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HomeMy WebLinkAboutC-4387 - Environmental Consulting Services in Connection with the Beauchamp GPA and LCP ProjecttN� PROFESSIONAL SERVICES AGREEMENT WITH ICF JONES & STOKES, INC. FOR ENVIRONMENTAL CONSULTING SERVICES IN CONNECTON WITH THE BEAUCHAMP GPA AND LCP PROJECT THIS AGREE T is made and entered into as of this day of ember, 2009, ,_ d by and een the CITY OF NEWPORT BEACH, a Mu Corporation ( "City"), and JONES & STOKES ASSOCIATES, INC. a Cii6qrnia Corporation whose address is 1 Ada, Suite 100, Irvine, California 92618, ( "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 change the General Plan land use designation for the properties located at 2000 -2012 East Balboa Boulevard from PR (Parks and Recreation) to RS -D (Single Unit Residential Detached) and the Local Coastal Program land use designation from OS (Open Space) to RM -A (Medium Density Residential A) so that the land use designations are consistent with the current R -1 (Single - Family Residential) Zoning district. The properties are currently used as a tennis court and the applicant would like to reserve the subject properties for residential redevelopment of up to five dwelling units. C. City desires to engage Consultant to prepare all required materials, including a project description, field reconnaissance of the property and surrounding area, a notice of determination pursuant to CEQA Statutes and Guidelines, an Initial Study, and a Negative Declaration/ Mitigated Negative Declaration ( "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 Nicole Williams, Project Manager, and Chad R. Beckstrom, AICP, Project Director. 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: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2010, unless terminated earlier as set forth herein. 2. 3. 4. 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. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner 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 either telephone, fax, hand - delivery or mail. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty Two Thousand Seven Hundred and Forty Three Dollars and no /100 ($22,743) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. _ 4.1 Consultant shall s met m hly inv ices to City describing the work performed the precede nth. Con ultant's bills shall include the name D� of the person who perf ed the wor , a brief description of the services performed and/or th sp ific task i the Scope of Services to which it relates, the date t servi were p rformed, the number of hours spent on all work W ed on an urly basis, and a description of any 2 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 writing 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 performed 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 the Schedule of Billing Rates as set forth in Exhibit B. 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 term. Consultant has designated NICOLE WILLIAMS 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. 3 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. 6. ADMINISTRATION This Agreement will be administered by the Planning Department. MAKANA NOVA, ASSISTANT PLANNER 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is 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 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, volunteers, 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 breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials 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 sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's 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 5 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. 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 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. 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 Liability 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 Coveraae. 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 insureds with 7 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 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. 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. E:7 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization 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 All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel, or other format deemed mutually acceptable. Should maps of be the result of work performed pursuant to this agreement, consultant shall provide geographic data sets in a format compatible with the City's Geographic Information System. 19. CONFIDENTIALITY 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. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for N infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. 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. 22. 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. 23. 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 borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 10 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. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of 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: Attention: Makana Nova Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3349 Fax: 949 - 644 -3303 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Nicole Williams ICF Jones & Stokes 1 Ada, Suite 100 Irvine, CA 92618 Phone: 949 - 333 -6600 ext. 3336614 Fax: 949 - 644 -3601 27. 