Notice of Intent ....... ......... •--- ---------- ---- -•-•-•-•- 2 $190 2 $110 $300 3.5 Preparation of Graphic Exhibits &Handouts ....••. ........ ........ ............................. . 2 .........�....... �............,....-•-•--•-•- 4 -• -- - - A - - - - - - - - - - -,- - - --8 -- - - - - -- $1,680 - - 4 4 4 $800 ----- $2 480 3.6Presentation at Public Meetings & Hearings (2 study sessions, ..public hearing, city council) ......12� •_••_ �•_•••• 12,•••• $3,960 - $0 $3960 4. Final Environmental Documentation $0 $0 $0 4.1 Preparatiomof Res Rose to Comments. 4 ,....... 8 ,_ 6 ^•••••....._. 16 ^ $4 780 + $0 $4 780 .. .....P................ 4.2 Preparation of Final MND .......2.. 2.�. ........2.:. t.................................. 12 _ _ _ ..----------- 10 : $3230 4 5......4 6 $910 $4,140 • 4 3 Preparation of Mitigation Plan . r. ...... `••-•-•- ------.... `-•-•-•--•-•-'•••..•- 4 ,.................................. ................................... 8$1 280 2..... .... 4 $370 $1 650 -•--•-•••. ........ ,.. ... `............ .. 4.4 Prepare Notice of Determination ...- 2 -•-•--... 2 ....._..... .. $450 ......... ... -• -•••...... $0 - -.. $450 ......... Total hours 34 4 12 84 116 12 12 98 8 22 20 26 Jones & Stokes billing rates $200 $200 $160 $130 $130' $160 $160 $95 $105 $75 $70 $55 Subtotals $6,800 $800 $1,920 $10,920 $15,080' $1,920 - $1,920 $9,310 $840 $49,510 $1,650 $1,400 $1,430 $4,480 $53,990 Direct Expenses 523.02'Reproductions (assumes following copies: 10-Admin MND, 55-MND, 40 Technical Studies, 10-Response to Comments, 40-Final MND, 5-MMRP, General Handouts, Notices, Exhibits) $2,500 523.04 Postage and Delivery $500 523.05 Travel, Auto, incld. Mileage at current IRS rate (.445/mile) $200 Mark up on all non -labor costs and subcontractors: 10 % $320 Direct expense subtotal $3,520 15% Contingency $8,627 Total price $66,137 Date printed I1/1/2006 5:04 PM - .Approved by Finance { sh } g:\2002 cost\HB_Table 1 Rainbow Disposal MND. Cost _Rev2_110106(client) f s INSURANCE AND INDEMNIFICATION WAIVER e MODIFICATION REQUEST 1. Requested by: Chris Davis 2. Date: December 7, 2006 3. Name of contractor/permittee: Jones & Stokes Associates 4. Description of work to be performed: Environmental Report 5. Value and length of contract: $66.137; less than 3 years II , 6. Waiver/modification request: Accept $50,000 deductible i. Reason for request and why it should `a granted: Consultant wc,,, work withc,,:` deductible;previous waiver from same company approved for different contract 8. Identify the risks to the City in approving this waiver/modification: Exposure is 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 -epartm nt ead 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,#he City Admini trators Office is only required if Risk Management d th City Attomey's ice disagree. 1. sk Management Approved ❑ Denied Signature Date ; 2. ity Attorney's Office proved ❑ Denie Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attomey'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. waiver 12/7/2006 9:11:00AM COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ION LTR 1NSR LT R IN TYPE OF INSURANCE POLICY NUMBER PDATCEYMMFDD E I PDATE MM/DDIY I LIMITS A GENERALUABILITY : RCPZ,;2.7883 10/l/2006 10/1/2007 EACH. OCCURRENCE 5 11000,000 DAMAGETORENTED PREMISES ouwrence $ 500,000 X COMMERCIALGENERALLIABILITY, -(Ea CLAIMS MADE a OCCUR I. MED EXP (Anyone person) _ $ 51000 PERSONAL& ADV INJURY $ 11000,000 X PO1lutionLiab Incl. X Contractual Liability GENERAL AGGREGATE S 2,000,000 ' GEN'LAGGREGATE LIMIT APPLIES PERT PRODUCTS - COMP/OP AGG $ 11000,000 I r_ I POLICY' X JECT.... : LOC �. B CA5054198 '10/.1/2006 10/l/2007 �COMBINED SINGLE LIMIT '$ 11.000,,000. �AAUUUTOMCSILELIABILITY ANYAUTO I I (Ea accident) BODILY INJURY 5 t_J ALLOWNEOAUTOS I SCHEDULEDAUTOS (Per person) BODILY INJURY 'HIRED AUTOS -' NON -OWNED AUTOS ( AS a� p�(�DA � FJ (Peracadent) PROPERTYOAMAGE $ wl �`. GARAGE LIABILITY #fy AUTO ONLY -EA ACCIDENT S OTHERTHAN EAACC IS ANY AUTO $ AUTO ONLY: AGG C EXCESS LIABILITY 1PROU8085646 10/1/2006 110/1/2007 EACHOCCURRENCE S 51000,000 AGGREGATE $ 51000,000 X' OCCUR 7 CLAIMS MADE S i $ DEDUCTIBLE $ X RETENTION $ 10 0 0 D WORKERS COMPENSATION AND California WC3423144. 