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HomeMy WebLinkAboutC-3736 - PSA; Mitigated Negative Declaration for the Santa Barbara Condominiums Projecti C33 3(0 PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. FOR SANTA BARBARA CONDOMINIUMS PROJECT THIS AGREEMENT is made and entered into as of this f o)4 day of 200 °, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City'), and David Evans and Associates. Inc., a corporation whose address is 2333 Mill Creek Drive, Suite 225, Laguna Hills, California, 92653 ( "Consultant "), and 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 is planning to prepare an Initial Study and Mitigated Negative Declaration and other environmental documents in accordance with the California Environmental Quality Act for the Santa Barbara Condominiums project (PA2004 -169), located at 900 Newport Center Drive, Newport Beach, California. C. City desires to engage Consultant to prepare an Initial Study and Mitigated Negative Declaration and other environmental documents in accordance with the California Environmental Quality Act for the Santa Barbara Condominiums project (PA2004 -169), located at 900 Newport Center Drive, Newport Beach, California ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project shall be Karen L. Ruggels. Vice President and Dustin Fuller, Project Manager. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 above written date, and shall terminate on the 1st day of November, 2005, unless terminated earlier as set forth herein. 0 0 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. All work and documents shall be prepared in accordance with and shall contain all items required by the California Environmental Quality Act (CEQA), CEQA Implementing Guidelines and City of Newport Bead ordinances and policies. Consultant shall furnish all environmental documents and forms to City in electronic format, Microsoft Word 2000, or other format acceptable to City. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays 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. 3.1 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 that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section 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 Thirty -eight thousand two hundred twenty -eight dollars ($38.228). 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved 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. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with such approval. 4.4 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement. 5. PROJECT MANAGER Consultant shall designate 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 Agreement tens. Consultant has designated Dustin Fuller to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the 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. 0 0 6. ADMINISTRATION This Agreement will be administered by the Planning Department. Patricia L. Temple, Planning Director shall be the Project Administrator and shall have the authority to 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. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 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 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further. represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement.' 8.3 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 0 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 0 9 D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liabili1y Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain 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). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insurers with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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 venture or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant. 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. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in r1 u n u to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, . without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or 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 approval for 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 means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. • • this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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 City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnity Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY 0 All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 22. 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular 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 to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant 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/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. 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 what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or 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. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST 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 any 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. 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 immediate 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. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant 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: Attention: Patricia L. Temple, Planning Director Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3200 Fax: 949 -644 -3229 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: 9 David Evans and Associates, Inc. Karen L. Ruggels Vice President Principal -in- Charge 23382 Mill Creek Drive, Suite 225 Laguna Hills, California 92602 Phone: (949) 588-5050 Fax: (949) 588 -5058 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting parry fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all govemmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 0 9 31. 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 implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. • F-1 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: City Attorney for the City of Newport Beach ATTEST: �r City Clerk Attachments: Rev: 08- 30 -04 /da CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport aach CONSULTANT: l By _ Karen L. Ruggels Vice President Principal -in- Charge David Evans and Associates, Inc. Exhibit A — Scope of Services ® EXHIBIT A gy CC= TOT Prepared for: City of Newport Beach Attn: Rosalinh Ung, Associate Planner 3300 Newport Boulevard Newport Beach, CA 92658 Phone: (949) 644 -3208 Prepared byr David Evans and Associates, Inc. 23382 Mill Creek Drive, Suite 225 Laguna Hills, California 92653 Dustin Fuller, Project Manager Phone: (949) 588-5050,- Fax: (949) 588-5058 E -mail: djf @deainacom October 1, 2004 += 4 Section 1 Introduction Section 2 Proposed Work Program Section 3 DEA Team Section 4 Project Schedule Section 5 Fee Schedule Section 6 Relevant Experience and References APPENDIX: Resumes of Key Staff PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE Y' DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 0 0 N en-, ri David Evans and Associates IDEA) is pleased to offer this proposal to provide professional environmental services for the proposed Santa Barbara Condominiums project. DEA is particularly qualified to provide the necessary services for the preparation and processing of the Initial Study and Mitigated Negative Declaration for the proposed project. Since 1976, we have been fulfilling the need for high - quality environmental planning, engineering, landscape architecture, planning and surveying services that are timely, accurate, and cost - efficient. Founded upon these disciplines, DEA has grown from a site development firm to the multi- disciplinary firm it is today. DEA maintains strong relationships with our clients. We are organized around a system where one professional staff member is the central contact for each client. This system ensures that there is always at least one person responsible for maintaining the relationship and working with the client. DEA's Environmental Services Successfully balancing social, economic, and environmental interests in our world today is a challenge for people, companies, and agencies. DEA helps our clients meet these regulatory challenges by staying up -to -date on the latest scientific information and environmental regulations; maintaining a staff of trained, certified, and experienced environmental professionals; and considering the whole project when solving environmental issues. DEA provides environmental planning services to both public agencies and private sector clients. We specialize in preparing environmental documents in compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Specifically, DEA provides the following services: 4- CEQA/NEPA documents (Notice of Exemption, Initial Studies (IS), Negative Declarations (ND), Mitigated Negative Declarations (MND), Environmental Assessments (EA), Finding of No Significant Impacts, Environmental Impact Reports (EIR), Environmental Impact Statements (EIS)) %% Technical studies in support of environmental documents :• Mitigation monitoring and reporting plans (MMRP) Permit processing with local, state and federal agencies (Section 404 permits, Section 401 Certifications, 1601/1603 Streambed Alteration Agreements, and NPDES). Our staff has prepared NDs, MNDs, Initial Studies, EIRs, EISs, EAs, and related environmental clearance documents for a range of public and private projects throughout California, including those for residential, commercial, industrial, and mixed -use developments; school, colleges and other institutional uses; public facilities; and redevelopment projects, general plans, annexations, and transportation plans. Our staff is also skilled in preparing Zoning Ordinances, Specific Plans, Design Guidelines and Development Standards, Local Coastal Program Amendments, Rezones, Community and General Plans and amendments, and permit applications. IIBy accurately establishing existing conditions, conducting detailed impact evaluation, developing implementable mitigation measures, and understanding the mechanisms available for applying effective mitigation monitoring and reporting programs, DEA adds efficiency to the environmental � r r PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 9 ® O review process and allows for modification and interaction as the review process evolves. In the long run, this can eliminate unnecessary delays as the process comes to a close. Our approach to environmental analysis is structured not only to be comprehensive, but also to provide maximum flexibility and control. This approach ensures selection of the appropriate environmental document and that all needed analysis can be undertaken efficiently and expeditiously, without affecting the project schedule. Our staff has successfully completed the environmental review and permitting for a variety of public and institutional projects and is thoroughly familiar with the issues that can surround a project of public interest. DEA's expertise and proficiency in local, state and federal permitting requirements are qualities that DEA is proud to bring to the City of Newport Beach. Our knowledge of environmental regulations allows us to readily understand the overlap of requirements and scheduling of critical events in a manner which avoids duplication and unnecessary project delays. By knowing what is required for each project, we are able to visualize the end result and carefully strategize the steps necessary to get there. When an unexpected obstacle is.confronted, we have the knowledge and tools to maneuver and quickly remedy the situation. DEA's environmental services are proven by our positive results. Environmental reports and documentation prepared by DEA meet or exceed the requirements of federal and state environmental laws and related regulations, and DEA has demonstrated success in working with regulatory and resource agencies. DEA's environmental analysts are supported by professionals in a variety of other disciplines that include planning, Geographic Information Systems (GIS); civil, structural, environmental and transportation engineering; and landscape architecture. DEA's graphics are prepared by professionals experienced in graphic arts, layout, computer design, and landscape architecture. Documents prepared by DEA are professionally produced using a variety of publishing techniques to ensure high quality products. These are easy to read and reproduce for public review and decision -maker consideration. Our report production expertise is supported by access to large data banks, which assist in our research. DEA's strengths include GIS applications and implementation, involving services such as user needs assessments, database design, data conversion, base and utility mapping, programming, equipment acquisition, training, and support. We use various computer programs including ARCANFO, Auto CAD, Intergraph, WILDsoft, and Softdesk and Sun and Intergraph workstations. We have also customized these programs for use as tools in our engineering, land use planning, environmental, and transportation planning efforts. DEA has experience in working directly with staff members of a variety of public jurisdictions and private clients to achieve successful processing of projects. Working directly with local community groups, other agencies and jurisdictions, and local interested citizens, we can understand and analyze the simplest to the most complex of issues. Our environmental documents have withstood this severe scrutiny and evaluation. Our experiences have gained us recognition for preparing high - quality, legally defensible environmental documents, which are well - received by reviewing bodies. IIDEA is accustomed to working with applicants and clients with aggressive schedules. We are experienced in developing work programs which meet the project's scheduling challenges through efficient management techniques including, but not limited to, conducting tasks in a concurrent manner close and regular coordination with the Project Team, agency staff and subconsultants; , •, PROPOSAL TO PREPARE AN INITIAL STUDYAND MIT/GATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 0 ! IRF 70T beginning tasks as early as possible; and avoiding down -time by active participation in all aspects of the project's review and approval processes. Understanding the Project The Santa Barbara Condominiums project proposes the development of 79 residential condominium units on a ® 4.25 -acre site, located at 900 Newport Center Drive in the City of Newport Beach. Development is anticipated to a include five residential structures, with a total livable floor d�• area of approximately ' 205,000 square feet and approximately 100,000 square feet within subterranean parking garages. The structures would vary between three and four stories and be approximately fifty to sixty feet tall. In order to allow the proposed project, a General Plan Amendment, Zone Change, Tentative Parcel Map, and a Tentative Tract Map from the City of Newport Beach, and a Coastal Development Permit from the California Coastal Commission would be required. The site is currently developed with eight tennis courts, a clubhouse, and associated parking for the Newport Beach Marriott Hotel. Uses surrounding the site include the Newport Beach Country Club Golf Course to the west, the Newport Beach Police Station, a fire station and the Newport Beach Chamber of Commerce to the north - -, the Newport Beach Marriott Hotel to the south, and multi- family residential and commercial office spaces to the east. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the proposed development is considered a "project" and subject to environmental review. The City of Newport Beach is serving as the Lead Agency and is soliciting a proposal for environmental consultant services that would be needed for the project. Based on the City's preliminary analysis, it is anticipated that an Initial Study in support of of a Mitigated Negative Declaration (MND) would be needed for the project. A traffic study will be prepared by a separate consultant and provided to the environmental consultant for use in the Initial Study analysis. The City would like to retain the services of an environmental consultant to prepare the requisite documentation and assist the City in the environmental clearance for the project. These services would include: Phase 1 • Review of the Traffic Study; and • Preparation of the Initial Study. Phase 2 • Preparation of the Mitigated Negative Declaration; • Circulation of the draft documents for public review; Response to comments on the Mitigated Negative Declaration; O Preparation of notices and other necessary related documents; and O Attendance at meetings and hearings on the environmental review process. Y PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 TOT It is anticipated that an Air Quality Study and a Noise Study would be needed to support the analysis in the hiitial Study. The Request for Proposals does not specify the need for these studies, as such, DEA will provide these studies as optional tasks. Based on our understanding of the project and a site survey, issues that are expected to be of concern for the project include: 0 Increases in traffic volumes on Santa Barbara Drive; 0 Increases in air emissions of criteria pollutants from increased traffic; O Noise impacts from project - related traffic on existing and proposed sensitive receptors; O The consistency of the amendments to the General Plan and Zoning Ordinance with the City's goals and policies; and O Changes in views of the site from adjacent parcels. DEA is offering our environmental consultant services to the City of Newport Beach to prepare the appropriate environmental documentation for the proposed Santa Barbara Condominiums project. Under the direction of the City's assigned Project Manager, DEA will be responsible for preparing and processing the Initial Study and Mitigated Negative Declaration. DEA will incorporate the findings of the technical studies prepared for the project into the Initial Study. DEA will then be responsible for the processing these environmental documents, including preparation and filing of the necessary notices, public distribution of the documents during the review period, preparation of response to letters of comments, final documents, and attendance at public hearings for the project. Although not requested by the Request for Proposal, a Coastal Development Permit would be required by the project. DEA has extensive experience processing a wide variety of permits through various public agencies, including the California Coastal Commission. If requested, DEA can provide an additional scope and cost to process a coastal development permit. PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED, NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 n 11 V® 0 Presented below is DEA's anticipated work program for completing and processing the Initial Study /MND for the proposed Santa Barbara Condominiums project. Additional issues or refinements to the scope of work may be warranted as a result of additional review by the City. Minor project changes can be easily incorporated into the environmental document without significantly affecting the overall project scope, schedule, and costs. In some cases, however, major changes occur to a project, requiring wholesale modifications to the project description, which must be reflected throughout the document text and graphics. Should this occur as part of the proposed Santa Barbara Condominiums project, we will discuss the project changes with the City and determine if an amendment to our Scope of Work and Budget is warranted. DEA will make every effort to work within our proposed Scope of Work and Budget, and will make a commitment to stay on- scbedule, depending on the extent of modifications, which may arise during our preparation, and processing of the Initial Study and MND. All environmental documents prepared by DEA as presented in this proposal shall be prepared in accordance with the City of Newport Beach's environmental review procedures; with the criteria, standards and procedures of the California Environmental Quality Act (CEQA) of 1970, as amended, (Public Resources Code Sections 21000 et seq.) and the CEQA Guidelines (Public Resources Code Section 15000 et seq.); and with other applicable regulations, requirements and procedures of any other responsible public agency or any agency with jurisdiction by law. Our scope of work includes the completion of the Initial Study during Phase 1 and the completion of the Mitigated Negative Declaration and the environmental review process under Phase 2. PHASE 1— INITIAL STUDY PREPARATION 1.1 Organizational Project Team Meeting At project initiation, DEA will meet the City's Project Manager to identify project goals and objectives; to obtain project plans, studies and related information; and to establish and confirm the project schedule and deliverables. This will be beneficial in avoiding duplicated efforts and setting up a process directed at project efficiency and timeliness. 1.2 Site Analysis/Data Collection DEA will conduct a physical site analysis based on the information provided by the City, other technical experts associated with the project and other data we have gathered for the project. This task will also include a review of the conceptual Site Plan, the City's General Plan, Zoning Ordinance and other relevant ordinances, and any studies completed for the site and the project. The review of the available documents will focus on developing a clear and concise project description of the proposed Santa Barbara Condominiums project, for use in the Initial Study. 1.3 Technical Studies DEA's scope of work includes the optional tasks of the preparation of an Air Quality Study and a Noise Study. We have provided scopes below for these optional tasks under this work program. II Review of Traffic Study - DEA traffic engineers will provide an independent review of the Traffic Impact Analysis (TIA) to be prepared by others, for accuracy and completeness. u� PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 V TOT DEA will then provide the City with comments or suggested revisions, if any. We assume that the applicant's consultant will then be responsible for any revisions. DEA will summarize the findings of the traffic study for use in the analysis of traffic impacts. Optional Air Quality Study - An optional air quality study will be prepared by Giroux and Associates. Work scope items to implement this analysis include: P Characterize the existing air environment, highlighting any development opportunities presented or constraints imposed by existing (and projected future) air quality. P Evaluate air quality implications of proposed project using the URBEMIS2002 model. P Prepare air pollution burden calculations resulting from project - related traffic, and energy use. • Analyze development plan consistency with SCAQMD regional air quality strategy and State Implementation Plan (SIP). • Identify relevant mitigation measures for general development, particularly the jobs/housing balance goals and appropriate transportation control measures of the last adopted (1994) SIP. Optional Noise Study — An optional Noise Study can be prepared by Giroux and Associates. The tasks for completing this study are outlined below: • Perform limited on -site ambient noise monitoring to develop a baseline noise characterization. • Develop a baseline noise exposure profile (CNEL or Leq as appropriate). • Analysis of demolition and construction activity impacts on nearby sensitive land uses • Analysis of site related noise constraints from ambient and future traffic volumes,, as well as current loading dock operations at the Marriott Hotel. • Relate project noise impacts to the noiselland use compatibility guidelines in the City of Newport Beach's Noise Element and Noise Ordinance. • Develop a noise mitigation plan for any predicted noise impacts that represent a constraint to the project area development opportunities. I.4 Initial Study The Environmental Analysis discussion in the Initial Study will form the basis for the Mitigated Negative Declaration and will provide the necessary background for determining the potential for significant environmental effects associated with project implementation. DEA will need to complete an Initial Study in accordance with CEQA Guidelines Section 15063 and Initial Study Checklist (Appendix G) in the CEQA Guidelines. In order to achieve the objective of a Negative Declaration determination, the Initial Study (IS) must be thorough. Each of the topics identified on the environmental assessment form contained in the State CEQA Guidelines will be. analyzed to document the nature and extent of any potential environmental consequences and the need for mitigation. Many of the issue areas addressed in the Initial Study will not have the potential for significant effects (i.e., "No Impact ") due to the location and nature of the proposed project. The specific purpose of the analysis in the Initial Study will be to identify all potential significant adverse environmental impacts and incorporate mitigation measures to reduce or eliminate the adverse consequences. DEA will prepare a draft Initial Study document, in accordance with CEQA and the CEQA * Guidelines, and will include the following sections: '•"'I,��"'.`, PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE Y DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OcToBER 1, 2004 111 PCZ TOT O Introduction. This section will introduce the Initial Study, describe the purpose of the Initial Study and determination for the preparation of the Mitigated Negative Declaration and will provide a brief summary of the findings of the Initial Study. O Environmental Setting. The Environmental Setting will describe existing physical setting and characteristics of the project sits, as well as the setting and character of the surrounding area. Additionally, this section will summarize the various land use policies in the City and present their relevancy to the proposed project. O Project Description. The Project Description will provide a detailed, yet concise, description of the proposed Santa Barbara Condominiums project. The purpose and need of the project will be clearly stated, along with the benefits of the proposed project. Discretionary actions (GPA, ZC, TTM and CDP) needed to implement the project would also be identified. O Environmental Analysis. This section will provide an expanded discussion of the environmental issues as presented in the Environmental Initial Study checklist. Each checklist question will be presented along with a response. A statement will be provided to clearly support the checklist response to each question. References used as the basis for the analysis would also be listed after each response. Based on our understanding of the project and the proposed site for the Santa Barbara Condominiums project, we expect that more detailed discussion of the following issues will.be needed in the Initial Study. • Land Use and Community Character — The consistency of the Santa Barbara Condominiums project with the City's General Plan and Zoning Ordinance and conformity of the project with other land use plans and policies for the site and the surrounding area will be analyzed. The analysis will also focus on land use compatibility with adjacent commercial land uses and residential development. Traffic — Impacts associated with the increase in vehicle traffic volumes on Santa Barbara Drive and the surrounding roadways would be identified, along with the needed roadway improvements to maintain acceptable operating levels of service. The analysis will be based on the traffic study to be prepared by others. • Short -term Noise and Air Quality Impacts — Construction of the Santa Barbara Condominiums project will result in short-term noise and air quality impacts. Scheduling construction/demolition activities and adherence to local regulations regarding hours for construction would avoid significant impacts associated with construction noise. Relative to air quality impacts, dust is normally the primary concern during the construction of new buildings and infrastructure. The air quality impacts of the proposed project would be. analyzed in accordance with the requirements of the SCAQMD, as provided in the District's CEQA Air Quality Handbook. Air quality and noise impacts .', PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 0 0 O W• associated with increases in vehicle traffic on area roadways would also be analyzed. • Aesthetics — The site and the surrounding area have views of the adjacent golf course. Construction of the condominiums on the site would change views of the site and through the site. This would be analyzed in the Initial Study. Since the project site is developed with the existing tennis courts, clubhouse and associated surface parking lot, no biological resources or cultural resources are expected to be present on the site. Also, since the site is in use, it is anticipated that public services and utility and infrastructure systems are present to serve the site and the proposed project. While significant adverse impacts are not expected on these environmental issues, as well as on population and housing, mineral resources, and recreation, a detailed analysis of the impacts and the findings will be provided in the Initial Study. This will provide the needed supporting documentation for the Mitigated Negative Declaration. O Mandatory Findings of Significance. This section of the document will provide a discussion of the project's impacts, as they relate to the mandatory findings of significance under CEQA.. Similar to the discussion in the Environmental Analysis section, a response will be presented for each of the Mandatory Findings of Significance questions, as found in the Initial Study Checklist. Any mitigation measures developed to reduce adverse impacts will also be identified, to support the determination of a Mitigated Negative Declaration. O Appendix. The Environmental Initial Study checklist will be included as an appendix to the document, along with the technical studies prepared for the project. 