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HomeMy WebLinkAboutRBF Consulting; 2006-04-11;AMENDMENT TWO (2) TO AGREEMENT WITH RBF CONSULTING FOR PREPARATION OF A PROGRAM ENVIRONMENTAL IMPACT REPORT ON PONTO BEACHFRONT VILLAGE VISION PLAN (EIR 05-05) THIS AGREEMENT, made and entered into as of the .day of /2007, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and RBF Consulting, hereinafter referred to as "Consultant", shall serve to amend the previous contract dated April 11, 2006, attached hereto. All provisions of the original contract shall remain in effect, except the Work Program referenced in Section 1(a) shall be amended to include the additional work outlined in the Consultant's revised proposal, dated October 12, 2007, attached hereto, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by Thirty Three Thousand Six Hundred Fifty Dollars ($33,650) for the additional work, making the maximum fees payable a total of Two Hundred Eighty-five Thousand One Hundred Ninety Dollars ($285,190). IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: RBF Consulting CITY OF pal Name of Contractor ^ Bv: (print name/title (print name/title) APPROVED AS TO FORM: RONALD R. BALL, City Attorney Byj ssistant City Attorney City Attorney Approved Version 03/17/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of "•?>* c.U»r<l.personally appeared Nameli). of Signer(«f B-personally known to me D proved to me on the basis of satisfactory evidence WWVWWVWWWWWUWWWWVWUWiftft DIANE M. ELIAS CDMM. #1501373 _ NOTARY PUBLIC • CALIFORNIA g SAN DIEGO COUNTY -JCommission Expires July 17.20081wwwwvwwwwwmvwvwwvvvC to be the person(s)- whose name^s) is/are— subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/her/their authorized capacity(te6)v and that by his/hor/thoif signature(a^on the instrument the personfs^ror the entity upon behalf of which the person(e)— acted, executed the instrument. WITNESS my hand and official seal. vu^^K>1k " Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: AHefVot<4£ft'i' Alb. 3. Document Date: |0[ \Z\O~7 Number of Pages: . Signer(s) Other Than Named Above:. Capacity(res)-Claimed by Signer Signer's Name: D Individual P^Corporate Officer — Title(s): J VI • RIGHT THUMBPRINT OF SIGNER Top of thumb here D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Ohatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 JN 25-101951.001 Request No. 2 Date: October 12, 2007 ADDITIONAL WORK REQUEST SUMMARY Client: City of Carlsbad, California - Planning Department Work Requested By: City of Carlsbad, California Additional Project Alternatives and Project Summary of Additional Work: Coordination / Revisions to Traffic Analysis and EIR Estimated Fee for Additional Work: $33,650 SCOPE OF SERVICES The following work efforts are proposed in response to a request from the City of Carlsbad for RBF to prepare additional alternatives for the EIR subsequent to the public review period. Additional alternatives a fourth alternative for the re-alignment of Carlsbad Boulevard (Realignment Alternative #4), and an additional land use alternative that proposes public open space along the southern end of the Beach Resort site. This scope of work includes additional work efforts related to responding to comments from Caltrans and the City of Encinitas which included additional traffic analysis that could not have been foreseen at the time the original proposal was prepared. Other tasks include additional meeting time and addition costs for reproduction. Task 1 EIR Analysis of Carlsbad Boulevard Re-alignment - Alternative #4 RBF will prepare an additional re-alignment alternative for Carlsbad Boulevard by RBF for consideration in the EIR, per the request of the City of Carlsbad. The roadway re- alignment will be analyzed in the EIR for potential impacts on the environment, with respect to the issue areas considered in the EIR for the proposed project. If applicable, mitigation measures will be proposed to reduce significant impacts identified. The analysis will include addition of a table to summarize whether impacts related to Alternative #4 will be lesser or greater than those resulting from the proposed project. In addition, language will be added to the Executive Summary in the EIR to describe the re- alignment design of Carlsbad Boulevard proposed with Alternative #4. This task includes time for word processing and formatting efforts. Task 2 Graphic Illustration of Carlsbad Boulevard Re-alignment - Alternative #4 RBF will prepare an exhibit- to graphically illustrate the proposed re-alignment for Carlsbad Boulevard (Alternative #4) as directed by the City of Carlsbad. The re- alignment shall reflect a combination of Alternative #1 for the portion of the roadway south of Beach Way, and a new alignment running farther to the east for the portion of RBF Consulting October 12, 2007 Additional Work Request No. 2 City of Carlsbad Page 2 the roadway from Beach Way north to existing Ponto Road. This task assumes coordination with the City for obtainment of the as-built plans for the alignment of the roadway previously constructed as part of the Hanover Beach Colony project. The exhibit shall be prepared to the satisfaction of the City and will be included in the EIR. Rationale For Request: Tasks 1 and 2 are proposed as the result of a request made by City staff. These tasks are necessary to evaluate an additional alternative for Carlsbad Boulevard, as directed by the City, to investigate the potential for increased recreational amenities/park acreage created by re-alignment of Carlsbad Boulevard. This task is not included in the original scope of work approved by the City. Revisions to Traffic Analysis per City Comments Received from CALTRANS Task 3 Revisions to Traffic Impact Analysis per Comments Received from CALTRANS RBF will provide task coordination with the City of Carlsbad, as well as internally with RBF team members, to ensure that the traffic impact analysis accurately responds to comments received from CALTRANS. This task includes additional time to prepare an Intersecting Lane ILV analysis for all signalized ramp intersections, per the request of the City of Carlsbad, and in response to CALTRANS comments. The ILV analysis will be conducted for all study scenarios for weekday a.m. and p.m. peak periods. CALTRANS has requested that freeway ramps and freeway mainline be evaluated for the corridor. This additional analysis will be conducted for all study year scenarios. For horizon year conditions, improvements for widening I-5 will be assumed to be completed, as the model used to forecast year 2030 volumes assumes those improvements are in place. Rationale For Request: Task 3 is required because additional time is required beyond the original scope of work for RBF to respond to additional traffic-related comments received from CALTRANS, and to work closely with City traffic engineers to revise the traffic analysis as directed. In addition, the original scope of work included an ICU analysis approach, and the City's request for RBF to prepare an ILV analysis requires rework beyond the original scope of work approved by the City. Revisions to EIR and Traffic Analysis per Comments Received from the City of Encinitas During the Public Review Process Task 4 Additional Intersection Analysis - City of Encinitas Comments RBF traffic engineers will revise the traffic analysis to address comments received from the City of Encinitas during the public review period. City of Encinitas has requested that the intersection of La Costa Avenue/Sheridan Road be included in the revised traffic report. Analysis of this additional intersection will require collecting new traffic count data, assessment of existing field conditions and peak hour level of service analysis for all study scenarios. Rationale For Request: Task 4 is required because additional time is required beyond the original scope of work for RBF to respond to comments from the City of Encinitas. C:\DOCUME-1\cwest\LOCALS-1\Temp\XPgrpwise\1951awr2doc.doc RBF Consulting October 12, 2007 Additional Work Request No. 2 City of Carlsbad PageS RBF Consulting provided additional technical support in attending meetings with City staff as well as meetings with City of Encinitas staff to determine the appropriate response to City of Encinitas concerns regarding traffic impacts at the intersection of North Highway 101 and La Costa Avenue. RBF consulting also researched and obtained engineering drawings for the intersection as well as assisted in the preparation of preliminary cost estimates for improvements to the intersection. Task 5 Additional Cumulative Projects - City of Encinitas Comments In addition, the City of Encinitas has requested that recently approved projects be included in the cumulative (short-term) conditions analysis. This effort will require researching the traffic studies for all identified projects through City of Encinitas, distribution as necessary of project traffic through study intersections and re-evaluation of the cumulative without and with project conditions for both intersections and roadway segments. Rationale for Request: Task 5 is required because additional time was spent revising the traffic analysis and EIR to provide additional traffic analysis of cumulative projects located within the City of Encinitas. The cumulative analysis includes the projects within the 2010 analysis provided in the Draft EIR. However, the City of Encinitas requests that a list of projects be included within the analysis to provide a focused analysis on the North Highway 101 and La Costa Avenue intersection. The analysis requested by the City of Encinitas includes specific conditions for which to analyze the intersection (e.g., traffic signal must be evaluated as split phase operations). Analysis of Increased Recreational Amenities/Green