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RBF CONSULTING - 2001-03-19
i • CITY OF HUN'TINGTON BEACH 2000 MAIN STREET CAUFORNIA q:'EidV OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK I.-ETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUN('TL/ REDEVELOPMENT AGENCY OF THE CITY OF I--KI TI1\GTON BEACIT DATE: D _ TO: E ('QAJZLA,L77N(1 -- _ ATTENTION: IffI A) -T� m}.l ham: ._� LD&CO(AA ST .�7— d d,2 DEPARTMENT: _--- — — Stf''et REGARDING: aWA&--q i2. T)O Z City,state,Zip — ����Rcu.-�.a�'D_ �.JESf}+4lNA'73gnJ tQ�.O+T See Attached Action Agenda Item_-_- -� DatL of Approval Inclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: City Clerk Attachments: Action Agenda Page _ ,/ Agreement ✓Bonds _ Insurance RCA Deed Other Na a Department RCA Agreement Insurance Other Name Department RCA_ Agreennew, Irsururce of Nacre i� Department RC:1 Agrecmcnr Ins—Ur ahcc O!',ci Name Department RCA Agreement I11 urar:cc —01b7CI' Department RCA Insurance g'lfol lowu pil a tters/coveritr.d oc (Tnlephon a: 714-636.5227) (13) • August 2, 2004 -Cocli/Agency Agenda - Page 13 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes (120.65) -Approve and adopt the minutes of the City Council/Redevelopment Agency Regular Meetings of June 7, 2004 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. Mayor Green requested amending the Public Comment made by Mr. Bill Borden during the Study Session. Approved and Adopted 4-0 (Houchen, Hardy, Coerper absent) E-2. (City Council) Adopt Resolution No. 2004-59 Accepting a Federal Grant Award for Development of a Hazard Mitigation Plan (340.70)—Adopt Resolution No. 2004-59 — "A Resolution of the City Council of the City of Huntington Beach Accepting a Federal Grant Award to Develop a Hazard Mitigation Plan." Submitted by the Fire Chief. Funding Source: The FEMA (Federal Emergency Management Agency) grant award is for$135,000 and the 25% matching requirement will be satisfied by in-kind work which is contained in the existing Emergency Operations Center budget. No additional appropriations are required. Adopted 4-0 (Houchen, Hardy, Coerper absent) E-3. (City Council) Approve Professlonal Services„Contract between the City and RBF Consulting and Two Reimbursement--Planning Agreements between the City and Poseidon Resources Corporation for the Preparation of Recirculated Environmental Impact Report No. 00-02 for the Poseidon Desalination Project— Authorize Appropriation of Funds (600.10)— 1. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and RBF Consulting for Preparation of a Recirculated Environmental Impact Report for the Poseidon Desalination Project— EIR No. 00-02 in the amount of $136,865; and 2. Approve and authorize the Mayor and City Clerk to execute the Reimbursement— Planning—Agreement between the City of Huntington Beach and Poseidon Resources Corporation for Costs Incurred for Preparation of a Recirculated Environmental Impact Report for the Poseidon Desalination Project and for entitlement processing; and 3. Authorize the Director of Administrative Services to appropriate $136,865 from the City's General Fund Balance to the Planning Department's Contractual Services Account Number 10060201.69365; and 4. Authorize the Director of Planning to expend $136,865 for environmental consulting services related to Environmental Impact Report No. 00-02, pursuant to the contract with RBF Consulting. Submitted by the Planning Director. Funding Source: Appropriation of funds in the amount of$136,865 from the City's General Fund Unappropriated Balances into the Planning Department's Contractual Services Account. Poseidon Resources Corporation will then reimburse the City $136,865 pursuant to the attached Reimbursement Agreement. Approved 4-0 (Houchen, Hardy, Coerper absent) 1 4. Council/Agency Meeting Held: o lSL�`9bar7 Deferred/Continued to: 1�1,Approved ❑ Conditionally Approved ❑ Denied City I rk's ignat Council Meeting Date: August 2, 2004 Department I Number: PL04-14 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION o c SUBMITTED TO: HONORABLE MAYOR AND C TY COUNCIL-MEMBERS c r_ r r': SUBMITTED BY: PENELOPE CU RETH- RAFT, City Ad miniPrator 3 PREPARED BY: HOWARD ZELEFSKY, Director of Planning w SUBJECT: APPROVE TWO REIMBURSEMENT AGREEMENTS WITW POSEIDON RESOURCES CORPORATION AND A PROFESSIONAL SERVICES CONTRACT WITH RBF CONSULTING FOR THE PREPARATION OF RECIRCULATED ENVIRONMENTAL IMPACT REPORT NO. 00-02 FOR THE POSEIDON PROJECT Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for City Council's consideration is a request to enter into three agreements. The first agreement is a Professional Services Contract in the amount of $136,865 with RBF Consulting for the preparation of recirculated Environmental Impact Report (EIR) No. 00-02 for the Poseidon Seawater Desalination Plant. The other two are Reimbursement Agreements with Poseidon Resources Corporation for $136,865 to cover the full cost of the preparation of the recirculated EIR and another $75,000 to cover the cost of additional entitlement processing for the project. Funding Source: Appropriation of funds in the amount of $136,865 from the City's General Fund Unappropriated Fund Balances into the Planning Department's Contractual Services Account Number 10060201.69366. Poseidon Resources Corporation will then reimburse the City $136,865 pursuant to the attached Reimbursement Agreement. _ 3 0 REQUEST FOR ACTION • MEETING DATE: August 2, 2004 DEPARTMENT ID NUMBER: PL04-14 Recommended Action: Motion to: 1. "Approve and Authorize the Mayor and City Clerk to execute the Professional Services Contract with RBF Consulting in the amount of$136,865 for the preparation of recirculated Environmental Impact Report (EIR) No. 00-02 for the Poseidon Seawater Desalination Plant; and 2. Approve and authorize the Mayor and City Clerk to execute the Reimbursement Agreements with Poseidon Resources Corporation for the preparation of the recirculated EIR and entitlement processing; and 3. Authorize the Director of Administrative Services to appropriate $136,865 from the City's General Fund Balance to the Planning Department's Contractual Services Account number 10060201.69365; and 4. Authorize the Director of Planning to expend $136,865 for environmental consulting services related to Environmental Impact Report No. 00-02, pursuant to the Contract with RBF Consulting." Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny the Professional Services Contract with RBF Consulting and the Reimbursement Agreements with Poseidon Resources Corporation." 2. "Continue the item and direct staff accordingly." Background: Poseidon Resources Corporation submitted applications for the construction of a desalination plant on an 11-acre lease area at the AES generating station. In 2001 the City Council approved a Professional Services Contract with RBF Consulting for the preparation of an EIR for the proposed desalination plant. A Reimbursement Agreement with Poseidon Resources Corporation was also approved to pay for the cost of the contract with RBF Consulting. In December 2003 the City Council denied the certification of the EIR. As a result the City will be preparing a recirculated EIR. Because of necessary additional work beyond the scope of the original contract, another Professional Services Contract with RBF Consulting is proposed for City Council approval. Additionally, corresponding Reimbursement Agreements with Poseidon Resources Corporation for the preparation of a recirculated EIR as well as additional entitlement processing are necessary. The agreements will reimburse PL04-14 Poseidon cunt .2. 7/9/2004 9:48 AM • REQUEST FOR ACTION MEETING DATE: August 2, 2004 DEPARTMENT ID NUMBER: PL04-14 the City 100 percent of the cost of the additional planning services provided by RBF Consulting and city staff. Staff recommends City Council approval of the Professional Services Contract with RBF Consulting and two Reimbursement Agreements with Poseidon Resources Corporation as drafted, and authorize the Mayor and City Clerk to execute the documents. Council Policy Regarding Requests for an Appropriation of Funds: As adopted by the City Council in March 1998, all requests for a mid-year appropriation of the General Fund must meet one of the following criteria: 1) The request is for an unanticipated emergency, 2) The request is required to implement labor negotiations, or 3) The request will be offset by related new revenues. This request meets criterion #3 as it will be offset by new revenues generated pursuant to the Reimbursement Agreement between the City and Poseidon Resources Corporation. Environme ►Ltal Status: Projects over which public agencies exercise ministerial authority, such as these agreements, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. Attachment(s): City Clerk's P. . - NumberDescription 1 Contract between the City and RBF Consulting 2 Reimbursement Agreement between the City and Poseidon Resources Corporation for costs incurred with the preparation of a recirculated FIR 3 Reimbursement Agreement between the City and Poseidon Resources Corporation for costs incurred with entitlement processing 4 Fiscal Impact Statement RCA Author: R. Ramos/M. Broeren PL04-14 Poseidon cont -3- 7/14/2004 4:19 PM PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF-HUTNTINGTON BEACH AND fr_pf= C�CN&bLA r.-m h!Ef FOR Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Tenn; Time of Performance.....................................................................................2 4 Compensation ................................................................................................ 5 Extra Work...............................................................................................................1) 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 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 1 NPR` THIS AGREEMENT ("Agreement') is made and entered into this day of ST 20 Cd, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and CON svA L7-t-j N b , a C,*, c.I FO r-9-Nt,,= {,oF-VVP41=T1O?� qr hereinafter referred to as"CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to Ia�oiY}�J�rla�-- ]NiP�.Vt� T �E7R--R 'o ��vl�iSl�t-11 �+?and br' 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 )q,=YIW, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agredformslpro fsery 1011510]-A ] i • 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on f 1 o� ,unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than -TWd `f40642-4�'- 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 CND C"-C*= P Dollars ($ 13 Y r 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/formslrrofsen 10/1 SI01-A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agrcclforms!pmfscry 10!15.01-A 3 • i 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 (S1,000,000.00) 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. Agrec`farms/profscry I of 15;01-A 4 • 10. CERTIFICATE OF INSURANCE Prior to commencing perfonnance 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 funs/profscry 10/15;'01-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. COPYRIGHTSMATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agru forms/profsen•IW151DI-A 6 0 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 Y�Nj ATTN: +000'PZ' "f j1; Gq�ISutt-T'1N 61 Q� 2000 Main Street V4 P4—s'vnD;a" cq=' Huntington Beach, CA 92648l�th{ 35'3;/ Gp�Gc�� 51/t tT 22.0 d��•P-#�a� G'� of l't Lv 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. agreeJormsiprufsm 10.11501-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 Agrcclforms!profscrv10115101-A 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S 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, agreeAbrmslprofscrv10!1510]-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 profserv10'15.`01-A 10 i i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above ' written. CONSULTANT, CITY OF HUNTINGTON'BEACH, a C�hLSyl l�`T'I N� municipal corporation of the State of California a Cal��'vYn.ra. Corporat By: Mayor �'A rZ I pA rZ VA 6 print name iSR ATTEST: ITS: (circle one)Chairman.Tresiien ice President AND City Clerk 0 i/ By: APPROVED AS TO FORM: s tcr-oS a print name City�Jkttonmey JLq[6y ITS: (circle one) Secretary/ ief Financial Offic /Asst. 6 f Secretary—Treasurer INIT TED AND APPROVED: U(IWC of N r N61 REVIEWED AND APPROVED: 1City Aldministrat6r agree/fornis/profserv]Oil5iO 1-A 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT v State of California ss. County of � I: On 04 , before me, �SYtit��d5 ❑ate Name and Title of Officer(e-g-,'Jane Doe,Notary Public') personally appeared Name(s)of Signer(s) D. personally known to me ❑ proved to me on the basis of satisfactory evidence :r to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed ANITASHIEL.DS the same in his/her/their authorized Commission#1270348 NOWY PubllC-Califomla capacity(ies), and that by his/her/their T Orange county signature(s) on the instrument the person(s), or I My Comm.moires Jul 10,2004 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. l WQ Place Notary Sea:Aoove Signatu f Notary Public OPTIONAL Though the information below is not required by law, 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 Document Title or Type of Document: 340119 WVtU� C -)\h-ac4- Document Date: Number of Pages: 1I �tiS GG� a� .bid Signer(s) Other Than Named Above: I� Capacity(ies) Claimed by Signer Signer's Name: (Sanj PNrmt r" C Individual j Y"C �r p ,�P, }» p ( ) �S�i 0r y I C�T(eCA*44 l Too cf thu�.mb he•a or orate Officer—Titles : C Partner—rJ Limited C General Attorney in Fact C Trustee - Guardian or Conservator Cr Other: I Signer Is Representing: V15M t�i k 01999 Naiona NomrV Asset a%on•9350 ne Soto Ave P.O.BcM 2402•Chatswo^.h.CA 915i3-2472•wwx.ral.cnalnot"or; Prw.No.3577 Reorco�Cal Toll-Free 1-9011-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • No.5007 State of- _ California County of Orange On April 9, 2004 before me, Jayne L. Tubb, Notary Public DATE NAME.TITLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBLIC' personally appeared Douglas J. Frost , NAME(S)OF SIGNER(S) Xpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SAYE L TUBB signature(s) on the instrument the person(s), CorMr+lsoto )�p#1291 or the entity upon behalf of which the Ily�c-COOZft Orange County person(s) acted, executed the instrument. 4Ph*CGnMEVkWjan19.=1 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT t—i INDIVIDUAL I CORPORATE OFFICER Executive Vice President T TITLES) ❑ PARTNER(S) ❑i LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER: Aril 9 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE RBF Consulting 01993 NATIONAL NOTARY ASSOCIATION•8236 RBmmB1 Ave.,P.Q.Box 7184•Canoga Park.CA 91309.7184 Exhibit A Proposal for a Recirculated Environmental Impact Report POSEIDON SEAWATER DESALINATION PROJECT TABLE OF CONTENTS Page 1. Scope of Work .................................................................................................................1 1.0 Project Scoping....................................................................................................1 1.1 Research and Investigation..................................................................... 1 1.2 Agency Consultation................................................................................ 1 2.0 Preparation of Screencheck Recirculated Draft EIR............................................ 1 3.0 Recirculated Draft EIR.........................................................................................4 3.1 Completion of the Recirculated Draft EIR................................................ 4 4.0 Recirculated Final EIR.....................................................................................I....4 4.1 Response to Comments/Errata................................................................4 4.2 Recirculated Final EIR............................................................................. 4 4.3 Findings and Statement of Overriding Considerations............................. 5 4.4 Mitigation Monitoring and Reporting Program.......................................... 5 5.0 Technical Data Review........................................................................................5 6.0 Project Team Meetings........................................................................................6 7.0 Public Hearings....................................................................................................6 8.0 Project Management............................................................................................6 9.0 Reimbursables.....................................................................................................6 11. Budget.................................................................................................................Attached Ill. Schedule.............................................................................................................Attached IV. Revised Recirculated Draft EIR Table of Contents............................................ Attached i February 24, 2004 Proposal for a Recirculated Environmental Impact Report POSEIDON SEAWATER DESALINATION PROJECT !. SCOPE OF WORK The following Scope of Work has been prepared pursuant to discussions held with the City of Huntington Beach and Poseidon Resources Corporation regarding preparation of a Recirculated Draft EIR for the Poseidon Seawater Desalination Project. The cost estimate is provided in Section II, BUDGET. 