HomeMy WebLinkAboutC-3290 - The Shores Residential Condominium Project Environmental Impact Report (900 Sea Lane)PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 20th day of Mme, 1999, 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 the City.
B. City intends to prepare and process an Environmental Impact Report for
The Shores Residential Condominium Proiect, located at 900 Sea Lane in
the City of Newport Beach.
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 members of Consultant are, for purpose of this Project are
Carollyn Lobell, Principal and Rob Balen, Principal.
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.
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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 20th day of May, 1999, and
shall terminate when the City Council takes final action on the environmental document
(i.e. Negative Declaration), 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.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section, and the scheduled billing rates set forth in Exhibit "A ". No rate changes shall be
made during the term of this Agreement without prior written approval of the Project
Administrator. Consultant's compensation for all work performed in accordance with this
Agreement shall not exceed the total contract price of Twee -Six Thousand Dollars and
zero cents ($26,000.00).
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.
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3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of the City, and based upon
attachment "C.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of the City. Any authorized compensation shall be paid in
accordance with the schedule of the billing rates as set forth in Exhibit "C.
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 five
percent (5 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
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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
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
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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 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 in 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 Steven Ross to be its Project
Manager. Consultant shall not remove or reassign any personnel designated in this
Section 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 the City.
Consultant warrants it will continuously furnish the necessary personnel to complete the
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Project on a timely basis as contemplated by this Agreement.
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 attachment "B ". 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 parry 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
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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 Council.
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.
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 negligent 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 attomeys' fees and all other costs incurred in defending any such claim.
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Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees
in any action on or to enforce the terms of this Agreement.
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 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 $1
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million combined single limit per occurrence for bodily injury, personal injury
and property damage. It 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 $1 million combined
single limit per accident for bodily injury and property damage.
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 to 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, that
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
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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 of 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
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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 as against Consultant and 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 forms 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, provide 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
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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 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
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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
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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:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3200
Fax (949) 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
LSA Associates, Inc.
Attention: Carrolyn Lobell, Principal
1 Park Plaza, Suite 500
Irvine, CA 92614
Phone: (949) 550 -0666
Fax: (949) 553 -8076
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
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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 by defaulting party from the other party 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
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agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. 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
City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Bludau
City Manager
City of Newport Beach
CONSULTANT
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By: Ale 6rZ7-772�"
Robert H. McCann, President
LaVonne Harkless
City Clerk LSA Associates, Inc.
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Principals
Rob Bolan
Sheila Brady
Les Card
Devid Clore
Ross Dobberteen
Steve Ganbobn
Ricbard Harlrscber
Roger Harris
Art Homrighausen
Larry Kennnrgs
Laorrs Lafler
Carol[va Lnbcll
Bdl layer
Rob 11cCann
Anthony Pctres
Rob Scbonboltz
,llalcolmJ Sproul
Asiociates
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LSD
April 28, 1999
Marc Meyers, Associate Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
LSA Associates. lac.
Fnciwn ..enud An.drsis
Transportation Engineering
Biology mad Wetlands
Habitat Restoration
Resortrca t)anagernew
Cmmm..nitrand Land Planning
Landscape drebitecture
Arcbacoingr and Paleontology
Subject: Proposal to Prepare an Initial Study and Negative Declaration for the
Shores Residential Project
Dear Mr. Meyers:
LSA Associates, Inc. (LSA) is pleased to submit this proposal to prepare a Negative
Declaration for The Shores residential project, Tentative Tract Map No. 15829. This
proposal is based on our knowledge of the project area, discussions with you and the
project applicant, a review of the completed Environmental Information Form, and a
visit to the project site. It is our understanding that the applicant wishes to replace the
existing 120 unit apartment project, located at Sea Lane Drive and Goldenrod Avenue,
with 87 detached condominium units, as permitted by the MFR -2178 Zoning District
regulations.
Jones Baarn
Our proposed scope of work, schedule, and budget are attached. Our proposal is based
coanie calica
on the City's initial determination that a Negative Declaration will be the appropriate
Swwea m. Cackling
CEQA document to analyze the project's impacts. Our proposal also assumes that we
Garr Doe
will work directly with the City on the project, with limited communication with the
Richard Erickson
applicant. We propose to complete this work on a time and materials basis in accor-
Kevin Fiaebe,
Frank Hoselten
dance with our Schedule of Standard Contract Provisions and Billing Rates (attached),
Clint Kellner
or by City contract.
Benson Lee
ptdab H. Aralamut
Thank you for the opportunity to assist you with this project.
Sabrina Nicbolls
AL 1G: "Bill" O'Connell
Sincerely,
Deborah Pracilio
Lynette Stanchina
/al Wilson
LSA AS OCIATES
Lloyd B. Zola
-
Steven D. Ross, AICP
Project Manager
Attachments
4/ 28 /99((L:\PROPOSAL\z72953nl \is -nd proposal.wpdH
One Park Plaza, Suite 500 Mgbone 714 553 -0666 Otber offices located in Berkeley
Irvine, Califoroia 91614 Facsimile 714 553 -8076 Pt. Richmond, Riverside and Sacramento
E -mail irvinc. /saCmisa- assocmm
s
• LSA Associates, Inc.
SCOPE OF SERVICES - NEGATIVE DECLARATION
THE SHORES RESIDENTIAL PROJECT
This proposal is based on the City's initial determination that a Negative Declaration
is the appropriate CEQA document to analyze the project's impacts. If our analysis
finds that the project could have a significant effect on the environment, LSA will notify
the City that an Environmental Impact Report (EIR) will be necessary to analyze the
project's impacts.
TASK]. SCREENCHECKINITL4L STUDY /NEGATIVE DECLARATION
LSA will prepare a Screencheck IS/ND in accordance with the requirements of the
California Environmental Quality Act (CEQA) and the CEQA Guidelines, for review
by the City of Newport Beach. The detailed technical investigations and methodolo-
gies for each environmental topic are described in further detail later in this proposal,
under "Technical Approach Methodology." Prior to initiating work on the
Screencheck IS/ND, LSA will require the following materials in order to gain a com-
plete understanding of the project and to develop the project description:
Required Plans/Technical Studies
• Complete Plans and Elevations
• Aerial Photo
• Visual Simulations
• Geotechnical Report
• Preliminary (Phase I) Environmental Site Assessment
The document will contain all applicable environmental components required by
CEQA, including project description/characteristics /phasing, discretionary approvals,
a finding that the project will not have a significant effect on the environment, and an
Initial Study documenting reasons to support the finding.
Our proposal assumes that most of our communication will be directly with City
Planning staff, and that discussions with the applicant will be limited. If significant
interaction with the applicant is necessary, additional project management time may
need to be included in our budget.
Meetings/Deliverables
One meeting with the City
Five copies of the Screencheck IS/ND
TASK 2. DRAFT INITIAL STUDYI NEGATIVE DECLARATION
After receiving comments from the City on the Screencheck IS/ND, LSA will make
the necessary revisions to the document and supporting technical studies and prepare a
Draft IS/ND for public review.
5 /12 /99((L:\PROPOSALVz 953nl \is -nd proposal.wpd))
• • LV Associates, Inc.
We will provide a pre -print version/revised screencheck of the Draft IS/ND to the City
and applicant for a limited final review prior to printing. The purpose of this review
will be to verify that the City is satisfied with the new and revised text. At the pre-
print stage, no substantive changes to technical analyses or conclusions are provided
for in the schedule or budget.
Meetings/Deliverables
One meeting with the City
Five copies of the pre -print Draft IS/ND
TASK 3. PUBLIC REVIEW/NOTICE
LSA will provide a public hearing notice for use by the City. CEQA allows for this
notice to be provided via newspaper publication, posting, or direct mailing. Due to the
sensitivity to the community, it may be desirable to use more than one method.
