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HomeMy WebLinkAboutRBF Consulting, a California Corporation - 2011-08-01 Council/Agency Meeting Held: l Deferred/Continued to: Appr ed ❑ Conditionally Approved ❑ Denied o C r s Sig tune Council Meeting Date: August 1, 2011 Department ID Number: PL 11-010 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 a Professional Service Contract with RBF Consulting in the amount of$196,783.00 for preparation of an Environmental Impact Report for Brookhurst Street and Adams Avenue Intersection Improvements Statement of Issue: Transmitted for City Council consideration is a professional services agreement with RBF Consulting for preparation of an Environmental Impact Report (EIR) for intersection improvements at Brookhurst Street and Adams Avenue. Financial Impact: Sufficient funds are available in account 87390002.69300 (OCTA GMA#6 Grant — Brookhurst/Adams Intersection - professional services). Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract between the City of Huntington Beach and RBF Consulting, a California Corporation for Brookhurst Street/Adams Avenue Intersection Improvements Project Environmental Impact Report" in the amount of One Hundred Ninety Six Thousand, Seven Hundred and Eighty Three dollars ($196,783.00) as prepared by the City Attorney. Alternative Action(s): 1. Deny the Professional Services Contract between the City and RBF Consulting. 2. Continue the item and direct staff accordingly. HB -139- Item 12. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 8/01/2011 DEPARTMENT ID NUMBER: PL 11-010 Analysis: A. PROJECT PROPOSAL Applicant: City of Huntington Beach Location: Intersection of Brookhurst Street and Adams Avenue Project: Professional services agreement with RBF Consulting for preparation of an EIR for intersection improvements at Brookhurst Street and Adams Avenue. B. PROJECT BACKGROUND The Orange County Transportation Authority (OCTA) Master Plan of Arterial Highways (MPAH) currently designates two future crossings over the Santa Ana River affecting the cities of Huntington Beach, Costa Mesa, Fountain Valley, and Newport Beach. These crossings are located at Garfield Avenue/Gisler Avenue and at Banning Avenue/19th Street. For more than 15 years, the cities of Costa Mesa and Huntington Beach have expressed concern for the potential impacts of these future crossings and have actively pursued their deletion from the MPAH. The affected cities and OCTA previously undertook a cooperative study process to complete an environmental evaluation of the potential deletion of the two bridges from the MPAH. A final draft EIR for the bridge removals was completed in April 2002. However, due to opposition from the Cities of Fountain Valley and Newport Beach, OCTA did not attempt to certify the EIR. Subsequently, the City of Fountain Valley successfully obtained funding through OCTA grant programs to conduct preliminary engineering and environmental analysis of the Garfield/Gisler bridge. OCTA approved the funding of this effort with the condition that the study also evaluate alternatives to constructing the bridge. The feasibility study began in the summer of 2005. The process included participation from each of the affected agencies through the establishment of a Policy Advisory Committee. The study revealed two key results: first, construction of the bridge would be feasible from an engineering perspective, and second, a group of other roadway system improvements could be nearly as effective in meeting future transportation needs without the Garfield-Gisler bridge. This package of street improvements is referenced as Strategy A. Not all of the Policy Advisory Committee members agreed that the Strategy A improvements would fully offset the need for the bridge and objected to the deletion of the bridge at that time. As a result, a compromise solution was developed and implemented through a Memorandum of Understanding (MOU) between the affected agencies. The main points of the MOU are: • All affected agencies are signatories to the MOU • The bridge would be placed in a "right-of-way reserve corridor" status assuming appropriate actions by each individual city to amend their General Plans and OCTA amending the MPAH • All parties agree to perform future transportation and land use planning assuming the bridge would not be constructed at any time in the future Item 12. - 2 HB -140- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/01/2011 DEPARTMENT ID NUMBER: Pt. 11-010 • All parties agree to take appropriate steps to pursue funding and implement all of the improvements identified in Strategy A by 2020 • If Huntington Beach or Costa Mesa fail to complete improvements within their respective cities, the bridge would be reclassified as a planned roadway in 2021 • If Fountain Valley fails to complete improvements within their city, the bridge would remain in right-of-way reserve status • Following completion of the improvements, a follow-up study will be performed to evaluate the effectiveness of the improvements in offsetting the need for the bridge On November 6, 2006, the City Council of the City of Huntington Beach approved Memorandum of Understanding C-6-0834 Among Cities of Costa Mesa, Fountain Valley, and Huntington Beach and the Orange County Transportation Authority Regarding Agency Responsibilities for Implementing the Consensus Recommendation for the Garfield-Gisler Bridge Crossing over the Santa Ana River. The City is currently in the process of updating the General Plan Circulation Element. The Draft document depicts the redesignation of Garfield Avenue, east of Brookhurst Street as Right-of-Way Reserve as agreed to in the MOU. As specified in the MOU, the following items are the City of Huntington Beach's Strategy A responsibilities with respect to this intersection: • Install a bus turnout at the existing bus stop at northbound Brookhurst Street at Adams Avenue; • Install a bus turnout at the existing bus stop at southbound Brookhurst Street at Adams Avenue; • Consolidate driveways on the northbound and southbound sides of Brookhurst Street at Adams Avenue; • Add a fourth through lane in the north, south, east, and westbound approaches at Brookhurst Street/Adams Avenue; • Add dedicated right-turn lanes in the north and southbound approaches of Brookhurst Street. Implementation of these items will require roadway