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LSA Associates Inc (EIR) 2007-28 cs C--rcx�-- LSA ASSOCIATES, INC BERKELEY FORT COLLINS POINT RICHMOND S \ I 1500 IOWA AVENUE,SUITE 200 951.781.9310 TEL CARLSBAD IRVINE ROCKLIN RIVERSIDE,CALIFORNIA 92507 951.781,.41277 FAX COLMA PALM SPRINGS SAN LUIS OBISPO I I i August 17,2007 Mr. Gary L. Koontz Community Development Director City of Grand Terrace 22795 Barton Road Grand Terrace, California 92313-5295 Subject: Revised Scope,Cost Estimate and Schedule for the Town Square Shopping Center EIR in the City of Grand Terrace, California(LSA Project No. ZZZ1778D1) Dear Mr. Koontz: LSA Associates, Inc. (LSA) is pleased to provide the following revised scope, cost,', and schedule information as a supplement to our original Proposal for the Preparation of an Environmental Impact Report for the Town Square Shopping Center Project in the City of Grand Terrace.Our original scope and cost estimate (dated September 28, 2006) anticipated preparation of an Environmental--Impact Report (EIR)for a proposed development plan consisting of a 43,000 square foot grocery store plus additional building space for retail, service commercial, and restaurants uses. The current request is to expand the project area to include the entire block located south of Barton Road, north of La Paix Street, east of Michigan Street and west of the Gage Canal.Detailed site plans and other related plans will be available for the proposed development plan included in our original proposal.There are no proposed development plans for the balance of the project area,so detailed site plans will not be available during preparation of the EIR.Consequently,the EIR will address the detailed development proposal provided to the City by the applicant and a range of conceptual uses on the remainder of the project area. Assessment of the conceptual uses will be provided at a programmatic level,consistent with the level of detail afforded by the project description. The proposed project will also include realignment of Commerce Way so that it intersects with Barton Road approximately 300 feet east of Michigan Street. Compared to our original proposal,LSA will need to increasel the amount of staff time in order to address the expanded project boundary.However,the traffic study will be eliminated from our scope of work,as we understand that the applicant has commissioned a traffic consulting firm for its preparation.The LSA- prepared air quality and noise studies will incorporate traffic volume information and data from the applicant-prepared traffic study. Other than removal of the traffic study preparation tasks,the basic tasks from our original proposal remain the same.Therefore,our proposed cost estimate has been revised to include assessment o, the expanded project limits,the desired project schedule,new analysis requirements(e.g.,greenhouse gases emissions and global warming), and coordination necessary to successfully complete the project as detailed in the following table. 8/17/2007(KAPROPOSADENVIRON\Grand Terrace\Town SquareVevised scope budget—schedule--Town Square.doc) i PLANNING I ENVIRONMENTAL I iDESIGN LSA ASSOCIATES, INC. Revised Cost Estimate CostsTask Labor Reimbursable Totals Task 1.0:Project Initiation Task 1.1:Kick-off Meeting $780 $25 $805 Task 1.2:Project Description $700 $50 $750 SUBTOTAL TASK 1.0 $1,280 $75 $1,555 Task 2.0:Technical Studies Initial Task 2.1:Air Quality Impact Analysis $7,850 $150 $8,000 Task 2.2:Biological Resources Report $6,700 $500 $7,200 Task 2.3:Cultural and Paleontological Resources Report $5,000 800 $5,800 Task 2.4:Noise Impact Analysis $8,350 $150 $8,500 SUBTOTAL TASK 2.0 $27,900 $1,600 $29,500 Task 3.0:Initial Study/Notice of Preparation Task 3.1:Initial Study $13,500 $250 $13,750 Task 3.2:Notice of Preparation $650 $450 $1,100 SUBTOTAL TASK 3.0 $14,150 $700 $14,850 Task 4.0:Public Scoping Meeting $1,500 $25 $1,525 Task 5.0:Screencheck Draft EIR $28,500 $750 $29,250 Task 6.0:Draft EIR $10,250 $3,500 $13,750 Task 7.0:Final EIR Task 7.1:Responses to Comments $7,750 $25 $7,775 Task 7.2:Mitigation Monitoring and Reporting Program $1,300 $25 1 $1,325 Task 7.3:Findings of Fact and Statement of Overriding $4,450 $25 $4,475 Considerations Task 7.4:Administrative Final EIR $5,250 150 $5,400 Task 7.5:Final EIR $3,250 $1,000 $4,250 TOTAL TASK 7.0 $22,000 $1,225 $23,225 Task 8.0:Public Hearings $2,525 $250 $2,775 Task 9.0:Certification $850 $50 $900 Task 10.0:Project Administration 1$12,000 $150 $12,150 As specified in the revised cost estimate table, we have removed the cost associated with preparing the project traffic study and increased several of the line item costs to address the expanded project limits.The revised total cost for preparing the EIR program is$129,480;as compared to our original cost estimate from September 2006 of$116,930. We propose to accomplish this scope of work on an hourly basis consistent with the attached billing rates and contract provisions.Our budget estimate will not be exceeded without your prior authorization. We have revised the project schedule(attached)with an assumed start date of September 10,2007.The schedule includes the same turn around times as included in our original proposal. Key schedule dates include submittal of the draft Initial Study on September 26, 2007, close of the 30 day NOP period on October 30, 2007, submittal of the Screencheck Draft EIR on November 13, 2007, close of the 45 day 8/17/2007(KAPROPOSAUENVIRWGrand Terrace\Town Squarekevised scope_budget_schedule_Town Square.doc) 2 i I l LSA ASSOCIATFS, INC Draft EIR review period on January 29, 2008, completion of the Final EIR on February26, 2008, and public hearings during the month of March 2008. If you are in agreement with the terms and conditions of this contract, please sign and return a copy to LSA.Upon receipt of authorization to proceed,LSA will commence the EIR work program,specifically preparation of the draft Initial Study and technical Biological, Cultural, and Paleontological Resources Studies. Should you have any questions,please give me a call at(951)781-9310 or by e-mail to Ray.Hussey@lsa- assoc.com. Sincerely, LSA ASSOCIATES,INC. ��/. Ray Hussey,AICP Associate Attachment: Revised Schedule Standard Contract Provisions and Billing Rates THE ABOVE-STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED CONSULTANT: CLIENT: LSA Associates,Inc. *Auorized ignature Authorized Signature Lynn Calvert-Hayes,AICP Thomas Schwab Print Name Print Name Principal City Manager Title Title August 17,2007 9-30 —0 7 Date Date 8/17/2007(KAPROPOSADENVIRON\Grand Terrace\Town SquareVevised scope budget_schedule_Town Squaze.doc) 3 I ' Town Square Shopping Center EIR Task Name Duration Start Finish Se tember October November December Janua Februa March E B M E B M E B M E B M E B M E B I M I E I B I M I E B Task 1 Project Initiation 0 days Mon 9/3/07 Mon 9/3/07 ♦ 9/3 Task 2 Initial Study/NOP 41.5 days Mon 913107 Tue 10130/07 Prepare Cultural Resources Study 4 wks Mon 9/3/07, Fri 9/28/07 Prepare Biological Resources Study 4 wks Mon 9/3/07 Fri 9/28/07 — Prepare IS/NOP 3.5 wks Mon 9/3/07 Wed 9/26/07 — City Review of IS/NOP 2 days Wed 9/26/07 Fri 9/28/07 Revise IS/NOP 1 day Fri 9/28/07 Mon 10/1/07 City Sign IS/NOP 0 days Mon 10/1/07' Mon 10/1/07 10/1 Print IS/NOP for Public Review 0 days Mon 10/1/07 Mon 10/1/07 10/1 Public Review of IS/NOP(30 days) 21 days Mon 10/1/07 Tue 10/30/W Task 3 Public Scoping Meeting 1 day Tue 10/16/07 Wed 10/17/07 w Prepare for Scoping Meeting 1 day Tue 10/16/07 Wed 10/17/07 I Conduct Scoping Meeting(tentative) 0 days Wed 10/17/07 Wed 10/17/07 ♦ 10117 Task 4 Admin Draft EIR 40 days Tue 1012/07 Tue 11/27/07 Prepare Noise Study 3 wks Tue 10/9/07 Tue 10/30/07 — Prepare Air Quality Study 3 wks Tue 10/9107' Tue 10/30/07 — Prepare Admin DEIR 6 wks Tue 10/2/07 Tue 11/13/07 Admin DEIR Submitted to City 0 days Tue 11/13/07 Tue 11/13/07 ♦ 11/13 City Review of Admin DEIR 2 wks; Tue 11/13/07 Tue 11/27/07 