1.0 PROJECT SCOPING 1.1 RESEARCH AND INVESTIGATION RBF Consulting will obtain additional data necessary for recirculation of the Draft EIR, in addition to review and incorporation of materials provided by the City staff. It is anticipated that additional research, investigation, and review will be necessary in regards to land use, construction-related impacts, growth inducement, cumulative impacts, alternatives, and project description-related revisions. 1.2 AGENCY CONSULTATION As indicated in Section 15086 of CEQA, RBF Consulting will arrange and coordinate consultation meetings with applicable responsible agencies, trustee agencies, and any other agencies having jurisdiction or authority over elements of the project (including affected water agencies). RBF will coordinate a total of three meetings (with marine/coastal agencies, affected water agencies, and other resource agencies at the City's discretion). It is anticipated that these meetings will be held prior to the public review period for the recirculated document. These consultation meetings will further assist in analysis and revision to the Draft EIR. However, if desired by the City, these meetings can be held during the public review period. RBF will prepare a "Notice of Recirculation/Scoping" and associated targeted distribution list based on direction/discussion with City staff. This scope assumes that City staff will handle any required newspaper notice or radius mailing. 2.0 PREPARATION OF SCREENCHECK RECIRCULATED DRAFT EIR Per discussions with the City and Applicant, RBF will prepare and coordinate production of the recirculated Draft EIR, with substantial amounts of technical data and input from the Applicant. Generally, this scope assumes that the Applicant will provide necessary technical data and graphics related to the project description, Applicant-prepared technical studies, and alternatives. The RBF team will review all materials provided by the Applicant to ensure CEQA-adequacy. A summary of primary tasks that RBF will perform as part of Screencheck Recirculated Draft EIR preparation is provided below (refer to attached proposed Recirculated Draft EIR Table of Contents for additional detail): ❖ Preface—add an introductory section to explain the recent Final EIR process, issues raised at the hearings, and reasons for the Recirculated Draft EIR. Revise Section 1.0, EXECUTIVE SUMMARY of the Draft EIR to reflect issues raised at recent City of Huntington Beach Planning Commission and City Council public hearings; e ruary , Proposal for a Recirculated Environmental Impact Report POSEIDON SEAWATER DESALINATION PROJECT ❖ Revise Section 2.0, INTRODUCTION AND PURPOSE, to reflect additional public hearing information, permit information, and incorporate additional reference documentation. ❖ RBF will revise Section 3.0, PROJECT DESCRIPTION, of the Draft EIR to reflect several formattingfreorganizational changes to accommodate restructuring of the EIR. RBF will also incorporate information provided by the City staff in regards to project characteristics and project need/objectives. ❖ RBF will create a completely new section (Section 4.0, EXISTING CONDITIONS/ENVIRONMENTAL SETTING) in the EIR to provide additional information regarding existing conditions and environmental setting for the proposed project site and associated off-site improvements. Existing information will be utilized to provide land use/zoning information for the proposed project site and associated off-site project components. RBF will incorporate into the section information provided by the City staff in regards to AES operations, existing local/regional ocean characteristics, and water delivery pipelines within Orange County. ❖ RBF will make minor modifications to Section 5.1, LAND USE/RELEVANT PLANNING and will incorporate information provided by the City staff in regards to the California Ocean Plan. ❖ RBF will make minor modifications to Section 5.2, GEOLOGY, SOILS, AND SEISMICITY in regards to on-and off-site conditions. Geological information for the Coastal Junction pump station excludes a site-specific preliminary geotechnical study, and will be based on existing available reference documents, such as soils maps and seismic hazards resources. ❖ Section-5.3, HYDROLOGY, DRAINAGE, AND STORM WATER RUNOFF will be revised to include additional information for on-and off-site conditions. Hydrology information for off-site project components excludes site-specific hydrology studies, and will be based on existing information and field reconnaissance. Minor modifications will be made by RBF to ensure that Section 5.4, AIR QUALITY, is consistent with the remainder of the revised document. Oe RBF will make minor modifications to Section 5.5, NOISE,in regards to mitigation for the adjacent wetlands area. ❖ Minor modifications will be made by RBF to ensure that Section 5.6, PUBLIC SERVICES AND UTILITIES, is consistent with the remainder of the revised document. RBF will also incorporate information provided by the City staff in regards to the project's electricity consumption. Any discussion of water use in this section will be limited to water needs of the plant. ❖ RBF will make minor modifications to Section 5.7,AESTHETICS/LIGHT & GLARE, in regards to mitigation for the adjacent wetlands area. ❖ Minor modifications will be made by RBF to ensure that Section 5.8, HAZARDS AND HAZARDOUS MATERIALS, is consistent with the remainder of the revised document. •:• RBF will modify Section 5.9, CONSTRUCTION RELATED IMPACTS, to include existing conditions information in regards to biological resources (for the adjacent wetlands area) and cultural resources (for the proposed desalination site). This biological/cultural resources information will be based on the existing Southeast Coastal Redevelopment Plan Program EIR, prepared by RBF Consulting, and any more recent information available. RBF will also incorporate construction information for the Coastal Junction pump station, as well as information in regards to mitigation for the adjacent wetlands area. -� 2 February 24, 206 Proposal for a Recirculated Environmental Impact Report POSEIDON SEAWATER DESALINATION PROJECT •:• RBF will create a completely new EIR section (Section 5.10, OCEAN WATER QUALITY AND MARINE LIFE IMPACTS) utilizing information provided by the City staff in addition to existing information formerly included in the existing Draft EIR (Section 4.3, HYDROLOGY AND WATER QUALITY). ❖ RBF will create a completely new EIR section (Section 5.11, PRODUCT WATER QUALITY AND SYSTEM INTEGRATION IMPACTS)utilizing information provided by the City staff in addition to existing information formerly included in the existing Draft EIR (Section 4.6, PUBLIC SERVICES AND UTILITIES). ❖ RBF will utilize and expand upon information provided by the City staff in regards to the growth-inducing impacts section within Section 6.0, LONG-TERM IMPLICATIONS OF THE PROPOSED PROJECT. In addition, based upon an updated cumulative projects list to be provided by the City staff, RBF will expand the cumulative impacts portion of this section to reflect updated impact categories from Section 5.0 of the Recirculated EIR. RBF will also provide a description of other proposed seawater desalination projects along the California coast, based upon data available from the California Coastal Commission, State Desalination Task Force, City staff, and/or other sources. •:• Section 7.0, ALTERNATIVES TO THE PROPOSED ACTION,will be revised by RBF based on information provided by City staff in regards to a new "water supply alternative" in addition to up to two different"alternative sites". RBF will also modify the water storage tank discussion and will incorporate information provided by the City staff in regards to a "beach well alternative". •:• Minor modifications will be made by RBF to ensure that Section 8.0, EFFECTS FOUND NOT TO BE SIGNIFICANT, is consistent with the remainder of the revised document. •:• Minor modifications will be made by RBF to ensure that Section 9.0, ORGANIZATIONS AND PERSONS CONSULTED, is consistent with the remainder of the revised document. •:• Minor modifications will be made by RBF to ensure that Section 10.0, BIBLIOGRAPHY, is consistent with the remainder of the revised document. •:• Any technical study updates will be included in Section 11.0, APPENDICES. •:• RBF Consulting will revise existing Draft EIR graphics as necessary to ensure consistency with the remainder of the revised document. In addition, RBF will create a maximum of five (5) new graphics as required by the Recirculated Draft EIR. All exhibits will be black and white and 8.5 x 11" in size, unless otherwise approved by the City. A proposed revised Table of Contents for the Recirculated Draft EIR has been attached. Please refer to this Table of Contents for additional information and clarification on a section-by-section basis. Deliverables: ❖ Twelve (12) copies of . the Screencheck Recirculated Draft Environmental Impact Report, Exhibits and Technical Appendices ❖ One (1) Screencheck copy of the Notice of Recirculation February 24, 200 1 i • Proposal for a Recirculated Environmental Impact Report POSEIDON SEAWATER DESALINATION PROJECT 3.0 RECIRCULATED DRAFT EIR 3.1 COMPLETION OF THE RECIRCULATED DRAFT EIR RBF Consulting will respond to City comments on the Screencheck Recirculated Draft EIR. RBF will submit a Preliminary Draft EIR for City review/approval,and will prepare the EIR for the required 45-day public review period. In addition, RBF Consulting will prepare the Notice of Completion (NOC)for submittal to the Office of Planning and Research (OPR). RBF Consulting assumes that newspaper posting and radius mailing will be provided by the City. This Scope of Work assumes that no new substantive issues are raised by the City following initial comments on the Screencheck Recirculated Draft EIR. Deliverables: ❖ Fifty (50) bound copies of the Recirculated Draft EIR ❖ Fifty (50) copies of the Technical Appendices ❖ Fifty (50) copies of the Notice of Recirculation ❖ One (1) unbound camera-ready original of the Recirculated Draft EIR, Exhibits and Technical Appendices -e One (1) copy of the Notice of Recirculation, Recirculated Draft EIR and Appendices in PDF format on CD 4.0 RECIRCULATED FINAL EIR 4.1 RESPONSE TO COMMENTS/ERRATA RBF Consulting will respond to all comments received on the Recirculated Draft EIR during the 45-day public review period, including comments raised at public meetings, if directed by the City. RBF Consulting will prepare thorough, reasoned and sensitive responses to relevant environmental issues. In addition,the Draft EIR will be revised in accordance with the responses to public comments on the EIR within the Errata section. The Draft Responses to Comments and Errata will be prepared for review by City staff. This task is limited to a total of 150 hours. Following review of the Draft Responses to Comments, RBF Consulting will finalize this section and prepare the Responses to Comments/Errata packet (which becomes the Recirculated Final EIR when combined with the Recirculated Draft EIR volume). RBF Consulting will distribute copies of the Response to Comments/Errata to any public agency commenting of the Draft EIR per the requirements of CEQA. Dellverables: ❖ Ten (10) screencheck copies of the Draft Responses to Comments/Errata ❖ One (1) Screencheck copy of Notice of Determination 4.2 RECIRCULATED FINAL EIR The Final EIR will consist of the Draft EIR text and the Responses to Comments/Errata section. RBF Consulting will also prepare and file the Notice of Determination within five (5) days of EIR certification. February , 2004 Proposal for a Recirculated Environmental Impact Report POSEIDON SEAWATER DESALINATION PROJECT Dellverables: ❖ Forty (40) copies of the Responses to Comments/Errata ❖ One (1) unbound camera-ready original of the Responses to Comments/Errata and Exhibits •:• One (1)electronic copy of the Responses to Comments/Errata in PDF format on CD •:• Notice of Determination Filing ❖ Two (2) Screencheck copies of the Certification Documents and one (1) reproducible final copy in PDF format on CD 4.3 FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RBF Consulting will provide administrative assistance to facilitate the CEQA process including the preparation of the Notice of Determination, and a revision/update to the Statement of Overriding Considerations and Findings for City use in the Project review process. RBF Consulting will prepare the Findings in accordance with the provisions of Section 15091 and 15093 of the State CEQA Guidelines and in a form specified by the City. RBF Consulting will submit the revised Findings for City review and will respond to one set of City comments. Deliverables: ❖ Two (2) screencheck copies of the revised Findings and Statement of Overriding Considerations ❖ One (1). camera-ready Final Findings and Statement of Overriding Considerations 4.4 MITIGATION MONITORING AND REPORTING PROGRAM RBF Consulting will revise the Mitigation Monitoring and Reporting Program based on any new/revised mitigation measures. RBF will submit the revised Mitigation Monitoring and Reporting Program to the City for review at the Screencheck Final EIR milestone submittal. RBF Consulting will respond to one set of City comments on the Draft Mitigation Monitoring and Reporting Program. Dellverables: d• Four (4) copies of the screecheck Mitigation Monitoring Program ❖ One (1) camera-ready Final Mitigation Monitoring Program 5.0 TECMNICAL DATA REVIEW MBC Applied Environmental Sciences will perform a third-party review of new/updated data provided by the City staff pertaining to coastal/marine biological impacts, particularly in regards to entrainment/impingement issues. This scope excludes peer review of hydrodynamic modeling/plans prepared by Dr. Scott Jenkins or Carollo Engineers. February 24, 2004 • Proposal for a Recirculated Environmental Impact Report POSEIDON SEAWATER DESALINATION PROJECT 6.0 PROJECT TEAM MEETINGS RBF Consulting anticipates several meetings with City staff, including coordination meetings, progress meetings, and potential public meetings. Mr. Thomas will also be available to attend meetings with affected jurisdictions, agencies and organizations as needed to identify issues, assess impacts and define mitigation. Should the City determine that additional meetings beyond the following three(3)meetings are necessary, services will be provided under a separate scope of work on a time and materials basis. ❖ Three (3) meetings with City staff/Applicant 7.0 PUBLIC HEARINGS RBF Consulting anticipates that several study sessions/public hearings will be necessary as part of the Recirculated EIR process. As such,one representative from RBF Consulting and one representative from MBC Applied Environmental Sciences will attend a total of: ❖ One (1) City Council Study Session (RBF only) ❖ Two (2) City Council Public Hearings (RBFIMBC) 8.0 PROJECT MANAGEMENT Mr. Kevin Thomas, CEP, will be responsible for management and supervision of the EIR Project Team as well as consultation with City staff to incorporate City policies into the EIR. Mr. Thomas will undertake consultation and coordination of the project and review the EIR for compliance with CEQA requirements and guidelines and City CEQA procedures. Mr. Thomas, with the assistance of RBF Consulting staff personnel, will consult with state and focal agencies regarding this environmental document. As the Project Manager, Mr. Thomas will coordinate with all technical staff, consultants, support staff and word processing toward the timely completion of the EIR. Mr. Thomas will attend all staff meetings and will represent the Project Team at public hearings and make presentations as necessary. 9.0 REIMBURSABLES Reimbursables will be billed in addition to the proposed costs on a direct basis, plus five percent. February , 2004 II. BUDGET POSEIDON SEAWATER DESALINATION PROJECT RECIRCULATED ENVIRONMENTAL IMPACT REPORT Personnel K.T. AA, EA. G.A. W.P. Total Sub Repro : TOTAL TASK Billing Rate 166 107 78 78 50 Hours P COST 1 PROJECT SCOPING 20 32 52 $6,744 2 SCREENCHECK RECIRCULATED DRAFT EIR 30 150 40 16 16 252 $1,440 $27,638 3 RECIRCULATED DRAFT EIR 30 80 32 10 16 168 $5,960 $23,576 4 RECIRCULATED FINAL EIR 4.1 RESPONSES TO COMMENTSIERRATA 40 60 30 8 8 146 $500 $16,924 4.2 RECIRCULATED FINAL EIR 10 24 8 8 50 $2,150 $7,402 4.3 FINDINGS/STATEMENT OF OVERRIDING CONSID. 8 16 2 26 $3,140 4.4 MITIGATION MONITORING&REPORTING PROGRAM 4 8 8 2 22 $2,244 5 TECHNICAL DATA REVIEW(MBC) 4 8 12 $4,000 $5.520 6 PROJECT TEAM MEETINGS 20 10 30 $4,390 7 PUBLIC HEARINGS RBFlMBC 24 16 1 40 $2,000 $7,696 8 PROJECT MANAGEMENT 40 20 60 $8,780 TOTAL HOURS 230 : 424 118 34 52 858 `Percent of Total Labor Hours 27% 49% 14% 4% 6% 100% TOTAL LABOR COSTS $38,180 $45,368 $9,204 $7,652 $2,600 $6,000 $10,050 $114,054 CONTINGENCY 20% $22,811 TOTAL PROJECT BUDGET $136,865 K.T.=Kevin Thomas A.A.=Alan Ashimine E.A.=Environmental Analyst G.A.=Graphic Artist W.P.