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HomeMy WebLinkAboutRBF Consulting, Inc. - 2007-07-20 as Council/Agency Meeting Held: Deferred/Continued to: App ved ❑ Conditionally Approved ❑ Denied Cit ler ' Sig e re Council Meeting Date: November 5, 2012 Department ID Number: PL12-024 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve and authorize execution of Amendment No. 1 to the Professional Services Agreement with RBF Consulting for the preparation of an Environmental Impact Report for the Closed Gun Range Site Statement of Issue: Transmitted for City Council's consideration is Amendment No. 1 to the Professional Services Agreement with RBF Consulting for the Preparation of an Environmental Impact Report for the Closed Gun Range Site. Financial Impact: An appropriation of $72,000 from fund balance in Gun Range Fund 225 into Gun Range professional services account 22545001 .69300 for completion of the environmental work required as part of the RBF contract extension is necessary. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and RBF Consulting for the Preparation of an Environmental Impact Report" to extend the original agreement to August 2014 and provide additional services in an amount not to exceed $35,000; and, B) Authorize the appropriation of $72,000 from fund balance in Gun Range Fund 225 into Gun Range professional services account 22545001.69300 for completion of the Environmental Impact Report. Alternative Action(s): Do not approve and direct staff on how to proceed. HB -41 7- Item 13. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 11/05/2012 DEPARTMENT ID NUMBER: PL12-024 Analysis: In 2007, the City hired RBF Consulting to complete an Environmental Impact Report (EIR) for the cleanup and reuse of the former gun range in Huntington Central Park. The City conducted a formal competitive recruitment process prior to selecting RBF. Since that time, RBF has completed a Notice of Preparation of a Draft EIR and Initial Study in 2009. In addition, a Remedial Action Plan (RAP) for the cleanup of the gun range site was finally approved by the Orange County Health Care Agency in 2011. Subsequently staff realized that the contract with RBF has expired. Due to the amount of work that RBF has already completed, staff is recommending that the term of the original contract be extended until August 2014 to allow for completion of the EIR. Staff is also recommending that an additional $35,000 be added to the contract to pay for additional services and provide a contingency budget. There is adequate funding in Gun Range Fund 225, which can only be used for the gun range site, to cover the completion of the EIR. In order to finish the EIR, an appropriation of $72,000 from fund balance in Gun Range Fund 225 into the Gun Range professional services account is needed. This will provide enough money to pay the balance of the original contract plus the requested augment of $35,000. The additional services include the preparation of a traffic study to allow the City greater flexibility in the future development of the site, the completion of a greenhouse gas analysis, and an update to a previously prepared biological study. Upon approval of the contract amendment RBF can continue to work on the EIR which could potentially be completed for public review in six to eight months. Environmental Status: Projects over which public agencies exercise ministerial authority such as a contract for preparation of environmental documentation are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1 Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. "Amendment No. 1 to Agreement Between the City of H EME untington Beach and RBF Consulting for the Preparation of an Environmental Impact Report" 2. 2007 Professional Services Contract Between the City of Huntington Beach and RBF Consulting for the Preparation of an Environmental Impact Report. Item 13. - 2 xB -418- ATTACHMENT # 1 AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITE' OF HUNTINGTON BEACH AND RBF CONSULTING FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT THIS AMENDMENT No. 1 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and RBF CONSULTING, a California corporation, hereinafter referred to as CONSULTANT. WHEREAS CITY and CONSULTANT are parties to that certain agreement dated August 20, 2007, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RBF CONSULTING FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT," which shall hereinafter be referred to as the Original Agreement; and Since the execution of the Original Agreement, CITY has requested additional work from CONSULTANT and CONSULTANT has agreed to perform such work; and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. EXTENSION OF TERM Effective as of August 20, 2010, the Original Agreement is hereby extended, and shall now terminate on August 20, 2014, unless further extended by mutual written agreement of the parties, or sooner terminated as provided in the Original Agreement. 2. ADDITIONAL WORD CONSULTANT shall provide to CITY such additional services as may be required by CITY to complete the Project set forth in the Original Agreement. 12-3413181863 1 3. ADDITIONAL, COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, CITY agrees to pay CONSULTANT an additional sum not to exceed Thirty- Five Thousand Dollars ($35,000.00). The additional sum shall be added to the original sum of Two Hundred Twenty-four Thousand Three Hundred Thirty-one Dollars ($224,331.00) for a new total contract amount of Two Hundred Fifty-nine Thousand Three-hundred Thirty-one Dollars ($259,331.00). 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on 0�/Q d/L/J7.��'{ &1,1— , 2012. I W 6 RBF CONSULT, a California corporation CITY OF HUNTINGTON BEACH, a California municipal corporation By: C Name Glenn Lajoie Mayor (type or print) Its (circle one)Chainnan/President/Vice President AND ity Clerk lt'1 INITIAT AN P VED: By: Name Michael Valenza irecto of 1 ing and Building (type or print) Its(circle one)Secretary/Assistant Secretary/Chief Financial Officer/Assistant Treasurer APPROVED AS TO FORM: { 2 'ty Attorney U REVIEW APPROVED: td'i y anager 12-3413/81863 2 CITY OF HUNTINGTON BEACH Professional Service Approval Form t Amendment # 1 1. Date Requested: June 21, 2012 2. Contract Number to be Amended: N/A 3. Department: Planning and Building 4. Requested By: Ricky Ramos 5. Name of Consultant: RBF Consulting 6. Amount of Original/Prior Contract: $224,331 7. Additional Compensation Requested: $35,000 (includes additional contingency funds). 8. Original Commencement Date: Aug. 21, 2007 9. Original Termination Date: Aug. 21, 2010 10.Extended Date Requested: Aug. 21, 2014 11.Reason for Contract Amendment: To extend expired contract and augment contract amount to cover additional work needed/provide a contingency budget to allow the EIR to be completed. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13.Business Unit and Object Code where funds are budgeted: 22545001.69365 Department Head Signature Director of Finance (or designee) Signature DATE(MM/DDIYYYY) ® CERTIFICATE OF LIABILITY INSURANCE 07N22012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the w certificate holder in lieu of such endorsement(s). PRODUCER CONTACT '�6 NAME: Aon Risk services Central, Inc. PHONE (966) 283-7122 FAX (847) 953-5390 m Pittsburgh PA Office (AIC.No.Ext): A/C.No-: a Dominion Tower, loth Floor E-MAIL a 625 Liberty Avenue ADDRESS: _ Pittsburgh PA 15222-3110 USA INSURER(SI AFFORDING COVERAGE NAIL# INSURED - -"INSURER A -- -Liberty Mutual Fire Ins CO - - 23035 ----- ` RBF Consulting PO Box 57057 INsuRERe: Liberty Insurance Corporation 42404 Irvine CA 92619-7057 USA INSURER C: Lloyds syndicate No. 2623 1128623 INSURER D: INSURER E. INSURER F: COVERAGES CERTIFICATE NUMBER:570047046029 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested I SR TypE OF INSURANCE ADD S BR POLICY NUMBER POLICY PO IC EXP LIMBS _ LTR INSR WVD MMIDD MM/DDIYYYY A GENERAL LIABILITY TB 6810 1 06 30 2 12 06 30 1 EACH OCCURRENCE $2,000,006 _ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $], 000,000 PREMISES a occurrence CLAIMS-MADE X❑OCCUR MED EXP(Anyone person) S5,000 X Contractual PERSONAL&ADV INJURY $2,000,000 0 X BFPD.XCU GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 17 POLICY X JE PRCO X LDC o I I Ir A AUTOMOBILE LIABILITY As2-681-004145-722 06/30/2012 06/30/2013 COMBINED SINGLE LIMIT $1,000,000 Ea—ident _ X ANY AUTO BODILY INJURY(Per person) o Z ALL OWNED SCHEDULED BODILY INJURY(Per accident) m AUTOSAUTOS ED AUTOS PROPERTYDAMAGE V X HIRED AUTOS X (Per accident) — B X UMBRELLALIAB X OCCUR TH7681004145682 06/30/2012 Ob/30/2013 EACH OCCURRENCE $10,000,000 O EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION 110,000 B WORKERSCO MPENSATIONAND wA768DO04145692 06/30/2012 06 30 2013 WC srnru- oTH- EMPLOYERS'LI Y/N ADS ABILITY X TORY LIMITS ER ANY PROPRIETOR/PARTNER I EXECUTIVE E.L.EACH ACCIDENT $1,000,000 B OFFICERIMEMBEREXCLUDED? �NIA WC7681004145702 06/30/2012 06/30/2013 (Mandatory in NH) WI E.L DISEASE-EA EMPLOYEE $1,000,000 If Dyes, IPTI N under E.L.DISEASE-POLICY LIMIT $1,000,000— Oyes,de DESCRIPTION under OPERATIONS below c E&O-PL-Primary Qc1202675 06/30/2012 06/30/2013 Per Claim $5,000,000= Professional & Pollution Aggregate $5,000,000 SIR applies per policy terns & condi ions DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks SchedUle,if more space is required) q ' Re: All operations as performed by Named Insured. cityy of Huntington Beach, its agents, officers, and employees are Additional Insured as respects to General Liability as required by written contract. Primary and Non-Contributing coverage applies to CL as required by written contract. ' KPP OVER AS TO FORM: CERTIFICATE HOLDER CANCELLATION - SHOULD ANY O THE ABDVE DESCRIBEf POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach AUTHORIZED REPRESENTATIVE + 3ustin Vessels �..d 2000 Main Street �1 ��c• / ��yi� Huntington Beach CA 92648 USA LYE c%%Gri�cfirXc�O U O� cY-Xaaz �inLt2/s ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 199ZH'!1604USI t7g033 T1418 RNDORSM4P- T CKANGES THF-POLiM PLEASE RFC IT CAREFULLY. BLANKET ADOMONALINSURED This"„ate*MMtnmdiEea 6amaaccptat4dcd under the falbwiq; CO CJ-AL GINMALLEil3ILWCnr .L-O)L%j SEC€TON€I-WHO IS AN INSURED is atnwded co indude as att iescaedarsypecaoaor orgusszSdm toe whom you him agreed in avritiag cogmvidaltahilityias• But: no 6wrance provided by d,is&co= n=;: I. ltpplier aatiy ro"litxLly injury or"pmpee►g dacsqge'aritittg oat of(a)"your wttW or(b)Pew'ses or adterpenpeny owned' by oe rrnted to yoa; . ?. AApba tmlq rn carnage atidl otutimtan tetnira of imsasx==qui=d by the written agcccmcxr,bat 6 no ascot excv-6 cd&rx them scspa Of eoveraga et the bruits of kattimace prodded by dt s pcl'ap;and S. Maav cot applymaeypersonotor$uiz u=forwhomjog wh;""••"wc a is elfccc,reg�ess of otitetkrer dm scope of eosYtvgt oe tanits of seuaffieccafd►is pe>iey eaxeed r&osc vG tuck other Si€sacartec ar mhedter saseharherinaaraficaia vafid and coliesz mO, The foDowinggrnaimaas alm aPPIY- I. Whastthaappkah3e wrtaen agrmnenc tutluirtis tisei>ssuted topta�rideliataTup&sura,ee att a peienaty,pY„�i¢,ernatsegvty ax asy adxr hams,61s pokTuM epply mokly eta the bass regvicnd by suck wzitixtt xgacate.•u and k=a.OdycrIanu=4 of SELMON T V of dtic poky wig not apply- 2. Whm the 3pp6rable wtinaa nge w n[does not speafy an whar bans die Gaba4� »+pill apply.the pmriai=of Item 4.Odtez fasurattea of SBCIION M a dih policy wM govmm 3 '.'M6 endamenoatt sh&norappty ra any petton or a$uvxzdm far any`bcm*ioW or"property damage'if any o&er 2ddiioud imusrd cndoss=mt as dais poficy apples m duc pets=or mgmindonwich rcgud to the"bodily iu�iq'or "p-perty dan-e% 4. If aey c&=additiottaf imutcd endaaanmr applies to attypereort ox aeration and YOU am obligated vad 1 a wattca agitemeru to provide 3iaba7ig iastasanet on n priaury,�eeess,tatat&rffiett4or attyother bens Ex that&dditimal kmamd,chit£ pahry will apply s**an tka haws required by such wxi agrec.=nx amI€ttrm4.Other Imttrx co of%ErMON IV of this poticy wo not apply;regudless of wbathar tlta person or mgaaitatiaa bra milaNaothtrvilid and wlitcable ksim cc. If the applicable wtimm agrwm=t'=nor Vcdfy an what hrsis the I sb&ty kniaum will sp*tha ptavisitnu of Item# Other Iasumice of MMON€V of this PP&T Will gavera. Iltiaeadmvmocsrxccu Ydw LIMRT•YItdLI'CI:IALFIREINSURiLNGECOAQANY lsftu�-,t s Lfic�vc gatr m�i—n I9atc IaeatsaelmmtsorIlta ZB2-681—OO4145--712 htadt Hun ' tsaued"1b Catmtas:ta"z'S➢ _._ SsEc dfuavod lam led.Sonal Na l$ LN so 03 85 ATTACHMENT #2 Hii -425- Item 13. - 9 ` , � ` PROFESSIONAL SERVICES.CONTRACT BETWEEN . ....THE CITY OF HUNTINGTON-BEACH-AND. RBF CONSULTING,34C. FOR THE PREPAR-A-TI �NWIRQNMENTAT.IMPACT REPORT ' ' -`''- ' -- ' ''' -'- - - --- - -- ' - --- ' -- - '- -_- -- ---- Table of Contents 1 Scope of Services -----------'---'---'-�'---_--'-_---r,.^--''---'-1 2 City ' . _____._,^___.______.,'___.---.,----_,.-_.._--'.2 3 ._...___._-_-.-_r,-__.-__.----'.'--'-'--'--.J 4 Compensation.______,..,_..,,____-_'__'.,__^_____'~...--..___-----'..2 5 Extra Work...............__---_-_--'----'-.---~'--_'_..------'--'-._-_'..% 6 Method of Payment..--'-_-.--_~-'-_----_.....-'-.-'...--'---.-----_''3 7 Disposition of Plans, Bnbrzabesuzod Other Documents...........................................3 8 Hold Harmless ...... 9 Professional Liability Insurance.--..--'_----'_-------''-----------'4 10 Certificate ofInsurance........................................... .-........................ ---.~--'-..5 ll _._--._.---'_-'-----------..--._'~-.-.---.--/6 = ` ` 12 1ezooizatiou4 Agreement.--.-.-'.-'--.-_---_-..-'_-.------'--'.--'.6 13 ..'.......................................'.....'..'./6 14 - ............., ...................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 -__ 18 Modification..............................................................................................................8 19 Section Headings ----------'-.---.-.-_..-_...----.---.---------~8 20 � this '' -_..--_-~-.-------_--_- ........................... 21 Duplicate Original..... 9 22 ... --..-------._--_--__._-_----...-_ ..-..-...---'-.._..9 23 Legal 8erviocn Subcontracting Prohibited................................................................9 24 Fees.......... ....... -_..._~------'--.�-'--'_'----...--_._----'-_l0 25 Survival-.-'-.._._----___,.____-.._,,--.'-'--'._--�'-...--.--.--'lO 26 GoverningLaw................................................. ............ ......................... -................l0 27 -_._-,.'.-.--------.--___-. ........... ' � JUL�AU � � ��~^ _ _ or-1coo1mo U+�,�` 1 � 1 /� �^�^^^ ^�' - ^" 1413 -426- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RBF CONSULTINqjD4C.FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT THIS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, and RBF CONSULTING, , a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CTTY desires to engage the services of a consultant to prepare an Environmental Impact Report for the closed Gun Range site;and Pursuant to documentation on file in the office of the City Clerk,the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to. procurement of professional service contracts have been complied with;and CONSULTANT has been selected to perform these services, NOW, THEREFORE,it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"PROJECT." CONSULTANT hereby designates Alan Ashimine, Project Manager, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement, City of Huntington Beach JUN 2 8 2007 07-112NI1983 l I B -427- Item 13. - 11 2. CITY STAFF ASSISTANCE ............ .. .. . . CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM:TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on August 21,2007 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date,unless extended or sooner terminated as provided herein_ All tasks specified in Exhibit "A" shall be completed no later than August 20, 2009 from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule'may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses,not to exceed Two Hundred Twenty Four Thousand Three Hundred'Dirty One Dollars($224,331.00). S. 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 07-1 U3/11983 2 Item 13. - 12 HB -428- 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 "E." 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 ft. However, use of such material by CITY for project(s)not the subject of this Agreement shall be at CITY's sole risk without legal liability or exposure to CONSULTANT. 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) 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 07-1123f11983 3 1413 -429- Item 13. - 13 or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost ........ .......... and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall_apply to all,_claims.and'liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 4. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy finther 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 1 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. 07-1123/11993 4 Item 13. - 14 HB -430- 10- CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A- provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and. C. shall promise that such policy shall not be suspended, voided or canceled by either parry, 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 farce 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 07-1123/11983 5 HB -431- Item 13. - 15 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 in accordance with generally accepted standards of care applicable to similar professionals in the similar geographical area. 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 ether 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. 07-1123/11993 6 Item 13. - 16 HB -432- 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 RBF Consulting . ATTN: Director of Planning ATTN: Alan Ashimine 2000 Main.Street 1.4725 Alton Parkway Huntington Beach, CA 92648 Irvine,CA 92618-2027 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. o7-1123/11ss3 7 1-113 -433- Item 13. - 17 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 arc 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. 2o. 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 said 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 07-1123111983 8 Item 13. - 18 HB -434- 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, 07-1123/119M 9 HB -435- Item 13. - 19 each party shall bear its own attorney's fees, such that the prevailing party shall not be bl. .. .... I 1. 1. . . ........ .........._.. __ entitled to recover its attorneys fees from the nonprevailing party. 25. .. - SURVIVAL Terms and conditions of this Agreement, which by_their.sense and context survive the expiration or termination of this Agreement, shall'so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to .executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement_ This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement,and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 07-1123111983 10 Item 13. - 20 HB -436- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on Sr C96 ,20PZ- RBF CONSULTING ':?j. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of a Cahforiva By: print name _ ITS: (circle one)chairrnan/Presiden ioe President or AND B : City Clerk Sz print name INITIA D ND APPROVED: rrS: (circle one)SecretaryCieffiEnancial�Offi)/Asst.. Secretary-Treasurer t)ire&f of Planning REVIEWED AND APPROVED: APPROVED AS TO FORM: ~�ity Admtm strato City Attomey AV- o7-1ia3111M 11 HB -437- Item 13. - 21 EXHIBIT "A" A:.. . ...STATEMENT OF WORK: (Narrative of work to be performed) RBF Co o t ag will prepare an Environmental Impact Report for the closed Gun Range site. A copy of the scope of work is attached. B. CONSULTANT'S DUTIES AND RESPONSIBII.PI'IES: 1. See attached scope of work 2. C. CTIfVS DUTIES AND RESPONSIBILITIES: 1. Consultant will perform as an.extension of staff. 2. City will make timely payments as outlined in Exhibit"B." D. WORK PROGRAM/PROJECT SCHEDULE: See attached scope of work jmp/conUmts groupfcxV6113/07 Item 13. - 22 HB -438- j, Proposal for Consulting Services Environmental Impact Report for the Closed Gun Range Site II. SCOPE OF WORK The following Scope of Work has been prepared pursuant to the Information contained in the Request for Proposal and subsequent information received from the City. The cost estimate,which is itemized according to task and issue, is presented in Section IX.. 1.0 PROJECT SCOPING 1.1 PROJECT KICK-OFF AND CHARACTERISTICS The EIR work program will be initiated with a kick-off meeting with City representatives to discuss the project features in greater detail. This initial meeting is vital to the success of the CEQA process and will be a key milestone in order to confirm the parameters of the analysis,project constmctiori program,proposed buildout conditions,scheduling and overall communications. Prior to the kick-off.RBF will distribute a kick-off meeting agenda and detailed memorandum,which will identify information needs. Based upon the detailed project information obtained A the project kick-off,RBF will draft a preliminary project description for review and approval by City Staff. 1.2 RESEARCH AND INVESTIGATION RBF will obtain and review available data forthe 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 Agerdes,the Southern California Association of Governments(SCAG),Orange County Health Care Agency and all other agencies which maybe affected by the project. This information,along with environmental data and information available from the City and other nearby jurisdictions,WE becxxne part of the foundation of the EIR and will be reviewed and incorporated into the analysis,as deemed appropriate. 1.3 AGENCY CONSULTATION 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 NOP and Public Sloping session meeting(►efertoTask 5.0 regarding public meetings)will provide that opportunity,RBF will conduct additional discussions with local,state and federal 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. 1.4 FIELD RECONNAISSANCE As a part of the early skoping for the project,RBF will conduct a field study of the she,reviewing existing land use and environmental conditions and conducting a detailed photographic recording of onsite and surrounding uses. Our extensive video resource capabilities will be utilized so that the entire RBF Team may have readily available site information during the course of the analysis. 1.5 PREPARATION OF THE INITIAL STUDY RBF will prepare the Initial Study for the proposed project in accordance to the CEQA Guidelines. 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. The main body of the document will consist of the City-approved environmental assessment form to act as the 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 environmental checklist. The Initial Study will also include mandatory findings of significance regarding impacts upon biological resources,long-term versus short-term goals,cumulative impacts,and direct and indirect impacts upon human beings. JN 10-105676.999 4 April 9,2007(Revised April 27,2007) xB -439- Item 13. - 23 J, Proposal for Consulting Services -. Environmental Impact Report for the dosed Gun Range Site ............. _...._ __._......._..._... _..... . 1.6 NOTICE OF PREIPARATION RBF will prepare,distribute,post and`file the NOP for the-EIR,Distribution will be based on a City-approved distribution list to be prepared by RBF in conjurK t o.n with City staff.This task includes certified mailing to a maximum of 40 notices to affected agencies and interested parties.fRBF assumes that posting in the local newspaper and radius mailing list will be provided by the City. Comments received in response to the NOP will be evaluated during the preparation of the EIR. Deliverables: ■ Ten(10)copies of the Screencheck NOP ■ Ten(10)copies of the Screencheck Initial Study Forty(40)copies of the NOP Forty(40)copies of the initial Study ■ One(1)electronic copy of the NOP in PDF format ■ One(1)electronic copy of the Initial Study in PDF format(indexed and searchable by chapter)and Microsoft Word format 2.0 . PREPARATION OF SCREEMCHECK DRAFT EIR 2.1 INTRODUCTION AND PURPOSE The Introduction willcitethe 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 EXECUTIVE SUMMARY RBF 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. 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 permits and'approvals which are required for the project based on available information. This section will include a surnmary of the local environmental setting forthe project. Exhibits depicting the regional and site vicinity will be induded in this section. An aerial photograph will be included within the Project Description.In accordance with the RFP requirements,all graphic,charts,tables,and maps with be prepared on 8%2'x 117white paper. 2.4 CUMULATIVE PROJECTS TO BE CONSIDERED In accordance with Section 15130 of CEQA,this section provides a detailed 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 into present a listing and description of projects,past,present and anticipated in the reasonably foreseeable future,even if those projects are outside ofthejwisdUon 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 will consultwith City staff and otherapplicable local jurisdictions to define the appropriate study area for the cumulative analysis,as described in Task 2.7. A 10-105676.999 5 April 9,2007(Revised April 27,2007) Item 13. - 24 xB -440- Proposal for Consulting Services Environmental impact Report for the Closed Gun Range Site 2.5 ENVIRONMENTAL ANALYSIS RBF 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(NOP responses,Public Scoong Meeting; and any other relevant and valid informative sources)vAl also be evaluated. The analyses wln be based upon all available data,results from additional research,and an assessment of existingtechnical data.These analyses will be performed by qualified Environmental Analysts,CEQA experts and Planners at RBF. The Environmental Analysis section of the EIR will thoroughly discuss the existing conditions for each environmental issue area,identify short-term and long-term environmental impacts amiciated 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. Aesdwtks,Ugh4 and Glare RBF 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 the adjacent uses. Project impacts will be addressed based on changing onsite aesthetics visible from surrounding roadways and locations. RBF Will incorporate discussion of architectural and.design specificatlons.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 v�nli._be provided wtuch will show onsite and surrounding views. This section will analyze potential view impairments to adjacent uses as a result of project implementation. The compatibility of the project to the surrounding area will be reviewed. RBF 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 will review and incorporate existing City policies and guidelines regarding light and glare for inclusion within the EIR. RBF will recommend mitigation measures to reduce potential aesthetic and light and glare impacts to the maximum extent possible. a. Air QuaW RBF will identify project-related air pollutant.emissions on both a short-term and long-term basis. This technical analysis will follow the protocol for assessing air quality impacts as contained in the South Coast Air.Quality Management District's (SCAQMD)CEQA Air Quality Handrboak. . . RBF will describe the meteorological conditions,discuss ambient air monitoring data collected forthe nearest monitoring station,and include a description of the regulatory framework relating to air quality(i.e.,California Clean Air Act,etc.). RBF will quantify construction-related emissions including equipment exbtaust,fugitive dust emissions,and emissions from soil hauling activities using URBEMIS2002.Construction pollutant emissions will be compared to SCAQMD thresholds and mitigation measures will be recommended to reduce the significance of emissions,where feasible. In addition,RBF will evaluate long-term emissions,quantify vehicular and area source emissions,address cumulative airquality impacts, checkforproject consistency with regional and local air quality plans,and qualitatively address global warming issues as they pertain to the global warming Initiative(Assembly Sill 32). Consistency with the SCAQMD environmental justice program and policies,.localized air quality_impacts on nearby sensitive receptors will also be evaluated as locaCized significant thresholds, RBF staff will perform a screening-level analysis to verify exemption of regional and local CO emissions utilizing the methodology prescribed by the b1C Davis Institute of Transportation Studies and the SCAQMD. RBF will recommend mitigation measures,as necessary. JN 10-105676.999 6 April 9,2007(Revised April 27,2007) HB -441- Item 13. - 25 Proposal for ConsLtting Services Fu Environmental impact Report for the Closed Gun_Range Site C. Bioiaglcal Resources Due+ w,o .a retained WTerra Consulting(BonTerra)-to- 06r6_a Aibiogia Constraints Report that-will provide a description of existing biological conditions on and immediately adjacent to the proposed project. BonTerra will conduct a`literature review to'deteriAne which species have been identified as special status by state, federal,and local resources agencies and,organizations and have a potential to occur within the project site or immediate vicinity. A field`survey will be conducted to map the vegetation types on the project site and a walkover survey to document existing-wildlife and vegetafon on the project site. -The`teport will include a description of the existing vegetation types and associated wildlife resources on the project site,the potential of the project site to support special status biological resources and potential biological constraints from project development. RBF All incorporate the Biological Constraints Report prepared by BonTerra into the EIR,utilizing the report's description of existing conditions,potentiai impacts,and mitigation measures to make appropriate conclusions under CEQA, 0. Geology and Soils Per the RFP, RBF will rely on the RAP and Geotechnical Report(to be prepared by the City's hazardous materials consultant)for use within the Geology and Soils secWn.l.RBF will also utilize U.S.Division of Mines and Geology data (geology and seismic maps)and U.S.Soils`Conservation Service Soil Survey maps. RBF wilt identify existing regional and site specific geology and soils constraints(such as compressible soils,landslide hazards,disruptions,displacements, compaction,or over-covering of the soil,and areas subject to subsidence),areas potentially subject io significant grading impacts,seismic hazards,existing topography,landform modifications,wind andlor water erosion potential of the soils on the project site and surrounding area and slope instability.Based on the results of the Geotechnical Report and RAP,RBF -- "------------will-recommrd-mitigation measures-to-reduceTotentiaHmpacts-to-tire-extend-feasible,such-aserDsion-control-aiteria-- --- and grading requirements,to ensure consistency with the grading standards/policies. It should be noted that RBF wilt summarize the information and findings contained in the City's Geotechnical Report and RAP,and will utilize the documents to make conclusions under CEQA,'However,:RBF will not be responsible for the technical accuracy or recommendations contained in either document E Land Use and Relevant Planning RBF will analyze the relationship of the project to all applicable ordinances and planning policies.The review will be based,in part,upon the MasterEIR for the MasterPlan of Recreation Uses for Central Park,SCH#97091007,verified August 2,1999,permits and reports provided by Hanson Aggregates West Inc.,as Well as City ordinances and policies including:1)the City of Huntington General Plan,and 2)the City of Huntington Beach Zoning Map,Municipal Code and environmental data available from the City of Huntington Beach,and County of Orange. The policy reviewwill include all goals and objectives contained in the City's General Plan. This Level of detail is consistent with recent environmental reviews conducted by the City. RBF will evaluate the appropriateness of the proposed uses at the project site in comparison to surrounding uses. The spatial relationship of onsite uses will be analyzed. The analysis wo d include a consistency review of the General Plan and zoning requirements. RBF will identify and analyze the consistencies and potential inconsistencies of the project with the surrounding uses. RBF 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. In addition, RBF will discuss the intensification of uses onsite and identify potential project and cumulative impacts to nearby residences and other sensitive uses. RBF will recommend mitigation measures to reduce potential impacts to the extent easible. JN 10-105676.999 7 April 9,2W7(Revised April 27,2007) Item 13. - 26 HB -442- °e."Iff Proposal for Consulting Services _ Erwirorsnental Impact Report for the Closed Gun Range site F. Noise RBF will evaluate potential noise impacts of the proposed project,focusing on changes in noise levels in the project area due to traffic changes along area roadways,onsite stationary noise sources,and overall changes in ambient noise levels associated with increased hurnan activity. RBF will review applicable We and City noise and land use compatibility criteria for the project area and review noise standards for the City of Huntington Beach for.land uses on and adjacent to the project sites._ RBF will also conduct up to sic short-term,approximately ten minutes, noise level measurements along the,proms area at separate locations to establish anticipated sound levels for potentially affected adjacent residences.: The noise measurements wall evaluate noise exposure due to traffic while accounting for local topography,shielding from existing structures,and variations in travel speed. Noise impacts from construction sources will.be analyzed based on the equipment,length of a specific construction task, equipment power tYPe (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels,hourly equivalent continuous noise levels,the frequency of occurrence at adjacent sensitive locations,and analysis requirements will be based on the sensitivity of the area and the Noise Ordinance specifications of the City. The proposed project is not anticipated to generate substantial new vehicular traffictrips from future growth.Noise related to vehicular travel will be qualitatively addressed based upon the field measurements and the data contained within the Master El R.Potential effects of existing off-site noise sources will be evaluated based on the City's land use compatibility standards. Compliance with applicable noise standards will be evaluated, with recommended mitigation measures irxauded vJhere appropriate. , G. Publk Health and Safety..: The EIR witl analyze the potential impacts of known lead contamination onsite associated with the historical use of the property as a gun range facility. An analysis of potential landfill gas issues will also be provided. RBF will address potential impacts to public health and safety based upon the RAP,HRA,the City's General Plan,General Plan EiR,and the Master EIR prepared for Central Park. RBF will identify existing site-specific hazards and potential hazards, constraints,regulatory jurisdictions and regulations. Based upon the RAP and HRA, RBF will recommend mitigation measures to reduce potentiall impacts to the extent feasible. It should be noted that RBF vAl summarize the information and findings contained i n the City's Geotechnical Report and RAP,and will utilize the documents to make conclusions under CEQA. However,RBF will not be responsible for the technical accuracy.or recommendations contained in either document. H. Public Services and INihtyes RBF will contact potentially affected agencies to identify relevant existing conditions,project impacts and recommended mitigation measures. Public services and utilities issues discussed include solid waste,fire, police,schools,parks and recreation,water,sewer,electrical,telephone,gas,and roadway,maintenance.Based on agency responses and RBF extensive experience with similar projects,RBF will recommend mitigation measures to substantially reduce or avoid potential impacts. 2.6 ALTERNATIVES TO TIME PROPOSED ACTION Pursuant to CEQA Guidelines Section 15126.6,RBF will provide an analysis of a°reasonable range'of aftematives(for budgeting purposes,RBF assumes four attematives),compa tG environmental impacts of each alternative in each impact area to the project For each alternative,R$F will provide an analysis of impacts to environmental resources. RBF will prepare a detailed quantitative review of one of the alternatives, which is assumed to involve a desigrkdensity modification. One important element of the Alternatives section will bean impact matrix which wil I offer a comparison of JN 10-105676.999 8 . April 9,=7(Revised April 27,2=0 FIB -443- Item 13. - 27 1, Proposal for Consulting Services ErrArotnnental teed Report for the Closed Gun Range Site the varying Levels of impact of each alternaWe being analyzed. This matrix will be prepared in a format to allow decision- makers a reterence that will be easily understood,while providing a calculated(where feasible),accurate comparison of each altern ivP The alternatives section will conform to both amendments to Section 15126.E of the State CEQA Guidelines and to recent and applicable court cases. RBF Ml discuss as required by the State CEQA Guidelines, the advantages and disadvantages of each alternative and the reasons for rejecting or recommending the project alternatives stated. This alternatives section will culminate with the selection of the environmentally superior alternative in accordance with CEQA requirements. 2.7 CUMULATIVE IMPACTS In accordance with CEQA Guidelines Section 15130,RBF will discuss cumulative impacts for each environmental issue area identified above,focusing on cumulative impacts and levels of severity in the project area at a quantitative and qualitative level. The analysis will include potential future development in the western portion of Huntington Beach. The analysis will focus upon cumulative impacts from recently approved andfor pending projects in proximity(cumulative project information to be provided as stated in Task 2.4). 2.8 GROWTH INDUCEMENT RBF will discuss potential growtWnduang 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,Califomia Department of Finance, Southem Califomia Associations of Governments and U,S.Census data. The projects impact upon the jobs/housing balance All be discussed and mitigation for any potential impacts will be recommended. ----- -- --------2-.9 ADDITIONAL SECTIONS . RBF 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; • Inventory of Mitigation Measures; • Inventory of Unavoidable Adverse Impacts,and • Organizations and Persons.Consulted/Bibliography. 2.10 GRAPHIC EXHIBITS The EiR will include a maximum of 20 exhibits to enhance the written text and clarify the proposed project environmentalimpacts.Using state-of-the-art computer design equipment and techniques,our in-house graphic design team will create professional quality dividers and covers for the EIR and Appendices. This Task assumes camera-ready base'maps are provided by the City. All exhibits will be S%"x 11"in size. Deliverables: ■ Five(5)copies of the Screencheck Draft EIR,Exhibits and Technical Appendices ■ One(1)copy of the Screencheck Notice of Availability • One(1)copy of the Screencheck Notice of Completion JN 10-105676.999 9 April 9,2007(Revised Aprit 27,2007) Item 13. - 28 H B -444- Proposal for Consulting Services Envirorvnental Impact Report for the Closed Gun Range Site 3.0 DRAFT EIR 3.1 COMPLETION OF THE DRAFT EIR RBF will respond to one complete set of City comments on the Screencheck Draft EIR and will prepare the report forthe required 45-day pubk review period In addition,RBF All prepare the Notice of Completion(NOC)for submittal to the Office of Planning and Research(OPR).RBF assumes that newspaper posting and mailing radius will be provided by the City. This.Scope of Work assumes that no new substantive issues will be raised by the City following Screencheck Draft EIR review. RBF will also work with the City to develop a distribution listing forthe NOC and Draft EIR. RBF will distribute the Draft EIR to applicable Federal,State,County,and Local agencies including the OPR1State Clearinghouse. Deliverables: ■ Eighty(80)bound copies of the Daft EIRI ■ Thirty-Five(35)copies of the Technical cal AppendicW ■ Eighty(80)copies of the NOC One(1)unbound camera-ready original of the Draft EIR,Exhibits and Technical Appendices ® One(1)electronic copy of the NOC in PDF format.. . ■ One(1)electronic copy of the Draft EIR in PDF format(indexed and searchable by chapter) and Microsoft Word format ■ One(1)electronic copy of the Draft EIR Technical Appendices in PDF format 4.0 FINAL EIR 4A RESPONSES TO COMMENTS RBF will respond to all comments received on the Draft EIR during the 45-day public review period,and any additional comments raised during public hearings. RBF 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. Following review of the Draft Responses to Comments, RBF will finalize this section for inclusion in the Screencheck Final EIR.RBF will distribute copies of the Responses to Comments to any public agency commenting of the Draft EIR per the requirements of CEQA, Per the RFR RBF has been conservative in estimating the work effort necessary to complete the Responses to Comments. Deliverables: ® Ten(10)copies of the Draft Responses to Comments 4.2 FINAL EIR The Final EtR will consist of the Responses to Comments,revised Draft EIR,and Draft EIR Technical Appendices. The Draft EIR will be revised in accordance with the responses to public comments on the EIR. To facilitate City review,RBF will format the Final EIR in redline st*eout with underlined text for any new or modified text,and strikeout any text which has been Meted from the Final EIR. RBF will prepare the Notice of Determination(NOD)for the proposed project and file it with the Catifomia State Clearinghouse and the County Cleric within five(5)days of EIR approval. Phis scope of work assumes that the City will be responsible for the California Department of Fish and Game(CDFG)NOD filing fee,If applicable. 1 Assumes 40 for C y use and 40 for distribution of the State Clearinghouse and County,State,and Federal Agencies. 2 Assumes 25 for City use and 10 for distribution to critical regulatory agencies. The remaining parties would receive the Teftical Appendices on CD. JN 10-105676.999 i0 April 9,2007(Revised April xB -445- Item 13. - 29 Proposal for Consulting Services FID Environmental Impact Re ortforthe Closed Gun Range Site Deliverables: • Two(2)copies of the Screencheck Final EIR • Fn_rt} (40)r p1mg of the Final FIR ■_ _____Twenty-Five(25)copies of the Technical Appendices ■ One(1)unbound camera-ready original of the Final EIR a. One(1)electronic copy of the Final EIR in PDF format(indexed and searchable by chapter) and Microsoft Word format ■ Two(2)copies of the Screencheck NOD One(1)electronic copy of the NOD in PDF format • One(1)NOD Filing 4.3 "FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RBF will provide administrative assistance to facilitate the CEQA process including the preparation of the Findings and Statement of Overriding Considerations(if necessary)for City use in the project review process. RBF 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 will submit the Draft Statement of Overriding Considerations and Findings for City review and will respond to one set of City comments. Deliverables: • Five(5)copies of the Draft Findings and Statement of Overriding Considerations ■ Five(5)copies of the Final Fmdingsand Statement of Overriding Considerations • =Wer;ons mera-ready original of the Final Findings andStatement of Overriding • One(1)electronic copy of the Final Findings and Statement of Overriding Considerations in —PDFformat Wexed-and-searchable-by-chapter)-and-Mic-roso#-Word-forma, 4A MITIGATION MONITORING AND REPORTING PROGRAM To comply with the Public Resources Code Section 21081.6(AB 32180),RBF will prepare a Mitigation Monitoring and Reporting Program (MMRP)to be defined through working with City staff to 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 MMRP 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 remarks.RBF will prepare a Draft MMRP which will be submitted to the City for review at the Screencheck Final EIR milestone submittal. RBF will respond to one set of City comments on the Draft MMRP. Deliverables: • Five(5)copies of the Draft MMRP ■ Five(5)copies of the Final MMRP ■ One(1)camera-ready Final MMRP ■ One(1)electronic copy of the Final MMRP in PDF format and Microsoft Word format. JN 10-105676.999 11 Apil 9,2007(Revised April 27,20M Item 13. - 30 HB -446- ;, a Proposal for Consulting Services Environmental Impact Re rt for the Closed Gun s Site 5.0 PROJECT COORDINATION AND MEETINGS 5.1 PROJECT COORDINATION Mr.Glenn Lajoie,A1CP,and Mr.Alan Ashimine,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.Lajoie and Mr.Ashimine will undertake consultation and coordination of the project and review the EIR for compliance with CEQA requirements and guidelines and City CEQA procedures. RBF staff will consul with state and local agencies regarding this environmental document. Mr. Lajoie and Mr. Ashimine will coordinate with all technical staff, consultants,support staff and word processing toward the timely completion of the EIR It is the goal of RBF to serve as an extension of City staff throughout the duration of the EIR project. As is stated in Understanding of the Project,RBF wil I be available to meet with staff to discuss particular project parameters,as required by the City. In addition, RBF will prepare monthly progress reports for the project which would be submitted with the monthly invoicing. Each progress reportwill include a summary of tasks performed and the percentage of worts completed to date according to individual task Deliverables: Monthly work progress reports submitted by RBF to the City. 5.2 MEETINGS RBF anticipates several meetings with City staff,including a kick-off meeting,progress meetings,public meetings and hearings. Mr.Lajoie and/or Mr.Ashi6ne,along with other key Project Team personnel,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 sixteen(16)meetings are necessary, services will be provided under a separate scope of work on a time and materials basis. e One(1)kick-off meeting with City staff a One(1)neighborhood or Public Scoping Meeting e Seven(7)meetings with City staff and/or the U y's hazardous materials Consultant Three(3)meetings with the Orange County Health Care Agency and/or additional regulatory agencies ® One(1)Planning Commission Study Session One(1)Planning Commission Public Hearing • One(1)City Council Study Session(in the event of an appeal) One(1)City Council Public Hearing(in the event of an appeal) A 10-105676.999 12 Apr9 9,2007(Revised AprU 27,2007) HB -447- Item 13. - 31 H � w l w N , i. Proposal for Consulting Services Environmental Impact Report for the Closed Gun ange Site III. PROJECT SCHEDULE ^10 Tas%Name Puratfdt _ •;` ^"M(=iertshy� bps Jun Jul ec Jmn_ Se Det Nov P Feb Msl Project Schedule 235 days! M 15,2007 April 7,2008 z Pra'ecl Kick-Off 1 da r 1 y i M iy 15,20Q7 May 15,2007 sns 3 Pi"intiwt or HRA(fry utillit a) 10 Wks M Fy 15,2007 .fitly 23,2007 4 Preparation of RAP(by others) 12 vrltcs Ju4ly 24 2007 October 15,2007 a Preparation of Gedechnicai Report(by others) 12 wf<sAugust 6,2007 i 1tt� s Preparaton of Biological Constraints Rt3<rat 4 wks y 15,2007 June it,2007I Froiect Description and Background Infaimaifon 2 wks y f 5,2oD7 May 28,2007 ,._ a NOPAnitial Study Preparation 4 Wks! M y28,2007;. June 25,2007 ,�-! s Publish and Circulate NOPAnitpaf Study f wk` Ju 28,2007 July 2,2007 10 30 Day NOP Plblic Review 30 adays° my 2,2007 August 1,2007 ? ..... EIRScoping Meeting 1 y, ty .20t37'.. .._ Juiy25,2007 7rxs 42 Preparation ol Soreencheck Draft EIR 10 wks, J ly 26,2007 October 3,2007 13 .._ ... .i. I ....... City Review of Saeenctieck(lydtl EIR 2 wks; Odober 4,20p7: October 17,2007 a CTJ t4 RBF Prepares Orafl HR 2 wks r 18,2007 October 31,2007 41 City Review of Draft SIR 1 wk: :Noverl er t 2007' November 7,2007 o�c l -CimAplvie,Publish,and Circulate Draft EIR 1 wic Nov er 8,Z007 November 14 20l}7 17 45 Day Public ReviewPoriod 45 edays: Novem� I 14 2007; December 28 2007 ie Preparation d Draft Responses 10 Comments by R13F 3 vrics` December M 2007` January 18,2008 r' . is _ City Review of Draft Responses to CommentsJanu�ry 21 2008; February 1,?�8 Preparationi of 8aeencheck Final EIR by RBF 1 wk j F ry4,2008- February 8,2008 21 City Review of 5aeencheck Final EIR 1 vrlc i Fetxu y 11,2008 Ferxtrary 15,2005 Publit Lion of Final ElR 5 days Fabsu 18.2008: February 22,2t108 - Planning Commission Hearing 1 day; ch 11,2008 tlAarctl 11,2008 aril" -z4 City CDunctl Hearing 1 Aiaq; 4prij 7 200t3 April 7,21705 srr Task, r,iPiii°iiFk`d!t'il!Iltii.. MReslcne' DtemalTashs , Ciosed Calm Rar>OG SIG A Da Pposol Oate: .,PP91 , . .,.., .. sunmtny ..� ExternalAPoestare. Y . Apra 3,2007 progress proed amm Dy Deadline lime:This cconnplual EAR Sche&Ae is lrx demonstration purposes only and is suhled 10 chang& fits sahedtBe assUmes a foprrel notlos to Wm."dIn mtd-Mey 2M. JN 10-105676.999 j3 April 9,2007(Revised Apt 127,2007) `,N Proposal for Consulting Services Environmental Impact Report for the Closed Gun Range Site M PROJECT TEAM The following are brief background descriptions for the key professionals who would be responsible for preparing the EIR. An organizational chart has also been provided in this Section. The percentage of hours of each staff member and individual tasks are included in the Fee Summary contained in Section IX. Glenn L*le,A1CP Project Assignment:Project Director Mr.Lajoje is the Environmental Planning Manager and oversees a team of over 20 professionals in Irvine. Mr.Lajoie's primary responsibilities include oversight of daily operations, management of projects,staff mentoring and instruction, scheduling,and business development. With 20 years of practical experience,Mr.Lajoie is a r9eogn1zed leader in CEQA and NEPA studies(EIRs,EI%Negative Declarations,Environmental Assessments),as well as other policy planning documents,Including General Plans,Area Plans,Specific Plans,and due diligence studies. Projects have ranged from private entitlement applications related to residential and commercial projects as well as a vadety.of water,wastewater, highway,and redevelopment projects throughout California. Project responsibilites include analysis,technical review and management of environmental and policy planning documentation for compliance with CEQAJNEPA,implementation of public participation programs,and assistance to various public and private sector clients in meeting the requirements of local,State,and Federal agencies. Alan Ashimine Project Assignment Project Manager Mr.Ashimine graduated from the University of California,Irvine,with a Bachelor of Arts Degree in Environmental Analysis and Design and a minor in Urban and Regional Planning. As a Project Manager/Environmental Analyst at RBF, Mr. Ashimine prepares Environmental and Planning studies for public and private sector clients der the CEQA. Mr. Ashimine has extensive experience in the research,analysis,and writarg of CEQA doraumentatikm for a variety of projects involving infrastructure,redevelopment,residential,and industrial uses. Utilizing his broad background and understanding of environmental constraints, he provides technical and CEQA compliance review and environmental documentation including EIR's and Initial Study/Mitigated Negative Declarations(IS/MND). Mr.Ashimine's relevant experience includes serving as Project Manager/Analyst for the Gun Range Remediation Project EIR in Huntington Beach,the Seawater Desalination Project at Huntington Beach,the Southeast Coastal Redevelopment Project EIR in Huntington Beach,and various industriatlinfrastructure projects ranging from water recycling plants to wastewater reclamation plantstpipelines. Michelle Dunn Project Assignment:Environmental Analyst Ms.Dunn prepares environmental compliance studies under CEQA for both public and private sector clients. Ms.Dunn's experience includes residential,infrastructure,coastal,and industrial projects,among others. Through her experience in analysis, research,and writing of environmental impact documentation,Ms.Dunn provides comprehensive services to assist Clients in project compliance review. Ms.Dunn's related project experience includes serving as art environmental analyst forthe Seawater Desalination Project at Huntington Beach and several industrialfintrastructure projects involving complex hazardous materials,air quality,noise,and traffic issues. Richard Beck,RFA Project Assignment: Hazardous Materials Review Mr.Beck assists in the preparation of environmental and planning studies for public and private sector clients,with a focus on due diligence planning activities, As the Regulatory Coordinator at RBF,Mr-Beck is involved with regulatory permit processing pursuant to Sections 404-and 401 of the Clean Water Act(CWA)and Section 1600 of the California Fish and Game Code. Included in this area of study, Mr. Beck also conducts jurisdictional delineations and acts as a liaison between public and private sector clients and State and Federal regulatory agencies. In addition to regulatory issues,Mr. JN 10405676.999 14 Aphl9,2007(Revised April 27,2007) HB -449- Item 13. - 33 LOAM Proposal for Consulting 5ervtces Environmental bract Report for the Closed Gun.Range Site Vill. STATEMENT OF FINANCIAL CONDITIONS _ --.. -- therein. Progress billings will be forwarded based on payment criteria established by the City. These billings will include the fees eared for the billing period. The City shall make every reasonable effort to review invoices within fifteen(15)working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. The budget provided within the proposal shall apply for a period of one year from execution of the contract between the City and RBF. Because of annual increases in costs associated with inflation, staff wage increases,and increases in direct costs,RBF will increase those portions of the contract fee for which work must still be completed after one year by fifteen percent(15%). Deviations or modifications from the Scope of Work will result in potential re-evaluation of the associated fees, Items not specifically stated in the proposal will be considered an additional work item. AU.work will be.performed at a Not to Exceed contract price,which wilt become the fixed price upon completion of negotiations with the City Staff authorized to negotiate and agreement The total budget includes all miscellaneous costs for travel/mileage,reproduction,telephone,postal,delivery,reference materials and incidental expenses. Should the City require additional copies of the Administrative Draft, Draft and Final Documents,RBF Wit provide a cost estimate to the City and provide direct cost billing. JN 10-105676.999 20 April 9,2W7(Revised April 27,2007) Item 13. - 34 HB -450- EXMIT "B" Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: .See attached-rate sheet-and payment sclied1dea B. Travel 1. 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. As CITY sometimes. uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs.. .,Subject to agreement otherwise, CONSULTANT will be held to charging no fees on travel time to or from Huntington Beach. 3. Automobile expenses are limited to the IRS standard business mileage rate. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen(14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY, without prior written consent of CITY. C. Billing 1. All billing shall be done monthly in one-fifteenth-hour (0.15) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the case or matter. 3. Telephone,cellular phone and postage charges are billable at actual cost A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or agree/fo=/exB-hourly fW6/13/07 EXHIBIT B 1 Hourly Payment HB -451- Item 13. - 35 EXHIBIT"B" Payment Schedule(Hourly Payment) charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication,or Ten Cents ($0.10)per page, whichever is less 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for..secretarial tasks or tasks that should be subsumed into CONSULTANTs overhead. For example, time spent for faking, mailing, arranging for messengers and calendaring are not acceptable charges.` 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 7. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. S. 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. 9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANTs firm that the work has been performed in accordance with the provisions of this Agreement;and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an 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 aUce/formsrcX8-hourJyfceJ6/13ro7 EXHIBIT B 2 Hourly Payment Item 13. - 36 HB -452- E)WIBI'T "B" Payment Schedule(Hourly Payment) 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. 10. 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 egme/forns/axB-hm ly fee/6/13V EXEBIT B Hourly Payment HB -453- Item 13. - 37 ,A foe Proposal for ConsWting Services Environmental IMBad Report for the Closed Gun Range Site IX. BUDGET L IfLa E.T. N.D. AIA. GFA Taal Subs Repm Taw Iva 1* 1 guru cost 1.0 PRIDJECT SCOPM 1.1 PmjDa Krk-Off and Pwied Characwishm 6 1 53 510 1.2 Raseamb and 4 6 4 14 5t,9� 13 consuboon 2 S1,170 1 �.4 Field 6 s S3040 1.5 hAmfim Of I*w1w sujy 4 12 A 0 $4 55;71D 1.6 KakeofPneparAm 1 1 1 3 $420 D*oeraides 0 Sim S1,S1 2,0 PREPARATION DF SCREENCHEU mAFT ER 0 $D 2.1 4*0doebw and Pupose 1 2 6 9 S1,025 22 ExwAve Stanwary 2 2 10 14 SIVO 23 16 24 521M 2.4 Cumakahe Pmjwm to be Coneiderad 1 2 6 0 1 $1,025 25 En*wm mbl Ara 'c I DI I 90 A Aesthetics,LkA aril Glare 1 6 36 1 431 1 S4,395 B_Air QualRy 1 4 20 60 851 1 S9A15 C.B' Resojmn t 6 20 27 $21875 D.Gedm and Sons 4 $5.360 E.Land Use and Relennt 2 4 4D 46 S4,710 F,14690 1 4 20 60 85 S9,015 G.Pabkyt and 4 24 24 32 84 S4,500 $14,560 N.Pak Servioes and U1r65es 1 < 46 5o $4,990 2.6 Ansnamre to the Pmposed Achm 2 16 24 42 $4.750 2.7 Ozmdativ kVam 1 2 is 1 19 S1 75 2A Gmwm Wooement 1 2 20 1 23 1 $2,355 29 AdditaWSe*ns 1 2 19 Mn 2.10 E*r'bls 1 4 29 33 S2,535 DAwfobes 0 $1.000 51AM 2.0 DRAFT EIR D SD 3.1 Com laon of Iha DraA E6t 8 24 4 4 40 4 4 as 510,160 -- -- DST 57f10 0 FINAL BR 01 $0 4.1 to Comments B 328 16 70 8 4 1 $18 510 Der(verables N S500 $SM 42 Fnal EER 2 8 1 20 301 S1,33D Dellimmbies a $5.000 $5,000 42 Fadin tdf0vsrrid C=klera6oas 1 4 16 21 S2,235 C $400 5400 4.4 VAgMnMwMrhgaWRwpordngPtogram 1 2 12 15 $1,595 D*mablas 0 PM $400 5.0 PROJECT DOORDIHATION AND NEWS 0 s0 5.1 pmod Cw6mlim 40 120 80 240 S31TOW 2 MOOCO 4 90 1 1 40 17 23300 TOTAL HOURS 146 426 40 570 203 44 1 Facardc47otal Labor ls 9.7% 28.4% 2-7%1 4. 38.0% 13.9% 29% SUBTOTAL LABOR COSTS S28.470 555.250 S5MI S6500 $54.15C S19,760 $Z,660 S4.500 $16.300 S195,070 Tt7TAL LABOR COSTS $195—On 15%COHTMOCYBUDGET 529261 TOTAL BUDGET UK331 G.L=Glem1 Lajas M.D.=AOdwh Dunn E.T.c Eddy Tones AA=Alan Ashkim RB.=RaW Beck AA4.=Achiks Malism GrA=Gr4)tkMW 1VoW-A0 aork WIN be per(amed ata%a b mosed'mr&acl price,vtpch A beonme Ore km bed pica upon conspletim of negoWbons wM tie ChW.Tire total W4et widudes all Casts for rraveYmresge,repmducWL rebobwsubm tett*aw.poll,delivery.relenme maheriais and beldmW am mes.REF art receive payment eEOter an a percerrrage bay using mdesbnes or by rwnttdy Wkg,as deW*,ed by the Ck4 t The RBF pa dmanager swerves lberight to make a4 to slat(abcabons as necessary va'hn the overEM budge[ JN 10-105676.999 21 April 9,2007(Revised April 27,2007) Item 13. - 38 xB -454- � ors� .• City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov FfBj'77 190E yP�r Office of the City Clerk 0 ` Joan L. Flynn, City Clerk November 7, 2012 RBF Consulting Attn: Alan Ashimine 14725 Alton Parkway Irvine CA 92618-2027 Dear Mr. Ashimine: Enclosed for your records is a copy of the fully executed "Amendment No. 1 to Agreement Between the City of Huntington Beach and RBF Consulting for the Preparation of an Environmental Impact Report." Sincerely, of J n L. Flynn, CIVIC City Clerk JF:pe Enclosure G:fb11owup:agrmt1tr Sister Cities: Anjo,Japan ♦ Waitakere,New Zealand Council/Agency Meeting Held: Alcl)o bn!2 Deferred/Continued to: *Approved ❑ Conditionally Approved 0 Denied City rk's gnat re Council Meeting Date: 8/20/2007 Department I umber: PL07-20 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: ONELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTPZATOR PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVIC SCOTT HESS, DIRECTOR, PLANNIN% ,/ SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT FOR CLOSED GUN RANGE SITE 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 professional services agreement with RBF Consulting for preparation of an Environmental Impact Report (EIR) for the closed gun range site in Huntington Central Park. Funding Source: Community Services Professional Services Account, 20945102. 69365. $181,675 available FY06/07; $42,656 will be available FY07/08. Funds are a result of successful litigation and are receipted from agencies that have used and subsequently paid city for gun range use. Recommended Action: Motion to: Approve the Professional Services Contract Between the City of Huntington Beach and RBF Consulting for the Preparation of an Environmental Impact Report in the amount of Two Hundred Twenty Four Thousand Three Hundred Thirty One Dollars ($224,331.00), and authorize the Mayor and City Clerk to sign. Alternative Action(s): Do not approve the Professional Services Contract with RBF Consulting for preparation of EIR, and advise staff how to proceed. Analysis: The former gun range site in Huntington Central Park is approximately 4.91 acres in size and is owned by -the City of Huntington Beach. The site is designated as Open Space-Park in the General Plan and is part of the Master Plan of Recreation Uses for Central Park (analyzed in the MEIR). The site was originally owned by the County of Orange and was part of a landfill. When the landfill closed in the 1960s, the county deeded the property REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/20/2007 DEPARTMENT ID NUMBER: PL07-20 to the city for public park and recreation purposes. The Huntington Beach Police Officers Association (POA) constructed the current gun range improvements and operated the facility under a 20 year lease from the city. In 1988, the original lease expired, and the gun range lease was continued on a year to year basis. Originally, the improvements included both a public and private training facility. In the early 1990s, it became evident that the range needed rebuilding. In 1993, the city commenced discussions with the POA regarding rebuilding the site. It was determined that the cost exceeded available funds. In 1997, the city terminated the lease due to safety concerns, and the gun range has been closed since. Existing improvements on the site include several buildings, creosote telephone poles which serve as a fence, rubber tires used as target backing and asphalt. Lead contamination is prevalent. The EIR will analyze clean- up of the former gun range site, including mitigation of lead deposits. Staff solicited proposals from three qualified consultants for this project: RBF Consulting; PCR; and, Envicom. Both RBF Consulting and PCR responded to the Request for Proposals (RFP). RBF had prepared a Draft EIR for the clean-up of the former gun range in May 2003. Subsequently, the Draft EIR was put on hold pending the outcome of litigation involving the previous users of the gun range. The litigation has since been resolved. For this RFP, RBF submitted a proposal that met the requisite criteria and their familiarity with the project was regarded as a positive. PCR submitted a proposal that, while meeting the minimum requirements, was little more than adequate. This RFP was issued concurrently with an RFP for a consultant to perform a Remedial Action Plan and Health Risk Assessment (RAP/HRA) for the site that will be brought to Council for approval at a future meeting. Per the California Environmental Quality Act (CEQA), future reuse of the gun range requires environmental review. The key objectives in undertaking the Environmental Impact Report are: 1) to analyze the potential environmental impacts associated with clean-up of the gun range site and prepare the appropriate level of environmental documentation, including a mitigation plan; and 2) to analyze the potential environmental impacts of relocating the recycling operation to the gun range site and identify mitigation measures to reduce or eliminate these impacts. Strategic Plan Goal: The recommended EIR is a first step toward preparing the former gun range site for future use at a program level for recreational activities, which would meet Strategic Plan Goal L-1 — Establish the vision and create a land use plan for reuse of critical parcels so that the next phase of the community investment and improvement can begin; and L-3 — Land Use and Economic Development — Preserve the quality of neighborhoods, maintain open space and provide the preservation of historic neighborhoods. Environmental Status: Projects over which public agencies exercise ministerial authority, such as a contract for preparation of environmental documentation are categorically exempt from the CEQA pursuant to Section 15300.1. -2- 8/1/2007 3:23 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/20/2007 DEPARTMENT ID NUMBER: PL07-20 Attachmentls): City Clerk's Page Number No. Description 1. Professional Services Agreement with RBF Consulting 2. Insurance Certificates 3. Site Ma -3- 8/1/2007 3:23 PM ATTACHMENT # 1Ll PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RBF CONSULTING,-WC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices...... ................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Entirety......................................................................................................................10 JUL 07-1123/11983 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RBF CONSULTING r . FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT THIS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, and RBF CONSULTING, , aaCCa_lifornia corporation hereinafter referred to as "CONSULTANT." •�. WHEREAS, CITY desires to engage the services of a consultant to prepare an Environmental Impact Report for the closed Gun Range site; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Alan Ashimine, Project Manager, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. Ciiy of liu�ti,ig o e Bopch JUN 2 8 2007 07-1123/11983 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on August 21, 2007 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than August 20, 2009 from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred Twenty Four Thousand Three Hundred Thirty One Dollars ($224,3 3 1.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 07-1123/11983 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. However, use of such material by CITY for project(s) not the subject of this Agreement shall be at CITY's sole risk without legal liability or exposure to CONSULTANT. 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) 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 07-1123/11983 3 or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 07-1123/11983 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. 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 07-1123/11983 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 in accordance with generally accepted standards of care applicable to similar professionals in the similar geographical area. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 07-1123/11983 6 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach RBF Consulting s.T4 e`4� ATTN: Director of Planning ATTN: Alan Ashimine 2000 Main Street 14725 Alton Parkway Huntington Beach, CA 92648 Irvine, CA 92618-2027 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. 07-1123/11983 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 07-1123/11983 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, 07-1123/11983 9 each parry shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 07-1123/11983 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on &A (all ST 6�0 , 20 RBF CONSULTING, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: cG�N LAS Z3 t a g" print name _ ITS: (circle one)Chairman/Presiden ice President Mayor AND B City Clerk fl-n a(D U-0 jagFrO INITIA D AND APPROVED: print name ITS: (circle once)Secretary/ hief Financial Office/Asst. Secretary-Treasurer bire&ol of Planning REVIEWED AND APPROVED: APPROVED AS TO FORM: City Administrato City Attorney Akv- to',)l~a, I\nko) 07-1123/11983 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) RBF Consulting will prepare an Environmental Impact Report for the closed Gun Range site. A copy of the scope of work is attached. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. See attached scope of work 2. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Consultant will perform as an extension of staff. 2. City will make timely payments as outlined in Exhibit"B." D. WORK PROGRAM/PROJECT SCHEDULE: See attached scope of work jmp/contracts group/exA/6/13/07 Proposal for Consulting Services Environmental Impact Report for the Closed Gun Range Site II. SCOPE OF WORK The following Scope of Work has been prepared pursuant to the information contained in the Request for Proposal and subsequent information received from the City. The cost estimate, which is itemized according to task and issue, is presented in Section IX,- 1.0 PROJECT SCOPING 1.1 PROJECT KICK-OFF AND CHARACTERISTICS The EIR work program will be initiated with a kick-off meeting with City representatives to discuss the project features in greater detail. This initial meeting is vital to the success of the CEQA process and will be a key milestone in order to confirm the parameters of the analysis,project construction program,proposed buildout conditions,scheduling and overall communications. Prior to the kick-off,RBF will distribute a kick-off meeting agenda and detailed memorandum,which will identify information needs. Based upon the detailed project information obtained at the project kick-off, RBF will draft a preliminary project description for review and approval by City Staff. 1.2 RESEARCH AND INVESTIGATION RBF 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 Southern California Association of Governments(SCAG), Orange County Health Care Agency and all other agencies which may be affected by the project. This information,along with environmental data and information available from the City and other nearby jurisdictions,will become part of the foundation of the EIR and will be reviewed and incorporated into the analysis, as deemed appropriate. 1.3 AGENCY CONSULTATION 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 NOP and Public Scoping session meeting(referto Task 5.0 regarding public meetings)will provide that opportunity,RBF will conduct additional discussions with local, state and federal 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. 1.4 FIELD RECONNAISSANCE As a part of the early scoping for the project, RBF will conduct a field study of the site, reviewing existing land use and environmental conditions and conducting a detailed photographic recording of onsite and surrounding uses. Our extensive video resource capabilities will be utilized so that the entire RBF Team may have readily available site information during the course of the analysis. 1.5 PREPARATION OF THE INITIAL STUDY RBF will prepare the Initial Study for the proposed project in accordance to the CEQA Guidelines. 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, The main body of the document will consist of the City-approved environmental assessment form to act as the 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 environmental checklist. The Initial Study will also include mandatory findings of significance regarding impacts upon biological resources,long-term versus short-term goals,cumulative impacts,and direct and indirect impacts upon human beings. JN 10-105676.999 4 April 9,2007(Revised April 27,2007) Proposal for Consulting Services Environmental Impact Report for the Closed Gun Range Site 1.6 NOTICE OF PREPARATION RBF will prepare,distribute,post and file the NOP for the EIR. Distribution will be based on a City-approved distribution list to be prepared by RBF in conjunction with City staff.This task includes certified mailing to a maximum of 40 notices to affected agencies and interested parties, RBF assumes that posting in the local newspaper and radius mailing list will be provided by the City. Comments received in response to the NOP will be evaluated during the preparation of the EIR. Deliverables: ■ Ten(10)copies of the Screencheck NOP ■ Ten(10)copies of the Screencheck Initial Study ■ Forty(40)copies of the NOP ■ Forty(40)copies of the Initial Study ■ One(1)electronic copy of the NOP in PDF format ■ One(1)electronic copy of the Initial Study in PDF format(indexed and searchable by chapter)and Microsoft Word format 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 EXECUTIVE SUMMARY RBF 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. 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 permits and approvals which are required for the project based on available information. This section will include a summary of the local environmental setting for the project. Exhibits depicting the regional and site vicinity will be included in this section. An aerial photograph will be included within the Project Description.In accordance with the RFP requirements,all graphics,charts,tables,and maps with be prepared on 8%"x 11"white paper. 2.4 CUMULATIVE PROJECTS TO BE CONSIDERED In accordance with Section 15130 of CEQA, this section provides a detailed 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 a 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 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. JN 10-105676.999 5 April 9,2007(Revised April 27,2007) Proposal for Consulting Services ,;. Environmental Impact Report for the Closed Gun Range Site 2.5 ENVIRONMENTAL ANALYSIS RBF 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 (NOP 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,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. The Environmental Analysis section of the EIR will thoroughly discuss the existing conditions for each environmental issue area,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. Aesthetics, Light,and Glare RBF 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 the adjacent uses. Project impacts will be addressed based on changing onsite aesthetics visible from surrounding roadways and locations. RBF 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 onsite and surrounding views. This section will analyze potential view impairments to adjacent uses as a result of project implementation. The compatibility of the project to the surrounding area will be reviewed. RBF 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 will review and incorporate existing City policies and guidelines regarding light and glare for inclusion within the EIR. RBF will recommend mitigation measures to reduce potential aesthetic and light and glare impacts to the maximum extent possible. B. Air Quality RBF will identify project-related air pollutant emissions on both a short-term and long-term basis. This technical analysis will follow the protocol for assessing air quality impacts as contained in the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook. RBF will describe the meteorological conditions,discuss ambient air monitoring data collected for the nearest monitoring station, and include a description of the regulatory framework relating to air quality(i.e., California Clean Air Act, etc.). RBF will quantify construction-related emissions including equipment exhaust,fugitive dust emissions,and emissions from soil hauling activities using URBEMIS2002.Construction pollutant emissions will be compared to SCAQMD thresholds and mitigation measures will be recommended to reduce the significance of emissions,where feasible. In addition,RBF will evaluate long-term emissions,quantify vehicular and area source emissions,address cumulative air quality impacts, check for project consistency with regional and local air quality plans,and qualitatively address global warming issues as they pertain to the global warming initiative(Assembly Bill 32). Consistency with the SCAQMD environmental justice program and policies, localized air quality impacts on nearby sensitive receptors will also be evaluated as localized significant thresholds. RBF staff will perform a screening-level analysis to verify exemption of regional and local CO emissions utilizing the methodology prescribed by the UC Davis Institute of Transportation Studies and the SCAQMD. RBF will recommend mitigation measures, as necessary. JN 10-105676.999 6 April 9,2007(Revised April 27,2007) ;, Proposal for Consulting Services :1: Environmental Impact Report for the Closed Gun Range Site C. Biological Resources Due to the vegetation that has overgrown on the project site and surrounding areas since its closure in 1997, RBF has retained BonTerra Consulting (BonTerra) to prepare a Biological Constraints Report that will provide a description of existing biological conditions on and immediately adjacent to the proposed project. BonTerra will conduct a literature review to determine which species have been identified as special status by state, federal,and local resources agencies and organizations and have a potential to occur within the project site or immediate vicinity. A field survey will be conducted to map the vegetation types on the project site and a walkover survey to document existing wildlife and vegetation on the project site. The report will include a description of the existing vegetation types and associated wildlife resources on the project site,the potential of the project site to support special status biological resources and potential biological constraints from project development. RBF will incorporate the Biological Constraints Report prepared by BonTerra into the EIR,utilizing the report's description of existing conditions, potential impacts,and mitigation measures to make appropriate conclusions under CEQA. D. Geology and Soils Per the RFP, RBF will rely on the RAP and Geotechnical Report (to be prepared by the City's hazardous materials consultant)for use within the Geology and Soils section. RBF will also utilize U.S. Division of Mines and Geology data (geology and seismic maps)and U.S. Soils Conservation Service Soil Survey maps. RBF will identify existing regional and site specific geology and soils constraints(such as compressible soils,landslide hazards,disruptions,displacements, compaction,or over-covering of the soil,and areas subject to subsidence),areas potentially subject to significant grading impacts,seismic hazards,existing topography,landform modifications,wind and/or water erosion potential of the soils on the project site and surrounding area and slope instability.Based on the results of the Geotechnical Report and RAP,RBF will recommend mitigation measures to reduce potential impacts to the extend feasible,such as erosion control criteria and grading requirements,to ensure consistency with the grading standards/policies. It should be noted that RBF will summarize the information and findings contained in the City's Geotechnical Report and RAP, and will utilize the documents to make conclusions under CEQA. However, RBF will not be responsible for the technical accuracy or recommendations contained in either document. E. Land Use and Relevant Planning RBF will analyze the relationship of the project to all applicable ordinances and planning policies. The review will be based,in part, upon the MasterElR for the Master Plan of Recreation Uses for Central Park,SCH#97091007,certified August 2, 1999,permits and reports provided by Hanson Aggregates West Inc.,as well as City ordinances and policies including: 1)the City of Huntington General Plan,and 2)the City of Huntington Beach Zoning Map, Municipal Code and environmental data available from the City of Huntington Beach,and County of Orange. The policy review will include all goals and objectives contained in the City's General Plan. This level of detail is consistent with recent environmental reviews conducted by the City. RBF will evaluate the appropriateness of the proposed uses at the project site in comparison to surrounding uses. The spatial relationship of onsite uses will be analyzed. The analysis would include a consistency review of the General Plan and zoning requirements. RBF will identify and analyze the consistencies and potential inconsistencies of the project with the surrounding uses. RBF 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. In addition, RBF will discuss the intensification of uses onsite and identify potential project and cumulative impacts to nearby residences and other sensitive uses. RBF will recommend mitigation measures to reduce potential impacts to the extent feasible. JN 10-105676.999 7 April 9,2007(Revised April 27,2007) Proposal for Consulting Services Environmental Impact Report for the Closed Gun Range Site F. Noise RBF will evaluate potential noise impacts of the proposed project,focusing on changes in noise levels in the project area due to traffic changes along area roadways,onsite stationary noise sources,and overall changes in ambient noise levels associated with increased human activity. RBF will review applicable State and City noise and land use compatibility criteria for the project area and review noise standards for the City of Huntington Beach for land uses on and adjacent to the project sites. RBF will also conduct up to six short-term, approximately ten minutes, noise level measurements along the project area at separate locations to establish anticipated sound levels for potentially affected adjacent residences. The noise measurements will evaluate noise exposure due to traffic while accounting for local topography,shielding from existing structures,and variations in travel speed. Noise impacts from construction sources will be analyzed based on the equipment,length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels,hourly equivalent continuous noise levels,the frequency of occurrence at adjacent sensitive locations,and analysis requirements will be based on the sensitivity of the area and the Noise Ordinance specifications of the City. The proposed project is not anticipated to generate substantial new vehicular traffic trips from future growth.Noise related to vehicular travel will be qualitatively addressed based upon the field measurements and the data contained within the Master EIR.Potential effects of existing off-site noise sources will be evaluated based on the City's land use compatibility standards. Compliance with applicable noise standards will be evaluated, with recommended mitigation measures included where appropriate. G. Public Health and Safety The EIR will analyze the potential impacts of known lead contamination onsite associated with the historical use of the property as a gun range facility. An analysis of potential landfill gas issues will also be provided. RBF will address potential impacts to public health and safety based upon the RAP,HRA,the City's General Plan,General Plan EIR,and the Master EIR prepared for Central Park. RBF will identify existing site-specific hazards and potential hazards, constraints, regulatory jurisdictions and regulations. Based upon the RAP and HRA, RBF will recommend mitigation measures to reduce potential impacts to the extent feasible. It should be noted that RBF will summarize the information and findings contained in the City's Geotechnical Report and RAP, and will utilize the documents to make conclusions under CEQA. However, RBF will not be responsible for the technical accuracy or recommendations contained in either document. H. Public Services and Utilities RBF will contact potentially affected agencies to identify relevant existing conditions,project impacts and recommended mitigation measures. Public services and utilities issues discussed include solid waste,fire, police,schools, parks and recreation, water, sewer, electrical,telephone,gas, and roadway maintenance. Based on agency responses and RBF extensive experience with similar projects, RBF will recommend mitigation measures to substantially reduce or avoid potential impacts. 2.6 ALTERNATIVES TO THE PROPOSED ACTION Pursuant to CEQA Guidelines Section 15126.6,RBF will provide an analysis of a"reasonable range"of alternatives(for budgeting purposes,RBF assumes four alternatives),comparing environmental impacts of each alternative in each impact area to the project. For each alternative, RBF will provide an analysis of impacts to environmental resources. RBF will prepare a detailed quantitative review of one of the alternatives, which is assumed to involve a design/density modification. One important element of the Alternatives section will be an impact matrix which will offer a comparison of JN 10-105676.999 8 April 9,2007(Revised April 27,2007) i, Proposal for Consulting Services Environmental Impact Report for the Closed Gun Range Site the varying levels of impact of each alternative being analyzed. This matrix will be prepared in a format to allow decision- makers a reference that will be easily understood,while providing a calculated(where feasible),accurate comparison of each alternative. The alternatives section will conform to both amendments to Section 15126.6 of the State CEQA Guidelines and to recent and applicable court cases. RBF will discuss as required by the State CEQA Guidelines, the advantages and disadvantages of each alternative and the reasons for rejecting or recommending the project alternatives stated. This alternatives section will culminate with the selection of the environmentally superior alternative in accordance with CEQA requirements. 2.7 CUMULATIVE IMPACTS In accordance with CEQA Guidelines Section 15130,RBF will discuss cumulative impacts for each environmental issue area identified above, focusing on cumulative impacts and levels of severity in the project area at a quantitative and qualitative level. The analysis will include potential future development in the western portion of Huntington Beach. The analysis will focus upon cumulative impacts from recently approved and/or pending projects in proximity(cumulative project information to be provided as stated in Task 2.4). 2.8 GROWTH INDUCEMENT RBF 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. The project's impact upon the jobs/housing balance will be discussed and mitigation for any potential impacts will be recommended. 2.9 ADDITIONAL SECTIONS RBF 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; • Inventory of Mitigation Measures; • Inventory of Unavoidable Adverse Impacts, and • Organizations and Persons Consulted/Bibliography, 2.10 GRAPHIC EXHIBITS The EIR will include a maximum of 20 exhibits to enhance the written text and clarify the proposed project environmental impacts. Using state-of-the-art computer design equipment and techniques,our in-house graphic design team will create professional quality dividers and covers for the EIR and Appendices. This Task assumes camera-ready base maps are provided by the City. All exhibits will be 8%"x 11"in size. Deliverables: ■ Five(5)copies of the Screencheck Draft EIR, Exhibits and Technical Appendices ■ One(1)copy of the Screencheck Notice of Availability ■ One(1)copy of the Screencheck Notice of Completion JN 10-105676.999 9 April 9,2007(Revised April 27,2007) i, Proposal for Consulting Services Environmental Impact Report for the Closed Gun Range Site 3.0 DRAFT EIR 3.1 COMPLETION OF THE DRAFT EIR RBF will respond to one complete set of City comments on the Screencheck Draft EIR and will prepare the reportforthe required 45-day public review period. In addition, RBF will prepare the Notice of Completion(NOC)for submittal to the Office of Planning and Research(OPR).RBF assumes that newspaper posting and mailing radius will be provided by the City. This Scope of Work assumes that no new substantive issues will be raised by the City following Screencheck Draft EIR review. RBF will also work with the City to develop a distribution listing for the NOC and Draft EIR. RBF will distribute the Draft EIR to applicable Federal, State, County,and Local agencies including the OPR/State Clearinghouse, Deliverables: ■ Eighty(80)bound copies of the Draft EIRI ■ Thirty-Five(35)copies of the Technical Appendices2 ■ Eighty(80)copies of the NOC ■ One(1)unbound camera-ready original of the Draft EIR,Exhibits and Technical Appendices ■ One(1)electronic copy of the NOC in PDF format ■ One(1)electronic copy of the Draft EIR in PDF format(indexed and searchable by chapter) and Microsoft Word format ■ One(1)electronic copy of the Draft EIR Technical Appendices in PDF format 4.0 FINAL EIR 4.1 RESPONSES TO COMMENTS RBF will respond to all comments received on the Draft EIR during the 45-day public review period, and any additional comments raised during public hearings. RBF 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. Following review of the Draft Responses to Comments, RBF will finalize this section for inclusion in the Screencheck Final EIR.RBF will distribute copies of the Responses to Comments to any public agency commenting of the Draft EIR per the requirements of CEQA. Per the RFP, RBF has been conservative in estimating the work effort necessary to complete the Responses to Comments. Deliverables: ■ Ten(10)copies of the Draft Responses to Comments 4.2 FINAL EIR The Final EIR will consist of the Responses to Comments,revised Draft EIR,and Draft EIR Technical Appendices. The Draft EIR will be revised in accordance with the responses to public comments on the EIR. To facilitate City review,RBF will format the Final EIR in redline strikeout with underlined text for any new or modified text,and strikeout any text which has been deleted from the Final EIR. RBF will prepare the Notice of Determination(NOD)for the proposed project and file it with the California State Clearinghouse and the County Clerk within five(5)days of EIR approval. This scope of work assumes that the City will be responsible for the California Department of Fish and Game(CDFG)NOD filing fee,if applicable. 1 Assumes 40 for City use and 40 for distribution of the State Clearinghouse and County,State,and Federal Agencies. 2 Assumes 25 for City use and 10 for distribution to critical regulatory agencies. The remaining parties would receive the Technical Appendices on CD. JN 10-105676.999 10 April 9,2007(Revised April 27,2007) FOA Proposal for Consulting Services Environmental Impact Report for the Closed Gun Range Site Deliverables: ■ Two(2)copies of the Screencheck Final EIR ■ Forty(40)copies of the Final EIR ■ Twenty-Five(25)copies of the Technical Appendices ■ One(1)unbound camera-ready original of the Final EIR ■ One(1)electronic copy of the Final EIR in PDF format(indexed and searchable by chapter) and Microsoft Word format ■ Two(2)copies of the Screencheck NOD ■ One(1)electronic copy of the NOD in PDF format ■ One(1) NOD Filing 4.3 FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RBF will provide administrative assistance to facilitate the CEQA process including the preparation of the Findings and Statement of Overriding Considerations(if necessary)for City use in the project review process. RBF 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 will submit the Draft Statement of Overriding Considerations and Findings for City review and will respond to one set of City comments. Deliverables: ■ Five(5)copies of the Draft Findings and Statement of Overriding Considerations ■ Five(5)copies of the Final Findings and Statement of Overriding Considerations ■ One (1) camera-ready original of the Final Findings and Statement of Overriding Considerations ■ One(1)electronic copy of the Final Findings and Statement of Overriding Considerations in PDF format(indexed and searchable by chapter)and Microsoft Word format. 4.4 MITIGATION MONITORING AND REPORTING PROGRAM To comply with the Public Resources Code Section 21081.6(AB 32180), RBF will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through working with City staff to 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 MMRP forthe 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 remarks. RBF will prepare a Draft MMRP which will be submitted to the City for review at the Screencheck Final EIR milestone submittal. RBF will respond to one set of City comments on the Draft MMRP. Deliverables: ■ Five(5)copies of the Draft MMRP ■ Five(5)copies of the Final MMRP ■ One(1)camera-ready Final MMRP ■ One(1)electronic copy of the Final MMRP in PDF format and Microsoft Word format. JN 10-105676.999 11 April 9,2007(Revised April 27,2007) Proposal for Consulting Services Environmental Impact Report for the Closed Gun Range Site 5.0 PROJECT COORDINATION AND MEETINGS 5.1 PROJECT COORDINATION Mr.Glenn Lajoie,AICP,and Mr.Alan Ashimine,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.Lajoie and Mr.Ashimine will undertake consultation and coordination of the project and review the EIR for compliance with CEQA requirements and guidelines and City CEQA procedures. RBF staff will consult with state and local agencies regarding this environmental document. Mr. Lajoie and Mr. Ashimine will coordinate with all technical staff, consultants, support staff and word processing toward the timely completion of the EIR. It is the goal of RBF to serve as an extension of City staff throughout the duration of the EIR project. As is stated in Understanding of the Project,RBF will be available to meet with staff to discuss particular project parameters,as required by the City. In addition, RBF will prepare monthly progress reports for the project which would 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 to the City, 5.2 MEETINGS RBF anticipates several meetings with City staff, including a kick-off meeting, progress meetings, public meetings and hearings. Mr.Lajoie and/or Mr.Ashimine,along with other key Project Team personnel,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 sixteen(16)meetings are necessary, services will be provided under a separate scope of work on a time and materials basis. • One(1)kick-off meeting with City staff • One(1)neighborhood or Public Scoping Meeting • Seven(7) meetings with City staff and/or the City's hazardous materials consultant • Three(3)meetings with the Orange County Health Care Agency and/or additional regulatory agencies • One(1) Planning Commission Study Session • One(1)Planning Commission Public Hearing • One(1)City Council Study Session(in the event of an appeal) • One(1)City Council Public Hearing (in the event of an appeal) JN 10-105676.999 12 April 9,2007(Revised April 27,2007) ;, Proposal for Consulting Services FID Environmental Impact Report for the Closed Gun Range Site III. PROJECT SCHEDULE f _ { ID Task Name _ _- Duration Start Finish {Ma_,Jun+Jul Aug9Sep Oct iNov DeclJanfFeb�Mu Apr ' Project Schedule 235 days May 15,2007 Apnl 7,2008 2 Project Kick-Off 1 day May 15,2007 May 15,20071* stir a Piepaiatiun of HRA(by utheis) 10 wks May 15,2007 July 23,2007 4 Preparation of RAP(by others) 12 wks July 24,2007 October 15,2007 j e Preparation of Geotechnical Report(by others) 12 wks May 15,2007 August 6,2007 i ( i a Preparation of Biological Constraints Report 4 wks May 15,2007 June 11,2007 7 Project Description and Background Information 2 wks May 15,2007. May 28,20071 [Q $ NOPIInitiai Study Preparation 4 wks May 29,2007 June 25,2007 9 Publish and Circulate NOPllnitlal Study 1 wk June 26,2007 July 2,2007( 1 V 10 30-Day N00 Public Review 30 edaY s Jul 2 2007 August 1,26071 Y , 9 11 EIR Scoping Meeting 1 day July 25,2007 July 25,20071 ♦17125 t2 Preparation of Screencheck Draft EIR 10 wks July 26,2007 October 3,2007 i3 City Review of Screencheck Draft EIR 2 wks October 4,2007 October 17,20071 t4 RBF Prepares Draft EIR 2 wks October 1$2007 October 31,20071 (° 15 City Review of Draft EIR 1 wk November 1,2007 November 7,20071 i6 i Complete,Publish,and Circulate Draft EIR 1 wk November 8,2007 November 14,20071 17 45-Day Public Review Period 45 edays November 14,2007 December 29,2007 18 Preparation of Draft Responses to Comments by RBF 3 wks December 31 2007 January 18,2008' f € t9 City Review of Draft Responses to Comments 2 wks January 21,2008 February 1,2008 i 20 Preparation of Screencheck Final EIR by RBF 1 wk February 4,2008 February 8,2008 21 City Review of Screencheck Final EIR 1 wk' February 11,2008 February 15,2008 22 Publication of Final EIR 5 days February 18,2008 February 22,2008 23 Planning Commission Hearing 1 day March 11,2008 March 11,2008 3r11 24 City Council Hearing 1 day April 7,2008 Apri17,2008 an l Closed Gun Range Site Task "'^�^`''.`^' '`� Milestone External Tasks EIR Proposal Split . . . . summary External Milestone Date:April 9,2007 Progress I Project Summary Deadline Nate:This conceptual EIR Schedule is for demonstration purposes only and is subject to change. This schedule assumes afiormal notice to proceed in mid-May 2007. JN 10-105676.999 13 April 9,2007(Revised April 27,2007) ,, Proposal for Consulting Services Environmental Impact Report for the Closed Gun Range Site IV. PROJECT TEAM The following are brief background descriptions for the key professionals who would be responsible for preparing the EIR. An organizational chart has also been provided in this Section. The percentage of hours of each staff member and individual tasks are included in the Fee Summary contained in Section IX. Glenn Lajoie,AICP Project Assignment: Project Director Mr. Lajoie is the Environmental Planning Manager and oversees a team of over 20 professionals in Irvine. Mr. Lajoie's primary responsibilities include oversight of daily operations, management of projects, staff mentoring and instruction, scheduling,and business development. With 20 years of practical experience,Mr.Lajoie is a recognized leader in CEQA and NEPA studies(EIRs, EISs, Negative Declarations, Environmental Assessments), as well as other policy planning documents,including General Plans,Area Plans,Specific Plans,and due diligence studies. Projects have ranged from private entitlement applications related to residential and commercial projects as well as a variety of water,wastewater, highway,and redevelopment projects throughout California. Project responsibilities include analysis,technical review and management of environmental and policy planning documentation for compliance with CEQA/NEPA,implementation of public participation programs,and assistance to various public and private sector clients in meeting the requirements of local, State, and Federal agencies. Alan Ashimine Project Assignment: Project Manager Mr.Ashimine graduated from the University of California,Irvine,with a Bachelor of Arts Degree in Environmental Analysis and Design and a minor in Urban and Regional Planning. As a Project Manager/Environmental Analyst at RBF, Mr. Ashimine prepares Environmental and Planning studies for public and private sector clients under the CEQA. Mr. Ashimine has extensive experience in the research,analysis,and writing of CEQA documentation for a variety of projects involving infrastructure,redevelopment,residential,and industrial uses. Utilizing his broad background and understanding of environmental constraints, he provides technical and CEQA compliance review and environmental documentation including EIR's and Initial Study/Mitigated Negative Declarations(IS/MND), Mr.Ashimine's relevant experience includes serving as Project Manager/Analyst for the Gun Range Remediation Project EIR in Huntington Beach, the Seawater Desalination Project at Huntington Beach,the Southeast Coastal Redevelopment Project EIR in Huntington Beach,and various industrial/infrastructure projects ranging from water recycling plants to wastewater reclamation plants/pipelines. Michelle Dunn Project Assignment: Environmental Analyst Ms.Dunn prepares environmental compliance studies under CEQA for both public and private sector clients. Ms.Dunn's experience includes residential,infrastructure,coastal,and industrial projects,among others. Through her experience in analysis, research, and writing of environmental impact documentation, Ms. Dunn provides comprehensive services to assist Clients in project compliance review. Ms.Dunn's related project experience includes serving as an environmental analyst for the Seawater Desalination Project at Huntington Beach and several industrial/infrastructure projects involving complex hazardous materials,air quality, noise, and traffic issues. Richard Beck, REA Project Assignment: Hazardous Materials Review Mr.Beck assists in the preparation of environmental and planning studies for public and private sector clients,with a focus on due diligence planning activities. As the Regulatory Coordinator at RBF, Mr. Beck is involved with regulatory permit processing pursuant to Sections 404 and 401 of the Clean Water Act(CWA)and Section 1600 of the California Fish and Game Code. Included in this area of study, Mr. Beck also conducts jurisdictional delineations and acts as a liaison between public and private sector clients and State and Federal regulatory agencies. In addition to regulatory issues,Mr. JN 10-105676.999 14 April 9,2007(Revised April 27,2007) U, #& Proposal for Consulting Services ; Environmental Impact Report for the Closed Gun Range Site VIII. STATEMENT OF FINANCIAL CONDITIONS RBF has reviewed the professional services agreement presented by the City and generally accepts the terms set forth therein, Progress billings will be forwarded based on payment criteria established by the City. These billings will include the fees earned for the billing period. The City shall make every reasonable effort to review invoices within fifteen(15)working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. The budget provided within the proposal shall apply for a period of one year from execution of the contract between the City and RBF. Because of annual increases in costs associated with inflation, staff wage increases, and increases in direct costs, RBF will increase those portions of the contract fee for which work must still be completed after one year by fifteen percent(15%). Deviations or modifications from the Scope of Work will result in potential re-evaluation of the associated fees. Items not specifically stated in the proposal will be considered an additional work item. All work will be performed at a Not to Exceed contract price, which will become the fixed price upon completion of negotiations with the City Staff authorized to negotiate and agreement. The total budget includes all miscellaneous costs for travel/mileage, reproduction,telephone, postal,delivery, reference materials and incidental expenses. Should the City require additional copies of the Administrative Draft, Draft and Final Documents, RBF will provide a cost estimate to the City and provide direct cost billing. JN 10-105676.999 20 April 9,2007(Revised April 27,2007) EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: ,See attached rate sheet-and payment schedule. B. Travel 1. 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. As CITY sometimes uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs. Subject to agreement otherwise, CONSULTANT will be held to charging no fees on travel time to or from Huntington Beach. 3. Automobile expenses are limited to the IRS standard business mileage rate. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY, without prior written consent of CITY. C. Billing 1. All billing shall be done monthly in one-fifteenth-hour (0.15) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or agree/forms/exB-hourly fee/6/13/07 EXHIBIT B 1 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 7. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 8. 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. 9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an 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 agree/forms/exB-hourly fee/6/13/07 EXHIBIT B 2 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) 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. 10. 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. agree/forms/exB-hourly fee/6/13/07 EXHIBIT B 3 Hourly Payment Proposal for Consulting Services 4 Environmental Impact Report for the Closed Gun Range Site IX. BUDGET G.L. A.A. R.B. E.T. M.D. A.M. GrA Total Subs Repro Total TASK 195 130 130 130 95 95 65 Hours Cost 1.0 PROJECT SCOPING 1.1 Project Kick-Off and Project Characteristics 6 18 24 $3,510 12 Research and Investigation 4 6 4 14 S1,940 13 Agency Consultation 2 6 8 $1,170 1.4 Field Reconnaissance 2 61 4 61 6 1 24 1 $3,040 1.5 Preparation of the Initial Study 4 12 30 8 54 S5,710 1.6 Notice of Preparation 1 1 1 3 $420 Deliverables 0 $1,500 S1,500 2.0 PREPARATION OF SCREENCHECK DRAFT EIR 0 $0 2.1 Introduction and Purpose 1 2 6 9 S1,025 2.2 Executive Summa 2 2 10 14 $1,600 2.3 Project Description 2 6 16 24 $2,690 2.4 Cumulative Projects to be Considered 1 2 6 9 S1,025 2.5 Environmental Analysis 0 s0 A. Aesthetics,Light,and Glare 1 6 36 43 S4,395 B.Air Quality 1 4 20 60 85 S9,015 C. Biological Resources 1 6 20 27 S2,875 D. Geology and Sails 4 6 40 50 $5,360 E. Land Use and Relevant Planning 2 4 40 46 S4,710 F. Noise 1 4 20 60 85 $9,015 G. Public Health and Safety 4 24 24 32 84 $4,500 $14,560 H. Public Services and Utilities 1 4 45 50 S4,990 2.6 Alternatives to the Proposed Action 2 16 24 42 S4,750 2.7 Cumulative Impacts 1 2 16 19 S1.975 2.8 Growth Inducement 1 2 20 23 $2.355 2.9 Additional Sections 1 2 16 19 $1,975 2.10 Graphic Exhibits 1 41 1 28 33 $2,535 Deliverables 0 $1,000 $1,000 3.0 DRAFT EIR 0 s0 3.1 Completion of the Draft EIR 8 24 4 4 40 4 4 88 $10,160 Deliverables 0 $7,500 S7,500 4.0 FINAL EIR 0 s0 4.1 Responses to Comments 8 32 8 16 70 8 4 146 $16,510 Deliverables 0 $500 $500 4.2 Final EIR 2 8 20 30 S3,330 Deliverables 0 $5,000 $5,000 4.3 Findin siStatementof 0verridin Considerations 1 4 16 21 $2,235 Deliverables 0 $400 $400 4.4 Miti ation Monitoring and Reporting Program 1 2 12 15 $1,595 Deliverables 0 $400 $400 5.0 PROJECT COORDINATION AND MEETINGS 0 s0 5.1 Project Coordination 40 120 80 240 $31,000 5.2 Meetings 1 40 90 40 170 $23,300 TOTAL HOURS 146 425 40 66 570J13.9% 44 1499 'Percent of Total Labor Hours 9.7% 28.4% 2.7% 4.4% 38.0% 2.9% SUBTOTAL LABOR COSTS $28A70 S55,250 S5,200 $8,580 $54.150 S2,860 $4,500 $16,300 $195,070 TOTAL LABOR COSTS $195,070 15%CONTINGENCY BUDGET 529,261 TOTAL BUDGET $n4,331 G.L.=Glenn Lajoie M.D.=Michelle Dunn E.T.=Eddie Tortes A.A.=Alan Ashimine R.B.=Richard Beck A.M.=Achilles Malisos GrA=Graphic Artist Note:All work will be performed at a"Nat to exceed"contract price,which will become the firm fixed price upon completion of negotiations with the Client. The total budget includes all miscellaneous costs for traveUmileage,reproduction,reimburseables,telephone,postal,delivery.reference materials and incidental expenses. RBF vnll receive payment either on a percentage basis using milestones or by monthly billing,as determined by the Client. The RBF project manager reserves the right to make adjustments to staff allocations as necessary within the overall budget. JN 10-105676.999 21 April 9,2007(Revised April 27,2007) ATTACHMENT #2 Su it INSURANCE AND INDEMNIFICATION WAIVER Huntin ai Beard o MODIFICATION REQUEST 1. Requested by: Chris Davis JUN 1 4 2007 2. Date: June 13, 2007 Citv of Huntingtoi,4--in 3. Name of contractor/permittee: RBF Consulting City Attorney's Office 4. Description of work to be performed: EIR for Closed Gun Range 5. Value and length of contract: 2 years, NTE $224,331 6. Waiver/modification request: See attached -- Remove "or liability of any kind or nature" 7. Reason for request and why it should be granted: Vendor request 8. Identify the risks to the City in approving this waiver/modification: Moderate. Some controvery in project, but RBF has good history of working in City on highly controversial ro'ects Poseidon or' inal Gun Range EIR . rtme H Signature ate: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management a5d-thp City Attorney's Office disagree. 1. isk Management proved ❑ Denied Si nature Date 2. City Attorney's Office proved ❑ Denie �•l�.d�l"-"' Si nure Date 9at 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services waiver0613 6/13/2007 10:57:00 AM Fe Proposal for Consulting Services Environmental Impact Report for the Closed Gun Range Site X. EXCEPTIONS TO CITY REQUIREMENTS 1.1 INSURANCE RBF requests a waiver of the City's zero deductible requirement for insurance. As shown in Attachment A,Certificate of Liability Insurance,RBF maintains a$100,000 deductible for Professional Liability Insurance. RBF is available to formally initiate the waiver procedure through the City's Risk Management Department at the City's discretion. 1.2 PROFESSIONAL SERVICES CONTRACT RBF requests the following revisions contained in the City's Sample Professional Services Agreement(revisions are depicted in a strike and underline format): Section 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. However,use of such materials by CITY for roiect(s)not the subiect of this Agreement shall be at CITY's sole risk without legal liability or exposure to CONSULTANT." Section 8, Hold Harmless "CONSULTANT hereby agrees to protect,defend,indemnify and hold harm) ss CITY,its officers,elected or appointed officials,employees,agents and volunteers fro gainst any and all damages,losses,expenses,judgments, demands and defense costs(including, costs and fees l arising out of or in connection w NSULTANT's(or CONSULTANT's subcontractors, if any) negligent b ca"ham performance of this Agreement or its failure to comply with any of its obligations contained in this reement by CONSULTANT,its officers,agents or employees except such loss or damage which was caused by the negligence 1 or willful misconduct of CITY." v'r, 7/ Section 12, Termination of Agreement "Ali work required hereunder shall be performed in a good and workmanlike manner in accordance with generally accepted standards of care applicable to similar professionals in the similar geographical area. CITY may terminate �� r CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete." cr 1 i JN 10-105676.999 22 April 9,2007 , CITY OF HUNTINGTON BEACH Professional Service Contracts ``BDjyp9 Purchasing Certification 'Ct, 1. Date: 7/10/2007 2. Department: Planning 3. Requested by: Chris Davis 4. Name of consultant: RBF Consulting 5. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. See attached am Ce 6. Amount of the contract: $1;;,331.00 7. Are sufficient funds available to fund this contract?' ® Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 9. Company number and object code where funds are budgeted: 20945102.69365 10. Is this contract less than $50,000? ❑ Yes ® No 11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 12. Is this contract over$100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). attached ;/ 15. Attach proposed scope of work. attached --exhibit A of contract 16. Attach proposed payment schedule. aft ed -- xhibit B of contract part nt Head Signature RICKKND AMADRIL' Purchasing and Central Services Manager 1. If the answer to this question is"No,"the contract will require approval from the City Council. Consultants List Gun Range EIR Sent March 19, 2007 Due April 9, 2007 RBF Consulting Attn: Alan Ashimine 14725 Alton Parkway Irvine, CA 92619 949.472.3505 PCR One Venture, Suite 150 Irvine, California 92618 949.753.7001 Envicom 28328 Agoura Road Agoura Hills, Ca 91301 818.879.4700 City of Huntington Beach Available Funds By Business Unit As of July 31, 2007 R55BUDGET HB0016 E���� ame Adopted Revised [:t�YT�D ed Encumbered Available ption EBudget Budget YTD Funds CMS Community Services 00209 Park Acquisition and Developme 20945102 Gun Range Clean Up 69300 Professional Services 200,000 200,000 18,325 181,675 80000 CAPITAL EXPENDITURES 88000 NON-OPERATING EXPENSES 20945102 Gun Range Clean Up 200,000 200,000 18,325 181,675 00209 Park Acquisition and Developme 200,000 200,000 18,325 181,675 CMS Community Services 200,000 200,000 18,325 181,675 Page- 1 of 1 7/17/2007 16:07:47 CITY OF HUNTINGTON BEACH HUNTINGTON BEACH REQUEST FOR PROPOSAL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR- THE CLOSED GUN RANGE SITE DATE MARCH 19, 2007 DISTRIBUTED BY: CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (714) 536-5271 TABLE OF CONTENTS TITLE PAGE I INTRODUCTION 1 1.1. Background 1 1.2. Project Objectives 1 1.3. Role of Consultant 1 II PROJECT BACKGROUND 2 2.1 Site Description 2 2.2 Site Background 2 2.3 Project Description 3 III SCOPE OF SERVICES 3 3.1 Environmental Documentation 3 3.2 Content and Submission of Proposals 5 3.3 Schedule 6 3.4 Meeting Attendance 6 3.5 Deliverables 6 IV BUDGET 7 4.1. Insurance/Indemnification Requirements 8 V SELECTION PROCESS 8 5.1 Evaluation Criteria 8 5.2 Interviews 9 5.3 Recommendation to City Council 9 5.4 Disclaimer 10 VI PROPOSAL SUBMITTAL DEADLINE 10 VII CONTACT 10 VIII ATTACHMENTS 10 I. Introduction 1.1 Background The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified consultants who are interested in being considered for completion of environmental documentation for a closed gun range and the relocation of a privately-owned recycling operation to the gun range property in the City of Huntington Beach. Both the gun range and the recycling operation are located within Huntington Central Park, a regional park owned and maintained by the City of Huntington Beach. A Master Environmental Impact Report (MEIR) for portions of Central Park, including the subject property, was certified by the City Council on August 2, 1999. Reuse of the gun range was identified as a program level element that would require supplemental environmental review. The recycling operation is being replaced by a sports complex; its continued operation in the area was not analyzed in the MEIR. A Draft Environmental Impact Report (EIR) for the clean-up of the former gun range was prepared and made available for a 45-day public review and comment period ending in May 2003. Subsequently, the Draft EIR was put on hold pending the outcome of litigation involving the previous users of the gun range. The litigation has since been resolved. This RFP is being issued concurrently with an RFP for a consultant to perform a Remedial Action Plan and Health Risk Assessment (RAP/HRA)for the site. It is the City's preference that the consultant hired to perform the EIR have an amicable working relationship with the consultant performing the remedial action plan and health risk assessment. 1.2 Project Objectives The key objectives in undertaking this project are: 1) to analyze the potential environmental impacts associated with clean-up of the gun range site and prepare the appropriate level of environmental documentation, including a mitigation plan; and 2) to analyze the potential environmental impacts of relocating the recycling operation to the gun range site and identify mitigation measures to reduce or eliminate these impacts. 1.3 Role of Consultant The role of the consultant is to be an extension of the City's staff. The consultant(s) are expected to keep an open dialogue and to work closely with staff in completing all project objectives. As an extension of staff, the consultant will be expected to function in the following capacities: Provider of technical information and unbiased recommendations • Provider of solutions to potential conflicts • Public educator of the CEQA process • Solicitor of public input • Organizer, facilitator& consensus builder • Available to City staff via phone, fax, meetings, etc. -1- GAAnalyst\Davis\RFP and Contracts\2007\Gun Range\RFPversion2.doc • Preparer of environmental documents, letters, memos, applications, meeting minutes, staff reports, etc. • Presenter of CEQA issues, staff reports, etc. The City of Huntington Beach Planning Department will be the lead agency for the proposed scope of work. II. Proiect Background 2.1 Site Description T rr a Hanson's Recycling r. nx5 Gun Range it 2.2 Site Background The former gun range site is approximately 4.91 acres in size and is owned by the City of Huntington Beach. The site is designated as Open Space-Park in the General Plan and is part of the Master Plan of Recreation Uses for Central Park (analyzed in the MEIR). The site was originally owned by the County of Orange and was part of their landfill. When the landfill closed in the 1960s, the County deeded the property to the City for public park and recreation -2- GAAnalyst\Davis\RFP and Contracts\2007\Gun Range\RFPversion2.doc purposes. The Huntington Beach Police Officers Association constructed the current gun range improvements and operated the facility under a 20 year lease from the City. In 1988 the original lease expired, and the gun range lease was continued on a year to year basis. Originally, the improvements included both a public and private training facility. In the early 1990s, it became evident that the range needed rebuilding. Unstable soil caused by decomposing landfill was impacting the facility, and the public side of the facility was closed and demolished due to structural concerns. In 1993 the City commenced discussions with the Police Officers Association regarding rebuilding the site. It was determined that the cost exceeded available funds. In 1997 the City terminated the lease due to safety concerns, and the gun range has been closed since. Existing improvements on the site include several buildings, creosote telephone poles which serve as a fence, rubber tires used as target backing and asphalt. Lead contamination is prevalent. 2.3 Project Description 1. The EIR will analyze clean-up of the former gun range site. 2. The recycling operation will utilize approximately half of the subject site. (A description of the existing operation is attached.) The remainder will ultimately be used for open space park uses, which at this time are unprogrammed. In the original Draft EIR (2003), the recycling operation was evaluated as an alternative use and thus, at a more cursory level. The EIR that is the subject of this RFP will analyze the recycling operation at a project level of detail, along with open space uses on the remainder of the site. III. Scope of Services In general, the consultant shall perform the necessary research, investigation and documentation to complete the environmental documentation. The Scope of Services shall include the following: 3.1 Environmental Documentation The environmental documentation shall discuss environmental effects in relation to their severity and probability of occurrence and shall identify appropriate modifications to the project to mitigate any environmental impacts to the extent feasible. The consultant will be expected to prepare and carry out the following: 1. Completion of necessary EIR level technical studies, including Geological, Noise, Air Quality, Utilities, Aesthetics, Biological as well as any other studies needed as identified by the consultant. It is anticipated that the soils studies will be included in the Remedial Action Plan, but will need to be incorporated into the EIR. -3- GAAnalyst\Davis\RFP and Contracts\2007\Gun Range\RFPvers ion2.doc 2. As necessary, confer and meet with regulatory agencies (Orange County Health Care Agency, South Coast Air Quality Management District, etc.) regarding results of technical studies, etc. 3. Provide alternative recommendations (as necessary)based on results of items 1 and 2. 4. Preparation and distribution of the Draft Environmental Impact Report in accordance with the provisions of the California Environmental Quality Act and State Environmental Guidelines, as amended. The City will be responsible for internal distribution and to groups located within the City of Huntington Beach. 5. Complete environmental document consistent with CEQA statutes and guidelines. Should the consultant and City determine that another Initial Study is warranted, the consultant will prepare the Initial Study. The City's Environmental Assessment form will be used for the checklist. 6. Preparation of the Notice of Availability and Notice of Completion for the documents. The Consultant will be expected to distribute the notices to the appropriate County, State and Federal agencies and provide the City with the list. The City will be responsible for. distribution of notices to area property owners and organizations within the City, publication in newspapers and transmitting notices to the County for posting. 7. Provide an electronic copy of the Initial Study and EIR formatted in Microsoft Word and Portable Document Format (PDF). The document converted to PDF shall be indexed and searchable by chapter. 8. Attendance at project meetings with staff and RAP/HRA consultant 9. Preparation of all graphic exhibits and handouts necessary for meetings, study sessions, and public hearings on the Environmental Documents with the exception of the following GIS graphics which will be available from the City in a JPEG file: vicinity map, General Plan land use map, zoning map, assessors parcel map, aerial photo, and existing utilities (except for storm drain). 10. Preparation of Responses to Comments received during the public comment period and distribution to commenting parties. (Contract augmentation for "excessive" numbers of responses is not typically considered by the City. Therefore, your proposal should be conservative in this regard). The consultant shall also prepare any other written responses to letters or verbal comments received during the preparation and processing of the document(as deemed necessary by City). 11. Preparation of the Final Environmental Document. 12. Provide an electronic copy of the Final Environmental Document formatted in Microsoft Word and Portable Document Format (PDF). The document converted to PDF shall be indexed and searchable by chapter. -4- G:\Ana1yst0avis\RFP and Contracts\2007\Gun Range\RFPversi on2.doc 13. Preparation of certification documents (draft resolutions, statement of findings of facts, statement of overriding considerations, notice of determination, etc.), as necessary. 14. Preparation of a Mitigation Monitoring Program, as necessary. 15. Meet regularly with City staff to review work efforts, schedules, and issue areas as identified and necessary during the process. 16. Presentations at meetings, and public hearings. The firm's Principal or a representative of the environmental firm who has demonstrated ability in presenting Environmental Impact Reports to Committees, Planning Commissions and City Councils will be required to attend the public meetings or other meetings as deemed necessary by City staff. The City will make available to the consultant all previously prepared reports for this project (including those noted above) as well as related projects. In addition, the City completed a comprehensive update of its General Plan in May 1996, which will also be available to the selected consultant. 3.2 Content and Submission of Proposals The City requests that proposals be organized and presented in a neat and logical format and be relevant to the Scope of Services. Proposals shall be clear, accurate and comprehensive. Excessive (written proposals more than 20 pages, excluding tables, charts or graphics) or irrelevant material will not be favorably received. The consultant shall identify the tasks required to complete 3.1 above. Each task should be responded to by the consultant team in the form of a technical work statement. Each major work item should be related to a cost figure. The technical work statement should contain the effort to be expended by the consultant in preparing each task, and the time frame in which the task will be completed. In addition,proposals should contain the following information: 1. Cover letter, not to exceed three pages in length, should summarize key elements of the proposal. An individual authorized to bind the consultant must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. Indicate the address and telephone number of the office located nearest to Huntington Beach and the office from which the project will be managed. 2. Information on which staff and subconsultants will be involved in the work, to include background/resume on the individuals (and subconsultants), team organization and the relationship of their capabilities and experience to the tasks undertaken. A project manager and an alternate project manager shall be named who shall be the prime contact and be responsible for coordinating all actions with the City. Any changes in project team membership shall be approved by the City. -5- GAAnalyst\Davig\RFP and Contracts\2007\Gun Range\RFPversion1doc 3. At least five references that received similar services. Include client name, project manager, start/end date and telephone number. 3.3 Schedule The City is requesting that the project commence upon notice to proceed. 3.4 Meeting Attendance The consultant team shall assume the following minimum number of meetings. More meetings may be suggested in the proposal. Payment for meetings will be based upon the actual number of meetings. The proposed fee for meetings shall be segregated by type of meeting and should include all necessary personnel (including sub-consultants) and presentation materials. MEETINGS NUMBER Meetings with staff 5 Planning Commission Study Sessions 1 Public Hearings 1 City Council (in the event of an appeal) Study Session 1 Public Hearings 1 Meetings required with other agencies in the preparation of the technical studies and environmental documents are not included in the above numbers but should be accounted for in the consultant's budget. 3.5 Deliverables All documents and plans shall be the property of the City of Huntington Beach. Documents shall be organized so that they can be easily revised and reprinted, are adequately illustrated, are computer compatible, and are easily understood by diverse public interests. The number of documents and plans shall be as follows: Environmental Documentation 1. A minimum of five (5) screencheck copies of technical reports and the Draft Initial Study. 2. A minimum of one (1) screencheck copy of the Notice of Availability and Notice of Completion. -6- G:Wnalyst\Davis\RFP and Contracts\2007\Gun Range\RFPversion1doc 3. 40 bound copies of the public review environmental documents and 25 Technical Appendices plus one (1) unbound reproducible original copy shall be provided to the City. The RAP and HRA, prepared by a separate consultant, will need to be integrated into the Draft EIR. The production budget should reflect this. Note: these copies are in addition to the copies that the Consultant shall transmit to the State Clearinghouse and County, State and Federal agencies. a. All graphics, charts, maps, and tables shall be on 8 '/2 X 11 white paper. b. All studies, surveys results, data, and agency comments and responses shall be included in the technical appendices. 4. Provide an electronic copy of the Draft Environmental Documents formatted in Microsoft Word and Portable Document Format (PDF). The document converted to PDF shall be indexed and searchable by chapter. 5. A minimum of 10 screencheck copies of the Draft Response to Comments. 6. Copies of the Response to Comments to be distributed to commenting parties and agencies per CEQA. 7. 40 bound copies of the Final Environmental Document plus one unbound, reproducible copy containing Response to Comments and any other additional or revised text of the Environmental Document. The RAP and HRA, prepared by a separate consultant, will need to be integrated into the Draft EIR. The production budget should reflect this. 8. Provide an electronic copy of the Final Environmental Document formatted in Microsoft Word and Portable Document Format (PDF). The document converted to PDF shall be indexed and searchable by chapter. 9. A minimum of two (2) screencheck copies of the Certification documents and one reproducible final electronic copy. 10. Preparation of environmental analysis for memos and letters for City staff and public. 11. A minimum of four (4) screencheck copies of the Mitigation Monitoring Program and one reproducible final copy. IV. Budget Proposed budget must be provided. A "not to exceed" amount must be provided for all miscellaneous expenses such as mileage, printing, etc. so that there are no costs to the City which are not identified in the proposal. There will be ,no compensation to consultant for hours expended resulting from consultant's errors and omissions. -7- GAAnalyst\Davis\RFP and Contracts\2007\Gun Range\RFPvers ion2.doc A breakdown of labor hours by employee billing classification together with the cost of non-labor and subconsultant services shall be included. The labor breakdown shall be compiled based on a listing of work tasks that correlates with the consultant's defined scope of work for the project proposal. 4.1 Insurance/Indemnification Requirements Consultant shall maintain and provide proof of the following minimum insurance during the duration of the project: Professional Liability Coverage - $1,000,000 per occurrence. A claims-made policy is acceptable if the policy further provides that: a) The policy retroactive date coincides with or precedes the initiation of the scope of work(including subsequent policies purchased as renewals or replacements). b) Consultant will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. c) If insurance is terminated for any reason, consultant agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with the contract. d) The reporting of circumstances or incidents that might give rise to future claims. A sample contract and the City's insurance requirements are included as an attachment for reference. The City strongly encourages all bidders to review the Sample Agreement and Insurance Requirements before responding to the Request for Proposals. Notify the City of any exception to the requirements. V. Selection Process 5.1 Evaluation Criteria Of primary importance in the selection of a consultant or team of consultants will be the overall quality of the proposal as evidenced by previous accomplishments and a demonstrated willingness to work with City officials, staff, and agencies. In general, proposals will be evaluated based upon the following criteria: ➢ Understanding of the Scope .15 ➢ Identification of Critical Scope Elements and Key Issues .15 ➢ Technical Approach, Work Plan, Innovative Approach .30 ➢ Clarity and Completeness of Proposal .05 ➢ Qualification of Firm/Subconsultants .15 ➢ Knowledge and Experience of Project Manager/key staff .20 -8- GAAnalyst\Davis\RFP and Contracts\2007\Gun RangeWNersion1doc 5.2 Interviews If warranted, consultants may be selected for interviews to be held the week of April 16, 2007. Should interviews be held, consultants will be notified of the interview time by April 12. The interview shall consist of a presentation by the consultant and will allow the consultants an opportunity to demonstrate their understanding of the City's needs toward meeting its objectives. Any form of presentation may be used; however, the most effective presentation will demonstrate the experience and ability of key personnel and samples of the proposed product. Interview will be limited to one hour. The interview will begin with the proposer's presentation and will be followed by questions from staff. 5.3 Recommendation to City Council The staff will evaluate all eligible proposals and make the final-recommendation for selection to the City Council based upon the following criteria: 1. Adequate technical and financial resources for performance prior to award of this contract. 2. Experience and organizational, technical and editorial skills and facilities prior to award of this contract. 3. Demonstrated qualification of the project leader(s) and assurance of his or her principal involvement in the project until its completion. 4. Ability to perform the required tasks within an acceptable time schedule. 5. A satisfactory record of ability and performance in other similar projects, and familiarity with issues pertaining to the project. 6. Ability-and experience to work closely with City staff and advisory bodies. 7. Regularly and easily available to City staff and for day and evening meetings, as required. 8. An equal opportunity employer and qualified and eligible to receive and fulfill award of this contract under all applicable laws and regulations. -9- GAAnalyst\Davis\RFP and Contracts\2007\Gun Range\RFPvcrs ion2,doe 9. Information provided by references. 10. Ability to estimate and identify hidden and unforeseen costs. 11. Consultant's enthusiasm and creativity. 12. Past performance record with the City (if applicable). 13. A reasonable contract price. 5.4 Disclaimer This Request for Proposal does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this Request for Proposal in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations. VI. Proposal Submittal Deadline Written proposals are due by Friday, April 9 by 5:00 p.m. Send or deliver six (6) copies of the proposal to: Ricky Ramos, Acting Senior Planner City of Huntington Beach Planning Department 2000 Main Street Huntington Beach, CA 92648 VII. Contact Person Questions regarding the project and consultant selection process should be directed to: Ricky Ramos, Acting Senior Planner at(714) 536-5624. VIII.Attachments 1. Description of Hanson's Recycling operations 2. Sample Contract 3. City Insurance Requirements -10- GAAnalyst\Davis\RFP and Contracts\2007\Gun Range\RFPversion2.doc sU it INSURANCE AND INDEMNIFICATION WAIVER , . MODIFICATION REQUEST Cam# RCIV1) 1. Requested by: Chris Davis La , JUN 12 2007 2. Date: April 30, 2007 ty of on 3. Name of contractor/permittee: RBF Consulting c�City Attornegy�s Office n 4. Description of work to be performed: EIR for closed Gun Range 5. Value and length of contract: 2 years, NTE 195;9 Q-91-`I,13' e-, 6. Waiver/modification request: Allow $100,000 deductible for Professional Liability Insurance 7. Reason for request and why it should be granted: Vendor request, vendor maintains $100,000 deductible. 8. Identify the risks to the City in approving this waiver/modification: Moderate. Some controversy in project, but RBF has good history working in City on highly controversial romects. epartment Head Signature Date: APPROVALS Approvals must be obtained in the order.listed on this form Two approvals are required-, for a request to:be granted. Approval from the City Administrator'sffic`Oe`i"s only required if ` Risk Manageme and a City Attorne 's.Office disagree: 1. Risk Management Approved ❑ Denied ` a Signature Date 2. City Attorney's Office roved ❑ Denie ' < Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request i'f to 6e submitted to the City Attorney's Office along with the contract for approval`Once the contract has been approved', this form is to be filed with the Risk Management Division of Administrative Services insurance waiver request-rbf 4/30/2007 3:03:00 PM Client#:6255 RBFCONSUL ACOR CERTIFICATE OF LIABILITY INSURANCE 1DATE 1/28/06Dm) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana,CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURERA: Travelers Property Casualty Co of Am RBF Consulting INSURER B: National Union Fire Ins Co of Plttsb PO Box 57057 INSURER C: Underwriters at Lloyd's London Irvine,CA 92619-7057 INSURERD: Hartford Fire Ins.Co. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY i'HE 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. NSR POLICY EFFECTIVE POLICY EXPIRATION LTRTYPE OF INSURANCE POLICY NUMBER DATE MM D DATE MMID LIMITS A GENERAL LIABILITY P630500D4092TIL06 11/30/06 11/30/07 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1 000000 CLAIMS MADE F I oc_UR INDP.CONTRACTORS MED EXP(Anyone person) s5 000 X CONTRACTUAL INCLUDED PERSONAL&ADV INJURY $1 000 000 X BFPD,XCU GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ILAPPL IES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY X 1E T X LOC Deductible NIA D AUTOMOBILE LIABILITY 57UENTLO126 11/30/06 11/30/07 COMBINED SINGLE LIMIT $1,000000 X ANY AUTO (Fa accident) , .� ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS APPROVED AS TO FORM (Per Person) X HIRED AUTOS JENNIFER McG TH,City A $ BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ Z;P�hASD' I (Per accident) GARAGE LIABILITY ASSiBt=t City AttO Z 3 ' AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY BE6799628 11130106 11I30/07 EACH OCCURRENCE $10 000 000 X1 OCCUR CLAIMS MADE Professional Llab. AGGREGATE $'i 0 000 000 is Excluded $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-FA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ C OTHER Professional P1069400 11/30/06 11/30/07 $1,000,000 per claim Liability $2,000,000 annl aggr. $100,000 Deductible DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: All Operations as performed by Named Insured. City of Huntington Beach,its agents,officers,and employees are (See Attached Descriptions) CERTIFICATE HOLDER ADDRIONALINSURED-INSURERLETTER: CANCELLATION Ton Qay Notice for Non-Payment Qf PEemium SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATETHEREOF,THE ISSUING INSURER Wi )=TOMAIL.'An _DAYSWRIITEN Attn:Chris Mendoza NOTICE TOTH E CERTIFICATE HOLDER NAMED TOTH E LEFTjWjDUW0VAXJ000000Mk 2000 Main Street RX*x xenfeaax *ctarxlt�oec Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25S(7/97)1 of 2 #M178923 RLL © ACORD CORPORATION 1988 o-`&' `"S, 'a Additional Insured as respects to General Liability as required by written contract.Primary and Non-Contributing coverage applies to GL as required by written contract. d x a AMS 25.3(07/97)2 of 2 #M178923 POLICY NUMBER: P63050OD4092TIL06 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: Chris Mendoza 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 ll)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. Name of Person or Organization 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. CG20101185 D&B Business Information Report: RBF CONSULTING FOUNDATION Pagel of 8 0 Dun&Bradstreet Business Information Report To save report(s)to your PC, click here for instructions. ❑Print this Report Copyright 2007 Dun& Bradstreet- Provided under contract for the exclusive use of subscriber 098022862L ATTN: jlockhart*asurfcity-hb.org Report Printed: MAY 15 2007 In Date BUSI ESS SUMMARY RBF CONSULTING FOUNDATION ^n 14725 Alton Parkway �— Irvine, CA 92618 D&B s Credit Limit Recommendation D&B's industry and risk-based limit guidance =0❑ Payment Trends Profile Payment trends and industry benchmarks �____1 M This is a headquarters location. D-U-N-S Number: 08-182-0458 Branch(es) or division(s) exist. Mailing address:Rural Route 7057 D&B Rating: I R2 Irvine, CA 92619 Number of employees: 1 R is 10 or more employees. Web site: www.rbf.com Composite credit 2 is good. appraisal: Telephone: 949 472-3505 D&B PAYDEX®: Chief executive: ROBERT BEIN, CEO I Month D&B PAYDEX: 76 I When weighted by dollar amount, payments to suppliers average 6 days beyond terms. 1, Year started: 1944 file://C:\Documents and Settings\DavisCh\Local Settings\Temporary Internet Files\OLK67... 5/15/2007 D&B Business Information Report: RBF CONSULTING FOUNDATION Page 2 of 8 Based on trade collected over last 12 months. Employs: 800 (350 here) Enhanced payment trends and industry benchmarks are available on this business History: CLEAR SIC: 8711 8713 Line of Civil engineers and land business: surveyors SUMMARY ANALYSIS D&B Rating: 1 R2 Number of employees: I indicates 10 or more employees. Composite credit appraisal: 2 is good. The 1R and 2R ratings categories reflect company size based on the total number of employees for the business. They are assigned to business files that do not contain a current financial statement. In I and 2R Ratings, the 2, 3, or 4 creditworthiness indicator is based on analysis by D&B of public filings, trade payments, business age and other important factors. 2 is the highest Composite Credit Appraisal a company not supplying D&B with current financial information can receive. For more information, see the D&B Rating Key. Below is an overview of the company's rating history since 01/01/91: D&B Rating Date Applied 1 R2 07/21/95 -- 01/01/91 The Summary Analysis section reflects information in D&B's file as of May 14, 2007. CUSTOMER SERVICE If you have questions about this report, please call our Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. If you are outside the U.S. contact your local D&B office. *** Additional Decision Support Available *** Additional D&B products, monitoring services and specialized investigations are available to help you evaluate this company or its industry. Call Dun& Bradstreet's Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. or visit our website at www.dnb.com. file://C:\Documents and Settings\DavisCh\Local Settings\Temporary Internet Files\OLK67... 5/15/2007 D&B Business Information Report: RBF CONSULTING FOUNDATION Page 3 of 8 HISTORY The following information was reported 04/03/2007: Officer(s): ROBERT BEIN, CEO BOB KALLENBAUGH, CO-PRES JIM MCDONALD, CO-PRES DOUGLAS FROST, EXEC VP. CFO DIRECTOR(S): THE OFFICER(S) Corporate file #00423965. Business started 1944 by Jack G. Raub, William Frost and others. 60% of capital stock is owned by 6 investors. 70% of the capital stock is owned by 28 investors none of which own more than 10% individually. Business started in 1940, incorporated in 1961, and has been in the continuous control of principals and family since inception. ROBERT BEIN born 1933. OCCUPATIONAL BACKGROUND: 1961-present active here. BOB KALLENBAUGH born 1953. OCCUPATIONAL BACKGROUND: 1974-present active here. JIM MCDONALD born 1954. OCCUPATIONAL BACKGROUND: 1974-present active here. DOUGLAS FROST born 1949. OCCUPATIONAL BACKGROUND: 1972 graduated from California State University, Long Beach, CA. 1972-1974 employed by Great American Insurance CO, Los Angeles, CA. 1974-1984 senior manager for Haskin Sells Accountancy later becoming Haskins Deloitte and Sells then becoming Deloitte Touche, Costa Mesa, CA. 1984-present active here. CORPORATE FAMILY Click below to buy a Business Information Report on that family member. For an expanded, more current corporate family view, use D&B's Global Family Linkage product. Buy Selected Report(s) Branches (US): ❑ Rbf Consulting Camarillo, CA DUNS # 79-806-8235 ❑ Rbf Consulting Marina, CA DUNS # 16-699-5311 ❑ Rbf Consulting San Rafael, CA DUNS # 80-914-7036 Rbf Consulting Las Vegas,NV DUNS # 10-266-1175 file://C:\Documents and Settings\DavisCh\Local Settings\Temporary Internet Files\OLK67... 5/15/2007 D&B Business Information Report: RBF CONSULTING FOUNDATION Page 4 of 8 Rbf Consulting Foundation Carlsbad, CA DUNS # 15-581-4408 El Rbf Consulting Foundation Palm Desert, CA DUNS # 17-509-9530 Rbf Consulting Foundation Sacramento, CA DUNS # 10-118-3700 Rbf Consulting Foundation San Diego, CA DUNS # 08-820-2379 ❑ Rbf Consulting Foundation Temecula, CA DUNS # 78-688-7703 Rbf Consulting Foundation Walnut Creek, CA DUNS # 94-284-8714 Buy Selected Report(s) BUSINESS REGISTRATION CORPORATE AND BUSINESS REGISTRATIONS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL SOURCE AS OF MAY 04 2007: This data is for informational purposes only, certification can only be obtained through the Sacramento Office of the California Secretary of State. Registered Name: RBF CONSULTING Business type: CORPORATION Corporation type: PROFIT Date incorporated: NOV 27 1961 State of incorporation: CALIFORNIA Filing date: NOV 27 1961 Registration ID: C0423965 Status: ACTIVE Where filed: SECRETARY OF STATE/CORPORATIONS DIVISION, SACRAMENTO, CA Registered agent: DOUGLAS J FROST, 14725 ALTON PKWY, IRVINE, CA, 926180000 Principals: ROBERT W BEIN, PRESIDENT, 14725 ALTON PKWY, IRVINE, CA, file://C:\Documents and Settings\DavisCh\Local Settings\Temporary Internet Files\OLK67... 5/15/2007 D&B Business Information Report: RBF CONSULTING FOUNDATION Page 5 of 8 926180000 OPERATIONS 04/03/2007 Description: Planning, design and construction management firm providing Civil engineering (70%), land surveying and planning services to both private and public sector clients (30%). Terms are contracts based on a fee basis. Sells to developers and districts. Territory United States (99%) and Internationally (1%). Nonseasonal. Employees: 800 which includes officer(s) and 32 part-time. 350 employed here. Facilities: Leases 70,000 sq. ft. in a two story concrete block building. Location: Suburban business section on well traveled street. Branches: The company maintains branches in Camarillo, Palm Desert, San Diego, Walnut Creek, San Jose, Temecula, Ontario, Sacramento, Carisbad, and Los Angeles, CA. Phoenix, AZ and Las Vegas,NV. All branches have the same name and operations. SIC & NAICS SIC: NAICS: Based on information in our file, D&B has 541330 Engineering Services assigned this company an extended 8-digit SIC. 541330 Engineering Services D&B's use of 8-digit SICs enables us to be more specific to a company's operations than if we use the standard 4-digit code. The 4-digit SIC numbers link to the description on the Occupational Safety & Health Administration(OSHA) Web site. Links open in a new browser window. 87110402 Civil engineering 87130000 Surveying services D&B PAYDEX Enhanced payment trends and industry benchmarks are available on this business The D&B PAYDEX is a unique, dollar weighted indicator of payment performance based on up to 87 file://C:\Documents and Settings\DavisCh\Local Settings\Temporary Internet Files\OLK67... 5/15/2007 D&B Business Information Report: RBF CONSULTING FOUNDATION Page 6 of 8 payment ex eriences as reported to D&B b trade references. 3-Month D&B PAYDEX: 76 12-Month D&B PAYDEX: 76 When weighted by dollar amount, payments When weighted by dollar amount,payments to suppliers average 6 days beyond terms. to suppliers average 6 days beyond terms Based on trade collected over last 3 months. Based on trade collected over last 12 months. When dollar amounts are not considered,then approximately 82% of the company's payments are within terms. PAYMENT SUMMARY The Payment Summary section reflects payment information in D&B's file as of the date of this report. Below is an overview of the company's dollar-weighted payments, segmented by its suppliers'primary industries: Total Total Largest Within Days Slow RcV d Dollar High Terms <3131-60 61-90 90> Amts Credit o 0 Top industries: Telephone 11 communictns The highest Now Owes on file is $100,000 The highest Past Due on file is $10,000 Dun& Bradstreet has 87 payment experiences in its file for this company. For your convenience,we have displayed 80 representative experiences in the PAYMENTS section. PAYMENT DETAILS Detailed Payment History Date Reported Paying High Now Past Due Last Sale (mm/yy) Record Credit Owes ($) Selling Terms Within ($) ($) (months) Payment experiences reflect how bills are met in relation to the terms granted. In some instances payment beyond terms can be the result of disputes over merchandise, skipped invoices etc. file://C:\Documents and Settings\DavisCh\Local Settings\Temporary Internet Files\OLK67... 5/15/2007 D&B Business Information Report: RBF CONSULTING FOUNDATION Page 7 of 8 Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. FINANCE 05/31/2006 On MAY 312006 John Peters, Controller, declined all information. As of May 312006 a search of Dun& Bradstreets Public Record database found no open suits, liens, judgements or UCCs to which Rbf Consulting Foundation at 14725 Alton Parkway, Irvine CA was named defendant or debtor. Public records received hereafter will be entered into the database and will be included in reports which contain a Public Filings section. PUBLIC; FILINGS A check of D&B's public records database indicates that no filings were found for RBF CONSULTING FOUNDATION at 14725 Alton Parkway, Irvine CA. D&B's extensive database of public record information is updated daily to ensure timely reporting of changes and additions. It includes business-related suits, liens,judgments, bankruptcies, UCC financing statements and business registrations from every state and the District of Columbia, as well as select filing types from Puerto Rico and the U.S. Virgin Islands. D&B collects public records through a combination of court reporters, third parties and direct electronic links with federal and local authorities. Its database of U.S. business-related filings is now the largest of its kind. GOVERNMENT ACTIVITY" Activity summary Borrower (Dir/Guar): NO Administrative debt: NO Contractor: YES Grantee: NO Party excluded from federal program(s): NO Possible candidate for socio-economic program consideration Labor surplus area: YES (2007) Small Business: N/A 8(A) firm: N/A The details provided in the Government Activity section are as reported to Dun& Bradstreet by the federal government and other sources. file://C:\Documents and Settings\DavisCh\Local Settings\Temporary Internet Files\OLK67... 5/15/2007 D&B Business Information Report: RBF CONSULTING FOUNDATION Page 8 of 8 Copyright 2007 Dun& Bradstreet- Provided under contract for the exclusive use of subscriber 098022862L file://C:\Documents and Settings\DavisCh\Local Settings\Temporary Internet Files\OLK67... 5/15/2007 ATTACHMENT #3 Project Location ILU i ice_ - + T �. Talbert AV - � r c i - + F ,c IT _ ITI - - - Gun Range Site RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Gun Range EIR Contract COUNCIL MEETING DATE: August 20, 2007 RCA ATTACHMENTS t x STATUS M �. u . Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ 'Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) AttachedApp icable El Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACFIMENT f REVIEWED RET R1ED; „ORWARDEb Administrative Staff ( ) (, ) Deputy City Administrator (Initial) RE ) City Administrator (Initial) ( ) ) City Clerk ( ) EXPLANATION;FOR RETURN,OF ITEMa =rr Only)(Below Space For City Clerk's Use RCA Author: JE/MBB/CD City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 • OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 27, 2007 RBF Consulting 14725 Alton Parkway Irvine, CA 92618-2027 Attn: Alan Ashimine Dear Mr. Ashimine: Enclosed for your records is a fully executed copy of Professional Services Contract between the City of Huntington Beach and RBF Consulting for the preparation of an Environmental Impact Report for the Closed Gun Range Site. Sincerely, Jiro) Can L. Flynn City Clerk JF:pe Enclosure: Agreement G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone:714-536-5227)