Task 5 Draft EIR 45 days: Tue 11/27/07{ Tue 1129108 i Finalize DEIR&Notice of Completion 2 wks Tue 11/27/07 Tue 12/111 7 DEIR Printing and Distribution 3 days Tue 12/11/07, Fri 12/14/07 , Public Review of DEIR(45-days) 6.4 wks Fri 12/14/07 Tue 1/29108 Task 6 Final EIR 30 days Tue 1/15/08 Tue 2126108 Prepare Mitigation Monitoring Plan(MMP) 1 wk: Tue 1/15/08 Tue 1/22/08 - Prepare Response to Comments 3 wks Tue 1/15/08: Tue 2/5/08 Prepare Findings and Statem of Overides 1 wk' Tue 2/5/08 Tue 2/12/08 . Submit Final EIR/MMP/Responses/Findings 0 days' Tue 2/12/08 Tue 2/1W8 ♦ 2/12 City Review of Final EIR 1 wk, Tue 2/12/08' Tue 2/19/08 Prepare FEIR for Public Hearings 1 wk Tue 2/19/08 Tue 2/26/08 . Task 7 Public Hearings 7 days Thu 3/6108, Fri 3/14/08 wow Planning Commission 0 days Thu 3/6/08- Thu 316/08 . 316 City Council 0 days Thu 3/13/08 Thu 3/13/08 ♦ 3/13 File Notice of Determination 0 days Fri 3/14/08' Fri 3114/08 ♦ 3114 Date:August 16,2007 LSA City ® Public Review Milestone . Summary Town Square SCHED 8-16-07.mpp LSA Associates,Inc. i LSA ASSOCIATES, INC SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES FEES FOR PROFESSIONAL SERVICES Fixed-Fee Contracts If a fixed-fee proposal, the professional services described in the Scope of Services Section of the attached proposal shall be provided for the fixed fee noted in the proposal.All other professional services are considered extra services.Extra services shall be provided on a time and expenses basis at the same rates specified for hourly contracts,unless other arrangements are made in advance. Hourly Contracts If an hourly plus expenses proposal,the professional services described in the Scope of Services Section of the attached proposal shall be provided on a time and materials basis at current hourly rates. These rates are as shown on a Rate Schedule that is attached,or can be made available.Hourly rates are subject to review at least annually on or about August 1 of each year,and may be adjusted to reflect changing labor costs,at our discretion,at that time. (A schedule can be made available upon request.) Direct costs(including cost of subconsultants)shall be reimbursed at cost plus ten percent,unless other arrangements are made in advance, and are not included in the hourly fee for professional services. The total estimated amount of time and expenses noted in the proposal will serve as a control on the services to be provided.The specified amount will not be exceeded without prior approval of the client. INVOICING Monthly invoices shall be submitted for progress payment based on work completed to date. Clients requesting changes to LSA's standard invoice may be billed for the time to develop the invoice and monthly administration of the billing. PAYMENT OF ACCOUNTS Terms are net 30 days.LSA offers a one percent discount on invoices paid within 30 days of the invoice date.A service charge of 1.5 percent of the invoice amount(18 percent annual rate)may be applied to all accounts not paid within 30 days of invoice date.Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the client. STANDARD OF CARE Services provided by LSA under this Agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. LAADMIN\MASTDOC\Contract.doc(08/08/07) 1 LSA ASSOCIATES, INC. INDEMNIFICATION Client and consultant each agree to indemnify and hold the other harmless and their respective officers, employees, agents, and representatives from and against liability for all claims, losses, damages, and expenses,including reasonable attorneys'fees,to the extent such claims,losses,damages,and expenses are caused by the indemnifying party's negligent acts, errors,or omissions. ELECTRONIC FILE DATA CHANGES Copies of documents that may be relied upon by client are limited to the printed copies(also known as hard copies)that are signed or sealed by LSA.Files in electronic media format or text,data,graphic,or other types that are furnished by LSA to client are only for convenience of