=Word Processor POSEIDON RESOURCES CORPORATION DESAUNATION PLANT ENVIRONMENTAL IMPACT REPORT -ASK flngRafe 145 145 170 145 145 122 90 75 ion 55 54 Hours Dilsd COST O 0 '_0 Pf00JECTSCOPIHG 1.1 Research and Itivestigation 8 8 20 3a $2mo N Dewera0tes(nest copies,amvai fee;cat=.0 f 5600 SSW a 1.2 Apemry Canallaoa0 8 t0 78 1i2,06o o .3 Fidd Reoonnaissanoe 4 4 { t 231.160 d 1.4 Preparation d ini"Sudy 81 t 1 1 11 to 1 10 40 78 85,932 . Defiverdbles(1'8AcfoP 60 topics hots' I I 1 51.000 $1,00e 1.5 NoticecfPiVaraton 2 1 2 5 9 11746 oe SU TALTASK JISC HECK OR 2.1 Intraducmon and Purpose 1 2 4 7 1i546 2.2 E*wove Summary 1 4 t4 IS $1.055 25 Projecl Desaiption a 16 10 12 60 10 24 180 j1 L4 Env%vonmentS An*sn A. Land Useh kiiianl Planing 4 4 16 4 20 48 $3.920 8. Geology and Sails 2 8 4 15 29 $4,000 18,1t0.S C. Hydrdlogy8WalcrQualdy 2 8 10 10 20 4 20 104 58,500 $17,970 Arauahly 4 8 30 25 85 S14,745 Mass • 8 10 25 66 84,r4s UraSri.a 4 S?+i,-a cy9bm• 01 15 41 2d 36 1 $4.845 5 Hazards t1 Hatantous l{atedab 4 4 2.41 t0 42 M290 H.Aesthetics 2 8 1 • 15 29 St,B16 I.Cosssbumon Related Impacts 5 201 e 4- 30 87 $4766 2.5 Growth Inducement 2 3 615 28 c.7 2.6 CunwlaDiva lmpeW 2 8 12 22 31 J570 a V Cumulsd6*Projects bobs Comidened 2 6 12 27 31,870 a >_6 atemattves Gotha ProposadArdan 4 • 1 10 40 621SW,9.0 L9 Addiftnal Sedans 2 1 4 1 10 101 81,200 DetiveraNes(f5 copi"Saeenc14c*8 Append- 8/.SOD 81,500 m - SMUTAL TAM 2 0 DRAFT EfR 0 1.1 RevisedSaeendledcElR 40 40 10 4 60 is4 s300 SK420 DaUve aatas(12'dackcioW,M Aiding cnro*4 sm Soo 0 Draft EIR 20 20 4 40 84 $6.500 Detiyetabdes(W 00003t",lrclirrlfr7g madV SD4,200 14,200 SUBTOTAL TA3[3 0 t3Q 0 0 28 0 W 0 14 4 V210 238 545W 624M 0 FINAL ELRfRESpown To 5ii0ow :A Responses to Carm�rerts 40 30 10 100 SD10,600De6verAW"(f0 Scmaxbedc-pies) SSCA wo Mnal EIR 2 4 10 24 $2210 DaqveaLJes(so cv*4 total.Nxl x"ti ic)n 33,500 $3.500 FmQulgsfOv�erriding Considerations 10 6 26d NOugatian Moniorirlg Pro®ram 2 2 12, 1p10 r� DIShWaNe3(S Cgoles bW,,M—bV--916 3500 SSW ti SUBTOTAL 4 R ECT MEEIINGS(t staff,2put dic scopine 60 40 to 10 120 313.400 o srming Commission(3meetlngs) 30 20 10 60 $6.700 Iy7C0uncil(2mee1mgs) 201 20 10 50 b6.290 N SUBTOTALTASKli 110 0 0 0 01 00 0 0 10 30 230 iZ3S360 i CONTiNGENCYB000ET 534,115 fTAL i10i1Fts 10 317 NJ 19 41. 21_ .30' 1J9 50 69i2 16Z0 .3a108 89Z. o eseM01 d�rllaearlt�arrsl t% a96 -FA 3% - ._R6'` Z2% S11 tl% .. 2d96 41613Nr16 t 1TAL. . ._.- -- .. - - - - N O Gunn Latjaw L1.R.=Mica Rudinica LWi Kevin Thomas GA. Graphic Artist DIRECTCOSTS FOR DELIVERABLES: i.=ltlm Ruddins LG.=Lary Gallery Based an a b%W of f47 EIR ooples at an assumed Dart of 3851cdpy_ =Bruce Grove B.M.= Bob Matra Additoonal copiasor odor eidiibits flay require an ieaP87ed budget. Bruce Phillips Cagier,f"xje and rmisG capie s limiled m it.76Q 1RCE=Registered Civil Engineer I _ III. SCHEDULE Poseidon Seawater Desalination Project Recirculated Environmental Impact Report rter 2nd Quarter 3rd Quarter 4th Qu Task Task Name Start Finish Duration Feb Mar Apr May Jun Jul Aug Sep Oct 1 Notice to Proceed Mon 2/16/04 Mon 2/16/04 1 day I 2 Research and Investigation/Agency Consultation Tue 2117/04 Mon 3/8/04 3 wks t 3 Recirculated EIR Tue 319104 Mon 8/23104 120 days i 4 Receiptof all Applicant Data Tue 3/9/04 Tue 3/9104 1 day 319 5 Preparation of Screencheck Recirculated Draft EIR' Tue 3/9/04 Mon 4/5/04 1 m n © I ! 6 City Review of Screencheck Recirculated Draft EIR Tue 4/6/04 Mon 4/26/04 3 wks i F 1 7 RBF Prepares Second Screencheck Recirculated Daft EIR Tue 4/27104 Mon 6/10/04 2 wks 8 City Review of"Check Copy"Recirculated Draft EIR Tue 5/11/04 Mon 5/17/04 1 wk I 9 Recirculated Draft EIR Preparation by RBF Tue 5/18/04 Thu 5120/04 3 days lI 10 Publication and Distribution of Recirculated Draft EIR Fri 5/21/04 Tue 5/25/04 3 days i F 11 45-Day Public Review Period Tue 5/25/04 Fri 7/9/04 45 edays 12 Preparation of Response to Comments by RBF Wed 6/30/04 Wed 7/28/04 4 wks 13 City Review of Responses to Comments Wed 7/28/04 Mon 8/2/04 3 days j 14 Preparation/Publication of Responses to Comments Mon 8/2/04 Thu 815/04 3 days 15 City Council Public Hearing Mon 8/23104 Mon 8/23/04 1 day I i 8/23 i la Task ti .. ? Rolled Up Task =:'' - Project Summary Split _ Rolled Up Split External Milestone l Progress Rolled Up Milestone © Deadline Milestone Rolled Up Progress Summary External Tasks Schedule based on timely submittal of adequate data from applicant. RBF will expedite the schedule to the extent practical. IV. RECIRCULATED DRAFT EIR TABLE OF CONTENTS 1 � • PROPOSED TABLE OF CONTENTS FOR DRAFT EIR TO BE RECIRCULATED Note that all sections will need to be updated and revised. Comments in red indicate specific revisions that will be needed in existing sections. Red type is also used to indicate new sections to be added. . PP-1<VAC- 1.0 EXECUTIVE SUWT MARY 1.1 Project Summary Proposed Project Existing ConditionslEnyironmental Setting Order of these two subsections was intentionally reversed 1.2 Environmental Impact Summary 1.3 Summary of Project Alternatives 1.4 Areas of Controversy and Issues to be Resolved Describe the main issues raised at Planning Commission_and City Council: Growth Inducement Economic and Regulatory Life of Power Plant Ocean Water Quality Ocean Habitat/ Marine Life Entrainment and Impingement Beach Health Issues Private vs. Public Water Supply International Treaties 2.0 INTRODUCTION AND PURPOSE 2.1 Purpose of EIR 2.2 Compliance with CEQA 2.3 Scope of EIR 2.4 Public Scoping Process Revise to include Planning Commission and Citv Council Process 2.5 EIR Organization 2.6 Use of the EIR Add an expanded discussion of the Local and State ermit process 2.7 Incorporation By Reference Add CEC's Komex Studv. MWD's IRP. current Ocean Plan and the State Water Plan 2.8 Technical References Add Jenkin's Part IV Receiving Water Rel2ort. Tenera's Report on AES and LSA`s Report on Growth— Renumber and reorganize appendix documents 3.0 PROJECT DESCRIPTION 3.1 Project Location Desalination Plant Pipelines Pump Stations 3.2 Environmental Setting Discussion moves to 4.0 3.3 Background and History Discussion moves to 4.0 3.4 Project Characteristics On-Site Improvements Proposed Buildings and Structures Power Plant Interaction Site Lease Facility Use Intake Outfall Proposed Desalination Plant Flow Process Intake System Quantity Intake Pumps Characterization Pretreatment System Marine Life Retrieval System Reverse Osmosis Process Post Treatment Process Water Treatment Chemical Process Outfall Process RO Membrane Maintenance Process Chemical Storage Chemical Cleaning Process Discharge of RO Maintenance Process Water Energy Consumption Aboveground Product Water Storage Tank Option This subsection can be eliminated because the project will include this option. Other storage tank o2tions will be discussed in the Alternatives Section Off-Site Improvements Water Transmission Pipeline Underground Booster Pump Stations OC-44 Discuss response to Fish R Game Coastal Junction Proposed Desalination Facility Operations (this is a new heading for three existing subsections) Parking Site Access Staffing Proposed Product-Water Delivery Svstern (the existing Water Delivery section is expanded to include subsections) • i Product Water Storage (aboveground_tank) Product Water QualiLN Water Treatment Chemical Addition Where the water molecules actually go IS Project Need and Objectives Need for the Project Regional Water Su lv (Southern California Local Water Supply (Orange County and Huntington Beach Desalination Projects Located Throughout the World Project Objectives 3.6 Project Phasing 3.7 Agreements, Permits and Approvals Required Add OPA with HB 4.0 EXISTNG CONDITIONS /ENVIRONMENTAL SETTING 4.1 Pt•aiect Site Land Use, Zoning Adjacent Land Uses Adjacent Wetlands Power Plant Operations Background and History Regulatory Framework - CEC Power Plant Facility Description Energy Producing Capacity & Energy Contracts Power Plant Operations Regulatory Framework - NPDES Current Permits_—Updates Required Historical Operations Maintenance Operations (Heat_Treatment Process and Duration Power Plant Regional Air Quality Plan Conformance Power Plant Entrainment & Impingement Rea!ulatory Framework-- NPDES, 3 l6b Coastal Commission Co-location Policv 4.2 Pipeline Route Land Use. Zoning Adjacent Land Uses 4.3 Underground Pump Stations Land Use. Zoning Adjacent Land -Uses 4.4 Ocean Southern California Bight Water Oualitv Characteristics Marine Life Benthic Pelagic Existing Ocean Plan/Other Regulations Huntington Beach Local Ocean Waters Water Oualitv Characteristics Marine Life Benthic Pelagic Local Coastal Plan/Other Regulations Existing Facilities and Environment OCSD Outfall Santa Ana River Talbert Marsh AES Intake and Outfall LA/Lona Beach Harbor Cruise Ships /Fishing Boats Storm Water Runoff Y Beach Health Studies Huntington Beach Shoreline Sanitary Survev Komex Stcidy Stanlev Grant Work Effort Other Studies 4.5 Existing Water Delivery System in Orange Count` 5.0 ENVIRONMENTAL ANALYSIS - OVERVIEW OF EIR METHODOLOGY AND SIGNIFtCATiCE DETERMINATION S.l Land Use/Relevant Planning Existing Conditions On-Site Land Uses Adjacent Land Uses Off-Site Pipeline Alignment and Underground Pump Stations Relevant Planning Zoning and Subdivision Ordinance City of HB General Plan Local Coastal Program (Coastal Element) Land Use Element Urban Design Element Economic Development Element Environmental Resources/Conservation Element Air Quality Element Environmental Hazards Element Noise Element Hazardous Materials Element California Coastal Act Ocean Plan - hnpacts Significance Criteria Land ' se Relevant Planning Mitigation Measures Land Use Relevant Planning Unavoidable Significant Impacts 5.2 Geology, Soils, and Seismicity Existing On-Site Conditions Site Topography Surrounding Topography Site Geology Surficial Geology Seismicity/Faulting Liquefaction/Susidence Potential Lateral Spread Landslides Tsunamis and/or Seiche Waves Groundwater/Percolation and Drainage Existing Off-Site Conditions Pipelines Underground Booster Pump Stations OC-44 Coastal Junction Impacts Significance Criteria On-Site Conditions Wind/Water Erosion Topography Geology/Soils Seismicity/Faulting Liquefaction Potential Off-Site Conditions Pipelines Underground Booster Pump Stations OC-44 Coastal Junction Mitigation Measures On-Site Conditions Wind/Water Erosion Topography Geology/Soils Seismicity/Faulting Liquefaction Potential Off-Site Conditions Pipelines s s Underground Booster Pump Stations Unavoidable Significant Impacts 5.3 Hydrology, Drainage and Storm Water Runoff (All discussion„of Ocean water quality impacts is moved to added sections) On-Site Conditions Drainage Storm Water Runoff Product Water Spillane Off-Site Conditions Pipelines Underground Booster Pump Stations Impacts Significance Criteria On-Site Conditions Fertilizer and Pesticides Flooding Storm Water Drainage Waste Filter Backwash Clarifiers Sedimentation Separate Clarifiers Water Quality Impacts to Nearby Wetlands from On-Site Product or By Product Water Spillage Off-Site Conditions Pipelines Underground Booster Pump Stations Mitigation Measures On-Site Conditions Off-Site Conditions Unavoidable Significant Impacts 5.4 Air Quality Existing Conditions South Coast Air Basin Ambient Air Quality Standards Ambient Air Quality Ozone Carbon Monoxide Nitrogen Oxides Fine Particle Matter Sulfur Dioxide and Lead Regulatory Framework Federal Clean Air Act of 1970 and 1990 Amendments The 1988 California Clean Air Act (CCAA) 1997 Air Quality Management Plan Sensitive Receptors Toxic Air Contaminants (TAC) Impacts Significance Criteria Long Term Emissions On-Site Area Source Emissions Off-Site Mobile Emmissions Combined On-Site and Off-Site Emissions Off-Site Energy-Related Emissions Consistency with Regional Plans Sensitive Receptors Mitigation Measures Long-Term Emissions Consistency with Regional Plans Sensitive Receptors Unavoidable Significant Impacts 5.5 Noise Existing Conditions Noise Environment Noise Scales and Definitions Noise Sensitive Receptors Existing Noise Levels Noise Standards Impacts Significance Criteria Long-Term Stationary Sources Mobile Sources Mitigation Measures Stationary Noise Sources Add Wetlands Mitigation Mobile Sources Unavoidable Significant Impacts 5.6 Public Services and Utilities Existing Conditions Fire Service Police Service Schools Libraries Roadway Maintenance Parks and.Recreation Wastewater Storm Water Drainage Water (this discussion will be limited to water needs of the plant) Reclaimed Water Solid Waste Electricity Gas Telephone and Cable Service Impacts Significance Criteria Fire Service Police Service Schools Libraries Roadway Maintenance Parks and Recreation Wastewater Storm Water Drainage Water (this discussion will be limited to water needs of the plant) Reclaimed Water Solid Waste Electricity Gas Telephone and Cable Service Mitigation Measures Fire Service. Police Service Schools Libraries Roadway Maintenance Parks and Recreation Wastewater Storm Water Drainage Water (this discussion will be limited to water needs of the plant) Reclaimed Water Solid Waste Electricity Gas Telephone and Cable Service Unavoidable Significant Impacts 5.7 Aesthetics/Light & Glare Existing Conditions Aesthetics On-Site Off-Site Light & Glare On-Site Off-Site Impacts Significance Criteria Aesthetics • • Light & Glare Mitigation Measure Aesthetics Light & Glare Add Wetlands Conditions Unavoidable Significant Impacts 5.8 Hazards & Hazardous Materials Existing Conditions On-S ite Off-Site Impacts Significance Criteria Long-Term Operational Impacts Existing On-Site and Off-Site Contamination On-Site Project Operations RO Membrane Cleaning Solutions Product Water Treatment Materials Off-Site Project Operations Diesel Fuel Storage Tank Mitigation Measures Unavoidable Significant Impacts 5.9 Construction Related Impacts Existing Conditions On-Site Land Uses Adjacent Land Uses Wetlands - Biological Resources Vegetation Wildlife Special Status Habitat Special Status Plant and Wildlife Species Cultural Resources Historical/Archaeological Resources Paleontological Resources Description of On-Site Desalination Plant Facility Demolition. Remediation, and Construction Tank/Berm Demolition Site Remediation Desalination Plant Construction Product Water Tank Excavation/Construction Description of Pipeline Construction Primary Alignment Alternative Alignment Description of Off-Site L;•nderground Booster Pump Stations OC-44 Underground Booster Pump Station Biological Resources Vegetation Wildlife Special Status Habitat Special Status Plant and Wildlife Species Cultural Resources His Resources Paleontological Resources Coastal Junction Underground Booster Pump Station Project Construction Phasing Impacts Hydrology and Water Quality Air Quality Fugitive Dust Emissions Demoliton, Remediation, and Equipment Emissions Noise Public Services and Utilities Aesthetics/Light & Glare Hazards and Hazardous Materials Traffic Biological Resources Cultural Resources Mitigation Measures Hydrology and Water Quality Air Quality Noise Public Services and Utilities Aesthetics/Light & Glare Hazards and Hazardous Materials Traffic Biological Resources Cultural Resources Add Wetlands Protection to the above Mitigation Measures Unavoidable Significant Impacts 5.10 Ocean Water Quality and Marine Life Impacts Existin¢ Conditions Existing and Potential Beneficial Uses Ocean Water Quality Objectives — Ocean Plan Thermal Plan Bacterial Characteristics Physical Characteristics Chemical Characteristics Biological Characteristics Radioactivitv Metals Ocean Water Ouality Huntington Beach Off-Shore Area OCSD Regulatary Framework NPDES SAR Talbert Marsh AES Outfall Beach Health Industrial Cooling Water Characterization Water Oualitv Monitoring CEC Komex S[tldv Southern California Bight Marine Life Off-Shore Marine Life Existing Entrainment and Impingement Impacts Significance Criteria for Ocean Water Quality Impact Impacts from Discharge —Modeling Worst Case Average Case Outfall Discharge Dispersion Brine Discharge RO Membrane Cleaning Solution Discharge Marine Water Ouality Objectives— Ocean Plan Thermal Plan Bacterial Characteristics Phvsical Characteristics Chemical Characteristics Biological Characteristics Radioactivity Metals Significance Criteria for Marine Life Impacts Marine Life Impacts Entrainment and Im_pinQgeent Impacts to Nearby Wetlands from Brine_Discharge Mitigation Measures Ocean Water Quality Impacts Marine Life Impacts Unavoidable Significant Impacts 5.11 Product Water Quality and System Integration Impacts Existing Conditions Distribution System Water Ouality Water Quality (Groundwater- OCWD) Water Quality (Imported Water-M`VD) Recycled Water ~ Regulatory Framework (DHS) Imo acts Significance Criteria Distribution S ystem Product Water Quality Integration with Groundwater Integration with Imported Water Recvcled Water Reguiatory Framework (DHS i Mitigation :Measures Distribution System Impacts Water Quality Impacts Unavoidable Significant Impacts 6.0 LONG-TER-M Il'MPLICATIONS OF THE PROPOSED PROJECT 6.1 Significant Irreversible Environmental Changes that would be involved in the Proposed Project would be Involved in the Proposed Action should it be Implemented 6.2 Growth-Inducing Impacts of the Proposed Action Existing Conditions and Projections Southern California Region Water Supply Housing Employment Job/Housing balance Orange County _Water Supply Housing Employment Job/Housing balance South Orange County Water Supply Housing Employment Job/Housing balance Huntington Beach Water Supolv Housing Emplovment Job/Housing balance Impacts Significance Criteria T The Relationship Between Water Supply and Growth (Expand with LSA resort & other information) Southern California Region Orange County South Orange County Huntington Beach Mitigation Measures 6.3 Cumulative Impacts Geographic Scope of Cumulative Impact Assessment (This will be different for different impact discussions) Cumulative Impact Methodology Cumulative Projects (Local Projects) Description of Other Proposed Desalination Projects Cumulative Impact Analysis Land Use/Relevant Planning Geology and Soils Hydrology, Drainage and Storm Water Runoff Air Quality (Energy Use Noise Public Services and Utilities Aesthetics/Light &Glare Hazards and Hazardous Materials Construction Related Impacts Ocean Water Quality and Marine Life Impacts Product eater Quality and Svstem Integration Impacts 7.0 ALTER-NATIVES TO THE PROPOSED ACTION No ProjectlNo Development Alternative Water Supply Alternative Increased Imported Water Supper Increased Groundwater Pumping Supple Increased Water Conservation Increased Water Recycling Alternative Site Alternative (Could include two different sites) Land Use/Relevant Planning Geology and Soils Hydrology, Drainage and Storm Water Runoff Air Quality Noise Public Services and Utilities Aesthetics/Light & Glare Hazards and Hazardous Materials Construction Related Impacts Ocean Water Quality and Marine Life Impacts Product Water Quality and System Integration Impacts Water Storage Tank Alternative Underground and/or two tanks Alternative Project Design Alternative (Add Beach Wells) Alternative Protect Discharge Location Alternative (OCSD Outfall) Alternative Use of Product Water (Groundwater.Barrier) Environmentally Superior Alternative 8.0 EFFECTS FOUND NOT TO BE SIGNIFICANT Land Use/Relevant Planning Population and Housing Geology and Soils Hydrology and Water Quality Air Quality Transport ation/Traffic Biological Resources Mineral Resources Hazards and Hazardous Materials Noise Public Services Utilities and Service Systems Aesthetics/Light & Glare Cultural Resources Recreation Agricultural Resources 9.0 ORGANIZATIONS AND PERSONS CONSULTED 10.0 BIBLIOGRAPHY 11.0 APPENDICES Exhibit B EXHIBIT "B" Payment Schedule (Alternative #1) I. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance vvith the following progress and payment schedules. 3. 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. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: I) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) 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 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall 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. 5. 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. jmpkonncts grouplexB-1 1313 010 4 I EXHIBIT B Alternative#1 { Client#: FCONSUL ACORa. CERTIFICATE OF LIABILITY INSURANCE 00512812004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates t^� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 10550 l �cT�'+.Y /,.,,�'10 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana,CA 92711-0550 ���� '" J�[J `v ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I"0` INSURERS AFFORDING COVERAGE 71a az7-sslo � INSURED Y� A�/ INSURER A: Travelers Property Cas Co of Ameri RBF Consulting C� kK // INSURER B: Hartford Fire Ins.Co. PO Box 57057 INSURER c: Fireman's Fund Insurance Co. Irvine,CA 92619.7057 TO US I:. INSURERD Underwriters at Lloyd's London I en r INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY E ECTIVE POLICY EXPIRATION LIMITS LTPTYPE OF INSURANCE POLICY NUMBER DATEA GENERAL LIABILITY P630SOOD409203 11/30/03 .11130/04 EACH OCCURRENCE .$1,000,000 •X COMMERCIAL GENERAL LIABILITY ;FIRE DAMAGE(Any one llrel IS1,000,000 j I CLAIMS MADE I X1 OCCUR�INDP.CONTRACTORS f MED EXP(Any Y one person) 1$5,000 �X(CONTRACTUAL 'INCLUDED. PERSONAL&ADV INJURY !$1,000,000 X ,BFPD,XCU _ _ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG s2,000,000 POLICY X JE CT C X LOC B AUTOMOBILE LIABILITY 57UENTLO126 11/30/03 11/30104 COMBINED SINGLE LIMIT X ANY AJTO I (Ee accident) $1,000,000 ALL OWNED AUTOS -BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS 'BODILY INJURY I s fX NON-OWNEDAUTOS I (Perecadent) I I PROPERTY DAMAGE s (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E I ANY AUTO I OTHER THAN EA ACC $ AUTO ONLY: AGG S C I EXCESS LIABILITY_ XSM00097333165 11130/03 11130/04 EACH OCCURRENCE s10,000,000 X OCCUR i CLAIMS MADE I AGGREGATE IS10,000,000 PROFESSIONAL s DEDUCTIBLE LIABILITY IS s RETENTION $ EXCLUDED. s WORKERS COMPENSATION AND I WCSTATL'- IIOTH-' EMPLOYERS'LIABILITY ITORY IM1TS_—�_1_ER E.L.EACH ACCIDENT S E.L-DISEASE-EA EMPLOYEEi 5 E.L.DISEASE-POLICY LIMIT I S D OTHER Professional P1039400 :11130/03 11/30/04 $1,000,000 Per Claim Liability $2,000,000 Annl Aggr. I � I DESCRIPTION OF OPERATEONSILOCATIONBIVEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. This certificate rescinds and replaces the certificate issued on 311104 Re: All Operations as performed by Named Insured. (See Attached Descriptions) CERTIFICATE HOLDER I ADDITIONALINSUR£D-INSURERLETTER: CANCELLATION Tan Day Notica for Non-Payment of Premium SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL XkJMAIX*M MAIL 30_DAYSWRITTEN Attn: Mr. Bankey,Planning Dept. NOTWETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BK0M=jjXMjXMDL(x 2000 Main Street immc xM>: xnac x Huntington Beach,CA 92646 AUTHORIZED REPRESENTATIVE ACORD 25-S(7197)1 of 2 #M 16yeo AS To t;aw LL D ACORD CORPORATION 1988 'i NN �,R;vIcGRA H City Attomey DESCRIPTIONS.(Continued from Page 1) City of Huntington Beach,its agents,officers,and employees are Additional Insured as respects to General Liability.Primary and Non Contributing coverage applies to GL. Reduced Deductible$100,000 (AIIPR/Reduced Ded/X) AMS 25.3(07197)2 of 2 #M81822 POLICY NUMBER: P63050OD409203 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach Attn: Mr. Bankey, Planning Dept . 2000 Main Street Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Schedule Continued: its agents, officers, and employees PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. APPROVED AS TO FORM CG 20 10 11 85 NNIF R McG TH, Attorney C 01-07-04 11 5;57 FRQA+,-RBF CONS G-PLANNING DEPi +94013741ZZ T-705 P.005/005 P-077 Y �- o U CERTIFICATE OF LIABILITY INSURANCE L?P1D S DATEIMMJDBIYYYYI - RBFCO-1 09 30/03 PROpLICSR . /� THIS CSRTIFICATE 15 ISSUED AS A MATTER 019 INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE United C%ptive Ins. Brokers HOLDER.THIS CERTIFICATE DOES NOT AMEND,P.xiE:ND OR 17151 Nexf�ope St. , Ste 211 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fountain Valley CA 92708 Phone;714-708-4370 Fax:714-709-2300 opy [INSURERS AFFORDING COVERAGE NAIG 4 INSURED wSURGRA. 1U,S. Fidelity and GuarantyCo. ,11431JRER 5: tinqq YV� 1Y 4< INSUAERCMSCoAnasudl SURER0:Irvine CA 927gE / Y/3 I 'NSVRER G: COVERAGES THE PCUCIE8 OP'NBUW+NGE LATE BELOW HAVE aECN ISSUEC TO THE:NSUREp NAMED A101f6 FOR THE 004,CY a5A100 INCIC,AT&D.NOTWRHSTANWNG ANY RECVIREMEti"T.TERM OR C04DTION OF ANY CONTRACT OR CT!tER DOCUMENT WITH RE5P5CT TO WMICH THIB CERTIFLCATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCC APPORDEO BY THE POLICIES OfSC919ED HEREIN IS SUBJECT TO ALL TH6 TZRMS,EXCLUSIONS AND CONOITIOMS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPE Or INVURANCIjPOLICY NUMBER pAT MMIppI(T pATE MMfOarrr LJMITS GENERA_UARILITY I EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY I aR ISES Es eeeursnS. >I CLA ht9 AOAOE OCCUR MEO FJLP[AAy 01 NEON PIRSONA_L AOV INJURY S r GENERALAGGREGATE I GSNLAGGREGATELIMITAP�P—LIIEISPER � PROD6CTS-COMAIOPAGG S I POLICY 7EA I I LOC AUTOMOBILE LIAHILTIY f I I COMBINCD 91N{[LE LIMIT j ANT ALRO I IE6 iC6'G#nU ALLO'NYRDALRQS 'BOCILY INJURY S SCHBCULID AUTOS i IP-rpa.onl f HIRED AWT03 80DILY INJURY S I NON-OWNED AUTOS ■�cc.�/� I�-`-cdA-"`I O tW TO PROPERTI'QArµGE y 1 [PM BGICY�SI CARACELFAB[LRY + CGS - ALIrOONLY-LAACCIDCNr 'S ANY AUTO FNEV aTHER T1HAN EA ACC S I ALIroaNLY: AGc s EXCESSIUMBRELLA LIABILITY { I EACH OCCURRENCE f S OCCUR CLAIMS Mmr AGGREGATE :S S DEDUCTIBLE S R�HnoN : I s WORKERS COMPENVAT1ON AND I x T RY IMRSI CK A EMPLOYERB'LraaILIIT i D123WO0054 07/01/03 ; 07/0i/04 BJ-EACHACCIDENT I:1000000 ANY PROaRIETQ"ARTNEAIF ....vE OFFICCRIMEMBEREXCLUDED? I I I E.L.DrBEASE-CAEMPLOTP, 13.000000 uII •i.OGCJIea undar 5 MiALPROV[S'ONStwow E.LDISEASE-POLICY L'b417 i 1000000 OTNER � � f D93CRIPTION Of OPERATIOND I LACAnONs I VEHICLES!EXCLUSIONS APDID BY SNOORSIMHNT I SPECIAL PROvWONS *10 days notice of cancellation fox non--payment of prBTL11TS1Il. CERTIFICATE HOLDER CANCELLATION CITYR-1 SHOULD ANY OF THE ABOVE DQSCRI8ED POLICIIIS BE CANCELLED BEFORE TNC BXPIRATIO j DATE THEREDF,THE ISSUING INSURER VALL QDCIE1fINICULNIAIL *30 DAYS wRRTEN NOTICE TO THE CERTIFICATE HOLOaFk NAMED TO THE LEFT,BUT City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 [AUNORIZEDREPR SENTATIVE rk Barrie r /f, AGORD 23(IQ4Sf04} PJ AQQKC)CORPQU ATION 1068 AiNd A'r lm'' ��C' ME CITY OF HUNTINGTON BEACH ` INTERDEPARTMENTAL COMMUNICA TION To: Penelope Culbreth-Graft, City Administrator From: Clay Martin, Director of Administrative Services Subject: FIS 2004 — 25 Approve Two Reimbursement Agreements With Poseidon Resources Corporation and a Professional Services Contract With RBF Consulting for the Preparation of Recirculated Environmental Impact Report No. 00-02 For The Poseidon Project Date: July 6, 2004 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve Two Reimbursement Agreements With Poseidon Resources Corporation and a Professional Services Contract With RBF Consulting for the Preparation of Recirculated Environmental Impact Report No. 00-02 For The Poseidon Project" If the City Council approves this action (total appropriation $136,865), there will be no effect on the General Fund balance since the proposed ex en ' re is offset by new revenue. Clay Ma n" Director of Administrative Services RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: APPROVE TWO REIMBURSEMENT AGREEMENTS WITH POSEIDON RESOURCES CORPORATION AND A PROFESSIONAL SERVICES CONTRACT WITH RBF CONSULTING FOR THE PREPARATION OF RECIRCULATED ENVIRONMENTAL IMPACT REPORT NO. 00-02 FOR THE POSEIDON PROJECT COUNCIL MEETING DATE: 'l August 2, 2004 RCA ATTACHMENTS STATUS Ordinance wlexhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if a licable Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to foram by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Attached Financial Impact Statement (Unbudget, over $5,000) Attached Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not A licable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff Assistant City Administrator initial City Administrator Initial Lqity Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use Council/Agency Meeting Held: -y 3 Deferred/Continued to: ,,,� � Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatur Council Meeting Date: April 7, 2003 Department ID Number: PL03-10 CITY OF HUNTINGTON BEACH aa ?- �" , REQUEST FOR ACTION =; _� :• SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator Aml PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE ACCOUNT CORRECTION FOR POSEIDON ENVIRONMENTAL IMPACT REPORT REIMBURSEMENT Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: In March 2001 the City Council approved a professional services contract with RBF Consulting for the preparation of an Environmental Impact Report for the Poseidon seawater desalination plant proposed on a portion of the AES property at PCH and Newland Street. In January 2002 Poseidon Resources Corporation paid the City $51,173 as part of the reimbursement agreement to cover the cost of the preparation of the Environmental Impact Report by RBF Consulting. This amount was deposited into the General Fund and was not subsequently transferred to the Planning Department's Contractual Services Account. Transmitted for your consideration is a request by the Planning Department to appropriate funds in the amount of $51,173 from the City's General Fund Unappropriated Fund Balances into the Planning Department's Contractual Services Account Number 10060201.69365 for use in payment to RBF Consulting for services provided. Staff recommends approval of the request. Funding Source: Appropriation of funds in the amount of $61,173 from the City's General Fund Unappropriated Fund Balances into the Planning Department's Contractual Services Account Number 10060201.69365. Recommended Action: Motion to: "Authorize the Director of Administrative Services to appropriate funds in the amount of $51,173 from the City's General Fund Unappropriated Fund Balances into the Planning Department's Contractual Services Account Number 10060201.69365." 'REQUEST FOR ACTION • MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: PL03-10 Alternative Action{s): The City Council may make the following alternative motion(s): "Continue the item and direct staff accordingly." Analysis: A. BACKGROUND: In March 2001 the City Council approved a professional services contract with RBF Consulting for the preparation of an Environmental Impact Report for the Poseidon seawater desalination plant proposed on a portion of the AES property at PCH and Newland Street. In January 2002 entitlement applications to construct the desalination plant were submitted to the Planning Department. The Planning Department continues to process the entitlements and environmental documentation for the project. In January 2002 Poseidon Resources Corporation paid the City $51,173 as part of the reimbursement agreement to cover the cost of the preparation of the Environmental Impact Report by RBF Consulting. This amount was deposited into the General Fund and was not subsequently transferred to the Planning Department's Contractual Services Account. Transmitted for your consideration is a request by the Planning Department to appropriate funds paid by Poseidon Resources in the amount of $51,173 from the City's General Fund Unappropriated Fund Balances into the Planning Department's Contractual Services Account Number 10060201.69365 for use in payment to RBF Consulting for services provided. Staff recommends approval of the request. Environmental Status: Projects over which public agencies exercise only ministerial authority, such as this request to appropriate funds from one account to another, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.01 Attachment(s)' City Clerk's . . - Number No. Description 1 TFiscal impact Statement RCA Author: R. Ramos/S. Hess PL03-10 -2- 312012003 2:34 PM ICI� I'r E t e fwEN S ity . ADMINISTRATIVE SERVICES H INTERDEPARTMENTAL COMMUNICATION To: Ray Silver, City Administrator From: Clay Martin, Director Of Administrative Services Subject: FIS 2003-24 Approve Account Correction for Poseidon Environmental Impact Report Reimbursement Date: March 21 , 2003 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve Account Correction for Poseidon Environmental Impact Report Reimbursement". If the City Council approves this request (total appropriation $51,176), the estimated unreserved, General Fund Balance at September 30, 2002 will be reduced to $3,144,000. Clay Martin Director Administrative Services RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: APPROVE ACCOUNT CORRECTION FOR POSEIDON ENVIRONMENTAL IMPACT REPORT REIMBURSEMENT COUNCIL MEETING DATE: Aril 7, 2003 -RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable f Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. _(Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000) Attached Bonds (If applicable) Not App licable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial �► City Clerk EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use Only) RCA Author: HZ:SH:RR ;1 CITY OF HUNTINGTON BEACH L 0. 19 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSNIITTAL OF ITEINI APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: March 28, 2001 TO: RBF Consulting ATTENTION: Kevin Thomas, Env. Mgr. Name 14725 Alton Parkway DEPARTMENT: Street REGARDING: Professional Services City,State,Zip Planning Services See Attached Action Agenda Item E-19 Date of Approval 3-19-01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance x RCA Deed Other CC: H. Zelefsky Planning x x x Name Department RCA Agreement Insurance Other D. Bankey Planning x x x Name Department RCA Agreement Insurance Other Name Department RCA Agreement insurance Other Name Department RCA Agreement Insurance Other . Mendoza x x x Risk Management Dept. Insurance 1 Telephone:714-536-5227) fWA CounciVAgency Meeting Held: 43-0—a) Deferred/Continued to: AA proved ❑ Conditionally Approved ❑ Denied Pe-P- CIer s Signature Council Meeting Date: March 19, 2001 Department ID Number: PL01-09 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorOW C, 77D - PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE A PROFESSIONAL SERVICES CONTRACT WITH RBF CONSULTING FOR PREPARATION OF ENVIRONMENTAL DOCUMENTATION FOR THE POSEIDON SEAWATER DESALINATION PLANT AND A REIMBURSEMENT AGREEMENT WITH POSEIDON RESOURCES CORPORATION FOR PLANNING SERVICES Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for City Council's consideration is a request to enter into two agreements. The first agreement is a Professional Services Contract, in the amount of $204,692, with RBF Consulting for preparation of Environmental Documentation for the Poseidon Seawater Desalination Plant. The second agreement is a Reimbursement Agreement with Poseidon Resources Corporation, the project proponent, to reimburse the City for planning services to prepare Environmental Documentation for the Desalination Plant. Staff anticipates preparation of the environmental documentation to be completed within one year; however, the term of the contract and reimbursement agreement, upon approval by the City Council, is for a period not to exceed thirty-six months to allow for any required follow-up of mitigation measures. Funding Source: Appropriation of funds, in the amount of $204,692, from the City's General Fund Unappropriated Fund Balances into the Planning Department's Contractual Services Account Number 1006 201.69365. �f • REQUEST FOR ACTION MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PL01-09 Recommended Action; Motion to: 1. "Approve and Authorize the Mayor and City Clerk to execute the Professional Services Contract with RBF Consulting, in the amount of $204,692, for preparation of Environmental Documentation for the Desalination Plant; and 2. Approve and authorize the Mayor and City Clerk to execute the Reimbursement Agreement with Poseidon Resources Corporation for Planning Services; and 3. Authorize the Director of Administrative Services to appropriate $204,692 from the City's General Fund Balance to the Planning Department's Contractual Services Account number 10060201.69365; and 4. Authorize the Director of Planning to expend $204,692 for Professional Planning Services to prepare Environmental Documentation, pursuant to the Contract with RBF Consulting, and to extend the duration of the Contract as required." Alternative Action(J: The City Council may make the following alternative motions: 1. "Deny the Professional Services Contract between the City and RBF Consulting and the Reimbursement Agreement between the City and Poseidon Resources Corporation." 2. "Deny appropriation of funds in the amount of $204,692 to cover the Professional Services Contract costs." 3. "Continue the item and direct staff accordingly." Analysis: A. Project Description: Poseidon Resources Corporation, a private developer of water and wastewater facilities, is proposing development of an approximate 3.9-acre seawater desalination plant within the existing 22-acre AES Huntington Beach L.L.C. Power Plant facility, which is located at 21370 Newland Street. Poseidon is anticipating development pursuant to a long-term lease for the proposed desalination site. PL01-09 -2- 318101 4:47 PM • REQUEST FOR ACTION 10 MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PL01-09 Poseidon is proposing construction and operation of a 50 million gallon per day (MGD) seawater desalination plant designed to produce 56,000 acre-feet per year of desalted water that would be provided on a wholesale basis to water agencies. Poseidon's proposed project includes two primary components, one is the 3.9-acre desalination plant and the second is the extension of approximately 10 miles of water transmission pipelines and associated pumping stations. . The 3.9-acre desalination plant, would include a reverse osmosis pretreatment area, process buildings and seawater intake pretreatment facilities, product water storage, two pumping stations, storage tanks, and maintenance buildings. Operation of the desalination plant would direct approximately 100 to 120 MGD of the AES Power Plant condenser cooling water to Poseidon's pretreatment plant and reverse osmosis facilities, offsetting the need for additional seawater intake and discharge. Processing of the 100 to 120 MGD of seawater is anticipated to generate 50 MGD of product water and 70 MGD of saltwater byproduct. The residuary by-product would be routed back to the AES Power Plant outfall structure for discharge into the Pacific Ocean, while the solids generated during the pretreatment stage would require transportation to an appropriately permitted landfill for disposal. B. Scope of Work: RBF Consulting, working as an extension of City staff, will be responsible for all studies and documentation necessary to comply with the provisions of the California Environmental Quality Act (CEQA), as well as conducting an impact assessment, development of mitigation measures, review for CEQA adequacy, attendance at public meetings and hearings, responses to public comments, coordination between City staff and the project team, and the preparation of a mitigation monitoring plan necessary to prepare and adopt the document. C. Consultant Selection Process: The City has held preliminary meetings with Poseidon Resources Corporation to assist them in understanding the application process for development of the Desalination Plant. To facilitate processing of Poseidon's application, the City distributed a Request for Proposal to seven (7) qualified planning consulting firms in January 2001, to prepare Environmental Documentation for the Desalination Plant. The following three (3) firms responded to the request by submitting proposals detailing their experience, expertise, fee structure and scope of work for the project: • KEA Environmental, Inc. • RBF Consulting • Sapphos Environmental, Inc. PL01-09 -3- 318101 4:47 PM • REQUEST FOR ACTION 10MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PL01-09 After careful consideration, staff has determined that the firm of RBF Consulting offers the best combination of experience, expertise, project approach, accessibility, and price to meet the City's needs. D. Staff Recommendations The key objective in undertaking preparation of the Environmental Documentation is to analyze the potentially significant environmental impacts of the proposed Desalination Plant and identify mitigation measures to reduce or eliminate these impacts. To realize these objectives, a Professional Services Contract between the City and RBF Consulting is necessary. The City and Poseidon Resources Corporation, the project proponent, recognize the unique environmental considerations associated with the Desalination Plant and the time and cost associated with retaining the services of a Consultant to prepare the required documents. Therefore, Poseidon has agreed to enter into a Reimbursement Agreement, in the amount of $204,692, with the City to help defray these associated costs. Pursuant to the Reimbursement Agreement, Poseidon will deposit funds in the amount of $102,346 with the City within ten (10) days following adoption of this agreement by the City Council, and two additional separate deposits of $51,173 within ten (10) days following written notification from the City that deposit funds have fallen below $10,000. Since Poseidon and the City have agreed to enter into a Reimbursement Agreement, there will be no fiscal impact related to preparation of Environmental Documentation for the Desalination Plant. Staff recommends City Council approve the Contract with RBF Consulting and the Reimbursement Agreement with Poseidon Resources Corporation as drafted, and authorize the Mayor and City Clerk to execute the documents. E. Council Policy Regarding Requests for an Appropriation of Funds: As adopted by the City Council in March 1998, all requests for appropriation of funds must meet one of the following criteria; 1) The request is for an unanticipated emergency, 2) The request is required to implement labor negotiations, or 3) The request will be offset by related new revenues. The new appropriations being requested will be offset by related new revenues generated pursuant to the Reimbursement Agreement between the City and Poseidon Resources Corporation. 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. PL01-09 -4- 318101 4:47 PM REQUEST FOR ACTION • MEETING DATE: March 19, 2001 DEPARTMENT 1D NUMBER: PL01-09 Attachment(s): DescriptionCity Clerk's Page Number No. 1. Contract between the City and RBF Consulting 2. Certificates of Insurance for RBF Consulting 3. Fiscal Imp act Statement 4. Reimbursement Agreement between the City and Poseidon Resources Corporation RCA Author: Duane R. Bankey/Mary Beth Broeren P101.09 -5- 3!7/01 1:57 PM i7 IH �i Ilj .rATTACHME-N- T PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RBF CONSULTING FOR PROFESSIONAL PLANNING SERVICES FOR PREPARATION OF ENVIRONMENTAL DOCUMENTATION FOR THE POSEIDON SEAWATER DESALINATION PLANT Table of Contents 1 Scope of Services.....................................................................................................1 2 Designated Contacts.................................................................................................1 3 Time of Performance ...............................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................2 7 Disposition of Plans, Estimates and Other Documents ...........................................4 8 Hold Harmless .........................................................................................................4 9 Workers' Compensation Insurance............................................................................5 10 General Liability Insurance......................................................................................6 11 Professional Liability Insurance..............................................................................6 12 Certificates of Insurance ..........................................................................................7 13 Independent Contractor............................................................................................8 14 Termination of Agreement.......................................................................................8 15 Assignment and Subcontracting...............................................................................9 16 Copyrights/Patents....................................................................................................9 17 City Employees and Officials ..................................................................................9 18 Notices ........................................I................... ....9 ..................................................... 19 Modification.............................................................................................................10 20 Captions ...................................................................................................................10 21 Section Headings .....................................................................................................10 22 Interpretation of Agreement.....................................................................................10 23 Duplicate Original....................................................................................................11 24 Immigration..............................................................................................................11 25 Legal Services Subcontracting.................................................................................11 26 Attorney's Fees.........................................................................................................12 27 Entirety.............................................. ................12 ....................................................... • 0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RBF CONSULTING FOR PROFESSIONAL PLANNING SERVICES FOR PREPARATIOti OF ENVIRONMENTAL DOCUMENTATION FOR THE POSEIDON SEAWATER DESALII`ATION PLANT THIS Agreement is made and entered into this 19th day of March 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and RBF CONSULTING, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires.to engage the services of a consultant for professional planning services for preparation of environmental documentation for the Poseidon Seawater Desalination Plant; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES Preparation of environmental documentation for the Poseidon Seawater Desalination Plant in Huntington Beach as more specifically defined in the Consultant's Proposal dated January 24, 2001, attached hereto as Exhibit A and incorporated by reference.. 2. DESIGNATED CONTACTS CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 01 agree!M f=12/2 SIG 1 1 CONSULTANT hereby designates Kevin Thomas who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 3. 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 and all tasks specified in Section 1 shall be completed no later than thirty six (36) months from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Section l are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Two Hundred Four Thousand Six Hundred Ninety Two Dollars (S204,692.00). 5. EXTRA WORK In the event CITY requires additional services not included in Section 1, or changes in the scope of services described in Section 1, CONSULTANT will undertake 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 A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Section 1. 01 agree:RD F 2;23,'01 2 0 • B. 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. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) 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 5) 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 promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Section I shall be suspended until the parties agree that past 0I agrcu xr3r228:'0! 3 performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized 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. 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of the PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 8. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and save hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, 01agree RBF?28 01 4 • expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's 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. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 9. WORKERS' COMPENSATION INSC:RANCE Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder; and shall indemnify, k defend and hold harmless CITY from and against all claims, demands, payments, suit, actions, proceedings, and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars (S100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars (S100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (S250,000) bodily injury by disease, policy limit. CONSULTANT shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish 0 i agree RHFl31ZSOl 5 to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 10. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. The policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,-the aggregate limit must be no less than S1,000,000 for this PROJECT. The policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage.which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 11. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's 01 agree!R13 E'2!28!01 professional liability in an amount not less than 51,000,000 per occurrence and in the aggregate. 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 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 this Agreement. D. The reporting of circumstances or incidents that might give rise to future claims. I2. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates 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 policies 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. 01agree:•RBF-2 28 01 7 0 • CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 13. . 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 the CITY. CONSULTANT shall secure at its 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 services to be performed hereunder. 14. 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 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 the CITY, become its property and shall be delivered to it by CONSULTANT. 0 1 agrc&RBF/2l28-0 1 8 15. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the express written consent of CITY. 16. 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. 17. 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 Governnient Code. 18. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by.personal delivery to CONSULTANT's agent.(as designated - in Section 1 hereinabove) or to CITY's Director of Planning 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, addressed as follows: TO CITY: TO CONSULTANT: Director of Planning Kevin Thomas, Environmental Services Manager City of Huntington Beach RBF Consulting 2000 Main Street 14725 Alton Parkway Huntington Beach, CA 92648 Irvine, CA 92618-2027 01 agree'RBF12'28:01 9 19. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement 21 SECTION HEADf GS. The titles, captions, section, paragraph, 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 maters 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. 22.. 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 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 0l agree.R13f=/2/2816l 10 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. 23. 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 of the parties hereto shall retain an originally signed copy hereof. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. 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. 25. 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. 01agree.R13F.2/2B GI 11 • i 26. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 27. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing. The foregoing sets forth the entire Agreement between the parties. 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. RBF CONSULTING CITY OF HUNTiNGTON BEACH, a municipal corporation of the State of California By n print name �rm 4 . . /_ ITS: (circle orre)Chairman/President 'ice Presiden IIII L�./�lC� ayor AND _ ATTEST: dcprl,G 6/J printinhUe City-Clerk 03_ ITS: (circle ones hief Financial Officer/Asst. Secretary-Treasu(ecretary! APPROVED AS TO FORM: City Attogg yy Jai REVIEWED AND APPROVED: INITI 3 ED AND APPROVED: Q Ci Administrator Director of 14anning Olagrc�:R8F 2S.-Oi 12 0 • CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT 4 State of California County of Orange ss. March 6, 2001 Jayne L. Tubb, Notary Public On before me, Date Kevin Thomas Name and Tale of Officer(e-g "lane Don.Notary Public7) personally appeared Namefs of Sig'lersj t X personally known to me proved to me on the basis of satisfactory evidence l to be the person(o whose name(*) islafe- JAYNE L. TUBB subscribed to the within instrument and Commission# 1291194 acknowledged to me that he/s4efthe7 executed Notary Public -CoWomia Orange r_-, inty the same in his/MrAheir authorized 10MYComin.Exi. ?,2ap5� capacity(4ws , and that by his/her4their signature(4) on the instrument the person(a), or JAYNE L. TUBB the entity upon behalf of which the persons) Commission# 1291194 acted, executed the instrument. Notary Public-California I Orange County W ESS my hand and offici seal. MY Comm.bpi-es Jan 17.2W5 Place Notary Seal Above Signature of Notary Puel.c •I I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 3 Description of Attached Document Title or Type of Document: Professional Services Contract-City of Huntington Beach Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signet' i Signer's Name: KtwinThomas _ El Individual ' C Corporate Officer—Title(s): Vine President i 'CC G rF_s C he'a G Partner—❑ Limited E General C Attorney in Fact Trustee Guardian or Conservator = Other: Signer Is Representing: RBF Consulting I 0'999 Nxional.Newt'Assocmela •9350 De Soto Ave.P.O Bcx 2402•Cl alsn_^h.CA 913'3-2a72•w .,wionalmtdy org Prod.No.59C7 Reorder:Call Tot-Free'-SX,- -6W CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT State of California County of Orange ss. March 6, 2001 Jayne L. Tubb, Notary Public On , before me, , Data J. Robert Crawford Name en.Tale of Officer(a9..'Jane Doe,Nota•y Public') personally appeared Names)of Signer(s) X personally known to me ._ proved to me on the basis of satisfactory evidence to be the person(*) whose name(o islafe- JAYNE L. TUBB subscribed to the within instrument and TM Commission# 1291194 acknowledged to me that he/shei!4elq-executed Notary Public-Collfomlo the same in his/U+,e„�,6ti: authorized Orange county ca an (dtyCxxnm.6�ires Jan l9,?m5 acit i p Y(.w)� d that by his/hefAfeir signature(s) on the instrument the person(gq, or the entity upon behalf of which the person(f) I acted, executed the instrument. I WITNESS my hand and office seal. / I Pace Notary Seal Aoove Signature of Notary Public ,. OPTIONAL i. Though the information below is not required by law, it may prove valuable to persons relying on the document and could pi-event fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Professional Services Contract-City of Huntington Beach Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _1 _Rnhart rrawf or _1 Individual T . I: ��Ot Numb'lere >C Corporate Officer—Title(s): —EXeCuti E''Ye Vice President, Secretary Ll Partner—❑ Limited ❑ General D Attorney in Fact i r71 Trustee G Guardian or Conservator i C Other: I Signer Is Representing: RBF Consulting 0.999 Natpnal Notary Association•9350 De Sato Arre.,PO.Box 2402•Chalswonh,CA 913112402•wtvw nat a lnalaly.org Ran No 5907 Reorder Cal Toll-F,ea 1-800-876-6827 it Proposal for an Environmental Impact Report POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT I I. SCOPE OF WORK The following Scope of Work has been Request pursuant to the information contained in the Re prepared q far Proposal and subsequent information received from the City. The cost estimate,which is itemized. 1 according to task and issue is presented in Section IX. 1.0 PROJECT SCOPING I1.1 RESEARCH AND INVESTIGATION RBF Consulting will obtain and review available data for the project area as well as policy documentation from the City of Huntington Beach,County of Orange,the South Coast Air Quality Management District (SCAQMD), State and Federal Agencies, the 1 Southern California Association of Governments (SCAG),affected water agencies,and all other agencies which may be affected by the Project. Upon identification of transmission line route alternatives, RBF Consulting will obtain information from identified affected water districts and applicable City documents. This information, along with environmental data and information available from the City and other y nearby jurisdictions,will become part of the foundation of the EIR and will be reviewed Jand incorporated into the analysis, as deemed appropriate. RBF Consulting will also work closely/with the City to develop an effective public participation program, including strategic timing and information for the project's key public notices and r public meetings. 1.2 AGENCY CONSULTATION f As indicated in Section 15083 of CEQA, many public agencies have found that early consultation solves many potential conflicts that could arise in more serious forms later in the review process. Although the Notice of Preparation and Public Scoping session meeting(refer to Task 5.0 regarding publ is meetings)will provide that opportunity,RBF Consulting will conduct additional discussions with local, state and federal agencies and affected water agencies, which will assist in the early stages of the analysis and issue delineation. This scoping can be an effective way to bring together and resolve the concerns of affected federal, state and local agencies as well as the local community. J 1.3 FIELD RECONNAISSANCE Asa part of the early scoping for the Project, RBF Consulting will conduct a field study of the proposed 3.9-acre desalination plant site, reviewing existing land use and environmental conditions and conducting a photographic recording of on-site and surrounding uses. Our extensive video resource capabilities will be utilized so that the entire RBF Consulting Team may have readily available site information during the course of the analysis. Further, RBF Consulting will review up a total of six(6)pipeline 1 transmission line alternative alignments and one (1) pumping station, via aerial photographs and field reconnaissance, as deemed necessary through the project scoping process. 4 • January 24, 2001 Proposal for&vironmental Impact Report POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT 1.4 PREPARATION OF THE INITIAL.STUDY RBF Consulting will prepare the Initial Study for the proposed Project. The Initial Study will contain a description of the Project, the Project location, and a description of the environmental setting of the proposed Project site and a general discussion of up to six (6) pipeline transmission alternatives and one (1) pumping station. The main body of the document will consist of a City-approved environmental checklist and an accompanying environmental analysis. The Project will be analyzed for potential to create significant environmental impacts in the areas specified on the City's approved environmental checklist. The Initial Study will also include mandatory findings of significance regarding long-term versus short- term goals, cumulative impacts, and direct and indirect impacts upon human beings. 1.5 NOTICE OF PREPARATION RBF Consulting will prepare, distribute, post and file the Notice of Preparation (NOP) jfor the EIR. Distribution will be based on a City-approved distribution list to be prepared by RBF Consulting in conjunction with City staff. This task includes certified mailings of up to 60 notices to affected agencies and interested parties. RBF Consulting assumes that posting in the local newspaper, any radius mailing, and transmitting notices to the County for posting will be provided by the City. Comments received in response to theNOP will be evaluated during the preparation of the EIR. Deliverables: ❖ One (1) Screencheck copy of the Notice of Preparation •y One (1) Screencheck copy of the Initial Study •:• Sixty (60) copies of the Notice bf Preparation •;• Sixty (60) copies of the Initial Study 2.0 PREPARATION OF SCREENCHECK DRAFT EIR 2.1 INTRODUCTION AND PURPOSE The Introduction will cite the provisions of CEQA and the City of Huntington Beach CEQA Implementation procedures for which the proposed project is subject to. This section will identify the purpose of the study and statutory authority as well document scoping procedures, summary of the EIR format, listing of responsible and trustee agencies and documentation incorporated by reference. 2.2 EXECUTIVES SUMMARY RBF Consulting will provide an Executive Summary for the EIR including a Project Summary, an overview of project impacts, mitigation and levels of significance after mitigation, summary of project alternatives and areas of controversy and issues to be resolved. The Environmental Summary will be presented in a columnar format. • 5 • January 24,2001 Proposal for an Environmental Impact Report POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT 2.3 PROJECT DESCRIPTION The Project Description section of the EIR will detail the Project location, Background and history of the project, discretionary actions, characteristics, goals and objectives, phasing,agreements and permitslapprovals which are required for the Project based on available information. This section will include a summary of the local environmental setting for the project and general discussion of the water transmission pipeline locations. Particular attention will be given to relating the proposed project to basin- wide management effort. Exhibits depicting the regional and site vicinity and sub- regional water transmission pipeline locations and pumping station will be included in this section. This task includes EIR-level review of the proposed engineering plans associated with the desalination-plant, pipelines and pump station. All graphics,charts, maps,and tables will,to the extent feasible,be submitted on 8.5x 11 white paper. An aerial photograph will be included within the Project Description. In accordance with the RFP, available graphics from the City will be incorporated and may include:vicinity map, General Plan Land Use map,zoning map, assessors parcel ' map,aerial photograph,and existing utilities (except for storm drain). If modifications to the original Project Description are made following authorization of RBF Consulting to proceed, revisions to this Scope of Work and cost estimate may be required. 2.4 ENVIRONMENTAL ANALYSIS i RBF Consulting will evaluate the necessary information with respect to the existing conditions,the potential adverse effects of Project implementation(both individual and cumulative),and measures to mitigate such effects. Environmental issues raised during the scoping process(Notice of Preparation responses,Public Scoping Meeting,and any other relevant and valid informative sources)will also be evaluated. The analyses will be based upon all available data and previously prepared reports, results from additional research, and an assessment of existing technical data. These analyses will be performed by qualified Environmental Analysts,CEQA experts and Planners at RBF Consulting. The Environmental Analysis section of the EIR will thoroughly discuss the existing conditions for each environmental issue area for the desalination plant and generally describe the water transmission pipeline alternatives,identify short-term and long-term environmental impacts associated with the project and their levels of significance. Feasible mitigation measures will be recommended to reduce the significance of impacts and identify areas of unavoidable significant adverse impacts even after mitigation. The environmental documentation will assist in identifying constraints, modifications and improvements which may be incorporated into the land planning process.This section will include analysis for the following environmental issue areas: A. Land Use/Relevant Planning RBF Consulting will analyze the potential land use compatibility issues and the relationship of the project to all applicable ordinances and planning policies. The review will be based, in part, upon reports provided by Poseidon Resources Corporation regarding the Seawater Desalination Plant,as well as City ordinances and policies including: 1) the City of Huntington Beach General Plan; 2) the City of • 6 ` January 24, 2001 r Proposal for an Environmental Impact Reportv- POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT Huntington Beach Zoning Map and Municipal Code; and 31 environmental data available from the City of Huntington Beach and County of Orange. The policy review will include all relevant goals and objectives contained in the City's General Plan. RBF Consulting will evaluate the appropriateness of the proposed project relative to land use compatibi I ity with surrounding uses,in particular the Cabrillo and Huntington- By-The-Sea mobile home parks to the west and ocean impacts associated with ocean water intake and residual water discharge. The relevant planning discussion will include a consistency review of the General Plan and zoning requirements and the = local Coastal Plan requirements. If available from the Applicant, R8F Consulting will review and comment -on a Coastal Development Permit Application. 'Other environmental plans applicable for the project area will be studied including: the Air Quality Management Plan,the County Regional Transportation Plan,the County Solid Waste Management Plan as it relates to the by-products from the reverse osmosis process,and other Policy documents,as deemed appropriate. RBF Consulting intends to utilize information available from the City of Huntington Beach,as well as the NOP process and Public Scoping Session to identify particular concerns and any potential for = public controversy. RBF Consulting will recommend mitigation measures to reduce potential impacts to the extent feasible. The water transmission pipeline discussion will incorporate a general discussion of existing sensitive land uses along a total of six (6) alternative routes and one (1) pumping station location. This discussion, per the City's direction, assumes that all water transmission pipelines are to be within existing public right-of-ways and no additional land acquisitions would occur with the implementation of the project. In the event right-of-way acquisition orsensitive resources were identified during the Scoping process for these off-site improvements, revisions to this Scope of Work and cost estimate may be required. Consistency with local plans and policies will also be addressed in this analysis of off-site improvements. B. Geology and Soils '.� RBF Consulting has retained Scott Magorien, CEG, to provide third party technical review of existing documentation provided by Applicant and/or the City,consisting of an assessment of geological constraints and hazards for the desalination plant. Available information for the site includes the Soils Report for the AES Power Plant, • U.S. Division of Mines and Geology data (geology and seismic'maps), and U.S. Soils Conservation Service Soil Survey maps. RBF Consulting will review additional relevant existing information provided by the City. The analysis will identify existing regional and site specific geology and soils constraints(such as compressible soils, liquefaction, disruptions,displacements,compaction,or over-covering of the soil,and areas subject to subsidence) for the desalination plant. A general discussion of existing geological conditions for a maximum of six(6)water pipeline alternatives and the pumping station will be provided based on existing information. Based on the results of the geotechnical evaluation, RBF Consulting will recommend mitigation measures to reduce potential impacts to the extend feasible, such as erosion control criteria and grading requirements. RBF will identify water pipeline alternatives that may require . additional geological investigation. In the event the existing information provided by the Applicant is deemed insufficient and additional geological field study 7 + 7 • January 24, 2001 Proposal for an Environmental Impact Report POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT recommended further investigation could be provided under a separate Scope of Work. C. Hydrology &Water Quality Y gY Y This section will address both land-based surface hydrology and water quality,as well as potential direct and indirect marine environment impacts relative to project-related actions. For the land-based surface hydrology assessment, RBF Registered Civil Engineers will review existing data provided the by Applicant and/or the City, in order to identify potential changes in absorption rates, drainage patterns, and amount of surface runoff. This discussion will include requirements based on the projects' location within a Flood Plain Overlay(FP2). This section will also discuss the potential for the project to substantially degrade water quality, interfere with groundwater recharge, contaminate a public water supply, or expose people to water-related hazards. RBF's National Pollution Discharge Elimination System (NPDES) team will work with the Applicants consultant team in identification of permitting requirements and potential BMP options,drawing on our local knowledge of the area(any required water resource permitting is assumed to be provided by others, including Regional Water Quality Control Board NPDES, Waste Discharge and/or 401 waiver). RBF has retained MBC Applied Environmental Studies to provide a third party review of existing information and reports provided by the Applicant, relating to potential marine impacts of the project. A Marine Biological Resources Assessment will be prepared to address potential direct and indirect effects including water quality,water temperature and turbidity. This analysis will be Based on information provided by the Applicant as it relates to the utilization of water redirected from the AES Power Plant. This scope assumes that no new ocean intake/discharge structures will be required. D. Air Quality The existing setting discussion will provide a description of the local climate, South Coast Air Basin, monitored pollutants and their levels, the attainment status of criteria pollutants and a summary of the applicable air quality and growth documents from the air district. Significance criteria as established by the South Coast Air Quality Management District (SCAQMD) will also be described. The impact analysis will include quantified emissions for both short-term (construction) and long-term (operation)project impacts based on the URBEMIS7G computer model orother model approved for use by the SCAQMD. Stationary source emissions will be discussed based on data provided by the Applicant,SCAQMD or equipment manufacturer(s). A discussion of the short-term construction impacts will be provided for the pipeline alternatives and pumping station. The effectiveness of recommended mitigation measures should be quantified and the residual emissions after mitigation described. Further discussion of short-term construction impacts are also provided within the Construction-Related Impacts discussion. E. Noise A technical noise evaluation will evaluate potential noise impacts of the proposed Project,focusing on long-term changes in noise levels in the Project area due to traffic changes along area roadways and changes in ambient noise levels associated with • 8 • January 24, 2001 Proposal for an EnvironmentalImpact Report POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT stationary noise sources. RBF Consulting will identify relevant existing conditibris, including review of applicable planning documents such as the General Plan, Zoning Code, and Noise Ordinance. RBF Consulting will conduct ambient noise measurements at up to four (4) locations within the desalination plant vicinity to establish the present average sound levels for potentially affected areas(I 5-minute Leq readings will be taken using a Type I rated sound level meter). Upon determination of a maximum of six (6) water pipeline alternatives, RBF Consulting will conduct up to two (2) ambient noise measurements at each transmission route alternative and at the pump station,as directed by City staff. The project team will review applicable noise coritrol standards by the State of California and local jurisdiction(s) affected by the proposed project. Noise levels associated with on-site equipment will be calculated for areas located along the boundary of the project site,particularly adjacent to the existing Cabrillo and Huntington-By-The-Sea mobile home parks. Stationary noise sources will also be provided for the one(1)proposed pumping station associated with the extension of the water pipeline. These calculations will be derived from accepted industry interpretations of noise propagation and will be entirely based on design specifications provided by the project applicant. Given the relatively small scale of the project, mobile noise sources are not anticipated to result in significant impacts. Project noiseimpacts will be assessed based on total increases in the ambient noise level and potential of City standards. RBF Consulting will provide tables to identify potential Project noise impacts, and identify mitigation measures necessary to achieve the City of Huntington Beach noise standards. This mitigation will consist of-preliminary design recommendations,and is not intended as a design-level analysis. Potential impacts of project mitigation will be briefly discussed. F. Utilities and Service Systems RBF Consulting will contact potentially affected agencies to identify relevant existing conditions, project impacts and recommended mitigation measures. RBF Consulting will address locaf and regional water planning documents as they relate to the proposed project. In addition to water supply,this section will focus on the potential of increased demand on landfill capacity related to project residual by-products. RBF Consulting will devote special attention to the following potential significant project impacts:-1) community needs and City water requirements; 2) relationship to multiple water agency master water plans and available capacity; 3) adequacy of existing permitted landfills to receive by-products; 4) additional gas and electrical usage. Based on agency responses and RBF Consulting's extensive experience with similar projects, RBF Consulting will recommend mitigation measures to substantially reduce or avoid potential irn pacts. G. Hazards and Hazardous Materials RBF Consulting will review the Phase I Environmental Assessment and other information and documents provided by the Applicant and/orthe City,which addresses existing site constraints. This section will also address the use of hazardous materials • 9 • January 24, 2001 Ah- • Proposal fo®Environmental Impact Report POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT such as Sodium Hypochlorate and Ferrous Sulfate during desalting operations and other potential risk of upset issues, based on information provided by the Applicant. Based on the information provided, RBF Consulting will summarize the information, identify any impacts and provide mitigation measures. If it appears that further information is required to provide the City with a defensible environmental document, RBF Consulting could provide additional assessment services undera separate contract. H. Aesthetics RBF Consulting will characterize the existing aesthetic environment and visual resources, including a discussion of views within the site and views from surrounding areas to the site, particularly from adjacent residential uses.- Project impacts will be addressed based on changing on-site aesthetics visible from surrounding roadways and locations. RBF Consulting will incorporate discussion of architectural and design . specifications pursuant to the City's Municipal Code. Mitigation measures such as perimeter landscaping, screening and setbacks, as determined necessary, will be recommended to reduce the significance of potential impacts. Site photographs will be provided which will show on-site and surrounding views. This section will analyze potential view impairments to adjacent uses as a result of Project implementation. As an optional task,RBF Consulting could provide realistic computer-generated renderings of the proposed project as discussed within Optional Tasks. RBF Consulting will also address impacts due to the introduction of light and glare associated with the development of the proposed Project. This analysis will include a •• light and glare impact discussion on neighboring sensitive uses from street lights, vehicle headlights, building lights, etc. RBF Consulting will review and incorporate existing City policies and guidelines regarding light and glare for inclusion within the EIR. RBF Consultingwill recommend mitigation measures to reduce potential aesthetic and light and glare impacts to the maximum extent possible. 1. Construction Related Impacts This section will identify sensitive land uses near the project site and near off-site improvements. Particular attention will be given to construction-related noise,lighting, dust and traffic disruption. 2.5 GROWTH INDUCEMENT RBF Consulting will discuss potential growth-inducing impacts pursuant to CEQA Guidelines Section 15126.2. The analysis in this section will be based on data from the City of Huntington Beach, County of Orange, California Department of Finance, Southern California Associations of Governments and U.S. Census data. particular attention will be given to discussing the projects relationship to existing(and planned development, and whether or not the project may foster new or accelerated development. • 10 • January 24, 2001 Proposal town Environmental Impact Report POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT 2.6 CUMULATIVE IMPACTS In accordance with CEQA Guidelines Section 15130, RBF Consulting will discuss =< cumulative impacts for each environmental issue area identified above focusing_ p g on cumulative impacts and levels of severity the Project area at a quantitative -and qualitative level. The analysis will include potential future development in the r•'' Huntington Beach and other water facilities proposed in the Southern California region. The analysis will focus upon cumulative impacts from recently approved and/or - pending Projects in proximity. - 2.7 CUMULATIVE PROJECTS TO BE CONSIDERED In accordance with Section 15130(b)(1)(a) of CEQA, this section will provide a listing of cumulative projects and actions under consideration for the analysis. As stated in Task 2.7, Cumulative Impacts, the likelihood of occurrence and level of severity will be studied.The purpose of this section is to present listing and description of projects, past,present and anticipated in the reasonably foreseeable future,even if those projects =- are outside of the jurisdiction of Huntington Beach. The potential for impact and levels _ of significance are contingent upon the radius or area of interaction with the proposed development. RBF Consulting will consult with City staff and other applicable local jurisdictions to define the appropriate study area for the cumulative analysis, as described in Task 2.7. 2.8 ALTERNATIVES TO THE PROPOSED ACTION Pursuant toCEQA Guidelines Section 15126.6,RBF Consulting will provide an analysis of up to five (5) alternatives, including an analysis of,the "No Project" Alternative, an "Alternative Land Use", a "Reduced Operations" Alternative and an "Alternative Site" Alternative.'The transmission pipelines will be evaluated for a total of six(6)alternative routes throughout the main body of the EIR. This alternatives section will culminate with the selection of the environmentally superior alternative in accordance with CEQA requirements. 2.9 ADDITIONAL SECTIONS - RBF Consulting will provide additional sections in the EIR to meet CEQA and City _ requirements including the following: Significant Irreversible Environmental Changes That Would Be Involved In the Proposed Action Should It Be Implemented, Effects Found Not To Be Significant,Organizations and Persons Consulted,and Bibliography. 2.10 GRAPHIC EXHIBITS The DEIR will include a maximum of 20 exhibits to enhance the written text and clarify the proposed Project and environmental impacts. Using state-of-the-art computer design equipment and techniques, our in-house graphic design team .will create professional quality, black and white,dividers and covers for the EIR and Appendices. Y This Task assumes camera-ready base maps are provided by the City. A!1 exhibits will be black and white and 81h" x 11" in size, unless otherwise approved by the City. • 11 January 24,2001 L' ProposaTfor an Environmental Impact Report POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT Deliverables: ❖ Twelve 12 copies of the Screencheck Draft Environmental r { ) p Impact Report, Exhibits and Technical Appendices - + One (1) Screencheck copy of the Notice of Completion 3.0 DRAFT EIR .F' _;. 3.1 COMPLETION OF THE DRAFT EIR RBF Consulting will respond to one complete set of City comments on the Screencheck Draft EIR and will prepare the EIR for the required 45-day public review period. In addition, RBF Consulting will prepare the Notice of Completion (NOC) for submittal to the Office of Planning and Research(OPR). RBF Consulting assumes that newspaper posting and radius mailing will be provided by the City. This Scope of Work assumes that no new substantive issues are raised by the City following Screencheck EIR review. RBF Consulting will also work with the City to develop a distribution list for the NOC. Deliverables: + Sixty (60) bound copies of the Draft EIR ZJ- ❖ Forty-five (45) copies of the Technical Appendices ❖ Sixty (60) copies of the Notice of Completion = ❖ One (1) unbound camera-ready original of the Draft EIR, Exhibits and Technical Appendices 4.0 FINAL ENVIRONMENTAL IMPACT REPORT 1 4.1 RESPONSE TO COMM ENTS/SC REENCH ECK FINAL EIR RBF Consulting will respond to all comments received on the Draft EIR during the 45- � '� da public review period, including comments raised at public meetings,if directed b YP P g p g , Y - the City. RBF.Consulting will prepare thorough, reasoned and sensitive responses to _ relevant environmental issues. This task includes written responses to both written and oral comments received on the Draft EIR (includes review of hearing transcripts, as required). The Draft Responses to Comments will be prepared for review by City staff. This task is limited to a total of 100 hours. Following review of the Draft Responses to _=-- Comments, RBF Consulting will finalize this section for inclusion in the Screencheck _- Final EIR. RBF Consulting will distribute copies of the Response to Comments to any public agency commenting of the Draft EIR per the requirements of CEQA. - Deliverables: ❖ Ten (10) screencheck copies of the Draft Responses to Comments/Screencheck Final EIR ❖ One (1) Screencheck copy of Notice of Determination 4.2 FINAL EIR The Final EIR will consist of the revised Draft EIR text,as necessary,and the"Comments to Responses" section. The Draft EIR will be revised in accordance with the responses public ublic comments on the EIR. To facilitate City review, RBF Consulting will format �- • 12 • January 24, 2001 \ } • Proposal for an Environmental Impact Report POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT the Final EIR with shaded.text for any new or modified text, and "strike out" any text - which has been deleted from the Final E1R. RBF Consulting will also prepare and file the Notice of Determination within five (5) days of EIR approval. Deliverables: ❖ Forty (40) copies of the Final EIR, including exhibits and Technical Appendices and Response to Comments =r ❖ One (1) unbound camera-ready original of the Final EIR, Exhibits and Technical Appendices, and Response to F=a Comments -tr 4. Notice of Determination Filing. ••• Two(2)Screencheck copies of the Certification Documents and -_ one (1) reproducible final copy with disk. 4.3 FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RBF Consulting will provide administrative assistance to facilitate the CEQA process including the preparation of the Notice of Determination, Statement of. Overriding Considerations and Findings for City use in the Project review process. RBF Consulting will prepare the Findings in accordance with the provisions of Section 15091 and 15093 of the State CEQA Guidelines and in a form specified by the City. RBF Consulting will submit the Draft Findings for City review and will respond to one set of City comments. r ' Deliverables: ❖ Two (2) screencheck .copies of the Draft Findings and Statement of Overriding Considerations •:� One (1) camera-ready Final Findings and Statement of Overriding Considerations 4.4 MITIGATION MONITORING AND REPORTING PROGRAM . To comply with the Public Resources Code Section 21081.6 (AB 32180), RBF - _ Consulting will prepare a Mitigation Monitoring and Reporting Program to be defined through working with City staffto identify appropriate monitoring steps/procedures and in order to provide a basis for monitoring such measures during and upon Project implementation. • The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the _.._ S g p g _ Mitigation Monitoring and Reporting Program for the proposed Project. The Checklist indicates the mitigation measure number as outlined in the EIR,the EIR reference page (where the measure is documented), a list of Mitigation Measure/Conditions of -= Approval (in chronological order under the appropriate topic), the Monitoring _ Milestone(at what agency/department responsible for verifying implementation of the measure),Method of Verification (documentation,field checks,etc.),and a verification - section for the initials of the verifying individual date of verification, and pertinent 1 `_= remarks. RBF Consulting will prepare a Draft Mitigation Monitoring and Reporting Program which will be submitted to the City for review at the Administrative Final EIR milestone submittal. RBF Consulting will respond to one set of City comments on the Draft Mitigation Monitoring and Reporting Program. • 13 • January 24, 2001 Proposal for an Environmental Impact Report POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT Deliverables: ❖ Four (4) copies of the screecheck Mitigation Monitoring Program ❖ One (1) camera-ready Final Mitigation Monitoring Program 5.0 PROJECT COORDINATION AND MEETINGS Mr. Kevin Thomas,CEP,will be responsible for management and supervision of the EIR Project Team as well as consultation with the City staff to incorporate City policies into the EIR. Mr. Thomas will undertake consultation and co-ordination of the Project and review the EIR for compliance with CEQA requirements and guidelines and City CEQA procedures. Mr.Thomas, with the assistance of RBF Consulting staff personnel,will consult with state and local agencies regarding this environmental document. As the Project Manager,Mr.Thomas will coordinate with all technical staff, consultants, support staff and word processing toward the timely completion of the EIR. Mr.Thomas will attend all staff meetings and will represent the Project Team at public hearings and make presentations as necessary. Ms.Kimberly Ruddins will serve as the Assistant Project Manager, and will assist Mr. Thomas with day to day project management and coordination with City staff, agencies and the community. RBF Consulting anticipates several meetings with City staff, including a "kick-off meeting," progress meetings, public meetings and hearings. Mr. Thomas along with other key Project Team personnel will also he available to attend meetings with affected jurisdictions, agencies and organizations as needed to identify issues, assess impacts and define mitigation. Should the City determine that additional meetings beyond the following fourteen (14) meetings are necessary, services will be provided under a separate scope of work on a time and materials basis. ' 41 Seven meetings with City staff(7) Two Public Scoping Meetings (2) ❖ One Planning Commission Study Session (1) Two Planning Commission Public Hearings(2) One City Council Study Session (1) 4. One,City Council Public Hearing(1) Public ParticiRation _r_ogram As part of this task, RBF will assist City staff in developing and implementing a successful public outreach program,drawing on extensive experience with similar projects. This scope of work includes all of the typical CEQA public outreach efforts associated with the Notice of Preparation, Draft EIR and Final EIR hearings, in addition to two special Public Scoping Meetings. We propose to work with City staff in defining the overall format for these Scoping Meetings, although we recommend one informal workshop-style meeting during the Initial Study preparation phase (to describe the project, planned EIR work program, and to gather information)and one more formal Scoping Meeting following release of the Draft EIR. RBF will assist City staff in developing the mailing list, flyer and meeting materials for these public meetings. Large-size wall graphics are assumed to be provided by the City GIS Department or Applicant. RBF will also prepare an EIR-oriented PowerPoint presentation for use at any or all of the public meetings and hearings. • 14 • January 24, 2001 Proposal for an Environmental Impact Report POSEIDON RESOURCES CORPORATION SEAWATER DESALINATION PLANT ' It is the goal of RBF Consulting to serve as an extension of City staff throughout the duration of the EIR Project. As is stated in Understanding of the Project, RBF Consulting will be available to meet with staff to discuss particular Project parameters,as required by the City. In addition, RBF Consulting wi I I prepare monthly progress reports for the Project which wou Id be submitted with the monthly invoicing. Each progress report will include a summary of tasks performed and the percentage of work completed to date according to individual task. Deliverables: ❖ Monthly work progress reports submitted by RBF Consulting to the City Optional Tasks 1. Expanded Public Outreach Program If desired by City staff, RBF could provide an expanded public outreach program, including development of special flyers,targeted mailings,additional public workshops and similar work efforts. This program could-also be supplemented by a public outreach firm, such as those currently being utilized on other City projects.' 2. Computer-Generated Renderings If desired by City staff, RBF could develop realistic computer-generated renderings of the project, using GPS-controlled color photos and Applicant-provided CADD plans. • 13 • January 24, 2001 ATTACHMENT 2 vAA,. �M1.-. .. .. `.,. ;"' <is ••?;{: :: :s>x j -;t::{ ;,:4: 3s j' : Mk GATE I><IMfDD1YYl -: ,.-v..t &S6f�L'"'..'y.:-rk„ac7rk trnK.: ;) , ,�L) i.cr R ~:E'., .,: 8 16 DD PRODUC5R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ann Risk eafvicau, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 611 Anton Blvd. , Suite 1000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cast& Mesa, CA 92626 COMPANIES AFFORDING COVERAGE COMPANY 714-957-6005 A Travelers Indemnity Co. INSUMEO COMPANY RUF Consulting / Robert Bein, B of Illinois (A+XV} William Frost & Associates COMPANY P.O. Box 570S7 I C Fidelity & QuarantX Ins. Co. Irvine, CA 92619-7057 COMPANY D A+XV) Will ..i.x.>r..: +:r- 6s' s• .-hv:v . l. 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CO TYPE Of INSURANCE POLIL'Y NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTA DATE IMM/DD/YY) DATE IMMIDDlYYI DENERAL 11A011JTY GENERAL AGGREGATE 4 2000000 A X COMMERCIAL GENERAL LIABILITY 630 500D4092 TIL 00 8/16/00 8/16/01 PRODUCTS-COMP/OP AGO 1 2000000 CLAMS MADE C OCCLR PERSONAL h ADV INJURY 1 1000000 vi". NER'S 6 CONTRACTOR'S PROT EACH OCCURRENCE 1 1000000 ontractual 1 FIRE DAMAGEIAnYoneflrel 4 500000 road Form fMIE=EXP AAlyo neperson) 1 SDOD AUTOMOBILE LEASILITV A X ANY AUTO 810 50OD4092 TIL 00 8/16/00 8/16/01 COMBINED SINGLE LIMIT 11000000 ALL OWNED AUTOS - BODILY INJURY 4 SCHEDULED AUTOS dFP$OVED AS TO FORj Iwer 011rrurr7 X HIRED AUTOS AIZ, HUTTOH BODILY INJURY 1 X NON-OWNED AUTOS m CITY bi T NEY IPe,MCCldenll H_ IBy; PROPERTY DAMAGE i 1 ____ GARAGE LIABILITY 9 Y City Attol nep AUTO ONLY•EA ACCIDENT 4 ANY AUTO I OTHER THAN AUTO ONLY: -_ rEACH ACCIDENT 4.. I AGGREGATE 4 EXCESS LIABILITY EACH OCCURRENCE 1 5000000 A X UMBRELLA FORM CUP 500D4092 TIL 00 8/16/00 8/16/01 AGGREGATE 4 5000000 . OTHER THAN UMBRELLA FORM I i WORKERS COMPENSATION AND X I JURY WC STIM1• OEa s C EMPLOVERS'UABILITY DRE3317800 7/15/00 7/01/01 EL EACH ACCIDENT 1` 1000000 THE PROPRIETORI WCL EL DISEASE•POLICY LIMIT 1 4 1000000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE•EA EMPLOYEE 1 2.000000 OTHER 10 DAY NOTICE OF CANCELLATION FOR NON-PAYKZNT DESCRIPTION OF OPERATIONSILOCATIONS/YEHICLFAISPECIAL ITEMS Re: All operations. Certificate holder is named as additional insured per attached CG 20 10. y�r $ T�P-6,� I�y4j� S„$+c` sj:. P ?cw:; iq a:a ::k 4t E 1�1ks_ �►1 !�s .31. f{" fi�s3- �.. s s is 3,ax. >'�J'}�? 2xi: �?-Yr-:r,:2 J..,,?[?«�.�✓.�[ {cx�,�icw.a.a�x::t�:4-,.s�'�, .,�;a. rRhi.'::v4: ""'a``S.,I,�S::z.a:min. �Lw... 1. aa+7cP.Fr:��:Fl.•fi�:o'�`.'1� a��h�C zv}s.%iL�i'F;#4�:s.. ::�9.i.':N�t'�:'A,Sr...R;3:� }�I;�rI "• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL OVONIPOI� MAIL 2000 Xain Street 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Huntington Beach, CA 92648 i aurHORI REPRESENTATIVE IVE 111820000 y� o} -.?-' -.-4. h.S., - �'w.. `:�3';[;•;^:{•y�[�•k•?st l a.•-.,�-s='M„{c'°..v tixS y>'.:frx x- ~•,S;q,; d[*cs',r/,'ax;voa {r �tt,,,w...:....:......,,..,.,..:..,........y.;.,�._.,{i -'AGgAi - tY`i.l.7VT°° „�' s.{ - yr, i - -a, finQ�a,,..;t r�Sk 'o•:ta:+oa.. 'r.., ,k' '.dfi'�t t.: t y p? .y t4+• ,yyy Y. V��r{cO pl�pi�a R -.. .. .-. .-,: L,},..x-:..C.95:v,:.,....%•S,a r...££f.R:. ...s:.i.{aLk:.a.?::5:; t:.>?-aa:,:%;`i:)C{ y .is{,.'e'.A.f,:;5.z.h.x,.-. r+.:F +.sarr ti, RAL Named Insured: RBF Consulting Robert Bein, William Frost &Associates Irvine East Investment Company Newport Place Investment Company R.B.F. Light Company Robert Bein RBF/Sholders & Sanford American Engineering Company, a division of RBF Urban Design Studio, a division of RBF RBF Nevada, Inc. POLICY'NUMBER: 630 5GOD4092 TIL 00 COMMERCIAL GENERAL LIABILITY Form CG2010 1185 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents, officers, and employees (if no entry appears above, information required to complete this endorsement will be shown in the Declaration 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. Primary Insurance: It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects to any claim, loss.or liability arising directly or-indirectly from the insureds-operations and any other insurance maintained by the additional insured shall be noncontributory with the insurance provided hereunder. CG201011 85 FEB-02-0I 03:45PM FROM-RBF CONSULTING 4940 T-137 P.02/01 F-502 AGMIL CERTIF! E OF LIABILITY INSUROCE iz/o 00 PRODUCEA THIS CERTIFICATE IS ISSLIED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGr'fT5 UPON THE CERTIFICATE P. 0. BOX 10550 HOLDER. TMIS CERTIRCATF DOES NOT AMEND, EXTEND OR Santa Ana, CA 42711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 714 4 2 7-E 810 INSURERS AFFORDING COVERAGE INSURED INSURSAA. Lloyds Other London Ins. RRF Consulting - 14725 Alton Parkway iNsuAEAB Irvine, CA 92618 IIIv5URERC IN9un6R D INSuREA E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTwITMSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT wlTn RESPECT TO wn+CH ThLS CERTiFiCATE MAY BE iSSuED OR MAV PERTAIN. TKE LNSURANCE AFFORDED BY TnE POLICIES D&SCRIBED HEREIN IS 9tAWffCT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES ^a(IREGATB LIMITS SHOWN MAY HAVE SEEN REDUCED By PAID CLAIMS - L TYPE OF INSURANCE PDUCV N JMBER` P65A v EFFECT14E�PO4LCY EXP.RA ON LIMITS GENFAAI.IlAMUTY EAGn oeeLIAREhc� s CO"mI1ACLAL GENFRAu L-Aft.Y' I 'FIRfi DAMAGE LACY M.r,In) S r 'CI.AtlAf MADEOCCUR , IaEDExv Nl7 En�p. n1 f PERSONAL 1 ADv INJURY f _ I GEhERALAGGRELiILTE i OEN'LAGGREGATEPRa AAPL_} PER I I PRODUCTS•COMAIOPAGG-�j 1 I POLICY , Lx I AUTdrOBILE L}AS11JTY `• COMBINED SrhGLE LIMIT f ANY AUTO I[EA 4-[,11 t) SILL OWNED AUTOS i INJURYLY SChEOULED AUTOS 90D porvun) j I iPLS, o. FIIRRD AUTOS I 1 BODILY INJURY f I hON-0wNrL0 AuT05 I I I [Pw�cL.Lm,I} IPPROVET) AS T+0 FORM:! I PROPERTY DAMAGE I +T tPerACCLWMJ f OAM09 UAWTV I AuTO QNLY•EA ACCIDI=NT !s �i ANr AUTO ; ' 1 ✓AACC 6 I � �, !OTfIER TnAN : �s ) I AUTOONI.Y: AGG IS EXCE66 FIABIWTY I )Xitl ,FACH WCURRE�CE S Attorney OCCUR �i CLt11Jf MA06 I AGGREGATe I s s DEDuCTrBI� f I flET€NTIoN s I I 's WQAAlRI3 COMPCNBATIOh AF0 wC 5 A u• DTN ErItPLOrERc uAB,u1Y E L EACH ACMDCNT s . 4L DISEASE.EA EMPLOY FE s IFl-DISEASE•POUCH LIMI7 I it A IOThER professional IP00433000 11/30 00 11/30/01 ; $1, 000, 000 Per Claim �ialbxlity i i $1, 0D0, 000 Annual Aggr OESCWPTION OF OPERA7tOa61 ATIO?4&VEnI4EA/EtCL-UBCNS ADDED BY E140113EME?R19PEGIAL PROVISION& If cancelled for non-payment of premium, 10 days notice given. Re : All Operations as performed by Named insured. CERT11FICATE HOLDER ADOmOt+ALIT-SUMD:INsuREgLE7'Mit. CANCELLATION SnOULD Ak1OF7NF ABOVE 0560A DCLO P064MESBE CANCEL"tJ B@PORI:Mr:CYARATION City of Huntington Beach DATE TREAEOF, Trill IS9uihG INSURER WILL jZRW]*LWtAIL1L.DAY6wR11T6N Attn: Mr. Sankey, Planning Dept . NOTICETOYhECfKMICATEMOLDERhAMEATOInELFFT 2000 Main Street Huntington Reach, CA 92648 A P nY ACORD 26.6(7197)1 of 1 #t}M51315 JLL 0 ACORD CORPORATION IBM II CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: Clay Martin, Director of Administrative Services Subject: FIS 2001-25 Approve a Professional Services Contract with RBF Consulting for Preparation of Environmental Documentation for the Poseidon Seawater Desalination Plant and a Reimbursement Agreement with Poseidon Resources Corporation for Planning Services Date: February 21 , 2001 As required by Resolution 4832, this Fiscal Impact Statement has been prepared "Approve a Professional Services Contract with RBF Consulting for Preparation of Environmental Documentation for the Poseidon Seawater Desalination Plant and a Reimbursement Agreement with Poseidon Resources Corporation for Planning Services." If the City Council approves this request (total appropriation $204,692), there will be no effect on the unreserved, undesignated General Fund Balance at September 30, 2001 since the new appropr n is funde reimbursement agreement. Clay Ma , Direct of Administrative Services 0 • REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND POSEIDON RESOURCES CORPORATION FOR PREPARATION OF ENVIRONMENTAL DOCUMENTATION FOR THE POSEIDON SEAWATER DESALINATION PLANT This Agreement is made and entered into this 19th day of March , 2001, by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City," and Poseidon Resources Corporation., a Delaware corporation, hereinafter referred to as "Developer." WHEREAS, Developer is developing an area within the City of Huntington Beach; and Developer is required to submit to the City for approval various entitlements, land use approvals and environmental review; and Developer desires that all entitlements, land use approvals and environmental review 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 costs of processing development applications and entitlements by reimbursing the City for such costs, NOW, THEREFORE, in consideration of the promises and agreement hereinafter made and exchanged, the parties agree as follows: 1. PAYMENT Developer agrees to reimburse City for its professional planning services in the estimated total amount of Two Hundred Four Thousand Six Hundred Ninety-Two Dollars 0 1 agree/poseidon I'd I NOl 1 (S204,692), which represents the estimated cost for professional planning services to prepare an Environmental Impact Report for the project located on 39 acres of the 22 acre AES site located at 21370 Newland Street, in the City of Huntington Beach, as follows: A. Developer shall deposit One Hundred Two Thousand Three Hundred Forty Six Thousand Dollars (S102,346.00) with the City within ten (10) days following adoption of this Agreement by the City Council; B. Developer shall deposit Fifty One Thousand One Hundred Seventy Three Dollars (51,173.00) with the City within 10 days after written notification by the City that the deposit amount has fallen below $10,000; and C. Developer shall deposit Fifty One Thousand One Hundred Seventy Three Dollars (51,173.00) with the City within 10 days after written notification by the City that the deposit amount has fallen below S10,000. All deposit funds not utilized by the City will be refunded to the Developer. D. Developer acknowledges that the amount referenced in this Agreement is the City's best estimate of the costs for professional planning 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 the Reimbursement Services are less than the estimated costs, City will refund the difference between the actual and estimated costs. 2. STATEMENT OF WORK TO BE PERFORMED The amount reimbursed to the City pursuant to this Agreement will help defray the cost of professional planning services required to prepare an Environmental Impact Report 01agreeiposefdonl3l6 Ol 2 Report for Developer's project as set forth in Section 1 herein. City shall furnish Developer with a copy of any agreement for services to be paid from the deposit provided herein. Developer shall be permitted to submit to City technical reports related to the Environmental Impact Report. 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 assigned to Developer's various development projects. C. Shall be deemed to impose any liability on the City different from any liability as may otherwise be established by law. 4. TIME IS OF THE ESSENCE City and Developer agree that time is of the essence for the professional planning services to be funded pursuant to this Agreement. 5. TERMINATION OF AGREEMENT Either party may terminate this Agreement at any time with or without cause, upon ten (14) 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. Upon termination the unspent amount of the deposit shall be promptly returned to Developer. 00agree1poseidon/219101 3 6. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to Developer's agent (as designed herein) or to the City's Planning Director, 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 Services, addressed as follows: TO CITY: TO DEVELOPER: Howard Zeiefsky Ms. losie McKinley Director of Planning Poseidon Resources Corporation City of Huntington Beach 3760 Kilroy Airport Way, Ste. 260 2060 Main Street Long Beach, CA 90606 Huntington Beach, CA 92648 7. TERM This Agreement shall be effective on the date of its adoption by the City Council of City. This Agreement shall expire when terminated as provided herein. This Agreement may be extended by mutual agreement. REST OF PAGE NOT USED 0 1 agree:poseidon'3:2/0' 4 S. ENTIRETY This document sets forth the entire Agreement between the parties concerning the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. POSEIDON RESOURCES CITY OF HUNTINGTON BEACH, CORP O IOI�, a Delaware corporati a California municipal corporation By: Tern Walter oVA-12,A Mayor eatiiee President ATTEST: L y: i City Clerk 03; 2 -A Andr Kin 'an, l Chief Financi Officer APPROVED AS TO FORM: 2: REVIEWED AND APPROVED: 11orney I 1 6cl� lot City Ad nistrator INITI TED ND APPROVED: Subscribed and Sworn to before me a Notary HZ— Public, in and for County of Director Tanning and State of Connecticut, this `. .. day of .......�MP �ub1iC My Commission Expires July 31, 2003 00agrecfposeidon'2 TO1 5 RCA ROUTING SHEET INITIATING DEPARTMENT: Planning ` SUBJECT: APPROVE A PROFESSIONAL SERVICES CONTRACT WITH RBF CONSULTING FOR PREPARATION OF ENVIRONMENTAL DOCUMENTATION FOR THE POSEIDON SEAWATER DESALINATION PLANT AND A REIMBURSEMENT AGREEMENT WITH POSEIDON RESOURCES CORPORATION FOR PLANNING SERVICES COUNCIL MEETING DATE: March 19, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attorne Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form PY 22 Attorne Not Applicable Certificates of Insurance (Approved by the Cit Attorne Attached Financial Impact Statement Unbud et, over $5,000 Attached Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff 3 Assistant City Administrator Initial City Administrator Initial Q Lpity Cleric .EXPLANATION FOR RETURN OF ITEM: SpaceOnly) 3. G G 3