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 party 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 11 steps necessary to cure such default, and thereafter diligently take steps to cure the 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. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental 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. 29. 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. 30. 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. 31. 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. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 12 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. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: aron p Assistant City orney for the City of Newport Beach ATTEST: By: 4;4� P, Leilani Brown, City Clerk Attachments CITY OF NEWPORT BEACH, A Municipal Corporation By: I�,.� C�- \L.11 rpvF H �, City Manager for the City of Newport Beach CONSULTANT: BY: V (Corporate Officer) Title: �✓� f�( ��a>- Print Name: (,-L L-c�✓Y�e� Title: 6!s' //rbc �iesi�r�T Print Name�,wec Exhibit A — Scope of Services and Billing Rate Exhibit B — Schedule of Billing Rates F:\users\cat\shared\ContractTemplatesPublishedonlntranet\FORM — Professional Service Agreement.doc Rev: 03.05.09 14 nm — - ICF Stokes an ICF International Company August 31, 2009 Makana Nova Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach CA 92658 Subject: Proposal for Environmental Consulting Services for General Plan Amendment and Local Costal Program Amendment (Application No. GP2009 -001 and LC2009 -001) Dear Ms. Nova: Thank you for inviting ICF Jones & Stokes to submit a proposal to complete the environmental documentation for the General Plan Amendment and Local Costal Program Amendment for the properties located at 2000 -2012 East Balboa Boulevard. Although we have not yet had the opportunity to work with the City, we appreciate the opportunity to demonstrate the technical capacity and legal knowledge that ICF Jones & Stokes brings to assist the City of Newport Beach with any environmental needs that arise throughout the project. Backed by nearly 40 years as a leading environmental consulting firm, ICF Jones & Stokes provides a full spectrum of environmental consulting services, with specialized expertise in preparing environmental documents on behalf of local government agencies for private development projects. This proposal details our understanding of the project and key issues, preliminary scope of work, estimated timeframe, and cost to prepare the environmental document in accordance with the California Environmental Quality Act (CEQA)- Project Understanding Based on the RFP letter dated July 15, 2009, we understand the proposed project to include a General Plan Amendment and Local Coastal Program Amendment for the properties located at 2000 -2012 East Balboa to allow the conversion of two existing tennis courts to a maximum of five residential dwelling units. The proposed project would change the General Plan land use designation from PR (Parks and Recreation) to RS -D (Single Unit Residential Detached) and the Local Costal Program land use designation from OS (open space) to RM -A (Medium Density Residential A) so that the land use designations are consistent with the current R -1 (Single Family Residential) Zoning district. We understand that no development is currently planned for the site, but rather, the five residential dwelling units represent a conceptual project that could be Ana P,yk,,., , Su:m Inn trdne, (A 91618 — 949 331.6600 — 149 131.6601 lax — icfi mm — ioneaandstokes corn C!ty of Newport Seach August 31. 2009 Page 2 built per the amendment to the land use designation for impact analysis purposes. Based on the information provided by the applicant in the Environmental Information Form, we concur with the City that an Initial Study (IS) leading to the adoption of either a Negative Declaration (ND) or a Mitigated Negative Declaration (MIND) would provide appropriate and adequate environmental documentation under CEQA. As part of the environmental impact analysis, we understand that the City requires a thorough analysis of the project's consistency with the City's General Plan and Local Coastal program goals, objectives, and policies. Our scope of services involves assisting the City of Newport Beach to prepare all required materials, from the project description to the notice of determination, pursuant to CEQA Statutes, Guidelines, and latest case law and legislative updates. Our proposed work plan is detailed in the following tasks. Task 1. Project Initiation /Develop Project Description ICF Jones & Stokes will meet with the City's project team within five days of receiving written authorization to discuss the critical project issues, refine our scope, if necessary, and gather all relevant data and materials to conduct the environmental analyses. ICF Jones & Stokes will conduct a field reconnaissance of the property and surrounding area to identify the baseline conditions. We will coordinate with the City of Newport Beach case planner to ensure we have the most recent understanding of the issues from all interested parties. This task is essential for the development of an accurate baseline setting that will serve as the foundation for the environmental analysis. We will use the land use plan, project application, and other information provided by the City to develop a comprehensive project description. The project description will include a detailed narrative of the proposed project components, including phasing, infrastructure, and discretionary actions. We will also prepare appropriate graphics and maps to accompany the project description. We will submit a draft of the project description to the City for approval early in the process to ensure that we share a common understanding of the project being evaluated. Assumptions ® One meeting (two team members attending). ® One round of review and revision of the project description. f-- 'CFJ & Stokeones s City of Newport Beach August 31, 2009 Page 3 Deliverables Is Memo documenting information needs and understanding of communication protocols. 0 Project description and statement of objectives. Task 2. Prepare Administrative draft iSI[M]ND ICF Jones & Stokes will prepare an administrative draft ISgM]ND, which will include an evaluation of the environmental resources contained in the CEQA Environmental Checklist. The IS /[M]ND will include discussions of the existing conditions to establish the baseline, impacts and magnitude of the impacts as compared to the baseline, and the level of significance for each environmental discipline, as appropriate. ICF Jones & Stokes will identify mitigation measures, if necessary and where appropriate, to incorporate into the project that will minimize impacts to levels below significance thresholds. We will provide substantial evidence to support the findings in the CEQA Environmental Checklist, providing both quantitative and qualitative analysis. Qualitative analyses will be provided for all the environmental resources within the checklist, with the exception of air quality. Based on our understanding of the project it appears that air quality may be the only issue that would require quantification by the South Coast Air Quality Management District (SCAQMD) as a result of new construction Our proposal includes preparation of a detailed air quality analysis to evaluate construction and operational emissions. We do not foresee the need to provide additional detailed quantitative analysis for other environmental resource disciplines (i.e., noise or traffic). Should there be a need to provide additional analysis for other resources, we will discuss these issues with the City of Newport Beach and renegotiate scope and fee at that time. Based on our understanding of the proposed project, we have outlined our assumptions and approach regarding resources that could be of particular concern in the IS analysis below. Approach /Assumptions a Aesthetics —We assume the building height of the conceptual dwelling units will be consistent with the development standards associated with the proposed zoning. Therefore, we assume that visual simulations will not be needed and the aesthetic impacts will be analyzed qualitatively. An assessment of view obstruction will be provided qualitatively, as well as overall consistency with density, mass /scale, and design guidelines. a Air Quality —We will develop assumptions for the number and type of construction equipment required to build homes for the construction impact analysis. We will work with the City to develop reasonable set of assumptions for the beginning, duration, and end of construction. We will use the most current version of URBEMIS to calculate air emissions, and will 'CFJones & Stokes an ICR Intnmtipnal Gvnp„mt City of Newport Beach August 31, 2009 Page 4 compare the impacts to the SCAQMD regional and localized significance thresholds to determine significance. Mitigation measures will be identified as appropriate. We will quantify carbon dioxide emissions and provide a qualitative discussion of Green House Gas (GHGs) emissions, which will incorporate any City policies regarding GHGs. ® Cultural Resources — We assume that the proposed project site is disturbed and will rely on the General Plan to characterize the potential of the proposed project impacting known and unknown cultural resources. Per General Plan Figure HR1, Historic Resources, there are no historical architectural resources or other known cultural resources in the vicinity of the proposed project. Mitigation measures may be incorporated into the IS to prevent the destruction of unknown paleontological or archeological resources during construction activities. Therefore, we assume that cultural resource survey(s) will not be needed. n Geology and SoilS — We will use the General Plan Safety Element to analyze the geologic and soil impacts related to earthquakes, liquefaction, and other geologic concerns. a Hydrology and Water Quality — Per the General Plan Figure S1, Costal Hazards, the proposed project is located in the 100 -year zone of tsunami inundation at extreme high tide and would experience an inundation elevation of 13.64 feet. Therefore, we will use the General Plan Safety Element policies regarding tsunamis and incorporate any necessary mitigation into the IS to reduce the impact of tsunamis to the proposed project. Per the General Plan Figure S3, Flood Hazards, the proposed project is located in an area of a 500 - year flood and is in an area that is protected by levees from the 100 -year flood; therefore, we do not anticipate a 100 -year flood to impact the proposed