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HomeMy WebLinkAboutPCR Services Corporation - VF Outdoor, Inc. - 2011-04-18 1-�. H&S S r� br 7-� Council/Agency Meeting Held:_ V1 ? D// Deferred/Continued to: App ❑ Conditionally Approved ❑ Denied hoc l C) 's Sig tune Council Meeting Date: April 18, 2011 7t Department ID Number: PL 11-004 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve Professional Services Contract with PCR Services Corp. for preparation of Environmental Documentation for the proposed Skate Park fronting Center and McFadden Avenues; approve Reimbursement Agreement with VF Outdoor, Inc.; and, appropriate funds to be fully reimbursed Statement of Issue: Transmitted for City Council's consideration is a professional services agreement with PCR Services Corporation for preparation of Environmental Documentation for a proposed skate park and a reimbursement agreement with VF Outdoor, Inc. to fund the Environmental Documentation. Financial Impact: An appropriation of $222,900 from the General Fund to the Planning and Building Department Professional Services Account 10060201.69365 is required. These funds will be offset by the attached reimbursement agreement with the developer of the project, VF Outdoor, Inc. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract Between the City of Huntington Beach and PCR Services Corporation" in the amount of Two Hundred Twenty Two Thousand, Nine Hundred Dollars ($222,900), as prepared by the City Attorney; and, B) Approve and authorize the Mayor and City Clerk to execute the "Reimbursement — Planning —Agreement Between the City of Huntington Beach and VF Outdoor, Inc." in the amount of Two Hundred Twenty Two Thousand, Nine Hundred Dollars ($222,900) as prepared by the City Attorney; and,. C) Appropriate funds in the amount $222,900 from the City General Fund to the Planning and Building Department Professional Services Account 10060201.69365 for the Professional Services contract between the City and PCR Services Corporation, which is funded by a reimbursement agreement. H -269- Item 7. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 4/18/2011 DEPARTMENT ID NUMBER: PL 11-004 Alternative Action(s): The City Council may make the following alternative motions: 1. "Deny the Professional Services Contract between the City and PCR Services Corporation." 2. "Deny the Reimbursement Agreement between the City and VF Outdoor, Inc." 3. "Continue the item and direct staff accordingly." Analysis: A. PROJECT BACKGROUND Applicant: VF Outdoor, Inc. 6550 Katella Avenue Cypress, CA 90630-5102 Location: Agency-Owned Parcel on the North Side of Center Avenue, East of Gothard Street VF Outdoor, Inc. proposes to design, develop, maintain and operate a public skate park on a 2.7-acre City-owned parcel. The project will include approximately 12,000 square feet of skate park plaza area, 15,000 square feet of skate bowl area, a 2,000 square foot skate shop/concession building, 15,000 square feet of turn/walking area, 70 paved parking stalls fronting Center and McFadden Avenues, and restrooms. The skate park will be open to the public. Hours of operation will be seven days a week, 10 am to 10 pm. The proposed skate park will host various events throughout the year. In total, approximately 15 event days per year are anticipated; the majority of those events occurring on weekends. A major event is expected to draw up to 2,500 spectators per event day and last three days. Smaller events are expected to draw 300 to 500 spectators on various weekends for a total of 12 event days. The project requires a General Plan Amendment to the City's Housing Element and a Zoning Text Amendment to amend a Specific Plan. The General Plan designates the City property as Mixed Use with Specific Plan and Design Overlays (M-sp-d) and it lies within the Beach and Edinger Corridors Specific Plan, adopted in March 2010. The Specific Plan designates the area as Town Center — Neighborhood and currently only allows residential uses on the property. This property is identified in the City's Housing Element as one of the sites that would be used to meet its AB 2348 requirement, specifically providing 175 affordable units. The Housing Element will need to be amended to substitute another property(ies) to provide the 175 units. The Specific Plan will need to be amended to remove the residential requirement. The environmental documentation will analyze the environmental effects of the General Plan Amendment and the Zoning Text Amendment along with the proposed skate park. The environmental documentation will evaluate impacts in relation to their severity and probability of occurrence and shall identify appropriate modifications to the project to mitigate any environmental impacts to the extent feasible. Item 7. - 2 H -270- REQUEST FOR COUNCIL ACTION MEETING DATE: 4/18/2011 DEPARTMENT ID NUMBER: PL 11-004 B. CONSULTANT SELECTION PROCESS Staff solicited proposals from four qualified consultants for this project: - Envicom Corporation - HDR, Inc. - BonTerra Consulting - PCR Services Corporation Staff distributed Requests for Proposals for the environmental documentation to these four consultants. One proposal was received from PCR Services Corporation. Two consultants indicated that they were committed to other projects and were unable to respond in a timely manner. One consultant did not respond to the Request for Proposal. Proposals were reviewed by staff from the Planning and Building Department and Economic Development Department. PCR Services Corporation has prepared previous environmental documentation within the City, including the Lowes Home Improvement Warehouse and Wal- Mart Development. C. STAFF RECOMMENDATION: A Professional Services Contract between the City and PCR Services Corporation is necessary to prepare the required environmental documentation. This contract will require an appropriation of funds by the City. Funding for the environmental documentation is included in the reimbursement agreement with VF Outdoor, Inc., the developer of the proposed Skate Park. Staff recommends the City Council approve the contract with PCR Services Corporation, in the amount of $222,900.00, and authorize the Mayor and City Clerk to execute the documents. Staff recommends the City Council approve the Reimbursement Agreement with VF Outdoor, Inc. There have been many reimbursement agreements requested by staff and the development community for environmental documentation. This is an acceptable method to give developers greater assurance of timely entitlement processing and a greater level of detailed environmental evaluation. Environmental Status: Projects over which public agencies exercise ministerial authority, such as this agreement contracting for preparation of environmental documentation, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. Strategic Plan Goal: Maintain financial viability and our reserves HB -271- Item 7. - 3 REQUEST FOR COUNCIL ACTION MEETING DATE: 4/18/2011 DEPARTMENT ID NUMBER: PL 11-004 Attachment(s): i - o 0 pill Professional Service Agreement with PCR Services Corporation 2. 