1.5 City Review Once the draft Initial Study is completed, they will be presented to the City of Newport Beach's Project Manager for review and comment. This task will ensure that the information provided in the Initial Study relative to the project actions and description is accurate and that the Initial Study reflects any modifications to the project which may have occurred during the time the Initial Study was being prepared. l.6 Mitigation Monitoring and Reporting Program In compliance with AB 3180 (PRC 21081.6), which requires the monitoring of mitigation measures and reporting their implementation to ensure compliance as part of specific project approvals, DEA will prepare the Mitigation Monitoring and Reporting Program for the project. Monitoring would be linked to specific stages of project development, such as building permit, and/or certificate of occupancy, to ensure that all mitigation measures are implemented. µivµ 1` 4"• PROPOSAL TO PREPARE AN INITIAL STUDYAND MITIGATED NEGATNE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 V® Q PHASE 2 —MND AND ENVIRONMENTAL REVIEW 2.I Mitigated Negative Declaration (MND) Based on the findings in the Initial Study,DEA will prepare the MND, which will include a brief summary of the project and the environmental analysis, identify the needed mitigation measures; and provide the City's findings for adoption of the MND. 2.2 Public Distribution Following review of the Initial Study and MND by the City of Newport Beach, DEA will make the necessary revisions to the draft Initial Study and MND and prepare the documents for public review. We assume one revision of the preliminary document, prior to the document being circulated for public review. DEA will also prepare the Notice of Availability/Notice of Intent. DEA will distribute the Notice and draft Initial Study and MND to City staff, responsible agencies and other interested parties to initiate the public review period, but we assume that the City will be responsible for providing the mailing list and posting and/or noticing in the local newspaper. 2.3 Response to Letters of Comment Upon completion of the 30-day public review period, DEA will prepare written responses to all letters of comment received. All comments received in response to the Initial Study and Mitigated Negative Declaration will be discussed with the City of Newport Beach's Project Manager, and an approach to the responses will be agreed upon prior to preparation of the responses. Draft responses to comments will be submitted to the City for review. Once finalized, DEA will provide copies of the responses to agencies and parties that provided written comments on the Initial Study and MND. DEA will then revise the Initial Study and Mitigated Negative Declaration in accordance with staffs directions, will prepare the final documents. The Final Initial Study and MND will include necessary agreed upon revisions requested by staff or as a result of the Public Review process, Letters of Comment and Responses, and the Mitigation Monitoring and Reporting Program. 2.4 Meetings and Public Hearings During preparation of the environmental document, DEA may be requested to attend project team meetings where environmental issues are the focus. Additionally, DEA may be requested to attend meetings with the City where impact assessments and/or mitigation strategies are discussed. Our proposal assumes that DEA will attend one (1) organizational Project Team meeting, three (3) meetings with City staff, and two (2) public hearings. Additional meetings will be performed on a time and materials basis, as requested by the City. Teleconference calls to discuss the project status, various project features. or issues and other matters related to the project would be part of project coordination and would not be counted as meetings. DEA will also prepare and file the Notice of Determination for the project, after the City's adoption of the Mitigated Negative Declaration. In addition, we will prepare the Certificate of Fee Exemption/De Minimis Impact Finding, in accordance with Section 711.2 of the Fish and Game Code. After obtaining signatures on these documents by the City, DEA will file the Notice and Certificate with the County Clerk. Y PROPOSAL TO PREPARE AN INITIAL STUDY AND MmGA TED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1. 2004 Y 11 The successful preparation of an environmental document and implementation of an effective mitigation program is due in large part to the quality of the project team, whose expertise is essential in providing technical analyses and supporting documentation in an efficient manner. Similar to every project, each project team is unique. With the size of our firm and the diverse expertise of each individual at DEA, we have the ability to choose a proven project manager with the necessary expertise to suit the needs of the project. Similarly, we can designate an experienced team to provide the various technical elements that are required for the project. DEA has organized an experienced group of individuals for the preparation of the Initial Study /MND for the proposed Santa Barbara Condominiums project that will provide the City of Newport Beach with a responsive, technically competent, and efficient team. DEA is proud to present a strong team with the knowledge„ experience, and enthusiasm to achieve the City's goals. To serve the City of Newport Beach, we have selected Karen Ruggels to serve as the Principal-in- Charge and Quality ControllQuality Assurance Manager. Ms. Ruggels is a senior member of the DEA staff, with 25 years of experience on environmental projects for California. Dustin Fuller will directly support Ms. Ruggels and will be the Environmental Task Leader for the project. DEA's qualified staff of environmental planners and technical experts will support Ms. Ruggels and Mr. Fuller to ensure accurate analysis of environmental issues and efficient use of staffing, and resources for the project. Organization of our project team is illustrated below. A brief introduction to DEA's primary project team members follows our organizational chart. Complete resumes are provided in the Appendix. Jere' tFussetman' rfEnVironmenlal Ma t • ` 'lNf+.`1�a`..` •i �A yGram ch Enwmnmeental Analyst, ">D• EP,��;s PS .� 3'v'!+41? i `� Raans(Gwux' SGentist"' Transpo, lion Engineer. GGimu'and As os aate'"sy�DEAa s �� .U+b GY � s�cvYns -e 'M9+A��iw .4. PROPOSAL TO PREPARE. AN (NF;i IAL STUDY AND MmGA TED NEGATNE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 0 o Karen Ruggels — Principal -in- Charge Ms. Ruggels brings to your project nearly 25 years of environmental experience in both the private and public sectors. Her expertise includes implementing environmental review under CEQA and NEPA, as well project management, resource agency coordination, site and policy planning and public presentations. She has managed a wide variety of projects ranging from large -scale land development to public facilities and is skilled in working directly with public interest groups to discern and evaluate potential public concerns. Particularly relevant to the work effort necessary for the Santa Barbara Condominiums project is Ms. Ruggels' ability to work side -by -side with public agency staff. Ms. Ruggels has been working directly with City and County staff members in a variety of jurisdictions throughout her professional planning experience. She has developed an outstanding relationship based on her professionalism, responsiveness, conscientiousness and honesty. Additionally, Ms. Ruggels regularly works with staff of other jurisdictions, U.S. Army Corps of Engineers (ACOE), U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), California Coastal Commission and Caltrans. Ms. Ruggels is able to coordinate the interrelationship of a variety of public agencies with local approvals. Added to Ms. Ruggels' wealth of experience is her ability to work directly with public interest groups to discern and evaluate potential public concern relative to a particular project. For the Santa Barbara Condominiums, Ms. Ruggels will serve as our team's QA/QC officer. e Dustin Fuller— Environmental Task Leader Mr. Fuller is a project manager with DEA and has over eight years of experience in the environmental planning field. His experience includes preparation of CEQA and NEPA documents for general plans, redevelopment projects, and mixed -use projects for a variety of commercial and residential uses. Mr. Fuller has wide- ranging experience in the preparation of Environmental Impact Reports (EIRs), Negative Declarations, Environmental Impact Statements (EISs), and Air Quality and Noise Quality Technical Reports. Additionally, Mr. Fuller has training and knowledge with a wide variety of land use and planning issues such as: zoning, general plans, variances, setbacks, housing, historical buildings, community planning, transportation, and growth inducement. Of particular relevance is Mr. Fuller's project experience including a General Plan Amendment and rezone for the Espanada Specific Plan in Chula Vista; preparation of environmental documents in support of, and acquisition of Coastal Development Permits from the California Coastal Commission and City of Del Mar for the North County Transit District. Lastly, Mr. Fuller brings the ability to work well in project teams to prepare documents that are thorough and legally defensible. For the Santa Barbara Condominiums project, Mr. Fuller will be the Environmental Task Leader and will be responsible for coordinating with the City and the efforts of our staff, in preparing the Initial Study/MND and associated documentation, and ensuring that all deliverables are prepared on- schedule. o Jeremy Fusselman —Environmental Analyst Mr. Fusselman is an environmental planner and analyst with DEA. His experience in environmental planning includes research and writing EIRs, and other environmental resource studies for the private sector. Additionally, Mr. Fusselman is knowledgeable with preparing and processing project applications. He is familiar with Geographic Information Systems (GIS), water resources /toxicology, natural resource management, and urban planning. Mr. Fusselman is also { PROPOSAL TO PREPARE AN INITIAL STUDYAND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 WIN TOY efficient in data collection, research and analysis. A few projects that he has provided environmental research and report preparation for include the Annexation 156/Pre- zoning/Foothill Boulevard Street Improvement Project IS /MND in Fontana, Espanada Specific Plan EIR, and the Costco National City EIR. He will assist in the preparation of the environmental documents for the Santa Barbara Condominiums. O Amy Gramlich — Planning Analyst Ms. Gramlich is an environmental planner and analyst with DEA. Her experience in environmental planning includes assisting in the research and preparation of Initial Studies and Mitigated Negative Declarations (IS/MNDs), and EIRs. Ms. Gramlich is familiar with issues pertaining to natural resource management /conservation and city planning issues. She has provided environmental research and report preparation for the Francis Parker Upper and Middle School IS /MND, Empire North Fontana Project EIR, Esplanade Specific Plan IS/MND, Espanada Specific Plan EIR, and the San Jose Community Day School IS /MND. She will assist in the Initial Study research and analysis for this project. o Julia Wu — Transportation Engineer Ms. Wu is a transportation engineer with professional experience in transportation/ traffic operation analysis, traffic impact study, mitigation design, and preliminary engineering for Major Investment Study. She also has professional PS &E experience in traffic signals, signing, striping, detour /traffic control, highway and street improvement design. Ms. Wu will provide independent review of the traffic study prior to our use in the IS. Giroux & Associates Giroux & Associates, under the direction of Hans Giroux, has been providing air quality and noise consulting services for wastewater projects for over twenty years. Mr. Giroux has extensive experience in the Inland Empire and southern California region. He has written community noise ordinances and General Plan Noise Elements. Hans' noise expertise is in the conduct of impact assessments for roadway sources, construction equipment and gravel plants, industrial equipment, gas recovery plants, recreational activities and oil refineries. He also has extensive experience in monitoring ambient noise levels and the calibration of highway traffic noise using the FHWA -RD- 77 -108 model. In addition, he has prepared noise mitigation studies, including barrier design, location, equipment noise control and residential retrofits. Mr. Giroux's air quality experience includes air quality impact assessments for transportation systems; industrial emission sources; commercial, residential, institutional and recreational uses. He has also developed numerical airflow analyses and conducted numerous meteorological and air quality data acquisition programs. He has a strong emphasis in and environment, geothermal development, odors and nuisance, and regional pollution impacts in Southern California. The optional air quality and noise studies will be provided by Giroux and Associates, if the City decides on these studies. �SMry4 y PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE Y DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 a wO DEA has been commended many times for meeting and beating project schedules set by our clients. We realize the importance that has been placed upon our firm to provide a quality product in a timely manner. "On time " and "On budget" are some of the terms frequently used by clients, but very few consultants are able to live up to these standards. DEA has an excellent reputation for meeting both of these criteria. When DEA takes on a project, we are committed to seeing that project through to a positive completion. The best indicator of our ability is in our repeat business with various clients and agencies. We understand the need for accelerated schedules and have a great deal of confidence in our ability to meet project schedules. The demonstrated proficiency with which DEA manages concurrent complex, multidisciplinary task projects is a major factor in the demonstrated success of our firm and the exceptional quality of ' our documents. We have consistently maintained excellent performance while managing several . simultaneous assignments of diverse scopes. Specific aspects of DEA's internal operation, which allow an efficient management of personnel assigned to the project, will prove valuable to the completion of work assignments in a timely manner. Specifically, the following personnel resources management plan will be applied to the project: O Consistent with DEA policy, we have assigned a Project Manager with specific relevant experienced to see the project through to completion; O The Project Manager will maintain a 3 -month staff workload of all environmental projects within DEA, updated weekly to ensure that staff is available to complete tasks and meet project milestones and target dates. O At project initiation, a project work plan will be defined, detailing scope, schedule, budget, and assignments. O Total Quality Management requirements will be identified at project on -set to match the specific project discipline. O A project kick -off meeting will be conducted involving all key project personnel. O A project team roster will be prepared and kept updated, including project- specific e- mail distribution lists to rapidly exchange information. 0 Internal to DEA is our centralized accounting system, which will track labor weekly and bill monthly. DEA will work closely with the City staff to ensure the completion of work products within established schedules. To assist DEA's project managers in meeting tight schedules, DEA utilizes computer software, such as Microsoft Project and Primavera, to create a critical path schedule and to identify start and end times for each task, slack times for non - critical tasks, and dependencies between tasks. Once adopted, the schedule is reviewed on a weekly or bi- weekly basis to ensure that tasks are progressing as planned When deviations to the schedule result from factors beyond our control, the schedule is updated to reflect current estimates for completion dates and staffing requirement f s. If a scheduling conflict is identified during the team's weekly meeting, the project manager is responsible for resolving the conflict. Provided below is a preliminary Project Timeline for DEA's work efforts that has been developed for the project and will be refined as part of the initial phase of our work efforts. The schedule defines milestones and assigns tasks based on the required scope for the project. The schedule PROPOSAL TO PREPARE AN INITIAL STUDYAND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 Y reflects the required CEQA review for the Initial Study and N4ND (30 days). Once a start date has been developed, DEA will meet with the City to refine the project schedule, as necessary. A detailed schedule will then be submitted to the City. DEA will monitor and adjust the schedule regularly as the project progresses. This management procedure will alert DEA and City staff to any delays, rescheduling needs, or assignment of additional staff. As shown, DEA will be able to provide the City with the draft initial Study ten weeks after the Notice to Proceed and the time we receive the plans and studies for the project. It is also anticipated that the environmental review process would be completed within approximately 20 weeks. _ Task& _ D- &Phan &FtaR - arEh R1l ", �eclJe' VV ft T, 2 3 4 5 6._7_8_ 9 IR 11 12 13 14_15 16 I & 1% 2D' ■ f,i 10 1 a -' `i .. �■� ��■■■■■■■■■■■■■■ _ •• B .: a ,.:.... _ n. '_ -_ ■■■■.■...■■■■■■.■�■■ PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA. BARBARA CONDOMINIUMS PROJECT OCTOBER 1. 2004 11 11 Our proposed fee schedule is presented on the following page. As shown, professional services will cost $34,728.00. Direct costs for other items incurred on the City's behalf are estimated at $3,500.00, and will cover reproduction and mailing costs of the Initial Study during the public review period and delivery or messenger services. The total fee for our environmental services, as presented in this proposal, would be 538,228.00. The optional air quality and noise studies are expected to add $4,180.00 to the fees, if selected. Pees and costs proposed in our budget are in effect for one year from the point we receive the Notice to Proceed. Budget control will be the responsibility of DEA's Program Manager. We will monitor the time our staff spend on assigned tasks to ensure that we maintain our agreed upon budget. Additionally, DEA's project manager will regularly communicate, via phone calls and e-mail, with all members of our project team, as well as City staff, to provide regular updates of our work efforts. This will ensure that our efforts progress efficiently and will be valuable in alerting City staff in an expeditious manner of any critical issues that may develop during our work. Invoices for work completed will be submitted to the City staff on a monthly basis. PHASE I: INITIAL STUDY PREPARATION 1.1 Organizational Team Meeting 1.2 Site Tour and Literature Review 1.3 Technical Studies Review of Traffic Study Optional Air Quality Study Optional Noise Study 1.4 Initial Study 1.5 City Review 1.6 MMRP Subtotal PHASE 2: MND and Environmental Review 2.1 Prepare Mitigated Negative Declaration 2.2 Public Distribution 2.3 Response to Letters of Comment Preparation of Final MIND Notice of Determination 2.4 Meetings and Public Hearings (assumes2 mtgs and 1 Hearing Project Management Subtotal c m g A s A A. w` w a 1 0 Total TOTAL 33 117 154 14 36 534,728 Estimated Reimburseable Costs [includes out-of-pocket expenses (including, but not limited to, blueprinting, printing, $3,500 duplicating/copying, reproduction, photographyand deliverservices) and services performed for unexpected work. Direct expenses will b GRAND TOTAL $38,228 Without the optional air quality and noise studies, the proposed budget total . would bet $34,048 f�t r V 2N>v °_Fee 1,V 4 6 1 1.,040 920 1,540 1,980 2,200 10,330 2,634 920 4 81 4 36 75 114 20 2 8 20 3 4 8 10 56 111 23 $21,564 1 4 61 1 2 1.066 1,082 2,616 1,470 630 3,120 3.180 4 2 10 1 '5 1 2 U174 12 12 6 24 23 61 S13,164 TOTAL 33 117 154 14 36 534,728 Estimated Reimburseable Costs [includes out-of-pocket expenses (including, but not limited to, blueprinting, printing, $3,500 duplicating/copying, reproduction, photographyand deliverservices) and services performed for unexpected work. Direct expenses will b GRAND TOTAL $38,228 Without the optional air quality and noise studies, the proposed budget total . would bet $34,048 f�t r V 0 Ll C DEA is particularly qualified to provide the necessary environmental consultant services for the Santa Barbara Condominiums project. Our ability to conduct environmental analyses and prepare high quality written reports is expanded by our abilities to prepare and process a variety of agency permits. DEA's expertise and proficiency in local, state and federal permitting requirements are qualities that DEA is proud to bring to the City of Newport Beach. Our knowledge of environmental regulations allows us to readily understand the overlap of requirements, necessary timing of surveys, and scheduling of critical events in a manner which avoids duplication and unnecessary project delays. By knowing what is required for each project, we are able to visualize the end result and carefully strategize the steps necessary to get there. When an unexpected obstacle is confronted, we have the knowledge and tools to maneuver and quickly remedy the situation. Relevant Project Experience DEA has prepared environmental documentation for a wide variety of projects in the Southern California region. DEA's work on similar projects provides the City with the experience and knowledge necessary to complete the environmental documentation for this project. -This list represents only a sample of our resume and is not intended to be comprehensive. Murray Canyon Apartments, San Diego, California DEA is providing environmental planning services for the Murray Canyon Apartments project. The project is located in the Mission Valley area of the City of San Diego. DEA is coordinating the environmental documentation for the project. The project involves the development of 276 one and two bedroom apartments with parking and recreational areas. The site is also adjacent to an existing sand and gravel quarry. Espanada Specific Plan Proiect. Chula Vista, California The proposed Espanada Specific Plan project proposes redevelopment of a 4.2 -acre site with two fifteen -story residential towers, sixteen residential townhomes; approximately 13,000 square feet (s.f) retail commercial, and a high -end restaurant component comprising approximately 8,900 s.f. Surface parking would serve the townhouse, retail and restaurant uses; while a two -level below -gade parking facility would serve the two residential towers. The proposed Espanada Specific Plan would establish a new mixed -use zone for approximately 3.5 acres of the project site. This new zone - would be designated as the Urban Residential/Commercial Zone and is intended to be compatible with the proposed Mixed -use Transit Focus Area land use classification identified in the City of Chula Vista's General Plan Update, The project proposes high- density, transit - oriented, residential development with complementary retail commercial uses to serve workers and residents of the surrounding Urban Core and the City of Chula Vista. PROPOSAL TO PPEPARE AN INITIAL STUDY AND MITIGATED NEGAnvE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 ® O Empire Center South, Fontana, California DEA prepared an Initial Study /MND for the Empire Center South project in the City of Fontana. The document analyzes the potential environmental impacts of a proposed General Plan Amendment, Zone Change, Specific 12 Plan Amendment, Tentative Tract Map, and Tentative Parcel Map for a ,dph 108 -acre site in the southern section of the City of Fontana. The project proposed the development of 414 single family homes, a neighborhood commercial area; and a park on the site. The project site was located on potential habitat for Delhi Sands Flower - loving Flies, a federally endangered species, although no individuals of the species was recorded on the project site. The IS/MNl D also addressed the project's potential to result in impacts to traffic- University Gardens, SanDiePo, California DEA was responsible for the environmental review and permitting for a senior housing project in University City. DEA was instrumental in developing mitigation for potential impacts to wetlands caused by an offsite sewer extension, which is required to serve the project. The sewer line improvement is located within the Marion Bear Park, an important open space preserve in San Diego. Coordination for the project involves working with a variety of consultants, the City of San Diego Parks and Recreation and Development Review Departments. Glendora Condominium and Subdivision EIRs, Glendora, California DEA prepared two EIRs for residential projects in the City of Glendora. The nine -unit condominium EIR analyzed the potential for adverse impacts on an adjacent senior housing project and pre - school, while the 184ot subdivision EIR analyzed impacts on the various residential land uses surrounding the site. Both ore% projects involved a zone change to a lower density designation development review, and approval of subdivision maps. Issues plan addressed in these EIRs include land use compatibility, view obstruction, o n �RATt' noise, and air quality impacts, traffic and circulation, and public services and utilities. Student Apartment Complex, California State University San Bernardino ( CSUSB), San Bernardino, California DEA prepared an Initial Study and Addendum to the Master Plan Revision EIR for the construction of a student housing facility on the CSUSB campus. The Student Apartment Complex included a 600 -bed complex in nine separate structures, with four to six apartment suites in each structure. This apartment complex would be utilized by existing and future students at CSUSB, as anticipated by the University's recently adopted Campus Master Plan. The Initial Study evaluated the potential impacts of the apartment complex; in relation to the impacts discussed in the EIR for the Campus Master Plan Revision. Oranre Count = Animal Shelter, Tustin, California DEA prepared an Initial Study /Mitigated Negative Declaration for the Orange County Animal Care Center, which is proposed within the reuse area of former Marine Corps Air Station, Tustin (MCAS Tustin) in the City of Tustin. A Program EIR and Environmental Impact Statement (EIR/EIS) applies to the land use plan governing the broader reuse area, Q-1 PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARADON FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 i 0 0 i7n, i and the MND discusses the project's relationship to the EIR/EIS. The proposed facility would house the relocated Orange County Animal Care Center, including a main building, animal enclosures, and a parking area. Issue areas for the project include its proximity to ongoing hazardous materials remediation on the former military base and potential air quality impacts. References The following is a list of private clients and public agency references that can attest to the quality of work by DEA. City of Fontana Don Williams Planning Manager (909) 350 -6723 County of Los Angeles Sam Sklar Facilities Project Manager (626) 300 -3014 City of San Diego Dick Rol Water and Wastewater Facilities (619) 533 -5124 City of San Bernardino Valerie Ross, Director Community Development Department (909) 384 -5057 City of Fontana Debbie Brazill Community Development Director (909) 350 -7613 County of Riverside Ron Goldman Planning Department (909) 955 -1897 PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1. 20a4 OCT 1. <? 2004 • c3� CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 October 12, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, (949) 644 -3208 rung @ city.newport- beach.ca. us SUBJECT: Professional Services Agreement to prepare a Mitigated Negative Declaration for the Santa Barbara Condominiums project Approve a Professional Services Agreement with David Evans and Associates, Inc., for professional environmental services to prepare an Initial Study, Mitigated Negative Declaration, and air quality and noise studies not to exceed cost of $43,963.00, and authorize the City Manager to the sign Agreement. DISCUSSION: The applicant (Lennar Homes) proposes the development of 79 residential condominium units on a 4.25 -acre site located at 900 Newport Center Drive. The site is currently improved as the Newport Beach Marriott Hotel's tennis complex. The application includes a request for approval of a General Plan Amendment, Zone Change, Tract Map, Parcel Map, and Modification Permit to construct the new residential development. Staff has conducted a preliminary evaluation of the proposed project and has concluded that a Mitigated Negative Declaration should be prepared for the project. Council Policy K -3 allows the City to select a qualified consultant for environmental services without a competitive bidding process. However, staff requested a proposal from three consultants and the proposal from David Evans and Associates, Inc. was selected for approval due to experience, cost, scope of services provided and timeline. The consultant has provided a proposal to perform professional environmental services for the City of Newport Beach for the preparation and processing of the Initial Study and Mitigated Negative Declaration and supporting documents for the project at a cost of Barbara Condo Project October 12, 2004 Page 2 $38,228.00. A copy of the proposal is attached to the draft professional services agreement that is attached to this report. Staff has reviewed the scope of services and believes that it will be adequate to meet or exceed the minimum requirements set forth by the California Environmental Quality Act. The scope of services will include the noise and air quality studies in addition to the preparation of the Initial Study and Mitigated Negative Declaration documents. The environmental consulting fees for tasks described in the scope of services including staff hours, technical studies, direct expenses, and printing have been reviewed by staff and are considered appropriate and warranted. In addition to the above mentioned fee, staff is requesting the City Council to authorize the City Manager to grant an additional fifteen percent (15 %) above the proposed cost to cover any unforeseeable amendments to the proposed project. The total cost plus an additional 15 percent would be $43;963.00. Funding Availability: The cost of the contract, including staff time associated with its review and production, will be the responsibility of Lennar Homes. Prepared by: Submitted by: /Z'L� R salinh M. Un , As ociate Planner L/;'1J —1— Patricia L. Temple, Planning Director Attachments: 1. Draft Professional Services Agreement with draft proposal from David Evans and Associates, Inc. 0 0 Attachment No. 