project. ® Land Use and Planning — We will prepare a land use consistency analysis and compare all the relevant General Plan policies to the proposed project. a Noise— We will conduct one site visit to the proposed project to obtain one to three noise measurements, establishing a baseline for ambient noise. A qualitative analysis will be prepared to analyze the noise impacts of the proposed project, including construction noise. Per the General Plan Figure N1, Existing Noise Contours, the proposed project is located outside the airport noise contours; therefore, we do not anticipate airport noise to impact the proposed project. u TransportatioNTraffic— Per the Institute of Transportation Engineers (ITE) Manual, we estimate the proposed project could result in approximately 10 daily trips per day per unit or a maximum of approximately 50 daily trips per day. We will work with the City Traffic Engineer to confirm this assumption and incorporate this information into the IS traffic analysis. Therefore, we assume a traffic study will not be needed. ICF 'ones City of Newport Beach August 31. 2009 Page 5 Deliverables 0 Provide four (4) Administrative hard copies and one (1) electronic copy of the IS /[MIND for review and comment to the City of Newport Beach. Task 3 Prepare and Circulate the Public Draft IS/jMJND and Notice of Intent to Adopt a [MIND Upon review and approval of the administrative draft IS /[M]ND, we will prepare and produce the public draft IS /[MIND for public review. ICF Jones & Stokes will prepare the Notice of Intent to Adopt a [MIND (NOI) for the proposed project. ICF Jones & Stokes will distribute the document to agencies, and other recipients for public review and comments, as determined by the City of Newport Beach. The IS /[M]ND will be submitted to the State Clearinghouse. ICF Jones & Stokes will also post the document at the County Clerk's office, distribute the NOI and IS /[M]ND to neighboring property owners. At the City's request, we will publish the notice in a newspaper of regional circulation. The public review period for the circulated draft IS /[M]ND will be a minimum of 30 days. Deliverables • Print and mail up to 45 copies of the Public Review IS /(MIND. • Post NOI at the County Clerk and mail the NOI to the State Clearinghouse. • Provide draft newspaper notice. ® Print NOI suitable for distribution and a -copy suitable for posting to City of Newport Beach's website (if appropriate). Task 4. Prepare Response to Comments and Final ISI[MIND While responses to comments are not required for IS /[M]NDs, we find that most lead agencies prefer to handle comments received on IS /[M]NDs similar to an EIR, and provide written responses for the record. ICF Jones & Stokes will work closely with the City of Newport Beach to prepare draft responses to comments for comment letters received during the public review period. These responses to comments, along with any changes to the ISI(M)ND, will be submitted to the City of Newport Beach as an Administrative final IS /[M]ND. The Final IS /[MIND will be prepared in accordance with the requirements of CEQA, the City's practices and procedures, and will satisfy the needs of other agencies with jurisdiction over the project or any portion thereof. The Final IS /[MIND will be a complete bound document that includes all necessary and required sections, references, and figures. Upon adoption of the Final IS/[MIND, ICF Jones & Stokes will file the Notice of Determination (NOD) with the County Clerk. ICF St k & an ICF InIMnd4mdl C.,ny City of Newport Beach August 31, 2009 Page 6 Assumptions to We cannot predict how many comments the City will receive or the magnitude or substance of any individual comments. Therefore, for scoping and costing purposes, we have assumed 14 hours to respond to comments. N One set of comments and revisions to create the Final ISI[M]ND. III Post NOD at the County Clerk and mail the NOD to the State Clearinghouse within five days of adoption of the (MIND. E The California Department of Fish & Game filing fee is incorporated into the proposal and cost estimate. Deliverables 0 ICF Jones & Stokes will provide the City of Newport Beach with five (5) Administrative Final IS /[MIND and one electronic copy of the Final ISI[M]ND. to Twenty (20) hard copies, double sided, of the ISI[M]ND and one electronic copy on CD. Task 5, Prepare Mitigation, Monitoring, and Reporting Program If the proposed project results in significant impacts that can be mitigated to less than significant ICF Jones & Stokes will propose mitigation and will prepare a mitigation, monitoring, and reporting plan (MMRP). The MMRP will identify mitigation measures, timing, responsibility for implementation, and monitoring methods. ICF Jones & Stokes will provide the MMRP in conjunction with the Administrative draft Final IS /MND. We will work with staff to identify appropriate responsible parties, methods, and timing. The plan will include all accepted mitigation measures and an indication of the following: • The project time period to which the measure applies (i.e., construction, operation, pre- /post- occupancy), • Future review or reporting requirements involved in a measure, • Responsible party for cost of mitigation, • Responsible party for implementing and enforcing the mitigation, • Requirements for monitoring by outside agencies, and • Monitoring and reporting frequency. Assumptions E If the IS results in a ND, rather than an MND, the MMRP would not be prepared. ICFJones & Stokes a„ �CF ime„a�b,,.i comes +y City of Newport Beach August 31. 2009 Page 8 California. Chad has managed environmental documents on behalf of other cities throughout Orange County, including the Cities of Brea, Orange, Santa Ana, Westminster, Irvine, and Lake Forest. One of the major benefits Chad brings to the team is an astute ability to integrate environmental laws and regulatory requirements into the CEQA review processes, including the CWA, Clean Air Act, California Fish and Game Code, NHPA, and others. He has demonstrated this skill in the more than 100 projects, where he managed the preparation of environmental documents, including ISIMNDs and EIRs. Chad is a frequent lecturer and instructor for CEQA classes offered through university extension programs, and he recently organized the "Common CEQA Pitfalls" workshop in June 2009 through the Orange County American Planning Association. Cost ICF Jones & Stokes proposes to complete the preparation of the IS /[M]ND for an estimated fee of $22,743.00. A detailed breakdown of the labor and direct expenses are included on the attached spreadsheet. If an NO is prepared, the MMRP would not be required and the costs associated with the MMRP would not be incurred. We anticipate an approximately 3 -month schedule for completion of the CEQA process. We look forward to working with the City of Newport Beach on this project. If you have any questions, please contact Chad Beckstrom at (949) 333 -6625. Sincerely, - Charles Smith, AICP Chad Beckstrom, AICP Vice President Principal, Project Director ICFJones & Stokes an �61ntp,nalaul Cdnpaoy Table 1. Cost Estimate for General Plan Amendment and Local Costal Program Amendment lSt[M]ND Dale printed R/3IP009 200 I'M Approved by Finance I sh ) NR CPAmend C.oEsumare 083109 As Consulting Staff Production Staff 8eckstram sreznock Mustain Employee Name Cho Nic Zielke Kam Ortiz Vic Cooper Kai Hardie Jon Greene Mic Sor Project Project Environmental Air Quality Air Quality Noise Noise CIS and Project Role Director Manager Analyst Analyst Analyst Analyst Analyst Graphics ICF Jones & Stakes Labor Sr Consult Assoc Consult Assoc $r Tech Assoc Assoc Labor Direct Task Classification Proj Dir 1 II Consult It Analyst Consult 111 Mng Consult Consult III Subtotal Editor Subtotal Total Expenses Total Price 1. Protect lnitietian /project Description ........ . ............................... 2.x_...____6_.___ ...........:...........:..........:..........:...........-:....... ............................... $7020 30 $1,020 2. Prepare Admin Drag 18!)M)ND 3: 20 :.......... 42....... _. 24_•_ ._ a :•_.. 78 . 8 $10,485 16 ... .. St 1.fi06 ... ... •.• •••.••_.• .................................. _._.. .8_;.•_••.•.••.12;2_;_ ...._.. 2.. 7 _.._. ...._....... .... ......... $2.275 6 ___$1.120 $420 $2,695 re espo 4. Prepare Response to Comments and Final IS!)MIND ............................. ............................... ....... ........................ 2 4 6 1 : 1 : ..........._._.._._......;................................. $t,390 B _............9.5 $560 -0 51,950 5. Prepare MMRP ............................... a............ t...._..... ..._..._....................... ' 2 : •............ $0 ........... $405 B. Adentl Meetings end Project Coardinalian Aland and Coordination ...1 {...........r.............. {_...._.._._;_.... ...... }.......... ;. } ............. 3 : e ; ...$405....... $1,425 .. $0 $1,425 Total hours 12 48 60 27 4 21 2 9 30 ICF Jones & Stokes billing rates $19S $105 $70 $70 $155 $90 $150 $80 $70 Subtotals $2,340 $5,040 $4,200 $1,890 $620 $1,890 $300 $720 $17,000 $2,100 $2,700 578,100 Direct Expenses 523.02 Reproductions (8.5x71 Color =. 161page) (8.5x11 8& W = .08/page) $1,000 523.04 Postage and Delivery $300 523.05 Travel, Auto, incld. Mileage at current IRS rate (.551mile) $100 523.07 Surveys and Reports Hazardous Materials Records Search and Department of Fish and Game Filing Fee) $2,243 Direct expense subtotal $3,643 Total price $22,743 Dale printed R/3IP009 200 I'M Approved by Finance I sh ) NR CPAmend C.oEsumare 083109 As ICF Jones & Stokes Fee Schedule Labor Classifications Per Hour Senior Project Director $220 Project Director (Chad) $195 Technical Director $170 Managing Consultant/Senior Technical Analyst (Mike and Keith) $150-155 Senior Consultant III $140 Senior Consultant II $120 Senior Consultant I (Nicole) $105 Associate Consultant III (Peter and Soraya) $80-$90 Associate Consultant II (Kamber and Victor and editor) $70 Associate Consultant 1 $65 Assistant Consultant $60 Technician $50 Administrative Technician $50 Intern $45 Other - Expenses Copy Center Services: Color printing (8.5" x 11" - -11 "x 1 T) $0.16 to $0.321page Black & White printing (8.5" x 11" - -11 "x 17') $0.08 to $0.161page Automobile mileage at current IRS rate Laptop computer (field projects only) $0.5851mile A general and administrative charge of 10% will be applied to all other direct costs, inclusive of subcontractor charges. $10.001day Per diem is charged at $175.001day. A lodging surcharge will apply in high rate areas. Prompt Payment Jones & Stokes Associates clients may reduce any current invoice by (1 %) of the billed amount if payment is made within 10 business days of receipt of said invoice. CONFIDENTIAL r_ ICF Jones& Stokes . 10 �"Ww C.Wm