1 Reimbursement Agreement with VF Outdoor, Inc. Item 7. - 4 H -272- ATTACHMENT # 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PCR Services Corporation FOR Preparation of Environmental Documentation for the Proposed Skate Park Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date................................................................ .............I 1 RECEIVED F 1.1'3 ? 8 2011 Dept, of Planning & Building PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PCR Services Corporation FOR Preparation of Environmental Documentation for the Proposed Skate Park THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and PCR Services Corporation, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform environmental review for the proposed ; and Skate Park 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 Michael Harden who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcs mayor I of 11 12/07 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 14PI�I L /r , 20 11 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 36 months from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed two hundred twenty two Dollars thousand nine hundred ($ 222,900 ). 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 agree/surfnet/professional svcs mayor 2 of 11 12/07 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any agree/surfnebprofessional svcs mayor 3 of 11 12/07 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work(including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/surfnet/professional svcs mayor 4 of 11 12/07 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 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. agree/surfnet/professional svcs mayor 5 of 11 12/07 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 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/surfnet/professional svcs mayor 6 of 11 12/07 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: City of Huntington Beach PCR Services Corporation ATTN: Tess Nguyen ATTN: Michael Harden 2000 Main Street One Venture, Suite 150 Huntington Beach, CA 92648 Irvine, CA 92618 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/surfnet/professional svcs mayor 7 of 11 12/07 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 which is hereby affected shall be agree/surfnet/professional svcs mayor 8 of 11 12/07 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, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnet/professional sves mayor 9 of I I 12/07 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's initials 28. 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 parry'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/surfnet/professional svcs mayor 10 of 11 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a PGA kry i(e� municipal corporation of the.State of COMPANY California 1.0110 i� CI B : ��Gt, tom• ayor y Ale- v I print name City Clerk y I`4l ITS: (circle one)Chairman/Preside ice Presiden INITIAT AND APP OVED: AND pp By: �,< G -4 ,�, ., Director/Chief print name ITS: circle one)Secretary/Chief Financial Officer/Asst. ecretary-Treasurer REVIE D APPROVED: i y Administrator APPROVED AS TO FORM: i City Attorney agree/surfnet/professional sves mayor 11 of I I 12/07 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) PCR Services Corporation will prepare the environmental documentation for the proposed Center Avenue Skate Park. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: FOR THE ENVIRONMENTAL IMPACT REPORT(EIR) 1. Collect Data/Prepare Project Description 2. Prepare Notice of Preparation/Notice of Public Scoping Meeting 3. Prepare Draft EIR 4. Prepare Final EIR 5. Meetings and Management Coordination 6. Phase I Environmental Site Assessment 7. Traffic Study 8. Air Quality Technical Report 9. Climate Change/Greenhouse Gases Technical Report 10. Noise Technical Report 11. Lighting Study 12. Weekend Traffic Analysis FOR THE MITIGATED NEGATIVE DECLARATION(MND) 1. Collect Data/Prepare Project Description 2. Draft Initial Study/MND for City Review 3. Revise Initial Study/MND Based on City Comments 4. Final Initial Study/MND-Response to Comments/Mitigation Monitoring and Reporting Program (MMRP) 5. Meetings and Management Coordination 6. Phase I Environmental Site Assessment 7. Traffic Study 8. Air Quality Technical Report 9. Climate Change/Greenhouse Gases Technical Report 10. Noise Technical Report 11. Lighting Study 12. Weekend Traffic Analysis C. CITY'S DUTIES AND RESPONSIBILITIES: l. Consultant will perform as an extension of staff. 2. City will make timely payments as outlined in Exhibit"B". D. WORK PROGRAM/PROJECT SCHEDULE: Work will initiate upon notice to proceed by the City of Huntington Beach. Exhibit A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. Environmental Planning&Documentation President $270/hr Director/Principal $198/hr Principal $180/hr Associate Principal $162/hr Principal Planner $144/hr Senior Planner II $131/hr Senior Planner I $117/hr Planner $104/hr Associate Planner $90/hr Assistant Planner $77/hr Technician $63/hr Intern $50/hr Biological Services Principal/Director $225/hr Principal Environmental Scientist $170/hr Associate Principal $162/hr Principal Environmental/Regulatory Scientist $160/hr Principal Biologist $144/hr Senior Biologist II $131/hr Senior Biologist I $117/hr Biologist $104/hr Associate Biologist $90/hr Assistant Biologist $77/hr Technician $63/hr Intern $50/hr Air Quality, Climate &Acoustics Director $162/hr Principal Engineer/Scientist $144/hr Senior Engineer/Scientist 11 $131/hr Senior Engineer/Scientist I $117/hr Engineer/Scientist $104/hr Associate Engineer/Scientist $90/hr Assistant Engineer/Scientist $77/hr Technician $63/hr Intern $50/hr Exhibit B EXHIBIT B )fixed Fee Payment Historic Resources Director $162/hr Principal Historian $144/hr Senior Historian II $131/hr Senior Historian I $117/hr Historian $104/hr Associate Historian $90/hr Assistant Historian $77/hr Technician $63/hr Intern $50/hr Archeological & Paleontological Resources Director $162/hr Principal Archaeologist/Paleontologist $144/hr Senior Archaeologist/Paleontologist II $131/hr Senior Archaeologist/Paleontologist I $117/hr Archaeologist/Paleontologist $104/hr Associate Archaeologist/Paleontologist $90/hr Assistant Archaeologist/Paleontologist $77/hr Archaeological/Paleontological Technician $63/hr Intern $50/hr Support Senior GIS Specialist/Senior Graphics $104/hr GIS Specialist $81/hr Graphics Specialist $81/hr Publications Specialist $72/hr Production Specialist $72/hr 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an Exhibit B EXHIBIT B Fixed Fee Payment invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B EXHIBIT B Fixed Fee Payment CERTIFICATE OF LIABILITY INSURANCE 2/15/2D11) AIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES , BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(tes)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER C NTA T Julie Wright -RAMP--__ -- tt ....... ._........