LSA will provide copies of the Draft IS/ND for the City's use, distribution, and place-
ment in libraries. LSA will distribute the Notice of Completion, Draft IS/ND, and
appendices to the State Clearinghouse, responsible agencies, if any, the City of New-
port Beach, the County of Orange, surrounding cities, and other interested parties, as
directed by the City.
Meetings/Deliverables
Public Hearing Notice
Notice of Completion
Thirty (30) copies of the Draft IS/ND.
TASK 4. FINAL IS17VD
Response to Comments; Proposed Final IS/ND
During the public review period, as comments on the Draft IS/ND are received, LSA
will prepare responses to those comments. CEQA does not require responses to
comments for a Negative Declaration; however, we have included this task to help
address any CEQA related concerns.
The responses will be assembled into the response to comments component of the
Final IS/ND. Providing a budget estimate for responding to comments is extremely
difficult because it is not possible to predict the volume and nature of the comments.
Our budget estimate is based on our knowledge of the project and our projections of
the volume and nature of the comments received. Significant new analysis is not
included in this task. We have budgeted eight (8) hours of the project manager's time
for this task.
4 /2"9((LAPR0P0SAL\=953n1 \is -nd proposal.wpd»
0
. LSAAssocia(es, Inc.
Following City review of responses to comments, LSA will prepare a proposed Final
IS/ND, which will consist of 1) a mitigation monitoring program (discussed below);
and 2) comment letters, responses thereto, and supporting appendices material, such as
any modifications that may need to be made to the Draft IS/ND document (to be
accomplished through preparation of an errata or addendum document, if deemed
necessary). In addition, the LSA Project Manager will be available to attend a public
hearing for the project, if requested by the City.
Mitigation Monitoring Program
Once the Draft IS/ND is distributed, pursuant to California Public Resources Code
Section 21081.6, LSA will prepare a mitigation monitoring program. The monitoring
program is intended to ensure that the adopted mitigation measures are implemented.
The monitoring program will contain an inventory of mitigation measures, method of
verification, timing of verification, and the responsible staff or agency assigned to
monitor the condition.
Meetings/Deliverables
• Five copies of the Draft Response to Comments
• Five copies of the Draft Mitigation Monitoring Program
• One camera ready copy of the Final IS/ND /Appendices and ten printed copies
• Attendance at one public meeting by LSA's Project Manager
TASK 5. NOTICE OF DETERMINATION
LSA will prepare a Notice of Determination pursuant to Section 15094 of the CEQA
Guidelines for the City to file with the County of Orange's County Clerk Office.
Meetings/Deliverables
One original Notice of Determination
TECHNICAL APPROACHMETHODOLOGY
The document will contain all applicable environmental components required by
CEQA, including project description, Initial Study Checklist and Checklist responses,
and mitigation measures. LSA will utilize the revised (October 1998) Environmental
Checklist Form found in the CEQA Guidelines (Appendix G). The methodology for
addressing each environmental topic is addressed below. For each of the environmen-
tal impact sections, the existing environmental setting will be compared to the pro-
posed project.
4/ 28/99((L:\PROPOSAL\=953nl \is -nd proposal.wpd))
Aesthetics
Air Quality
• • LSA Associates, Inc.
This section will describe the potential visual impacts of the proposed project from
selected viewpoints, and will address potential light and glare issues. This analysis
will focus primarily on the project's potential to impact views from the homes imme-
diately above the site. The analysis will utilize visual simulations to be provided by
the applicant. If potentially significant visual impacts are predicted from the project,
mitigation measures will be proposed to endeavor to reduce visual impacts to less than
significant levels.
The air quality section will contain a qualitative discussion of the air quality impacts
generated by the project as required by the South Coast Air Quality Management
District. Special emphasis will be placed on temporary air quality impacts generated
by project construction.
Cultural Resources
Geology/Soils
Due to the number of archaeological sites found in the area, LSA will prepare a re-
cords search and evaluate the likelihood of disturbing cultural resources as part of the
excavation and construction of the proposed project. If prudent, mitigation measures
will be included to address the potential for uncovering such resources.
LSA will summarize the findings of the geotechnical report to be provided by the
applicant. In addition to a discussion of seismic concerns, the discussion will focus on
the proposed grading of the project site, including removal of a portion of the uphill
slope.
Hazards and Hazardous Materials
This section will describe potential hazards generated by or affecting the project. LSA
will summarize the findings of the Phase I Environmental Site Assessment and de-
scribe the measures for controlling asbestos containing materials, lead based paint, and
other potentially hazardous materials during the demolition and construction activities.
Land Use/Planning
This section will describe the existing land use setting and analyze the project's com-
patibility with the surrounding land uses and its conformance with the City's General
Plan Land Use Element, Zoning Ordinance, and other applicable plans and policies.
The City's preliminary review of the project revealed that the proposed 87 single
4R8 /99«LAPR0P0SAL\=953n his -nd proposal.wp&>
Noise
• • LSA Associates. Inc.
family units comply with the City's MFR -2178 Zoning District and related General
Plan policies.
This section will focus primarily on temporary noise impacts generated by project
construction. In addition, an analysis of traffic noise impacts on the project, particu-
larly those generated by MacArthur Boulevard, will be included in the discussion.
Population/Housing
This section will address the population and housing implications resulting from the
proposed change from 120 multifamily rental units to 87 single family, owner occu-
pied housing units. The policies of the City's Housing Element will be examined in
relation to the proposed change.
TransportatiomTrajfic
LSA has conducted a cursory review of the site plan and prepared a preliminary trip
generation comparison of the proposed project to the existing apartment uses. We
believe that the 87 single family units will generate fewer daily and peak hour trips
than the existing 120 apartment units. As such, the provisions of the City's Traffic
Phasing Ordinance would not be triggered and a traffic impact analysis will not be
required. LSA will provide tables and an abbreviated analysis comparing the trip
generation rates of the two projects and evaluate the project's impacts to the off -site
circulation system. An evaluation of the project's on -site circulation design will also
be provided.
Agricultural Resources, Biological Resources, Hydrology/Water Quality, Mineral Resources,
Public Services, Recreation, Utilities/Service Systems
Given the project location and nature /intensity of use, no significant impacts are
anticipated for these environmental topics. Therefore, LSA will describe the existing
conditions and provide a limited assessment of the impacts of the project. This analy-
sis will be based on existing information contained within the City's General Plan
Elements and other applicable City policies, as well as previous environmental analy-
ses relevant to the project site.
4/ 28 /99(<L:\PROPOSALk=953nl \is -nd proposal.wpO
• • LSA Associafes, Inc.
LSA DELIVERABLESIPRODUCTS
SCHEDULE
LSA will provide the following products:
•
Screencheck IS/ND
• Pre -Print Draft IS/ND
• Draft ND /Appendices
• Public Hearing Notice, Notice of Completion
• Draft Response to Comments
• Proposed Final IS/ND /Appendices
• Notice of Determination
• Mitigation Monitoring Program
5 copies
5 copies
30 copies
1 original
5 copies
1 camera ready, 10 copies
1 original
5 copies
LSA can complete the scope of work according to the following schedule, contingent
upon receiving all required materials prior to initiating Task 1. Significant changes in
the project design or scope of work will cause delays in the schedule.
Task Time Required
Task 1: Screencheck IS/ND 6 weeks
Task 2:
Draft IS/ND
2 weeks
Task 3:
Public Notice
1 week
Task 4:
Public Review Period, Final IS/ND, MMP
6 weeks
Task 5:
NOD
1 week
Total
16 weeks
ESTIMATED BUDGET
The necessary fees to complete the scope of services are estimated to be $26,000.
These fees include professional time and reimbursable costs. Reimbursables include,
but are not limited to, mileage, photocopying, blueprints, certified mail and delivery
service, filing fees, advertising/noticing, photography, equipment rental, and facsimile
services. Should the scope of services be amended prior to or during the project, the
estimated fees may warrant revision. A breakdown of the budget by task is as follows:
Task Budget
Task l: Screencheck IS/ND $13,600
Task 2: Draft IS/ND 2,500
4/ 28 /99((L:\PROPOSAL\=953n1 \is -nd proposal.wpd>> 6
•
• LSA Associates, Inc.
Task
Budget
Task 3: Public Review/Notice
2,200
Task 4: RTC/Reso./Findings/MMP
4,000
Task 5: NOD
200
Subtotal Labor
$22,500
Reimbursables
$3,500
Total
$26,000
This fee is based on past experience with the level of effort needed to complete the
CEQA process in the City of Newport Beach. When appropriate, LSA will aggres-
sively identify strategies for reducing the overall work effort while maintaining the
City's objectives and the legal adequacy of the work products. We propose to conduct
this work under an hourly contract, as described in the attached schedule of standard
contract provisions and billing rates (Attachment A) The estimate of $26,000 will not
be exceeded without your prior authorization.
Fee Valid for 90 Days
LSA's proposed fee is valid for at least 90 days. The following person is authorized to
negotiate on behalf of, or contractually bind, the consultant:
Rob Balen, Principal in Charge
LSA Associates, Inc.
1 Park Plaza, Suite 500
Irvine, CA 92614
Telephone Number (949) 553 -0666
Facsimile Number (949) 553 -8076
THE ABOVE STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED
CONSULTANT:
LSA Associates, Inc.
%I / /
Authorized Sign9ture
Title
tt . -
4128 199((L:\PROPOSAL\z 953nt \is -nd proposel.wp&N
CLIENT:
City of Newport Beach
Authorized Signature
Title
Date
• LSA ASJKww, M,
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 Com-
pensation and Terms section of the proposal. All other professional 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 cur-
rent 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 arrange-
ments 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 o£ 1) reproduc-
tion 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 consultants 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 monthly invoice and shall
be identified as a separate item.
10 /30 /98((L: \CORP\Contractwpd))
0 • I Also iu111. lire.
PAYMENT OFACCOUNTS
Accounts are due and payable upon receipt of invoice. A service charge of I' /z% 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 SER VICES
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 accor-
dance with the provisions of the foregoing section.
REVOCATION
If this Schedule of Standard Contract Provisions is attached to a proposal, said pro-
posal shall be considered revoked if acceptance is not received within 90 days of the
date thereof, unless otherwise specified in the proposal.
10 /30 /98«L: \CORP\Contract.wpd» 2
0 • /SA Amociares, bre.
HOURLY BILLING RATES - EFFECTIVE AUGUST, 1998'
Job Classification
Hourly Rate'
PRINCIPAL
$100 -165
ASSOCIATE/PROJECT MANAGER
$ 75 -130
ASSISTANT PROJECT MANAGER
$ 50 -85
PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST
$ 45 -80
ENVIRONMENTAL ANALYST /ASST. PLANNER/ASST. ENGINEER
$ 40 -70
FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGYBIOLOGY)
$ 45 -60
RESEARCH ASSISTANT/TECHNICIAN
$ 25 -50
FIELD CREW
$ 20 -45
GRAPHICS
$ 65
OFFICE ASSISTANT
$ 40
WORD PROCESSING
$ 60
Revised August, 1998
' The hourly rate for work involving actual expenses in court, giving deposi-
tions or similar expert testimony, will be billed at $200 per hour regardless of
job classification.
10/30 /98«L: \CORP\Contractwpd» 3