10/1/2006 :.:10/1/2007 X TCRYUMTS OER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 11000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE All Other WC3423143 10/1/2006 10/1/2007 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1 0 0 O 0 0 0 A OTHER IPROP2027883 10/1/2006 10/1/2007 Professional Liability $3,000,000 Each Loss Claims Made $3,000,000 Aggregate 50 OAO Deductible DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Rainbow Disposal Improvement Project' $66137.00 Contract Amount 36 Months: Expiration Date The City of Huntington Beach, its agents, officers and employees shall be named as.additional insured for General Liability as requried'.by written contract. CERTIFICATE HOLDER CANCELLATION ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL IbKXACMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE. HOLDER NAMED: TO THE City of Huntington BdACa,`°Department of Planning Attn: Christopher S; Davis 2000 Main Street i AUTHORIZEDR, ESENTA Huntington Beach,' CA 92648 ACORD 25 (2001/08) Coll :18-25702 Tpl : 557147 Cert: 82 2 93 CACORD CORPORATION 1988 EFFECTIVE DATE: ` 1011 /2006 POLICY NUMBER: PROP2027883 COMMERCIALGENERAL LIABILITY NAMED INSURED: Jones & Stokes Associates, Inc.' This Endorsement C"::,^g= "- P ' "'ease read it carefully. Additional Insured — Owners, Lessees or Contractors (Form B) 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 Rainbow Disposal Improvement Project ❑$66,137.00-Contract Amount 036 Months: Expiration Date (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 1'1 85' ' Includes CopyrightedWaterial of Insurance Services Office, Inc. with it's permission. 'Upyri At, Insurance"Service Office; Inc. 1984 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: 12/15/2006 2. Department: Planning L/ 3. Requested by: Chris Davis -4. Name of consultant: Jones & Stokes Associates, Inc. 5. Attach the written statement of the specification, conditions and other requirements for the requested services that was proxided to solicited consultants in your answer to 11 of this form. see attached RFP 6. Amount of the contract: $66,137 J 7. Are sufficient funds available to fund this contract?' E.Yes ❑ No 8. Is this contract generally described on the list of professional service contractsapproved by the City Council'? E Yes ❑ No 9. Company number and object code where funds are budgeted: 10060201.69365 10. Is this contract less than $50,000? ❑ Yes E No 11. Does this contract fall within $50,000 and $100,000? E Yes ❑ No 12. Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). See Attached 15. Attach proposed scope of work. See Attached 16. Attach proposed payment schedule. Ztached e rtm nt Head Signature RICIqARD AMADRIL, Manager Purchasing/Central Services 1. If the answer to this question is "No," the contract will require approval from the City Council. Rainbow Disposal Consultant Distribution List Date Sent: 8/23/2006 Date Due: 9/18/2006 Michael Brandmaa Associates 220 Commerce, Suite 200 Irvine, CA 92602 714.508.4100 EIP Associates 12301 Wilshire Blvd., Suite 430 Los Angeles, CA 90025 310.268.8132 Jones & Stores Associates 17310 Red Hill Ave., Suite 320 Irvine, CA 92614 949.260.1080