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this _ day of 2004, by and between City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City."), and David Evans and Associates, whose address is 23382 Mill Creek Drive, Suite 225, Laguna Hills, CA 92653, (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 an Initial Study and Mitigated Negative Declaration and other environmental documents in accordance with the California Environmental Quality Act for the Santa Barbara Condominiums proiect (PA2004 -169). located at 900 Newport Center Drive, Newport Beach, California. 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 for the purpose of implementing this Agreement is Karen L. Ruggels, Vice President Principal —in- Charge of David Evans and Associates. 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 15th day of October. 2004, and shall terminate when the City takes final action on the Mitigate Negative Declaration, and a notice of determination is filed as required in accordance with 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. All work and documents shall be prepared in accordance with and shall contain all items go 0 required by the California Environmental Quality Act (CEQA), CEQA Implementing Guidelines and City of Newport Beach ordinances and policies. Consultant shall furnish all environmental documents and forms to City in electronic format, Microsoft Word 2000, or other format acceptable to City. 2.1 If Consultant is requested by City to revise or supplement the draft or final Mitigated Negative Declaration, with additional data, information or analysis as a result of the Mitigated Negative Declaration's failure to comply with requirements of CEQA, Consultant shall provide such revision or supplement at no additional cost to City provided that such revisions are within the scope of work required in Exhibit "A ". 2.2 If changes to existing laws, rules, regulations or policies of any state, federal or local governmental authority having jurisdiction over the project occur during the term of this Agreement that require modification of the draft or final Mitigated Negative Declaration, Consultant will perform such additional services on a time - and - materials basis. 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 W. 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 Thirty -eight thousand two hundred twenty -eight dollars ($38.228). 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 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 the billing schedule outlined in Exhibit "A ". 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 such approval. 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 sub - consultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have N • M 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 9/6) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE All of the services shall be performed by Consultant or under Consultants 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, penults, 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 tens of this Agreement. 4.1 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 fumish 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 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 3 R, 40 0 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. T. " 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 Dustin Fuller to be the Environmental Task Leader (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. 7.1 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 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 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 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. Il 0 • M 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 LAW 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 attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' 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. S 0 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 million 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 $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance that covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000), if available. Said policy or policies shall be endorsed to state that coverage shall not be canceled or materially altered 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 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 D fJ 0 40 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 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 L. Temple, Planning Director, shall be considered the Project Administrator and shall have 7 11 as 0 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 percent (79'0) 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 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 The Consultant or its employees may be subject to the provisions of the Califomia 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. [3 16 0 40 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: City of Newport Beach Patricia L. Temple Planning Director 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 Phone: (949) 644 -3200 Fax: (949) 644 -3229 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: David Evans and Associates, Inc. Karen L. Ruggels Vice President Principal -in- Charge 23382 Mill Creek Drive, Suite 225 Laguna Hills, California 92602 Phone: (949) 588-5050 Fax: (949) 588 -5058 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 0 so 0 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. 25.1 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. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 27. WAIVER A waiver by either party of any breach, of any tens, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other tern, covenant or condition contained herein whether of the same or a different character. 28. 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 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. 29. 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. iG] la • M 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: a LaVonne Harkless City Clerk City of Newport Beach CITY OF NEWPORT BEACH A Municipal Corporation 2 Homer Bludau City Manager City of Newport Beach CONSULTANT: in Attachments: Consultant Proposal (Exhibit A) 11 Karen L. Ruggels Vice President Principal -in- Charge David Evans and Associates, Inc. 13 ® Q October 1, 2004 EXHIBIT A City of Newport Beach 3500 Newport Blvd., PO Box 1768 Newport Beach, CA 9263 Attn: Rosalinh Ung SW,iect: PROPOSAL TO PROa ;_E ENNOR:CNMENT,t`L SERVICES TO TI-,E CI -Y OF NEINPORT BEACH' FOR HE PRGPOSED SA NT T A SARSARA CONDOMINIUMS PFC'1GCT Dear Ms. Ung: David Evans and Associates, Inc. (DEA) has the specific qualifications needed to provide environmental services for The City of Newport Beach in its review of the proposed Santa Barbara Condominiums project. DEA is a full - service multi- disciplined consulting firm. Our combined expertise and experience enable us to provide professional environmental services, as well as a wide array of planning engineering, surveying, and landscape architecture services to private and public sector clients. DEA recognizes that the preparation of an understandable, well - written and objective environmental report is a critical part of the project review and implementation processes, and DEA has the staff and resources to ensure that we can respond to your needs. We have a proven management plan that will ensure that task orders will be completed on time and within budget. DEA's Laguna Hills office will function as the headquarters for tasks and work assignments associated with this project. We have selected Dustin Fuller as your environmental task leader. Karen Ruggels, Vice President, will be your Principal -in- Charge: Supported by our in -house staff of environmental analysts and specialists, as well as our team of subconsultants specifically selected for this project, we will provide the City with the particular expertise necessary to ensure the successful completion of the EIR. The DEA team is ready to "step in" and complete the environmental review for the project. The address and telephone numbers for our office are presented below: David Evans and Associates, Inc, 23382 Mill Creek Drive, Suite 225 —:aY1, � 1;eI Z 4 ^;` -` Laguna Hills, California 92653 �. Phone: (949) 588 -5050; Fax: (949) 588 -5058 ` t The DEA project team is your consultant team of choice. It has been assembled to provide the City of Newport Beach with the quality of professional consulting services necessary for the project in the most efficient and comprehensive manner possible. DEA maintains strong relationships with our clients due to the quality of services we provide, and we will take every step to meet or exceed your environmental review expectations for the Santa Barbara Condominiums project. We would like to express our sincere enthusiasm over the prospect of working with the City of Newport Beach. Please feel free to contact me should questions arise from this proposal, during contract negotiations, or throughout the duration of the contract. If you need additional information, or if DEA can be of service to the City in anyway, please do not hesitate to reach me at (949) 588 -5050. Sincerely, DAVID EVANS AND ASSOCIATES, INC. r Karen L. Ruggels, Vice President D in Fuller Principal -in- Charge Project Manager H ® O D Prepared Ibr: City of 1Vewport Beach Attn: Rosalinh Ung, Associate Planner 3300 Newport Boulevard Newport Beach, CA 92658 Phone: (949) 644 -3208 Prepared by: David Evans and Associates, Inc. 23382 Mill Creek Drive, Suite 225 Laguna Hills; .California 92653 Dustin Fuller, Project Manager Phone: (949) 588 -5050; Fax: (949) 588 -5058 E-mail: djf @deaine.com October 1, 2004 Y 15 Section 1 Introduction Section 2 Proposed Work Program Section 3 DEA Team Section 4 Project Schedule Section 5 Fee Schedule Section 6 Relevant Experience and References APPENDIX: Resumes of Key Staff PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 (D 0 M V®o David Evans and Associates (DEA) is pleased to offer this proposal to provide professional environmental services for the proposed Santa Barbara Condominiums project. DEA is particularly qualified to provide the necessary services for the preparation and processing of the Initial Study and Mitigated Negative Declaration forthe proposed project: Since 1976, we have been fulfilling the need for high- quality environmental planning, engineering, landscape architecture, planning and surveying services that are timely, accurate, and cost - efficient. Founded upon these disciplines, DEA has grown from a site development firm to the multi - disciplinary firm it is today. DEA maintains strong relationships with our clients. We are organized around a system where one professional staff member is the central contact for each client. This system ensures that there is always at least one person responsible for maintaining the relationship and working with the client. DEA's Environmental Services Successfully balancing social, economic, and environmental interests in our world today is a challenge for people, companies, and agencies. DEA helps our clients meet these regulatory challenges by staying up -to -date on the latest scientific information and environmental regulations; maintaining a staff of trained, certified, and experienced environmental professionals; and considering the whole project when solving environmental issues. DEA provides environmental planning services to both public agencies and private sector clients. We specialize in preparing environmental documents in compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Specifically, DEA provides the following services: CEQA/NEPA documents (Notice of Exemption, Initial Studies (IS), Negative Declarations (ND), Mitigated Negative Declarations (MND), Environmental Assessments (EA), Finding of No Significant Impacts, Environmental Impact Reports (EIR), Environmental Impact Statements (EIS)) Technical studies in support of environmental documents Mitigation monitoring and reporting plans (MMRP) Permit processing with local, state and federal agencies (Section 404 permits, Section 401 Certifications, 1601/1603 Streambed Alteration Agreements, and NPDES). Our staff has prepared NDs, MNDs, Initial Studies, EIRs, EISs, EAs, and related environmental clearance documents for a range of public and private projects throughout California, including those for residential, commercial, industrial, and mixed -use developments; school, colleges and other institutional uses; public facilities; and redevelopment projects, general plans, annexations, and transportation plans. Our staff is also skilled in preparing Zoning Ordinances, Specific Plans, Design Guidelines and Development Standards, Local Coastal Program Amendments, Rezones, Community and General Plans and amendments, and permit applications. By accurately establishing existing conditions, conducting detailed impact evaluation, developing 1 implementable mitigation measures, and understanding the mechanisms available for applying effective mitigation monitoring and reporting programs, DEA adds efficiency to the environmental 4 Y PROPOSAL TO PREPAREAN INITIAL STUDYAND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 ' 1 to ! V®o review process and allows for modification and interaction as the review process evolves. In the long run, this can eliminate unnecessary delays as the process comes to a close. Our approach to environmental analysis is structured not only to be comprehensive, but also to provide maximum flexibility and control. This approach ensures selection of the appropriate environmental document and that all needed analysis can be undertaken efficiently and expeditiously,. without affecting the project schedule. Our staff has successfully completed the environmental review and permitting for a variety of public and institutional projects and is thoroughly familiar with the issues that can surround a project of public interest. DEA's expertise and proficiency in local, state and federal permitting requirements are qualities that DEA is proud to bring to the City of Newport Beach. Our knowledge of environmental regulations allows us to readily understand the overlap of requirements and scheduling of critical events in a manner which avoids duplication and unnecessary project delays. By knowing what is required for each project, we are able to visualize the end result and carefully strategize the steps necessary to get there. When an unexpected obstacle is confronted, we have the knowledge and tools to maneuver and quickly remedy the situation. DEA's environmental services are proven by our positive results. Environmental reports and documentation prepared by DEA meet or exceed the requirements of federal and state environmental laws and related regulations, and DEA has demonstrated success in working with regulatory and resource agencies. DEA's environmental analysts are supported by professionals in a variety of other disciplines that include planning, Geographic Information Systems (GIS); civil, structural, environmental and transportation engineering; and landscape architecture. DEA's graphics are prepared by professionals experienced in graphic arts, layout, computer design, and landscape architecture. Documents prepared by DEA are professionally produced using a variety of publishing techniques to ensure high quality products. These are easy to read and reproduce for public review and decision -maker consideration. Our report production expertise is supported by access to large data banks, which assist in our research. DEA's strengths include GIS applications and implementation, involving services such as user needs assessments, database design, data conversion, base and utility mapping, programming, equipment acquisition, training, and support. We use various computer programs including ARC /INFO, Auto CAD, Intergraph, WILDsoft, and Softdesk and Sun and Intergraph workstations. We have also customized these programs for use as tools in our engineering, land use planning, environmental, and transportation planning efforts. DEA has experience in working directly with staff members of a variety of public jurisdictions and private clients to achieve successful processing of projects. Working directly with local community groups, other agencies and jurisdictions, and local interested citizens, we can understand and analyze the simplest to the most complex of issues. Our environmental documents have withstood this severe scrutiny and evaluation. Our experiences have gained us recognition for preparing high - quality, legally defensible environmental documents, which are well - received by reviewing bodies. IIDEA is accustomed to working with applicants and clients with aggressive schedules. We are experienced in developing work programs which meet the project's scheduling challenges through efficient management techniques including, but not limited to, conducting tasks in a concurrent gmarmer; close and regular coordination with the Project Team, agency staff and subconsultants; Y PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARaARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 J V®o beginning tasks as early as possible; and avoiding down -time by active participation in all aspects of the project's review and approval processes. Understanding the Project The Santa Barbara Condominiums project proposes the development of 79 residential condominium units on a 4.25 -acre site, located at 900 Newport Center Drive in the City of Newport Beach. Development is anticipated to include five residential structures, with a total livable floor area of approximately 205,000 square feet and approximately 100,000 square feet within subterranean parking garages. The structures would vary between three and four stories and be approximately fifty to sixty feet tall. In order to allow the proposed project, a General Plan Amendment, Zone Change, Tentative Parcel Map, and a Tentative Tract Map from the City of Newport Beach, and a Coastal Development Permit from the California Coastal Commission would be required. The site is currently developed with eight tennis courts, a clubhouse, and associated parking for the Newport Beach Marriott Hotel. Uses surrounding the site include the Newport Beach Country Club Golf Course to the west, the Newport Beach Police Station, a fire station and the Newport Beach Chamber of Commerce to the north - -, the Newport Beach Marriott Hotel to the south, and multi- family residential and commercial office spaces to the east. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the proposed development is considered a "project" and subject to environmental review. The City of Newport Beach is serving as the Lead Agency and is soliciting a proposal for environmental consultant services that would be needed for the project. Based on the City's preliminary analysis, it is anticipated that an Initial Study in support of of a Mitigated Negative Declaration (MND) would be needed for the project. A traffic study will be prepared by a separate consultant and provided to the environmental consultant for use in the Initial Study analysis. The City would like to retain the services of an environmental consultant to prepare the requisite documentation and assist the City in the environmental clearance for the project. These services would include: Phase 1 0 Review of the Traffic Study; and 0 Preparation of the Initial Study. Phase 2 • Preparation of the Mitigated Negative Declaration; • Circulation of the draft documents for public review; • Response to comments on the Mitigated Negative Declaration; • Preparation of notices and other necessary related documents; and • Attendance at meetings and hearings on the environmental review process. ti PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 f9 to 0 V ® 0 It is anticipated that an Air Quality Study and a Noise Study would be needed to support the analysis in the Initial Study. The Request for Proposals does not specify the need for these studies, as such, DEA will provide these studies as optional tasks. Based on our understanding of the project and a site survey, issues that are expected to be of concern for the project include: 0 Increases in traffic volumes on Santa Barbara Drive; A Increases in air emissions of criteria pollutants from increased traffic; d Noise impacts from project - related traffic on existing and proposed sensitive receptors; • The consistency of the amendments to the General Plan and Zoning Ordinance with the City's goals and policies; and • Changes in views of the site from adjacent parcels. DEA is offering our environmental consultant services to the City of Newport Beach to prepare the appropriate environmental documentation for the proposed Santa Barbara Condominiums project. Under the direction of the City's assigned Project Manager, DEA will be responsible for preparing and processing the Initial Study and Mitigated Negative Declaration. DEA will incorporate the findings of the technical studies prepared for the project into the Initial Study. DEA will then be responsible for the processing these environmental documents, including preparation and filing of the necessary notices, public distribution of the documents during the review period, preparation of response to letters of comments, final documents, and attendance at public hearings for the project. Although not requested by the Request for Proposal, a Coastal Development Permit would be required by the project. DEA has extensive experience processing a wide variety of permits through various public agencies, including the California Coastal Commission. If requested, DEA can provide an additional scope and cost to process a coastal development permit. *=(Q Y PROPOSAL TO PREPARE AN INIPAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 q d U • M V®o Presented below is DEA's anticipated work program for completing and processing the Initial Study/MND for the proposed Santa Barbara Condominiums project. Additional issues or refinements to the scope of work may be warranted as a result of additional review by the City. Minor project, changes care be - easily incorporated into the environmental document without significantly affecting the overall project scope, schedule, and costs. hi some cases, however, major changes occur to a project, requiring wholesale modifications to the project description, which must be reflected throughout the document text and graphics. Should this occur as part of the proposed Santa Barbara Condominiums project, we will discuss the project changes with the City and determine if an amendment to our Scope of Work and Budget is warranted. DEA will make every effort to work within our proposed Scope of Work and Budget, and will make a commitment to stay on- schedule, depending on the extent of modifications, which may arise during our preparation, and processing of the Initial Study and MND. All environmental documents prepared by DEA as presented in this proposal shall be prepared in . accordance with the City of Newport Beach's environmental review procedures; with the criteria, standards and procedures of the California Environmental Quality Act (CEQA) of 1970, as amended, (Public Resources Code Sections 21000 et seq.) and the CEQA Guidelines (Public Resources Code Section 15000 et seq.); and with other applicable regulations, requirements and procedures of any other responsible public agency or any agency with jurisdiction by law. Our scope of work includes the completion of the Initial Study during Phase 1 and the completion of the Mitigated Negative Declaration and the environmental review process under Phase 2. PHASE 1— INITIAL STUDY PREPARATION 1.1 Organizational Project Team Meeting At project initiation, DEA will meet the City's Project Manager to identify project goals and objectives; to obtain project plans, studies and related information; and to establish and confirm the project schedule and deliverables. This will be beneficial in avoiding duplicated efforts and setting up a process directed at project efficiency and timeliness. 1.2 SiteAnalysiVData Collection DEA will conduct a physical site analysis based on the information provided by the City, other technical experts associated with the project and other data we have gathered for the project. This task will also include a review of the conceptual Site Plan, the City's General Plan, Zoning Ordinance and other relevant ordinances, and any studies completed for the site and the project. The review of the available documents will focus on developing a clear and concise project description of the proposed Santa Barbara Condominiums project, for use in the Initial Study. 1.3 Technical Studies DEA's scope of work includes the optional tasks of the preparation of an Air Quality Study and a Noise Study. We have provided scopes below for these optional tasks under this work program. Review of Traffic Study - DEA traffic engineers will provide an independent review of the Traffic Impact Analysis (TIA) to be prepared by others, for accuracy and completeness. F1 UP PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARaARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 1 ® O DEA will then provide the City with comments or suggested revisions, if any. We assume that the applicant's consultant will then be responsible for any revisions. DEA will summarize the findings of the traffic study for use in the analysis of traffic impacts. Optional Aar Quality Study - An optional air quality study will be prepared by Giroux and Associates. Work scope items to implement this analysis include: • Characterize the existing air environment, highlighting any development opportunities presented or constraints imposed by existing (and projected future) air quality. • Evaluate air quality implications of proposed project using the LTRBEMIS2002 model. O Prepare air pollution burden calculations resulting from project - related traffic, and energy use. • Analyze development plan consistency with SCAQMD regional air quality strategy and State Implementation Plan (SIP). • Identify relevant mitigation measures for general development, particularly the jobs/housing balance goals and appropriate transportation control measures of the last adopted (1994) SIP. Optional Noise Study — An optional Noise Study can be prepared by Giroux and Associates. The tasks for completing this study are outlined below: • Perform limited on -site ambient noise monitoring to develop a baseline noise characterization. • Develop a baseline noise exposure profile (CNEL or Leq as appropriate). • Analysis of demolition and construction activity impacts on nearby sensitive land uses • Analysis of site related noise constraints from ambient and future traffic volumes,. as well as current loading dock operations at the Marriott Hotel. d Relate project noise impacts to the noise/land use compatibility guidelines in the City of Newport Beach's Noise Element and Noise Ordinance. Develop a noise mitigation plan for any predicted noise impacts that represent a constraint to the project area development opportunities. 1.4 Initial Study The Environmental Analysis discussion in the Initial Study will form the basis for the Mitigated Negative Declaration and will provide the necessary background for determining the potential for significant environmental effects associated with project implementation. DEA will need to complete an Initial Study in accordance with CEQA Guidelines Section 15063 and Initial Study Checklist (Appendix G) in the CEQA Guidelines. In order to achieve the objective of a Negative Declaration determination, the Initial Study (IS) must be thorough. Each of the topics identified on the environmental assessment form contained in the State CEQA Guidelines will be analyzed to document the nature and extent of any potential environmental consequences and the need for mitigation. Many of the issue areas addressed in the Initial Study will not have the potential for significant effects (i.e., "No Impact ") due to the location and nature of the proposed project. The specific purpose of the analysis in the Initial Study will be to identify all potential significant adverse environmental impacts and incorporate mitigation measures to reduce or eliminate the adverse consequences. 11 DEA will prepare a draft Initial Study document, in accordance with CEQA and the CEQA QGuidelincs, and will include the following sections: Y PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATNE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 W • M On,I E O Introduction. This section will introduce the Initial Study, describe the purpose of the Initial Study and determination for the preparation of the Mitigated Negative Declaration and will provide a brief summary of the findings of the Initial Study. O Environmental Setting. The Environmental Setting will describe existing physical setting and characteristics of the project -site, as well as the setting and character of the surrounding area. Additionally, this section will summarize the various land use policies in the City and present their relevancy to the proposed project. O Project Description. The Project Description will provide a detailed, yet concise, description of the proposed Santa Barbara Condominiums project. The purpose and need of the project will be clearly stated, along with the benefits of the proposed. project. Discretionary actions (GPA, ZC, TTM and CDP) needed to implement the project would also be identified. 0 Environmental Analysis. This section will provide an expanded discussion of the environmental issues as presented in the Environmental Initial Study checklist. Each checklist question will be presented along with a response. A statement will be provided to clearly support the checklist response to each question. References used as the basis for the analysis would also be listed after each response. Based on our understanding of the project and the proposed site for the Santa Barbara Condominiums project, we expect that more detailed discussion of the following issues will be needed in the Initial Study. • Land Use and Community Character — The consistency of the Santa Barbara Condominiums project with the City's General Plan and Zoning Ordinance and conformity of the project with other land use plans and policies for the site and the surrounding area will be analyzed. The analysis will also focus on land use compatibility with adjacent commercial land uses and residential development. Traffic — Impacts associated with the increase in vehicle traffic volumes on Santa Barbara Drive and the surrounding roadways would be identified, along with the needed roadway improvements to maintain acceptable operating levels of service. The analysis will be based on the traffic study to be prepared by others. • Short -term Noise and Air Quality Impacts — Construction of the Santa Barbara Condominiums project will result in short-term noise and air quality impacts. Scheduling construction/demolition activities and adherence to local regulations regarding hours for construction would avoid significant impacts associated with construction noise. Relative to air quality impacts, dust is normally the primary concern during the construction of new buildings and infrastructure. The air quality impacts of the proposed project would be analyzed in accordance with the requirements of the SCAQMD, as provided in the District's CEQA Air Quality Handbook. Air quality and noise impacts Y PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 a3 of 0 m associated with increases in vehicle traffic on area roadways would also be analyzed. Aesthetics — The site and the surrounding area have views of the adjacent golf course. Construction of the condominiums on the site would change views of the site and through the site. This would be analyzed in the Initial Study. Since the project site is developed with the existing tennis courts, clubhouse and associated surface parking lot, no biological resources or cultural resources are expected to be present on the site. Also, since the site is in use, it is anticipated that public services and utility and infrastructure systems are present to serve the site and the proposed project. While significant adverse impacts are not expected on these environmental issues, as well as on population and housing, mineral resources, and recreation, a detailed analysis of the impacts and the findings will be provided in the Initial Study. This will provide the needed supporting documentation for the Mitigated Negative Declaration. A Mandatory Findings of Significance. This section of the document will provide a discussion of the project's impacts, as they relate to the mandatory findings of significance under CEQA.. Similar to the discussion in the Environmental Analysis section, a response will be presented for each of the Mandatory Findings of Significance questions, as found in the Initial Study Checklist. Any mitigation measures developed to reduce adverse impacts will also be identified, to support the determination of a Mitigated Negative Declaration. O Appendix The Environmental Initial Study checklist will be included as an appendix to the document, along with the technical studies prepared for the project. 1.5 City Review Once the draft Initial Study is completed, they will be presented to the City of Newport Beach's Project Manager for review and comment. This task will ensure that the information provided in the Initial Study relative to the project actions and description is accurate and that the Initial Study reflects any modifications to the project which may have occurred during the time the Initial Study was being prepared. I.6 Mitigation Monitoring and Reporting Program In compliance with AB 3180 (PRC 21081.6), which requires the monitoring of mitigation measures and reporting their implementation to ensure compliance as part of specific project approvals, DEA will prepare the Mitigation Monitoring and Reporting Program for the project. Monitoring would be linked to specific stages of project development, such as building permit, and/or certificate of occupancy, to ensure that all mitigation measures are implemented. PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 ,;� Y 0 0 V PHASE 2 — MND AND ENVIRONMENTAL REVIEW 2.7 Mitigated Negative Declaration (MND) Based on the findings in the Initial Study,DEA will prepare the MND, which will include a brief summary of the project and the environmental analysis, identify the needed mitigation measures; and provide the City's findings for adoption of the MND. 2.2 Public Distribution Following review of the Initial Study and MND by the City of Newport Beach, DEA will make the necessary revisions to the draft Initial Study and MND and prepare the documents for public review. We assume one revision of the preliminary document, prior to the document being circulated for public review. DEA will also prepare the Notice of Availability/Notice of Intent DEA will distribute the Notice and draft Initial Study and MND to City staff, responsible agencies and other interested parties to initiate the public review period, but we assume that the City will be responsible for providing the mailing list and posting and/or noticing in the Iocal newspaper. 2.3 Response to Letters of Comment Upon completion of the 30 -day public review period, DEA will prepare written responses to all letters of comment received. All comments received in response to the Initial Study and Mitigated Negative Declaration will be discussed with the City of Newport Beach's Project Manager, and an approach to the responses will be agreed upon prior to preparation of the responses. Draft responses to comments will be submitted to the City for review. Once finalized, DEA will provide copies of the responses to agencies and parties that provided written comments on the Initial Study and MND. DEA will then revise the Initial Study and Mitigated Negative Declaration in accordance with staffs directions, will prepare the final documents. The Final Initial Study and MND will include necessary agreed upon revisions requested by staff or as a result of the Public Review process, Letters of Comment and Responses, and the Mitigation Monitoring and Reporting Program. 2.4 Meetings and Public Hearings During preparation of the environmental document, DEA may be requested to attend project team meetings where environmental issues are the focus. Additionally, DEA may be requested to attend meetings with the City where impact assessments and/or mitigation strategies are discussed. Our proposal assumes that DEA will attend one (1) organizational Project Team meeting, three (3) meetings with City staff, and two (2) public hearings. Additional meetings will be performed on a time and materials basis, as requested by the City. Teleconference calls to discuss the project status, various project features or issues and other matters related to the project would be part of project coordination and would not be counted as meetings. DEA will also prepare and file the Notice of Determination for the project, after the City's adoption of the Mitigated Negative Declaration. In addition, we will prepare the Certificate of Fee Exemption/De Minimis Impact Finding, in accordance with Section 711.2 of the Fish and Game Code. After obtaining signatures on these documents by the City, DEA will file the Notice and Certificate with the County Clerk. PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 ('25 Y The successful preparation of an environmental document and implementation of an effective mitigation program is due in large part to the quality of the project team, whose expertise is essential in providing technical analyses and supporting documentation in an efficient manner. Similar to every project, each project team is unique. With the size of our firm and the diverse expertise of each individual at DEA, we have the ability to choose a proven project manager with the necessary expertise to suit the needs of the project. Similarly, we can designate an experienced team to provide the various technical elements that are required for the project. DEA has organized an experienced group of individuals for the preparation of the Initial Study /MND for the proposed Santa Barbara Condominiums project that will provide the City of Newport Beach with a responsive, technically competent, and efficient team. DEA is proud to present a strong team with the knowledge, experience, and enthusiasm to achieve the City's goals. To serve the City of Newport Beach, we have selected Karen Ruggels to serve as the Principal -in- Charge and Quality ControtlQuality Assuranee Manager. Ms. Ruggels is a senior member of the DEA staff,- with 25 years of experience on environmental projects for California. Dustin Fuller will directly support Ms. Ruggels and will be the Environmental Task Leader for the project. DEA's qualified staff of environmental planners and technical experts will support Ms. Ruggels and Mr. Fuller to ensure accurate analysis of environmental issues and efficient use of staffmg and resources for the project. Organization of our project team is illustrated below. A brief introduction to DEA's primary project team members follows our organizational chart. Complete resumes are provided in the Appendix. Je'raemy Fusselmen =E�v�ron ,t } t�,Anatysl' p�,Amy Gramhcha „< Env�rronmental Analy.�t�'. s„ Hans �aierou� y.. s �,S�,r�Jhlia 4Nr rR i � S} Saenhst,��?� Trans�o�rMahon Engineer. N .1{ SEA r xDEA .r r Girouxand Assoaates is , DEA I PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATFD NEGATIVE DECLAP.AroN FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 • M :Vll a Karen Ruggels — Principal -in- Charge Ms. Ruggels brings to your project nearly 25 years of environmental experience in both the private and public sectors. Her expertise includes implementing environmental review under CEQA and NEPA, as well project management, resource agency coordination, site and policy planning and public presentations. She has managed a wide variety of projects ranging from large -scale land development to public facilities and is skilled in working directly with public interest groups to discern and evaluate potential public concerns. Particularly relevant to the work effort necessary for the Santa Barbara Condominiums project is Ms. Ruggels' ability to work side -by -side with public agency staff. Ms. Ruggels has been working directly with City and County staff members in a variety of jurisdictions throughout her professional planning experience. She has developed an outstanding relationship based on her professionalism, responsiveness, conscientiousness and honesty. Additionally, Ms. Ruggels regularly works with staff of other jurisdictions, U.S. Army Corps of Engineers (ACOE), U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), California Coastal Commission and Caltrans. Ms. Ruggels is able to coordinate the interrelationship of a variety of public agencies with local approvals. Added to Ms. Ruggels' wealth of experience is her ability to work directly with public interest groups to discern and evaluate potential public concern relative to a particular project. For the Santa Barbara Condominiums, Ms. Ruggels will serve as our team's QA/QC officer. o Dustin Fuller — Environmental Task Leader Mr. Fuller is a project manager with DEA and has over eight years of experience in the environmental planning field. His experience includes preparation of CEQA and NEPA documents for general plans, redevelopment projects, and mixed -use projects for a variety of commercial and residential uses. Mr. Fuller has wide - ranging experience in the preparation of Environmental Impact Reports (E1Rs), Negative Declarations, Environmental Impact Statements (EISs), and Air Quality and Noise Quality Technical Reports. Additionally, Mr. Fuller has training and knowledge with a wide variety of land use and planning issues such as: zoning, general plans, variances, setbacks, housing, historical buildings, community planning, transportation, and growth inducement. Of particular relevance is Mr. Fuller's project experience including a General Plan Amendment and rezone for the Espanada Specific Plan in Chula Vista; preparation of environmental documents in support of, and acquisition of Coastal Development Permits from the California Coastal Commission and City of Del Mar for the North County Transit District. Lastly, Mr. Fuller brings the ability to work well in project teams to prepare documents that are thorough and legally defensible. For the Santa Barbara Condominiums project, Mr. Fuller will be the Environmental Task Leader and will be responsible for coordinating with the City and the efforts of our staff, in preparing the Initial Study/ ND and associated documentation, and ensuring that all deliverables are prepared on- schedule. o Jeremy Fusselman —Environmental Analyst Mr. Fusselman is an environmental planner and analyst with DEA. His experience in environmental planning includes research and writing EIRs, and other environmental resource studies for the private sector. Additionally, Mr. Fusselman is knowledgeable with preparing and processing project applications. He is familiar with Geographic Information Systems (GIS), water resources /toxicology, natural resource management, and urban planning. Mr. Fusselman is also PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATNE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 A-) Y to 0 V0 efficient in data collection, research and analysis. A few projects that he has provided environmental research and report preparation for include the Annexation 156/Pre- zoning/Foothill Boulevard Street Improvement Project IS/MND in Fontana, Espanada Specific Plan EIR, and the Costco National City EIR. He will assist in the preparation of the environmental documents for the Santa Barbara Condominiums. m Amy Gramlich — .Planning Analyst Ms. Gramlich is an environmental planner and analyst with DEA. Her experience in environmental planning includes assisting in the research and preparation of Initial Studies and Mitigated Negative Declarations (IS/MNDs), and EIRs. Ms. Gmmlich is familiar with issues pertaining to natural resource management/conservation and city planning issues. She has provided environmental research and report preparation for the Francis Parker Upper and Middle School IS/MND, Empire North Fontana Project ERt, Esplanade Specific Plan IS/MND, Espanada Specific Plan EIR, and the San Jose Community Day School IS/MND. She will assist in the Initial Study research and analysis for this project. s Julia Wu — Transportation Engineer Ms. Wu is a transportation engineer with professional experience in transportation/ traffic operation analysis, traffic impact study, mitigation design, and preliminary engineering for Major Investment Study. She also has professional PS &E experience in traffic signals, signing, striping, detour /traffic control, highway and street improvement design. Ms. Wu will provide independent review of the traffic study prior to our use in the IS. Giroux & Associates Giroux & Associates, under the direction of Hans Giroux, has been providing air quality and noise consulting services for wastewater projects for over twenty years. Mr. Giroux has extensive experience in the Inland Empire and southern California region. He has written community noise ordinances and General Plan Noise Elements. Hans' noise expertise is in the conduct of impact assessments for roadway sources, construction equipment and gravel plants, industrial equipment, gas recovery plants, recreational activities and oil refineries. He also has extensive experience in monitoring ambient noise levels and the calibration of highway traffic noise using the FHWA -RD- 77 -108 model. In addition, he has prepared noise mitigation studies, including barrier design, location, equipment noise control and residential retrofits. Mr. Giroux's air quality experience includes air quality impact assessments for transportation systems; industrial emission sources; commercial, residential, institutional and recreational uses. He has also developed numerical airflow analyses and conducted numerous meteorological and air quality data acquisition programs. He has a strong emphasis in and environment, geothermal development, odors and nuisance, and regional pollution impacts in Southern California. The optional air quality and noise studies will be provided by Giroux and Associates, if the City decides on these studies. PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER t, 2004 AK 4. • M V®o DEA has been commended many times for meeting and beating project schedules set by our clients. We realize the importance that has been placed upon our firm to provide a quality product in a timely manner. "On time" and "On budget" are some of the terms frequently used by clients, but very few consultants are-able to live up to these standards. DEA has an excellent reputation for meeting both of these criteria. When DEA takes on a project, we are committed to seeing that project through to a positive completion. The best indicator of our ability is in our repeat business with various clients and agencies. We understand the need for accelerated schedules and have a great deal of confidence in our ability to meet project schedules. The demonstrated proficiency with which DEA manages concurrent complex, multi - disciplinary task projects is a major factor in the demonstrated success of our firm and the exceptional quality of our documents. We have consistently maintained excellent performance while managing several simultaneous assignments of diverse scopes. Specific aspects of DEA's internal operation, which allow an efficient management of personnel assigned to the project, will prove valuable to the completion of work assignments in a timely manner. Specifically, the following personnel resources management plan will be applied to the project: O Consistent with DEA policy, we have assigned a Project Manager with specific relevant experienced to see the project through to completion; 0 The Project Manager will maintain a 3 -month staff workload of all environmental projects within DEA, updated weekly to ensure that staff is available to complete tasks and meet project milestones and target dates. O At project initiation, a project work plan will be defined, detailing scope, schedule, budget, and assignments. • Total Quality Management requirements will be identified at project on -set to match the specific project discipline. • A project kick -off meeting will be conducted involving all key project personnel. • A project team roster will be prepared and kept updated, including project - specific e- mail distribution lists to rapidly exchange information. • Internal to DEA is our centralized accounting system, which will track labor weekly and bill monthly. DEA will work closely with the City staff to ensure the completion of work products within established schedules. To assist DEA's project managers in meeting tight schedules, DEA utilizes computer software, such as Microsoft Project and Primavera, to create a critical path schedule and to identify start and end times for each task, slack times for non - critical tasks, and dependencies between tasks. Once adopted, the schedule is reviewed on a weekly or bi- weekly basis to ensure that tasks are progressing as planned. When deviations to the schedule result from factors beyond our control, the schedule is updated to reflect current estimates for completion dates and staffing requirements. If a scheduling conflict is identified during the team's weekly meeting, the project manager is responsible for resolving the conflict. Provided below is a preliminary Project Timeline for DEA's work efforts that has been developed for the project and will be refined as part of the initial phase of our work efforts. The schedule defines milestones and assigns tasks based on the required scope for the project. The schedule Y PROPOSAL TO PREPARE AN INITIAL STUDYAND MITIGATED NEGATfvE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER t. 2004 M to 0 M reflects the required CEQA review for the Initial Study and;MND (30 days). Once a start date has been developed, DEA will meet with the City to refine the project schedule, as necessary. A detailed schedule will then be submitted to the City. DEA will monitor and adjust the schedule regularly as the project progresses. This management procedure will alert DFA and City staff to any delays, rescheduling needs, or assignment of additional staff. As shown, DEA will be.able to provide the City with the draft Initial Study ten weeks after the Notice to Proceed and the time we receive the plans and studies for the project. It is also anticipated that the environmental review process would be completed within approximately 20 weeks. � Rh F dmL$IY117tI1S Ate@ - - --- .- .Tmc & ------- ------ 7 :_8 9 x;11 12 13.14 15.16 IT 18 19 ■ '•�: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■■■■■ ■ fl•:, 6i.:• VON is . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ .• r. `i •o. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 30 21 Our proposed fee schedule is presented on the following page. As shown, professional services will cost $34,728.00. Direct costs for other 'items incurred on the City's behalf are estimated at $3,500.00, and will cover reproduction and mailing costs of the Initial Study during the public review period and delivery or messenger services. The total fee for our environmental services, as presented in this proposal, would be $38,228.00. The optional air quality and noise studies are expected to add $4,180.00 to the fees, if selected. Fees and costs proposed in our budget are in effect for one year from the point we receive the Notice to Proceed. Budget control will be the responsibility of DEA's Program Manager. We will monitor the time our staff spend on assigned tasks to ensure that we maintain our agreed upon budget. Additionally, DEA's project manager will regularly communicate, via phone calls and e -mail, with all members of our project team, as well as City staff, to provide regular updates of our work efforts. This will ensure that our efforts progress efficiently and will be valuable in alerting City staff in an expeditious manner of any critical issues that may develop during our work. Invoices for work completed will be submitted to the City staff on a monthly basis. PHASE 1: INITIAL STUDY PREPARATION 1.1 Organizational Team Meeting 1.2 Site. Tour and Literature Review 1.3 Technical Studies Review of Traffic Study Optional Air Quality Study Optional Noise Study 1.4 Initial Study 1.5 City Review 1.6 MMRP Subtotal PHASE 2: MIND. and Environmental Review 2,1 Prepare Mitigated Negative Declaration 2.2 Public Distribution 2.3 Response to Letters of Comment Preparation of Final AND 'Notice of Determination 2.4 Meetings and Public Hearings (assumes 2 rings and 1 Hearing. Project Management Subtotal m Y e E E w u o `m o a — m a` w m w a ti 0 Total ^:. Fee 4 4 1,040 920 1,540 1,980 2,200 10;330 2,634 920 4 8 14 4 36 95 20 2 8 20 3 4 a 10 56 111 14 23 $21,564 .,,':':'. .:Hours -' _. Fee. 4 6 2 1,066 1,082 2,616 1,470 630 3,120 3.180 4 7 4 2 10 18 2 1 5 8 5 1 2 4 12 12 6 24 23 61 43 0 13 $13,164 TOTALI 331 1171 154 14 36 $34.728 Estimated Reimburseable. Costs (Includes out- of-pocket expenses (including, but not limited to, blueprinting, printing, 53,500 duplicatingfcopying, reproduction, photography and deliverservices) and services performed for unexpected work. Direct expenses will GRAND TOTAL $38,228 Without the optional air quality and noise studies, the proposed budget total would be: S34,0411 M III 31 to 0 M, DEA is particularly qualified to provide the necessary environmental consultant services for the Santa Barbara Condominiums project. Our ability e a to conduct environmental analyses and prepare high quality written reports is expanded by our abilities to prepare and process a variety of agency permits. -;' DEA's expertise and proficiency in local, state and federal permitting requirements are qualities that DEA is proud to bring to the City of Newport Beach. Our knowledge of environmental regulations allows us to ,readily understand the overlap of requirements, necessary timing of surveys, and scheduling of critical events in a manner which avoids duplication and unnecessary project delays'. By knowing what is required for each project, we are able to visualize the end result and carefully strategize the steps necessary to get there. When an unexpected obstacle is confronted, we have the knowledge and tools to maneuver and quickly remedy the situation. Relevant Project Experience DFA has prepared environmental documentation for a wide variety of projects in the Southern California region. DEA's work on similar projects provides the City with the experience and knowledge necessary to complete the environmental documentation for this project. This list represents only a sample of our resume and is not intended to be comprehensive. Nfurray Canyon Apartments San Dieu Californja DEA is providing environmental planning services for the Murray Canyon Apartments project. The project is located in the Mission Valley area of the City of San Diego. DEA is coordinating the environmental documentation for the project. The project involves the development of 276 one and two bedroom apartments with parking and recreational areas. The site is also adjacent to an existing sand and gravel quarry. Espanada Specific Plan Project Chula Vista California The proposed Espanada Specific Plan project proposes redevelopment of a 4.2 -acre site with two fifteen -story residential towers, sixteen residential townhomes, approximately 13,000 square feet (s.f.) retail commercial, and a high -end restaurant component comprising approximately 8,900 s.f. Surface parking would serve the townhouse, retail and restaurant uses; while a two -level below -grade _ parking facility would serve the two residential towers. The proposed Espanada Specific Plan would establish a new mixed -use zone for approximately 3.5 acres of the project site. This new zone would be designated as the Urban Residential /Commercial Zone and is intended to be compatible with the proposed Mixed -use Transit Focus Area land use classification identified in the City of Chula Vista's General Plan Update. The project proposes high - density, transit- oriented, residential development with complementary retail commercial uses to serve workers and residents of the surrounding Urban Core and the City of Chula Vista. v Y PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 4.9 .Y 0 M W®o Empire Center South, Fontana, California DEA prepared an Initial Study /MND for the Empire Center South project k .a in the City of Fontana. The document analyzes the potential environmental impacts of a proposed General Plan Amendment, Zone Change, Specific Plan Amendment, Tentative Tract Map, and Tentative Parcel Map for a Aftfik 1110- "•` 108- acre.site in the southern.section of.the City of Fontana. The project proposed the development of 414 single family homes, a neighborhood commercial area, and a park on the site. The project site was located on potential habitat for Delhi Sands Flower - loving Ffies, a federally endangered species, although no individuals of the species was recorded on the project site. The IS /MND also addressed the project's potential to result in impacts to traffic. University Gardens, San Diego, California DEA was responsible for the environmental review and permitting for a senior housing project in University City. DEA was instrumental in developing mitigation for potential impacts to wetlands caused by an offsite sewer extension, which is required to serve the project. The sewer line improvement is located within the Marion Bear Park, an important open space preserve in San Diego. Coordination for the project involves working with a variety of consultants, the City of San Diego Parks and Recreation and Development Review Departments. Glendora Condominium and Subdivision EIRs, Glendora, California DEA prepared two EIRs for residential projects in the City of Glendora. The nine -unit condominium EIR analyzed the potential for adverse impacts on an adjacent senior housing project and pre - school, while the 18 -lot subdivision EIR analyzed impacts on the various residential land uses surrounding the site. Both oLFN projects involved a zone change to a lower density designation, ��::�N •. ,'Oyr development plan review, and approval of subdivision maps. Issues . addressed in these EIRs include land use compatibility, view obstruction, A o` noise, and air quality impacts, traffic and circulation, and public services and utilities. Student Apartment Complex. California State University San Bernardino (CS&M, San Bernardino, California DEA prepared an Initial Study and Addendum to the Master Plan Revision EIR for the construction of a student housing facility on the CSUSB campus. The Student Apartment Complex included a 600 -bed complex in nine separate structures, with four to six apartment suites in each structure. This apartment. complex would be utilized.by existing and future students at CSUSB, as anticipated by the University's recently adopted Campus Master Plan. The Initial Study evaluated the potential impacts of the apartment complex, in relation to the impacts discussed in the EIR for the Campus Master Plan Revision. Orange County Animal Shelter, Tustin. California DEA prepared an Initial Study/Mitigated Negative Declaration for the Orange County Animal Care Center, which is proposed within the reuse area of former Marine Corps Air Station, Tustin (MCAS Tustin) in the City of Tustin. A Program EIR and Environmental Impact Statement (EIR/EIS) applies to the land use plan governing the broader reuse area, PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE SANTA SARSARA CONDOMINIUMS PROJECT OCTOBER 1, 2004 3 V ® Q and the MND discusses the project's relationship to the EIR/EIS. The proposed facility would house the relocated Orange County Animal Care Center, including a main building, animal enclosures, and a parking area. Issue areas for the project include its proximity to ongoing hazardous materials remediation on the former military base and potential air quality impacts. References The following is a list of private clients and public agency references that can attest to the quality of work by DEA. City of Fontana Don Williams Planning Manager (909) 350 -6723 County of Los Angeles Sam Sklar Facilities Project Manager (626) 300 -3014 City of San Diego Dick Rol Water and Wastewater Facilities (619) 533 -5124 City of San Bernardino Valerie Ross, Director Community Development Department (909) 384 -5057 City of Fontana Debbie Brazill Community Development Director (909) 350 -7613 County of Riverside Ron Goldman Planning Department (909) 955 -1897 '{ PROPOSAL TO PREPARE AN INITIAL STUDY AND MITIGATED NEGATIVE YDECLARATION FOR THE SANTA BARBARA CONDOMINIUMS PROJECT OCTOBER t, 2004 3