-......._....-...._.._......__-.-_`_-. C. M. Meier$ Company, Ina. H Ex11; (819)224�-6100 Ti����).fele)22A-6499� 21045 Califa St. #100 ADuneBS:jwri9ht@o=aier9.com PRODUCER A0017204 Woodland hills CA 91567 INSURER(S)AFFORNNGCOVERAGE NAIC# INSURED lNSURERA:PhiladtdlPhia Insurance CO.—_.-- 18058 INSURER B:_•__ PCR Servioes Corp. 1 Venture, Suite 150 INSURERD_ INSURER E: Irvine CA 92618 IN URERF: COVERAGES CERTIFICATE NUMBERS&02010 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ON "----- --'- POLICY EfF POLICY LTR TYPEOFIHSURANCE POLICYNUMOSR Win,..(MJN/ODlYYY�1f LIMITS GENERALUASILITY EACH OCCURRENCE_ $ COMMERCIAL GENERAL LIABILITY P$ I$�E$t(-�-@-�OnCe ........-_..-.. ...-.._ — -- CLAWS-FADE L__1 OCCUR MEO EXP LAry one $ PERSONAL&ADV INJURY -------- GENERAL AGGREGATE GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOI?AGG S - POLICY PRO LOC S -- .----_._....----- AUTOMOBILEUABIUTY COMBINED SINGLE LIMIT S ANY AUTO P En AS O F (Ee 10)— — BODILY INJURY(Per person) S ALLOWNEDAUTOS BODILY INJURY(Peraoddent) $ _ SCHEDULED AUTOS FER MCGRAT Lily y PROPERTY DAMAGE — - S --- _-__--.._--•- --- HIRED AUTOS -1 Of eool I") -- NON-OWNED AUTOS S UMBRELLALIAB j"CCUR EXCESS LIAO MS.MAO £ACHOCCURRENCE S AGGREGATE S DEDUCTIBLE RETENTION S WORKERS COMPENSATION YdC STATU DTH- AND EMPLOYERS'LIABILITY IN ANY PROPRtETORIPARTNERIEX£CUTIVE j JA E.L.EACH ACCIDENOFFICER1MEhIBER EXCLUOEO9 ---(MandeterylnNH) EL DISEASE-CAEMPLOY> SR yyrree�a deacdbe undoDESCRIPTION OF OPERA- NS below E.L.DISEASE-POLICY LIMIT S A PROF AD ESSIONAL CLAIMS MEHSD512779 /10/2010 /19/2011 Ty'; ,00D ENCH CLAI LIABILITY (R&O) ,006 AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(Attach ACORD 101,Addltloruil Remark*Schedule,It more space to required) RZTRO DATE: 4-19-96 PROJZCT.ENVIRONMENTAL DOCUMENTATION FOR SKATE PARK PROJECT 10 DAYS NOTICE OF CANCELLATION FOR NON PAYMENT 01r PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF HUNTINGTON 139ACH ACCOROANCE WITH THE POLICY PROVISIONS, 20000 MAIN STREET ---- - — HUNTINGTON BEACH, CA 92648 AUTHORIZED REPFIFSENTATiVE Herbert Rothman/JULIB ACORD 25(2009109) ©1988-2009 ACORD CORPORATION. All rights reserved. INS026(zwm) The ACORD name and logo are registered marks of ACORD INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Planning and Building Department 2. Date: February 24, 2011 3. Name of contractor/permittee: PCR Services Corporation 4. Description of work to be performed: Preparation of environmental documentation for the proposed Skate Park 5. Value and length of contract: $222,900 36 months 6. Waiver/modification request: Requesting Deductible of $25,000 7. Reason for request and why it should be granted: Vendor Request 8. Identify the risks to the City in approving this waiver/modification: Risks Minimal Z44/I 4� 4:—:7 7n& Z L/. :?Dl/ partment Head Signature Dat : 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 Admpstrator's Office is only,required,if" Risk Management,and th City.,Attorney' O ice disagreegy 1 Risk Management AL A pp roved ElDenied 2 ®Z Signature Date 2. City Attorney's Office �! A�Approved El Denied v �. j� 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 Attorneys Office along withthe contract;for approval' Once the confFact"has been°approvetl,s., this,forrri is to be filed with the Risk Management Division of,.Human Resources Waiver Form 2/24/2011 9:04:00 AM CITY OF HUNTINGTON BEACH - Professional Service Approval Form PART I Date: 12/14/2010 Project Manager Name: Tess Nguyen Requested by Name if different from Project Manager: Chris Davis _. Department: Building and Planning PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Prepare environmental documentation for the proposed Center Avenue Skate Park 2) Estimated cost of the services being sought: $ 250,000 3) Are sufficient funds available to fund this contract? ❑ Yes ® No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes❑ No 5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: 10060201.69365 Amount $ 250000 Amount $This contract will be funded by a reimbursement agreement with Vans A Fiscal Impact Statement and budget appropriation form will be prepared once the exact amount of the project is known, but the project will be revenue neutral.. Amount $ Amount$ Amount$ 6) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) —Other Interagency Agreement procedure will be utilized. ❑ MC 3.0 .08—Contract Limits of$30,000 or less exempt procedure will be utilized. � 2-l5 - ho D partment Head Signature Date �12 y Dire or ot nance's Initials Date Deputy City Administrator's Initials Date APPROVED t D ❑ ity dministrator's Signature Date CITE OF HUNTINGTON BEACH Professional Service Approval Form PART II Date: 2/28/2011 Project Manager: Tess Nguyen Requested by Name if different from Project Manager: Department: Building and Planning PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant:PCR Services Corporation 2) Contract Number: BDG 011 007 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 222,900 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) 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 the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. G(Gf" 1 him 10) Attach Exhibit B, which describes the payment terms of the contract. c(Nlfi%�,J ��� irector of Finance (or designee) Signature D to ' LIST OF CONSULTANTS Envicorn Corporation 28328 Agoura Road Agoura Hills CA 91301 (818) 879-4700 Contact: Lisa Ballin, Director of Environmental Services PCR Services Corporation 233 Wilshire Boulevard, Suite 130 Santa Monica CA 90401 (310) 451-4488 Contact: Jay Ziff, Director of Environmental Planning and Documentation HDR, Inc. 8690 Balboa Avenue, Suite 200 San Diego CA 92123 (858) 712-8400 Contact: Patrick O'Neill, Environmental Sciences Business Lead BonTerra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa CA 92626 (714) 444-4199 Contact: Joan Kelley, Managing Principal Ho CITY OF HUNTINGTON BEACH HUNTINGTON BEACH R.EQIEST FOR. PROPOSAL TO PREPARE ENVIRONMENTAL ANALYSIS FOR THE CENTER. AVENUE SKATE PARK G � DATE DECEMBER 10, 2010 DISTRIBUTED BY.