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HomeMy WebLinkAboutC-3235 - Amendment No. 1-5, Newport Dunes Environmental Impact Reporta The Newport Dunes Resort Final Environmental Impact Report (Volumes I to IV) is located in the hall cabinet AMENDMENT NO.6 PROFESSIONAL SERVICES AGREEMENT Newport Dunes Environmental Impact Report THIS AMENDMENT NO. 5 TO CONSULTANT AGREEMENT, made and entered into this 4th day of May, 2000, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LSA Associates. Inc., whose address is One Park Plaza, Suite 500, Newport Beach, California 92614 -5981 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. On September 28. 1998. a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT." B. On November 2. 1998, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1." C. On May 24. 1999, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 2." D. On November 17. 1999, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 3." E. On January 10. 2000, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 4." F. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO. 4, as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY THE CONSULTANT The Consultant's scope of services shall be amended to include the duties set forth in Exhibit 'A" attached hereto and incorporated herein by reference. i 0 0 Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2., AMENDMENT NO. 3, and AMENDMENT NO. 4, shall remain the same and shall be in full force and effect. 2. COMPENSATION TO CONSULTANT Consultant's compensation shall be increased by thirty -seven thousand dollars, five hundred ($37,500.00) for all work performed in accordance with AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO.4 shall not exceed the total contract price of one hundred and seventy thousand dollars ($179,500.00). IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 5 on the date first above written. A VED AS TO FORM: lauson nt City Attorney LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: Vljr.{✓ wr Omer Blud City Manager CONSU T IpA BY: U V c Robert W. EYalen LSA Associates, Inc. oil Sent b9 :LSR Nrra 88 18108am from 949553887146443258 rage 1 L "4 LSA ALSO C IwTl9, SUITE ONE Pwl& PLw2w, SUITS j00 11VIN3, Cw JrOXNI. 92614 April 3, 2000 Patricia Temple, Planning Director City of Newport Beach 3300 Newport Houlevard Newport Beach, CA 92658 -8915 OTDEl 02" Ly9. 949553 -0664 TEL SERKELBY 11V113ID8 949.553.80748A% Pr. MCHMOND AOCKLIN Post -itm Fax Note 7671 03t• z1h fa, TO _ From . Phane8 .. PhoneF Fax k. 3� Fax N Subject: Addendum to March 3, 2000, Contract Amendment Request Dear Patricia: This letter serves as an addendum to our contract amendment letter dated March 3, 2000 (attached), and addresses the City's request for additional environmental consulting services related to.the revised Newport Dunes project. As we understand it, the City and the applicant have reviewed our March 3 letter and will recommend that the City Council approve the requested budget increase. However, the City also wishes to ensure that the amendment to the Professional Services Agreement includes all future costs by LSA Associates, Inc. (LSA), including a new analysis of the recent revisions to the project and possible future revisions to the project that have not yet been proposed. "Phis letter provides the scope of work and budget for our fume consulting services, and a final budget to be included in the contract amendment. SUMiL-4RY OFMARCH3, 2000, CONTRACTAIMENDMENT REQUEST Our Mareb 3, 2000, contract amendment request (altac:hed) summarized the budget for completing the following tasks! • Draft responses to comments • Environmental evaluation of revised Bayside Drive gate access • Environmental evaluation of proposed service drive/mobile home park butter Dover Shores noise study • Draft FIR Errata • Discussions with City as to approach to responses • Printing and delivery charges As a point of clarification, the budget amendment requested in our letter also includes fees accessary to prepare the .Final F.IR document, attend the April 6, 2000, Planning Commission meeting and two future City Council meetings, and conclude our contract with the City. This includes preparation of 4r1000P:kNB834UdminQ -7.60 RevAug.wpd» Exhibit A e L�HHIHO sHCn DHNINS�i +OI[MUi[ 02410Y Sent 6y :LSR Rpr0 as 10:08am from 9495538e07146443259 page 2 LSA ASSpCIATEd,10C- the Findings of Fact/ Statement of Overriding Considerations, Final EIR (responses to comments, Errata, and Draft EIR), and Notice of Determination. Our fee for completing this work is $22,000. FiVV7RONMZNT4L EVULATIONOFREVISED PROJECT In response to comments from the Planning Commission and the public during the public review process, the applicant submitted a Revised Precise Plan, dated March 7, 2000. The major changes to the plan include the following: • Reduction in the number of hotel rooms from 400 to 370 • Reduction in the number of time share units from 100 to 75 Employee and service vehicle traffic redirection to access the hotel and time share resort site through the RV Resort via Back Bay Drive, rather than Bayside Drive. • Increase of setback between proposed hotel and mobile home park to a minimum of 80 feet; including surface parking in this area in place of the previously proposed service drive and loading dock Relocation of loading dock to the southeast portion of the building, adjacent to the RV Resort On March 23, 2000, the Planning Commission instructed the applicant to make additional revisions to the project, including reduction 'in: 1) the height of the structures, 2) the number of rooms, and 3) the size of the conference area. The applicant is expected to submit revised plans for review at the April 6, 2000, Planning Commission meeting. An environmental analysis of the revised project is necessary for the purposes of CRQA to document that the revised project has no new environmental impacts unanticipated in the DEIR or the subsequent analyses prepared by LSA. In addition, the analysis should determine whether any of the significant impacts identified in the DEIR have been reduced to .less than significance through the redesign of the project. LSA will require the following items to conduct the environmental analysis: • Revised precise plan • Revised view simulations • Revised traffic and parking analysis • Revisions to PC District plan Approach I'o address these changes to the project after City staff accepts the revised plans, LSA will prepare an analysis of the environmental impacts associated with this modification. Due to the substantial nature of the above changes, LSA's analysis will focus on how the revised project reduces or eliminaws the significant impacts identified in the DEIR. The D1TR identified significant unavoidable adverse impacts related to traffic, air quality, and visual impacts. Noise impacts were also a major concern, although these impacts were considered less than significant with the mitigation measures provided. 4/3 /00(<1` 1CNSN34 A,dmia13.7.00 RevAag.wpd» Exhibit A Sent by:LSa A11000 10:09ari fron 94955330 0 7146443250 rage 3� 5 LSA ABSOCIATES. INC. Our analysis of the revised project will utilize revised technical studies prepared by WA and Mestre Greve Associates (MGA), as well as technical analyses by LSA. To adequately analyze the project revisions, the noise and air quality analyses will be updated by 1vlGA under LSA's direction, utilizing the updated WPA traffic analysis. In addition, the visual analysis of View K, where a significant impact was found, will be reevaluated to determine whether a significant impact to public views still exists at that location; the other views will be reevaluated at a lesser level of detail to determine whether the revised project causes any new significant visual impacts. In addition, the revised project will be evaluated in terms of the other environmental topics included in The DEIR analysis. A brief outline of our approach to the environmental analysis follows. T'ra,f tclCirculution LSA will review ATA's updated traffic analysis and discuss the significant impacts of the traffic and circulation impacts of the revised project. The revised project's traffic impacts wilI be compared with those analyzed in the DEIIt LSA will also evaluate the on -site vehicular circulation of the revised project. Redirecring employee and service traffic through the existing RV Resort may result in increased pedestrian/vehicle conflicts. This conflict with guests at the RV Resort represents a Potentially significant safety issue. Air Quali(7 MGA will provide a letter report augmenting their original air quality analysis. The report wil l calculate the air quality emissions of the revised project and compare those emissions to the previously proposed project. This analysis will include an evaluation of construction emissions and long -term operational emissions, and a CO hot spots analysis. The analysis will be based on WPA's updated traffic analysis. LSA will integrate MGA's findings into our environmental analysis. Noise 1MGA will provide a letter report augmenting the previous noise analysis. The report will quantify the revised noise impacts generated by the project. The report will evaluate updated traffic estimates along Bayside Drive (based on WPA's updated traffic analysis) and potential new noise levels in the RV Resort from rerouted employee and service vehicle trips. The revised project will also be evaluated to consider the continued need for a sound wall along the property line between the hotel and the adjacent to the mobile home park. Noise impacts to the Dover Shores neighborhood will also be reconsidered. LSA will integrate MCtA's findings into our environmental analysis. 413f00«P1cN6834Udminl3 -7.00 RevAugmpdi) Exhibit A SenL b9+LSR Rpri-e9 10 :09ar. from 9495538 0 7146443250 pale 41 5 LSA "SOCSAT.XS. tHC. Visual Resources LSA will evaluate the visual simulations of the revised project to determine whether the remised project's visual impact to View K, from the Swimming Lagoon Beach, is significant. LSA will also conduct a brief review of the other revised view simulations to determine whether any new visual impacts will be created by the revised project. Other Environmental Impact Report Sections LSA will prepare a brief update of each of the remaining environmental topic sections, similar to our previous analyses of the project modifications, including: land use, population and housing, earth resources, water resources, biological resources, cultural /scientific resources, public health and safety, public services and utilities. This will be a comparative analysis to the project evaluated in the DEIR, and no new quantitative analyses are assumed in this task. Each of these FIR topic areas will be evaluated to determine whether the revised plan would create any new environmental impacts. 9DD1'IION IL ST9FF_9SSISTANCE The City has asked LSA to include provisions within the budget to address future requests for assistance with the EIR and CEQA process that may arise through future hearings at the Planning Commission and City Council. This could include, but is not limited to, additional environmental analysis of revisions to the project and attendance at additional meetings. LSA is requesting a reserve of $5,000 for this purpose. This amount will be reserved for specific tasks as directed by the City. SCHEDULE LSA will require approximately three weeks to prepare the environmental analysis of the revised project because MGA will require approximately two weeks from the receipt of WPA's revised traffic analysis to prepare the updated air and noise studies, and LSA will require approximately one additional week to review the MGA reports, summarize the findings, and complete our analysis. BUDGET The budget for completion of our contract for the Newport Dunes FEIR is summarized below, based on the scope of work outlined above and in our March 3, 2000, letter (attached). LSA requests the City's approval of this contract amendment for the tasks described above to complete the Final ElF, to be billed on an hourly basis consistent with the rates and provisions in our existing contract with the City of Newport Beach. A budget increase of $37,500 will be required for this scope of work. When added to our approved budget of $142,000, the revised contract 'total will be $179,500. This amount will not be exceeded without the City's approval. The budget increase is summarized below. 613108Ur:lCNn634 \Admin3 -7 -00 Re Aug.wpd)) Exhibit A Sent by:LSF Lab 493001AT%!, 100. APr -&00 10109am from 94955380•'146443250 Page 5, 5 Budget Amendment Summary Tusk(4) Amount Environmental Analysis ofAevised Project LSA Analysis $6,000 MGA Air & Noise Studies 4,500 Subtotal $70,500 :ttarch 3, 2000, Augment Request 22,000 Additional Staff Assisumce 5,000 Total $37,500 Please do not hesitate to contact us if you have any questions regarding this contract amendment. We look forward to completing the CEQA process on tha Newport Dunes project. We request ghat this amendment be forward to the City Council as soon as possible so that we may be reimbursed for our past expenses dating back as far as December, 1999. Also, prompt approval of this request will allow us to begin our work on the environmental analysis once the revised project plans and traffic analysis are received. Your verbal authorization of die above scope of work and budget will be adequate for us to begin work on the environmental analysis. Sincerely, 0 CIr1TES, lNC. ale Robert W. BL Principal cc: Sharon Wood Patrick Alford Les Card, Y.E., CEO Rob McCann, President James Baum, CPO Attachmeut: March 3, 2000, Contract Amendment Request 4i3l00<(PXNB834%Adminl3.7 -d0 UvAug.wpd)) 5 Exhibit A Sent by:LSR L /� From R�r-O 90 19:54a,, $SOCIATZ ,3NC. Fran 934553867697146433250 9gy5i3.00Od Tit "XXI OFFSBs OTRIM ZaN Phone tl PYwn6 # C S3 .J O F'.0 4�F _ 3ZS'o Fax* J 1 xviH¢. CwttiO RN in 9=e43 E. C LIXOM IA 9 4 PT. 919.577-BD TO V" PT. xZCM MOND March 3, 2000 Patricia Temple, Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 -8915 Pu.. a luviasiDt IDC[L1N Post -it° Fax Note 7671 Dale 4,f11-3 woes TO �� /+,l/ / From Co./DOpt dl 9 V Co. Phone tl PYwn6 # C S3 .J O F'.0 4�F _ 3ZS'o Fax* 9CA113(ew9 H /11*-� J le� Subject: Revised Contract Amendment to Address Additional Studies Requested by City of Newport Beach and to Address Additional Public Comments Received Dear Patricia: This letter outlines the additional tasks and budget necessary to perform additional wort; requested by the City to complete the Final EIR, including: I) preparation of responses to comments beyond the estimated work included in our contract; 2) preparation of additional studies for the applicant's new proposal for gated access on Bayside Drive; 3) preparation of additional analysis for the applicant's new proposal for an increased landscaped buffer and relocation of a block wall between the hotel resort and the Bayside Village mobile homes; and 4) preparation of additional noise analysis study rgardinq noise effccts on Dover Shores. Responses to Cowntents As we noted in letter, dated December 7, 1999, and January 3, 2000, responding to the comments received during tale public review period required greater effort than originally specified in our contract. As our contract states. "It is extremely difficult to accurately predict the level of effort necessary to respond to those comments. A maximum of 40 LSA staff hours is specified for this task. Should additional time be necessary to prepare responses to comments, a budget adjusrmcm may be necessary." As we have notified you, additional work beyond the hours specified in the contract was required to complete the responses to comments (RTC) task. As we have discussed, the comments received by the City were numerous, extensive, and complicated. According to CEQA, `There must be good faith, reasoned analysis in response to each comment received. Conctusory statements unsupported by factual information will not suffice." LSA staff diligently responded to all or the comments with the level of detail required by CEQA, in order to provide the City a defensible FEIR. 3G3W(PXNH3340LJD0BTIRTC budgeO.wpdb iLAN NINO INY:¢O N.RNTA; sUIN<IS DISION Exhibit A Sent bV:LSA "1-900 10154am From 94955380 - 146443250 Pave i. 7 Lbn ♦ssoct�Tc%' INC. Due to the level of sophistication of the comments and the number of comments received, compilation of the RTC document required a major effort, substantially beyond the 40 hours we estimated in October, 1998, when we first prepared our scope of work and budget estimate. A total of 75 comment letters was received during the public review process, and an additional ten comment letters were received after the close of the comment period on November 15. A significant comment letter was also generated by the City's Environmental Quality Affairs Committee (EQAC). demanding particular attention and discussion with staff. Development of the RTC involved the following effort: 1. Compiling, numbering, and tracking comments and responses; 2. Reviewing the EIR and referencing the corresponding Elk section for many of the responses; 3. Follow -up with subconsultants and technical specialists to address issues raised in the comments; 4. Reviewing subconsultant responses and including them in The RTC document; S. Discussions with the applicant and the City regarding response strategy and issues raised by commentors; o. Word processing, editing, and proofing by clerical staff; Internal qualiri review of draft responses by an LSA Principal; 8. Responding to Ciq /applicant comments and questions on the RTC: and 9. Initiating several pieces of correspondence and telephone calls to City staff and the City Attorney's office to complete the RTCs. The RTCS required approximately 170 hours of LSA senior level personnel, in January alone. Including November and December time, the total is approximately 284 hours for preparation of the RTC package. An extra effort by LSA occurred in January, when approximately 117 hours of overtime were spent by three senior level LSA personnel to complete the RTC package, the EIR Errata, the EIR Addendum, and additional analysis for the above studies within the time frame established by the City for a targeted Planning Commission hearing in mid - February. This extraordinary effort was accomplished by LSA in good faith at the direction of Ms. Sharon Wood. Addith mal Stadies and Draft EIR Errata Three additional studies and an Errata to the Draft EIR were prepared at the request of the City for the FEIR 3rlOQ((F'1CNBg397aUDGL- 11R'+'C Eud ;er3.wpd +> Exhibit A Sent 6y:Lsa Gn1600 10!541n from 9495538* 7146443250 rage 3, , Lin AfiSOLL�Tt b, INC. Sapplemerttal Analysis of Bayside Drive Modification Subsequent to the public comment period, the applicant submitted a proposal to provide gated access west of the entrances to Sayside Village Mobile Home Park. In order to adequately address this change in the project. LSA conducted supplemental analysis of the environmental impacts associated with this modification. Prior to the preparation of the analysis, LSA had expended seven hours evaluating this issue, reviewing the proposal and related materials, and discussing with the City the appropriate CEQA approach for this late change to the project, The supplemental analysis included the following scope of work: an analysis of the modification's effect on each EIR environmental topic and expanded discussion of the changed project's potential environmental effects from traffic, noise, and air quality. To describe the traffic impacts of the changed project, LSA utilized the City Traffic Engineer's evaluation of the plan and the queuing analysis prepared by WPA. The findings of the queuing analysis were then incorporated into a revised air quality and noise impacts analysis, utilizing the U.5. EPA approved CAL3QHC model for CO hot spot analysis. We estimate that completing these analyses required an additional 40 hours of LSA