client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, LSA makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those of LSA at the beginning of the assignment. FORCE MAJEURE Neither party shall be deemed in default of this Agreement to the extent that any delay in performance of its obligation results from any cause beyond its reasonable control and without its negligence. LITIGATION In the event that either party brings action under the proposal for the breach or enforcement thereof,the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not such action is prosecuted to judgment. NOTICES Any notice or demand desired or required to be given hereunder shall be in writing,and shall be deemed given when personally delivered or deposited in the mail,postage prepaid,sent certified or registered,and addressed to the parties as set forth in the proposal or to such other address as either party shall have previously designated by such notice.Any notice so delivered personally shall be deemed to be received on the date of delivery,and any notice mailed shall be deemed to be received five(5)days after the date on which it was mailed. TERMINATION OF CONTRACT Client may terminate this agreement with seven days prior notice to LSA for convenience or cause. Consultant may terminate this Agreement for convenience or cause with seven days prior written notice LAADMIN\MASTDOC\Contract.doc(08/08/07) 2 LSA ASSOCIATES, INC to client. Failure of client to make payments when due shall be cause for suspension of services, or ultimately termination of the contract, unless and until LSA has been paid in full all amounts due for services,expenses,and other related charges. REVOCATION If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise specified in the proposal. LAADMIN\MASTDOC\Contract.doc(08/08/07) 3 LSA ASSOCIATES, INC. HOURLY BILLING RATES EFFECTIVE AUGUST 2007 Job Classification Hourly Rate Planning Environmental Transportation Air/Noise Cultural Resources Biology GIS Range* Principal Principal Principal Principal Principal Principal Principal $125-250 Associate Associate Associate Associate Associate Associate Associate $75-200 Senior Planner Senior Environmental Senior Transportation Senior Air Senior Cultural Senior Biologist/Botanist/ Senior GIS $65-175 Planner Planner/Engineer Quality/Noise Resources Manager Wildlife Biologist/ Specialist Specialist Ecologist/Soil Scientist/ He etolo ist/Arborist Planner Environmental Planner Transportation Air Quality/Noise Cultural Resources Biologist/Botanist/Wildlife GIS Specialist $50-125 Planner/Engineer Specialist Manager Biologist/Ecologist/Soil Scientist/Herpetologist/ Arborist Assistant Planner Assistant Assistant Transportation Air Quality/Noise Cultural Resources Assistant Biologist/ Assistant GIS $50-100 Environmental Planner Planner/Engineer Analyst Analyst Botanist/Wildlife Biologist/ Specialist Ecologist/Soil Scientist/ He etolo ist/Arborist Field Services Field Director $50-100 Senior Field Crew/Field Crew $35-80 Office Services Research Assistant/Technician $25-50 Graphics $70-100 Office Assistant $40-75 Word Processing/Technical Editing $60-90 The hourly rate for work involving actual expenses in court,giving depositions or similar expert testimony,will be billed at$250 per hour regardless of job classifications. L:\ADMIMMASTDOC\Contract.doc(08/08/07) 4 LSA ASSOCIATES, INC. LSA IN-HOUSE DIRECT EXPENSES Unit Cost Reproduction $0.10 per page Color Reproduction(8.5 x 11) $1.00 per page Color Reproduction(11 x 17) $3.00 per page Mileage Road $0.485 per mile Off-road $0.635 per mile Facsimile $1.00 per page CD Production $5.00 per CD Plotting $5.00 per linear ft. Diazo Printing $0.20 per sq. ft. Film(developing billed separately as a direct cost) $5.00 per roll Disposable camera and film(developing billed separately as a direct cost) $10.00 per camera Search of Specialized Data Bases $100.00 per inquiry GPS Unit $100.00 per day Aerial Photos $200.00 per photo LAADMIN\MASTDOC\Contract.doc(08/08/07) 5