Space Alternative Task 6 EIR Analysis of the Increased Recreational Amenities/Green Space Alternative This task includes the preparation of an additional project alternative to evaluate the potential to provide additional useable open space and recreational amenities in response to public comments received. This alternative will consider the creation of a linear park along the southern portion of the Resort Hotel area to allow for additional opportunities for active and passive recreation. The alternative will be evaluated in the EIR for potential significant impacts on the environment. If applicable, mitigation measures will be proposed to reduce significant impacts. The analysis will include addition of a table to summarize whether impacts related to the Increased Recreational Alternative will be lesser or greater than those resulting from the proposed project. In addition, language will be added to the Executive Summary in the EIR to describe the Alternative. Rationale For Request: Task 6 is proposed as the result of a request made by City staff. Task 5 is necessary to evaluate an additional alternative to the proposed project as the result of comments received during the public review period. Evaluation of an additional project alternative was not included in the original scope of work. This task includes time for word processing and formatting efforts. C:\DOCUME~1\cwest\LOCALS-1\Temp\XPgrpwise\1951awr2doc.doc RBF Consulting October 12, 2007 Additional Work Request No. 2 City of Carlsbad Page 4 Task 7 Graphic Illustration of the Increased Recreational Amenities/Green Space Alternative RBF will prepare an exhibit to graphically illustrate the Increased Recreational Amenities/Green Space Alternative as directed by the City of Carlsbad. This alternative will represent development of the Ponto Area as proposed with the project, with the addition of a linear park along the southern edge of the Resort Hotel area. This task includes coordination with the City for review and comment on the alternative. The exhibit shall be prepared to the satisfaction of the City and will be included in the EIR. Rationale for Request: Task 6 is proposed as the result of a request made by City staff and in response to comments received during the public review period. Preparation and illustration of an additional project alternative was not included in the original scope of work. Task 8 Additional meeting time This scope of work is an augmentation of Task 11 under the original contract dated March 2006. This task includes time for attendance at meetings as deemed appropriate by the client. This task includes coordination with outside agencies for assistance in preparing technical reports and toward the timely completion of the EIR. This scope of work has assumed a total of 54 hours, billed on a time and materials basis for project coordination, meetings, and hearings. Rationale for Request: At the time the original contract was prepared it was not possible to predict how many meetings would be required to complete the EIR. Additional meeting time was required with City staff to complete the Draft EIR (e.g., traffic analysis) and additional time is required to complete the response to comments as well as prepare for and attend public hearings and to have any post-hearing coordination and wrap-up. Task 9 Additional Reproduction The additional'analysis completed in Task 3 resulted in the addition of an additional large technical appendix. The new appendix was large enough that a new volume of appendices was required. This required additional reproduction of the technical appendices. Rationale For Request: It was not known at the time the original contract was prepared that the EIR and technical appendices would total 7 large volumes. The total reproduction cost far exceeded the original $10,000. Some of the additional cost was absorbed by the existing budget, but an additional budget is required to cover the costs of the reproduction. The final submittal of 25 copies resulted in 175 volumes to be copied and scanned. At an average cost of $50 per volume, the cost for just the Final EIR was $8,750. C:\DOCUME~1\cwest\LOCALS~1\Temp\XPgrpwise\1951awr2doc.doc RBF Consulting October 12, 2007 Additional Work Request No. 2 City of Carlsbad Page 5 COMPENSATION Task 1 EIR Analysis for Carlsbad Boulevard Re-alignment - Alternative #4... $1,100 Task 2 Graphic Illustration of Carlsbad Boulevard Re-alignment -Alternative^ $1,080 Task 3 Revisions to Traffic Impact Analysis per Comments Received from CALTRANS $5,405 Task 4 Additional Intersection Analysis - City of Encinitas Comments.. $2,875 Task 5 Additional Cumulative Projects - City of Encinitas Comments.. $4,850 Task 6 EIR Analysis of the Increased Recreational Amenities/Green Space Alternative $850 Task 7 Graphic Illustration of the Increased Recreational Amenities/Green Space Alternative $200 Task 8 Additional Meeting Time $7,290 Task 9 Additional Reproduction $10,000 TOTAL $33,650 Prepared By: Alex H. Jewell, AICP Environmental Project Manager Authorized By: Christer Westman, AICP Project Manager, City of Carlsbad C:\DOCUME-1\cwest\LOCALS-1\Temp\XPgrpwise\1951awr2doc.doc AMENDMENT ONE (1) TO AGREEMENT WITH RBF CONSULTING FOR PREPARATION OF A PROGRAM ENVIRONMENTAL IMPACT REPORT ON PONTO BEACHFRONT VILLAGE VISION PLAN (EIR 05-05 THIS AGREEMENT, made and entered into as of the.day of ;wi {jV>2006. by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and RBF Consulting, hereinafter referred to as "Consultant", shall serve to amend the previous contract dated April 1 1 , 2006, attached hereto. All provisions of the original contract shall remain in effect, except the Work Program referenced in Section 1(a) shall be amended to include the additional work outlined in the Consultant's revised proposal, dated August 17, 2006, attached hereto, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by Twenty Thousand Nine Hundred Eighty-five ($20,985) Dollars for the additional work, making the maximum fees payable a total of Two Hundred Fifty-one Thousand Five Hundred Forty ($251,540) Dollars. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: RBF Consulting CITY OF CARLSBAD, a munici- pal corporation of the State of California B (sign here) (print name/title By: By. City'Manager or Mayor ATTEST: LOR (A J*f fs^C, (print nameftitle) ]/.' .<?'"iliin^ APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Assistant City Attorney City Attorney Approved Version 03/17/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S"'X ss. On Date personally appeared . 70 P before me, .//• £//<?<, A/o r*Ay Kbit c. f_^ Name and Title g^ Officer (e.g.. "Jane Ooe.ltotary Public') 7 . A .J\ub>n And \Jk-f-f <? - 2x3 r£l '* /a. VWftWVVWWVVVVVWWVVWUWWWVWUVA DIANE M. ELIAS - rarcira* C.OMM. #1501373§ ¥0&%l!ift NOTARY PUBLIC • CALIFORNIA « SAN DIEGO COUNTY Commission Expires July 17, 2008: Name(s) of Signer(s) £}<fJersonally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that hefebe/they executed the same in hi«/ber/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: AMMbMedT I 70 Document Date:Number of Pages: Signer(s) Other Than Named Above:: L^/ra f r Capacity(ies) Claimed by Signer Signer's Name:.RIGHT THUMBPRINT OF SIGNER D Individual D Corporate Officer — Title(s): D Partner — D Limited n General D Attorney-in-Fact D Trustee D Guardian or Conservator © 1999 National Notary Association »9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 •www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 JN 25-101951.001 Request No. 1 Date: Revised August 17, 2006 ADDITIONAL WORK REQUEST SUMMARY Client: City of Carlsbad, California - Planning Department Work Requested By: City of Carlsbad, California Focused Biological Surveys / Digitize Vegetation Mapping and Additional Traffic/Intersection Turning Summary of Additional Work: Movement Count Data Estimated Fee for Additional Work: $20,985 SCOPE OF SERVICES Additional Traffic Count Data and Peak Hour Intersection Turning Movement Counts These work efforts are proposed in response to comments received at the June 22, 2006 public scooping meeting for the Ponto Beachfront Village Plan EIR with regards to traffic potentially generated by the proposed Plan. Based on public input, additional traffic counts are required to evaluate average daily traffic trips resulting from the project, both during the week and on the weekends, and analysis of peak turning movements will follow. A parking analysis is not included as part of this scope of work. The specific items in the following scope of work will be completed on a time and materials basis, based on RBF Consulting's 2006 hourly rate schedule, not to exceed $15,235 without authorization of the client. Task 1 Traffic Count Data RBF Consulting will subcontract with Traffic Data Services Southwest (TDSSW) to collect the following additional traffic count data: • ADT Weekend Counts - 12 locations (Saturday & Sunday) • ADT Weekday Counts - 12 locations (Tuesday & Wednesday) The weekend ADT traffic volumes will be used by RBF to determine the peak five hours on a typical summer weekend, which will be coordinated with City of Carlsbad Traffic Engineering staff. The additional weekday counts are to provide counts over a two-day period, rather than a 24-hour period as required by City staff. Once the peak five hours are identified, TDSSW will collect the data described below. RBF Consulting Revised August 17, 2006 Additional Work Request No. 1 City of Carlsbad Page 2 Task 2 Peak Hour Intersection Turning Movement Counts RBF will graphically illustrate the turning movement volumes and conduct a peak hour ICU analysis (for the highest one hour volume determined from the intersection turning movement count data collected) for all 18 study intersections (five hours on one day). Task 3 Task Coordination, Graphic Coordination and Traffic Analysis RBF will provide task coordination with TDSSW as well as internally with RBF team members to ensure that traffic data counts are efficiently collected and recorded as needed. RBF will analyze the data collected during Tasks 1 and 2 and provide a preliminary assessment of potential impacts that may result from project implementation. This task also includes coordination of graphics to effectively illustrate traffic volumes and flow determined in Task 1 and 2. Additional Biological Surveys The following work efforts are proposed based on HELIX Environmental Planning, Inc.'s (HELIX) review of the Existing Conditions Report for the Ponto Land Use Strategy and Vision Project prepared by RECON (2003; RECON Report). These efforts are intended to provide additional biological consulting services for the Ponto Beachfront Village project site. Based on recommendations made by RECON in the report, and confirmed to by HELIX, the following tasks are intended to update and record current conditions on the subject site. Task 4 Coastal California Gnatcatcher Surveys HELIX will conduct three U.S. Fish and Wildlife Service (USFWS) protocol-level surveys for the federally listed threatened coastal California gnatcatcher. Protocol prefers that surveys be conducted between February 15 and August 31 at least seven days apart; however, surveys are accepted by the USFWS year-round. HELIX is required under its 10(a)(1)(A) recovery permit (TE778195) to notify the USFWS 10 days in advance of starting the first survey and to submit a written request report to the USFWS within 45 days of completing the final survey. Task 5 Rare Plant Survey HELIX will conduct a rare plant survey in July 2006 within the approximately 50-acre impact area to map the locations of California boxthorn and Nattall's scrub oak and to survey for plant species with the potential to occur according to Attachment 3 of the Existing Conditions Report for the Ponto Land Use Strategy and Vision Project prepared by RECON (2003; RECON Report). Task 6 Digitize Vegetation Mapping HELIX will digitize the vegetation mapping resulting from the completion of Task 2. Task 2 consisted of a field verification check of the biological resources as discussed in the RECON Report. Following a recent field survey, it is apparent that vegetation within the study area has changed as compared to the vegetation mapping conducted in 2003. C:\DOCUME~1\cwest\LOCALS~1\Temp\1951awr1 revised 8-17-06.doc RBF Consulting Revised August 17, 2006 Additional Work Request No. 1 City of Carlsbad PageS ADDITIONAL SERVICES Services that are not specifically identified herein as services to be performed by RBF or HELIX are considered Additional Services® for purposes of this Agreement. The Client may request that RBF or HELIX perform services that are Additional Services; however, RBF or HELIX are not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Services. In the event RBF or HELIX perform Additional Services before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at RBF's and HELIX'S standard rates, within 30 days of receipt of the invoice. COMPENSATION Task 1 Traffic Count Data $2,595 Task 2 Peak Hour Intersection Turning Movement Counts $6,700 Task 3 Task Coordination, Graphic Coordination and Traffic Analysis $5,940 Task 4 Coastal California Gnatcatcher Surveys $3,450 Task 5 Rare Plant Survey $1,150 Task 6 Digitize Vegetation Mapping $1,150 TOTAL $20,985 Prepared By: Alex H. Jewell Environmental (Abject Manager Authorized By: ChristerWestman City of Carlsbad C:\DOCUME~1\cwest\LOCALS~1\Temp\1951awr1 revised 8-17-06.doc EXHIBIT 1 AGREEMENT WITH RBF CONSULTING, INC. FOR THE PREPARATION OF A PROGRAM ENVIRONMENTAL IMPACT REPORT FOR PONTO BEACHFRONT VILLAGE VISION PLAN - EIR 05-05 THIS AGREEMENT, made this 11 day of April 20 Qb. between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY", and RBF Consulting/InlS, a California Corporation hereinafter lL>^2referred to as "CONTRACTOR". ^H- RECITALS WHEREAS, the CITY has entered into an agreement with RBF Consulting, Inc., a California Corporation hereinafter called contractor, wherein the CITY agrees to prepare a Program Environmental Impact Report (PEIR) for the proposed project identified as Ponto Beachfront Village Vision Plan PEIR (EIR 05-05) which is located in the southwest quadrant of Carlsbad, in Local Facilities Management Zones 9 and 22 and more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the CONTRACTOR has the qualifications to prepare the required Program Environmental Impact Report; and WHEREAS, it is understood that the CONTRACTOR shall be an independent contractor of the CITY; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. CONTRACTOR OBLIGATIONS CONTRACTOR shall prepare a Program Environmental Impact Report on the subject project in accord with the California Environmental Quality Act as implemented 1 Rev. 08-08-97 by the State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its implementing resolutions. In carrying out this obligation the CONTRACTOR'S duties shall include the following: (a) The CONTRACTOR shall, consistent with the Work Program contained in Attachment 2, (1) make all necessary and required field explorations, reviews and tests; (2) make all necessary and required laboratory tests and analyses; (3) appear and be prepared to answer questions and prepare testimony on the final Program Environmental Impact Report at all public hearings before the Planning Commission and the City Council prior to the certification of the report; (4) make all reports necessary to comply with the requirements of this section. Before preparing the draft report, the CONTRACTOR shall submit five copies of a preliminary report (screen check PEIR) to the Planning Director for staff review. The CONTRACTOR shall revise the preliminary report as requested by staff in order to make it suitable for draft PEIR review. (b) CONTRACTOR shall prepare a draft report in compliance with the Work Program contained in Attachment 2 on file at the Planning Department attached hereto and made a part hereof and with applicable state law and CITY ordinances. The CONTRACTOR shall submit to CITY fifty copies plus a reproducible master of the draft Program Environmental Impact Report to the CITY consistent with the time periods outlined in the work program contained in Attachment 2. (c) CONTRACTOR shall attempt to determine as soon as possible in the study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, CONTRACTOR shall so inform the Planning Director who in turn will discuss with the applicant the feasibility of 2 Rev. 08-08-97 continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. (d) CONTRACTOR shall prepare and file with the CITY written responses to all comments received subsequent to public notice that the draft Program Environmental Impact Report has been filed. CONTRACTOR shall also prepare any responses necessary to matters raised at the public hearings. The written responses shall be prepared in a form that will permit the responses to be incorporated into the final Program Environmental Impact Report. 2. CITY OBLIGATIONS (a) The CITY will make payment to the CONTRACTOR as provided for in this agreement. (b) The CITY will make available to the CONTRACTOR any documents, studies, or other information in its possession related to the proposed project. (c) The CITY will review the Preliminary Report presented by the CONTRACTOR and make written comments to the CONTRACTOR consistent with the time periods outlined in the work program contained in Attachment 2. (d) The CITY shall provide the CONTRACTOR with copies of all written comments received on the draft Program Environmental Impact Report subsequent to public notice that the draft Program Environmental Impact Report has been filed and is available for public review. 3. TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather conditions may delay the completion of field work. The CONTRACTOR will be allowed as many additional days as are necessary to 3 Rev. 08-08-97 compensate for days lost due to inclement weather. The CONTRACTOR shall submit to the CITY five copies of the Preliminary Program Environmental Impact Report and fifty-one copies of the draft Program Environmental Impact Report consistent with the time periods outlined in the work program contained in Attachment 2. 4. PAYMENT The CONTRACTOR will be paid a maximum of Two hundred thirty thousand five hundred fifty-five dollars ($230,555) for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on the cost of the report based on the costs as set forth in Attachment 3 on file at the Planning Department. The CONTRACTOR shall be paid within 30 days, in response to invoice, up to 50 percent of the compensable services for the completion of the screen check draft Program Environmental Impact Report in accordance with Paragraph 1 above. The CONTRACTOR will be paid up to an additional 40 percent upon acceptance by the CITY of the response to comments from the CONTRACTOR, the final 10 percent will be paid, not to exceed the maximum amount provided in its agreement, within 30 days after receipt of invoice, to be submitted after the certification of the Program Environmental Impact Report by the City Council. 5. LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is the sum of Two hundred thirty thousand five hundred fifty-five dollars ($230,555) which amount is estimated to be sufficient to compensate the CONTRACTOR for all services performed hereunder during the terms of this agreement. In the event at any time it appears to the CONTRACTOR that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said 4 Rev. 08-08-97 sum of Two hundred thirty thousand five hundred fifty-five dollars ($230,555) without appropriate amendment to this agreement. 6. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONTRACTOR or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONTRACTOR or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONTRACTOR to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carlsbad Municipal Code Section 3.28.080. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONTRACTOR or the CITY shall be ordered by the Planning Director who will inform a principal of the CONTRACTOR'S firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work, provided such changes are processed according to the procedures in this paragraph. 7. COVENANTS AGAINST CONTINGENT FEES The CONTRACTOR warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to 5 Rev. 08-08-97 pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. NONDISCRIMINATION CLAUSE The CONTRACTOR shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINATION OF CONTRACT The CITY may terminate this agreement at any time by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen days prior to the effective date of the termination. In the event of termination, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the services completed to the date of notice of determination. 10. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the 6 Rev. 08-08-97 CONTRACTOR or the CITY Planning Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The CITY Planning Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. CLAIMS AND LAWSUITS The CONTRACTOR agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The CONTRACTOR acknowledges that if a false claim is submitted to the City, it may be considered fraud and the CONTRACTOR may be subject to criminal prosecution. The CONTRACTOR acknowledges that California Government Code Sections 12650 et seq.. the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. The CONTRACTOR acknowledges that the filing of a false claim may subject the CONTRACTOR to an administrative debarment proceeding wherein the CONTRACTOR may be prevented to Rev. 08-08-97 it act as a contractor on any public work or improvement for a period of up to five (5) years. The CONTRACTOR acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the CONTRACTOR from the selection process. The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, 3.32.027 and 3.32.08 pertaining to false claims are incorporated herein by reference. 12. STATUS OF THE CONTRACTOR The CONTRACTOR shall perform the services provided for herein in CONTRACTOR'S own way as an independent contractor and in pursuit of CONTRACTOR'S independent calling, and not as an employee of the CITY. CONTRACTOR shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in the request for proposal. The persons used by the CONTRACTOR to provide services under this agreement shall not be considered employees of the CITY for any purposes whatsoever. The CONTRACTOR is an independent contractor of the CITY. The payment made to the CONTRACTOR pursuant to the contract shall be the full and complete compensation to which the CONTRACTOR is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONTRACTOR or his/her employees or subcontractors. The CITY shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the CONTRACTOR or his/her employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR agrees to indemnify the CITY for any tax, retirement contribution, social security, 8 Rev. 08-08-97 overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for work done under this agreement. The CONTRACTOR shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and CONTRACTORS that are included in this agreement. 13. OWNERSHIP OF DOCUMENTS All documents and materials prepared pursuant to this agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. 14. REPRODUCTION RIGHTS The CONTRACTOR agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to such copyrights in favor of CITY. 15. RELEASE OF INFORMATION BY CONTRACTOR Any reports, information or other data, prepared or assembled by the CONTRACTOR under this agreement shall not be made available to any individual or organization by the CONTRACTOR without prior written approval of the CITY. 16. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work 9 Rev. 08-08-97 /a described herein caused in whole or in part by any willful misconduct or negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. CONTRACTOR shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. CONTRACTOR'S indemnification of City shall not be limited by any prior or subsequent declaration by the CONTRACTOR. 17. ASSIGNMENT OF CONTRACT CONTRACTOR shall not assign this contract or any part hereof or any monies due or to become due thereunder without prior written consent of the CITY. 18. SUBCONTRACTING If the CONTRACTOR shall subcontract any of the work to be performed under this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any employee or contractual relationship between any subcontractor of CONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor and every subcontractor of the subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. 19. PROHIBITED INTEREST 10 Rev. 08-08-97 13 No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, or material supply contract or subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part hereof. 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee or the CITY, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONTRACTOR to any additional payment whatsoever under the terms of this contract. 21. SUCCESSOR OR ASSIGNS Subject to the provision of Paragraph 10, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 11 Rev. 08-08-97 23. CONFLICT OF INTEREST The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The CONTRACTOR shall report investments or interests in all four categories. 24. INSURANCE The CONTRACTOR shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted «f»«l- authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for insurance as stated in Resolution No. 91-403. A. Coverages and Limits. CONTRACTOR shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for CONTRACTOR'S work for the City). $1,000,000 combined single-limit per accident for 12 Rev. 08-08-97 bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. B. Additional Provisions. CONTRACTOR shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers' Compensation. 2. The CONTRACTOR shall furnish certificates of insurance to the City before commencement of work. 3. The CONTRACTOR shall obtain occurrence coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the CONTRACTOR fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the CONTRACTOR in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The CONTRACTOR is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR under this agreement. 13 Rev. 08-08-97 25. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the CONTRACTOR in connection with the foregoing are as follows: For City: Title: Principal Planner Name: Gary T. Barberio Address: 1635 Faraday Avenue Carlsbad CA 92008 For Contractor:Title: Name: Project Manager RBF Consulting. Inc. Attn: Alex Jewell Address: 9755 Clairmont Mesa Boulevard. Suite 100 San Diego CA 92124-1324 N/A N/A Architect/License Number: Architect/License Number: 26. BUSINESS LICENSE CONTRACTOR shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 14 Rev. 08-08-97 17 Executed by CONTRACTOR this /5t>day of . 20 Ob CONTRACTOR: RBF Consulting^Jrox — CITY OF CARLSBAD, a municipal oration of the^State of Galifjar/nja (Name of Contractor) By: (sign here) Richard A. Rubin, Senior Vice President (print name/title) City Manager or Mayor ATTEST: ^ OV''fcoR^-\-X, '* K*>< (sign her^) Douglas J. Frost, Exec. VP/CFO (print name/title) (Proper notarial acknowledgment of execution by CONTRACTOR must be attached). (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RONALD R. BALL, City Attorney Byj AssisfsTnt City Attorney 15 Rev. 08-08-97 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On re.bruarcy I. 6uUy> before me, _ Notary Public, personally appeared ^icUaY^ A. \2n\om , [^^personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person^s)- whose namefs) is/afe subscribed to the within instrument and acknowledged to me that hefcho/thoy executed the same in his/her/their authorized capacity(iee>, and that by his/hcr/thcir signature(s) on the instrument the person(s); or the entity upon behalf of which the person(s)-acted, executed the instrument. 1WITNESS my hand and official seal. f SAN DIEGO COUNTY eCommfesfon Expires Jut/17.20081<VVWtftf>MAM^5vWtfVVVlArtftWVWWv{ (Signature of Notary) 19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countvof Oran9e V ss. t On February 2 200R • before me, lav/no P .QHir>mmor Nntarw Puhlir_ _ . _ ^.^ , _ _ personally appeared r" • *$*& U • . y?r? Place Notary Seal / -Name aTfd'TitlS oTdfficer1 fe.g'.TlarVDoe; Nolar? Publ^ Douglas J. Frost Name{s) of Signer(s) ^personally known to me D proved to me on the basis of satisfactory evidence fejfl^^ll*Hf to be the person^ whose nameij?) is/ctf^" ^"T^ooi I subscribed to the within instrument and le-COBMnto I acknowledged to me that he/she/t>£y executed w County J the same in his/ft^F/tbefr authorized pjjjtJanWJJWw capacity(ibs)., and that by his*€r&h£Tr "^"^^^^^ signature^ on the instrument the persor]3(<), or the entity upon behalf of which the personjjsj acted, executed the instrument. WITNESS my hand and/official seal. /^\ J^/4 \bove ^sy^ ' — fy Signature or Notary Public^/ •(/ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ....Title or Type of Document: ^ oTCartsbad Agreement. Document Date: Signer(s) Other Than Namec Capacity(ies) Claimed b Signers Name: u Individual ^xf Corporate Officer — Title D Partner — D Limited D ( D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Fxfinuted by Contractor on S/rMftfi of Paaes: i Above: Douglas J Frost nM'b*j'iii»Mjinn ... Executive VP & CFO Top of thumb here ^S). Seneral RBF Consulting © 1997 National Notary Association • 9350 DeSotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 (Ponto (Beachfront Vittage Vision <PCan (program ATTACHMENT 2 I. WORK PROGRAM The following Work Program has been prepared pursuant to the information provided by the City in their Request For Proposal letter dated October 17, 2005, our understanding of the project, and applicable federal, state, and local regulations. TASK 1.0 PROJECT KICK-OFF AND NOTICE OF PREPARATION OF AN EIR SUBTASK 1.1 RESEARCH AND INVESTIGATION RBF will obtain project data and information from the City, local, state, and federal agencies, and all other agencies that may be affected by the project. RBF will review this information, along with environmental data and information from the City and other nearby jurisdictions, as the foundation of the EIR. Information will be incorporated into the EIR and other analysis, as deemed appropriate. SUBTASK 1.2 NOTICE OF PREPARATION RBF will assist City staff in preparing the necessary documents for the Notice of Preparation, including analysis and exhibits requested by the City. RBF will use the previously prepared initial study and environmental checklist in preparation of the document. TASK 2.0 PREPARATION OF SCREENCHECK EIR SUBTASK 2.1 INTRODUCTION AND EXECUTIVE SUMMARY The proposed project is subject to CEQA provisions and City CEQA implementation procedures that will be cited in the Introduction. The introduction will also identify the purpose of the study and statutory authority, document scoping procedures, and provide a summary of the EIR format, a listing of responsible and trustee agencies, and a listing of documentation incorporated by reference. SUBTASK 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, areas of controversy, and issues to be resolved. The Executive Summary will also provide a table identifying the significant impacts and proposed mitigation measures. This section will be assembled so it may be used as a stand-alone document. SUBTASK 2.3 PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING 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 that are required for the Pagel CDNBULTINQ (Panto (Beachfront Vittage Vision <P(an (program project based on available information. This section will include a summary of the local environmental setting for the project. SUBTASK 2.4 ENVIRONMENTAL SETTING The Environmental Setting section will include a summary of the regional and local environmental setting for the project. This section will establish baseline environmental conditions for resources affected but the project. This section will include a discussion on resources that are unique to the area on a regional and local level. As required, this section will also provide a discussion of the project's consistency with regional and local plans that affect the project. SUBTASK 2.5 CONSIDERATION AND DISCUSSION OF ENVIRONMENTAL IMPACTS 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 (Notice of Preparation responses 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. RBF in-house Environmental Analysts, CEQA experts and Planners will perform these analyses. The Environmental Analysis section of the EIR will discuss the existing conditions for each environmental issue area, and identify short-term and long-term environmental impacts associated with the project and their levels of significance. Mitigation measures will be recommended to reduce the significance of impacts and identify areas of unavoidable significant adverse impacts even after mitigation. This section will include analysis for the following environmental issue areas: A. Aesthetics and Visual Character This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. Visual Simulations. RBF has extensive experience in preparing highly accurate and defendable computer-based visual simulations. Visual simulations provide an accurate depiction of proposed structures from varying viewpoints. The advantage of visual simulations is that they provide the City staff with an opportunity to preview the proposed development and identify potential opportunities and constraints with the chosen improvements. Additionally, they provide the public and decision makers with a graphic illustration of the proposed changes on which to make more meaningful comments. Based on experience with prior coastal projects requiring approval by the Coastal Commission, RBF recommends the preparation of visual simulations. Page2 (Ponto (Beachfront Vitta$e Vision <P(an (Program Approach. Computer modeling of the proposed project will be accomplished utilizing state-of-the-art software. Each piece of software is selected based on it appropriateness and accuracy for each part of the modeling effort. This includes: a Terramodel for all terrain and hardscape Q FormZ and ArchiCad for all architectural elements. Site Modeling Topography and Grading. The proposed grading and terrain development for the proposed improvements will be computer modeled at a level of detail sufficient to depict the project realistically from all chosen viewpoints. The model will include proposed buildings, landscaping, open space areas, sidewalks, enhanced paving, and landscaping. Structure Modeling. For the proposed buildings, e.g., hotel and residential buildings, site modeling will be based on designs provided by the City. If no designs are available, general building designs that generally match the proposed development will be used. All structures will be modeled at level of detail sufficient to depict the project from the various viewpoints. The model will include doors, windows and architectural detail necessary to provide an accurate representation. Photography Professional photographs will be taken with a Fuji GX 617 Panoramic camera providing a 2.25 x 6 inch film transparency. Back-up shots will be taken using a Nikon D1X digital camera. All panoramas that require a wider field of view than 80 degrees will be shot with the Nikon D1X and seamed together using specialized software. The exact location and elevation of these photographs will be determined using GPS technology to ensure a precise perspective of each viewpoint. All photographs will be taken as specified by the client. Setup and Rendering The computer model will be aligned to each of the photographs utilizing state of the art rendering and Electric Image Universe animation software. Proper shading and texturing will be applied to the geometry and the various views corresponding to the photographs will be rendered photo-realistically. Photo Composition The rendered images will be superimposed onto the original photographs using Photoshop compositing software. Enhancements will include landscaping and foreground masking. All photo simulations will be presented in color format. Each page will show existing conditions, and a simulation of the proposed project with a thin outline showing the massing of the existing buildings (where relevant) for reference. PageS CONSULT* NO ^""wpVrr^l (Ponto (Beachfront Village Vision <PCan (Program This task includes five view locations. Additional views may be identified based on further scope refinement with the City and/or discussions with Coastal Commission staff. The costs for the above scope is described below based on the following level of detail: The buildings will include doors, windows and moderate architectural detail. The terrain will be modeled with curbs and gutters, sidewalks and accurate grading. Moderate amounts of landscaping are included to illustrate its impact or mitigation on the view. B. Agricultural Resources This section of the EIR will be prepared in accordance with the scope of work included in the Request for Proposal. C. Air Quality This section of the EIR will be prepared in accordance with the scope of work included in the Request for Proposal. RBF will prepare a technical air quality analysis that will be integrated into the EIR. The air quality analysis will contain the following elements: Existing Conditions. The proposed project site is within the San Diego Air Basin (SDAB), under the jurisdiction of the San Diego Air Pollution Control District (SDAPCD). Baseline and project setting meteorological and air quality data will be developed through climatological and air quality profile data gathered by the SDAPCD and the California Air Resources Board (CARS). Other sources such as regulatory documents, professional publications, and RBF experience in the project area will supplement background information. A summary of current air quality management efforts that may be related to the proposed project will be provided. A brief overview of the nature and location of existing sensitive receptors will be provided to set the context for how such uses may be affected. Construction-related Air Quality. RBF will calculate the construction emissions commensurate with available project-specific information. Emission factors will be based on the URBEMIS2002 and EMFAC2002 air quality models. Standard measures for construction activities recommended by the SDAPCD will be identified and incorporated as part of the project's standard conditions. Operational Air Quality. Emissions from long-term mobile and stationary sources associated with this project will be calculated with the URBEMIS 2002 air quality model. Due to the amendment to the City's Land Use Element and Local Coastal Plan, RBF will provide a local conformity analysis with the SDAPCD's Regional Air Quality Strategy (RAQS). Page4 CONSULTING (Ponto ^Beachfront Vittage Vision (Plan (Program This scope of work assumes City of Carlsbad staff will provide a list of pending/approved projects within a one-mile radius for a cumulative impacts analysis. Carbon Monoxide Hot-Spots. Should the project traffic warrant Carbon Monoxide Hotspot modeling, RBF will model up to five intersections utilizing the CALINE4 model. The information prepared will be consistent with the Transportation Project- Level Carbon Monoxide Protocol, revised December 1997, prepared by the Institute of Transportation Studies, University of California, Davis. Mitigation Measures. RBF will work with the City and, if necessary, the SDAPCD to identify feasible mitigation measures. Mitigation measures will be developed as indicated in the impact analysis. Excluded Tasks • Air quality permits • Health Risk Assessment (HRA) • Engineering design of mitigation measures (i.e. baffles, soundwalls, etc.) • Preparation of any design memos or documents D. Biological Resources This section of the EIR will be prepared in accordance with the scope of work included in the Request for Proposal. RBF has teamed with Helix Environmental Planning, Inc. (Helix) to evaluate potential impacts to biological resources. The Scope of Services performed by Helix will include the following tasks: Literature Review. Helix will review all available information on this project. This shall include the Existing Biological Conditions Report and Wetlands Delineation Report. Helix will identify any additional information needed to support our findings. Helix shall evaluate the methods and conclusions contained in the reports for legal and scientific adequacy and accuracy to ensure that the analyses are of a scale and level of effort appropriate to the requirements of the project. Helix will identify any flaws in the methodologies and/or conclusions. Field Verification Check. Helix will visit the project site to verify that the vegetation mapping previously performed for the project remains accurate. Biological Resources Section of EIR. Helix will prepare the biological evaluation for the EIR. This section will included the findings from the RECON Existing Biological Conditions Report and Wetlands Delineation Report. In addition, an impacts analysis will be conducted for all direct and indirect significant and less than significant project effects. The direct impacts analysis will include effects to sensitive vegetation communities, sensitive plant and animal species, and jurisdictional areas resulting from implementation of the proposed project (including grading, brush management, trails, or other project-related impact). The indirect impacts analysis Pages CONSULTING (ponto ^Beachfront Vitta$e Vision <Ptan (Program will include effects to sensitive vegetation communities and sensitive plant and animal species resulting from light and glare, decreased water quality (i.e., through sedimentation, contaminants, or fuel release), fugitive dust, colonization of non- native plant species, edge effects, animal breeding behavioral changes, roadkill, and construction noise. In addition, Helix will conduct a review of the consistency of the proposed project with the City Habitat Management Plan to be included in the biological resources section for the EIR. Helix will recommend appropriate mitigation to be included in the biological resources section for the EIR. Helix will identify any impacts remaining after implementation of the recommended mitigation measures. Management/Meetings. Helix has assumed 60 hours for management/meetings with the project team and City. If Client requests additional services that cause Helix to exceed the time allocated for this task, Helix will need to amend this task and its associated costs. E. Cultural / Historical Resources This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. To complete the analysis of the cultural/historical resources in the project area, RBF has teamed with the professional historians at Brian F. Smith and Associates (BFSA). BFSA will conduct a cultural resource inventory on the specified project area. The scope of work will include a records search of the project and surrounding area to list all sites within the project area that have been previously recorded. An historical survey will be conducted to identify all historic or potentially historic elements of the City's project. If historic properties are identified in the project area, an historical assessment will be completed to evaluate historic structures. A technical report will also be prepared in accordance with CEQA regulations to present the findings of the records searches and structure evaluations. BFSA shall furnish all necessary personnel, facilities, equipment, materials, and transportation to perform the work described herein. The scope of work for these services is provided below: Institutional Records Searches Prior to the initiation of the project, an updated archaeological site files record search will be conducted at the appropriate archaeological records information center. A list of additional studies conducted and all new registered archaeological sites located within one mile of the subject property will be documented from the record search inquiry. Copies of all reports pertaining to the immediate project area will be gathered. PageG CONSULTING (Ponto (Beachfront Vitta$e Vision <P(an (Program Native American Consultation Brian F. Smith and Associates is aware of the importance that Native American consultation can play in any project where cultural resources could be identified as related to a specific group. BFSA is committed to the successful identification of Native American cultural values, issues, and concerns through consultation with tribal governments and practitioners of traditional culture and religion. Furthermore, the consideration of Native American concerns early in any project can minimize the potential for later project complications. It is the goal of the consultation process to identify both the resource management concerns and the strategies for addressing them, through an interactive dialogue with appropriate Native American communities. Native American concerns may require the consideration of different approaches to and treatment of cultural resources than the usual excavation and analysis, particularly in those situations when mitigation is not a realistic option. Such a situation may arise when a proposed action would infringe on constitutional rights or treaty rights. For BFSA, the general outline of consultation procedures focuses on Native American interests and concerns, but the approach is not significantly different from the approaches employed to identify and address the points of view and convictions of other interested parties. It is the nature of the planning and environmental review process to give adequate consideration to issues from outside the single agency performing the action, including those that do not lend themselves to physical inspection or objective and quantifiable analysis. BFSA has worked with many of the Native American groups, tribes, and reservations throughout southern California and has developed a mutual respect and an ability to address their concerns. Modified Phase I Process—Re-Survey A qualified archaeologist would need to visit the site to verify that there have been no adverse impacts to the property since the 2003 RECON study and to ascertain the current condition of the site. The field survey generally consists of the field check of known resources through intensive field reconnaissance of the entire subject property. In addition to the specific location of resources, a Phase I would also establish a sense of the horizontal extent of the identified resources as it compares to the previously recorded boundaries of the sites, a general impression regarding the potential for subsurface deposits, as well as an initial assessment of the integrity of the resource. Areas of high cultural probability and with dense vegetation are given extra care in order to accurately identify any resources. At the Phase I investigation level, prehistoric and historic site documentation consists of the completion of California Historic Resources Inventory forms following the guidelines of the Instructions for Recording Historic Resources (Office of Historic Preservation 1995). Report The final report will adhere to the guidelines set forth by the Office of Historic Preservation for the Archaeological Research Management Reports (ARMR). Page? CONSULTING (Ponto (Beachfront Vittage Vision <Ptan (Program F. Geology, Soils, and Seismicity This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. To complete the required geotechnical analysis, RBF has teamed up with Kleinfelder, Inc. The geotechnical analysis shall consist of review of existing reports and published information and a geologic site reconnaissance. No new borings are anticipated for this phase of the project. After review of existing information and site reconnaissance, a feasibility level geotechnical report will be prepared that will take into consideration the geotechnical elements of the site. Geologic hazards will be addressed including faulting, landslides and liquefaction. G. Hazards and Hazardous Materials This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. If necessary, RBF will prepare a Phase I Environmental Site Assessment to evaluate the presence of potentially hazardous materials and will integrate this analysis into the EIR. The Scope of Work shall include the following: Peer Review Delineation of Jurisdictional Waters RBF will conduct a peer review and prepare a summary technical memorandum based on the existing Delineation of Jurisdictional Waters (JD) (provided by the client) that has been prepared for the subject site. RBF's review of the JD focuses on the format, rather than findings for the subject site. This Task does not include an RBF site reconnaissance, permit applications, and resource agency consultation. Phase I Environmental Site Assessment RBF will prepare a Phase I Environmental Site Assessment (ESA) for the proposed project. The objectives of the Phase I ESA is to: (1) evaluate the potential for hazardous materials on the site, and (2) generally characterize the expected nature of hazardous materials that may be present. The assessment is not intended to provide specific qualitative or quantitative information as to the actual presence of hazardous materials at the site, but merely identify the potential presence based on available information and provide preliminary conclusions relative to site conditions. This scope specifically excludes laboratory testing, field sampling and chain of title documents (although these can be reviewed by RBF if provided by the Client). The documentation will be designed to document past activities, facilities, or waste disposal practices, which may have resulted in soil or groundwater contamination. Past site usage will be investigated through an aerial photograph review, interviews, review of former permits, review of documents on file, and a research of former PageS "^*<isXrrji <Ponto (Beachfront Vitiate Vision <P[an (Program citations from state and local agencies (if any). Current site conditions will be documented by an on-site inspection of the project area. H. Hydrology / Water Quality This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. RBF will prepare a preliminary drainage report and stormwater management plan to evaluate potential impacts to hydrology and water quality. The scope of work will include preparation of an analysis of the pre- and post-project conditions of on-site hydrology and drainage. RBF's Water Resources Division will prepare a drainage study for the project to analyze on-site hydrologic changes resulting from the project. The study will include a comparison of the existing conditions hydrologic characteristics to the proposed conditions characteristics. It is anticipated that the City will require the project to attenuate any increases in 100-year peak flows leaving the property, therefore this task includes time to prepare preliminary detention calculations, as well as time to for a meeting with City staff to discuss any issues that arise during the review process. This scope of work does not include a watershed analysis, analysis of off-site drainage facilities, preparation of calculations or designs for actual construction documents, or responses to plan check cycles beyond the second cycle. Additional plan check cycles or extra work can be addressed and completed upon City approval. /. Land Use Planning This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. /. Mineral Resources This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. K. Noise This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. RBF will prepare a technical noise analysis that will be integrated into the EIR. The noise analysis will contain the following elements: Existing Conditions. RBF will review applicable State and City noise and land use compatibility criteria for the project area. Noise standards regulating noise impacts in the Noise Element and Noise Ordinance of the City of Carlsbad will be discussed for land uses on and adjacent to the project sites. The areas with potential future noise impacts will be identified using land use information, aerial photographs, and field Page9 CONS ULTIMO (Ponto (Beachfront Vittage Vision <Pfan Program reconnaissance. Existing roadway traffic noise within the project area will be calculated using traffic data included in the traffic study. RBF will conduct a site visit along the project sites and at adjacent land uses. During the site visit, RBF will conduct short-term noise level measurements along the project area. Noise monitoring equipment will consist of a Larson Davis Laboratories Model LDL 820 sound level meter (SLM) equipped with Larson Davis Type 2561 random incidence microphone. The instrumentation will be calibrated prior to use with a Larson Davis CAL250 acoustical calibrator to ensure the accuracy of the measurements. The measurements and procedures shall be compatible with the applicable requirements of the American National Standards Institute (ANSI) for Type I (precision) sound level meters. The results of the noise measurements will be post-processed and graphically illustrated with the Larson Davis Laboratories Data Navigation Analysis (DNA) software. The noise monitoring survey will be conducted at up to eight separate locations to establish anticipated sound levels for potentially affected adjacent residences. Noise recording lengths are anticipated to require approximately 10 minutes at each location. The noise measurements will evaluate noise exposure due to traffic while accounting for local topography, shielding from existing structures, and variations in travel speed. Construction-related Noise. The Environmental Protection Agency (EPA) recommended noise emission levels and attenuation rates will be used for construction equipment during construction of the proposed project. Analysis requirements will be based on the sensitivity of the area and the Noise Ordinance specifications of the City. Stationary Noise Sources. 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. Stationary noise impacts resulting from the interaction of the proposed mixed-uses will also be discussed. Rail Noise. Railroad noise levels will be calculated using the U.S. Department of Housing and Urban Development (HUD) Noise Assessment guidelines. RBF will investigate any potential impacts arising from the adjacent rail line utilizing the Federal Rail Administration methodology. To conduct this analysis, RBF will research the train patterns adjacent to the project site and model the train movement noise and horn noise. Traffic Noise. Noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108, December 1978). The analysis will focus on potential noise impacts to residential areas. Model input data will include average daily traffic volumes, day/night percentages of autos, medium and heavy trucks, vehicle speeds, ground attenuation factors, and roadway widths. The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format. Traffic parameters necessary for the model input will be obtained from the traffic study. PagelO CONOULTfNO (Ponto (Beachfront Vittage Vision <Ptan (Program Mitigation Measures. Noise mitigation measures designed to reduce short- and long- term impacts to acceptable noise levels in the vicinity of the project site will be determined where necessary. Both an evaluation of the potential mitigation measures and a discussion of their effectiveness will be provided. L. Population and Housing This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. M. Public Services This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. N. Recreation This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. O, Traffic, Circulation, and Parking This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. RBF will prepare a technical traffic analysis to evaluate potential traffic impacts. The traffic analysis will contain the following elements: Update Traffic Study RBF will review the September 2004 "Traffic Constraints Study" prepared for the project study area. In this task, RBF will update the data and reformat the report to be consistent with City traffic study requirements. RBF will update the existing conditions peak hour traffic volume data to reflect 2005 traffic count data from City of Carlsbad Growth Management Plan. As the traffic study is updated to reflect existing conditions, the report will be reformatted to adhere to both City of Carlsbad Growth Management Plan standards. All signalized intersections in the study area will be graphically illustrated and provided in the traffic report. If necessary, project-generate trips will be recalculated and redistributed on the roadway network, if changes to land use have occurred since the last traffic report was prepared. RBF will review and update the list of study intersections and roadway segments. Locations forecast to carry 20 percent or more of the project-generated traffic will be added to the traffic study, if not previously included. Page11 C D N B U LTIN D (Ponto (Beachfront Vittage Vision <Pfan Program The traffic study will be formatted such that the following scenarios are addressed: • Existing Conditions • Existing Plus Project • 2010 without/with Project (near-term) • 2030 without/with Project (horizon year) This format is consistent with the requirements set forth in the SANTEC/ITE traffic study guidelines. Intersections and roadway segments forecast to be impacted under project conditions will be identified in the traffic study. Significant impacts will be based on the SANTEC/ITE threshold of a two percent change in V/C ratios for both intersections (with LOS calculated using ICU methodology) and peak hour roadway segment analysis. At locations forecast to operate at deficient levels of service improvements will be recommended. The jurisdiction of each impacted intersection and/or roadway segment will be clearly identified in the traffic report. RBF will work closely with City staff to ensure that all planned improvement projects included in the City's Growth Management Plan are identified in the study area and included in proposed improvements, where appropriate. Where improvements cannot fully satisfy all impacts, those locations will be clearly addressed in the traffic report. A thorough review of the project site plan will be provided in the traffic study that addresses pedestrian linkages through the site, bicycle access, and on-site circulation. Through this evaluation, RBF will work with City staff to document linkages between communities to ensure compliance with City's access requirements. Response to Comments RBF will review and respond to comment letters relating to both Planning Commission and City Council hearings. If necessary, the traffic report will be modified to address comments. Parking Study RBF will prepare a parking study for the proposed land use that will include parking demand and shared parking analysis for the uses identified on site. The parking study will include exhibits illustrating the allocation of parking by use throughout the site plan. P. Utilities/Service Systems This section of the EER will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. SUBTASK 2.6 GROWTH INDUCEMENT This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. Pagel2 CONSULTING 33 F~~<wakrrjl (Ponto (Beachfront Vittage Vision <PCan (program SUBTASK 2.7 CUMULATIVE IMPACTS This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. SUBTASK 2.8 ALTERNATIVES TO THE PROPOSED ACTION This section of the EIR will be prepared in accordance with the scope of work included in the Ponto Beachfront Village Vision Plan Request for Proposal. Please note: This scope of work does not include the graphical depiction of any alternative project designs, as neither the alternatives nor the scope of work associated with each alternative is known at this time. If desired, alternative project designs may be prepared by RBF's engineering department at an additional fee. SUBTASK 2.9 ADDITIONAL MANDATORY CEQA SECTIONS RBF will provide additional sections in the EIR to meet CEQA and City requirements including the following: A. Significant Irreversible Environmental Changes That Would Be Involved In the Proposed Action Should It Be Implemented Changes in the environment and uses on non-renewable resources that will occur as a result of the proposed project that can be considered irreversible or irretrievable will be evaluated and discussed within this section of the EIR. B. Effects Found Not To Be Significant RBF will provide a qualitative explanation of issues checked No Impact in the City's Initial Study in order to substantiate the conclusions of the Initial Study. C. Inventory of Unavoidable Adverse Impacts This section will be a comprehensive list of unavoidable adverse impacts associated with the proposed project. D. Inventory of Mitigation Measures This section will be a comprehensive list of mitigation measures for the proposed project. To allow direct incorporation of mitigation measures into Conditions of Approval, RBF will provide a summary of mitigation measures. E. Organizations and Persons Consulted/Bibliography Federal, state or local agencies, other organizations and private individuals consulted in preparing the EIR will be listed in this section. RBF will provide a complete list of reference materials used in preparation of the EIR. Pagel3 C O N 8 U LTl N D <Ponto ^Beachfront Vittage Vision <PCan (Program SUBTASK 2.10 GRAPHIC EXHIBITS The EIR will include a maximum of 30 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, black and white or full color exhibits, dividers and covers for the EIR and Appendices. TASK 3.0 DRAFT EIR SUBTASK 3.1 SCREENCHECK EIR RBF will prepare the Screencheck EIR and technical appendices for the City to review. RBF will provide the City with 5 copies of the revised document. Fees for reproduction of the document are included in the budget for the project. a Provide 5 (5) screen check draft EIR documents for City staff review that will be consistent with CEQA and the Carlsbad Environmental Protection Ordinance (Title 19 of the Carlsbad Municipal Code) within twelve (12) weeks from entering into agreement with the City. SUBTASK 3.2 SECOND SCREENCHECK DRAFT EIR RBF will respond to one complete set of City comments on the Screencheck Draft EIR. If desired by the City, RBF will provide the revised Screencheck Draft of the EIR with all changes highlighted to assist the final check of the document. Fees for reproduction of the document are included in the budget for the project. a Provide five (5) copies of the revised Draft EIR text, including appendices and exhibits, which incorporate staffs written recommendations and revisions to the screen check Draft EIR, in addition to the first draft of a Mitigation Monitoring and Reporting Program and Candidate Findings of Fact within twenty-four (24) weeks from entering into agreement with the City. SUBTASK 3.3 COMPLETION OF THE DRAFT EIR RBF will respond to final comments on the Draft EIR by the City and will prepare the report for the required 45-day public review period. RBF will also work with the City to develop a distribution listing for the Notice of Completion (NOC) and Draft EIR (distribution will be done by the City). a Provide fifty-one (51) copies of the City staff-approved Draft EIR with appendices, exhibits, and Mitigation Monitoring and Reporting Program. Twenty-five (25) of those copies shall be in 3-ring, loose-leaf binders, and twenty-five (25) shall be spiral-bound copies. One copy shall be an un-bound reproducible copy. PBF• • • • CONSULTING Page14 3s- <Ponto (Beachfront Vitiate Vision (Ptan (Program a Provide ten (10) copies of the City staff-approved Draft EIR with appendices, exhibits, and Mitigation Monitoring and Reporting Program on CD's, including one (1) Master CD from which copies can be made. TASK 4.0 FINAL ENVIRONMENTAL IMPACT REPORT SUBTASK 4.1 RESPONSE TO COMMENTS/FINAL EIR RBF will respond to comments received on the Draft EIR during the 45-day public review period, and additional comments raised during public hearings. This task includes written responses to written comments received on the Draft EIR. 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 Final EIR. For budgeting purposes, an assumption of 160 hours to prepare response to comments was used, billed on a time and materials basis. This time also includes word processing and graphic artist time to format the comments. Should the comments require more than the budgeted time, the additional time required would be modified with City authorization. a Consultant shall submit written responses to comments and provide five (5) screen check Final EIR documents which include all comments on the Draft EIR within thirty (30) days after the public review period ends. In addition five (5) copies of the Candidate Findings of Fact incorporating staffs comments shall be submitted. a Provide five (5) copies of the Final Draft EIR, including appendices and exhibits, which shall incorporate staffs written recommendations and revisions to the screen check Final EIR, a Mitigation Monitoring and Reporting Program and a separate submittal consisting of the Candidate Findings of Fact within two (2) weeks of receiving the written comments from City Staff on the responses to comments and the Final EIR. a Provide fifty-one (51) copies of the City staff-approved Final Draft EIR with appendices and exhibits. Twenty-five (25) of those copies shall be in 3-ring, loose-leaf binders, and twenty-five (25) shall be spiral-bound copies. One copy shall be an un-bound reproducible copy. Q Provide ten (10) copies of the City staff-approved Final Draft EIR with appendices, exhibits, and Mitigation Monitoring and Reporting Program on CD's, including one (1) Master CD from which copies can be made. a Provide five (5) copies of the certified Final EIR with appendices, exhibits, and Mitigation Monitoring and Reporting Program and the Findings of Fact including one (1) Master CD from which copies can be made, which incorporate any changes made to the Final draft documents during the public hearing and certification process. SUBTASK 4.2 MITIGATION MONITORING AND REPORTING PROGRAM RBF 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. Page15 CONSULTING (Ponto (Beachfront tillage Vision (Plan (Program SUBTASK 4.3 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. SUBTASK 4.4 CANDIDATE FINDINGS OF FACT/STATEMENT OF OVERRIDING CONSIDERATIONS 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 Findings for City review and will respond to one set of City comments. RBF will provide administrative assistance to facilitate the CEQA process including the preparation of the Statement of Overriding Considerations and Findings for City use in the project review process. TASK 5.0 PROJECT COORDINATION, MEETINGS AND HEARINGS Mr. Alex Jewell, AICP, 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. Jewell will undertake consultation and coordination of the project and review the EIR for compliance with CEQA requirements and guidelines and City CEQA procedures. As the Project Manager, Mr. Jewell will coordinate with all technical staff, consultants, support staff and word processing toward the timely completion of the EIR. Mr. Jewell will be part of the Project Team at public hearings and make presentations, as necessary. This scope of work has assumed a total of 100 hours, billed on a time and materials basis for project coordination, meetings, and hearings. Additional time above that amount will be accommodated as an additional service upon the consent of the City, if necessary. CONSULTING Pagel6 37 ATTACHMENT 2 PRINCIPAL-IN-CHARGE Jeff Barfield, AICP Planning Commission / City Council Meeting Representative TECHNICAL REVIEW Kevin Thomas, CEP STAFF NAME Danielle Putnam, AICP Dawn Wilson, PE Nicole Marotz, AICP Edde Torres, INCE Marc Schulte, PE, CFM Bruce Grove, REA, CEI Barry Bevier, PE, GE Scott Rugg, PG, CEG Brian Smith Derek Langsford PROJECT TEAM PROJECT MANAGER Alex Jewell, AICP ENVIRONMENTAL SPECIALISTS ROLE Land Use and Policy Analysts Transportation / Traffic Environmental Analysis Air / Noise Hydrology / Water Quality Phase I Site Assessment Geotechnical Geology Cultural Resources Biology FIRM RBF Consulting RBF Consulting RBF Consulting RBF Consulting RBF Consulting RBF Consulting Kleinfelder, Inc. Kleinfelder, Inc. Brian F. Smith & Associates Helix Environmental Planning Ia. O Si* sl ID g I ^Nil! is S & I I § iss"s8IT) S