professional staff time, for a total of $3,000. Dover Shores Noise Study At the City's request, Mestm Greve Associates, the subconsultant charged with preparing the EIR's air and noise studies, prepared a supplemental analysis addressing potential noise levels at the Dover Shores community that would be generated by the proposed project. In addition, Mestre Greve Associates responded to the technical comments received related to the noise and air studies in the Draft EIR. LSA coordinated these efforts and summarized the additional information in the RTC document. Mestre Greve Associates provided an estimate of 52,000 for this work. LSA time for coordinating this requested study and incorporating the findings into the RTC is included in a separate task, described below. Service Drive, Wall, and Lwtdscaped.lrea Revised Plan Analysis LSA prepared an EIR Addendum analyzing the changes to the proposed project submitted by the applicant to the City in response to several EIR comment letters requesting expansion and changes to the buffer area between the project and the $ayside Village mobile homes. This late change to the project description was analyzed for each EIR environmental topic, and provided as an Addendum to the Draft EIR. Approximately ten hours were spent on this task. Drafi £IR Errata Due to minor changes to the proposed project by the applicant, and minor wording changes and editing to the Draft EIR requested by the City, an EIR Errata was prepared by LSA. This Errata was 313!00( ! %CN983413tfDGit,RTC bud;e:3.wpd %1 Exhibit A Sent by:LSA Rer& 00 10 :55a,. From 94955380.7146443250 >a9e 4i 7 submitted on February 3, 2000. Subsequent to submittal, LSA was requested by City staff to provide an expanded introduction to the Errata citing CEQA sections, and additional edits to the wording. Approximately 20 hours of senior LSA staff time were expended on this task. Discussions with City Staff and City Attorney Regarding EIR Baseline, Starers of Previously Approved Duxes Resort Project and SertlemenrAgreement, and RTC Approach LSA staff participated in a meeting held at City Hall to determine the proper CEQA approach to the previously approved project, including the Senlement, Agreement. LSA staff had various telephone conference calls before and after the meeting, further discussing the previously approved project and the baseline for the analysis in the E19. Printing and delivery Charges Additional printing costs and delivery charges were incurred over what was budgeted in our original contract to reproduce and distribute the RTC, Errata, Addendum, and additional technical studies. Budget LSA requests the City's approval of a contract amendment for the additional tasks described above to complete the Final EIR, to be billed on an hourly basis consistent with the rates and provisions in our existing contract with the City of Newport Beach. A budget of $23,000 will be required for the scope of work. When added to our approved budget of $136,000, the revised contract total will be $163,000. This amount will not be exceeded without the City's approval. * See Note Below Budgaf Amendment This budget proposal covers LSA fees and reimbursable costs through February 15, 2000, and is based upon actual hours billed to the project, as reflected in the attached table of LSA hours expended for each product. The following table summarizes this budget estimate for completion of the Final EIR and our contract: Additional Studies Bayside Drive Proposed Modification -Air Quality and Noise Analysis $2,000 Analysis for Proposed Bayside Drive Modification, by Topic 52,000 Dover Shores Requested Noise Study and Air and Noise RTC $2,000 3r3100(4PXNa334MbGEnFLTC budgn3.wpdU 'Note: City Mamger approved $6000 budget increase to $142,000 January 10,2000. Therefore the budget increase is $28,000- $6,000= $22,000. $22,000 +142,000= $164,000 Exhibit A Sent b9:LSA gpr900 10:55an Liw wOtOGlwstl. ,Me. Revised Project Plans for Wall/Landscaping/Buffer Management/Coordination of Additional Studies Endtled Project Baseline Analysis Re.' Air/Noise frog: 94955380 1W 146443250 CEQA Approach Discussions Regarding Baseline Analysis Meeting at City December 22, 1999 Additional Printing Printing Additional Response to Comments Printing Additional Studies/Errata Subtotal Additional Studies Additional LSA Fees to Prepare Response to Comments $1,000 $ 1,500 $ 800 $ Soo $1,100 $ 90o S11,800 LSA Time Needed to Complete RTC S13,700 LSA Time Needed to Revise RTC after City /Applicant Review $2,000 RTC Coord' u-iation/Dis+ribution/Serategies $ SOU Subtotal Response to Comments $16,200 page 5i 7 Grand Total $28,000 $6,000 Budget increase approved $22,000 1110/00 . As discussed witb you at our most recet:t meeting, LSA has proceeded in good faith, providing the City with a thorough set of responses to the unexpected level of comments on the Draft FIR. In December and again in early January, I made a specific point of informing you of the magnitude of the effort we would make on behalf of tho City in preparing the responses to comments. I have attached a ropy of the responses and the other products delivered to the City within the very demanding schedule required by the City. As I indicated above, an extraordinary effort by several of our staff was required to produce the documents requested by the City. We hope the City also recognizes the inherent value, in the environmental documentation prepared by LSA and that it forms a defensible basis enabling the EIR to move forward to be considered for certification by the City Council. 313100((P:\CNB8341aUDGETRTC budgeUmpO Exhibit A Sent by:LSA Apr— 00 10:55an iron 949553807146443250 rage 61 7 LA A150CfnTSi. zvc. We look forward to finalizing our contract to prepare the Final EIR. Please do not hesitate to contact me if you have any questions. Sincerely, g CIATES, alen Principal cc: Sharon Wood Patrick Alford Les Card, P.E, CEO Rob McCann, President Attachments Table of Hours Expended FEIR package 3!3 /00((P:%CR8A341$UDGE ,RTC bUQW.wWd 11 Exhibit A Sent •by:LSN pPr -03 -BB 3B =55an £ron 9495538076 *7146443250 DELIVERABLES 1Vtogth Staff Hours 1114100 SC Sayside Drive Gate Access Study January Tony C. 4.00 January Paul N. 4.75 January Steve 2100 January Rob 3.00 1128100 Final Crate Access Study January Steve 3.00 1217/99 Initial Draft RTC November Steve 21.50 December Steve 73.00 December Deby 21.00 1/28/00 Draft RTC January Sieve 60.00 " January Deby 60.00 January Rob 50.00 2/312000 Draft b1MRP January Steve 3.00 January Rob 1.00 213/00 Draft Errata January Steve 30.00 January Deby 1.00 January Rob 100 2/3100 Draft Service Drive/lYJ1:[P Addendum January Steve 12.00 January Rob 2.00 Word Processing - January through February 15 January 68.50 February 14.25 3rl OOi4P: 1CNB8341Admi"TCBudgeStaws.wpol> Exhibit A r' Page 7, 7 aE`x'P °qr CITY OF NEWPORT BEACH Hearing Date: COMMUNITY AND ECONOMIC Agenda Item DEVELOPMENT No.: ^" PLANNING DEPARTMENT Staff Person: 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92655 (714) 6443200; FAX (714) 644 -3250 SUBJECT: SUGGESTED ACTION: REPORT TO THE MAYOR AND CITY COUNCIL Newport Dunes Resort Environmental Impact (g) C,-3a35 25,2000 9 Sharon Z. Wood (949) 644 -3222 AIR 2,5'- Approve amendment to the professional services agreement with LSA Associates, Inc. The City Council approved an amendment to the professional services agreement with LSA Associates with regard to changes in the project 'on April 11, 2000. This amendment is for $10,500. The amendment with regard to additional work on responses to comments and preparation of the Final EIR ($27,500) was continued, with requests for a status report on the EIR and for the consultant to be present at the meeting of April 25. LSA Associates has prepared the attached status report, and will have a representative at the Council meeting. As the status report indicates, the consultant has provided additional responses to comments and questions from the Environmental Quality Affairs Committee (EQAC). This information was available for the Planning Commission's consideration on April 20. In addition, EQAC's chairman intends to place this report on the EQAC agenda for May to enable the Committee to make its recommendation on the adequacy of the EIR to the City Council when it is conducting public hearings on the project. Staff believes the requested amendment for additional work is justified, as there has been an unusually high amount of public interest in the Newport Dunes Resort project and commensurate amount of comments on the EIR. SHARON Z. WOOD Assistant City Manager Attachment; Memorandum from LSA Associates, Inc. LSA *ASSOCIATES, INC. ONE PARK PLAZA, SUITE 500 IRVINE, CALIFORNIA 92614 MEMORANDUM • 949.553.0666 TEL 949553.8076 FAX DATE: April 14, 2000 TO, Sharon Wood, Assistant City Manager mom: Robert W. Balen, Principal SUBJECT Status of Newport Dunes Resort EIR Process OTHER OFFICES: BERKELEY RIVERSIDE PT. RICHMOND ROCKLIN This memorandum is provided in response to the City Council's April 11 request for a status report on the progress of the Newport Dunes Resort EIR. LSA Associates, Inc. (LSA) is in the process of preparing the Final EIR package for review and certification by the City Council. The status is summarized below. Responses to Comments LSA prepared a Draft Responses to Comments (DRTC) document on January 28, 2000, with the input of the City Planning Department, the City Attorney's office, and subconsultants responsible for preparing technical studies included in the DEIR, as well as the applicant. The DRTC included responses to the comments raised by the City's Environmental Quality Affairs Committee (EQAC), charged with reviewing the DEIR. The City Attorney's office has reviewed the DRTC and found the document consistent with the requirements of CEQA. On March 23, 2000, the EQAC submitted a letter to the Planning Commission listing their concerns with the DRTC. In response to EQAC's letter, LSA has provided a memo report, dated April 14, 2000, which attempts to further clarify the responses with which EQAC had concerns. We believe this memorandum provides additional clarification of issues, as well as an explanation of the level of analysis required for compliance with CEQA. At its meeting on April 6, 2000, this Planning Commission evaluated the adequacy of the DEIR, and DRTC and found the documents to be consistent with the requirements of CEQA. Therefore, with the City's approval, LSA will now prepare a Final Responses to Comments document for inclusion in the Final EIR package. Environmental Evaluation of the Revised Project At its meeting on April 11, the City Council authorized LSA and its subconsultant, Mestre Greve Associates, to prepare for its review an environmental analysis of the.revised Newport Dunes Resort as modified by the Planning Commission. This revised environmental analysis is necessary for the purposes of CEQA to document that the revised project has no new environmental impacts not anticipated in the DEIR or the subsequent analyses of the project modifications prepared by LSA. Ir 4/14 /00 «P: \CNB834\Admin\4 - -14 status memo.wpd)) 0 ! LSA ASSOCIATES. INC. addition, the analysis will determine whether any of the significant impacts identified in the DEIR (air quality, traffic, visual resources) have been reduced to less than significant levels through the redesign of the project. LSA and Mestre Greve Associates are currently preparing this revised analysis, and we plan to submit a draft copy to the City Planning Department for review on April 28. Final EIR Package LSA will compile the Final EIR package for certification by the City Council. The Final. EIR will include Volumes I and II the Draft EIR, the Responses to Comments, Errata, the Revised Environmental Analysis, Facts & Findings, Planning Commission and City Council staff reports and resolutions, and a Statement of Overriding Considerations. This Final EIR package will be compiled for certification by the City Council after the completion of the environmental evaluation of the revised project. LSA will continue to work expeditiously at the direction of the City staff to complete the CEQA process for the Newport Dunes Resort project. Please do not hesitate to call me if there are any issues that you would like to discuss. 4 /14 /00((PACNB8341AdminW -14 status memo.wp& SUBJECT: SUMMARY: SUGGESTED ACTION: Background Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL Newport Dunes Resort Environmental Impact Report C38�) C -3a3S April 11, 2000 Patrick J. Alford (949) 644 -3235 OR I i An amendment to the professional services agreement for consulting services to prepare an environmental impact report for the Newport Dunes rt projept. Approve the amendment to the professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Resort project. On September 28, 1998, the City Council approved a professional services agreement with LSA Associates for the preparation of an environmental impact report (EIR) for the Newport Dunes Resort project. Pursuant to Policy F -3, this amendment requires City Council approval because it exceeds twenty five percent (25 %) of the agreement as amended by the City Council on May 24, 1999. Analysis The amendment is necessary to compensate the consultant for additional costs incurred during the preparation of the Newport Dunes Resort EIR. These additional costs were due to changes in the project design proposed by the applicant at the suggestion of the Planning Commission. These revisions require additional technical studies and analysis by the consultant. Also, the City received an unusually large number of comments from the public on the draft EIR and drafting responses to these comments required additional studies and more time than was budgeted for in the original agreement. Finally, there were additional printing costs associated with these tasks. These costs total $37,500. The applicant has agreed to pay additional compensation to consultant to cover the costs associated with additional review and analysis and to complete the EIR- Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: PATRICK J. ALFORD Senior Planner Attachments: 1. 61PSA AmendmentNo. 5. 2. Letter from the applicant agreeing to revised contract CITY OF NEWT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT �c�E`wP6kp 0 � 1 PLANNING DEPARTMENT U � 33� NEWPORT BOULEVARD C'l�F00.N�P NEWPORT BEACH, CA 92658 (949) 644-320o, FAX (949) 644-3250 SUBJECT: SUMMARY: SUGGESTED ACTION: Background Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL Newport Dunes Resort Environmental Impact Report C38�) C -3a3S April 11, 2000 Patrick J. Alford (949) 644 -3235 OR I i An amendment to the professional services agreement for consulting services to prepare an environmental impact report for the Newport Dunes rt projept. Approve the amendment to the professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Resort project. On September 28, 1998, the City Council approved a professional services agreement with LSA Associates for the preparation of an environmental impact report (EIR) for the Newport Dunes Resort project. Pursuant to Policy F -3, this amendment requires City Council approval because it exceeds twenty five percent (25 %) of the agreement as amended by the City Council on May 24, 1999. Analysis The amendment is necessary to compensate the consultant for additional costs incurred during the preparation of the Newport Dunes Resort EIR. These additional costs were due to changes in the project design proposed by the applicant at the suggestion of the Planning Commission. These revisions require additional technical studies and analysis by the consultant. Also, the City received an unusually large number of comments from the public on the draft EIR and drafting responses to these comments required additional studies and more time than was budgeted for in the original agreement. Finally, there were additional printing costs associated with these tasks. These costs total $37,500. The applicant has agreed to pay additional compensation to consultant to cover the costs associated with additional review and analysis and to complete the EIR- Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: PATRICK J. ALFORD Senior Planner Attachments: 1. 61PSA AmendmentNo. 5. 2. Letter from the applicant agreeing to revised contract r� 0 AMENDMENT NO. 5 PROFESSIONAL SERVICES AGREEMENT Newport Dunes Environmental Impact Report THIS AMENDMENT NO. 5 TO CONSULTANT AGREEMENT, made and entered into this 12th day of April, 2000, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and LSA Associates. Inc., whose address is One Park Plaza, Suite 500, Newport Beach, California 92614 -5981 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On September 28. 1998. a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT." B. On November 2. 1998, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1." C. On May 24. 1999, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 2." D. On November 17. 1999, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 3." E. On January 10. 2000, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 4." F. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO. 4, as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY THE CONSULTANT The Consultant's scope of services shall be amended to include the duties set forth in Exhibit "A," attached hereto and incorporated herein by reference. I 0 0 Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2., AMENDMENT NO. 3, and AMENDMENT NO. 4, shall remain the same and shall be in full force and effect. 2. COMPENSATION TO CONSULTANT Consultant's compensation shall be increased by thirty-seven thousand dollars, five hundred ($37,500.00) for all work performed in accordance with AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO. 4 shall not exceed the total contract price of one hundred and seventy thousand dollars ($179,500.00). IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 5 on the date first above written. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, a municipal corporation F-YA Homer Bludau City Manager CONSULTANT M `a Robert W. Balen LSA Associates, Inc. Sent bj:LSP RP603 -00 10100am from 949553 *37146443250 Page 11 LSA April 1, 2000 LSA ASSOCIATES, aNO. ONE PARR PLAZA, SUITS 500 IUV1WA, CALIFORNIA 92614 Patricia Temple, Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 OTHER 949553-o666 TEL 33RKE1,EY R%VSRSIO$ 9495$3.8076 VAX PT. RICHMOND ROCKLIN Post -iV Fax 7671 oars ° ► tNote CoJOEpt " �i' �.' (• - .. .. Phone 4, Phone t Fax d 0Z:'..::"3:a0%0 Fax R A�Wr -a J/7 /Uft— 16 1&& Subject: Addendum to March 3, 2000, Contract Amendment Request Dear Patricia: This letter serves as an addendum to our contract amendment letter dated March 3, 2000 (attached), and addresses the City's request for additional environmental consulting services related to the revised Newport Dunes project, As we understand it, the City and the applicant have reviewed out March 3 letter and will recommend that the City Council approve the requested budget increase. However, the City also wishes to ensure that the amendment to the Professional Services Agreement includes all future costs by LSA Associates, Inc. (LSA), including a new analysis of the recent revisions to the project and possible future revisions to the project that have not yet been proposed. This letter provides the scope of work and budget for our future consulting services, and a final budget to be included in the Contract amendment. SUMMARY OFMARCH3,2000, CONTR9CTAMENDMENTREQUEST .Our March 3, 2000, contract amendment request (attached) summarized the budget for completing the following tasks- • Drs$ responses to comments • Environmental evaluation of revised Bayside Drive gate access • Environmental evaluation of proposed service drive/mobile home park buffer • Dover Shores noise study Draft EM Errata • Discussions with City as to approach to responses • Printing and delivery charges As a point of clarification, the budget amendment requested in our letter also includes fees necessary to prepare the Final P,IR document, attend the April 6, 2000, Planning Commission meeting and two future City Council meetings, and conclude our contract with the City. This includes preparation of 413100((PACMM4Wmin0 -7.00 RwAug.wpd)) PI,,INHINO � RNC�SDNN$Nrli xotSRC$i 1 DEEtOH Sent by`LSF FPr #00 10 %08am from 94955380 146443250 Page 2 Lab ASSOC1Ar Y3, 1NC- the Findings of Fact/ Statement of Overriding Considerations, Final EIR (responses to comments, Errata, and Draft EIR), and Notice of Determination. Our fee for completing this wort: is $22,000_ ENVIRONMENTAL E VAL UA TION OF RE VISED PROJECT In response to comments from the Planning Commission and the public during the public review process, the applicant submitted a Revised Precise Plan, dated March 7, 2000. The major changes to the plan include the following: • Reduction in the number of hotel rooms from 400 to 370 • Reduction in the number of time share units from 100 to 75 • Employee and service vehicle traffic redirection to access the hotel and time share resort site through the RV Resort via Back Bay Drive, rather than Bayside Drive. • Increase of setback between proposed hotel and mobile home park to a minimum of 80 feet including surface parking in this area in place of the previously proposed service drive and loading dock Relucation of loading dock to the southeast portion of the building, adjacent to the RV Resort On March 23, 2000, the Planning Commission instructed the applicant to make additional revisions to the project, including reduction in: 1) the height of the structures, 2) the number of rooms, and 3) the size of the conference area. The applicant is expected to submit revised plans for review at the April 6, 2000, Planning Commission meeting. An environmental analysis of the revised project is necessary for the purposes of CF-QA to document that the revised project has no new environmental impacts unanticipated in the DEiR or the subsequent analyses prepared by LSA. In addition, the analysis should determine whether any of the significant impacts identified in the DEIR have been reduced to less than significance through the redesign of the project. LSA will require the following items to conduct the environmental analysis: • Revised precise plan • Revised view simulations • Revised traffic and parking analysis • Revisions to PC District plan Approach To address these changes to the project after City staff accepts the revised plans, LSA will prepare an analysis of the environmental impacts associated with this modification. Due to the substantial nature of the above changes, LSA's analysis will focus on how the revised project reduces or eliminates the significant impacts identified in the DEM. The DEM identified significant unavoidable adverse impacts related to traffic, air quality, and visual impacts. Noise impacts were also a major concern, although these impacts were considered less than significant with the mitigation measures provided. 4/3/W <PftCNB834V,dmlaU3.7.00 RevAn¢.wpd» Sent 6y:LSN 163 -00 10:09al. fron 9495530 j7146443250 rage 3/ 5 LSA, ABSOC16rES, INC. Our analysis of the revised project will utilize revised technical studies prepared by WPA and Mestre Greve Associates (MGA), as well as technical analyses by LSA. To adequately analyze the project revisions, the noise and air quality analyses will be updated by MGA under LSA's direction, utilizing the updated WPA traffic analysis. In addition, the visual analysis of View K, where a significant impact was found, will he reevaluated to determine whether a significant impact to public views still exists at that location; the other views will be reevaluated at a lesser level of detail to determine whether the revised project causes any new significant visual impacts. In addition, the revised project will he evaluated in terms of the other environmental topics included in the DEIR analysis. A brief outline of our approach to the environmental analysis follows. Z'raf relarealarion LSA will review uTA'S updated traffic analysis and discuss the significant impacts of the traffic and circulation impacts of the revised project. The revised project's traffic impacts will be compared with those analyzed in the DEIK LSA will also evaluate the on -site vehicular circulation of the revised project. Redirecting employee and service traffic through the existing RV Resort may result in increased pedestrian/volikle conflicts. This conflict with guests at the RV Resort represenis a potentially significant safety issue. Air Quda & MGA will provide a letter report augmenting their original air quality analysis. The report will calculate the air quality emissions of'the revised project and compare those emissions to the previously proposed project. This analysis will include an evaluation of construction emissions and long -term operational emissions, and a CO hot spots analysis. The analysis will be based on WPA's updated traffic analysis. LSA will integrate MGA's findings into our environmental analysis. Noise MGA will provide a letter report augmenting the previous noise analysis. The report will quantify the revised noise impacts generated by the project. The report will evaluate updated traffic estimates along Bayside Drive (based on WPA's updated traffic analysis) and potential new noise levels in the RV Resort from rerouted employee and service vehicle trips. The revised project will also be evaluated to consider the continued need for a sound wall along the property line between the hotel and the adjacent to the mobile home park. Noise impacts to the Dover Shores neighborhood will also be reconsidered. LSA will integrate MCA's findings into our environmental analysis. 413 /000PACNB834\Adminl3 -7.00 RevAugwpd)) Sent by 'LSA NPr 1600 10:09an from 94955380# 146443250 Page 4� 5 LSA ASSOCIATES. INC. Visual Resources LSA will evaluate the visual simulations of the revised project to determine whether the revised project's visual impact to View K, from the Swimming Lagoon Beach, is significant_ LSA will also conduct a brief review of the other revised view simulations to determine whether any new visual impacts will be created by the revised project. Other.Environntentad Impact Report Sections LSA will prepare a brief update of each of the remaining environmental topic sections, similar to our Previous analyses of the project modifications, including: land use, population and housing, earth resources, water resources, biological resources, cultural /scientific resources, public health and safety, public services and utilities. This will be a comparative analysis to the project evaluated in the DEIR, and no new quantitative analyses are assumed in this task. Each of these FIR topic areas will be evaluated to determine whether the revised plan would create any new environmental impacts. ADDITIONAL, STAFFASSISTANCE The City has asked LSA to include provisions within the budget to address future requests for assistance with the EIR and CEQA process that may arise through future hearings at the Planning Commission and City Council. This could include, but is not limited to, additional environmental analysis of revisions to the project and attendance at additional meetings. LSA is requesting a reserve of $5,000 for this purpose. This amount will be reserved for specific tasks as directed by the City. SCHEDULE LSA will require approximately threw weeks to prepare the environmental analysis of the revised project because MGA will require approximately two weeks from the receipt of WPA's revised traffic analysis to prepare the updated air and noise studies, and LSA will require approximately one additional week to review the MGA reports, summarize the findings, and complete our analysis. BUDGET The budget for completion of our contract for the Newport Dunes FEIR is summarized below, based on the scope of work outlined above and in our March 3, 2000, letter (attached). I,SA requests the City's approval of this contract amendment for the tasks described above to complete the Finial EIR, to be billed on an hourly basis consistent with the rates and provisions in our existing contract with the City of Newport Beach. A budget increase of $37,500 will be required for this scope of work_ When added to our approved budget of $142,000, the revised contract total will be $179,500. This amount will not be exceeded without the City's approval. The budget increase is summarized below. 4/3l00 <<PACNn834WU11a13 -7-00 PwAeg.wpdN Sent by :LSA LSA 498001AT89i INC. APS3 -00 18:89ar, from 9495536647146443250 rage '5� 5 Budget Amendment Summary Task(s) Amount Environmental Analysis of Revised Project LSA Analysis $6,000 MGA Air & Noise Studies 4,500 Subtotal SI0,500 March 3, 2000, Augment bequest 22,000 Additional StaffAsststance 5,000 Total $37,500 Please do not hesitate to contact us if you have any questions regarding this contract amendment We look forward to completing the CEQA process on the Newport Dunes project. We request that this amendment be forward to the City Council as soon as possible so that we may be reimbursed for our past expenses dating back as far as December, 1999. Also, prompt approval of this request will allow us to begin our work on the environmental analysis once the revised project plans and traffic analysis are received. Your verbal authorization ofthe above scope of work and budget will be adequate for us to begin work on the environmental analysis. Sincerely, ZSOCUTES, INC. Robert W. Bale�/un L 06e' Principal ce: Sharon Wood Patrick Alford Les Card, P-E., CEO Rob McCann, President James Baum, CFO Attachment: March 3, 2000, Contract Amendment Request 4i3100( <P;1CNN34%AdIWDL3.7.00 RevAag.Wpd» Sent by:LSA RPr -9 a 10:54an from 949553a976i714c41325P L L AX fLAEII, rNC. BZX II EY 3GLSf tl wRY fLAIIA, iOtTE $00 949,$$J•G 66u TLL.1LE KE LEY IRVIMR. CAL[LORNtw 91614 9,9.553.9076 WAx IT. IraVIVONO March 3, 2000 Patricia Temple, Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Pa_,. tr Rt VLRLrbL ROCKLIN Post -tv Fax We 7671 oar y 3 pa m" co.mgpt [%i% ware «^E 55-3 -0&6% FetN ����ZSo FaKN 9CW(5(o -4 to ilz ,ez 7 Subject: Revised Contract Amendment to Address Additional Studies Requested by City of Newport Beach and to Address Additional Public Comments Received Dear Patricia: This letter outlines the additional tasks and budget necessary to perform additional work requested by the City to complete the Final FlP, including: I) preparation of responses to comments beyond the estimated work included in our contract; 2) preparation of additional studies for the applicant's new proposal for gated access on Bayside Drive; 3) preparation of additional analysis for the applicant's new proposal for an increased landscaped buffer and relocation of a block wall between the hotel resort and the Bayside Village mobile homes; and 4) preparation of additional noise analysis study regarding noise 46cts on Do mr Shores. Responses to Comments As we noted in letters dated December 7, 1999, and January 3, 2000, responding to the comments received during the public review period required greater effort than originally specified in our contract. As our contract states. "It is extremely difficult to accurately predict the level of effort necessary to respond to those comments. A maximum of 40 LSA staff hours is specified for this task. Should additional time be necessary to prepare responses to comments, a budget adjustment may be necessary." As we have notified you, additional work beyond the hours specified in the contract was required to complete the responses to comments (RTC) task. As we have discussed, the comments received by the City were numerous, extensive, and complicated. According to CEQA, "There must be good faith, reasoned analysis in response to each comment received. Conclusory statements unsupported by factual information will not suffice." LSA staff diligently responded to all of the comments with the level of detail required by CEQA, in order to provide the City a defensible FEIR. 3r3W((PXNH134WVQBMTC budgca.wpdrr F"NNf NO 1 2XVIROWN.Wra& XV.. 93 1 alslow seat by:LBR FPrV3 -00 10:541,, froh 9495538 7146443250 7146443250 L" aSSOC3nTES. 19Q. Page 2/ 7 Due to the Ievel of sophistication of the comments and the number of comments received, compilation of the RTC document required a major effort, substantially beyond the 40 hours we estimated in October, 1998, when we first prepared our scope of work and budget estimate. A total of 75 comment letters was received during the public review process, and an additional ten comment letters were received after the close of the comment period on November 15. A significant comment letter was also generated by the City's Environmental Quality Affairs Committee (EQAC), demanding particular attention and discussion with staff. Developmenc of the RTC involved the following effort: I . Compiling, numbering, and tracking comments and responses; 2. Reviewing the EIR and referencing the corresponding EIR section for many of the responses; 3. follow -up with subconsultants and technical specialists to address issues raised in the comments; 4. Reviewing subconsultant responses and including them in the RTC document; 5. Discussions with the applicant and the City regarding response strategy and issues raised by commentors; 6. Word processing, editing, and proofing by clerical staff; 7. Internal quality review of draft responses by an LSA Principal; 8. Responding to City /applicant comments and questions on the RTC; and 9. Initiating several pieces of correspondence and telephone calls to City staff and the City Attorney's office to complete the RTCs. The RTCs required approximately 170 hours of LSA senior level personnel, in January alone. Including November and December time, the total is approximately 284 hours for preparation of the RTC package. An extra effort by LSA occurred in January, when approximately 117 hours of overtime were spent by three senior level LSA personnel to complete the RTC package, the EIR Errata, the EIR Addendum, and additional analysis for the above studies within the time frame established by the City for a targeted Planning Commission hearing in mid - February. This extraordinary effort was accomplished by LSA in good faith at the direction of Ms. Sharon Wood. Additional Studies and Draft EIR Errata Three additional studies and an Errata to the Draft EIR were prepared at the request of the City for the FEIR. 3r /0D((P'�CNB33"VDGLTRTC bu4pt3."&d 2 Sent 6y!LSA ppW-00 10:54ari Fror, 94955330j7146443250 r'a9e 3, ? "I nsso ci.fTts, roe. Supplemental Analysis of Bays ide Drive Modification Subsequent to the public comment period, the applicant submitted a proposal to provide gated access west of the entrances to Bayside Village Mobile Home Park. In order to adequately address this change in the project. LSA conducted supplemental analysis of the environmental impacts associated with this modification. Prior to the preparation of Elic analysis, LSA had expended seven hours evaluating this issue, reviewing the proposal and related materials, and discussing with the City the appropriate CEQA approach for this late change to the project. The supplemental analysis included the following scope of Work: an analysis of the modification's effect on each EIR environmenral topic and expanded discussion of the changed project's potential environmental effects from traffic, noise, and air quality_ To describe the traffic impacts of the changed project, LSA utilized the City Traffic Engineers evaluation of the plan and the queuing analysis prepared by WPA. The findings of the queuing analysis were then incorporated into a revised air quality and noise impacts analysis, utilizing the U.S. EPA approved CAL3QIIC model for CO hot spot analysis. We estimate that completing these analyses required an additional 40 hours of LSA professional staff time, for a total of $4,000, Dover Shores Noise Study At the City's request. Mestre Greve Associates, the subconsultant charged with preparin.a the EIR's air and noise studies, prepared a supplemental analysis addressing potential noise levels at the Dover Shores community that would be generated by the proposed project. In addition, Mestre Greve Associates responded to the technical comments received related to the noise and air studies in the Draft EIR. LSA coordinated these efforts and summarized the additional information in the RTC document. Mestre Greve Associates provided an estimate of $2,000 for this work. LSA time for coordinating this requested study and incorporating the findings into the RTC is included in a separate task, described below, Service Drive, Wall, and Landscaped Area Revised Plan Analysis LSA prepared an EIR Addendum analyzing the changes to the proposed project submitted by the applicant to the City in response to several EIR comment letters requesting expansion and changes to the buffer area between the project and the $ayside Village mobile homes. This late change to the project deseription was analyzed for each EIR environmental topic, and provided as an Addendum to the Draft EIR. Approximately ten hours were spent on this task. Draft EIR Errata Due to minor changes to the proposed project by the applicant, and minor wording changes and editing to the Draft EIR requested by the City, an EIR Errata was prepared by LSA. This Errata was 3(3 /9U((PACN3834 %BUOG671RTC budgW.wpd)) Sent by'•LSA OPr f00 10:55ao, front 949553BO* 146443259 Page 4/ 7 �iw Aii�CIwTCe INe• submitted on February 3, 2000. Subsequent to submittal, LSA was requested by City staff to provide an expanded introduction to the Errata citing CEQA sections, and additional edits to the wording. Approximately 20 hours of senior LSA staff time were expended on this task: Discussions with City Staff and City Attorney Regarding EIR Baseline, Stares of Previously Approved Dunes Resort Project and Settlement Agreement, and RTC Approach LSA staff participated in a meeting held at City Hall to determine the proper CEQA approach to the previously approved project, including the Settlement Agreement. LSA staff had various telephone conference calls before and after the meeting, further discussing the previously approved project and the baseline for the analysis in the EIR. Printing and Delivery Charges Additional printing costs and delivery charges were incurred over what was budgeted in our original contract to reproduce and distribute the RTC, Errata, Addendum, and additional technical studies. Budget LSA requests the City's approval of a contract amendment for the additional tasks described above to complete the Final EIR, to be billed on an hourly basis consistent with the rates and provisions in our existing contract with the City of Newport Beach. A budget of $28,000 will be required for the scope of work. When added to our approved budget of $136,000, the revised contract total will be $ 163,000. This amount will not be exceeded without the City's approval. s See Note Below Budget Amendment This bud.aet proposal covers LSA fees and reimbursable costs through February 15, 2000, and is based upon actual hours billed to the project, as reflected in the attached table of LSA hours expended for each product. The following table summarizes this budget estimate for completion of the Final EIR and our contract: Additional Studies Bayside Drive Proposed lvlodification -Air Quality and Noise Analysis $2,000 Analysis for Proposed Bayside Drive Modification, by Topic 52,000 Dover Shores Requested Noise Study and Air and Noise RTC $2,000 3/3=0PACNn3341811tx'iMKTC buW.wpdA 'Note: City Manager approved $6000 budget increase to $142,000 January 10,2000. Therefore the budget increase is $28,000- $6,000 = $22,000. $22,000 +142,000 = $164.000 Sent by:LSN 90 -00 10:55an a.aw wsao c�sssa, Ike, Revised Project Plans for Wail/IandscapinglBuffer Management/Coordination of Additional Studies Entitled Project Baseline Analysis Re: AirlNoise frog, 949553 "is j7146443250 CEQA Approach Discussions Regarding Baseline Analysis Meeting at City December 22, 1999 Additional Printing Printing Additional Response to Comments Printing Additional Studies/Errata Subtotal Additional Studies Additional LSA Fees to Prepare Response to Comments $1,000 $ 1,500 $ 800 $ 500 $1,100 $ 900 S11,800 LSA Time Needed to Complete RTC $13,900 LSA Time Needed to Revise RTC after City /Applicant Review $200 RTC Coordination /DistnbutiowSbawgies Subtotal Response to Comments $16,200 rage 5/ 7 Grand Total 52800 — $6,000 Budget increase approved 22,000 1/10/00 . As discussed with you at our most recent meeting, LSA has proceeded in good faith, providing the City with a thorough set of responses to the unexpected level of comments on the Draft EIR. In December and again in early January, I made a speck point of informing you of the magnitude of the effort we would make on behalf of the City in preparing the responses to comments. I have attached a copy of the responses and the other products delivered to the City within the very demanding schedule required by the City. As I indicated above, an extraordinary effort by several of our staff was required to produce the documents requested by the City. We hope the City also recognizes the inherent value in the environmental documentation prepared by LSA and that it forms a defensible basis enabling the OR to move forward to be considered for certification by the City Council. 3i3/a0iCFxWa8.1ARUDMMTC bvegca.wpd)) 5 S e'nk by tl,5p r "r we 19:55a% 1SA 4SSOCInTss. 194. Fro% 949553897 146443258 oa9e 6, 7 We look forward to finalizin; our contract to prepare the Final FIR. Please do not hesitate to contact me if you have any questions. Sincerely, LS. CIATES, INC. o rt W. Bslen Principal cc: Sharon Wood Patrick Alford Les Card, P.E., CEO Rob McCann, President Attachments: Table of Hours Expended FEIR Package 35/00 (P- A0M83A9U➢GEMTc bWpt3.wp &) Sent by:LSN A,01 -00 10:55.. Prow 949553817146443250 page DELIVERABLES Month Staff Hours 1 /14100 SC Bayside Drive Gate Access Study January Tony C. 4.00 January Paul N. 4.75 January Steve 20.00 Rob 3.00 January I/28100 Final Gate Access Study January Steve 3.00 1217199 Initial Draft RTC November Steve 21.50 December Steve 73.00 December Deby 21.00 1/28100 Draft RTC January Steve 60.00 January Deby 60.00 January Rob 50.00 2J3/2000 Draft NZIRP January Steve 3.00 January Rob 1.00 2/3 /00 Draft Errata January Steve 10.00 January Deby 1.00 January Rob 2.00 2/3100 Draft Service Drive/M[HP Addendum January Steve 12.00 January Rob 2.00 Word Processing - January through February 15 January 68.50 February 14.25 3r/ 00 ((P:iCN083441dmi"TCBudg- Stat�-*PdN LI Pc�Ri DU 3 April 3, 2000 Mr. Patrick Alford, Senior Planner City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Newport Dunes Project Dear Mr. Alford: Although we have serious concerns about the way LSA has handled the administration of the contract for preparation of the Newport Dunes EIR, we think it best at this point to move forward and complete the project. Therefore, we are in agreement that the city should proceed with the contract amendment request as set forth in LEA's letter of March 3, 2000, and as further addressed in their letter of April 3, 2000. Please call if you have any questions or need anything else from me on this matter. Sincerely Ron Chief Financial Officer & General Counsel RHG:rh 1131 Back Bay Drive -Newport Beach, Uifumia 92660 • (71d) 729 -DUNE (33-) p� CITY OF' NEWPORT BEACH OkaE�/ "'Yp COMMUNITY AND ECONOMIC DEVELOPMENT Hearing Date: - January 25, 2000 PLANNING DEPARTMENT Agenda Item No.: 15 u : 3390 NEWPORT BOULEVARD Staff Person: Patrick J. Alford {OpNT NEWPORT BEACH, CA 9260 (949) 644 -3235 (949) 644-32°°; FAX (949) 644-5250 REPORT TO THE MAYOR AND CITY COUNCIL 2 SUBJECT: Newport Dunes Resort Environmental Impact Report SUMMARY: An amendment to the professional services agreement for consultuig ^­ services to prepare an environmental impact report for the Newport Dunes Resort project. SUGGESTED ACTION: Approve the amendment to the professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Resort project. Background On September 28, 1998, the City Council approved a professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Resort project. The agreement set the costs for these services at $79,500.00. On October 21, 1998, the Acting City Manager approved an amendment to the agreement. The amendment was necessary to expand the scope of work to address new water quality issues and to provide an additional $17,500 in compensation to the consultant. The Acting City Manager was authorized to approve the amendment under City Council Policy F -3 because the increase was less than twenty five percent (25 %) of the original agreement. On April 23, 1999, the Planning Department received a budget augment request from the consultant for an additional $17,000 for additional technical studies. These studies consisted of additional traffic and parking analysis relating to weekend activities and special events and functions that may be conducted on the project site. This new information, in turn, required revisions to the noise analysis and air quality analysis, since both of these studies are based on estimated traffic volumes. This request, along with the previous amendment, exceeded twenty five percent (25 %) of the original agreement and was submitted to the City Council for approval pursuant to City Council Policy F -3. On May 24, 1999, the City Council approved this amendment to the agreement, which established the new contract amount at $114,000. On November 17, 1999, the City Manager approved an amendment to the agreement. The amendment was necessary in order to compensate the consultant in the amount of $22,000 for additional printing and labor costs. The additional labor costs resulted from the analysis of additional technical studies conducted to address issues raised during the public review period. These technical studies included an additional parking analysis, shadow studies, and entrance alternatives. The additional printing costs were due to multiple printings of the screen check EIR and the inclusion of additional color exhibits and foldouts. The City Manager was authorized to 0 0 approve the amendment under City Council Policy F -3 because the increase was less than twenty five percent (25 %) of the amendment to the agreement approved by the City Council on May 24, 1999. On January 7, 2000, the City Manager approved another amendment to the agreement. The amendment was necessary in order to compensate the consultant in the amount of $6,000 for additional technical studies. These studies were in response to a new, alternative design for the improvement of Bayside Drive proposed by the applicant, which required supplemental traffic, noise, and air quality analysis. The City Manager was authorized to approve the amendment under City Council Policy F -3 because the increase was less than twenty five percent (25 %) of the amendment to the agreement approved by the City Council on May 24, 1999. Analysis The amendment is necessary to compensate the consultant for additional costs incurred during the preparation of the Newport Dunes Resort Environmental Impact Report (EIR). These additional costs were due to changes in the project design proposed by the applicant, which required additional technical studies and analysis by the consultant. Also, the City received an unusually large number of comments from the public on the draft EIR and drafting responses to these comments required additional studies and more time than was budgeted for in the original agreement. Finally, there were additional printing costs associated with these tasks. To address the costs associated with additional review and analysis and to complete the EIR, the applicant has agreed to pay an additional $12,900 in compensation to consultant. Submitted by: Prepared by: SHARON Z. WOOD PATRICK J. ALFORD Assistant City Manager Senior Planner Attachments: PSA AmendmentNo. 5. Newport Dunes PSA Amendment May 24, 1999 Page 2 . • AMENDMENT NO. 5 PROFESSIONAL SERVICES AGREEMENT Newport Dunes Environmental Impact Report THIS AMENDMENT NO. 4 TO CONSULTANT AGREEMENT, made and entered into this 25th day of January, 2000, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY') and LSA Associates. Inc., whose address is One Park Plaza. Suite 500, Newport Beach. California 92614 -5981 (hereinafter referred to as "CONSULTANT") is made with reference to the following: RECITALS: A. On September 28. 1998. a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT." B. On November 2. 1998, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1." C. On May 24. 1999, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 2." D. On November 17. 1999, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 3." E. On January 10. 2000, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 4." F. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO. 4, as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY THE CONSULTANT The Consultant's scope of services shall remain the same and shall be in full force and effect as set forth in AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2., AMENDMENT • NO. 3, and AMENDMENT NO, 4 i Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2., AMENDMENT NO. 3, and AMENDMENT NO. 4, shall remain the same and shall be in full force and effect. 2. COMPENSATION TO CONSULTANT Consultant's compensation shall be increased by twelve thousand, nine hundred dollars ($12,900.00) for all work performed in accordance with AGREEMENT, as amended by AMENDMENT NO. 1, AMENDMENT NO. 2, AMENDMENT NO. 3, and AMENDMENT NO.4 shall not exceed the total contract price of one hundred and fifty -four thousand, nine hundred dollars ($154,900.00). IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 5 on the date first above written. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, a municipal corporation Homer Bludau City Manager CONSULTANT BY: 2 Robert W. Balen LSA Associates, Inc. 0 7 0 AMENDMENT NO.3 PROFESSIONAL SERVICES AGREEMENT Newport Dunes Environmental Impact Report THIS AMENDMENT NO. 3 TO CONSULTANT AGREEMENT, made and entered into this Vth day of November, 1999, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LSA Associates, Inc., whose address is One Park Plaza, Suite 500, Newport Beach, California 92614 -5981 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On September 28, 1998, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT." B. On November 2. 1998. an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1." C. On May 24. 1999, an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 2." D. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as amended by AMENDMENT NO. 1 and AMENDMENT NO. 2, as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY THE CONSULTANT The Consultant's scope of services shall be amended to include that the Consultant will attend three (3) additional public meetings/hearings for a total of six (6) public meetings/hearings. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT, as amended by AMENDMENT NO. 1 AND AMENDMENT NO. 2., shall remain the same and shall be in full force and effect. I 9 0 2. COMPENSATION TO CONSULTANT Consultant's compensation shall be increased by twenty -two thousand dollars ($22,00.00) for all work performed in accordance with AGREEMENT, as amended by AMENDMENT NO. 1 and AMENDMENT NO. 2, and for additional work associated with the completion of Task 4 as described Exhibit "A," attached hereto and incorporated herein by reference, shall not exceed the total contract price of one hundred and thirty - six thousand dollars ($136,000.00). IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3 on the date first above written. QW&O � . • - ATTEST: LaVonne Harkless City Clerk 2 CITY OF NEWPORT BEACH, a municipal corporation BY: 944W Z—AAIS i Homer Blu au City Manager CONSULTANT BY: A"' /T / �,— Robert H. McCann LSA Associates, Inc. o :4- Cep- - C -3x35 AMENDMENT NO.2 PROFESSIONAL SERVICES AGREEMENT Newport Dunes Environmental Impact Report THIS AMENDMENT NO. 2 TO CONSULTANT AGREEMENT, made and entered into this 24th day of May, 1999, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LSA Associates. Inc., whose address One Park Plaza, Suite 500, Newport Beach, California 92614 -5981 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On September 28. 1998, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT." B. On November 2. 1998. an amendment to the AGREEMENT was executed by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1." C. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as amended by AMENDMENT NO. 1, as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY THE CONSULTANT The Consultant's scope of services shall remain the same and shall be in full force and effect as set forth in AGREEMENT, as amended by AMENDMENT NO. 1. I 2. COMPENSATION TO CONSULTANT Consultant's compensation shall be increased by seventeen thousand dollars ($17,00.00) for all work performed in accordance with AGREEMENT, as amended by AMENDMENT NO. 1, and shall not exceed the total contract price of one hundred and fourteen thousand dollars ($114,000.00). IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS AO FORM: Ao��— Robin Clauson Assistant City Attorney ATTEST: &h,y z� J-kr) . �.larQ9:2 LaVonne Harkless City Clerk T\ CITY OF NEWPORT BEACH, a municipal corporation BY: ,w/ 'Homer Bludau City Manager CONSULTANT BY: /14/ "4/ Rnhet - W -Balea Robert H. McCann USA- Associates, Inc. 0 CITY OF NEWPBEACH COMMUNM AND OMIC DEVELOPMENT PLANNING DEPARTMENT 3" NEWPORT BOULEVARD NEWPORT BEACH, CA 0655 (949) 644-5 FAX (949) 644-5 Hearing D Agenda Item No.: Staff Person: May 24, 1999 15 Patrick J. Alford REPORT TO THE MAYOR AND CITY COUNCIL MAY 2 4, SUBJECT: Newport Dunes Hotel and Time -Share Resort Environmental �L SUMMARY: An amendment to the professional services agreement for consulting services to prepare an environmental impact report for the Newport Dunes Hotel and Time - Share Resort project. SUGGESTED ACTION: Approve the amendment to the professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Hotel and Time -Share Resort project. Background On September 28, 1998, the City Council approved a professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Hotel and Time - Share Resort project. The agreement set the costs for these services at $79,500.00. On October 21, 1998, the Acting City Manager approved an amendment to the agreement. The amendment was necessary to expand the scope of work to address new water quality issues and to provide an additional $17,500 in compensation to the consultant. The Acting City Manager was authorized to approve the amendment under City Council Policy F -3 because the increase was less than twenty five percent (25 %) of the original agreement. On April 23, 1999, the Planning Department received a budget augment request from the consultant for an additional $17,000. This request, along with the previous amendment, would exceed twenty five percent (25%) of the original agreement and must be submitted to the City Council for approval pursuant to City Council Policy F -3. Analysis The amendment is necessary to compensate the consultant for additional costs incurred during the preparation of the Newport Dunes Hotel and Time -Share Resort Environmental Impact Report (EIR). Additional work was required by the consultant because of revisions to some of the technical studies that occurred after the awarding of the original contract. Also, the applicant has continued to refine the planned community development regulations and the design guidelines proposed for the project. This required additional review and analysis by the consultant that was not provided for in the original contract. Based on community input received when the project was first submitted for public comments, it was determined that additional traffic and parking analysis was necessary. The City's traffic consultant was directed to provide additional data and analysis on traffic generation and parking demand associated with weekend activities and special events and functions that may be conducted on the project site. This new information, in turn, required revisions to the noise analysis and air quality analysis, since both of these studies are based on estimated traffic volumes. The consultant's original budget estimates were based on the assumption that traffic, noise, and air quality technical studies were complete. The additional review and analysis of these technical studies required significant rewriting of the corresponding sections of the EIR that resulted in cost overruns. The applicant also experienced difficulty in preparing the planned community development regulations for the project. On his own volition, the applicant hired a new consultant to prepare the draft regulations and to add a set of design guidelines. This resulted in considerable delay in the submission of the final draft document. The late submission of the development regulations and the addition of design guidelines required the consultant to make significant revisions to the project description, land use, and visual quality sections of the EIR. These revisions were not anticipated in the original budget estimates and resulted in additional cost overruns. To address the costs associated with additional review and analysis and to complete the EIR, the City, the consultant, and the applicant have agreed to provide an additional $17,000 in compensation to consultant. This will bring the total contract cost of the EIR to $114,000. The applicant is responsible for the full cost of the EIR. 0 Submitted by: Prepared by: SHARON Z. WOOD PATRICK J. ALFORD Assistant City Manager Senior Planner ;Joel Attachments: PSA adment No. 2. Newport Dunce PSA Amendment May 24, 1999 Page 2 0 AMENDMENT NO.2 PROFESSIONAL SERVICES AGREEMENT ! Newport Dunes Environmental Impact Report THIS AMENDMENT NO. 2 TO CONSULTANT AGREEMENT, made and entered into this 24th day of May, 1999, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LSA Associates. Inc., whose address is One Park Plaza, Suite 500, Newport Beach, California 92614 -5981 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On September 28. 1998. a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT.". ! B. On November 2.1998, an amendment to the AGREEMENT was executed 1] by CITY AND CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1." C. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as amended by AMENDMENT NO. 1, as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY THE CONSULTANT The Consultant's scope of services shall remain the same and shall be in full force and effect as set forth in AGREEMENT, as amended by AMENDMENT NO. 1. i 3 0 0 2. COMPENSATION TO CONSULTANT Consultant's compensation shall be increased by seventeen thousand dollars ($17,00.00) for all work performed in accordance with AGREEMENT, as amended by AMENDMENT NO. 1, and shall not exceed the total contract price of one hundred and fourteen thousand dollars ($114,000.00). IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk 2 CITY OF NEWPORT BEACH, a municipal corporation AW Homer Bludau City Manager CONSULTANT MM Robert W. Balen LSA Associates, Inc. q 0 LJ C 3a35 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT Newport Dunes Environmental Impact Report THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this 2nd day of November, 1998, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and LSA Associates, Inc., whose address One Park Plaza, Suite 500, Newport Beach, California 92614 -5981 thereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On September 28, 1998. a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT." B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY THE CONSULTANT The Consultant's scope of services shall be amended to include the duties set forth in Exhibit 'A" attached hereto and incorporated herein by reference. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. 2. COMPENSATION TO CONSULTANT Consultant's compensation shall be increased by seventeen thousand, five hundred dollars ($17,500.00) for all work performed in accordance with the 1 0 AGREEMENT as amended in Paragraph 1 and shall not exceed the total contract price of ninety -seven thousand dollars ($97,000.00). IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APP S TO FORM: Robin Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY:/iv.� c� Dennis Danner Acting City Manager CONSULTa4MT o LSA Associates, Inc. Principals RDfI Men Sena Brady Lct Card D.: ..:d Clom Ro;s Dobberteen Gnmhohn R(d:ard H:oircher Roger H.mn Ar: Humrigbaasen Lam Kennings L,t:,ra Latler C ,olhm Lobdl 8:2.11a vet Rou .tfcC.+nn .i•::Lmny Petrns Rcb Schonbolrz .I;.dm(m J. .Sprotrl .i,; ocea re, Ja -n's Ba:un Can.ae cart, Nc'en 1f: Conkling G.:rr D,,» Jack Easton Ra ,,,d Erickson Ke: in Pincher C:nr Kett,," & w,,n Lec J:,Jirb H. ilabonw .S.. bnna Airholls Jl. 1[i "Bi11" O'Conccil Deh,nah Pracillin .i nm skew e; -cox Liners, stanthin,t 01 tt dson Lloyd B. iota LIJL 1 >•'• '•' DEPARThiEN =:i 10 U8 PM 718,91-4 0111,12,11213141516 October 16, 1998 Patrick Alford, Senior Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 LSA Associates, Inc. E=ironmental Analysis Transportation Engineenng Biology and Wetlands Habitat Restoration Resource -Management Community and Land Pun..:ng Landscape Architeaure Arcbaeology and P,Ieonmd ,, Subject: Revised Scope of Work and Budget Augment to Address New- port Dunes Hotel Water Quality Issues Dear Patrick: Thank you for attending last Thursday.s meeting at John M. Tettemer Associates to discuss water quality issues related to preparation of the Newport Dunes Hotel Environmental Impact Report_ At the meeting, we discussed how to address the concerns raised by the Orange County and the Regional Water Quality Control Board. It was decided that Tettemer Associates would be retained under contract with LSA Associates, Inc. (LSA) to respond to these concerns. As this work is not included in our current scope of work, the pro- ject scope of work and budget must be revised accordingly. The work to be conducted is outlined below, and is more specifically described in the attached proposal from Tettemer Associates: A review of past water quality studies, hydrologic and hydraulic analy- ses, and other related studies related to the Newport Bay. Preparation of a Drainage Water Quality Management Plan that summa- rizes the literature review and highlights the structural and non- struc- tural Best Management Practices (BMPs) for managing water pollutants generated by the site. This material will be used in the environmental analysis section of the EIR. and will also be included as an attachment to the document. TettemerAssociates proposes to complete the above tasks within four weeks of the authorization date for a cost not to exceed $14,500. Their proposal is attached. LSA will work with Tettemer Associates to prepare these materials, as outlined in their proposal. In order to assist Tettemer Associates, oversee the work, and cover costs already incurred related to this issue, including our October 8, 1998, meeting, it is estimated that this will result in an additional $3,000 in LSA labor time in excess of our previous budget. 10/ 1698 «P:\CNW34\BUDGE PHYDROAt'G.LTR- Otte Park Plaza, Suite 500 Telert -one 949 Other ol:fires located in Berkeley (vine, California 92614-59 81 facsimile 949 5 55 -; : -n Pt. Richmond, Riversid4a+rrt_SaaarT"A" f- mailir•irr.sa�JU- _:::.:cm NiiXj-j1�11SS��,.�1 0 • LSA.isux�:e, Inc. Therefore, the total estimate for completion of the above tasks for the Newport Dunes Hotel Environmental Impact Report is $17.500. In order to begin this work, your authorization for these additional expenses would be appreciated at your earliest convenience. Please call either Rob Balen or me at (949) 553 -0666 if you have any questions regarding the above tasks or the budgets associated with them. Sincerely, LSA ASSOCIATES, INC. Steven D. Ross, AICP Project Manager Attachments 10/1698KP: \CNB834 BLt)GFrHMR0AL'G.LTR- EXHIBIT "A" 2 A 2E6;b2f JannrerrereaenssoaAresua October 14, 1998 Orv6 On p! @ Prp COm111— Mr. Rob Balen LSA Associates, Inc. One Park Plaza, Suite 500 Irvine, CA. 92614 Dear Rob: e^- .; `F, IQa$ This letter presents our Scope of Work and Fee Estimate to develop and prepare a Drainage Water Quality Management Plan ( DWQMP) for the Newport Dunes Hotel project. We propose to evaluate and recommend, in our DWQMP report, appropriate structural and non- structural Best Management Practices (BMPs). Such BMPs will be based on the County's Drainage Area Management Plan criteria and will be sufficient to mitigate project pollutants to the maximum extent practical. The DWQMP will be part of the Environmental Impact Report your office is currently preparing for the subject project. Our Scope of Work and fee estimate is enclosed for your review. Our total estimated fee is $14,500. We propose to bill on a time and materials basis in accordance with the attached fee schedule. We will not exceed our estimated total fee without your advance approval. We are available to review our Scope of Work with you at your convenience. We appreciate the opporbmity to work with you on this challenging project. Should you have any questions, please feel free to call me or Alan Swanson. Sincerely, Max Vahid� President AS /pf Enclosures cc: Mr. Patrick Alford, City of Newport Beach ENGINEERING MANAGEMENT "MMIMG 5151 Airway Avenue, Suite Q -1 Costa Mesa, California 92626 714 434.9080 • FAX 714 434 -6120 • Email jmta@pacbell.net EXHIBIT "A" John M. Tettemer & Associates, Inc. Newport Dunes Hotel Preparation of Drainage Water Quality Management Plan Scope of Work and Fee Estimate This Scope of Work identifies the individual Tasks and estimated fees to prepare a Drainage Water Quality Management Plan (DWQMP) for the proposed Newport Dunes Hotel. The DQWMP will be prepared in accordance with the standard format as described in the County of Orange Drainage Area Management Plan (DAMP) criteria or revised as per the City of Newport Beach requirements. The tasks and estimated fees are as identified below. Task Estimated No. Description Fee Data Collection and Review This task provides for collection and review of available data, including the following: • Hydrologic and Hydraulic Analyses • Site Development Plan(s) • Existing drainage conditions • Applicable structural Best Management Practices (BMPs) for this site • Water quality reports and related in -bay and in- lagoon studies • OCEMA related files • Other related information such as previous development agreements and related water quality conditions $ 2,270 2. Development of Structural and Non-Structmal BMPs; for the $ 3,960 Hotel site This task provides for the identification of specific on -site structural BMPs which will mitigate, to the maximum extent practical, the generation of pollutants from the project area. This task also provides for the identification of non - structural BMP's which will be specifically applicable to the site. Activities within this task will utilize the results of Task No. I to select those structural BMP's which represent the current state -of- the -art in control and management of pollutants commonly generated from similar commercial sites. EXHIBIT "A" 01" AS169SM • • Task Estimated No. Description Fee 3. Prepare DWQMP Report $ 6,060 This task provides for preparing the draft and final DWQMP reports in the appropriate format. The text will summarize the development of applicable structural and non - structural BMPs and will include graphics showing the siting of the structural BMP's based on the most current conceptual site plan The intended purpose of each BMP will be described in the report. This task includes incorporating appropriate comments received by the County of Orange, City of Newport Beach and LSA Associates, Inc. (LSA) into the final report. 4. Review of EIR Documentation $ 445 This task provides for a review and preparation of written comments on water quality related text prepared by LSA. It is estimated that a total of four hours of Project Manager and 1 hour of Administrative Assistant time will be required for this task. 5. Meetings $ 1,180 This task provides for four anticipated team meetings identified as follows: • One coordination/data gathering meeting with Adams Streeter Civil Engineers, Inc. • Two coordination/progress meetings with LSA • One meeting with the Project Team Meetings will be attended by JMTA's assigned Project Manager and the Project Engineer. Estimated fees are based on 1 hour of preparation by the Project Engineer and 1 hour of meeting time by both Project Manager and the Project Engineer for each of the four meetings. 6. Reimbursable Expenses $ 400 This task provides for finding reimbursable costs such as identified on the attached fee schedule. Total Estimated Fee $14,315 Say $14,500 EXHIBIT "A" oie. ASINsow a • JOHN M. TET UMER & ASSOCIATES, INC. A Division of The Keith Companies, Inc. Principal S 130.00 Senior Project Manager $ 110.00 Project Manager S 100.00 Project Engineer S 95.00 - Director, Environmental Services S 94.00 Assistant Project Engineer /Manager S 85.00 Design Engineer S 70.00 Environmental Services Staff S 70.00 CADD Designer S 65.00 Draftsman/Environmental Planner S 50.00 Administrative Assistant S 45.00 Expenses such as special project supplies and materials; food, lodging and transportation (other than auto mileage) for time away from the area of our office; telephone; outside reproduction; courier /express mail; and other costs directly applicable to the project will be charged at cast. Auto mileage will be charged at $0.325 per mile. Computer processing time will be charged at $19.00 per hour. Normal xeroxing will be charged at $0.06 per page. 2510 Xerox will be charged at $0.50 per square foot for bond, $0.75 per square foot for vellum, and $1.50 per square foot for mylar. CADD plotting will be charged at 52.00 per square foot for bond, $2.25 per square foot for vellum, and $4.50 per square foot for mylar. Fax transmittals will be charged at $1.00 per page. 0 • C -Rw PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 28"' day of September, 1998, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and LSA Associates, Inc. whose address is One Park Plaza, Suite 500, Irvine, California, 92614, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City intends to prepare and process an environmental impact report for the Newport Dunes Resort ( "Project'). C. City desires to engage Consultant to provide environmental services for the project upon the terms and conditions contained in this Agreement. D. The principal member of Consultant, are for purpose of this Project, Mr. Robert W. Balen. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of October,1998, and shall terminate when the City Council takes final action on the environmental impact report, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 1 0 0 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates, attached hereto as Exhibit "A" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the.total contract price of seventy-nine thousand, five hundred dollars ($79,500.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with Exhibit "A ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with the community professional 2 0 0 standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Mr. Robert W. Balen to be its Project Manager. Consultant shall not remove or reassign the principal members identified in the Recitals or assign any new or replacement person to the Project without the prior written consent of City. City s approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of Cityi shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. K: 0 0 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each parry hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11. PROGRESS Consultant is responsible to keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 4 • 41 12. HOLD HARMLESS Consultant shall indemnity, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from -any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance .covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial .general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of one million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage. 5 • 46 D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either parry, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City s sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and I i 0 City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to, and upon request of Consultant, one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Planning Department. Patricia Temple, Planning Director shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven 7 • 0 percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: L • • MArsx;arex I=. LSA ASSOCIATES, INC. CONFLICT OF INTEREST LIST Rob Balen Santa Ana Unified School District School District Board of Trustees 12/1/89 to 12/31/98 0Z'2 960AVALEMV"EMGNFLJCr.1S ) • • City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3200 (Voice) (949) 644 -3229 (Fax) All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: LSA Associates, Inc. One Park Plaza, Suite 500 Irvine, CA 92614 (949) 553 -0666 (Voice) (949) 544 -3067 (Fax) 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that parry shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting parry written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and e7 0 0 agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin lauson Assistant City Attorney for the City of Newport Beach ATTEST: By: /�` <`c 7 nL m . �_llcrf2J� LaVonne Harkless City Clerk 08 -18-98 CITY OF NEWPORT BEACH A Municipal C rp ration By: Mayor Thomas Edwards for the City of Newport Beach CONSULTANT By: z" // � C�--- -- 10 PROPOSAL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR NEWPORT DUNES HOTEL September 18, 1998 Prepared for. City of Newport Beacb 0 PROPOSAL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR NEWPORT DUNES HOTEL September 18, 1998 Prepared for. City of Newport Beacb Attu Mr. Patrick Alford Prepared by: LSAAsmciateg Inc- ] Park Plaza, Suite 500 hvine, California 92714 (714) 553.06W . • LS4 Atrodate% I= PAGE SECTION 1.0 SCOPE OF SERVICES . ............................... 1 PROJECT APPROACH .............. ..............................1 Task 1: Project Initiation ..... .............................. 1 Task 2: Initial Study/Environmental Checklist/Notice of Preparation . 1 Task 3: Screencheck EIR .... ............................... 1 Task 4: Draft EIR .......... ............................... 2 Task 5: Final EIR .......... ............................... 2 PROJECT NANAGEMENT/ATTENDANCE AT MEETINGS ................ 3 PRODUCTS ...................... ..............................4 SPECIFICATIONS REGARDING WORK TO BE DONE BY CONSULTANT AND WORK TO BE DONE BY THE CITY ....................... 4 TECHNICAL APPROACHMMODOLOGY ...........................5 Traffic Analysis ............ ............................... 5 Air Quality and Noise Impact Assessment ...................... 5 LandUse .................. ..............................5 Recreation/Access and Coastal Act Consistency .................. 6 Public Services/Energy/Utilities .............................. 6 Consistency with Water Resource Management Plans ............. 6 Hydrology................. ..............................6 Biological Resources ........ ..............................7 Potential Hazards Associated with Grading ..................... 7 Aesthetic and Visual Impact Analysis .......................... 7 Cumulative Impacts ........ ............................... 9 Growth Inducing Impacts ... ............................... 9 Effects Found Not to be Significant ........................... 9 Alternatives ................ ..............................9 SECTION 2.0 BUDGET .......... ............................... 10 SECTION 3.0 PROPOSED PROJECT SCHEDULE ...................... 10 A'TPACEINOMS A - Schedule of Contract Provisions and Billing Rates B - Proposed Project Schedule 9n7i9W:VZW634V&'WF0RTYR0* iii SECTION 1.0 SCOPE OF SERVICES This scope of work is to prepare a Focused Environmental Impact Report (EIR) for the Newport Dunes Hotel in the City of Newport Beach. The work effort will include the following tasks. PROJECTAPPROACH Task 1: Project Initiation LSA will meet with City Planning Department staff to define and finalize the project description, develop a mutual understanding of the issues and impacts of the project, and refine the level of detail required in the EIR LSA proposes to incorporate as much of the analysis in the previously prepared Negative Declaration as possible During the project initiation task, LSA will review existing information and the Initial Study and Notice of Preparation with City staff to focus on the issues necessary to cover in the EIR, prior to proceeding with detailed document preparation (Tasks 3 and 4). This will include more specific details to be added to the description of alternatives to be analyzed. During this phase, it is also important to establish clear and concise project objectives. Project benefits and City objectives for the project should be intro- duced into the public record in the EIR, as provided by CEQA These project objectives will be used throughout the EIR to measure impacts and weigh project alternatives. In addition, overriding considerations may be required that will need to address project objectives. Task 2: Initial Study /Environmental Cbeckliwlfttice of Preparation LSA will review the Notice of Preparation (NOP) prepared by the City for the proposed project. The NOP can be used to help focus the issues to be ad- dressed in the EIR and the reasons and rationale for excluding environmental topics from further analysis in the EIR The NOP contains a description of the analysis to be provided in the EIR, and the reasons for determining that some effects would not be significant. Task 3: Screencbeek EIR LSA will prepare a Scrcencheck EIR for review by the City. The detailed tech- nical investigations and methodologies for each environmental topic are de- scribed in further detail later in this proposal. The document will contain all applicable environmental components required by CEQA, including Introduction, Background, Project Description/ Characteristics and Discretionary Approvals; Setting, Impacts, and Mitigation and CEQA topics (i.e., Growth Inducement), Alternatives, and lists of referenc- 9mM%F --\ NB&%WEWPOR7.PR0» El • Lt4.4fJOdates. hw. es, persons consulted, and Ent preparers. The Screencheck that is submitted to the City will not include an Executive Summary Section, so as to save time on the schedule and avoid redundant reviews. After this review and approval of the Screencheck is accomplished, a second Screencheck document, with the Executive Summary included, will be provided to the City for final review. Task 4: Drq# EIR LSA will meet in a workshop format with City departments to receive comments on the Screencheck Draft EIR. Rob Balm Principal in Charge, will attend this workshop. This meeting will provide a clear understanding of the City's expectations for the Draft EIR and will provide a forum to resolve all issues in an expedited manner that will avoid multiple rounds of review, correction, and re- review. Aker receiving comments on the Screencheck Draft EIR, the LSA team will make necessary revisions to the document and supporting technical studies. We will provide a pre -print version of the Draft EIR to the staff for a limited final review prior to printing the Draft EIR The purpose of this review will be to review the Draft EIR to ensure that the City is satisfied with the new and revised text. At the pre-print stage, no substantive changes to technical analyses or EIR conclusions are provided for in the schedule or budget Prior to completion of the Draft EIR, LSA will work with the City to compile the distribution list, and will prepare a draft Notice of Completion for City review and signature. Concurrent with preparation and printing of the Draft EIR, LSA will prepare mailing envelopes and certified mail forms (a total of up to 20 is specified). LSA will utilize a delivery service or Federal Express to ensure that State Clearinghouse copies are clocked in on schedule. If necessary, LSA Sacra- mento staff will deliver copies directly to the Clearinghouse in order to meet the proposed schedule. LSA will distribute the Draft EIR (20 copies to be distributed by LSA) to the agencies, groups, and individuals on the distribution list. Ten copies for the City's use and placement in libraries will be delivered to City Hall. A Notice of Availability of the Draft EIR will be provided to the City for place- ment in one general circulation newspaper. LSA will provide a photo ready dis- play ad to the City. Task 5. Final EM Response to Commenft Proposed Final EIR As comments on the Draft EIR are received during the public review period, LSA will prepare responses to those comments. City assistance is specified in this task. The responses will be assembled into the response to comments component of the Final EIR and submitted to the City for review. Because the 9n7,984W:VCNW34VMWPOaT.FBO• s LSA w- extent of public and agency comments are not known at this time, it is ex- tremely difficult to accurately predict the level of effort necessary to respond to those comments. A maximum of 40 LSA staff hours it specified for this task. Should additional time be necessary to prepare responses to comments, a budget adjustment may be necessary. Following City review of responses to comments, LSA will prepare a proposed Final EIR, which will consist of responses to comments and supporting appendices material, as well as any modifications that may need to be made to the Draft EIR document, specified to be accomplished through preparation of an errata or addendum document, if deemed necessary by mutual agreement of LSA and the City. A revision of the Draft EIR that incorporates corrections/ modifications resulting from the Responses to Comments is not provided for in this scope of work and budget. Mitigation Monitoring Program Once the Draft EIR is distributed, pursuant to California Public Resources Code Section 21081.6, LSA will prepare a mitigation monitoring program. The moni- toring program is intended to ensure that conditions are implemented during construction. The monitoring program will contain an inventory of mitigation measures, timing for implementation (e.g., prior to issuance of grading per- mits), the responsible City staff assigned to monitor the condition, and a com- pliance/non -compliance statement. Findings of Fact; Statement of Overriding Considerations LSA will prepare findings of fact supporting the conclusions of the proposed Final EIR to be incorporated into a resolution certifying the Final EIR as ade- quate and complete. If the EIR identifies significant unavoidable impacts, LSA will also prepare a Statement of Overriding Considerations. These documents will be pattemed after existing City documents, will meet the requirements contained in Sections 15091 through 15093 of the State CEQA Guidelines, and will fully address all facts and findings, project benefits, and project impact and benefit balancing considerations required of a statement of overriding consider- ations. PROJECT MANAGEMENT /ATTENDANCE AT MEEI7NGS LSA proposes an active project management of the EIR effort, in coordination with City stafE LSA will follow our well defined and rigorous Quality Control Plan and Procedures adopted by our Principals in October, 1993. Of primary importance in this task are meetings required with City staff and representatives of the applicant to review work progress and identify concerns and issues throughout the process. The project management role provides a mechanism to ensure that there is adequate exchange of information developed during project start -up and throughout preparation of the EIR Important elements of this task will be to maintain the project schedule, control the budget' coordi- 9/17M-PXKM34WE' WPORT.PRW PRODUCTS ,i rs,.,s=a arm r,- nate subconsultants, and facilitate the Citys oversight of the preparation of the DEIR and FOR. Since there is a substantial amount of information that is avail- able under the previous environmental work effort, the number of coordina- tion meetings that would be required is greatly reduced. LSA specifies no more than four coordination meetings, averaging two hours duration. LSA commits that a qualified Associate or Principal will be available for con- tracted meetings and hearings. The Project Manager and Principal in Charge, Mr. Rob Balen, will attend up to three public meetings/hearings and the speci- fied coordination meetings. Mr. Balen has a conflict on the second and fourth Tuesdays of each month through November 30, 1998, and is not available on these days. • Screencheck Draft EIR/ Appendices • Pre-print Draft EIR • Daft EIR • Notice of Availability of Draft EIR • Proposed Response to Comments • Proposed Final EIR (RTC, Er- rata and Draft EIR) • Findings of Fact/Statement of Overriding Considerations • Notice of Determination 5 copies S copies I camera ready and 10 copies for City; 20 copies of DEIR, including appendices for LSA distribution 1 photo ready copy announcing availability of Draft EIR for public review S copies for the City 1 camera ready copy for City; 20 copies for LSA distribution to com- menting agencies and individuals and 30 for City distribution 1 camera ready copy for City use 2 copies filed with County Clerk and 1 copy for OPR SPECIFICATIONS REGARDING WORK T'O BE DONE BYCONSLYLTANT AND WORK TO BE DONE BY HM CITY Our proposal is based upon the following information, data and materials being supplied to LSA by the City of Newport Beach or the developer. 1. Detailed project description for all aspects of the project, including site plans, elevation perspectives, access details (including resolution of Bayside Drive access and bicycle lane issues), and on -site circulation and parking analysis requirements, as approved by the City. 9n7A8•P: cN804wewrosr.rao. • 0 LUASSOC(a/e& Inc 2. Geotechnical studies and other relevant seismic information for the area, including precise mapping of Alquist -Priolo Special Study Zone area and liquefaction areas. 3. City approved hydrology reports and drainage plans. 4. City adopted project plans and EIRs for projects in the area. 5. An aerial photo of the project site and surrounding land uses. 6. On -site and off -site infrastructure improvement plan. 7. Project elevation perspectives, cross sections, and view simulations. 8. Detailed lighting plan including shade types, elevation of pole lighting and placement of wall security lighting. TECHNICAL APPROACH /METHODOLOGY The methodology for addressing each environmental topic is described below. Trcffic Analysis LSA will rely on a technical traffic analysis and parking demand study report prepared by Wes Pringle Associates, already under contract to the City's Public Works Department. We will review the report for completeness and adequacy for CEQA purposes and summarize the technical report for use in the EIR. Air Quality and Noise Impact Assessment Land Use LSA will rely on a technical analysis of regional and local air quality impacts prepared by Mestre Greve Associates, submitted with this EIR scope of work as an attachment. We will summarize the report for use in the EIR LSA will utilize a technical noise impact analysis report to be produced by Mestre Greve Associates. The application of the City (County) Noise Ordinance to control construction noise will be discussed. We will summarize the techni- cal report for inclusion in the EIR. LSA will administer the contract with Mestre Greve Associates on behalf of the City. There are two basic land use/environmental compatibility issues associated with the project: 1) conversion of underutilized properties to commercial hotel uses; and 2) compatibility of intensified land uses with nearby uses. Consis- tency with the City's General Plan goals and objectives, and the City's zoning requirements will also be assessed. LSA will assess the effects of the project on 9n7MWP -.224 s3flxErPORr.PRO* 5 • ! LSA Asrodarrx,,w- the City's development strategies and land use compatibility policies included in the General Plan. Recreation /Access and Coastal Act Consistency The change from partial public access and use as a recreational vehicle park to hotel use will be assessed. Because there is no firm methodology for such an analysis, ISA will draw on available information (such as recreational vehicle use from the traffic study) and public use factors to prepare this analysis. Information and policies from the LCP and Coastal Act requirements will also be utilized in the analysis. Consistency with the California Coastal Act will also be assessed. Public 5erutcesJBnergy/Utillttes This section will be based upon public service agencies' and utility providers' responses to the NOP and direct surveys of service providers by LSA. The ability of each agency and utility to provide necessary service will be described. Capacity of the City's water and sewer Master Plans will be described in relation to anticipated growth in the project area. Consistency u*b Water Resource Management Plans Er,Tj Pursuant to Sections 10910 -10915 of the State Water Code, all affected water purveyors must be notified of a proposed project that requites a General Plan amendment and asked whether water demand associated with the proposed project has been included and assessed in the water purveyors' "urban water management plans." According to Section 10910(1), water purveyors are given 30 days to provide a written response to this request. LSA will contact the responsible water purveyor to request a written response regarding capacity to serve the proposed project. Once LSA has received this information, it will be incorporated into the E1 L LSA will summarize the findings of a hydrology /drainage assessment provided by the project applicant and recommendations identified in the assessment to mitigate potential hydrological, drainage, and soil erosion impacts. LSA will coordinate with the developer's hydrologist to obtain appropriate water quality analysis and develop mitigation related to urban runo% nuisance flows, and "first flush" storm event effects of drainage entering Upper Newport Bay. LSA will incorporate this information after City review and acceptance of the devel- oper's report. 9n7/96WP- XNB$34VEWP0RTYRO» n L� Biological Resources • LSA Arwctater,1. LSA will use a technical biological resources impact assessment report prepared by Pacific Southwest Biological Services to prepare a section for the ERL We will report the professional opinions and conclusions included in the report regarding the environmental impacts to the terrestrial and aquatic resources affected by the project, if any. LSA will perform peer review of the report prior to inclusion into the EIR to assure completeness and adequacy for CEQA pur- poses. The OR will not address removal of the existing dredging fill or any site remediation. It will be acknowledged that, in order to develop the hotel, the site will need to be cleared and excavated, but such clearance is a separate action, not part of the proposed project, and the grading and removal of dredge material has been accomplished or will be finished prior to initiation of development. Aesthetic and Visual Impact Analysis The existing visual character of the project site will be defined based on site reconnaissance, site photos and definition of distance zones and descriptive visual characteristics for the project site. LSA will utilize the existing site eleva- tions and view simulations. However, it is our opinion that the information supplied in the Negative Declaration should be supplemented with cross sec- tions and additional view analyses from closer points of view. LSA will coordi- nate the City's request to the applicant for this additional technical information. The location of possible additional representative existing views from the site and onto the project site from visual receptors will be determined jointly with the City and the applicant. Composite photographs, perspective drawings, sight line exhibits, cross section exhibits, and photographic simulations shall be provided by the applicant, as directed by the City. These photographs and materials will be analysed based on the following distance zones and descrip- tive visual characteristics. Views of the project site will be analyzed by establishing three basic viewing distance zones. These distance zones characterize the dominant visual charac- ter from a vantage point, and describe the view in terms that can be quantified and compared. 9n7N8�P:\aM34W@9PORr.PRO* 7 tst Associates; r,.e u Foreground Foreground views include elements that can be seen at a dose distance and that dominate the entire view. Middle Ground Middle ground views include elements that can be seen at a moderate distance and that partially dominate the view. Background views include elements that are seen at a long distance and typi- cally do not dominate the view, but are part of the overall visual composition of the view. Descriptive Visual Characteristics The visual characteristics of the existing project area, the surrounding areas and landforms near the project site will be categorized based on descriptive visual characteristics. These visual characteristics are defined by topographic condi- tions, vegetative cover, development intensity and land uses, as follows: urban, semi -urban and disturbed valley/foothiftay view. 7bresbold q(Sign#Uance for Visual Analysis Appendix G of the State CEQA Guidelines indicates that a project will normally have a significant effect on the environment if it will: Conflict with adopted environmental plans and goals of the community where it is located; and/or Have a substantial, demonstrable, negative aesthetic effect. In addition, the relationships between the severity of the impacts to specific visual characteristics, the location of the visual impacts relative to sensitive land uses, and the direct viewing opportunities associated with these visual impacts will be used to determine substantial aesthetic effect. Visual Impaa Analysis and Mltlgation Measures The visual impact analysis will utilize the. existing conditions described earlier in the report, and will allow an analysis of before and after conditions through the use of sight lines, cross sections, and photographic view simulations. The photographs will depict existing conditions in the study area. View simulations provided by the applicant will allow an examination of the visual effects of the 9/I7H8R AMBOMEWPOMPROr 8 0 • LMAssadara r� proposed project as viewed from key viewpoints selected by the City at the view intervals described above. Analysis of six views has been included in the budget. Cumulative Impacts The cumulative impacts of the project will be described, based upon potential projects in the vicinity. ISA will research potential cumulative projects and prepare a list. This list, along with other input from the City of Newport Beach's traffic consultant for cumulative traffic growth on the regional arterials will also be utilized. This information, in turn will provide input to the noise and air analysis. For other impacts, such as land use, coastal issues, marine biology, and aesthet- ics, a more focused cumulative project analysis will be conducted, based on reasonably foreseeable projects that might contribute to cumulative effects with the project. Growth Inducing Impacts The potential growth inducing aspects of the project may not be discussed in the EIR Given the developed nature of the surrounding area and the General Plans in the area, the project is not anticipated to result in growth inducement. LSA will further discuss the approach with City staff. Effects Found Not to be Sign(ftcant +rn Findings on effects found not to be significant will be prepared. This is a very important section in a Focused EIR. This section will bring forward the issues addressed in the Initial Study that are determined to have no significant impact, and will provide the rationale for not receiving full analysis in the MIL Based on our understanding of the project, this section will address the Initial Study (CEQA) Checklist items that are not analyzed more extensively in the EM For example, this could include the topics of population, growth inducing effects, and public health and safety impacts that may not be addressed further in the EIR. An alternatives analysis will be provided This section will analyze three project alternatives consistent with project objectives and plans.. The alternatives analyzed in the EIR will be alternatives that could avoid or lessen potentially significant impacts, and will include a General Plan build out alternative, an- other less intensive alternative that would include provisions for affordable overnight accommodations, possibly retaining all recreational vehicle spaces proposed to be removed by the proposed project and one design alternative. The EIR will also address a No Build Alternative. 9A7,9":\CNe934WEwroar. %OW 9 0 SEl:ll7ON 2.0 BUDGET 0 144.4twictrr Inc. Our proposed budget is in estimate based on our understanding of the project and the desired +rrvirrc This includes report preparation, reproduction, and diarribwtion. This budget is subject to adjustment based upon City of Newport Beach directives and scoping requimmcuts, as addressed in Task 1. wr. pru- pose to accomplish these tasks on an hourly basis subject to the attached rates and provisions in Atucbment A. 11b Amount will not be exceeded without your approval. Tank Fero Proposed I. Project Initiation (2,660 2. NOP/Initial Study Review $610 3. Screencheck ETR'City Review $34,815 4. Sub-consultants (air quality, noise, $ 13,000 and biological) 5. Draft EMNoticc of aw4abilits $7,300 6. Mb1RP $620 7. Final EIR (includes Response to cornmcntbAteaolution,Woticcs) $6,345 8. Project Management, Meetings & $5.77(1 Hearings Reimbursables' $8,380 EM Subtoral $79,5(x) GRAND Total $79.500 SECTION 3.0 PROPOSED PROJECT SCHEME The proposed project schedule is shown on Attachment B to this proposal. We recovdix that tiutt;ly cvwp[etion of this project is a very important factor. I Estimate based on Draft EIR cost of $'010 per copy. 97'9W:'CNU8141NUWMKrMK)w 10 • ATTACHMENT A . W Auodaln, Inc. SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES FEES FOR PROFESSIONAL SERVICES Fixed- -Fes Contracts If a fixed -fee proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided for the fixed fee noted in the Compensation and Terms section of the proposal. All other pro- fessional services are considered extra services. Extra services shall be provided on a time and expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance. Hourly Contracts If an hourly plus expenses proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided on a time basis at current hourly rates. These rates are as shown on a Rate Schedule that is attached or can be made available. Hourly rates are subject to review at least annually on or about July 1 each year, and may be adjusted to reflect changing labor costs at our discretion at that time. Out of pocket expenses shall be reimbursed at cost plus 10 %, unless other arrangements are made in advance, and are not included in the hourly fee for professional services. Out of pocket expenses include, but are not limited to, costs of 1) reproduction of reports and graphics furnished or prepared in connection with the work of the contract, 2) long distance telephone and telegraph charges, 3) laboratory services, 4) automobile travel at 31 centshnile, 5) truck travel at 46 cents /mile, 6) other travel, subsistence, vehicle rental, and lodging in connection with the work of the contract, T) fees of specialized con- sultants retained with the approval of the client and 8) facsimile transmittals at one dollar per page. The total estimated amount of time and expenses noted in the Compensation and Terms section of this proposal will serve as a control on the services to be provided The specified amount will not be exceeded without prior approval of the client. FREQUEWYOFBHlING Monthly invoices shall be submitted for progress payment based on work completed to date. Out of pocket expenses shall be billed on the same mon- thly invoice and shall be identified as a separate item. 9/r7.99«r tC NB834WEWPOBT.Pxo. PAYMENT OF ACCOUNTS 0 cu, fsodd:. an. Accounts are due and payable upon receipt of invoice. A service charge of lei% of the invoice amount (18% annual rate) may be applied to all accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. TERMINATION OF SERVICES These services may be terminated upon ten days written notice for good reason by either parry. In this event, payment for all services and expenses incurred prior to the date of termination shall be due and payable upon receipt of final invoice in accordance with the provisions of the foregoing section. REVOCATION If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise specified in the proposal. 9/1798*P:\CM34)hTWP01LT.PRO* 2 • • � 6ei.+.wema./r� HOURLY BILLING RATES • EFFECTIVE AUGUST, 1998' job Ctass{j?eatton Hourly Rate2 PRINCIPAL $100 -165 ASSOCIATE/PROJECT MANAGER $ 75 -130 ASSISTANT PROJECT MANAGER $ 50-85 PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST $ 45.80 ENVIRONMENTAL ANALYST/ASST. PUNNER/ASST. ENGINEER $ 40-70 FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGY/BIOLOGY) $ 45.60 RESEARCH ASSISTANT/fECHNICIAN $ 25 -50 FIELD CREW $ 20.45 GRAPHICS $ 65 OFFICE ASSISTANT $ 40 WORD PROCESSING $ 60 ' Revised August, 1998 2 The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $200 per hour regardless of job classification. 9MWPACNS834wewe0RT.rao• 3 • ATTACHMENT B PROPOSED PROJECT SCHEDULE 9/17/98wP.\0=34Wk19P08T.M*w I* ruMs. hw— NEWPORT DUNES HOTEL EIR SCHEDULE ID Task Name September October November December January February March April May 1 Screencheck EIR • Task 7 2 Traffic Technical Study (Wes Pringle) 3 Ak /Nolse Technical Studios (Maestro Grove) i ' `• 4 Bb. Resources Technical Study (pacific SSoultrwest) 6 Review of Technical Studies a Revisions to Technical Studies 7 visual Analysis a Meeting with Applicant/Architect ( i ' • 8 Visual Simulations by Applicant i [ i 10 Review of Simulations 11 Revisions to Simulations by Appllcord LSA Praparo EIR Sedlonrr 12 13 City Review of Preliminary SCEIR l i W t I `• i ' I 14 Revisions to Preliminary SCEIR 16 City Review of Final SCEIR 16 Prepare DEIR 17 DEIR Pdntinig/Distnbulion i 1l11t i 18 DEIR Public Review Period ! `I i j It Prepare Resporm to Comments 20 City Review of Response to Comments 21 Proposed FEIR/Flndings/Overriding Considerations 22 City Review of FEIR/Flndinga Overtldinp ConeWerotlons t 23 EOAC Meeting '• ` 2118 i 24 Planning Commission Meeting 3123 26 City Council Meeting Project Newport Dunes Nolel Teak Mlleatone Summary Date: 9 /10/98 vounwwnuv i ..n-...wrvil VV , VILLS,SCHEDVL MPP Pagel ta6`x'?ORT � u �g CITY OF NEWT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 330 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-32M FAX (949) 644-5250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL ,tea -IS September 28, 1998 13 Patrick J. Alford (949) 644 -3235 7-3M SUBJECT: Proposal for Newport Dunes Resort Environmental SUMMARY: A professional services agreement for consulting ser4ieeh-1 environmental impact report for the Newport Dunes Resort project. SUGGESTED ACTION: Approve the professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Resort project. Background The initial study for the Newport Dunes Resort project identified potentially! significant adverse environmental impacts that could be reduced to a level of insignificance with mitigation measures. A draft mitigated negative declaration was then prepared and distributed for public review in June 1998. •However, based on comments received from responsible and trustee agencies and the public during the public review period for the draft mitigated negative declaration, it was determined that an environmental impact report should be prepared. Analysis The Planning Department has received a proposal from LSA Associates to provide research and analysis for the preparation of an environmental impact report (EIR) for the Newport Dunes Resort project. The proposal sets the costs for these services at $79,500.00. City Council Policy F -14 specifies that contracts in excess of $30,000.00 must be submitted to the City Council for approval before the contract is awarded. The proposal contains a scope of work, project schedule, and a cost breakdown for the EIR. The preparation of the EIR includes an analysis of environmental impacts; mitigation measures, and reasonable project alternatives and the preparation of responses to comments. The scope of work also includes meetings with staff and attendance at meetings of the Environmental Quality Affairs Committee (EQAC), Planning Commission and the City Council. The project schedule estimates completion of the final EIR by March 1999. The final EIR is the document that will be submitted to the Planning Commission and City Council for review and approval. The final EIR includes responses to comments received during the required forty - five - -(45) day public review period. • The fee for these environmental services is "not to exceed" $79,500.00. The fee includes the cost of subconsultant studies of potential noise, air quality and biological impacts. The fee also includes the printing costs for the draft EIR and the final EIR. 0 The Planning Department has reviewed the proposal and determined that the services that will be provided meet or exceed the minimum requirements set forth by the California Environmental Quality • Act. Should the City Council approve the proposal, the applicant will pay for the costs for the EIR plus an administrative fee covering the time spent by City staff on preparing and processing the EIR. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: PATRICK J. ALFORD Senior Planner Attachment: Proposal from LSA Associates for the Newport Dunes Resort EIR. GPA 98 -2 (B) August 24, 1998 Page 2 � 1 L J r� LJ PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this _day of October, 1998, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and LSA Associates, Inc. whose address is One Park Plaza, Suite 500, Irvine, California, 92614, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City intends to prepare and process an environmental impact report for the Newport Dunes Resort ( "Project'). C. City desires to engage Consultant to provide environmental services for the project upon the terms and conditions contained in this Agreement. • D. The principal member of Consultant, are for purpose of this Project, Mr. Robert W. Balen. • E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of October,1998, and shall terminate when the City Council takes final action on the environmental impact report, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 1 i J Ll 9 3. COMPENSATION TO CONSULTANT is City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates, attached hereto as Exhibit "A" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of seventy thousand dollars ($79,500.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with Exhibit "A ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance . by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's • supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with the community professional 2 0 0 • standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in • compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Mr. Robert W. Balen to be its Project Manager. Consultant shall not remove or reassign the principal members identified in the Recitals or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its • personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 3 0 8. TIME OF PERFORMANCE • Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. • 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. P 4 n u 0 • 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and • employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of one million dollars • ($1,000,000.00) combined single limit per accident for bodily injury and property damage. 5 '1 D. Professional errors and omissions insurance which covers the services to • be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and • all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and 6 9 • City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to, and upon request of Consultant, one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Planning Department. Patricia • Temple, Planning Director shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to • appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven 7 91 0 0 percent (7 %) per annum from the date of withholding of any amounts found to have • been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making decisions that will • foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: 0 City of Newport Beach 8 • 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3200 (Voice) (949) 644 -3229 (Fax) All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: LSA Associates, Inc. One Park Plaza, Suite 500 Irvine, CA 92614 (949) 553 -0666 (Voice) (949) 544 -3067 (Fax) 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two • (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT • This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or M 0 0 implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless City Clerk 08 -18 -98 10 CITY OF NEWPORT BEACH A Municipal Corporation A Mayor Thomas Edwards for the City of Newport Beach CONSULTANT 13 • • • �12 PROPOSALTO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR NEWPORT DUNES HOTEL September 18, 1998 Prepared for: City of Newport Beach • • 13 0 • PROPOSAL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR NEWPORT DUNES HOTEL September 18, 1998 Prepared for: City of Newport Beacb Attn: Mr. Patrick Alford Prepared by: LSA Asso cia tes, Inc. I Park Plaza, Suite 500 Irvine, California 92714 (714) 553 -0666 n LJ • • )a • • LSA Assoda tes, Im.. TABLE OF CONTENTS • PAGE SECTION 1.0 SCOPE OF SERVICES . ............................... 1 PROJECT APPROACH ............. ............................... 1 Task 1: Project Initiation .... ............................... 1 Task 2: Initial Study/Environmental ChecklisVNotice of Preparation . 1 Task 3: Screencheck EIR .... ............................... 1 Task 4: Draft EIR .......... ............................... 2 Task 5: Final EIR .......... ............................... 2 PROJECT MANAGEMENT/ATTENDANCE AT MEETINGS ................ 3 PRODUCTS ...................... ..............................4 SPECIFICATIONS REGARDING WORK TO BE DONE BY CONSULTANT AND WORK TO BE DONE BY THE CITY ....................... 4 TECHNICAL APPROACH/METHODOLOGY ........................... 5 Traffic Analysis ............ ............................... 5 Air Quality and Noise Impact Assessment ...................... 5 LandUse .................. ..............................5 • Recreation/Access and Coastal Act Consistency ............ Public Services/Energy/Utilities . ..... 6 .. 6 Consistency with Water Resource Management Plans ............. 6 Hydrology................. ..............................6 Biological Resources ....... ............................... 7 Potential Hazards Associated with Grading ..................... 7 Aesthetic and Visual Impact Analysis .......................... 7 Cumulative Impacts ........ ............................... 9 Growth Inducing Impacts ... ............................... 9 Effects Found Not to be Significant ........................... 9 Alternatives ................ ..............................9 • SECTION 2.0 BUDGET .......... ............................... 10 SECTION 3.0 PROPOSED PROJECT SCHEDULE ...................... 10 ATTACHMENTS A - Schedule of Contract Provisions and Billing Rates B - Proposed Project Schedule 9 /17/98aP: \CN6834WEWPORT.PRO» iil 1� • • LSA Associates, Inc. SECTION 1.0 SCOPE OF SERVICES This scope of work is to prepare a Focused Environmental Impact Report (EIR) • for the Newport Dunes Hotel in the City of Newport Beach. The work effort will include the following tasks. PROJECTT APPROACFI Task 1: Project Initiation LSA will meet with City Planning Department'staff to define and finalize the project description, develop a mutual understanding of the issues and impacts of the project, and refine the level of detail required in the EIR LSA proposes to incorporate as much of the analysis in the previously prepared Negative Declaration as possible During the project initiation task, LSA will review existing information and the Initial Study and Notice of Preparation with City staff to focus on the issues necessary to cover in the EIR, prior to proceeding with detailed document preparation (Tasks 3 and 4). This will include more specific details to be added to the description of alternatives to be analyzed. During this phase, it is also important to establish clear and concise project objectives. Project benefits and City objectives for the project should be intro- duced into the public record in the EIR, as provided by CEQA. These project . objectives will be used throughout the EIR to measure impacts and weigh project alternatives. In addition, overriding considerations may be required that will need to address project objectives. Task 2: Initial Study /Environmental Checklist /Notice of Preparation LSA will review the Notice of Preparation (NOP) prepared by the City for the proposed project. The NOP can be used to help focus the issues to be ad- dressed in the EIR and the reasons and rationale for excluding environmental topics from further analysis in the EIR. The NOP contains a description of the analysis to be provided in the EIR, and the reasons for determining that some effects would not be significant. Task 3: Screencbeck EIR LSA will prepare a Screencheck EIR for review by the City. The detailed tech- nical investigations and methodologies for each environmental topic are de- scribed in further detail later in this proposal. The document will contain all applicable environmental components required by CEQA, including Introduction, Background, Project Description/ Characteristics and Discretionary Approvals; Setting, Impacts, and Mitigation . and CEQA topics (i.e., Growth Inducement), Alternatives, and lists of referenc- 9 /17/98 «P: \CNB834W E WPORT.PRo* VW • • LSA Associates, Inc. es, persons consulted, and EIR preparers. The Screencheck that is submitted to • the City will not include an Executive Summary Section, so as to save time on the schedule and avoid redundant reviews. After this review and approval of the Screencheck is accomplished, a second Screencheck document, with the Executive Summary included, will be provided to the City for final review. Task 4. Drat EIR LSA will meet in a workshop format with City departments to receive comments on the Screencheck Draft EIR. Rob Balen, Principal in Charge, will attend this workshop. This meeting will provide a clear understanding of the Citys expectations for the Draft EIR, and will provide a forum to resolve all issues in an expedited manner that will avoid multiple rounds of review, correction, and re- review. After receiving comments on the Screencheck Draft EIR, the LSA team will make necessary revisions to the document and supporting technical studies. We will provide a pre -print version of the Draft EIR to the staff for a limited final review prior to printing the Draft EIR. The purpose of this review will be to review the Draft EIR to ensure that the City is satisfied with the new and revised text. At the pre-print stage, no substantive changes to technical analyses or EIR conclusions are provided for in the schedule or budget. • Prior to completion of the Draft EIR, LSA will work with the City to compile the distribution list, and will prepare a draft Notice of Completion for City review and signature. Concurrent with preparation and printing of the Draft EIR, LSA will prepare mailing envelopes and certified mail forms (a total of up to 20 is specified). LSA will utilize a delivery service or Federal Express to ensure that State Clearinghouse copies are clocked in on schedule. If necessary, LSA Sacra - memo staff will deliver copies directly to the Clearinghouse in order to meet the proposed schedule. LSA will distribute the Draft EIR (20 copies to be distributed by LSA) to the agencies, groups, and individuals on the distribution list. Ten copies for the City's use and placement in libraries will be delivered to City Hall. A Notice of Availability of the Draft EIR will be provided to the City for place- ment in one general circulation newspaper. LSA will provide a photo ready dis- play ad to the City. Task 5. Final EIR Response to Comments, Proposed Final EIR As comments on the Draft EIR are received during the public review period, LSA will prepare responses to those comments. City assistance is specified in this task. The responses will be assembled into the response to comments • component of the Final EIR and submitted to the City for review. Because the 9/17/98 «P:\CNB834WEWPORT.PRO» 2 I� • • LSA Associates, Inc. extent of public and agency comments are not known at this time, it is ex- tremely difficult to accurately predict the level of effort necessary to respond to • those comments. A maximum of 40 LSA staff hours is specified for this task. Should additional time be necessary to prepare responses to comments, a budget adjustment may be necessary. Following City review of responses to comments, LSA will prepare a proposed Final EIR, which will consist of responses to comments and supporting appendices material, as well as any modifications that may need to be made to the Draft EIR document, specified to be accomplished through preparation of an errata or addendum document, if deemed necessary by mutual agreement of LSA and the City. A revision of the Draft EIR that incorporates corrections/ modifications resulting from the Responses to Comments is not provided for in this scope of work and budget. Mitigation Monitoring Program Once the Draft EIR is distributed, pursuant to California Public Resources Code Section 21081.6, ISA will prepare a mitigation monitoring program. The moni- toring program is intended to ensure that conditions are implemented during construction. The monitoring program will contain an inventory of mitigation measures, timing for implementation (e.g., prior to issuance of grading per- mits), the responsible City staff assigned to monitor the condition, and a com- pliance /non - compliance statement. Findings of Fact, Statement of Overriding Considerations • LSA will prepare findings of fact supporting the conclusions of the proposed Final EIR to be incorporated into a resolution certifying the Final EIR as ade- quate and complete. If the EIR identifies significant unavoidable impacts, LSA will also prepare a Statement of Overriding Considerations. These documents will be patterned after existing City documents, will meet the requirements contained in Sections 15091 through 15093 of the State CEQA Guidelines, and will fully address all facts and findings, project benefits, and project impact and benefit balancing considerations required of a statement of overriding consider- ations. PROJECT MANAGEMENT /ATTENDANCE AT MEETINGS LSA proposes an active project management of the EIR effort, in coordination with City staff. LSA will follow our well defined and rigorous Quality Control Plan and Procedures adopted by our Principals in October, 1993. Of primary importance in this task are meetings required with City staff and representatives of the applicant to review work progress and identify concerns and issues throughout the process. The project management role provides a mechanism to ensure that there is adequate exchange of information developed during project start -up and throughout preparation of the EIR. Important elements of this task will be to maintain the project schedule, control the budget, coordi- . 9 /17 /WPACNB834\NEWPORT.PRo» • • LSA Associates, Inc. nate subconsultants, and facilitate the City s oversight of the preparation of the is DEIR and FEIR. Since there is a substantial amount of information that is avail- able under the previous environmental work effort, the number of coordina- tion meetings that would be required is greatly reduced. LSA specifies no more than four coordination meetings, averaging two hours duration. LSA commits that a qualified Associate or Principal will be available for con- tracted meetings and hearings. The Project Manager and Principal in Charge, Mr. Rob Balen, will attend up to three public meetings/hearings and the speci- fied coordination meetings. Mr. Balen has a conflict on the second and fourth Tuesdays of each month through November 30, 1998, and is not available on these days. PRODUCTS • Screencheck Draft EIR/ 5 copies Appendices • Pre -print Draft EIR 5 copies • Draft EIR 1 camera ready and 10 copies for City; 20 copies of DEIR, including appendices for LSA distribution • Notice of Availability of Draft 1 photo ready copy announcing • EIR availability of Draft EIR for public review • Proposed Response to 5 copies for the City Comments • Proposed Final EIR (RTC, Er- 1 camera ready copy for City; 20 rata and Draft EIR) copies for LSA distribution to com- menting agencies and individuals and 30 for City distribution • Findings of Fact/Statement of 1 camera ready copy for City use Overriding Considerations • Notice of Determination 2 copies filed with County Clerk and 1 copy for OPR SPECIFICATIONS REGARDING WORK TO BE DONE BY CONSULTANT AND WORK TO BE DONE BY THE CITY Our proposal is based upon the following information, data and materials being supplied to LSA by the City of Newport Beach or the developer: 1. Detailed project description for all aspects of the project, including site plans, elevation perspectives, access details (including resolution of • Bayside Drive access and bicycle lane issues), and on -site circulation and parking analysis requirements, as approved by the City. 9/17/98 <<P:\CNB834\NE WPORT.PRO» 4 I(A • • L$A Associates, Inc. 2. Geotechnical studies and other relevant seismic information for the • area, including precise mapping of Alquist - Priolo Special Study Zone areas and liquefaction areas. 3. City approved hydrology reports and drainage plans. 4. City adopted project plans and EIRs for projects in the area. 5. An aerial photo of the project site and surrounding land uses. 6. On -site and off -site infrastructure improvement plan. 7. Project elevation perspectives, cross sections, and view simulations. 8. Detailed lighting plan including shade types, elevation of pole lighting and placement of wall security lighting. TECHNICAL APPROACH /METHODOLOGY The methodology for addressing each environmental topic is described below. Traffic Analysis LSA will rely on a technical traffic analysis and parking demand study report • prepared by Wes Pringle Associates, already under contract to the City's Public Works Department. We will review the report for completeness and adequacy for CEQA purposes and summarize the technical report for use in the EIR. Air Quality and Noise Impact Assessment Land Use LSA will rely on a technical analysis of regional and local air quality impacts prepared by Mestre Greve Associates, submitted with this EIR scope of work as an attachment. We will summarize the report for use in the EIR LSA will utilize a technical noise impact analysis report to be produced by Mestre Greve Associates. The application of the City (County) Noise Ordinance to control construction noise will be discussed. We will summarize the techni- cal report for inclusion in the EIR LSA will administer the contract with Mestre Greve Associates on behalf of the City. There are two basic land use/environmental compatibility issues associated with the project: 1) conversion of underutilized properties to commercial hotel uses; and 2) compatibility of intensified land uses with nearby uses. Consis- tency with the City's General Plan goals and objectives, and the City's zoning • requirements will also be assessed. LSA will assess the effects of the project on 9/17/980PACNB834W EWPORT.PROw �o . LSA Associates, Inc. the Citys development strategies and land use compatibility policies included • in the General Plan. Recreation /Access and Coastal Act Consistency The change from partial public access and use as a recreational vehicle park to hotel use will be assessed. Because there is no firm methodology for such an analysis, LSA will draw on available information (such as recreational vehicle use from the traffic study) and public use factors to prepare this analysis. Information and policies from the LCP and Coastal Act requirements will also be utilized in the analysis. Consistency with the California Coastal Act will also be assessed. Public Services/Energy/Utilities This section will be based upon public service agencies' and utility providers' responses to the NOP and direct surveys of service providers by LSA. The ability of each agency and utility to provide necessary service will be described. Capacity of the City's water and sewer Master Plans will be described in relation to anticipated growth in the project area. Consistency urith Water Resource Management Plans • Pursuant to Sections 10910 -10915 of the State Water Code, all affected water purveyors must be notified of a proposed project that requires a General Plan amendment and asked whether water demand associated with the proposed project has been included and assessed in the water purveyors' "urban water management plans." According to Section 10910(f), water purveyors are given 30 days to provide a written response to this request. LSA will contact the responsible water purveyor to request a written response regarding capacity to serve the proposed project. Once LSA has received this information, it will be incorporated into the EIR. Hydrology • LSA will summarize the findings of a hydrology /drainage assessment provided by the project applicant and recommendations identified in the assessment to mitigate potential hydrological, drainage, and soil erosion impacts. LSA will coordinate with the developer's hydrologist to obtain appropriate water quality analysis and develop mitigation related to urban runoff, nuisance flows, and "fast flush" storm event effects of drainage entering Upper Newport Bay. LSA will incorporate this information after City review and acceptance of the devel- oper's report. 9/17M9 PACNB834WEWPORT.PROP Al • LSA Associates, Inc. Biological Resources LSA will use a technical biological resources impact assessment report prepared • by Pacific Southwest Biological Services to prepare a section for the EIR. We will report the professional opinions and conclusions included in the report regarding the environmental impacts to the terrestrial and aquatic resources affected by the project, if any. LSA will perform peer review of the report prior to inclusion into the EIR to assure completeness and adequacy for CEQA pur- poses. Potential Hazards Associated with Grading The EIR will not address removal of the existing dredging fill or any site remediation. It will be acknowledged that, in order to develop the hotel, the site will need to be cleared and excavated, but such clearance is a separate action, not part of the proposed project, and the grading and removal of dredge material has been accomplished or will be finished prior to initiation of development. Aesthetic and Visual Impact Analysis Existing Visual Character The existing visual character of the project site will be defined based on site • reconnaissance, site photos and definition of distance zones and descriptive visual characteristics for the project site. LSA will utilize the existing site eleva- tions and view simulations. However, it is our opinion that the information supplied in the Negative Declaration should be supplemented with cross sec- tions and additional view analyses from closer points of view. LSA will coordi- nate the City's request to the applicant for this additional technical information. The location of possible additional representative existing views from the site and onto the project site from visual receptors will be determined jointly with the City and the applicant. Composite photographs, perspective drawings, sight line exhibits, cross section exhibits, and photographic simulations shall be provided by the applicant, as directed by the City. These photographs and materials will be analyzed based on the following distance zones and descrip- tive visual characteristics. Distance. Zones Views of the project site will be analyzed by establishing three basic viewing distance zones. These distance zones characterize the dominant visual charac- ter from a vantage point, and describe the view in terms that can be quantified and compared. 9117 /WP:\CNR834\NEWPORT.PRoo 7 r1 J 2 • LSA Associates, I= Foreground • Foreground views include elements that can be seen at a close distance and that dominate the entire view. Middle Ground Middle ground views include elements that can be seen at a moderate distance and that partially dominate the view. Background Background views include elements that are seen at a long distance and typi- cally do not dominate the view, but are part of the overall visual composition of the view. Descriptive Visual Characteristics The visual characteristics of the existing project area, the surrounding areas and landforms near the project site will be categorized based on descriptive visual characteristics. These visual characteristics are defined by topographic condi- tions, vegetative cover, development intensity and land uses, as follows: urban, • semi -urban and disturbed valley /foothill/bay view. Threshold of Significance for Visual Analysis Appendix G of the state CEQA Guidelines indicates that a project will normally have a significant effect on the environment if it will: Conflict with adopted environmental plans and goals of the community where it is located; and/or Have a substantial, demonstrable, negative aesthetic effect. In addition, the relationships between the severity of the impacts to specific visual characteristics, the location of the visual impacts relative to sensitive land uses, and the direct viewing opportunities associated with these visual impacts will be used to determine substantial aesthetic effect. Visual Impact Analysis and Mitigation Measures The visual impact analysis will utilize the existing conditions described earlier in the report, and will allow an analysis of before and after conditions through the use of sight lines, cross sections, and photographic view simulations. The photographs will depict existing conditions in the study area. View simulations • provided by the applicant will allow an examination of the visual effects of the 9 /17/98«P:\CNB834WEWPORT.PRo� 8 ,, • • U4 Assodates, Inc. proposed project as viewed from key viewpoints selected by the City at the view intervals described above. Analysis of six views has been included in the budget. • Cumulative Impacts The cumulative impacts of the project will be described, based upon potential projects in the vicinity. LSA will research potential cumulative projects and prepare a list. This list, along with other input from the City of Newport Beach's traffic consultant for cumulative traffic growth on the regional arterials will also be utilized. This information, in turn will provide input to the noise and air analysis. For other impacts, such as land use, coastal issues, marine biology, and aesthet- ics, a more focused cumulative project analysis will be conducted, based on reasonably foreseeable projects that might contribute to cumulative effects with the project. Growth Inducing Impacts The potential growth inducing aspects of the project may not be discussed in the EIR. Given the developed nature of the surrounding area and the General Plans in the area, the project is not anticipated to result in growth inducement. LSA will further discuss the approach with City staff. Effects Pound Not to be Significant Alternatives Findings on effects found not to be significant will be prepared. This is a very important section in a Focused EIR. This section will bring forward the issues addressed in the Initial Study that are determined to have no significant impact, and will provide the rationale for not receiving full analysis in the EIR. Based on our understanding of the project, this section will address the Initial Study (CEQA) Checklist items that are not analyzed more extensively in the EIR. For example, this could include the topics of population, growth inducing effects, and public health and safety impacts that may not be addressed further in the EIR. An alternatives analysis will be provided. This section will analyze three project alternatives consistent with project objectives and plans. The alternatives analyzed in the EIR will be alternatives that could avoid or lessen potentially significant impacts, and will include a General Plan build out alternative, an- other less intensive alternative that would include provisions for affordable overnight accommodations, possibly retaining all recreational vehicle spaces proposed to be removed by the proposed project and one design alternative. The EIR will also address a No Build Alternative. 9 /17/WP:\CNB834WEWPORT.PRo» 9 ,y1 A 11 • San r. by :I 444' OSSfIrIOTFS 1Nr. q*71 - ?R R� :4APA • S'EC TON 2.0 BUDGET Prnn i1c 55' RR: 6A 9 a9 0; 44 172Q 0 UA Asso!.iutas Inc. Our proposed budget is an estimate based on our understanding of the project and the desitrd arrvirry This includes report preparation, reproduction, and distribution. This budget is subject to adjustment based upon City of Newport Beach directives and scoping requirements, as addressed in Task J. Wt', pru- pose to accomplish these tasks on an hourly basis subject to the attached rates and provisions in Attacbmew A. This auwunt will not be exceeded without your approval, Task 'Pee Proposed I. project Initiation $2,660 2. NOP/Initial Study Review $610 3. Screencheck ETIMCity Review $34,815 "i. Sub- consuitants (air quality-, noise, $13,000 and biological) 5. Draft l,lrvNoticc of availability $7,300 6. NIMRP $620 7. Final EIR (includes Response to (70mmects9tesolutiott Voticos) 86,345 • 8. Project Management, Meetings & $5,770 Hearings Reimbursables' $8,380 EIR subtotal $79,5UU GRAND Total $79.500 SECTION 3.0 PROPOSED PROJECT The proposed project schedule is shown on Attachment B to this proposal. We recuguizc ilrai tittrely cunipletion of this project is a very important factor. • ' Estimate based on Draft EIR cost of $70.00 per copy. 9.�17q$ap;;CNi1834N'L'B'NUftt'. VROw 10 P.4. %/ -, 96 • 7SA Associates, Inc. ATTACHMENT A • SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES FEES FOR PROFESSIONAL SERVICES Fixed Fee Contracts If a fixed -fee proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided for the fixed fee noted in the Compensation and Terms section of the proposal. All other pro- fessional services are considered extra services. Extra services shall be provided on a time and expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance. Hourly Contracts If an hourly plus expenses proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided on a time basis at current hourly rates. These rates are as shown on a Rate Schedule that is attached or can be made available. Hourly rates are subject to review at least annually on or about July 1 each year, and may be adjusted to reflect changing labor costs at our discretion at that time. Out of pocket expenses shall be reimbursed at cost plus 10 %, unless other • arrangements are made in advance, and are not included in the hourly fee for professional services. Out of pocket expenses include, but are not limited to, costs of: 1) reproduction of reports and graphics furnished or prepared in connection with the work of the contract, 2) long distance telephone and telegraph charges, 3) laboratory services, 4) automobile travel at 31 cents /mile, 5) truck travel at 46 cents /mile, 6) other travel, subsistence, vehicle rental, and lodging in connection with the work of the contract, 7) fees of specialized con- sultants retained with the approval of the client and 8) facsimile transmittals at one dollar per page. The total estimated amount of time and expenses noted in the Compensation and Terms section of this proposal will serve as a control on the services to be provided. The specified amount will not be exceeded without prior approval of the client. FREQUENCY OF BILLING Monthly invoices shall be submitted for progress payment based on work completed to date. Out of pocket expenses shall be billed on the same mon- thly invoice and shall be identified as a separate item. • 9!17/98 «P: \CNB834WBWP0RT.PR0* .h` (n J` 0 11 0 LSA Associates, Inc. PAYMENT OF ACCOUNTS • Accounts are due and payable upon receipt of invoice. A service charge of 11h% of the invoice amount (18% annual rate) may be applied to all accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. • • TERMINATION OF SERVICES These services may be terminated upon ten days written notice for good reason by either party. In this event, payment for all services and expenses incurred prior to the date of termination shall be due and payable upon receipt of final invoice in accordance with the provisions of the foregoing section. REVOCATION If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise specified in the proposal. 9/17/98aP: \CNB834WEWPORT.PRO� 2 �1 • LSA Associates Inc. HOURLY BILLING RATES - EFFECTIVE AUGUST, 1998' Job Classiftcation Hourly Rate • PRINCIPAL $100 -165 ASSOCIATERROJECT MANAGER $ 75 -130 ASSISTANT PROJECT MANAGER $ 50-85 PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST $ 45-80 ENVIRONMENTAL ANALYST /ASST. PLANNEWASST. ENGINEER $ 40 -70 FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGYBIOLOGY) $ 45 -60 RESEARCH ASSISTANT/FBCHNICIAN $ 25 -50 FIELD CREW $ 20 -45 GRAPHICS $ 65 OFFICE ASSISTANT $ 40 WORD PROCESSING $ 60 • ' Revised August, 1998 2 The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $200 per hour regardless of job classification. 9/17198 «P:\CNR834WEWP0RT.PR0* 3 • ATTACHMENT B • PROPOSED PROJECT SCHEDULE • • LSA Associates, Inc. 9 /17/98aP; \CNB83"EWPORT.PRO� 4 NEWPORT DUNES HOTEL EIR SCHEDULE ID Task Name September October November December January February March April May 1 Screencheck EIR - Task 1 _ - 12117 - 2N8 e 3f23 4/20 2 Traffic Technical Study (Wes Pringle) 3 Air /Noise Technical Studies (Maestre Greve) 4 Bio. Resources Technical Study (Pacific Southwest)'. 6 Review of Technical Studies 6 Revisions to Technical Studies 7 Visual Analysis B Meeting with Applicant/Architect 9 Visual Simulations by Applicant 10 Review of Simulations 11 Revisions to Simulations by Applicant 12 LSA Prepare EIR Sections 13 City Review of Preliminary SCEIR 14 Revisions to Preliminary SCEIR 16 City Review of Final SCEIR 16 Prepare DEIR 17 DEIR Printing/Distribution 18 DEIR Public Review Period 19 Prepare Response to Comments 20 City Review of Response to Comments 21 Proposed FEIR/Findings/Oveniding Considerations 22 City Review of FEIR/Flndings Overriding Considerations 23 EOAC Meeting 24 Planning Commission Meeting 26 City Council Meeting 'roject: Newport Dunes Hotel )ate: 9/10/98 Task Milestone Summary \IRV041HOMEUUFES \SCHEDUL.MPP Pa-