- CITY OF HUNTINGTON BEACH PLANNING & BUILDING DEPARTMENT 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 14 536-5271 r TABLE OF CONTENTS TITLE PAGE I INTRODUCTION 1 1.1. Background 1 1.2. Project Objectives 1 1.3. Role of Consultant I II PROTECT BACKGROUND 2 2.1 Project Description 2 2.2 Site Background 2 2.3 Available Information 3 III SCOPE OF SERVICES 3 3.1 Environmental Documentation 4 3.2 Content and Submission of Proposals 5 3.3 Schedule 6 3.4 Meeting Attendance 6 3.5 Deliverables 7 IV BUDGET 8 4.1. Insurance/Indemnification Requirements 8 V SELECTION PROCESS 8 5.1 Evaluation Criteria 8 5.2 Interviews 9 5.3 Recommendation to Redevelopment Agency 9 5.4 Disclaimer 10 VI PROPOSAL SUBMITTAL DEADLINE 10 VII CONTACT 10 VIII ATTACHMENTS 10 ><. Introduction 1. 1 Background The City of Huntington Beach is seeking proposals from qualified consultants who are interested in being considered to prepare the environmental documentation for the proposed Center Avenue Skate Park. The project requires a General Plan Amendment to amend the City's Housing Element and a Zoning Text Amendment to amend a Specific Plan. The consultant team must have demonstrated experience in processing environmental documentation pertaining to recreational projects and have experience working with affected regional agencies. The City of Huntington Beach Planning and Building Department will be the lead agency pursuant to the California Environmental Quality Act. The environmental consultant selected will have the primary responsibility of preparing the environmental documentation necessary for processing the project and must have adequate technical ability and resources to prepare the environmental documents in a timely manner. The consultant will also be responsible for participating in study sessions and public hearings needed to prepare and adopt the documents. 1.2 Project Objectives The key objective in undertaking this project is to analyze the potential environmental impacts associated with this project. The project is on an accelerated timeline; thus, a secondary objective is to expedite the preparation of the environmental documentation. 1.3 Role of Consultant The role of the consultant is to be an extension of the City's staff. The consultant(s) are expected to keep an open dialogue and to work closely with staff in completing all project objectives. As an extension of staff,the consultant will be expected to function in the following capacities: o Provider of technical information and unbiased recommendations o Provider of solutions to potential conflicts ® Public educator of the CEQA process o Solicitor of public input ® Organizer, facilitator& consensus builder e Available to City staff via phone, electronic mail, fax, meetings, etc. o Preparer of environmental documents, letters, memos, applications, meeting minutes, staff reports, etc. ® Presenter of CEQA issues, staff reports, etc. -1- (gAEnvironmlRFPtemplate) II. Proieet Background 2. 1 Project Description The Redevelopment Agency of the City of Huntington Beach is partnering with VF Outdoor, Inc. to design, develop, maintain and operate a public skate park on an Agency owned parcel. The project will include approximately 12,000 square feet of skate park plaza area, 15,000 square feet of skate bowl area, a 2,000 square foot skate shop/concession building, 15,000 square feet of turn/walking area, 70 paved parking stalls fronting Center and McFadden Avenues, and restrooms (see attached Conceptual Site Plan). The skate park shall meet and comply with all ADA standards. The skate park will be open to the public. Hours of operation will be seven days a week, 10 am to 10 pm. The proposed skate park will host various events throughout the year. In total, approximately 15 event days per year are anticipated, with the majority of those events occurring on weekends. The major event is expected to draw up to 2,500 spectators per event day and last three days. Smaller events are expected to draw 300 to 500 spectators on various weekends for a total of 12 event days. The special events will require overflow parking and temporary seating areas for spectators and will also include a vendor/event staging area. These facilities will be provided on-site and on the adjacent property owned by Southern California Edison (SCE), per the attached Conceptual Site Plan. Specifically, 179 parking spaces could be accommodated on the SCE property and bleachers would be brought in for the specific events and then removed. Additional overflow parking area has not been identified at this time. The project requires a General Plan Amendment to the City's Housing Element and a Zoning Text Amendment to amend a Specific Plan. The General Plan designates the both the Agency and SCE properties as Mixed Use with Specific Plan and Design Overlays (M-sp-d)and both lie within the Beach and Edinger Corridors Specific Plan, adopted in March 2010. The Specific Plan designates the area as Town Center— Neighborhood and currently only allows residential uses on the Agency's property. This property is identified in the City's Housing Element as one of the sites that would be used to meet its AB 2348 requirement, specifically providing 175 affordable units. The Housing Element will need to be amended to substitute another property(ies)to provide the 175 units. The Specific Plan will need to be amended to remove the residential requirement from the Agency property. It is possible that the substitute property will be located in the Specific Plan area, in which case the Specific Plan would be amended accordingly. 2.2 Site Background The primary project site is owned by the Redevelopment Agency of the City of Huntington Beach. It is located between Center and McFadden Avenues, east of Gothard Street. The project site is 2.7 acres in size and is identified as APN 142-073-03. The site -2- (gAEnvironm\RFPtemplate) is currently vacant and was used as a tree farm for approximately 20 years. The Agency acquired the site from Union Pacific Railroad. The SCE property is approximately the same size as the Agency property and serves as a transmission line corridor. Due to low lines, a portion of the site is an"exclusionary zone," which precludes any use of that area by the proposed project. Adjacent and nearby uses are varied. To the east of the Agency's property is the railroad, still in use; an apartment complex and Old World Village/parking. Directly adjacent to the southern portion of the SCE property is an OCTA Bus Transit Center. Goldenwest College is further west on the other side of Gothard Street. To the south is a nursery use on leased SCE property, a commercial strip center site that is approved for a 385 unit mixed use project and the site of an approved Costco and mixed use project. Residential uses and the City limits with Westminster at McFadden are to the north. 2.3 Available Information The City has requested that the applicant provide a preliminary grading plan, hydrology and hydraulic analysis and preliminary water quality management plan, which will be reviewed by City staff and made available to the selected consultant. There is a 1992 Phase I report also available. In addition, GIS graphics will be available from the City in a JPEG file as follows: General Plan land use map, zoning map, assessors parcel map, aerial photo, and existing utilities (except for storm drain). The Program EIR for the Beach and Edinger Corridors Specific Plan,certified in 2009, and the Beach and Edinger Corridors Specific Plan, approved in 2010, are available for review at: http://www.huntin,,tonbeachca.gov/government/departments/Planning./major/Beach Edin er.cfm The City's General Plan was last comprehensively updated in 1996. The Housing Element was updated in 2008 and is approved by the State Department of Housing and Community Development. Both are available on the City's website. III. Scope of Services In general, the consultant shall perform the necessary research, investigation and documentation to complete the environmental documentation. The City requests that proposals include scope and budget for both a mitigated negative declaration and an environmental impact report. In addition, proposals should provide a "normal" schedule and an accelerated schedule, with accompanying budget estimates for each. Given the above requirements,the Scope of Services shall include the following: -3- (gAEnvironm\RFPtemplate) 3. 1 Environmental Documentation The environmental documentation shall discuss environmental effects in relation to their severity and probability of occurrence and shall identify appropriate modifications to the project to mitigate any environmental impacts to the extent feasible. The consultant will be expected to prepare and carry out the following: 1. Completion of necessary technical studies, including traffic, parking demand study, air quality, biological assessment, Phase I, lighting (this should be optional as the extent of lighting is currently unknown) and noise,as well as any other studies needed as identified by the consultant. The applicant will provide a preliminary grading plan, hydrology and hydraulic analysis and preliminary water quality management plan, which will be reviewed by City staff. To the extent that the technical studies identify potential impacts that could be mitigated with re-design, thereby resulting in a mitigated negative declaration being appropriate, the applicant may modify the project. This may result in one or more of the technical studies being revised by the consultant accordingly. 2. As necessary, confer and meet with regulatory agencies (Orange County Sanitation District, South Coast Air Quality Management District, etc.) regarding results of technical studies, etc. 3. Provide alternative recommendations (as necessary) based on results of items 1 and 2 to mitigate any potential environmental impacts. 4. Complete environmental document consistent with CEQA statutes and guidelines. The consultant will prepare the Initial Study. The City's Environmental Assessment form will be used for the checklist. Typically, the City will ask consultants to proceed with the Initial Study, once the project description is finalized concurrent with preparation of technical studies. For this project, because it is unknown what the level of environmental review will be, the City anticipates delaying preparation of the Initial Study until the first round of technical studies are complete as results of the studies may result in a change to the project description. Notwithstanding this, as indicated above, acceleration of the project schedule is highly desirable. 5. Preparation and distribution of the draft environmental document (either mitigated negative declaration or environmental impact report) in accordance with the provisions of the California Environmental Quality Act and State Environmental Guidelines, as amended. The City will be responsible for internal distribution and to groups located within the City of Huntington Beach. 6. Preparation of the Notice of Availability and Notice of Completion for the documents. The Consultant will be expected to distribute the notices to the appropriate County, State and Federal agencies, if any, and provide the City with the list. The City will be responsible for distribution of notices to area property owners and organizations within the City, publication in newspapers and transmitting notices to the County for posting. -4- (gAEnvironm\RFPtemplate) 7. Provide an electronic copy of any publicly reviewed environmental document formatted in Microsoft Word and P o r t a b I e D o c u in e n t F o r m a t ( PDF). The document converted to PDF shall be indexed and searchable. 8. Preparation of all graphic exhibits and handouts necessary for meetings, study sessions, and public hearings on the Environmental Documents with the exception of the following GIS graphics which will be available from the City in a JPEG file: vicinity map, General Plan land use map, zoning map, assessors parcel map, aerial photo, and existing utilities (except for storm drain). 9. Preparation of response to comments (if necessary). Contract augmentation for "excessive" numbers of responses is not typically considered by the City. Therefore, your proposal should be conservative in this regard. The consultant shall also prepare any other written responses to letters or verbal comments received during the preparation and processing of the document(as deemed necessary by City). 10. Preparation of the Final Environmental Document. 11. Provide an electronic copy of the Final Environmental Document formatted in Microsoft Word and P o r t a b I e D o c u m e n t F o r m a t ( PDF). The document converted to PDF shall be indexed and searchable by chapter. 