widening. The proposed roadway widening will have right-of-way impacts on all four legs of the intersection on both sides of each street. Improvements to the full roadway width requirements are projected to require approximately 84,000 square feet of right-of-way acquisition, predominantly from commercial properties. Multi-family residential properties on the north leg of Brookhurst Street and single family properties on the south leg of Brookhurst will be affected by the widening, although no impacts to buildings are anticipated. The limits of construction on Brookhurst Street will be approximately 1,200 feet north of Adams Avenue and approximately 1,000 feet to the south. Along Adams Avenue, the limits of construction will be approximately 1,400 feet to the west of Brookhurst Street and approximately 1,100 feet to the east. The roadway widening and bus turnout project will require construction of curb, gutter, sidewalk, a new pavement HB -1.41- Item 12. - 3 REQUEST FOR COUNCIL ACTION MEETING DATE: 8/01/2011 DEPARTMENT ID NUMBER: PL 11-010 section, drainage facilities, traffic signal modifications, street lighting, and signing and striping. The environmental documentation will analyze the environmental effects of the proposed roadway widening, property acquisition, and construction. The EIR will evaluate impacts in relation to their severity and probability of occurrence and shall identify appropriate modifications to the project to mitigate any environmental impacts to the extent feasible. C. CONSULTANT SELECTION PROCESS Staff solicited proposals from three qualified consultants for this project: - Chambers Group - PCR Services Corporation - RBF Consulting All three responded and were reviewed by staff from the Planning and Building Department, Economic Development Department and Public Works Department. Two (PCR and RBF) of the three proposals met the minimum qualifications. Although PCR Services Corporation submitted a proposal that was adequate, the RBF Consulting proposal was rated as superior by staff due to their high level of technical expertise, experience on other roadway widening projects, and experience with the City of Huntington Beach. D. STAFF RECOMMENDATION A Professional Services Agreement between the City and RBF Consulting is necessary to prepare the required EIR. Staff recommends the City Council approve the contract with RBF Consulting in the amount of $196,783.00 and authorize the Mayor and City Clerk to execute the agreement. Environmental Status: Projects over which public agencies exercise ministerial authority, such as this agreement contracting for preparation of environmental documentation, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): • ® - • • 1. "Professional Services Contract Between the City of Huntington Beach and RBF Consulting, a California Corporation for Brookhurst Street/Adams Avenue Intersection Improvements Project Environmental Impact Report" Item 12. - 4 HB -1 42- ATTACHMENT # 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RBF Consulting,a California corporation FOR Brookhurst Street/Adams Avenue Intersection Improvements Project 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, CITY desires to engage the services of a consultant to prepare an Environmental Impact Report for the Brookhurst Street/Adams Avenue Intersection Improvements Project ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Glenn Lajoie who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional sves mayor I Of 11 12/07 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on — j4jZ4U,5r ®/, 20,OV_ (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 two(2)years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit ">B," which is attached hereto and incorporated by reference into this Agreement, a fee, one hundred ninety six thousand seven including all costs and expenses, not to exceed hundred eighty three Dollars ($ 196,783.00 ) 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 agree/surfnet/professional svcs mayor 2 of 11 12/07 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any agree/surfnet/professional svcs mayor 3 of 11 12/07 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. ' This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/surfnet/professional svcs mayor 4 of 11 12/07 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. agree/surfneUprofessional svcs mayor 5 of 11 12/07 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/swfnet/professional Svcs mayor 6 of 11 12/07 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach RBF Consulting ATTN: ATTN: Glenn Laioie,AICP 2000 Main Street 14725 Alton Parkway Huntington Beach, CA 92648 Irvine, CA 92618 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/surtnet/professional svcs mayor 7 of 11 12/07 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be agree/surfnet/professional svcs mayor 8 of 11 12/07 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnet/professional svcs mayor 9 of 11 12/07 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's initials a 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive anu's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/surfnet/professional svcs mayor 10 of 11 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a RBF Consulting municipal corporation of the State of COMPANY NAME California a California corporation o ly, or By: - ��� Glenn Lajoie print name ty Clerk ITS: (circle one)Chairman/Presiden ice President AND INITIAT D ND APPROVED: Douglas J. Frost Y (NWCbTrectorlhief print name ITS: (circle one)Secretary Chief Financial Officer/ sst. Secretary-Treasurer REVI ND APPROVED: i y Manager APPROVED AS TO FORM: rliCity Attorney For the CITY OF HUNTINGTON BEACH Director of Public Works agree/surfnet/professionalsvcs mayor 11 Of I 1 12/07 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The Consultant will prepare an Environmental Impact Report(EIR) for the Brookhurst Street and Adams Avenue Intersection Improvements Project in the City of Huntington Beach. The Draft EIR, Final EIR, and associated work products will be prepared in accordance with the criteria, standards and provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.), California CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), the City of Huntington Beach Environmental Guidelines, and the regulations requirements and procedures of any other responsible Public Agency with jurisdiction by law. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1.0 PROJECT SCOPING 1.1 PROJECT KICK-OFF The EIR work program will be initiated with a kick-off meeting with City Staff to discuss the project in greater detail. The meeting will include a detailed review of the project description and available engineering or technical information. This task also assumes that the City will provide CONSULTANT project plans reflecting any changes that may have occurred since release of the RFP. 1.2 RESEARCH AND INVESTIGATION Subsequent to project kick-off, CONSULTANT will obtain and review available referenced data for the project area, including policy documentation from the City of Huntington Beach,County of Orange, OCTA, State and Federal agencies,the Southern California Association of Governments and all other agencies which may be affected by the project. This task includes a visit to the project area,which will include a detailed photographic recording of on-and off-site conditions. 1.3 AGENCY CONSULTATION As indicated in Section 15083 of the CEQA Guidelines, many public agencies have found that early consultation solves many potential conflicts that could arise in more serious forms later in the review process. Although the Notice of Preparation and Public Scoping Meeting will provide that opportunity, ' CONSULTANT 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 NOTICE OF PREPARATION AND INITIAL STUDY CONSULTANT will prepare, distribute and file the Notice of Preparation(NOP)and Initial Study for the EIR. A draft NOP and Initial Study will be prepared and forwarded to City Staff for review and comment. CONSULTANT will then finalize the NOP and Initial Study for distribution based on a City- Surfnet Exhibit A approved distribution list. The Initial Study will include detailed explanations of all checklist determinations and discussions of potential environmental impacts and will contain a description of the project, the project location, and a description of the environmental setting. Based on discussions with City staff, this task assumes that the City would be responsible for reproduction and distribution of the NOP and Initial Study. 1.5 SCOPING MEETING A public scoping meeting will be conducted during the NOP public review period to give agencies and the community an understanding of the proposed project and an opportunity to comment on environmental concerns. The scoping meeting will orient the community on the CEQA review process and will be presented in a manner which the community can gain a greater understanding of the proposal, intent of CEQA and the key issue areas to be addressed in the EIR. CONSULTANT will provide a PowerPoint presentation, handouts and presentation-size graphics to supplement the discussion. Following the presentation, the meeting will be devoted to public participation, questions and comments. Written comment forms will be provided for this purpose, and these comments, along with oral comments,will become a part of the administrative record. 2.0 PREPARATION OF ADMINISTRATIVE DRAFT FIR Note: The Administrative Draft EIR for the project will include the components listed in Section 3.1.1, Environmental Documentation Format, of the City's RFP. In addition, through a review of available documentation for the project area, CONSULTANT has determined that none of the buildings/structures to be affected by the project are considered historically significant. Thus, a cultural resources analysis is not included within this scope of work. 2.1 INTRODUCTION The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Huntington Beach CEQA implementation procedures. 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 ENVIRONMENTAL SUMMARY The Executive Summary will include 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 this EIR will be based upon information provided at the kick-off meeting outlined in Task I.I I. This section will detail the project location, background and history of the project, discretionary actions, characteristics, goals and objectives, construction program, phasing, agreements, and required permits and approvals that are required based on available information. This section will include a summary of the project's local environmental setting for the project. Exhibits depicting the regional and site vicinity will be included in this section. 2.4 THRESHOLDS OF SIGNIFICANCE Surfnet Exhibit A This section will provide a comprehensive description of thresholds of significance for each issue area of the environmental analysis. The significance threshold criteria will be described and will provide the basis for conclusions of significance. Primary sources to be used in identifying the criteria include the CEQA Guidelines, local, State,Federal or other standards applicable to an impact category. 2.5 CUMULATIVE PROJECTS/ANALYSIS In accordance with Section 15130 of the CEQA Guidelines, the EIR will include a section providing a detailed listing of cumulative projects and actions under consideration for the analysis. The likelihood of occurrence and level of severity will be studied. The purpose of the 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 City's jurisdiction. The potential for impact and levels of significance are contingent upon the radius or area of interaction with the project area. CONSULTANT will consult with City staff and other applicable local jurisdictions to define the appropriate study area for the cumulative analysis. The cumulative analysis for each topical area will be incorporated throughout the analysis in Section 2.6. I 2.6 ENVIRONMENTAL IMPACT ANALYSIS CONSULTANT 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 (e.g., through NOP and scoping meeting comments received by the City, or other relevant informative sources) will also be evaluated. The analyses will be based upon 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 CONSULTANT. Based upon our review of the RFP and available documentation, correspondence with City staff, and site reconnaissance, CONSULTANT has included the following environmental issue areas for inclusion in the EIR: A. Air Quality The air quality analysis will be conducted by CONSULTANT's in-house technical team. CONSULTANT's air quality specialists have an extensive background in preparing, modeling, and conducting analyses pursuant to air quality district requirements and the CEQA Guidelines. The scope of work is as follows: Existing Conditions. The project is located within the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). CONSULTANT will describe the meteorological conditions and discuss ambient air monitoring data collected at the nearest monitoring station which is located in the City of Costa Mesa. A description of the regulatory framework relating to air quality (i.e., California Clean Air Act, Air Quality Management Plan, etc.) will also be provided. Demolition/Construction-Related Emissions. Short-term dust and equipment exhaust due to demolition/construction activities will be estimated. Based on data provided by the City, detailed estimates of the construction emissions will be calculated. The air pollutant emissions during construction will be compared to the SCAQMD Regional and Local Significance Thresholds. CONSULTANT will also qualitatively discuss naturally occurring asbestos impacts. S❑rfnet Exhibit A Operational Air Emissions. CONSULTANT will quantify operational emissions then provide a comparison to the SCAQMD regional thresholds of significance. The emissions will be quantitatively derived utilizing the EMFAC2007 and URBEMIS2007 models. Due to the nature of the project, estimates of the mobile source air toxic (MSAT) emissions will also be estimated. Project consistency with the SCAQMD's 2007 Air Quality Management Plan for the South Coast Air Basin will be evaluated. Localized Emissions. Consistent with the SCAQMD environmental justice program and Localized Significance Threshold (LST) methodologies, CONSULTANT will identify impacts using SCAQMD's localized thresholds to identify localized emissions impacts. Should projected traffic volumes and levels of service warrant Carbon Monoxide Hotspot modeling, CONSULTANT will model intersections utilizing the BREEZE ROADS model. The analysis will be consistent with the Transportation Project- Level Carbon Monoxide Protocol, prepared by the Institute of Transportation Studies at the University of California,Davis. B. Greenhouse Gas Analysis/Climate Change CONSULTANT's in-house global climate change experts are at the forefront in developing sound scientific assessments and strategies within the rapidly changing regulatory environment. As a result of our experience, CONSULTANT has developed proprietary models for quantifying and analyzing greenhouse gases from a variety of direct and indirect sources including construction, vehicular traffic, electricity consumption,water conveyance and sewage treatment. The scope of work is as follows: Emissions Inventory. CONSULTANT will prepare an inventory of the GHG emissions (i.e., nitrous oxide, methane, and carbon dioxide). The emissions inventory will be compiled consistent with the methodology prescribed by CARB in the Local Government Operations Protocol for the Quantification and Reporting of Greenhouse Gas Emissions Inventories. As the project consists of a roadway project, it is not considered a trip generating land use. Thus, the analysis will be limited to GHG's produced from construction related activities. Per SCAQMD guidance, the GHG emissions estimates for construction will be amortized over a 30-year timeframe and compared to a quantitative limit. Enemy Conservation. CONSULTANT will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3) and Appendix F of the CEQA Guidelines. These statutes and guidelines require an EIR to describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. The analysis will analyze energy consumption associated with short-term construction activities. C. Hazards and Hazardous Materials As the proposed project would involve the acquisition of new property for the purposes of roadway right- of-way acquisition, CONSULTANT has included the preparation of a Phase I Environmental Site Assessment(ESA)in support of the hazardous materials analysis in the EIR. CONSULTANT's in-house hazardous materials specialists have prepared hundreds of Phase I ESA's and due-diligence studies for infrastructure projects throughout southern California, including numerous roadway and intersection widening projects Caltrans and local municipalities. As part of the proposed project, multiple structures associated with commercial uses(including a gasoline station) could-be affected as part of the proposed roadway widening. The ESA will include the following components: Surfnet Exhibit A • CONSULTANT will perform a site visit,which will consist of a visual examination of the project site for visual evidence of potential environmental concerns, including existing or potential soil and groundwater contamination as evidenced by soil or pavement staining or discoloration; stressed vegetation; indications of waste dumping or burial; pits; ponds; or lagoons; containers of hazardous substances or petroleum products; electrical and hydraulic equipment that may contain PCBs, such as electrical transformers and hydraulic lifts; and underground and aboveground storage tanks. CONSULTANT will examine the physical characteristics of the property (i.e., apparent runoff directions, location of paved areas, etc.). CONSULTANT assumes that access to the interior of on-site commercial structures (proposed for demolition or alternation) is not available; observations of these structures will be conducted along areas of public right-of-way. It should be noted that the site visit specifically excludes any subsurface investigation including, but not limited to, sampling and/or laboratory analysis; • A preliminary visual examination of immediately adjacent property conditions and their general nature will be conducted; • An investigation of historical uses of the project site by examining locally available aerial photographs (including historical aerial photos), historical topographic maps, and other available documentation for evidence of potential environmental concerns associated with prior land uses; • CONSULTANT will interview knowledgeable persons (i.e., current property owners, operators, occupants, as well as adjacent residents, if available) to identify operations conducted on the project site and neighboring properties, if any. CONSULTANT will also identify the uses of all adjoining properties (i.e., those contiguous to the project site). If such operations are likely to affect the project site by contamination with hazardous substances or petroleum products, CONSULTANT will describe the risks presented to the project site within the ESA; • A review of information available on general geology and topography of the project site and local groundwater conditions; • Investigations will be conducted for each proposed Assessor's Parcel Number (APN) to be acquired as part of the project. This analysis will include an exhibit illustrating the propose project, the existing roadway right-of-way, the proposed roadway right-of-way, APNs, and the proposed acquisition areas. A table will also be provided that will summarize potential recognized environmental conditions(RECs)per each APN; • A review of the commercial database summaries, provided by Environmental Data Resources, Inc. (EDR),regarding public agency records; • CONSULTANT will search for environmental liens and activity and use limitations (AULs) that may be filed for on-site properties that involve structural modification/demolition; and • A review of available property data for the project site. The ESA is not intended to provide specific qualitative or quantitative information as to the actual presence of hazardous materials at the project site, but is to merely identify the potential presence based on available information. To achieve the objectives we propose to conduct one (1) ESA, in general accordance with the American Society for Testing and Materials(ASTM) Standard Practice E1527-05,to provide preliminary conclusions relative to site conditions. D. Hydrology and Water Quality The proposed project has the potential to result in hydrology/water quality impacts during both construction and long-term operations. This scope of work assumes that the City's Public Works Surfnet Exhibit A Department will provide CONSULTANT with technical information(e.g., a Hydrology Technical Study and Preliminary Water Quality Management Plan) to support the conclusions reached in the EIR. This impact section will document existing conditions and provide a description of potential project impacts during construction (e.g., soil erosion and contaminants from construction vehicles) and long-term operations (e.g., adequacy of storm drain facilities and urban runoff). If applicable, mitigation measures will be provided. Technical data provided by the City will be included as an appendix to the EIR. This task assumes that City-provided technical documentation will contain adequate information and detail to respond to impact criteria under the CEQA Guidelines, including water quality, groundwater impacts, and drainage patterns. F. Land Use and Planning This section will provide a detailed review of the proposed project and potential effects related to properties adjacent to the site. As stated within the RFP, the project may impact the ability of adjacent uses to comply with applicable zoning requirements in terms of lot size, lot width, landscaping, parking, setbacks, floor area ratios, and design standards. Utilizing site analysis and zoning conformance data to be provided to the City, this impact section will analyze the project's potential to result in conflicts with applicable zoning requirements. F. Noise CONSULTANT's in-house acoustical team will conduct the noise analysis. Construction and operation of the proposed project would occur in close proximity to residential uses located along Brookhurst Street and Adams Avenue. In consideration of these sensitive receptors,the scope of work is as follows: Existing Conditions. CONSULTANT will review applicable noise and land use compatibility criteria for the project area.Noise standards regulating noise impacts in the noise standards for the City of Huntington Beach will be discussed for land uses on and adjacent to the project sites.CONSULTANT will conduct a site visit and conduct short-term noise level measurements along the project area.Noise monitoring equipment will consist of a Bruel & Kjxr model 2250 sound level meter (SLM) equipped with Bruel & KjTr pre-polarized freefield microphone. The results of the noise measurements will be post-processed and graphically illustrated with the Bruel&Kjwr Noise Explorer software. The noise monitoring survey will include short-term measurements at up to four separate locations to establish baseline noise levels in the project area. Demolition/Construction-related Noise. Demolition and construction would occur during implementation of the proposed project. Noise impacts from construction sources will be analyzed based on the equipment, construction task, equipment type, horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (L.max) and hourly equivalent continuous noise levels (Len) and the frequency of occurrence at adjacent sensitive locations. Analysis requirements will be based on the sensitivity of the area and the Noise Ordinance specifications of the City of Huntington Beach. The traffic noise levels from construction workers accessing the site will be qualitatively evaluated. Operational Noise Sources. Due to the nature of the improvements, additional traffic is expected along Brookhurst Street and Adams Avenue. The noise from the traffic along the roadways within the study area will be quantified with the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77- 108). Potential noise impacts due to the increased traffic, as well as moving the traffic lanes closer to sensitive uses will evaluated against the City's land use compatibility standards. G. Traffic and Circulation Suffnet Exhibit A The proposed project is intended to improve traffic conditions within the site vicinity and is required under the Memorandum of Understanding C-6-0834 between the cities of Huntington Beach, Costa Mesa, Fountain Valley and OCTA. This task assumes the City's Public Works Department will provide CONSULTANT with the existing traffic study that provided the basis for the Memorandum of Understanding C-6-0834, in addition to supplemental traffic analysis currently underway that analyzes proposed lane configurations and accounts for 2030 forecasts. This task assumes that City-provided technical documentation will contain adequate information and detail to respond to impact criteria under the CEQA Guidelines, including a determination of the project's consistency with applicable local or regional standards and thresholds. This impact section will provide a detailed description of existing traffic conditions and lane configurations. It will incorporate the City-provided data to determine the potential impacts created by project improvements at the intersection, and provide clear findings in accordance with the CEQA Guidelines. If required, mitigation measures will be provided to minimize impacts. Technical data provided by the City will be included as an appendix to the EIR. H. Utilities and Service Systems The proposed intersection widening would require the relocation of utilities, including overhead electrical lines on both Brookhurst Street and Adams Avenue. As such, CONSULTANT has included this task to prepare an impact section within the EIR that addresses utilities and service systems under the CEQA Guidelines. This section will evaluate potential physical impacts related to the relocation of electrical and/or other utilities. CONSULTANT will contact potentially-affected agencies to identify relevant existing conditions, project impacts, and recommended mitigation measures. CONSULTANT will identify any physical impacts as a result of utilities to be affected by the project and any concerns related to adequate utility service to local users. 2.7 GROWTH INDUCEMENT CONSULTANT will provide a project specific analysis update of potential growth-inducing impacts pursuant to CEQA Guidelines Section 15126(g). The analysis in this section was based on data from the City of Huntington Beach, California Department of Finance, and U.S. Census. The section discusses ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. The analysis addresses growth-inducing impacts in terms of whether the project influences the rate, location, and the amount of growth. Growth-inducing impacts are assessed based on the project's consistency with adopted/proposed plans that have addressed growth management from a local and regional standpoint. Potential growth- inducing impacts from the proposed development will be analyzed as they relate to population, housing and employment factors. 2.8 ALTERNATIVES TO THE PROPOSED ACTION The range of Alternatives is expected to include the No Project, a reduced design,and one other Alternative that may be considered through the project review process. It is anticipated that coordination between the City's engineering consultant and CONSULTANT would be required to provide a design basis for each alternative. Surfnet Exhibit A Pursuant to CEQA Guidelines Section 15126.6, CONSULTANT will provide an analysis of a"reasonable range"of alternatives, comparing environmental impacts of each alternative in each impact area to the project. For each alternative, CONSULTANT will provide a qualitative analysis,which will include traffic(based upon available data in the Traffic Report), air quality,noise,infrastructure, land use and global climate change. One important element of the Alternatives section will be an impact matrix which will offer a comparison of 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 CEQA Guidelines and to recent and applicable court cases. CONSULTANT will discuss as required by the 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. 2.9 ADDITIONAL SECTIONS CONSULTANT will provide additional sections in the EIR to meet CEQA and City requirements including the following: Significant Irreversible Environmental Changes That Would Be Involved if the Proposed Action Should It Be Implemented,Effects Found Not To Be Significant,Inventory of Unavoidable Adverse Impacts, and Organizations and Persons Consulted/Bibliography. 2.10 GRAPHIC EXHIBITS The EIR will include up to 20 graphic exhibits to enhance to be utilized within the EIR and for meetings/public hearings. CONSULTANT's in-house graphic design team will create color and/or black and white graphics to enhance the written text and clarify potential project impacts. This task assumes that the City's GIS Department will provide the following base maps for CONSULTANT's use: vicinity map, General Plan land use map,zoning map, assessor's parcel map, aerial photo, and existing utilities. 3.0 DRAFT EIR 3.1 PRELIMINARY DRAFT EIR CONSULTANT will respond to one complete set of City comments on the Administrative Draft EIR. If desired by the City, CONSULTANT will provide the Preliminary Draft of the EIR with all changes highlighted to assist the final check of the document. 3.2 COMPLETION OF THE DRAFT EIR CONSULTANT will respond to a second review of the Preliminary Draft EIR and will prepare the report for the required 45-day public review period. In addition, CONSULTANT will prepare the Notice of Availability (NOA) and Notice of Completion (NOC) to initiate the 45-day public review period for the EIR. CONSULTANT will develop an EIR distribution list in consultation with the City, and will distribute the document to appropriate County, State, and Federal agencies. This task assumes that the City will be responsible for distribution of the EIR/notices to property owners/organizations, publication in the local newspaper, and posting at the County Clerk. The EIR will also be provided to the City in PDF format, indexed and searchable by chapter. Surfnet Exhibit A 4.0 FINAL ENVIRONMENTAL IMPACT REPORT 4.1 RESPONSES TO COMMENTS CONSULTANT will respond to comments received on the Draft EIR during the 45-day public review period, and additional comments raised during public hearings. CONSULTANT will prepare thorough, reasoned and sensitive responses to relevant environmental issues. The Draft Responses to Comments will be prepared for review by City staff. Following review of the Draft Responses to Comments, CONSULTANT will finalize this section for inclusion in the Administrative Final EIR. It is unknown at this time the extent of public and agency comments that will result from the review process. CONSULTANT has budgeted conservatively, given the potential scrutiny involved with the proposed project. 4.2 FINAL EIR The Final EIR will consist of the revised Draft EIR text, as necessary, and the"Responses to Comments" section. The Draft EIR will be revised in accordance with the responses to public comments on the EIR. To facilitate City review, CONSULTANT will format the Final EIR with shaded text for any new or " modified text, and"strike out"any text which has been deleted from the Final EIR. CONSULTANT will also prepare and file the Notice of Determination within five (5) days of EIR approval. This scope of work excludes payment of California Department of Fish and Game(CDFG)filing fees, is applicable. 4.3 MITIGATION MONITORING AND REPORTING PROGRAM To comply with the Public Resources Code Section 21081.6 (AB 32180), CONSULTANT will prepare a Mitigation Monitoring and Reporting Program 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 Mitigation Monitoring and Reporting Program for the proposed project. The Checklist indicates the mitigation measure number as outlined in the EIR, the EIR reference page (where the measure is documented), a list . of Mitigation Measure/Conditions of Approval (in chronological order under the appropriate topic), the Monitoring Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks. 4.4 FINAL EIR CERTIFICATION DOCUMENTS CONSULTANT will provide administrative assistance to facilitate the CEQA process including the preparation of the Notice of Determination (NOD), draft resolutions, the Statement of Overriding Considerations, and Findings for City use in the project review process. CONSULTANT will submit the Final EIR certification documentation for City review and will respond to one set of City comments. 5.0 PROJECT COORDINATION AND MEETINGS 5.1 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 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 Surfnet Exhibit A for compliance with CEQA requirements and guidelines and City CEQA procedures. CONSULTANT will coordinate 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. CONSULTANT will be available to meet with City staff to discuss particular project parameters,as required by the City. In addition, as requested, CONSULTANT will provide detailed progress reports on a monthly basis. All progress reports will include the status of documents currently in production,delivery dates of documents,upcoming meetings with City Staff,and any outstanding items to be resolved at that time. Each progress report will include a summary of tasks performed and the percentage of work completed to date according to individual task. 5.2 MEETINGS Mr. Lajoie, and/or Mr. Ashimine, will attend all staff meetings and will represent the Project Team at Planning Commission/City Council study sessions and public hearings. CONSULTANT will make presentations as determined by City staff. In response to the RFP, CONSULTANT proposes the following meetings: • One(1)kick-off meeting with City staff(refer to Task 1.1, above); • Two(2)team meetings with City staff and the City's engineering/traffic consultants; • One(1)public scoping meeting during the 30-day NOP review period; • Two(2)meetings with City staff; • One(1)public scoping meeting during the 45-day EIR review period; • One(1)Planning Commission Study Session; • Two(2)Planning Commission Public Hearings; • One(1)City Council Study Session; • One(1)City Council Public Hearing; and • Three (3) "floating" meetings (assumed four hours each) with outside agencies, individuals, or organizations in response to City requests for attendance. 6.0 DELIVERABLES The following is a breakdown of all products/deliverables as specified in the RFP. CONSULTANT can also provide a cost, per document, and can provide billing on a time and materials basis, as requested by the City. Per the RFP, this task includes costs associated with the periodic preparation of environmental summaries for memos and letters for City staff and the public. SECTION 1.0-PROJECT SCOPING • Five(5)copies of the Administrative Draft NOP and Initial Study • One(1)unbound reproducible copy of the NOP and Initial Study • One (1) electronic copy of the NOP and Initial Study (Microsoft Word and PDF indexed/searchable by chapter)for City use SECTION 2.0-PREPARATION OF ADMINISTRATIVE DRAFT EIR • Ten(10)copies of the Administrative Draft NOA and NOC • Ten(10)copies of the Administrative Draft EIR and Technical Appendices • One(1)electronic copy of the Administrative Draft EIR and Exhibits Surfnet Exhibit A SECTION 3.0-DRAFT EIR • Five(5)copies of the Second Administrative Draft EIR and Technical Appendices • One(1)electronic copy of the Second Administrative Draft EIR and Exhibits • Forty(40)copies of the Draft EIR for City use • Twenty five(25)copies of the Draft EIR Technical Appendices for City use • One(1)unbound reproducible copy of the Draft EIR for City use • One (1) electronic copy of the Draft EIR (Microsoft Word and PDF indexed/searchable by chapter)for City use • Thirty(30)copies of the Draft EIR for CONSULTANT's distribution to agencies • Thirty (30) CD's containing the Draft EIR Technical Appendices for CONSULTANT's distribution to agencies SECTION 4.0-FINAL.ENVIRONMENTAL.IMPACT REPORT • Ten(10)copies of the Administrative Final EIR, including Responses to Comments • Up to forty (40) copies of the Responses to Comments for CONSULTANT's distribution to commenting agencies/parties/individuals • Forty(40)copies of the Final EIR for City use • One(1)unbound reproducible copy of the Final EIR for City use • One (1) electronic copy of the Final EIR (Microsoft Word and PDF indexed/searchable by chapter)for City use • Four(4)copies of the Administrative Draft Mitigation Monitoring and Reporting Program • One(1)electronic copy of the finalized Mitigation Monitoring and Reporting Program • Two(2)copies of Administrative Draft certification documents • One(1)electronic copy of all finalized certification documents 7.0 OPTIONAL.TASKS 7.1 PARKING STUDY The proposed project would require approximately 84,000 square feet of additional right-of-way to allow for implementation of widening improvements. This right-of-way acquisition would reduce the amount of parking available at adjacent commercial centers. CONSULTANT has provided an optional task for a Parking Study based on applicable City parking and zoning requirements. The Parking Study would include data collection of parking on an hourly basis, collected by two staff persons, and will be collected from 10:00 AM until 7:00 PM (for a total of ten hours). Based on City parking/zoning requirements, observed demand at each affected property, and the number of spaces to be affected by the project, CONSULTANT will perform an analysis parking supply adequacy upon project completion. Surfnet Exhibit A C. CITY'S DUTIES AND RESPONSIBILITIES: l. City will provide requisite documents as needed and in a timely manner 2. D. WORK PROGRAM/PROJECT SCHEDULE: To begin upon notification by City. Schedule to be determined. Surfnet Exhibit A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. Project Manager $225.00/hr Transportation Engineer $225.00/hr Electrical/Utility Impacts $170.00/hr Traffic $160.00/hr Project Coordinator $150.00/hr Air Quality $150.00/hr Hazardous Materials $150.00/hr Senior Environmental Analyst $130.00/hr Graphic Artist $80.00/hr 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment ACORD CERTIFICATE OF LIABILITY INISI! NICE DATE(MMIDDIYY) 1 12 2010 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 Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURERA:Travelers Property Casualty Co of Ameri RBF Consulting INSURER B:Fireman Is Fund Insurance Co. PO Box 57057 Irvine CA 92619-7057 INSURER c:Underwriters at Lloyds Landon INSURER D: INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 63050OD4092 11/30/2010 11/30/2011 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1 000 000 CLAIMS MADE �:]OCCUR MED EXP(Any one person) $10 0 0 0 X Contractual PERSONAL&ADV INJURY $1 00 0000 X BFPD, XCU GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 000,000 POLICY X PRO- LOC A AUTOMOBILE LIABILITY 8109496B499 11/30/2010 11/30/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,0 0 0,0 0 0 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS AEIF D (Per person) $ X HIRED AUTOS JlJ! O o f8 er accILY INJURY $ X NON-OWNED AUTOS RATH,41 (Per accident) C� C1+ PROPERTY DAMAGE $ ti Ia] (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY SSE00048285639 11/30/2010 11/30/2011 EACH OCCURRENCE $10 000 000 X I OCCUR CLAIMS MADE AGGREGATE $10 0 0 0 0 0 0 Professional $ DEDUCTIBLE Liability is $ RETENTION $ Excluded $ WORKERS COMPENSATION AND T ICY LIA ITS OER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ rTHR E PI1 400 11/30/2010 11/30/2011 Per Claim $1,000,000 ofessional Liability Annl Aggr. $2,000,000 aims Made ESCRIPTION OF OPE OCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS e T ity policy excludes claims arising out of the performance of professional services. General Liability includes coverage for Independent Contractors. e: All Operations as performed by Named Insured. City 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 GL as required by written contract. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Huntington Beach; Attn: Justin KILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Wessels CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 2000 Main Street SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Huntington Beach CA 92648 HE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV F i ACORD 25-S(7197) ®ACORD CORP. T10N 1988 J COMMERCIAL GENERAL LIABILITY 63050OD4092 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement mortifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. g The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in "other insurance". But the insurance provided to sured does not apply to "bodily injury", "prop- the additional insured by this endorsement still is excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove,drawings and specifications;and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a engineering activities. claim. To the extent possible, such notice should include: CG D2 46 08 05 Q 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we H. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by ill. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence"or ance" available to the additional insured offense. which covers that person or organization as a. b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: S. The following definition is added to SECTION V. 1. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received;and "Written contract requiring insurance" means il. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or"suit"as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided"that the bodily injury and property damage oc- c) The additional insured must immediately curs and the"personal injury" is caused by an, send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies,Inc. CG D2 46 08 06 Consultants List Gun Range EIR Distributed October 28, 2010 Due: November 19, 2010 RBF Consulting 14725 Alton Parkway Irvine, CA 92619 Chambers Group, Inc. 5 Hutton Centre Drive Suite #750 Santa Ana, CA 92707 PCR Services Corporation 233 Wilshire Boulevard, Suite 130 Santa Monica, California 90401 T4 CITY OF HUNTIN TON BEACH _�tiw4i Professional Service Approval Forte PART I t f MAR 1 2010r 3Jr3r, Date: 3/8/2010 Project Manager Name: Jane James J Requested by Name if different from Project Manager: Chris Davis Department: Building and Planning PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Preparation of an Environmental Impact Report (EIR) to assess impacts resulting from a City initiated project to widen all four legs of the intersection of Brookhurst Street and Adams Avenue 2) Estimated cost of the services being sought: $ 150,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes❑ No 5) Business Unit and Object Code where funds are budgeted: 87390002.69365.1377 6) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized. De*partment Head Sign-at�� Date APPROVED D NIED ❑ City in' trator's Signature Date q6Director of Finance's Initialsr Deputy City Administrator's Initials Date Date n.=. CITY OF HUNTINGTON BEACH Professional Service Approval Form PART II Date: 5/14/2011 Project Manager: Jane James Requested by Name if different from Project Manager: Chris Davis Department: Planning and Building PARTS I & 11 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORMA MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: RBF 2) Contract Number: CHOOSE DEPARTMENT PLN 011 015 00 (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ 196,783.00 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Director of Finance (or designee) Signature Date City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FB17 199 P � Office of the City Clerk t Joan L. Flynn, City Clerk August 9, 2011 RBF Consulting Attn: Glenn Lajoie, AICP 14725 Alton Parkway Irvine, CA 92618 Dear Mr. Lajoie: Enclosed for your records is a copy the Professional Services Contract Between the City of Huntington Beach and RBF Consulting for Brookhurst Street/Adams Avenue Intersection Improvements Project Environmental Impact Report. Sincerely, '51jirto Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand