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HomeMy WebLinkAboutAGMT - Bonaterra Consulting . PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL REVIEW DOCUMENTATION - EAST BEACH SAND NOURISHMENT PROJECT between Q : City of Seal Beach 211 8 Street Seal Beach, CA 90740 & Bonterra Consulting 151 Kalmus Drive, Suite E -200 Costa Mesa, CA 92626 THIS AGREEMENT is made and entered into this 5th day of November 2007, by and between the City of Seal Beach, a municipal corporation ( "City ") and Bonterra Consulting, a California corporation ( "Consultant "). RECITALS A. City proposes to have Consultant perform the services described herein below; and B. Pursuant to the authority provided by Government Code Section 37103, City desires to engage Consultant to design the project(s) in the manner set forth herein and more fully described in Section 1; and C. Consultant represents: the principal members of Consultant are qualified professional environmental specialists, fully qualified to perform the environmental documentation services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein; and D. No official or employee of City has a financial interest, within the provision of California Government Code, Sections 1090 -1092, in the subject matter of this Agreement. 1014463_1. DOC -1- • NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. a. Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform the technical and professional services ( "Services ") set forth in Consultant's proposal dated October 31, 2007 ( "Proposal ") attached hereto as Exhibit "A" and incorporated by this reference. The nature, scope, and level of the Services to be performed by Consultant are more particularly described in Exhibit "A ". In the event of any inconsistencies between the Proposal and this Agreement, the terms and provisions of this Agreement shall control. b. Time for Performance. Consultant shall perform all services under this Agreement on a timely, regular basis consistent with industry standards for professional skill and care. c. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all services. d. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant: i. has investigated and considered the scope of services to be performed, ii. has carefully considered how the services should be performed, and iii. understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated the subject sites and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant risk until written instructions are received from the City Representative. e. Compliance with Americans with Disabilities Act. All conceptual design plans prepared by Consultant for the Project shall comply with the Americans with Disabilities Act (42 U.S.C. Section 12001 et seq.). 1014463_l .DOC -2- • 2. Term of Agreement. a. This Agreement is effective as of November 5, 2007 (the "Effective Date "), and shall remain in full force and effect until Consultant has rendered the services required hereunder, unless sooner terminated as provided in Section 15 herein. 3. Compensation. a. Compensation. City shall compensate Consultant at its regular hourly rates set forth in Exhibit `B ". The cost of the project shall not exceed the not -to- exceed amounts shown in Exhibit "A" unless such additional compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. b. Additional Services. City shall not pay Consultant for additional services unless the City Council authorizes, in advance, such services. City shall compensate Consultant for any authorized extra services at the hourly rates set forth in Exhibit « 4. Method of Payment. a. Invoices. Consultant shall submit to City monthly invoices for the services performed pursuant to this Agreement. The invoices shall describe in detail the services rendered during the period and shall separately describe any extra services authorized by the City Council. Any invoice claiming compensation for extra services shall include appropriate documentation of the City Council's prior authorization of such services. All invoices shall be remitted to the following address: Department of Public Works, 211 8` Street, Seal Beach, CA 90740. b. City shall review such invoices and notify Consultant in writing within twenty business days of any disputed amounts. c. City shall pay all undisputed portions of the invoice within thirty calendar days after receipt of the invoice up to the not -to- exceed amounts set forth in Section 3. d. All records, invoices, time cards, cost control sheets and other records maintained by Consultant shall be available for review and audit by the City. 5. Representatives. a. City Representative. For the purposes of this Agreement, the contract administrator and City's representative shall be the Director of Public Works, or such other person as the Director designates in writing (hereinafter the "City Representative "). It shall be Consultant's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 1014463_I .DOC -3- b. Consultant Representative. For the purposes of this Agreement, Pamela G. Castens, is hereby designated as representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Representative "). It is expressly understood that the experience, knowledge, capability and reputation of the Responsible Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Responsible Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Representative without the prior written approval of City, which approval shall not be unreasonably withheld. 6. Consultant's Personnel. a. All Services shall be performed by Consultant or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City Municipal Code. b. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 7 below. c. Consultant shall be responsible for payment of all employees' and subconsultants' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. d. Consultant shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city or agency officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's alleged violations of personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. a. Consultant shall perform all services to customary professional standards and in a manner reasonably satisfactory to City. 8. Ownership of Work Product. a. Ownership of Plans. All plans, specifications, reports, studies, tracings, maps, drawings, blueprints, or other written material (collectively "Plans" in this Section 1014463_1. -4- 8) prepared or obtained by Consultant in the course of performing the Services shall be and remain the property of City without restriction or limitation upon its use or dissemination by City, and Consultant shall convey and transfer all copyrightable interests in the Plans to City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. Such material shall not be the subject of a copyright application by Consultant. Any reuse by City of any such materials on any project other than the Project shall be at the sole risk of City unless City compensates Consultant for such use. City agrees to indemnify, defend and hold harmless Consultant against any claims, losses, costs or damages as a result of City's reuse of the Plans without compensation to, or prior authorization of, Consultant. In the event of the return of the Plans to Consultant or its representative, Consultant shall be responsible for their safe return to City. Consultant shall be entitled to retain copies of the Plans for Consultant's files. Under no circumstances shall Consultant fail to deliver any draft or final plans, drawings or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This Covenant shall survive the termination of this Agreement. b. Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. They City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. c. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required bye the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 1014463_1.DOC -5- 9. Status as Independent Contractor. a. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall • not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 9. 10. Confidentiality. a. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Conflict of Interest. a. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 1014463_1. -6- b. Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. c. Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 11.1. 12. Indemnification. a. Indemnity for Professional Services. In connection with its professional services, Consultant shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of city or agency officials, (collectively, "Indemnitees "), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses (collectively, "Claims "), including but not limited to Claims relating to death or injury to any person and injury to any property, to the extent to which they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its professional services under this Agreement, but not to the extent the result of the negligence or willful misconduct of the City or of other third parties not under the control or the supervision of Consultant. Consultant's obligation to indemnify does not include the obligation to defend actions or proceedings brought against the City but rather to reimburse the City for attorney's fees and costs incurred by the City in defending such actions or proceedings brought against the City to the extent caused by Consultant; but not for any loss, injury, death or damage caused by the negligence or willful misconduct of City or of other third parties not under the supervision or control of Consultant. b. Other Indemnities. In connection with all Claims not covered by Section 12.1, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's 1014463_1. DOC -7- choice, and shall pay all costs and expenses, including actual attorney's fees and • experts' costs incurred in connection with such defense. c. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. d. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through. it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. e. Survival. The provisions of this Section 12 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnity's right to recover under this indemnity provision, and an entry of judgment against a Consultant shall be conclusive in favor of the Indemnity's right to recover under this indemnity provision. 13. Insurance. a. Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Consultant, and its agents, representatives, employees and subconsultants. b. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: i. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). ii. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). iii. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. iv. Professional Liability insurance in a form approved by the City. c. Minimum Limits of Insurance. Consultant shall maintain limits no less than: i. General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply 1014463_I.DOC -8- separately to this Agreement or the general limit shall be twice the required occurrence limit. ii. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. iii. Employer's Liability: $2,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. iv. Professional Liability: $2,000,000 per claim/aggregate. d. Deductibles and Self - Insured Retentions. Consultant shall inform City of any deductibles or self - insured retentions except with respect to professional liability insurance. e. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. ii. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Consultant's insurance and shall not contribute with it. iii. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iv. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 101 4463_1.DOC -9- v. Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. f. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII unless waived in writing by City's Risk Manager. g. Verification of Coverage. No work or services under this Agreement shall commence until Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. Proof of insurance must be sent directly to the City Clerk's Office. h. Subconsultants. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein unless otherwise approved in advance in writing by City. 14. Cooperation. a. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. City shall compensate Consultant for any litigation support services in an amount to be mutually agreed upon by the parties. 15. Termination. a. Either party shall have the right to terminate this Agreement at any time for any reason on written notice to the other party. In the event either party exercises its right to terminate this Agreement, City shall pay Consultant for any services rendered prior to the effective date of the termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. 16. Suspension. a. City may, in writing, order Consultant to suspend all or any part of the Consultant's Services for the convenience of City or for work stoppages beyond the control of City or Consultant. Subject to the provisions of this Agreement relating to termination, a suspension of the Services does not void this Agreement. 1014463_1.DOC -10- 17. Notices. a. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours or by facsimile before or during Consultant's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 8 Street Seal Beach, CA 90740 Fax: (562) 431 -4067 With a copy to: Director of Public Works City of Seal Beach 211 8 Street Seal Beach, CA 90740 Fax: (562) 431 -8763 18. Non - Discrimination and Equal Employment Opportunity. a. In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subconsultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 19. Non - Assignability; Subcontracting. a. Consultant shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Consultant's obligations hereunder. Any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 1014463_1.DOC -11- • 20. Compliance with Laws. a. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. 21. Non - Waiver of Terms, Rights and Remedies. a. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 22. Attorney's Fees. a. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs • of suit, including actual attorney's fees. 23. Exhibits; Precedence. a. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 24. Construction. • a. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 25. Entire Agreement. a. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 1014463_ I . DOC -12- IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CONSULTANT By: / A By: i f Its: City Manager Its: CaD 1 Pri, ;o " 1 Attest: B I /,i ,l 4 0 2 Its: ,,,Alp �/J/1 " ity lerk (Two signatures r . guired for corpora ons — California Corporations Code Section 313) APPROVED AS TO FORM: _7 City ttorney 1014463_1.DOC -13- • ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID EA DATE(MM /DD/YYYY) BONTERI 01/28/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOF ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NHC Insurance Services Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 796 W. 9th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW San Pedro CA 90731 Phone: 310- 221 -0917 Fax:310- 221 -0966 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A• AMERICAN SAFETY INDEMNITY CO 25433 BONTERRA CONSULTING, INC. INSURER B' EVEREST NATIONAL INS COMPANY 10120 BONTERRA CONSULTING, LLC INSURERC Kathy Linklater 151 KALMUS DR. , SUITE E-200 INSURER COSTA MESA CA 92626 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !NSF( AUU'LI POLICY EFFECTIVE POLICY EXPIRATION LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 0 0 0, 0 0 0 UAMMISES(EaoccurenAGt IU KtNI tU A X COMMERCIAL GENERAL LIABILITY ENV0156420903 01/27/09 01/27/10 PREce $50,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 X Contractual Liab. PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEM_ AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,0 0 0 , 0 0 0 X POLICY n PRO- j] LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A ANY AUTO ENV0156420903 01/27/09 01/27/10 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) X NO COMPANY OWNED PROPERTY DAMAGE AUTOS (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 A X OCCUR CLAIMS MADE ENU0156430903 01/27/09 01/27/10 AGGREGATE $5,000,000 DEDUCTIBLE $ X RETENTION $ 10 , 0 0 0 $ WC ST MITS OTH WORKERS COMPENSATION AND X TORY LIMITS I ER B EMPLOYERS' LIABILITY 6200000460 -091 01/27/09 01/27/10 E.L.EACHACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E L. DISEASE - EA EMPLOYEE $ 1 , 0 0 0 , 0 0 0 If SPEC AL PROVISIONS below E L DISEASE - POLICY LIMIT $ 1,000 , 0 0 0 OTHER A Contr. Pollut Liab ENV0156420903 01/27/09 01/27/10 1,000,000 Each Claim A Professional Liab ENV0156420903 01/27/09 01/27/10 2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 DAY NOTICE OF CANCELLATION APPLIES FOR NON - PAYMENT OF PREMIUM. THOSE USUAL TO THE INSURED'S OPERATIONS. ROLE OF CITY OR AGENCY OFFICIALS, ARE TO BE COVERED AS ADDITIONAL INSUREDS. PLEASE SEE ATTACHED ENDORSEMENTS. CERTIFICATE HOLDER CANCELLATION CITYSEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0* DAYS WRITTEN CITY OF SEAL BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY CLERK IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 211 8TH STREET SEAL BEACH CA 90740 REPRESENTATIVES. AMZED REPRESENTATI ACORD 25 (2001/08) © ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Bonterra Consulti,. Inc. Policy nio. ENV015642 -09 -03 Bonterra Consulting, LLC COl-L1• E1tCIAL GENERAL LIA131LITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location (s) Of Covered Operations Any person, organization or project with whom Where required by wntten contract. the named insured executes a written contract prior to the start of a project and is shown on a certificate of insurance issued by our authorized representative prior to the start of a project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II — Who Is An Insured is B. With respect to the insurance afforded to amended to include as an additional these additional insureds, the following insured the person(s) or organization(s) additional exclusions apply shown in the Schedule, but only with This insurance does not apply to "bodily respect to liability for 'bodily injury', injury" or "property damage' occurring 'property damage' or "personal and after advertising injury'' caused in whole or in part, by 1. AD work, including materials, parts 1. Your acts or omissions; or or equipment furnished in 2. The acts or omissions of those connection with such work, on the acting on your behalf; project (other than service, maintenance or repairs) to be in the performance of your ongoing performedby or on behalf of the operations for the additional insured(s) additional insured(s) at the location at the location(s) designated above. of the covered operations has been completed; or 2. That portion of ''your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 20 10 07 04 Copyright, Insurance Services Office, Inc., 2004 Page 1 of 1 • Bonterra Consulting, Inc. Bonterra Consulting, LLC Policy No. ENV015642 -09 -03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENV 98 036 11 04 PRIMARY NON CONTRIBUTORY INSURANCE ENDORSEMENT FOR SPECIFIED PROJECT This Endorsement shall not serve to increase Solely with respect to the specified project listed below and our limits of insurance, as described in subject to all terms, conditions and exclusions of the policy, SECTION III - LIMITS OF INSURANCE, this insurance shall be considered primary to the Additional Insured listed below if other valid and collectible insurance is available to the Additional Insured for a Toss we cover for the In consideration of the payment of premiums, it is hereby Additional Insured under COVERAGE A. It is also agreed that agreed as follows. any other insurance maintained by the additional insured shall be non - contributory. Additional insured(s) Specified Project Any person, organization or project with whom the Where required by written contract. named insured executes a written contract and is shown on a certificate of insurance issued by our authorized representative prior to the start of a project All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. ENV 98 036 11 04 Copyrightd 2004 American Safety Casualty Insurance Company Page 1 of 1 Bonterra Consulting, Inc. Bonterra Consulting, LLC Policy No. ENV015642 -09-03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENV 01 031 11 07 ENDORSEMENT -- EXPANDED WAIVER OF SUBROGATION This Endorsement shall not serve to increase our limits of insurance, as described in the LIMITS OF INSURANCE section of the policy. We waive our rights to subrogation, against a project owner or general contractor in connection with the performance of "your work" at a specific project, provided that we are required to waive our rights to subrogation against such project owner or general contractor in a written contract for "your work" that you enter into with such project owner or general contractor prior to the start of such project, and subject to the following conditions and exclusions. Subrogation shall not be waived with respect to any liability arising directly or indirectly out of any of the following actions of such project owner or general contractor: 1 "Professional services" on or in connection with the Project; 2 Modifying or changing the Project specifications without the express written consent of the insured; and 3 Any activities beyond the scope of monitoring the progress of the insured on the Project. • All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. ENV 01 031 11 07 Copyright® 2007 Page 1 of 1 0 0 EXHIBIT "A" PROPOSAL • , • . • U M EpNRT0AJTE ICPFN - REv I EW D°C PROPOSAL FOR ENsATANLD NOURISHMENT ENVIRONMENTAL _..._,„ ..„,,,z,..,n,szis 7si.,..-a-,--„F:v....:1:75- ,*-4=z*:;ckti EAST BEACH ,„,.--,n2-7-4,:,- t,:-;ct-4,,,sazi=ker--s,:-taig-•; ,;:*‘rrszie-7-7.."--7-fg.it-A4itevent Act,::,4 -;.:vaz..?,,prt,,-; - ---7:IcialIkAvztw,:-.1iWItW4140,=-1;V:::e■ateatirtita:l'itS1c=taliiitin.471 . . -,,,,c-------- A--i-illsarg-c5,ft-±a -,--<42 :-Ac4'w-YAmV;-3/4---takV4-1- - rWat, '34;154ctkticiioc,Zok-gi: --4,-,ct?am-„c.-r-arscsec-ze-- i-Atr?ziwf.p -isgIvASW:Teitt.,-..$-!-I -snfrx-t- 33-74,x-WW-e*--AttrAfFez -7,---rinr/r2E2Mtare‘XfActoRis-ggsysek„--1-ktatts*.itatfamia-r,ARosiacc.orwswAkta,,--;sr--- (vii Ptff.iefkWf:lrte;f.tekatTgv.incs;,,f4pcz -ik94AaicStj,4ws:4k4--dj-.4-:awk,o,E„k.,,.t,t,ff:-4tkci, - --4-rati.-trectik .,24-54,-siA?--ca -6,-,,,..--dLor.i) _„..... f,o-r-" rtiNtIr.,=W1-:traer,---4S-TrA-- tary3-7,-- -4, ...c, ,..._,.. ,r-= ,,,-..-,...,, - --Ty,tr.,47-strat-Lf.7'2:••••7'^•Ar3 '43 -,g,..'",ta.`:1"*Aer-,c",".' 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P �T F i a • S lids ¢ - 4.. t ti 0' i _ .,' G �S12 T I N G ;I -`?< °':-.5 16i nia 3'fo`nning/Resource zs ' 4ayraa`er�,eat'Cofporation i.R -L T' i s October31, 2007 .s s -;-W— Mr. Lee Whittenberg z,, ,-• Director of Development Services ' -* City of Seal Beach 1, e" 4 211 8th Street s, 4 Seal Beach, California 90740 't' } ¢ �, Subject Proposal to Prepare Environmental Documentation for the East Beach Sand n Vi . Nourishment Project Y � a i t om is - f X-z; g: A K Dear Mr.Whittenber• g: -i'c Ark} R a v 5rl�JJ; BonTerra Consulting is pleased to submit this proposal to the City of Seal Beach to provide t V01 ., 9 P P P Y P z �x consulting services for the East Beach Sand Nourishment Project. BonTerra r ,�.rf,wi 4: Consulting will be the prime contractor responsible for preparation of the environmental - %• r tc,- , ro documentation. We have included Coastal Resources Management, Inc, on our team as a > t-z .k `i ce �, subconsultant to address potential marine resources impacts, As requested, this proposal rt r :., includes an organizational chart, a proposed schedule, a technical -scope of work, . t F r ;e a .��r �'" , information regarding the experience of the firm and individuals assigned to the project, x ',t ' ra4 and a fee estimate. s,fi n- a.4 x w .. i a t- 474'i 4 ifta ti }�, ry � �s � The BonTerra Consulting Project Team will be led by Ms. Pamela Castens who has over 23 ervs,: ;:'$-`y -4",:itt, " years experience in the management and preparation of environmental documents for coastal and inland projects, Ms. Castens will be BonTerra Consulting's primary representative for this � �.+�= ro ec by Gary P G,, „ �� & 2v� p j t. She will be assisted b Mr. Ga Medeiros, an Associate Principal with BonTerra aka �,� & ; Consulting, who will-be our alternate representative, and other key technical staff in our Costa r spy Mesa office, Mr, Rick Ware, Principal of Coastal Resources Management, Inc„ will evaluate n..' .? S-CS 9 ,�: . potential impacts to marine biological resources and water quality, As outlined in the attached {�c xr T A4 s g Yom,,: proposal, this team of senior professionals has extensive experience working on projects .>F <g s� ` similar to the East Beach Sand Nourishment Project. Their experience with technical issues t ,,. m� ,,, ,;�� ,,i 19.42, . , - .- related to coastal projects will ensure that the environmental documentation for the proposed c t �s M „`� z , >{ project is completed in a time-and cost-efficient manner. s ^t t`• 3--trx }3 hto i 4; z i = The attached scope of work includes the various tasks necessary to process the , �A environmental documentation for the project pursuant to the California Environmental e• a � . ,t ,,,.,` Quality Act, and assumes that a mitigated negative declaration is the appropriate % ;; 4i, rH�' - environmental document. BonTerra Consulting is available to begin work on this r c� , � L F aY tz�';,;,, assignment immediately upon receipt of an authorization to proceed. As documented in the x 4 } =s- ;j 'w ' preliminary schedule included in Section B of the proposal, BonTerra Consulting w v�f 4 �� anticipates that a Screencheck Draft Initial Study can be prepared within five weeks; -i; ~ ; project approvals would follow in March 2008,rT` nStr g t � 47, Please note that we have reviewed the City's Standard Consultant Agreement and will be dal Kojirtns Dtrve 4 ,;, s? able to comply with the provisions of this agreement. We look forward to discussing this "` proposal with ou, If you have an Su4te-E'2Q0 z ` v ,'' P P y y any questions, please contact us at (714) 444-9199. ' 3,`' Sincerely, Co sta Mesa - BONTERRA CONSULTING Cafiforcto- 9.2626 a e ' fi S/4l✓/ p ,//,, ,,,,,,44411:92! + ,'; Christina L. Andersen Pamela G. Castens Principal, Environmental Services Senior Project Manager {714) 44449594 fag; R:Wmonsals4SealBea\POC2\Cover Ltr-1 03107.doc .wwW bonferraconst3iffina.com • • AtiTS '74241P:::7 Seal Beach East Beach Sand Nourishment Project ‘lif Lica Environmental Review Documentation TABLE OF CONTENTS A. Consultant Organizational Chart 1 B. Proposed Project Schedule 2 C. Scope of Work and Work Effort 3 D. Firm Experience 9 E. Consultant Team 13 F. Fee Estimate 15 APPENDIX A. Resumes • Bon Terra Consulting Table of Contents s!rc, • • J �:• A�3 Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation A. CONSULTANT ORGANIZATIONAL CHART BonTerra Consulting will be responsible for the preparation and management of the Initial Study/Mitigated Negative Declaration (IS/MND) for the East Beach Sand Nourishment Project, City of Seal Beach. The BonTerra Consulting team also includes the services of Coastal Resources Management, Inc. (CRM) to complete the assessment of direct and indirect impacts to marine biological resources. As requested, the organizational chart below identifies the assigned team's personnel and their respective roles. Additional information regarding the roles and responsibilities of these individuals is provided in Section E. vicnrce71.47-7n9 4-7,a-gosvcdowo-ph ffR'as e4'x'y..;r.;4;14 �.._° tT.'E ,inr g pfa;� Project Manager/ j Principal in-Charge Primary Contact Quality Assurance Pamela G. Castens l ' Christina L. Andersen Technical Support BonTerra Consulting Resource Agency Permitting/Alternate Contact Gary A. Medeiros IS/MND Preparation Air Quality Analysis Julie A. Cho Samuel C. Stewart Coastal Resources Management Marine Biology Impact Analysis/ Water Quality Robert (Rick)Ware BonTerra Consulting Page 1 tS' • • •e Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation B. PROPOSED PROJECT SCHEDULE The following is a preliminary project schedule for completing the IS/MND for the East Beach Sand Nourishment Project. This schedule is based on the current availability of assigned staff as well as documented assumptions regarding construction methods and the associated level of effort needed to complete the environmental document and associated technical studies. This schedule can be amended (if needed) based on modifications to the City's review periods. TASK DATE Notice to Proceed November 5, 2007 Project Initiation and Receipt of Additional Project Information November 7, 2007 Receipt of Marine Biology and Water/Sediment Quality Study November 30, 2007 Draft Initial Study submitted to the City for review December 7, 2007 Receive Comments from the City on the Draft Initial Study December 14, 2007 Submit Final Review Draft to the City December 21, 2007 Approval Draft Initial Study Provided to the City January 4, 2008 IS/MND Released for Public Review January 11, 2008 (allows one week for final review/revisions and document production) End of 30-Day Public Review Period February 12, 2008 Draft Response to Comments and Mitigation Monitoring and Reporting Program (MMRP) to the City for Review February 25, 2008 Receive Comments from City on Responses to Comments and MMRP March 3, 2008 Final Responses to Comments and MMRP submitted March 10, 2008 Public Hearings March 2008 Bon Terra Consulting Page 2 • ATV • 14S,4: Seal Seal Beach East Beach Sand Nourishment Project ger Environmental Review Documentation C. SCOPE OF WORK AND WORK EFFORT PROJECT UNDERSTANDING BonTerra Consulting has reviewed the project description information provided by the City with the Request for Proposal (RFP) and has expanded its understanding of the proposed project through additional research and coordination with project partners. These efforts will ensure that the following Scope of Work and level of effort will adequately cover the tasks necessary to achieve defensible environmental compliance documentation for the project. Based on available information and coordination with the U.S. Army Corps of Engineers (USAGE), it is our understanding that the City proposes to replenish sand along East Beach, which has an-erosion rate of approximately two to three feet per year. The City has conducted periodic beach nourishment at East Beach in the past; the most recent nourishment cycle occurred approximately ten years ago, utilizing borrow material from an inland quarry source in 1996. The City currently has an opportunity to obtain approximately 200,000 cubic yards of beach-compatible material through a modification to the USACE Surfside-Sunset Stage 12 project. Coordination with USACE Coastal Engineering staff has indicated that H.R. Morris will likely perform the dredging operation at the offshore borrow site and has the capability to pump the material to East Beach for disposal via an E pipeline above the high water line. A scraper/dozer Will then spread the material as desired to ensure optimal placement of material for both recreation and storm damage protection purposes. Environmental Resources Branch staff indicates that the USACE is providing all environmental clearances and permits associated with removal of material at the offshore borrow site; the City is responsible for California Environmental Quality Act (CEQA) analysis and permitting of the impacts associated with transport of the borrow material to East Beach as well as impacts associated with actual material disposal at the East Beach receiver site. It is also our understanding that the USAGE is conducting all required physical and chemical analyses of the borrow material, as well as obtaining all Section 404 permits associated with the project. Consequently, the City of Seal Beach needs to prepare the CEQA documentation for the .. transport and disposal of material from the offshore borrow site on East Beach. The City is also responsible for obtaining required approvals for the California Coastal Commission and the Regional Water Quality Control Board (RWQCB) as necessary. Based on our project understanding and information provided by the City in the.RFP, an Initial Study (IS) leading to the preparation of a Mitigated Negative Declaration (MND) is required. The IS and MND will comply with CEQA and the State CEQA Guidelines. The City of Seal Beach is the lead agency for the project. BonTerra Consulting's Scope of Work for preparing the IS/MND is provided below and will rely as much as possible on existing information and data collected in previous nourishment cycles. The IS/MND would provide the information necessary for the City to obtain required permits from the California Coastal Commission and RWQCB; however, the following Scope of Work does not include the preparation of permit applications or coordination of these regulatory processes. It should be noted that these services can be provided by BonTerra Consulting with a contract amendment. BonTerra Consulting Page 3 • • ),_ Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation SCOPE OF WORK Task 1 — Project Initiation BonTerra Consulting will meet with the City of Seal Beach to discuss the project and the proposed Scope of Work. This kick-off meeting is recommended to ensure that all members of • the project team have a thorough and consistent understanding of the Scope of Work, studies to be completed, schedule, and appropriate environmental documentation for the project. it is assumed that the City will provide all available project information at or prior to the project initiation meeting. Attendance at one project meeting is assumed for this task. Task 2— Preparation of Environmental Documentation As previously noted, this Scope of Work assumes the preparation of an IS/MND prepared pursuant to CEQA and the State CEQA Guidelines. Following is a discussion of specific tasks to be completed in preparing the IS/MND. It should be noted that all products would be prepared in a Word or Excel format acceptable to the City. Task 2.1 Preparation of Screencheck Draft Initial Study A Screencheck Draft IS will be prepared by BonTerra for the City's review. One of the primary purposes of this document is to provide the lead agency with the necessary technical information to decide whether an Environmental Impact Report (EIR) or an MND is needed. As indicated previously, an MND is anticipated to be the appropriate environmental documentation for the project. However, should the City determine (based on review of the draft IS) that an EIR is necessary, a modification to the Scope of Work and Fee Estimate would be required. This would occur if there are unanticipated significant impacts that cannot be mitigated to a level considered less than significant. In compliance with Section 15063 of the CEQA Guidelines, the IS will contain.a description of the project, including: the location of the project; a discussion of the environmental setting; an identification of environmental effects; and a discussion of mitigation measures required to maintain all project impacts to a level considered less than significant. This Scope of Work assumes that the City will provide BonTerra Consulting with necessary information to prepare the project description, including electronic files of the project site plan or other files in different formats suitable for use in exhibits for the environmental document. The presentation of the environmental setting will be based on the existing literature as well as a site visit. The • discussion of environmental effects will follow the environmental checklist form provided in Appendix G of the State CEQA Guidelines or a checklist form provided by the City. An explanation for all checklist answers will be included to provide the public with an understanding of how the IS conclusions were reached. Mitigation measures will be clearly identified to facilitate the development of the Mitigation Monitoring and Reporting Program. Following is a description of the work effort for assessing potential environmental effects relative to each topical issue identified on the CEQA environmental checklist. Because of the nature of the project (beach sand nourishment), the project location, and the fact that there are no proposed "development" activities for many topical issues, only a qualitative assessment of the checklist questions explaining why no impact would occur is necessary. A qualitative assessment will be provided for the following topical issues: aesthetics, agricultural resources, cultural resources, geology and soils, hazards and hazardous materials, mineral resources, noise, population and housing, public services and utilities, transportation/traffic, and BonTerra Consulting Page 4 � ' '' 811 Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation recreation. Following is a description of the technical analyses that will be conducted for the remaining topical issues: • Air Quality — BonTerra Consulting will evaluate the potential air quality impacts associated with the project. The air quality impacts of a project can be divided into short-term and long-term increases in pollutant levels. Given the nature of the proposed project, long-term emissions are not anticipated; therefore, the air quality analysis will focus on short-term construction-related activities. A "peak day" construction scenario will be developed that will calculate construction emissions based on the estimates of the amount and type of construction activity, equipment used, and employee vehicles traveling to and from the site. The analysis will be consistent with the most current and approved South Coast Air Quality Management District (SCAQMD) Handbook for CEQA analysis and, given the proximity to residences, will utilize the SCAQMD Localized Significance Threshold (LST) Methodology. The air pollutant emissions during construction will be compared to the LSTs and mitigation measures will be developed to reduce air quality impacts, if necessary. • Biological Resources — Coastal Resources Management (CRM), as a subconsultant to BonTerra Consulting, will assess project impacts to marine biological resources. • The technical approach will qualify and quantify the existing information on the marine biological habitat and communities present within the study area at project initiation; assess the potential direct impacts and indirect impacts of the project on marine resources, sediment quality, and marine life; determine the level of significance associated with the identified types of impacts; and identify mitigation measures. Environmental baseline conditions will be developed through the use of existing information from sources such as: NPDES marine biological and sediment/water quality reports for the Alamitos and Scattergood Generating Stations; local marine studies on sandy intertidal biology; nearshore soft bottom benthic ecology; . environmental studies conducted for the Seal Beach Pier renovation project prepared by Moffatt & Nichol and Coastal Resources Management, Inc; California grunion survey information (Karen Martin, Pepperdine University and local lifeguard observations); the Marina Bridge retrofit.project (BonTerra Consulting and Coastal Resources Management, Inc.); and the USACE Surfside/Sunset Beaches environmental assessments. This information will be combined with a • reconnaissance-level field visit to the site to include observations within the intertidal beach zones as well as the intertidal riprap of the Anaheim Bay jetty. Subtidal surveys are not likely to be required for this effort, although it is possible that these may be required for an expanded CEQA environmental document. An analysis of essential fish habitat, however, will be conducted to ensure effects from pipeline placement are addressed. • Contact with National Marine Fisheries Service (NMFS) staff has indicated that surveys to determine the presence/absence of invasive algae (Caulerpa taxifolia) along the pipeline corridor running between the borrow site and the East Beach receiver site may not be required; NMFS has scheduled an internal meeting on October 31 to discuss agency policy regarding these surveys for all projects affecting subtidal areas (Bob Hoffman, pers. communication with R. Ware, October 29, 2007). At this time, it is unclear if NMFS will require these surveys for the East Beach project pending the outcome of the internal meeting. Should it be required, CRM BonTerra Consulting Page 5 • ::; Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation would conduct a one-day remote video survey of the proposed pipeline corridor between the borrow site and East Beach. These costs have been included as an Optional Task in the project budget should they be necessary. For intertidal/subtidal marine resources, sensitive habitats and Endangered species, seasonal and spatial distributions of marine organisms will be identified. Where applicable (i.e., California grunion) relative population and/or abundance data will be presented so that project-related effects and cumulative impacts can be quantified. Proposed project impacts may result in some level of disturbance to marine water quality, sediment quality, habitats and/or organisms. Potential impacts to Sensitive and Endangered species will be addressed. The species that occur in the area and the periods in which these species might be present will be identified from the baseline environmental information and impacts. will be evaluated based on the periods in which they are expected to occur as well as potential project-induced short/long-term changes in their behavior, reproductive success, or damage to their critical habitats. • Hydrology and Water Quality—The proposed project would not increase the amount impervious surface or increase the amount or rate of stormwater runoff; therefore, these issues will be addressed qualitatively in the IS/MND. However, the proposed project which involves activities within the ocean has the potential to impact water quality. BonTerra Consulting will provide an overview of the systems that are in place from a regulatory perspective that would address water quality issues. Marine water quality information will be evaluated for salinity, dissolved oxygen, turbidity, pH, and temperature, and potential water column contaminants (if present) with emphasis on parameters that have a potential to be altered during beach nourishment activities (i.e., turbidity/suspended particulates). Impacts from these changes may include effects on marine organisms as a result of increases in turbidity that may decrease water column light levels and alter the photosynthetic processes. • Land Use and Planning — BonTerra Consulting will conduct a site visit in order to document existing land uses both on site and in the immediate vicinity of the project site. A discussion of the project's consistency with the applicable goals and policies of. the General Plan and other planning documents relevant to the project area will be provided. Specifically, because the project site is located within the coastal zone, the IS/MND will include a discussion of the projects consistency with the City of Seal Beach Local Coastal Program policies and requirements related to public access and recreation, marine and land resources, shoreline structures and hazards, new development, scenic and visual resources, and public works. Additionally, conformance with policies outlined in Chapter 3 of the California Coastal Act will be addressed. This information will be provided to support the application for a Coastal Development Permit from the California Coastal Commission. However, this Scope of Work does not include preparation of the application or processing of the permit. Task 2.2 Preparation of IS/MND for Distribution The Screencheck Draft IS will be revised to incorporate review comments from the City. If comments require the preparation of additional technical studies, a scope modification would be required. An Approval Draft IS/MND will be submitted to the City for review. Concurrent with preparation of the Approval Draft IS, BonTerra Consulting will prepare the necessary BonTerra Consulting Page 6 151 • • .r' Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation documentation for the MND, including a proposed finding that the project will not have a significant effect on the environment with implementation of mitigation measures. Following the receipt of comments, BonTerra Consulting will finalize the IS/MND for public review. BonTerra Consulting will coordinate with the City on a mailing list for the distribution of the IS/MND. It is assumed that 20 copies of the MND will be reproduced for distribution to the public, staff, and the decision makers. Additional copies can be provided in PDF format on CD. BonTerra Consulting will coordinate the reproduction effort. A notice that the lead agency proposes to adopt an MND needs to be provided to the public, prior to adoption of the MND. This notice should be published in local newspapers or, at a minimum, posted at the project site. It is assumed that BonTerra Consulting would prepare the notice, for submittal by the City to the newspaper and/or posting at the project site. As the project requires approval by one or more State agencies, the IS/MND will have a 30-day public review period. Task 2.3. Responses to Comments Once the review period has ended, BonTerra Consulting will meet with the City to review the comments received and develop an approach to responding to the comments. Responses to comments are not required, but they are recommended to assist the lead agency in the decision making process. All comments within the Scope of Work will receive responses. Topical responses, with a brief summary of the issue and a reference back to the larger response, will be used if multiple comments are received on the same issue. This will allow a more complete approach toward addressing the comments without repetition. The responses to comments will be submitted to the City for review. The responses will be revised based on comments transmitted to and received by the City. In compliance with Section 15074 of the CEQA Guidelines, the decision making body of the lead agency must consider the proposed MND together with any comments received during the public review process. A total of 14 hours of technical staff time are assumed for the responses to comments effort. Should a large number of comments be received, the budget and schedule allowed for completing the response to comments may need to be revised. Task 2.4 Notice of Determination Following the adoption of the MND, BonTerra Consulting will prepare a Notice of Determination (NOD) to be filed with the County Clerk and the Governor's Office of Planning and Research. BonTerra Consulting will coordinate the necessary NOD filings. The fee estimate provided includes the $1,850 filing-fee for the California Department of Fish and Game (CDFG). Task 3 — Mitigation Monitoring and Reporting Program To comply with Public Resources Code 21081.6, BonTerra Consulting will prepare a Mitigation Monitoring and Reporting Program (MMRP) for adoption at the time of the MND. The MMRP must be designed to ensure compliance with adopted mitigation requirements during project implementation. The program will be prepared in matrix format and will provide the timing and responsibility for each mitigation measure. A draft MMRP will be submitted for review by the City. Revisions will be made accordingly. BonTerra Consulting - Page 7 �gr96„-ti�� a • T ' ps 1 Seal Beach East Beach Sand Nourishment Project • Environmental Review Documentation Task 4—,Project Management/Coordination and Meetings BonTerra Consulting will coordinate with the City of Seal Beach, as necessary, to ensure compliance with the scope and schedule. In addition to the project kick-off meeting identified as Task 1 and the Task 2.3 meeting to review Reponses to Comments, this Scope of Work assumes the need for one in-progress project team coordination meeting. Additionally, the BonTerra Consulting Project Manager will attend two public hearings at the City of Seal Beach when the project is heard by the Planning Commission and the City Council. The BonTerra Consulting Project Manager will be responsible for all communication and correspondence with the City and CRM. This coordination can occur in various ways, depending on the information being shared. For routine communication of project status and discussion items, email will be used. For communication regarding more complex project issues and/or strategy discussion, telephone conferencing would be used and would be followed up with a . written summary of decisions made. • • • • • Bon Terra Consulting Page 8 . _„,, • • Y y. E� -> Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation D. FIRM EXPERIENCE BonTerra Consulting is a certified woman-owned business that provides environmental planning, natural and cultural resources management services to public and private sector clients throughout southern and central California. The 8 principals of the firm have over 190 years of collective, hands-on experience in environmental planning, impact assessment, natural resources management, biological surveys, and city and regional planning studies for agencies and private sector clients throughout Southern California. BonTerra Consulting's general project experience includes: coastal and wetland mitigation; wastewater and water supply facilities; infrastructure systems such.as transportation corridors, highways and bridges, airports, transmission lines, landfills, materials recovery facilities (MRFs), and master planned communities; parks, golf courses, and recreational facilities; entertainment theme parks; and urban in-fill projects (including office complexes, mixed-use employment and retail business parks, aerospace,conversions, and commercial/retail centers). The BonTerra Consulting project team has recent and relevant experience in preparing environmental documentation for projects within coastal areas of southern California. The BonTerra Consulting team has worked on projects, as elaborated upon below. that are similar to the proposed East Beach Sand Nourishment Project. While the CEQA process is generally the same regardless of the type of project, the technical issues and level of analysis varies. Projects within the coastal zone have a unique set of issues that need to be addressed. BonTerra Consulting is very familiar with these issues which include, but are not limited to: effects of project construction on benthic and pelagic biological resources and construction timing impacts; recreation/public access impact issues; community sensitivity to noise and aesthetic construction impacts; public and environmental issues with beach material compatibility; and air quality complications associated with the use of dredge equipment. In addition to the relevant BonTerra project experience listed below, the project staff has direct and applied professional expertise in environmental compliance for beach nourishment, storm damage, and navigation projects throughout southern California. This experience includes membership on the project team for Surfside-Sunset Stage 10 construction, the Port of LA Deep Draft navigation project, and the Coast of California Storm and Tidal Waves Study. Following is a representative listing of related projects that the BonTerra Consulting project team has worked on. Client contacts are also provided for reference. BONTERRA CONSULTING East Garden Grove— Wintersburg Channel Phase 1 Improvement Project (2007) The project is a 5,462-foot-long project site located in the City of Huntington Beach, Orange County, California (between stations 47+40 and 102+02) and involves flood control improvements in the California Coastal Zone to the East Garden Grove — Wintersburg Channel Phase 1. The developed areas surrounding this channel reach have been characterized by the County as having the potential for "Katrina”-like damages should a 100-year storm event occur. BonTerra Consulting prepared a Jurisdiction Delineation for the Phase 1 Improvement Project that served as the basis for the preparation of regulatory permits requesting authorization from the USACE (Section 10 of the Rivers and Harbors Act), CDFG (Section 1600 of the Fish and Game Code), RWQCB (Section 401 Water Quality Certification), and the California Coastal Commission (Coastal Development Permit). BonTerra Consulting is currently processing the regulatory permits for this project; construction is anticipated to begin in April 2008 and be completed in April 2009. BonTerra Consulting Page 9 ♦- ' •3;`•�y Sea!Beach East Beach Sand Nourishment Project Environmental Review Documentation BonTerra Consulting also prepared an Addendum to Final ER 560 for the East Garden Grove — Wintersburg Channel Improvement Project (C05/C06) to address the minor modifications to the channel construction methods within the Phase 1 project area that included the use of Fiber Reinforced Polymer (FRP) sheet pile instead of coated steel sheet pile construction element. This construction material was determined to be lighter and require less energy to produce and install. Contact: Nardy Khan, County of Orange, Supervising Engineer/Regulatory Services Phone: (714) 834-2340 Caltrans — Anaheim Bay Bridge Rock Slope Protection Maintenance Project Jurisdictional Delineation (2005) ' BonTerra Consulting prepared a Jurisdictional Delineation for the Anaheim Bay Bridge rock slope projection maintenance project. The delineation identified the limits of both State and federal jurisdictional wetlands and/or waters as defined by the USACE under Section 404 of the Federal Clean Water Act and the California Coastal Commission pursuant to California Code of Regulations (CCR) 14 CCR 13577 as a baseline for use in determining impacts to jurisdictional wetlands that would result from the implementation of this maintenance project. The project involves the restoration of bridge abutments and roadway embankments at Anaheim Bay Bridge and State Route 1, Pacific Coast Highway in Seal Beach, Orange County, California. The delineation also assessed impacts associated with the installation of native landscaping and improvements to existing drainage facilities. This maintenance project will involve both temporary and permanent impacts to resources under the jurisdiction of the USAGE and will occur within the coastal zone in areas regulated by the California Coastal Act or 1976 (CCA) and the federal Coastal Zone Management Act (CZMA). The delineation served as baseline documentation required by Caltrans to obtain regulatory permits authorizations from the USACE and Coastal Commission prior to the commencement of project construction. Client: Smita Deshpande, Caltrans Phone: (949) 724-2245 Integrated Resources Plan, CHCDM for the City of Los Angeles (2005) BonTerra Consulting led elements of the team in the development of the EIR for the Integrated Resources Plan (IRP)-in the City of Los Angeles. The IRP is -a facilities plan that addresses regional wastewater facility requirements of the City in the year 2020, while integrating future recycled water and urban runoff needs. The IRP views the wastewater system, the runoff system, and the recycled water systems as. a whole, providing various alternatives for addressing future demand. IRP facilities and associated environmental impact analyses extended from inland locations near the northern and eastern City borders to coastal and estuarine sites at Ballona Creek and west Los Angeles. Coastal and marine analyses were conducted in the assessment of program and project impacts to nearshore biological communities. The IRP EIR provided project level environmental clearance under CEQA for the well-defined facilities, and programmatic level clearance for the conceptually defined facilities and features. BonTerra coordinated preparation of the impact assessment and EIR report sections for biological and paleontological resources. Technical report appendices were produced for these resource categories as well.- BonTerra also coordinated with other public agencies with jurisdictional authority over the IRP alternative elements, including the U.S. Fish and Wildlife Service. BonTerra Consulting Page 10 LaA111pe.,"a • • E;�{j , Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation Client: Elizabeth Cutler, CH2M Hill, Inc. Phone: (714) 435-6370 Orange County On-Call Contract Services —Various County Projects (2002 to present) BonTerra Consulting has provided environmental, biological, and regulatory services on an as- needed basis for various public works projects as part of County "On-Call" contracts, including: • Completion of Categorical Exemption and Regulatory Permitting for the Aliso Creek Outlet Project. • Completion of Categorical Exemptions for maintenance of various ocean outlet facilities within Orange County, including: (1) Prima Deshecha Outlet at Poche Beach, (2) Capistrano Beach Outlets 1 and 2; (3) North Doheny Creek Outlet; (4) Salt Creek Outlet; (5) Segunda Deshecha Outlet (MO2); and (6) Santa Ana River Ocean Outlet (E01). • Completion of White Paper for Santa Ana River and Talbert ocean outlets which addressed the restoration of the Talbert least tern colony and the relationship of this to ongoing maintenance activities. The White Paper also addressed the regulatory requirements for the least tern colony restoration site. • Completion of biological surveys for Aliso and Wood Canyons Regional Park. • Completion of Regulatory Permitting for Huntington Beach Channel. Contact: Chris Kubasek, County of Orange, Manager/Regulatory Services Phone: (714) 834-3471 BonTerra Consulting is currently involved in the completion of the following projects under this contract: • Various tasks associated with the East Garden Grove —Wintersburg Channel (described above). • Biological Technical Report for the San Diego Creek Vegetation Management Plan including surveys for the least Bell's vireo and California gnatcatcher. • San Diego Creek Vegetation Management biological monitoring.; • Pre-Construction Nesting Bird Surveys for Santiago Canyon Road Bridge Improvement Project. • Archeological/Paleontological Construction Monitoring for the O'Neill Regional Park Sewer Line Repair Project. • Archeological Report for Los Alamitos Pump Station. • Amendment to Coastal Development Permit for Los Alamitos Pump Station. Contact: Nardy Khan, County of Orange, Supervising Engineer/Regulatory Services Phone: (714) 834-2340 Orange County On-Call Services — Harbors, Beaches and Parks FEMA Repair Projects BonTerra Consulting was awarded an "On-Call" contract with the County of Orange/Resources and Development Management Department in early 2007 to provide biological, environmental, and regulatory services adequate to obtain regulatory permits for repairs to various regional park facilities within the Aliso and Wood Canyons Regional Park and O'Neill Regional Park damaged during the 2005 rainy season. The County of Orange applied for Federal Emergency Management Admihistration (FEMA) funds to address the repairs, which require the preparation of CEQA documentation, biological surveys, and regulatory permitting (including a Coastal BonTerra Consulting Page 11 nllA • • \ - �Y-:]it Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation Development Permit for work within the coastal zone within Aliso and Wood Canyons Regional Park). Contact: Rory Paster, County of Orange, Regulatory Services Phone: (714) 834-3739 • • • COASTAL RESOURCES MANAGEMENT, INC. City of San Clemente North Beach Project (2005-2006) Coastal Resources Management, Inc. conducted pre-and-post beach nourishment subtidal monitoring surveys for the San Clemente Beach Nourishment Project conducted in late spring and summer "2005. The studies were conducted under subcontract to Moffatt & Nichol Engineers. The purpose of the project was to determine the effects of beach replenishment and potential sand migration offshore on-subtidal marine resources of North San Clemente. The first sand nourishment project occurred from June 13 through 16, 2005. The project consisted of trucking approximately 5,000 cy of sand from the Lower Santa Ana River and placing it onto North Beach. The fill was placed as a narrow band along the landward portion of the beach above the swash zone, or visible area, of active wave run-up. CRM conducted subtidal dive surveys along 6 transects varying in length between 1,663 ft to 2,092 ft (507 to 660 meters) set perpendicular to the shoreline. Each transect line crossed designated depth contours, and extended from the 20-foot isobath into the 6- to 8-foot isobath where feasible. CRM evaluated the pre- and-post sedimentological and biological conditions and found no significant differences in sediment grain sizes or any identifiable impacts to marine biological resources. Contact: Chris Web, Moffatt & Nichol Engineers Phone: (562) 426-9551 Marine Biological Impact Assessment for the Seal Beach Pier Rehabilitation Project (2004) The purpose of this report was to identify local habitats and marine resources in the project area, evaluate potential impacts of groin rehabilitation on these resources, and propose appropriate Best Management Practices and mitigation measures to avoid, reduce, or compensate for potentially significant impacts on marine resources due to groin repair. This report was based upon on an intertidal site field investigation conducted by CRM on October 14, 2004, and a subtidal survey conducted by CRM on November 5, 2004. In addition, CRM reviewed and integrated applicable literature for the project area in defining baseline marine biological conditions for the area. Contact: Russ Boudreau, Moffatt &Nichol Engineers Phone: (562) 426-9551 • BonTerra Consulting - Page 12 • • 0 i:_;* Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation E. CONSULTANT TEAM • BONTERRA CONSULTING The BonTerra Consulting team for the proposed project includes senior environmental planning professionals that are among the most experienced consultants in southern California. The assigned team members have exemplary performance records on various types of projects and have the expertise needed to complete the environmental documentation for the East Beach Sand Nourishment Project in a cost- and time-efficient manner. Following is the names of these individuals, their responsibilities, and a summary of their qualifications. Additional details regarding these individuals and their qualifications are provided in the Appendix A. • Christina L. Andersen, Principal-in-Charge — Ms. Andersen is a Principal in the Environmental Services Department and has almost 20 years experience in the preparation of various types of environmental documentation pursuant to the CEQA and National Environmental Policy Act (NEPA). She will be responsible for Quality Assurance tasks, including review of documents before they are submitted to the City. Ms. Andersen will work closely with the Project Manager to ensure that the environmental documentation meets the needs of the City for this project. • Pamela G. Castens, Senior Project Manager Ms. Castens is a Senior Project Manager with BonTerra Consulting and will serve as the Project Manager for the East Beach Sand Nourishment Project. She will also serve as the appointed representative for this project and primary contact for the City. She will oversee the preparation of the I S/MND, and will be responsible for day-to-day project management activities. Prior to joining BonTerra Consulting, Ms. Castens was the Section Chief for the USAGE, LA District, Ecosystem Planning section for ten years (from 1993 through 2001) and was responsible for compliance on all LA District coastal and marine planning as well as construction efforts from Morro Bay to the Mexican border. Surfside-Sunset Beach Stage 10 was implemented as part of Ms. Castens's technical responsibilities. • Gary A. Medeiros, Associate Principal — Mr. Medeiros has extensive experience in preparing environmental documents for public works projects and assisting clients in obtaining regulatory permits. Specifically, Mr. Medeiros has been actively involved in providing these services for the County of Orange for various projects involving the construction and maintenance of coastal drainage facilities. Mr. Medeiros will be responsible for technical analysis related to document adequacy for resources agency application, with a view toward permit acquisition. Mr. Medeiros is also the alternate representative to Ms. Castens. • Julie A. Cho, Project Manager — Ms. Cho will be responsible for preparing the IS/MND. With the exception of the analysis of potential impacts related to marine resources, biological resources, and air quality (to be conducted by others), she will complete the assessment of remaining technical environmental issues and will address the project's consistency with related planning programs, including the City of Seal Beach General Plan and Local Coastal Program and the California Coastal Act. She will also be responsible for incorporating others' technical analyses prepared into the IS/MND. • Samuel C. Stewart, Project Manager — Mr. Stewart will be responsible for completing the assessment of potential construction-related air quality impacts BonTerra Consulting • Page 13 4".3. • • Ott.J� '3 Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation resulting from project implementation. Mr. Stewart has provided these services on various projects (specifically smaller projects) that require an assessment of air quality impacts pursuant to SCAQMD's Local Significance Thresholds. COASTAL RESOURCES MANAGEMENT, INC. As a subconsultant to BonTerra Consulting, Coastal Resources Management (CRM) will develop the baseline for marine resources and prepare an impact assessment of marine resources. • Robert (Rick) Ware, Senior Marine Biologist — Mr. Ware is a principal of CRM with 30 years of experience in the marine resources consulting field. He has participated in environmental studies along the West Coast of United States, Alaska, Hawaii, Palau, Fiji, and the British Virgin Islands. Mr. Ware has performed and managed environmental projects related to marina-and harbor development, shoreline protection structures, hotel resorts, public recreation facilities, offshore and onshore oil and gas facilities construction and abandonment (platforms, pipelines, processing plants, and oil spill contingency plans), liquefied natural gas (LNG) facilities, dredging operations, protection of Marine Protected Areas (MPAs), and wetland and marine habitat restoration. A certified SCUBA diver (NAUI, 1970), he has accumulated over 1,800 dives investigating underwater communities at depths to 150 feet in bays and nearshore coastal habitats to depths of 80 feet, For the proposed project, Mr. Ware will be responsible assessing potential impacts of beach nourishment on marine water quality and marine biological resources. • BonTerra Consulting Page 14 ;a'ng • • Seal Beach East Beach Sand Nourishment Project Environmental Review Documentation F. FEE ESTIMATE Following are BonTerra Consulting's estimated fees for preparing the IS/MND for the East Beach Sand Nourishment Project and technical analyses as identified in the Scope of Work. This work effort will be performed on a fixed-fee basis. TASK FEES BonTerra Consulting Professional Fees 1. Project Initiation $ 810.00 . 2. Prepare Environmental Documentation 2.1 Prepare Screencheck Draft IS/MND 7,120.00 2.2 Prepare IS/MND for Distribution 3,110.00 . 2.3 Responses to Comments 1,590.00 2.4 Notice of Determination 460.00 3. Mitigation Monitoring and Reporting Program 1,090.00 4. Project Management/Meetings 3.050.00 Subtotal Professional Fees $17,230.00 Subconsultant Fees Coastal Resources Management, Inc. $ 9,601.36 Administrative Fee 960.00 Subtotal Subconsultant Fees $10,561.36 Estimated Direct Costs Reproduction $ 1,500.00 In-House Reproduction/Mapping 500.00 Deliveries/Mileage/Misc. 150.00 Subtotal Direct Costs (to be billed at cost plus ten percent) $ 2,150.00 TOTAL FEE ESTIMATE $29,941.36 Optional Task(CRM) Pipeline Corridor Survey (Caulerpa) $ 4,758.76 BonTerra Consulting Page 15 APPENDIX A RESUMES • • aeNer CONSULTING CHRISTINA L. ANDERSEN PRINCIPAL OF ENVIRONMENTAL SERVICES Bachelor of Arts, Social Ecology University of California, Irvine, 1988 Years of Experience: 19 Years with firm: 11 Christina Andersen has 19 years of experience in the preparation and management of environmental compliance documents pursuant to California Environmental Quality Act (CEQA) and National Environmental Polley Act (NEPA). Ms. Andersen has managed and prepared Mitigated Negative Declarations (MNDs) and Environmental Impact Reports (EIRs) for master planned residential communities; mixed-used developments; urban in-fill development; transportation and other infrastructure projects; public facilities; and recreation facilities. Ms. Andersen has been responsible for client liaison; job-costing; budget and subcontract administration; personnel supervision; technical review; and all aspects of quality control and contract fulfillment for federal, State, and local government agencies as well as private sector clients. She has worked on projects throughout the Southern California, including Orange, Riverside; Los Angeles, San Bernardino, and San Diego counties. Representative Project Experience: , Buena Park Mixed-Use Specific Plan Project, Environmental Impact Report, Buena Park, CA. Ms. Andersen is currently serving as the Principal-in-charge for the preparation of an EIR .• for a mixed-use•development project in the City of Buena Park. A Specific Plan will be prepared for the project. The project site encompasses approximately 13 acres and is bound by Beach Boulevard to the west, Orangethorpe Avenue to the south, Brenner Avenue to the east, and • Melrose Street to the north. The proposed project involves the development of multiple high-rise residential structures as well as retail and potential office uses. Key environmental issues to be addressed .in the EIR include: land use (including compatibility with existing residential uses); .• traffic; hydrological and geotechnical issues associated with a high groundwater table; airport compatibility; noise and hazardous materials. • Client: City of Buena Park, 2007 • • Majestic , Hills Specific. Plan Project, Environmental Impact Report. Hesperia, CA. • Ms. Andersen is currently serving as the Project Manager for an approximate 1,550-acre Specific Plan project in the southern portion of the City of Hesperia. The proposed project involves annexation of approximately 1,250 acres into the City. Proposed uses include: residential, commercial, industrial, public infrastructure, and open space. The project site is . located south of the Hesperia Airport and is traversed by the California Aqueduct, SCE easements, and a high-pressure natural gas line. Key environmental issues to be addressed in the EIR include: land use, aesthetics, biological resources, hydrology/water quality, hazards, traffic, air quality, noise, and cultural resources. The project also involves improvements within Caltrans's right-of-way and the EIR will be used as the environmental documentation for an encroachment from Caltrans. Client: SunCal Companies, 2006—present Laguna Canyon Reservoir, Initial Study/Mitigated Negative Declaration, Irvine, CA. Ms. Andersen served as the Project Manager for the preparation of an IS/MND for the Laguna Canyon Reservoir Replacement Project. The proposed project involved the removal of the dam and reservoir and re-establishment of open channel drainage to allow continued conveyance of stormwater flow through the project site. Similar to existing conditions, the drainage channel is • • CONSULTING CHRISTINA L. ANDERSEN Page 2 intended to convey low flows and minor storm flows through the project site. In addition to establishing a natural drainage system through the project area, removal of the dam would effectively eliminate the threat of floodwater inundation related to dam failure. Key environmental issues addressed include: hydrology/drainage, biological resources, and geology/soils. • Client: The Irvine Company, 2006 Orange County On-Call Contract Services — Various County Projects (2002 to present), Orange County, CA. Ms: Andersen served as the Project Manager for various public works projects performed as part of a County On-call contract, including: • Completion of Categorical Exemption and Regulatory Permitting for the Aliso Creek Outlet Project; • Completion of Categorical Exemptions for maintenance of various ocean outlet facilities within Orange County, including: (1) Prima Deshecha Outlet at Poche Beach; (2) Capistrano Beach Outlets 1 and 2; (3) North Doheny Creek Outlet; (4) Salt Creek Outlet; (5) Segunda Deshecha Outlet (M02); and (6) the Santa •Ana River Ocean Outlet (E01); • • White Paper for Santa Ana River and Talbert ocean outlets which addressed the restoration of the Talbert least tern colony and the relationship of this to ongoing maintenance activities. The White Paper also addressed the regulatory requirements for the least tern colony restoration site. Client: County of Orange Resource and Development Management Department, 2003 Newport Coast Planned Community, Environmental Impact Report, County of Orange, CA. Ms. Andersen served as an extension of County staff to provide CEQA support for the processing of two EIRs for The Irvine Company's Newport Coast Planned Community. The EIRs for two phases of development: Phase IV-2 and IV-3/-4 include residential, tourist, commercial, and recreational uses. The Phase IV-2 project involves an amendment to the Master Coastal Development Permit (MCDP) consistent with modifications implemented with the Second Amendment to the Local Coastal Program (LCP). Phases IV-3 and IV-4 involve an expansion of the MCDP boundary and incorporation of provisions from the Second Amendment to the LCP. BonTerra's responsibilities include review of CEQA documents prepared by the environmental consultant, assistance in preparing necessary notices and processing of the documents, and coordination with project team members and County staff. Client: County of Orange Planning and Development Services, 1997-1998 Ritz Pointe, Initial Study/Mitigated Negative Declaration, City of Dana Point, CA. Ms. Andersen served as Project Manager for the preparation of an MND for the Ritz Pointe residential development in the City of Dana Point. The project includes 65 detached single- family residential dwelling units on an approximate 15.9-acre site (4.1 lots per acre). The project site is within the coastal zone and required a coastal development permit. Key environmental issues addressed in the MND include: visual changes from surrounding residential areas and scenic highways (including Pacific Coast Highway); traffic;.and land use compatibility. Client: Capital Pacific Holdings, LLC, 1998 • • C O N S U L T I N G PAMELA G. CASTENS SENIOR PROJECT MANAGER Masters, Physical Geography University of California, Los Angeles, 1988 Bachelor of Arts, Geography/International Relations Bucknell University, Lewisburg, PA, 1983 Years of Experience: 23 Years with Firm: 4 Pamela Castens is a physical geographer and environmental planner/manager with 23 years of diverse experience. Ms. Castens' professional responsibilities have included project management for coastal and inland water resource projects, preparation of complex planning documents for public interests, and development of environmental compliance documents including EAs, MNDs and EIS/EIRs. She is professionally trained in geomorphology and environmental analyses and is intimately familiar with environmental compliance requirements for the USACE's construction program, local sponsor partnering, environmental laws and statutes, and federal planning regulations and procedures. Her specialties include CEQA and NEPA compliance; resource agency coordination; and issue resolution, problem identification/plan formulation, environmental restoration and incremental analysis of project alternatives. These specialties are coupled with established experience in both terrestrial and coastal environmental analysis involving leadership of multi-disciplinary teams on complex environmental restoration efforts (design and implementation) and inter-agency program planning. In her former position as Chief of Ecosystem Planning Section at the USAGE LA District for ten years, Ms. Castens was responsible for compliance documentation for Surfside-Sunset Stage 10, and many federal beach nourishment efforts extending from Redondo Beach through San Diego. Related Project Experience: Environmental Compliance Surfside-Sunset Beach Nourishment Project, Orange County, CA. As Chief of Ecosystem Planning Section, Ms. Castens completed all environmental compliance requirements for Stage 10 of the Surfside-Sunset Beach Nourishment Project. Products included the supplemental EAs needed to support federal acquisition of material from offshore borrow sites, and deposition of the material, as required, at Surfside Colony Employer: U.S. Army Corps of Engineers, Los Angeles District, 1992-2001 Environmental Compliance for the Ports of Los Angeles and Long Beach, CA. As Chief of Ecosystem Planning Section, Ms. Castens completed all environmental compliance requirements for the Deep-Draft Navigation projects at the Ports of Los Angeles and Long Beach. She managed and led her team in Endangered species coordination; compliance for emergency construction design changes; as well as overall project planning and design. Products included EAs, EIS/EIR and supplements, Biological Assessments, 404(b)(1) analyses, and mitigation documentation and agency coordination. Employer: U.S. Army Corps of Engineers, Los Angeles District, 1992-2001 On-Call Environmental Services Contract, Metropolitan Water District, Southern • California Region. Ms. Castens is currently Project Manager for the On-call environmental services contract of the Metropolitan Water District within southern California. Her responsibilities include: developing technical task order scopes and budgets; resource allocation;QA review; and managing multiple and overlapping task order schedules. Client: Metropolitan Water District, 2007—present • • • .0cezlerrect PAMELA G. CASTENS CONSULTING Page 2 Talbert Lake Water Quality Improvement Project, Mitigated Negative Declaration, Huntington Beach, CA. Ms. Castens is the Project Manager for the Talbert Lakes MND, which involves formulation of a constructed wetlands project for water quality improvement of dry weather flows from the East Garden Grove-Wintersbdrg Flood Control Channel. Project issues include assessment of impacts to Endangered species, minimization of impacts to recreational resources, resource agency coordination and permitting, and TMDL compliance. Client: PACE (for the City of Huntington Beach), 2007—present Irby Park Water Quality Improvement Project, Mitigated Negative Declaration, Huntington Beach, CA. Ms. Castens is the Project Manager for the Irby Park MND, which is one of three grant-funded water quality improvement projects being implemented by the City of Huntington Beach. Environmental compliance will handle issues of groundwater recharge, hydrologic effects on surrounding residences, and water quality improvement parameters. Client: WorleyParsons-Komex, 2007—present USACE Training, Los Angeles District, CA. Ms. Castens was the Project Manager for the Environmental Compliance Training for the USACE, Los Angeles District. She provided a series of training classes for Los Angeles District Planning Division staff cm NEPA/CEQA project • compliance, and the application of Corps planning guidance documentation to Planning Division products. Client: U.S. Army Corps of Engineers, 2006 City of Los Angeles Integrated Resources Plan, Biology and Paleontology, Los Angeles County, CA. Ms. Castens assisted in providing environmental planning services to the team preparing the project EIR for the City of Los Angeles's Integrated Resources Plan (IRP). Specifically, Ms. Castens oversaw project- and programmatic-level biological and paleontological analyses for all IRP components extending from the inland reaches of the City of Los Angeles, throughout the LA River corridor, and into the marine environment of San Pedro Bay. IRP is a facilities plan that addresses city-wide wastewater facilities needed in the year 2020, while integrating future recycled water and urban runoff needs. Client: CH2MHill for the City of Los Angeles, 2005-2006 Prima Deshecha Landfill General Development Plan Amendment Supplemental Environmental Impact Report (EIR), Regulatory Planning and Habitat Restoration Services, Southeast Orange County, CA. Ms. Castens managed an interdisciplinary technical • team in completion of a supplemental EIR addressing modifications to the approved General Development Plan at the Prima Deshecha Landfill site in southern Orange County. Compliance responsibilities involved extensive resource agency coordination, environmental restoration plan formulation, modification of an existing General Development Plan, long-term site planning, and integration of County of Orange land use requirements with regional habitat planning efforts. Client: Orange County Integrated Management District, 2004-2007 • • sir,t,tderhi CONSULTING GARY A. MEDEIROS ASSOCIATE PRINCIPAL, REGULATORY SERVICES Certificates, Environmental Science Research Institute GIS Application Software, 1993 U.S. Army Corps Jurisdictional Delineation & Regulatory Permitting, 1996 Bachelor of Arts, Social Ecology, 1978 University of California, Irvine Years of Experience: 26 Years with firm: 6 Gary Medeiros has over 26 years of experience in natural resources and policy planning. Prior to joining BonTerra Consulting, Mr. Medeiros held various positions of responsibility with the Orange County Planning and Development Services Department (Planning Department), Environmental Management Agency, and Harbors, Beaches and Parks Program Office. During the last seven years of County service, Mr. Medeiros designed and managed the Geographic Information System, Conservation/Resources Planning and Regulatory Permitting, and Biological Monitoring Sections within County Planning and Development Services Department for the Public Facilities and Resources Department. The following includes recent project experience since joining BonTerra Consulting, as well as representative project experience while at the County of Orange. Related Project Experience: East Garden Grove — Wintersburg Channel Phase 1 Improvement Project, County of Orange, CA. Mr. Medeiros assisted the County of Orange, Resources and Development Services Department in the identification of wetlands and waters resources under the jurisdiction of the USAGE and CDFG for the East Garden Grove —Wintersburg Channel (C05) Phase 1 Channel Improvement project. The Jurisdictional Delineation identified the extent of jurisdictional "waters of the U.S.," including wetlands (if present), located within the boundaries of the proposed project pursuant to the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual:Arid West Region, December 2006, and other USAGE documents. Mr. Medeiros also prepared a permit application requesting regulatory authorization from the CFDF (Section 1602 of California Fish and Game Code), USACE (Section 404 of Clean Water Act), RWQCB Water Quality Certification (Section 401 of the Clean Water Act), and California Coastal Commission coastal development permit (California Coastal Act). Client: County of Orange/Resources and Development Management Department, 2007 Huntington Beach Channel Improvement Project, Huntington Beach, CA. Mr. Medeiros assisted the County of Orange in obtaining the necessary State and federal resource agency permit authorizations needed to implement the improvements from Indianapolis Avenue to Adams Avenue in the City of Huntington Beach. He successfully worked through the issues with the agencies that lead to the issuance of these essential permits. Mr. Medeiros was also able to convince the agencies that the project was "self mitigating" as part of project design which included increased open water habitat. Client: RBF Consulting for the County of Orange, 2001 Orange County On-Call Contract Services — Various County Projects BonTerra Consulting was awarded an On-call contract with the County of Orange/Resources and Development Management Department (RDMD) in late 2006 to provide environmental, biological, and regulatory services on an as-needed basis for various public works projects. BonTerra Consulting is completing the following projects under this contract: • • • CONSULTING GARY A. MEDEIROS Page 2 • Addendum to BR 560 for East-Garden Grove — Wintersburg Channel Phase 1 Channel Improvement Project; • Jurisdiction Delineation for the East-Garden Grove — Wintersburg Channel Phase 1 Channel Improvement Project; • Regulatory permitting for the East-Garden Grove — Wintersburg Channel Phase 1 Channel Improvement Project including a Coastal Development Permit; • Biological Technical Report for the San Diego Creek Vegetation Management Plan including surveys for the least Bell's vireo and California gnatcatcher; • San Diego Creek Vegetation Management biological monitoring; • Pre-Construction Nesting Bird Surveys for Santiago Canyon Road Bridge Improvement Project; • Archeological/Paleontological Construction Monitoring for the O'Neill Regional Park Sewer Line Repair Project; • • Archeological Report for Los Alamitos Pump Station; • Amendment to Coastal Development Permit for Los Alamitos Pump Station. Client: County of Orange/Resources and Development Department: 2007 Orange County On-Call Services — Harbors, Beaches and Parks FEMA Repair Projects. BonTerra Consulting was awarded an On-call contract with the County of Orange/Resources and Development Management Department in early 2007 to provide biological, environmental, and regulatory services adequate to obtain regulatory permits for repairs to various regional park facilities within the Aliso and Wood Canyons Regional Park and O'Neill Regional Park damaged during the 2005 rainy season. The County of Orange applied for FEMA funds to address the repairs which require the preparation of CEQA documentation, biological surveys, and regulatory permitting including a Coastal Development Permit for work within the coastal zone within Aliso and Wood Canyons Regional Park. Client: County of Orange/Resources and Development Department: 2007—present Caltrans — Anaheim Bay Bridge Rock Slope Protection Maintenance Project Jurisdictional Delineation. BonTerra Consulting prepared a Jurisdictional Delineation to for the Anaheim Bay Bridge rock slope projection maintenance project. The delineation identified . the limits of both State and federal jurisdictional wetlands and/or waters as defined by the USACE under Section 404 of the Federal Clean Water Act and the California Coastal Commission pursuant to California Code of Regulations (CCR) 14 CCR 13577, as a baseline for use in determining impacts to jurisdictional wetlands that would result from the implementation of this maintenance project. The project involves the restoration of bridge abutments and roadway embankments at Anaheim Bay Bridge and Route 1, Pacific Coast Highway in Seal Beach, Orange County, California. The delineation also assessed impacts associated with the installation of native landscaping and improvements to existing drainage facilities. This maintenance project will involve both temporary and permanent impacts to resources under the jurisdiction of the USACE and will occur within the coastal zone in areas regulated by the California Coastal Act of 1976 (CCA) and the federal Coastal Zone Management Act (CZMA). The delineation served as baseline documentation required by Caltrans to obtain regulatory permits authorizations from the USACE and Coastal Commission prior to the commencement of project construction. Client: Caltrans, 2007 • • aOttielrel JULIE A. CHO C O N S U L T I N G - PROJECT MANAGER Masters, Business Administration University of California, Irvine, 2000 Masters, Urban and Regional Planning University of California, Irvine, 1995 • Bachelor of Arts, Social Ecology University of California, Irvine, 1993 Years of Experience: 13 Years with Firm: 5 Julie Cho has 13 years of experience in preparation and management of environmental compliance documents pursuant to CEQA and NEPA. Ms. Cho has worked on projects for both private and public. sector clients. Ms. Cho has managed and prepared environmental documents, including EIRs, ISs, Negative Declarations (NDs), and EAs fora variety of projects including residential, transportation, and mixed uses. Her expertise in technical sections includes land use, aesthetics and alternatives analyses. Related Project Experience: Ontario Dry-Year Yield Well Head Treatment Facility Project Initial Study/Findings of Consistency Analysis, City of Ontario, CA. Ms. Cho served as the Project Manager for the preparation of'an Initial Study and Findings of Consistency for the Ontario Dry-Year Yield Well Head Treatment Facility project. The project included construction of a new ion-exchange treatment system, one new well, as well as equipping an existing well and associated pipelines within and surrounding John R. Galvin Park in the City of Ontario. Key environmental issues included visual/aesthetics, operational noise impacts, and short-term construction impacts. Client: Carollo Engineers, 2005-2006 Mountain Park Specific Plan Amendment Environmental Impact Report, City of Anaheim, CA. Ms. Cho assisted in the preparation of the Environmental Impact Report for the proposed Mountain Park Specific Plan project located in the City of Anaheim and unincorporated Orange County within the City of Anaheim's sphere of influence. The project involved the development of approximately 2,500 residential units, an elementary school site, public and private recreational facilities, a City fire station, and infrastructure on a 3,001-acre site in the eastern • portion of the City. Key environmental issues addressed in the Environmental Impact Report included biological resources, land use, traffic; hydrology/water quality, aesthetics, and the provision of public utilities. Ms. Cho was responsible for the aesthetics/visual resources impact analysis that included evaluation of 25 visual simulations from various vantage points surrounding the project site. The analysis included a discussion of affected views from public and private vantage points, potential light and glare impacts, and visual impacts resulting from earthwork. Client: The Irvine Company, 2002-2005 San Diego Creek Natural Treatment System Plan Environmental Impact Report, Irvine, CA. Ms. Cho was the Assistant Project Manager for the San Diego Creek Natural Treatment System Plan Environmental Impact Report. The Natural Treatment System (NTS) Plan included 31 constructed water quality treatment wetlands that will assist in managing the quality and • • O/Ile/'r JULIE A. CHO CONSULTING Page 2 surface runoff within the San Diego Creek Watershed and also within a portion of the Santiago Creek Watershed. • Client: Irvine Ranch Water District, 2001-2004 Black Bench Specific Plan, Environmental Impact Report, City of Banning, CA. Ms. Cho served as the Assistant Project Manager for the preparation of an EIR for the Black Bench Specific Plan project in the City of Banning. The project involved the development of approximately 1,500 residential uses, an elementary school site, and recreational facilities on an approximate 1,500-acre project site.. Key environmental issues included: biological resources, land use, traffic/access, hydrology/water quality, and aesthetics. Ms. Cho was responsible for preparing several sections of the EIR, including the aesthetics impact analysis for six vantage points. Ms. Cho was also responsible for overall document production and client coordination. Client: SunCal Companies, 2003-2006 • Pelican Hill Resort Supplemental Environmental Impact Report, City of Newport Beach, CA. Ms. Cho served as the Assistant Project Manager for the Pelican Hill Resort Supplemental Environmental Impact Report which included a new Golf Clubhouse, Inn, Lower Casitas, and Upper Casitas. Primary issues included noise at adjacent residences; water quality issues, (especially in Crystal Cove); and aesthetic impacts to adjacent homeowners. Although located in the City of Newport Beach, the project was processed through the County of Orange based on a Memorandum of Understanding (MOU) signed by all parties. Ms. Cho was responsible for the aesthetics/visual resources impact analysis that included evaluation of eight visual simulations using a methodology based on the Bureau of Land Management visual assessment ' methodology, The analysis included a discussion of affected views from public vantage points, potential light and glare impacts, and visual impacts resulting from earthwork. Ms. Cho also focused her efforts on overall project coordination. Client: The Irvine Company, 2004 Concourse Park Initial Study/Mitigated Negative Declaration, Lake Forest, CA. While with another consulting firm, Ms. Cho was the Project Manager for the Concourse Park Initial Study/Mitigated Negative Declaration located in the City of Lake Forest. Key issues included land use compatibility with the surrounding neighborhood, impacts to wetlands, and noise • impacts. Client: City of Lake Forest, 2000 • • Laguna Canyon Road(State Route 133) Environmental Assessment, Orange County, CA- While with another consulting firm, Ms. Cho served as the Assistant Project Manager for the Laguna Canyon Road (State Route 133) EA. The purpose of the project was to widen and realign Laguna Canyon Road from Interstate 405 to the San Joaquin Hills Transportation Corridor. Key issues included loss of coastal sage scrub habitat, noise and air quality impacts, visual/aesthetics, and land use compatibility with a surrounding senior residential community. Client: County of Orange, 2000 • • 0onletter C O N S U L T I N G SAMUEL C. STEWART IV " PROJECT MANAGER Bachelor of Arts, Environmental Analysis & Design University of California, Irvine, 1998 Years of Experience: 9 Years with Firm: 7 Samuel Stewart is a Project Manager and Environmental/Biological Analyst with nine years of experience in CEQA and NEPA analysis and document preparation. Mr. Stewart has prepared a variety of environmental documents including Biological Technical Reports, Natural Environment Studies, Environmental Impact Statements (EIS), EIRs, Supplemental EIRs, joint EIR/EIS, EAs,- ISs, and MNDs. Mr. Stewart has prepared air quality analyses for a variety of project types and is experienced in emissions quantification procedures in the CEQA Air Quality Handbook and associated air quality models and methodologies including URBEMIS 2007, Road Construction Model Version 5.2, and the Localized Significance Threshold (LST) Methodology: Additionally, Mr: Stewart has conducted a wide range of biological studies, including biological constraints analyses, focused surveys for "special status" wildlife species, nesting bird surveys, fish and aquatic macro invertebrate sampling, wildlife relocation and long- term monitoring. Mr. Stewart has experience preparing all sections of CEQA and NEPA documents and specializes in technical sections, including air quality, biological resources, and geology. Related Project Experience: Talbert Lake Diversion Project, Huntington Beach, CA. The Talbert Lake Diversion Project will divert up to 3 million gallons per day of dry weather urban runoff from the regional East Garden.Grove Wintersburg Channel (EGGWC) through pre-treatment devices and into approximately 15-acres of natural treatment ponds in Huntington Central Park. The project design will include several phases of treatment intended to maximize pollutant removal by subjecting the flow to various processes. Following treatment, water will be used to rehabilitate Talbert Lake and recharge the groundwater aquifer in the project vicinity. . Issues for the project include impacts to biological resources, including breeding and migrant bird populations and short-term air quality impacts to adjacent residential uses. Mr. Stewart prepared the Localized Significance Threshold (LST) analysis as well as traffic, noise, and air quality sections of the IS/ND. • Client: Pace Engineering, 2007—present Ronald Reagan Sports Park, Temecula, CA. The Ronald -Reagan Sports Park project consists of maintenance activities (including drainage and sediment removal) for a large desilting basin in Ronald Reagan Sports Park, Temecula. Issues for the project include impacts to biological resources and short-term air quality impacts to adjacent residential uses. Mr. Stewart-prepared the LST analysis and air quality section of the IS/ND. Client: City of Temecula, 2007—present Cook Street Roadway Widening, Palm Desert, CA. Mr. Stewart serves as the Project Manager and preparer of an IS/ND for the proposed widening of Cook Street in the City of Palm Desert, Riverside County, California. Mr. Stewart also prepared the air quality analysis for the proposed project using the Road Construction Emissions Model Version 5.2 and LST analysis developed by the Air Quality Management District. Other issues include noise impacts of roadway proximity to sensitive receptors as well as land use and planning acezIerew SAMUEL C. STEW ART IV C O N S U L T I N G Page 2 impacts of general plan inconsistency due to lack of right-of-way to provide for Class I bike lanes per general plan requirements. Client: City of Palm Desert, 2006—present Initial Study and Mitigated Negative Declaration, Palm Springs, CA. Mr. Stewart serves as Project Manager and preparer of the IS and MND for the Four Seasons Residential project in the City of Palm Springs, Riverside County, California. The project involves the construction of a retirement community with detached single-family units. Issues included potentially significant impacts to hydrology, traffic, and endangered species. Mr. Stewart prepared the air quality analysis for the project using the Urbemis 2002 software developed by the California Air Resources.Board (GARB) to calculate the construction and long-term air quality emissions from the proposed project. Upon approval of the environmental documentation, Mr. Stewart coordinated the purchase and preservation of occupied habitat as mitigation for direct impacts to the federally listed Endangered Coachella Valley milk- vetch (Astraga/us lentiginosus var. coachellae). Client: KHovnanian, 2004—Present Eisenhower Drive Bridge and Drainage Improvement Project, La Quinta, California. Mr. Stewart acted as Project Manager and preparer of the IS and ND for the Eisenhower Drive Bridge and Drainage Improvements project. The project involves the addition of north and southbound lanes and associated bridge and drainage improvements to a segment of Eisenhower Drive in the City of La Quinta, Riverside County. Issues included construction noise and air quality impacts and potential impacts to a nesting colony of swallows. Mr. Stewart prepared the air quality analysis for the proposed project using the Road Construction Emissions Model Version 5.2 developed by the Sacramento Metropolitan Air Quality Management District. Client: City of La Quinta, 2004-2005 Portola Avenue over the Whitewater River Wash, Palm Desert, CA. Mr. Stewart is the Project Manager and preparer, of a biological constraints analysis and IS/ND for the proposed bridge crossing of Portola Avenue over the Whitewater River wash in the City of Palm Desert, Riverside County, California. The project involves jurisdictional permitting, noise analysis, and focused surveys for special status plant and raptor species. Client: City of Palm Desert, 2004—present • ca.•R:c0 O m Coastal Resources Management,Inc. PMB 327,3334 East Coast Highway,Corona del Mar,CA 92625(949)412-9446 r1•l4r3c'? RESUME ROBERT R. WARE (RICK) COASTAL RESOURCES MANAGEMENT, INC. Mr. Ware is the President and Senior Marine Biologist of Coastal Resources Management, Inc. (CRM), located in Corona del Mar, California. He has 28 years of experience conducting marine biological resource surveys and evaluating the impacts of coastal development on marine communities along the Pacific Coast, Alaska, the Pacific Basin, and the Caribbean. He also has direct experience with the marine biological communities along Seal Beach. CRM conducts numerous types of field studies, including habitat mapping, biological sampling and analysis for wetlands, bays, harbors, and open coastal environments; water quality sampling and analysis; CEQA and NEPA environmental impact reports/environmental impact statements and assessments, project permitting, mitigation planning and monitoring studies for wetlands, bays, harbors, and open coastal habitats, and technical report preparation. Mr. Ware is certified to conduct invasive algae (Caulerpa taxifolia) surveys. He has also prepared oil spill contingency plans (OSCPs) and field manuals for the containment, cleanup, and removal of oil from all types of habitats. Mr. Ware has conducted a wide range of field surveys, EAs, and mitigation monitoring programs over the last 30 years. A certified diver for 37 years, Mr. Ware has performed subtidal diving surveys, sample collection, still photography, and underwater video documentation to depths of 150 ft. He has accumulated over 1,900 hours of dive time investigating subtidal communities of California, Mexico, Alaska, the Caribbean, and the Pacific Basin. Education M.A., Biology, California State University, Long Beach (1979) _ B.S., Zoology, California State University, Long Beach (1976) Professional History Coastal Resources Management, Inc. Corona del Mar, CA. Principal/Marine Biologist 1992—present • Marine Resource Consultants, Inc. Santa Barbara, CA. Associate • EIP Associates, Pasadena, CA. Senior Associate/Director of Resources Management-1991 • Dames & Moore, Inc., Santa Ana, Ca. Consulting Marine Biologist 1989-1995 • Michael Brandman Associates, Inc., Santa Ana, CA. Project Manager/Marine Ecologist 1989-1991 • • MBC Applied Environmental Sciences, Costa Mesa, CA. Marine Technician 1972; Marine Biologist 1978-1988 • Orange Coast College. Research Grant Coordinator 1977-1978 • Allan Hancock Foundation, University of Southern CA. Marine Technician and Biologist 1974-1977 • • • Professional Affiliations • Certified SCUBA Diver (NAUI, 1970) • CPR/First Aid Certified/Oxygen Training Certified • National Marine Fisheries Service Certified Caulerpa taxifolia Surveyor • Southern California Academy of Sciences Teaching Credentials • State of California Community Colleges, Natural Sciences Professional Experience • Sediment core sampling studies for Orange County and San Diego County beach nourishment projects under contract to Moffatt & Nichol Engineers, 2005-2007 • Principal Investigator, Marine Resources. Seal Beach Pier Groin Re-Construction Project. Moffatt & Nichol Engineers and the City of Seal Beach. Conducted intertidal surveys and subtidal marine biological surveys and prepared marine biological environmental assessment•for the Seal Beach Pier Groin Re-Construction Project (2005-2006) • Principal Investigator, Marine Resources, San Clemente Beach Nourishment Monitoring for Moffatt & Nichol Engineers and the City of San Clemente. (2005-2006). Conducted subtidal field studies and prepared pre-and-post construction marine biological impact assessments for the North Beach beach nourishment project • Principal Investigator, Marine Resources, San Clemente Beach Nourishment Monitoring for Moffatt & Nichol Engineers and the City of San Clemente. (2000-2001). Conducted intertidal and subtidal field studies along the San Clemente coastline and prepared marine biological assessment for the project Mitigated Negative Declaration • Principal Investigator, Port of Los Angeles-Cabrillo Beach Artificial Reef Project (2007) under contract to URS/Cash & Associates and the NOAA Montrose Settlement • Restoration Trustee Council • Principal Investigator, Public Use Impact Studies for Central Orange County Area of Special Biological Significance (ASBS) Public Use, Biological, and Contaminant Investigations (2006-2007) for the City of Newport Beach under contract to Weston Solutions, Inc. • Principal Investigator, Marine Biological Resources for the Treasure Island Resort Project. City of Laguna Beach and the Athens Group. Preparation of environmental assessment, marine resources monitoring plan, application to nominate Treasure Island as a State Marine Park, and the conduct of a 5-year field monitoring program for rocky intertidal, subtidal reefs, and visitor use (plants, benthic invertebrates, and fishes). • 1997-2007 • Principal Investigator, NOAA Montrose Settlement Restoration Trustee Council Artificial Fishing Reef Project. Reef design (Port of Los Angeles-Cabrillo Beach Areas) and environmental documentation task, under contract to URS Corporation (2007-2008). In association with Padre Associates, Inc. EXHIBIT "B" FEE SCHEDULE STANDARD HOURLY FEE SCHEDULE The Client agrees to pay Consultant as compensation for all authorized work included in the Scope of Services heretofore stated at the hourly rates below. Attachment B • ti entriq C O N S U L T I N G 2007-2008 FEE SCHEDULE PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE Principal $160-215 Associate Principal 145-175 Biological/Environmental Manager 120-145 Senior Planner/SeniorProject Manager 115-145 Senior Ecologist/Senior Restoration Ecologist 100-130 Project Manager 100-130 Cultural Resources Manager 100-120 Senior Biologist/Biological Project Manager 100-135 GIS Specialist 85-95 Planner/Assistant Project Manager 7$-105 Field Monitor 65-100 • Ecologist 60-85 Technical Writer/Editor 80-90 Graphic Artist 80-90 Project Assistant 65-75 Administrative Assistant 65-75 Reimbursable Costs Mileage $ 0.50 per mile Copying/Reprographics cost plus 10% Delivery/Overnight Mail cost plus 10% Other out-of-pocket expenses cost plus 10% • Subconsultants cost plus 10% 151 Kalmus Drive, Suite E-200 Costa Mesa, CA 92626 (714)444-9199 (714)444-9599 Fax 3452 E. Foothill Blvd.,Suite 420, Pasadena,CA 91107' (626) 351-2000 (626)351-2030 Fax 40810 County Center Drive, Suite 120,Temecula, CA 92591 `(951)587-9230*(714)444-9599 Fax