12. Preparation of certification documents (notice of determination, etc.), as necessary. 13. Preparation of a Mitigation Monitoring Program, as necessary. 14. Meet regularly with City staff to review work efforts, schedules, and issue areas as identified and necessary during the process. 15. Presentations at meeting, and public hearings. The firm's Principal or a representative of the environmental firm who has demonstrated ability in presenting Environmental Documents to Committees, Planning Commissions and City Councils will be required to attend the public meetings or other meetings as deemed necessary by City staff. 3.2 Content and Submission of Proposals The City requests that proposals be organized and presented in a neat and logical format and be relevant to the Scope of Services. Proposals shall be clear, accurate and comprehensive. Excessive (written proposals more than 30 pages, excluding tables, charts or graphics) or irrelevant material will not be favorably received. The consultant shall identify the tasks required to complete 3.1 above. Each task should be responded to by the consultant team in the form of a technical work statement. Each major work item should be related to a cost figure. The technical work statement should contain the effort to -5- (gAEnvironm\RFPtemplate) be expended by the consultant in preparing each task, and the time frame in which the task will be completed. In addition, proposals should contain the following information: 1. Cover letter, not to exceed three pages in length, should summarize key elements of the proposal. An individual authorized to bind the consultant must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. Indicate the address and telephone number of the office located nearest to Huntington Beach and the office from which the project will be managed. 2. Information on which staff and subconsultants will be involved in the work, to include background/resume on the individuals (and subconsultants), team organization and the relationship of their capabilities and experience to the tasks undertaken. A project manager and an alternate project manager shall be named who shall be the prime contact and be responsible for coordinating all actions with the City. Any changes in project team membership shall be approved by the City. 3. At least five references that received similar services. Include client name, project manager, start/end date and telephone number. 3.3 Schedule The City is requesting that the project commence upon notice to proceed,which is anticipated for mid-February 2010. The Redevelopment Agency would prefer to have the Planning Commission hearing for the project no later than their June 28, 2010 meeting, regardless of the level of environmental review that is required. The City recognizes that this is very aggressive. The accelerated schedule and budget should accommodate this schedule to the best extent possible. For the accelerated schedule, the consultant should assume that for each round of review the City's internal review time for technical studies and environmental documents will be one week; normally it is three weeks. 3.4 Meeting Attendance The consultant team shall assume the following minimum number of meetings. More meetings may be suggested in the proposal. Payment for meetings will be based upon the actual number of meetings. The proposed fee for meetings shall be segregated by type of meeting and should include all necessary personnel (including sub-consultants) and presentation materials. MEETINGS NUMBER Meetings with staff 3 Scoping Meeting I Public Information Meeting(held during public comment period) 1 Planning Commission Study Session/Public Hearing 2 Meetings required with other agencies in the preparation of the documentation are not included in the above numbers but should be accounted for in the consultant's budget. -6- (gAEnvironm\RFPtemplate) 3.5 Deliverables All documents and plans shall be the property of the City of Huntington Beach. Documents shall be organized so that they can be easily revised and reprinted, are adequately illustrated, are computer compatible, and are easily understood by diverse public interests. The number of documents and plans shall be as follows: Environmental Documentation 1. A minimum of five (5) screencheck copies of technical reports and the Draft Environmental Documents. 2. A minimum of one (1) screencheck copy of the Notice of Availability and Notice of Completion. 3. 40 bound copies of the public review environmental documents and 25 Technical Appendices plus one (1) unbound reproducible original copy shall be provided to the City. Note: these copies are in addition to the copies that the Consultant shall transmit to the State Clearinghouse and County, State and Federal agencies. a. All graphics, charts, maps, and tables shall be on 8 %X 11 white paper. b. All studies, surveys results, data, and agency comments and responses shall be included in the technical appendices. 4. Provide an electronic copy of the Draft Environmental Documents formatted in Microsoft Word and P o r t a b 1 e D o c u in e n t F o r m a t ( PDF). The document converted to PDF shall be indexed and searchable by chapter. 5. A minimum of five screencheck copies of the Draft Response to Comments, if needed. 6. Copies of the Response to Comments to be distributed to commenting parties and agencies per CEQA, if needed. 7. 40 bound copies of the Final Environmental Document plus one unbound, reproducible copy containing Response to Comments and any other additional or revised text of the Environmental Document. 8. Provide an electronic copy of the Final Environmental Document formatted in Microsoft Word and P o r t a b 1 e D o c u in e n t F o r in a t ( PDF). The document converted to PDF shall be indexed and searchable. 9. A minimum of two (2) screencheck copies of the Certification documents and one reproducible final electronic copy. -7- (gAEnvironm\RFPtemplate) IV. Budget There will be a fixed price contract. A "not to exceed" amount should be provided for all miscellaneous expenses such as mileage,printing, etc. so that there are no costs to the City which are not identified in the proposal. There will be no compensation to consultant for hours expended resulting from consultant's errors and omissions. A breakdown of labor hours by employee billing classification together with the cost of non-labor and subconsultant services shall be included for the various scenarios requested, e.g. mitigated negative declaration, accelerated schedule, etc. The labor breakdown shall be compiled based on a listing of work tasks that correlates with the consultant's defined scope of work for the project proposal. 4. 1 Insurance/Indemnification Requirements Consultant shall maintain and provide proof of the following minimum insurance during the duration of the project: Professional Liability Coverage - $1,000,000 per occurrence. A claims-made policy is acceptable if the policy further provides that: a) The policy retroactive date coincides with or precedes the initiation of the scope of work(including subsequent policies purchased as renewals or replacements). b) Consultant will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. c) If insurance is terminated for any reason, consultant agrees to purchase an extended reporting provision of at least two (2)years to report claims arising from work performed in connection with the contract. d) The reporting of circumstances or incidents that might give rise to future claims. A sample contract and the City's insurance requirements are included as an attachment. It is mandatory that you review these requirements and sign the attached acknowledgement form. V. Selection Process 5. 1 Evaluation Criteria Of primary importance in the selection of a consultant or team of consultants will be the overall quality of the proposal as evidenced by previous accomplishments and a demonstrated willingness to work with City officials, staff, and agencies. In general, proposals will be evaluated based upon the following criteria: -8- (gAEnvironm\RFPtemplate) ➢ Understanding of the Scope .15 ➢ Identification of Critical Scope Elements and Key Issues .15 ➢ Technical Approach, Work Plan, Innovative Approach .30 ➢ Clarity and Completeness of Proposal .05 ➢ Qualification of Firm/Subconsultants .15 ➢ Knowledge and Experience of Project Manager/key staff .20 ➢ Changes to the City's contract(if any) -.10 5.2 Interviews If warranted, consultants may be selected for interviews to be held the week of January 24th. Should interviews be held, consultants will be notified of the interview time by January 17th. The interview shall consist of a presentation by the consultant and will allow the consultants an opportunity to demonstrate their understanding of the City's needs toward meeting its objectives. Any form of presentation may be used; however,the most effective presentation will demonstrate the experience and ability of key personnel and samples of the proposed product. Interview will be limited to one hour. The interview will begin with the proposer's presentation and will be followed by questions from staff. 5.3 Recommendation to City Council The staff will evaluate all eligible proposals and make the final recommendation for selection to the City Council based upon the following criteria: I. Adequate technical and financial resources for performance prior to award of this contract. 2. Experience and organizational, technical and editorial skills and facilities prior to award of this contract. 3. Demonstrated qualification of the project leader(s) and assurance of his or her principal involvement in the project until its completion. 4. Ability to perform the required tasks within an acceptable time schedule. 5. A satisfactory record of ability and performance in other similar projects, and familiarity with issues pertaining to the project. 6. Ability and experience to work closely with City staff and advisory bodies. 7. Regularly and easily available to City staff and for day and evening meetings, as required. -9- (gAEnvironm\RFPtemplate) 8. An equal opportunity employer and qualified and eligible to receive and fulfill award of this contract under all applicable laws and regulations. 9. Information provided by references. 10. Ability to estimate and identify hidden and unforeseen costs. 11. Consultant's enthusiasm and creativity. 12. Past performance record with the City(if applicable). 13. A reasonable contract price. 5.4 Disclaimer This Request for Proposal does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this Request for Proposal in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations. VI. Proposal Submittal Deadline Written proposals are due by 5:00 p.m., January 3, 2011. Send or deliver six (6) copies of the proposal to: Chris Davis, Senior Administrative Analyst City of Huntington Beach Planning and Building Department 2000 Main Street Huntington Beach, CA 92648 VII. Contact Person Questions regarding the project and consultant selection process should be directed to: Mary Beth Broeren, Planning Manager at(714) 536-5550 or mbroeren@surfcity-hb.org. (Please note, City Hall will be closed December 24 through January 2. Ms. Broeren will be out beginning December 22°d.) VIII.Attach men ts 1. Sample Contract 2. Insurance and Indemnification Acknowledgement form 3. Proposed Conceptual Site Plan -10- (gAEnvironm\RFPtemplate) City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 =Y 0 (714) 536-5227 ♦ www.huntingtonbeachca.gov ® Office of the City Clerk Joan L. Flynn, City Clerk April 19, 2011 PCR Services Corp. Attn: Michael Harden One Venture, Ste. 150 Irvine, CA 92618 Dear Mr. Harden: The City Council of the City of Huntington Beach at the meeting held April 18, 2011, approved execution of the Professional Services Contract between the City of Huntington Beach and PCR Services Corporation for preparation of Environmental Documentation for the proposed Skate Park. Enclosed is a duly executed duplicate original of the agreement for your records. Sincerely, 000 Joan L. Flynn, CMC City Clerk Enclosure: Contract JF:pe G lol lowup:agrmthr Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand ATTACHMENT #2 Rio 307 Item ]. - 39 REIMBURSEMENT-PLANNING-AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND VF Outdoor, Inc. FOR COSTS INCURRED FOR Vans Skate Park CEQA Documentation THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and VF Outdoor, Inc. a Delaware Corporation hereinafter referred to as "DEVELOPER." WHEREAS, DEVELOPER is proposing to develop an area within the City of Huntington Beach known as the Vans Skate Park ; and DEVELOPER is required to submit applications to CITY for approval of various discretionary matters, such as entitlements, zone changes, land use approvals and environmental assessments; and DEVELOPER desires that all entitlements, zone changes, land use approvals and environmental assessments be processed as soon as possible; and DEVELOPER desires to have CITY commit sufficient resources to enable the expeditious processing of applications and other necessary documentation; and Pursuant to California Government Code Section 87103.6, DEVELOPER is allowed to defray the cost of processing development applications and entitlements by reimbursing CITY for such costs, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged,the parties agree as follows: g/agree/citywide/surfnet/reimburs3-07 1 1. PAYMENT DEVELOPER agrees to reimburse CITY for its professional services as follows: A. Within ten (10) days following execution of this Agreement by CITY, DEVELOPER will make an initial payment to CITY in the amount of Fifty-thousand Dollars ($ 50,000 ) (hereinafter the "Amount of Deposit"). Thereafter, on the first day of each third month, DEVELOPER shall replenish the Amount of Deposit by paying to CITY an amount equal to the amount paid by CITY for professional services funded by this Agreement (the "Quarterly Payment"). The parties acknowledge that the Amount of Deposit will be used to pay the professional planning services funded by this Agreement, and if, prior to the payment of any Quarterly Payment, the Amount of Deposit is less than One Thousand Dollars ($1,000), DEVELOPER shall make the next Quarterly Payment within ten (10) days' notice from CITY. DEVELOPER acknowledges that the amount referenced in this Agreement is the CITY's best estimate of the costs for the services described herein, and that the actual cost of said services may be higher. In the event that the actual cost of said services exceeds the estimated costs, DEVELOPER agrees to pay the actual cost within ten (10) days after receiving CITY's invoice for same. In the event the actual costs of Reimbursement Services are less than the estimated costs, CITY will refund the difference between the actual and estimated costs. B. The estimated cost to cover twelve (12) months of professional services is Two hundred twenty two thousand Dollars($ 222,900 ). nine hundred C. A late payment fee of ten percent (10%) will be assessed if CITY receives any payment later than the thirtieth (30t') day after that payment is due but unpaid. In g/agree/citywide/surfnet/reimburs3-07 2 addition, one and one-half percent(1'/z) interest per month shall be added for each month the payment hereunder is due but unpaid. 2. STATEMENT OF INTENT The amounts reimbursed to CITY pursuant to this Agreement will help defray CITY's cost of the professional planning services required to process DEVELOPER's various development applications and entitlements as set forth herein. 3. EXCLUSIVE CONTROL BY CITY CITY will maintain exclusive control over the work described herein. Nothing in this Agreement: A. Shall be deemed to require CITY to approve any plan, proposal, suggestion, application or request submitted by DEVELOPER. B. Shall be deemed to limit, in any respect whatsoever, CITY's sole authority to direct and control the planner(s) assigned to DEVELOPER's various development projects. C. Shall be deemed to impose any liability on CITY different from any liability as may otherwise be established by law. 4. CITY EMPLOYEES AND OFFICIALS DEVELOPER 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 direct financial interest in this Agreement. 5. TIME IS OF THE ESSENCE CITY agrees that time is of the essence for the performance of the work to be funded pursuant to this Agreement and therefore, thirty (30) days prior to each quarterly invoice, DEVELOPER shall submit a list of proposed activities to be performed by the CITY for approval by the Planning Director. g/agree/citywide/surfnet/reimburs3-07 3 6. TERMINATION OF AGREEMENT Either party may terminate this Agreement at any time with or without cause, upon ten (10) days' prior written notice to the other party. DEVELOPER shall be responsible for all costs incurred prior to termination, including any and all costs incurred after notice of termination has been given. 7. TERM This Agreement shall be effective on the date of its approval by the City Council of CITY. This Agreement shall expire when terminated as provided herein. 8. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to DEVELOPER's agent 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; provided that CITY and DEVELOPER, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO DEVELOPER: City of Huntington Beach VF Outdoor, Inc. ATTN: Tess Nguyen 6550 Katella Avenue 2000 Main Street Huntington Beach, CA 92648 Cypress CA 90630 ATTN: Doug Palladini 9. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. g/agree/citywide/surfnet/reimburs3-07 4 10. 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. 11. 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 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 12. 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 g/agree/citywide/surfnet/reimburs3-07 5 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. 13. IMMIGRATION DEVELOPER 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. 14. LEGAL SERVICES SUBCONTRACTING PROHIBITED DEVELOPER 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. DEVELOPER 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 DEVELOPER. 15. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 16. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 17. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. g/agree/citywide/surfnet/reimburs3-07 6 18. ENTIRETY This Agreement, and the attached exhibits, contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understanding and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on L _ �� 20 DEVELOPER, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 0 y: yor print name Clerk f r(q/0 ITS: (circle one)Chairman/Preside icee Pre ' AND INITIAT A APPROVED: By: Director of t_ print name REVIEWS AND APPROVED AS TO ITS: (circle one) Secret Chief Financial Officer Asst. CONTE Secretary—Treasurer Ik ilVdministrator APPROVED AS TO FORM: ��- I City Attorney g/agree/citywide/surfiet/reimburs3-07 7 CItty ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov ® Office ®f the City Clerk ' Joan L. Flynn, City Clerk April 19, 2011 VR Outdoor, Inc. Attn: Doug Palladini 6550 Katella Avenue Cypress, CA 90630 Dear Mr. Palladini: The City Council of the City of Huntington Beach at the meeting held April 18, 2011, approved execution of the Reimbursement— Planning —Agreement Between the City of Huntington Beach and VF Outdoor, Inc. for costs incurred for Vans Skate Park CEQA Documentation. Enclosed is a duly executed copy of the agreement for your records. Sincerely, Jo L. Flynn, CMC City Clerk Enclosure: Contract JF:pe G:fo11owup:agrmt1tr Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand