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HomeMy WebLinkAboutCC AG PKT 2002-06-24 #VAGENDA REPORT DATE: June 24, 2002 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Mac Cummins, Assistant Planner SUBJECT: SELECTION OF ENVIRONMENTAL IMPACT ANALYSIS CONSULTANT FOR GENERAL PLAN REVISION, LOCAL COASTAL PLAN PREPARATION, AND CEQA DOCUMENT PREPARATION SUMMARY OF REQUEST: Concur with Staff recommendation to use Culbertson Adams & Associates to provide the general plan revision, local coastal plan preparation & environmental services related thereto. Instruct City Manager to enter into contracts with Culbertson Adams & Associates to provide these services. ht August, 2001, the City Council authorized the City Manager to enter into agreements with three professional consultants to provide necessary technical assistance to the City in assessing the potential environmental impacts of development applications upon the City. Those three firms were: 1) Culbertson Adams & Associates; 2) RBF Consulting; and 3) PCR Consulting. In considering the proposed project, staff prepared, and the City Council authorized, the circulation of a "Request for proposals" (RFP) for the update and revision of the City's General Plan and the creation of a Local Coastal Plan; along with the corresponding CEQA documentation. Staff received one response to this RFP, submitted by Culbertson Adams & Associates. The proposal is within the requested budget allowance, $180,000. This figure is a small amount compared to what is typically spent in the marketplace on this type of project. Staff is confident that the scope of work proposed by Culbertson Adams will accomplish the goal of the revision and update of the general plan & the creation of a new local coastal plan, but would like to note for the council that additional work will cost additional money and will most likely result in a large burden upon staff time and resources. Agenda Item Selection of General PlanILCP Consultant Services City Council StaffRepon June 24, 2002 Upon City Council approval of Culbertson Adams & Associates, the appropriate contracts will be entered into by the City Manager with the farm. Staff has attached the proposal and the draft agreement with this staff report for Council review. Staff would like to highlight some of the key aspects of the process which are included in the scope of work which has been submitted as part of the proposal. First, the consultant proposes to handle the drafting of the documents and be present at all public hearings. Secondly, the consultant proposes to be present at 4 advisory meetings with the City Council selected advisory committee to help aid in the discussion and public outreach process. This committee can look at the issues surrounding both the General Plan Revision & the Local Coastal Plan, so as to be more efficient in the analysis and synthesis of the two documents. Staff envisions this committee being comprised of 13 members, and including a minimum of one member of the Planning Commission, one member of the EQCB, and one member of the City Council. The remaining committee members will be selected by Council District. As mentioned, the consultant proposes to include 4 such meetings. Additional meetings, or meetings with multiple committees, would be outside the scope of work, and will therefore cost additional monies and will place a large burden upon staff time & resources. Culbertson Adams proposes the following: "CAA proposes to conduct four GPAC workshops as follows: Workshopl Introduction Land Use Element Workshop 2 Circulation Element Growth Management Element Workshop 3 Noise Element Safety Element Conservation/Recreation/Open Space Element Workshop 4 Coastal Land Use Plan Wrap Up For each workshop, CAA will provide copies of the existing element and preliminary draft element with any applicable supporting documentation in advance of each meeting. CAA will facilitate a discussion of each element and help identify issue areas and any proposed changes. Representatives from Mestre Greve Associates will participate in the Noise Element workshop, and a representative from Kunzman Associates will participate in the Circulation Element workshop. Of course, applicable City staff will participate in each workshop as well. Each workshop is assumed to be approximately three hours long. Requested changes and issues identified through the workshop process will be incorporated into the preliminary draft General Plan and the Coastal Land Use Plan. One reproducible copy will be provided to staff for their review. Based on staff review and Selection of General Plan/LCP Consultant Services City Council Staff Report June 24, 2002 comment, a proposed draft document (one reproducible copy) will be provided for Planning Commission and City Council review, as well as for copies requested by the public and copies needed for internal City use. In addition, CAA will document all comments and recommendations presented at the workshops for City Council and Planning Commission information." If the Council approves the contract and agreement with Culbertson Adams & Associates, the Council would need to begin to consider who they would like to appoint to the advisory committee. Those appointments would be made at the next meeting, July 8, 2002. In addition to the public outreach meetings, Culbertson Adams would put relevant information and updates on the City's Website and media releases, proposing: "City Website & Media Releases CAA will provide information about the General Plan program on an ongoing basis for inclusion on the City's Website and release to the media. CAA will work in conjunction with City staff to development articles which address: Status of the General Plan update program Upcoming workshop schedule Methods for public comment Summary of the proposed General Plan Any other relevant topic If available, such articles may also be included in City or community newsletters (such as a chamber of commerce newsletter)." As part of this process, staff is now recommending that additional monies be authorized to allow for the updating and creation of a GIS database for the maps and graphics to be contained within the General Plan. This database will be the backbone of any future GIS efforts, which have unlimited beneficial effects. There are counter applications which can help the public more easily ascertain information regarding their properties, as well as internal applications which may arise out of this process. The City currently has a skelaton database which allows for some elementary uses. Now would be the appropriate time to get all of the General Plan maps and zoning maps updated and put into the GIS database. Staff has asked Culbertson Adams to prepare a preliminary cost estimate. That estimate is anywhere between $6000 and $15,000, depending on the nature of work to be performed. Staff is asking the Council to authorize $15,000 of additional funds at this time. This option will allow for the most efficient use of the funds expended and will create the necessary database and mapping to allow the City to proceed with it's overall goal with the GIS program, to allow for better customer service in the Planning, Building, and Engineering departments. Selection of General Plan/LCP Consultant Services City Council Staff Report June 24, 2002 After this process (Which is anticipated to take approximately I year), the Local Coastal Plan would require Coastal Commission approval. Once the General Plan and CEQA documents are approved by the City and the LCP is approved by the Coastal Commission, staff will begin the update to the Zoning sections of the Code. Under state law, Cities must have consistency between their General Plans & Zoning Codes. FISCAL IMPACT: $180,000, plus $15,000 for GIS preparation, should the Council wish to authorize those funds. The $180,000 has already been budgeted for and the City currently has [his money set aside in a separate account, earmarked for this project. The additional monies to be spent on GIS would come from reserves, though additional monies accumulated into the GIS account through the normal building permit process would be utilized for this as well, reducing the impact to reserves. Concur with Staff recommendation to use Culbertson Adams & Associates to provide the general plan revision, local coastal plan preparation & environmental services related thereto. Instruct City Manager to enter into contracts with said firm to provide these services. a--- Mac Cummins Assistant Planner Attachments (3): 1. Proposal & Scope of Work submitted by Culbertson Adams & Associates 2. Draft agreement between City & Culbertson Adams & Associates 3. Preliminary scope of work for GIS services (NOT FINAL) Selection of General PWLCP Consultant Services City Council Staff Report June 14, 1002 Attachment 1 Proposal & Scope of Work submitted by Culbertson Adams & Associates CULBERTSON, ADAMS & ASSOCIATES PLANNING CONSULTANTS GRY OF S @AL G @AGH I juN 1 9. 211P ! I! HAND DELIVERY June 12, 2002 DEPAaTMENT OF rGc Mr. Mac Cummins, Assistant Planner Department of Development Services City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 SUBJECT: Proposal for Consultant Services - General Plan Review/Update & Local Coastal Plan Preparation Dear Mr. Cummins Culbertson, Adams & Associates, Inc. (CAA) appreciates the opportunity to submit this proposal to review and update the City's General Plan, prepare a Local Coastal Plan, andprovide the accompanying CalifomiaEnvironmental Quality Act compliance documentation. Please find enclosed fivebound copies and one unbound copy of our response to the Request for Proposals issued by the City on May 29, 2002. As requested, the associated proposal fee is provided separately in a sealed envelope. CAA will serve as the primary consultant for preparation of the project EIR with the use of technical subconsultants in the areas of traffic /circulation and noise. Over the years, CAA has established close working relationships with both of the subconsultants proposed for the project. CAA has carefully reviewed the RFP, the allocated budget, and program requirements to determine a cost effective approach that will result in concise, easy -to -use documents. The proposed work effort will rely heavily on existing data, information and graphics. Some recommended modifications to the project scope are identified to help contain costs, as well as optional items for areas where the City may wish to expand work efforts. Given the short period of time to respond to the RFP, we expect to be asked to elaborate on specifics of the proposal and look forward to that dialogue. If you have any questions regarding this proposal, please feel free to call me or Elizabeth Mahoney, Director of Environmental Planning, at (949) 581 -2888. We look forward to working together on this project. Sincerely, C�� ERTSONASSOCIATES, INC. M. Andrie tte Culbertson President Enclosures 85 Argonaut, Suite 220, Aliso Viejo, California 92656 -4105 • (949) 581 -2888 • Fax (949) 581 -3599 General Plan Review/Update and Local Coastal Plan Preparation Prepared for: Development Services Department City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Submitted by: Culbertson, Adams & Associates, Inc. 85 Argonaut, Suite 220 Aliso Viejo, CA 92656 (949) 581 -2888 June 12, 2002 CULBERTSON, ADAMS &ASSOCIATES PLANNING CONSULTANTS HAND DELIVERY June 12, 2002 Mr. Mac Cummins, Assistant Planner Department of Development Services City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 SUBJECT: Proposal for Consultant Services - General Plan Review/Update & Local Coastal Plan Preparation Dear Mr. Cummins Culbertson, Adams & Associates, Inc. (CAA) appreciates the opportunity to submit this proposal to review and update the City's General Plan, prepare a Local Coastal Plan, and provide the accompanying California Environmental Quality Act compliance documentation. Please find enclosed five bound copies and one unbound copy of our response to the Request for Proposals issued by the City on May 29, 2002. As requested, the associated proposal fee is provided separately in a sealed envelope. CAA will serve as the primary consultant for preparation of the project EIR with the use of technical subconsultants in the areas of traffic/circulation and noise. Over the years, CAA bas established close working relationships with both of the subconsultants proposed for the project. CAA has carefully reviewed the RFP, the allocated budget, and program requirements to determine a cost effective approach that will result in concise, easy -to-use documents. The proposed work effort will rely heavily on existing data, information and graphics. Some recommended modifications to the project scope are identified to help contain costs, as well as optional items for areas where the City may wish to expand work efforts. Given the short period of time to respond to the RFP, we expect to be asked to elaborate on specifics of the proposal and look forward to that dialogue. If you have any questions regarding this proposal, please feel free to call me or Elizabeth Mahoney, Director of Environmental Planning, at (949) 581 -2888. We look forward to working together on this project. Sincerely, CULBERTSON, ADAW & ASSOCIATES, INC. M. Andriette Culbertson President Enclosures 85 Argonaut, Suite 220, Aliso Viejo, California 92656 -4105 • (949) 581 -2888 • Fax (949) 581 -3599 Table of Contents Introduction/Understanding of Project .......... ..............................1 Understanding of Project ................... ............................... 1 ProjectApproach .......................... ..............................2 II. Scope of Work ............................ ..............................4 Overview of General Plan Elements .......... ............................... 4 Public Participation Program ................ ............................... 9 General Plan Advisory Committee and Workshops ............................ 10 CEQA Compliance Documentation .......... ............................... 11 Public Review and Plan Adoption ............. .............................12 III. Consultant Team Qualifications ............ ............................... 13 Business Organization ...................... .............................13 Company History .......................... .............................13 Related Experience ........................ .............................14 Key Staff Qualifications ..................... .............................17 IV. Project Schedule ........................... .............................20 V. Compensation ............................ .............................21 VI. Disclosures and Limitations .................. .............................22 Appendices A Selected CAA Resumes B Kunzman Associates Proposal (Circulation) C Mestre Greve Associates Proposal (Noise) Seal. Beach- GP- Propwal wpd Seal Beach Culbertson, Adams & Asaaciates, Inc. General Plan Update Program i June 12, 2002 I. Introduction/Understanding of Project Culbertson, Adams & Associates, Inc. (CAA) appreciates the opportunity to submit this proposal to prepare a comprehensive review and update to the City's General Plan and to create a Local Coastal Plan. The scope of work also includes preparation of associated California Environmental Quality Act (CEQA) compliance documentation. This proposal responds to the Request for Proposals dated May 29, 2002 issued by the City of Seal Beach. The organization of this proposal generally follows the outline provided in the RFP. Understanding of Project In preparing this proposal, CAA has reviewed the issued Request for Proposals, visited the City of Seal Beach, reviewed the existing General Plan, reviewed current State General Plan Guidelines, California Coastal Act, and California Coastal Commission Regulations, and discussed the proposed project with Development Services staff. CAA understands that the City of Seal Beach is interested in comprehensively updating the City's General Plan and creating a Coastal Land Use Plan. The City of Seal Beach has never adopted a comprehensive General Plan document. Individual elements have been adopted overtime, beginning with the Land Use Element in 1973. Elements range greatly in time from the date of last adoption. Additionally, many elements are comprised of multiple amendments that have not been integrated into the same topical element. The City has indicated that no land use designations are proposed to change and that existing documentation should be relied upon to the extent possible. Although a Coastal Land Use Plan was adopted by the City of Seal Beach City Council in 1983, the City currently does not have any elements of a Local Coastal Program (LCP) certified by the California Coastal Commission. The City has indicated its preference to create a Coastal Land Use Plan as an element of the General Plan. At this time, the City wishes to update all of the elements of the existing General Plan, except for the Housing Element which has been updated and is now pending state approval. The City's objectives for the comprehensive review and update include: 1. Determine whether any changes to the General Plan should be initiated to respond to changes in state planning law and court cases. 2. Determine whether any changes in the General Plan should be initiated to address changes that have occurred in the community. 3. Determine whether any changes to the General Plan should be initiated in response to input from the Planning Commission, residents, property owners, and the business community. 4. Reflect changes in water quality laws and set policies within the General Plan to adequately address any new requirements under the NPDES permitting process. Seal Beach Culbertson. Adams & Associates, Inc. General Plan Update Program I June 12, 2002 5. Reflect changes in laws, regulations, and policies set forth by the California Coastal Commission. The focus of the review and update will be to evaluate existing policies and programs, and determine if they should be rewritten, left as adopted, or eliminated. A series of workshops will be held to review proposed elements. Project public hearings will be held by the Planning Commission and the City Council for final adoption, including review and adoption ofCEQA compliance documentation. The City has estimated a budget of $180,000 for the total project, inclusive of a $30,000 California Coastal Commission grant to assist with the preparation of a Local Coastal Program (LCP). Project Approach CAA proposes to serve as the primary consultant for the project. Technical subconsultants will be used in the areas of traffic/circulation and noise. Due to budget constraints, information for the comprehensive update will primarily rely on existing available data, such as from recent project environmental impact reports and updated City infrastructure plans (sewer and stormwater). We often find that the most experienced individuals create their own funs. We believe the expertise and credentials of the following firms will benefit the project. CAA has established close working relationships with both of the subconsultants proposed for the project. Traffic /Circulation Kunzman Associates Noise Mestre Greve Associates CAA is widely recognized as an environmental planning and project management firm offering the highest level of technical expertise and professional capability. CAA excels in advising public agencies on matters pertaining to planning and associated CEQA services. CAA has prepared hundreds of planning and environmental documents, with none ever overturned in a court of law. The breadth of expertise of key staff proposed for the project includes 29 years of planning, California Coastal Act, and CEQA experience by the firm's co- founder and President, M. Andriette Culbertson, Esq., and extensive experience in public policy and planning document preparation by the Senior Planner, Diane L. Bathgate, AICP. The CEQA compliance effort for the project will be led by Elizabeth C. Mahoney, Director of Environmental Planning, who possesses a depth of experience managing and implementing large- scale, complex projects. Ms. Culbertson will be the designated project manager for this project. Assisting her in project management and research/document preparation will be Diane Bathgate, AICP, Senior Planner, and Assistant Planners Kent Lin and Shawna Draper. Throughout the process, CAA staff will be in weekly contact with City staff by telephone or email or in person. As former public agency staff, CAA excels at, and enjoys, serving as an extension of City staff. The proposed team will provide experienced project management and ample research/analysis and document preparation resources. Resumes for all individuals proposed to support this project are attached. Seal Beach Culbertson Adams & Associates, b¢. General Plan Update Program 2 June 12, 2001 The proposed scope of work is generally divided into the following main tasks: data review, preliminary document preparation, public participation program, General Plan Advisory Committee workshops, draft document preparation, preparation of an Initial Study/Mitigated Negative Declaration, and public hearings. The proposed scope of work heavily relies on existing data and information due to budget limitations. The project will focus on reformatting, rewriting, and organizing existing policies with updates and revisions as necessary to meet state law and California Coastal Act requirements. The resulting reformatted and streamlined document will be more concise and easier to use. To work within the proposed budget, the proposed scope deviates from the RFP. In the RFP, the City envisions conducting a series of public and Planning Commission workshops prior to the City Council initiating the General Plan Amendment. The proposed scope of work provides for City Council initiating the General Plan process and CAA preparing a preliminary draft General Plan and Coastal Land Use plan prior to public workshops to make the public review process more efficient. In this case, we believe such an approach is appropriate because no land use designations are being changed and only minor updates /revisions are envisioned by the City. CAA is able to start work immediately upon approval of this work proposal and an executed contract, and is committed to accomplishing the proposed work in a timely manner consistent with the project schedule discussed later in this proposal. Seal Beach Culbertson, Adams & &s . ates, Inc. General Plan Update Program 3 June 12, 2002 II. Scope of Work The approach and methodology recommended for the City of Seal Beach General Plan update program involves the community, City officials, and City staff. The scope of work for this effort is divided into the following sections: • Overview of General Plan Elements • Public Participation Program • General Plan Advisory Committee and Workshops • Public Review and Plan Adoption • Final Documents Overview of General Plan Elements The City of Seal Beach General Plan is currently comprised of the following elements: • Land Use Element • Open Space/Recreation/Conservation Element • Bicycle Route Element • Housing Element • Circulation Element • Seismic Safety - Safety Element • Noise Element • Scenic Highways Element • Growth Management Element To conform with current state law and to provide a more streamlined format for the Plan that combines some existing elements to create seven Plan elements. We recommend that the Coastal Land Use Plan be prepared as a separate, but coordinated, document from the General Plan. Individual Specific Plans should be provided in separately bound documents and ultimately incorporated into the City's zoning ordinance. This approach would result in the following General Plan organization: Land Use Element Open Space/Recreation/Conservation Element (includes Archaeological and Historical Element) Housing Element Circulation Element (includes Bicycle Route and Scenic Highways Element) Safety Element Noise Element Growth Management Element Mandatory General Plan elements under California law include: Land Use, Housing, Circulation, Safety, Conservation, Open Space, and Noise. The proposed approach addresses these required Seal Beach Culbertson, Adams & Associates, Inc. General Plan Update Program 4 June 11, 2002 elements (it will combine the Conservation and Open Space elements) and will also include an optional General Plan element for Growth Management. The Coastal Land Use Plan will be prepared as a separate but related document as further discussed below. Based on consultation with City staff, the proposed General Plan organization and approach may be adjusted. Since the Housing Element is currently being updated, this element is outside the proposed scope of work. CAA's first efforts will be to provide a detailed review of the existing General Plan and other available City documentation. Interviews will be conducted with staff from different departments relevant to the project effort. From this review, CAA will prepare a Preliminary Draft General Plan. A consistent format will be followed in preparing each element or chapter so that the document is easy to read and internally consistent. Any associated technical reports will be available in separately bound documents so that the Plan becomes a concise, user - friendly guide to fundamental long -term City policy and a guide to development. To contain costs, CAA proposes to prepare a land use plan map, as discussed below, and a base map for use with all other elements where information may be overlain. All other graphics will be assumed to be provided by the City. Provided below is the approach planned for each proposed element Land Use Element The City's existing Land Use Element was last amended in 1996, but appears not to have been comprehensively updated since its adoption in 1973. CAA will review the existing Land Use Element and provide consolidation of several individual amendments with the 1974 text. Based upon existing documentation, the Land Use Element will provide definitions of appropriate land use categories and establish land use intensity standards. Pursuant to staff direction, no changes in land use designations we proposed. Due to cost constraints, the provided scope of work will rely on existing land use inventories in the General Plan. This element will provide discussion of land ownership pattems/parcelization, access/parking limitations, existing and approved development/public improvements. The work effort for this element will focus on integration of existing information into a concise, usable format. All element amendments and individual specific plan data, where appropriate, will be consolidated in the element. A land use designation exhibit will be prepared which will rely on existing City exhibits. CAA will explore the use of the City's GIS capabilities currently used by engineering staff. As a recommended optional element, CAA can provide cost estimates for preparing all of the General Plan exhibits using a GIS format. In this manner, an accurate parcel base map can be provided with precise layers of information regarding land use, hazards, special districts, specific plans, flood zones, etc. Seal Beach Culbertson, Adams & Associates. Inc. General Plan Update Program 5 June I2. 2002 Open Space/Recreation /Conservation Element The Open Space/Recreation/Conservation Element was first adopted in 1973 and amended several times — most recently in 1990. This element addresses open space, parkland, natural resources, greenbelts and beach erosion. CAA proposes to combine the Archaeological and Historical Element into this element due to its relation to conservation of resources and opportunity to reduce the number of needed elements. The primary work effort for this element will focus on consolidation of amendments and elements and format consistency. Where available information exists, this element will also include discussion of groundwater, air quality, and major drainage channels. Information on new NPDES (National Pollutant Discharge Elimination System) water quality permit requirements will be provided, and relevant policies will be proposed. Housing Element We recognize that Seal Beach has recently updated its Housing Element, which is now pending a finding of substantial compliance from the state Department of Housing and Community Development (HCD). CAA will review the adopted Housing Element for consistency with other General Plan elements that are being updated to ensure consistency of information, policies, andprograms. As mentioned previously, preparation ofthe Housing Element is outside the scope of the proposed work effort. Circulation Element The Circulation Element will address the issues of vehicular movement in and throughout the community. The proposed approach to preparing the Element is to clearly identify the current situation and establish a framework for creating a transportation system that reflects the unique values of Seal Beach. The Circulation Element will include policies and examples of how to improve the major transportation corridors by enhancing aesthetics, safety, pedestrian/bicycle environment, and functionality. Targeted levels of service will be provided, as well as a roadway classification map for collector and arterial streets for the City). This Element will update and combine the existing Circulation Element, the Bicycle Route Element, and the Scenic Highways Element. To complete the Circulation Element, CAA will work with Kurtzman Associates to complete a review of existing traffic documentation and prepare a summary of existing and projected traffic conditions and identification of future traffic deficiencies. Due to the limited budget for this project, no new traffic modeling will be conducted, and reliance on existing data from recent traffic studies for recent major projects will be used (such as for the Hellman Ranch, Bixby Old Ranch Towne Center, and Boeing site). From this information, circulation goals, policies, and programs will be updated for incorporation into the Element. Seal Beach Culbertson, Adana & Associates, Gm. General Plan Update Program 6 Jam, 12, 2002 Safety Element The City's Seismic Safety - Safety Element was revised in 1997. Little updating is anticipated to be needed for this element, but review for formatting and consistency with other elements will be conducted. The Safety Element will use information on known hazards and will focus on programs to mitigate or respond to potential situations that may affect public safety. Noise Element Unacceptable levels of noise can degrade a community's quality of life. Much of the noise experienced by the population of Seal Beach is a result of vehicular traffic along the I -5 freeway and primary roads, aircraft operations from the Los Alamitos Armed Forces Reserve Center, and equipment noise (e.g., air conditioners, processing, and repair). The existing City Noise Element was adopted in 1975 and has not been revised. Updating the Noise Element will focus on ways to reduce the number of people affected by severe noise. Improving buildings to reduce interior noise levels results in a much more liveable environment for residents and generally will result in energy conservation. To develop an effective Noise Element, CAA team member, Mestre Greve Associates (MGA), will inventory current noise conditions, conduct a noise measurement survey, and generate noise contours for existing and future conditions. Noise contours generated for vehicle- related noise will be based upon the traffic assessment prepared by Kurtzman Associates. From this information, policies and noise standards will be developed and implementation guidelines and mitigation measures for noise control will be prepared. MGA's complete scope of work is included in the Appendices to this proposal. • Growth Management Element The City first adopted a Growth Management Element in 1992 following the provisions of Measure M. The element was last updated in 1993 and establishes service levels for various public services, including transportation, water, sewer, storm drainage, solid waste, law enforcement, fire protection, and others. CAA will update this element as necessary for consistency with other Plan elements, particularly Land Use and Circulation. • Coastal Land Use Plan The City drafted a Coastal Land Use Plan in 1983 which was adopted by the City Council at that time. The Plan was submitted to the Coastal Commission for review; however, a number of comments were sent back from the Coastal Commission to the City. The Plan was never adopted by the Coastal Commission. CAA will review the existing Local Coastal Plan and provide a draft of an updated Plan based on existing data and information and current California Coastal Commission Regulations. The Plan will generally address the following topics: public access and Seal Beach Culbertson, Adams & Associates, Inc. General Plan Update Program 7 June 11, 1001 recreation, marine and land resources, shoreline structures and hazards, new development, scenic and visual resources, and public works. The proposed Coastal Land Use Plan will conform with the policies of Chapter 3 of the Coastal Act, which sets the standards for review for the Land Use Plan governed by Public Resources Code §30200. The proposed Coastal Land Use Plan will be one of the elements needed for certification of the City's Local Coastal Program (LCP). Other required components will include implementing actions such as zoning ordinances and maps, and identification of sensitive coastal resource areas. The proposed work program includes only the preparation of the Land Use Plan component ofthe LCP. Preparation of all other LCP components and Coastal Commission certification of the LCP are beyond the proposed scope of work. CAA recommends that the Coastal Land Use Plan not be prepared as an element of the proposed General Plan m suggested in the RFP. By keeping the Coastal Land Use Plan separate from (but coordinated with) the General Plan, the City avoids the need to do a General Plan Amendment every time a proposed change is made to the Coastal Land Use Plan. In this way, California Coastal Commission purview is limited to the Coastal Land Use Plan and not opened up to other General Plan considerations. In addition, the review and approval process for the Coastal Land Use Plan may vary somewhat from the General Plan process. It is assumed that a work program, including issue identification, has been prepared as state funding is being provided for the LCP work effort. However, if this has not been completed, CAA will be happy to assist with this effort, which may require an amended scope of work. Preparation of the Coastal Land Use Plan will adhere to the noticing and public participation requirements set forth in the Coastal Commission regulations. This work effort will also include review of adjacent LCPs and will solicit early input from Coastal Commission staff. Review of the proposed Coastal Land Use Plan by the Coastal Commission can be an unpredictable process. For the purposes of this proposal, CAA will provide one draft copy of the Plan for Coastal Commission staff review, two meetings with Coastal Commission staff to review comments on the draft, and one public meeting held by the Coastal Commission. In addition, CAA assumes that the Coastal Commission will adhere to a 90- day review time for the proposed Plan. For work efforts beyond these assumptions, a revised scope of work will be provided to the City for their review and approval prior to initiating any additional work. Public Participation Program In accordance with State Planning Law, State General Plan Guidelines, and the Coastal Act, community participation represents an important component in the proposed General Plan and Coastal Land Use Plan program. In response to the RFP, we have developed the following recommended approach to provide public input into the process. The following approach has been Sea! Beach Colb.,amt Adams & Associates. fnc. General Plan Update Program 8 Jane 72, 2002 developed recognizing that the General Plan update will largely rely on existing information and data and that the project budget is limited. If the City decides that a more extensive approach is appropriate, CAA can discuss options for an expanded outreach effort. The primary goals of the public participation program are the following: Inform community stakeholders and the public at large of the fact that the City is undertaking a General Plan update program. Engage the public in the identification of issues, constraints, and opportunities, and share these ideas with the City's decision makers. Include the community's ideas and comments to the fullest degree possible and appropriate in the formulation of the proposed General Plan elements. City Website & Media Releases CAA will provide information about the General Plan program on an ongoing basis for inclusion on the City's Website and release to the media. CAA will work in conjunction with City staff to development articles which address: • Status of the General Plan update program • Upcoming workshop schedule • Methods for public comment • Summary of the proposed General Plan • Any other relevant topic If available, such articles may also be included in City or community newsletters (such as a chamber of commerce newsletter). Public Workshops As described below, four General Plan Advisory Committee workshops will be held on the project. These workshops will be advertised and open to the public. Time will allocated for public comments. Each workshop will provide: 1) background information and issue identification, 2) establishment of goals, policies and programs, and 3) review of the preliminary draft General Plan. Each workshop will address different topics as identified below. Seat Beach Culbertson, Adams & Aesociates. /nc. General Plan Update Program 9 June 11, 2002 Public Hearings The Planning Commission and the City Council will conduct public hearings on the proposed General Plan and the Coastal Land Use Plan. In addition, the California Coastal Commission will conduct a public hearing regarding the review of the Coastal Land Use Plan. These opportunities for public input will be advertised and noticed as required by state law. General Plan Advisory Committee and Workshops CAA proposes the formation of a General Plan Advisory Committee, or GPAC, to serve as the core group to work with the consultant team in review and development of the draft General Plan and Coastal Land Use Plan documents. The role of the GPAC will be to review and comment on proposed updated drafts of individual. elements. We recommend the GPAC be comprised of approximately 10 people and include representatives ofe Planning Commission and other standing commissions and committees, and representatives of the community at large. The GPAC could also include a City Council representative. CAA proposes to conduct four GPAC workshops as follows: Workshop 1 Introduction Land Use Element Workshop 2 Circulation Element Growth Management Element Workshop 3 Noise Element Safety Element Conservation/Recreation/Open Space Element Workshop 4 Coastal Land Use Plan Wrap Up For each workshop, CAA will provide copies of the existing element and preliminary draft element with any applicable supporting documentation in advance of each meeting. CAA will facilitate a discussion of each element and help identify issue areas and any proposed changes. Representatives from Mestre Greve Associates will participate in the Noise Element workshop, and a representative from Kunzman Associates will participate in the Circulation Element workshop. Of course, applicable City staff will participate in each workshop as well. Each workshop is assumed to be approximately three hours long. Requested changes and issues identified through the workshop process will be incorporated into the preliminary draft General Plan and the Coastal Land Use Plan. One reproducible copy will be provided to staff for their review. Based on staff review and comment, a proposed draft document (one reproducible copy) will be provided for Planning Commission and City Council review, as well Seal Beach Culbertson, Adams & Associates, Inc. General Plan Update Program 10 June 11, 2002 as for copies requested by the public and copies needed for internal City use. Due to budget limitations, all requested changes may not be accommodated within the proposed scope of work, such as the collection of new data or preparation of additional technical studies. However, information requests or changes that cannot be accommodated within the scope of work and budget will be documented and recommendations will be made for future or additional work efforts. In addition, CAA will document all comments and recommendations presented at the workshops for City Council and Planning Commission information. CEQA Compliance Documentation The proposed General Plan update is a considered a "project" under CEQA. CEQA compliance documentation will be required to address the potential environmental effects of the proposed General Plan and the Coastal Land Use Plan. As no changes in land use are proposed and the City intends to largely rely on the existing elements and available information, the Initial Study for the project may support the issuance of a Mitigated Negative Declaration. This section summarizes the tasks required for the preparation of a Mitigated Negative Declaration. If significant adverse environmental effects are identified that cannot be mitigated, an Environmental Impact Report will need to be prepared. In this event, a revised scope of work will need to be prepared to accommodate this expanded work effort. For purposes of this proposal, an Initial Study/MitigatedNegative Declaration (IS/MND) is assumed to be prepared for the project which will include the following main components: Introduction/Statutory Authority Project Description Environmental Setting/Potential Project Impacts/Mitigation Measures Mitigation Monitoring and Reporting Program. A screencheck copy of the proposed IS/MND will be provided to staff for review. Based on any comments on the draft IS/MND, CAA will finalize the IS/MND document. City staff, with assistance from CAA, will prepare the proposed IS/MND distribution list. CAA will prepare all required notices with the City being responsible for any publishing costs. CAA will print and mail up to 20 copies of the proposed IS/MND for public review. CAA will prepare responses to comments received on the circulated IS /MND. It is assumed for the purposes of this proposal that approximately 5 comment letters with a total of 20 comments will require responses. Upon project approval, CAA will prepare the Notice of Determination (NOD) for City signature and file the NOD with the State Office of Planning and Research and the County Clerk's office. One copy of the Final IS/MND will be provided to City staff. Seal Beach Culbertson. Adams & Associates. Me. General Plan Update Program l l June 11, 2002 Public Review and Plan Adoption Based on the GPAC workshops and staff review, a proposed draft General Plan and Coastal Land Use Plan will be reviewed by the Planning Commission and the City Council. The proposed scope of work provides for CAA attendance at one Planning Commission meeting and one City Council meeting. In addition, the proposed Coastal Land Use Plan will require review by the California Coastal Commission. The proposed scope of work provides for CAA attendance at one California Coastal Commission hearing. With City approval, CAA may attend additional meetings and hearings, which will be billed on a time and materials basis as set forth in CAA's Schedule of Fees. One reproducible copy of all final documents (General Plan, Local Coastal Plan, and IS/MND) will be provided to the City. In addition, an electronic copy of the documents will be provided in MS Word format to be consistent with City computer systems. Seal Beach Culbertson, Adams & Associates, Inc. General Plan Update Program 12 June 11, 2002 III. Consultant Team Qualifications Business Organization Throughout public agencies and within the business community, CAA is recognized as an environmental and planning consulting firm offering the highest level of technical expertise and professional capability. CAA is known for its exceptional depth of senior talent, its self - starter philosophy, and its commitment — as a partner to the client — to handle every project as if it were our own. CAA reflects its forward - looking philosophy in the fact that it is a certified Small Business Enterprise. With many years of experience in the public and private sectors, CAA is deeply involved in the intricacies ofplanning, CEQA analysis, and the entitlement process. CAA's expertise can save clients time and money where it counts the most, and CAA is known for its outstanding adherence to strict schedules. In working with public agencies, CAA serves as an extension of staff, enhancing the City's project team. CAA does not assume more work than it can do well. CAA does not put inexperienced people in charge of a project. CAA is proud of its reputation and the fact that many public agencies actually allow CAA to assist them, even while processing private sector projects within their jurisdiction. CAA possesses senior management level personnel knowledgeable in virtually every expertise touching the planning process. This makes CAA's planning and CEQA compliance documents above reproach, since a large part ofthe environmental planning process is the anticipation of issues before they are stated to the City. This saves time, money, and effort, and results in an environmental analysis process of great integrity. CAA, a California corporation, is an urban planning and environmental impact documentation consulting company providing services to the private and public land development community. Its principal place of business is in Aliso Viejo, California. Company History Established in 1981, CAA was organized with the philosophy that the process of achieving the goals of our clients is best accomplished by a management team that produces informative, legally defensible implementation documents for carrying out a project. Our extensive experience in and for the public sector enables us to establish an instant and effective relationship with staff, decision makers, and the public. Our extensive public hearing and public speaking experience is often called upon by public agencies to assist them in the public debate of a project. The corporation is led by C. David Culbertson, Chairman and CEO, and M. Andriette Culbertson, President. Ms. Culbertson is also a practicing attorney and a member of the State Bar of California. The company is organized into three functional areas of expertise: CEQA, Entitlement (including major project management), and the California Coastal Act. The company employs 13 professional staffand 3 administrative support staff. The CEQA Section ofCAA includes 6 professional full -time Seal Beach Calberum Adams & Associates. Inc. General Plan Update Program 13 June l2.2002 staff. An additional 2 professional planning staff members regularly provide services to CAA on a contract basis for CEQA - related matters. CAA has been responsible for the preparation and approval of more than 600 projects in the last 21 yews that represent a comprehensive range of CEQA - mandated project reports and approvals. This range of CEQA - related work includes such projects as the preparation of Program Environmental Impact Reports (EIRs) for master planned communities and redevelopment mew, and preparation of EIRs for new high schools, residential developments, and retail centers. Related Experience The principals of CAA are leaders in the development of progressive programs for planning and zoning documentation compliance with the California Environmental Quality Act (CEQA), the California Coastal Act, and the National Environmental Policy Act (NEPA). For example, Ms. Culbertson developed one of the CEQA processes, which has become known as the "Program EIR." This innovation alone has saved builders and landowners millions of dollars. CAA has prepared numerous planning and CEQA compliance documents, including EIRs and EISs, for private and public sector projects. Although many have been highly controversial, no Negative Declaration, Environmental Determination, or EIR written by CAA has been overturned in court or found to be inadequate by decision makers. The CAA philosophy is to resist the requirement of an EIR unless it is legally necessary. If one must be written, however, CAA's commitment is to make sure it has the best chance possible of standing the test of litigation. Below is a list of representative clients and projects by category. Community and General Plans - Mission Viejo Planned Community Plan - Aliso Viejo Planned Community Plan - Trabuco Ranch Planned Community General Plan - Laguna Laurel Planned Community Malibu Community Plan/General Plan Sunset Beach Community Plan Country Village Transit Study City of Beaumont General Plan Major Environmental Analysis /Environmental Impact Reports - Tonner Hills Planned Community EIR - Aliso Viejo Planned Community Program EIR - Laguna Niguel Planned Community Program EIR - Country Village/Narland Planned Communities Program EIR - Osterman Ranch General Plan Amendment EIR - Laguna Laurel Planned Community Program EIR - Home Federal Savings Building EIR (320,000 sq.ft.) Seal Beach Culbertson, Adams & Ass"sams. Inc, General Plan Update Program 14 June 12, 2002 Village of Westpark EIR (City of Irvine) Portola Hills Planned Community Program EIR Downtown Brea Master Plan EIR Santa Ana -Delhi Channel Wetlands Restoration EIR Upper Newport Bay Regional Park EIR Altamim Country Club EIR (City of Palm Desert) City of Beaumont General Plan and EIR Theo Lacy Jail Expansion for the Orange County Sheriffs Department Musick Jail Master Plan and Expansion Project EIR for the Orange County Sheriffs Department Ortega Rock Quarry Master Plan EIR Brea Olinda Specific Plan EIR Santa Monica Virginia Park Expansion EIR Tomlinson Park Specific Plan EIR Program EIRs for Redevelopment Project Areas South Carlsbad Coastal Redevelopment Plan Program EIR San Bernardino 401° Street Redevelopment Plan Program EIR Redevelopment Plan Amendment No. 2 to Downtown El Monte Redevelopment Plan Program EIR Initial Studies A 20 -unit time share condominium project, City of Newport Beach - Coast Business Center, City of Newport Beach - Shokrian project, City of Newport Beach Tentative Tract, Cities of Los Angeles and Inglewood - A 496 -unit Tentative Tract, Mission Viejo - 10,000 units in separate tentative maps in Aliso Viejo Resource Agency Permits/Coordination - Aliso Creek Wildlife Enhancement Project - Tonner Hills Planned Community - Tesoro High School - Guajome Park Academy Aliso Viejo Golf Course and Country Club - Park Newport Apartments - Monarch Beach Resort - City of Laguna Woods Driving Range Newport Dunes Resort - The Oaks Equestrian Center - Capistrano Valley Water District Water Rights Application Seal Beach Culbertson, Adams & Associates, Inc. General Plan Update Program 15 June 12, 2002 Special Studies - Coordination of 208 Water Quality Planning, City of Irvine - Participation in studies for the Governor's Task Force on Affordable Housing Land use feasibility studies - Training programs for CEQA administration - Litigation support for matters relating to the California Environmental Quality Act of 1970 and the National Environmental Policy Act of 1969 - Guideline review and suggested revisions for California Environmental Quality Act Guidelines Clients That Have Used CAA for Project Management - Mission Viejo Company - Hemmeter Development Corporation - Shea Homes - The Irvine Company AVCO Community Developers - Hon Development Company - Lennar Development Company - County of Orange - City of Irvine - City of Newport Beach - City of Mission Viejo - City of Beaumont - Soka University of America - Pacific Gateway - Bank of America - Simon DeBartolo - Parker Properties Public Client List - 2001/02 County of Orange - Environmental impact documentation services for the Tonner Hills Planned Community EIR City of Burbank - On -call CEQA and environmental impact documentation services City of Carlsbad - Environmental impact documentation services for the Redevelopment Project Area Program EIR City of El Monte - Environmental impact documentation services for the Downtown El Monte Redevelopment Plan Amendment Program EIR City of San Bernardino - Environmental impact documentation services for the 40' Street Redevelopment Plan Program EIR City of Brea - Tomlinson Park Specific Plan EIR City of Laguna Woods - Planning and development services, and environmental impact documentation services City of Newport Beach - Environmental impact documentation services for the Balboa Bay Club remodeling and expansion project Seal Beach Calbertaon, Adams & Aasackum, Inc. General Plan Update Program 16 Arta /1, 2002 City of San Juan Capistrano - Environmental impact documentation services for the Public Works Department for water tanks City of Santa Monica - Environmental impact documentation services for various projects including the Airport Park EIR, the Virginia Avenue Park Expansion EIR, the Artist Live Work/Studio Project, and the New Fixed Base Operator at Santa Monica Airport City of Seal Beach - On-call CEQA and environmental impact documentation services for the Rossmoor Retail Center Renovation Project Capistrano USD, Santa Ana USD, Garden Grove USD, and Vista Unified USD - Various planning and environmental impact documentation projects throughout each district, including on -call CEQA services In summary, CAA brings together some of the most experienced and technically competent experts in the major disciplines of land use and environmental planning in the region. The CAA project team has had extensive planning experience in the public and private sectors. Discussion of the qualifications of top level management and the abilities ofpersons assigned to the project to perform the work proposed is provided in the following section. Key Staff Qualifications Because of its corporate philosophy, CAA can expand or contract its organization by association with appropriate professionals in the field. An organizational chart is provided depicting the project manager and other key personnel, as well as proposed technical subconsultants. Because of our size, CAA is selective concerning the number of projects for which the firm is responsible at any given time. This philosophy ensures that each project is managed personally by a firm principal who works directly with the client on every facet of the project. The CAA team brings years of experience across a wide range of projects. The proposed project team is led by M. Andriette Culbertson, President and Principal -In- Charge, and includes Elizabeth C. Mahoney, Director of Environmental Planning, Diane L. Bathgate, AICP, Senior Planner, and Assistant Planners Kent Lin and Shawna Draper. For this project, Ms. Culbertson will be the designated Project Manager. As requested in Section 2 of the City of Seal Beach M. Andriene Culbertson Project Manager Diane Bath9ate, AICP Assistant Project Manager CAA Subconsultants Elizabeth Mahoney Kunzman Associates Director or Tmfflc Environmental Planning Mes" Greve Associates Kent Lin Noise Associate Planner Shawna Draper Associate Planner Seat Beach Culbertson, Adams & Associates, Ina General Plan Update Program 17 June 11, 2002 RFP, Ms. Culbertson will be the consultant's representative for this project and will remain in charge for the duration of the project. If the primary representative for some reason is unable to continue with the project, Diane Bathgate, the alternative representative, will become the primary representative. A brief synopsis of the strengths and qualifications of the project team is provided below, with complete staff resumes provided in the Appendix. M. Andriette Culbertson, President - A unique feature of CAA is its environmental consulting services. President and co- founder M. Andriette Culbertson possesses more than 29 years of experience with planning and zoning law, the California Coastal Act, the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), mitigation design, and resource management. Recognized as an expert in this field, Ms. Culbertson has been an invited witness to CEQA oversight committees, has prepared numerous statutory and guideline revisions, and has been retained in oversight engagements to ensure adequate CEQA compliance. Ms. Culbertson is a member of the State Bar of California and a practicing attorney in environmental and land use law. Ms. Culbertson's legal background enables her significant advantages in the administration of CEQA and NEPA — extremely litigious laws. As head of CAA's CEQA planning program, Ms. Culbertson has instilled an energy among CAA's staff for rigorous analysis in enviromnental documents. CAA's environmental analyses, therefore, not only consist of accurate, comprehensive inventories and rigorous analysis, but also focus on problem solving. The special terms assigned to the problem - solving feature of environmental analysis under CEQA are mitigation measures/mitigation monitoring programs and project alternatives. Elizabeth C. Mahoney - As Director of Environmental Planning for CAA, Ms. Mahoney directs the preparation of CEQA required compliance documents such as EIRs, Mitigated Negative Declarations, and Initial Studies. Her expertise includes effective project manage- ment and coordination among clients, subconsultants, and staff resources. Her past experience managing and implementing multi - million -dollar public sector infrastructure improvement projects is a valuable asset to the CEQA team. Ms. Mahoney is recognized as an experienced manager who understands the critical, time - sensitive nature and fiduciary obligations of programming and managing large -scale and complex projects. Diane L. Bathgate, AICP - Ms. Bathgate, as Senior Planner, has assisted in the project management and preparation ofnumerous CEQA compliance documents, including the EIRs for the Bixby Old Ranch Towne Center, Tomlinson Park Specific Plan, Tonner Hills Planned Community, South Carlsbad Coastal Redevelopment Plan Adoption, El Monte Redevelop- ment Plan Amendment, and many Mitigated Negative Declarations for commercial centers, public schools, and residential projects. Ms. Bathgate is also familiar with the California Coastal Act through working on the projects within the Coastal Zone. She has assisted in General Plan updates for the City of Irvine through her former position as a Senior Planner in the Advance Planning section in the Community Development Department. In addition, Seal Beach Culbertson, Adams & Assaoiaw, fine. General Plan Update Program is June 12, 2002 Ms. Bathgate recently participated in the General Plan update for the City of San Juan Capistrano. Her expertise includes coordination with clients, governmental agencies and staff, research and analysis, site /architectural design evaluation, and technical writing. As Mayor, she currently serves on the City of San Juan Capistrano City Council. Kent S. Lin - Mr. Lin, Assistant Environmental Planner, brings extensive CEQA technical expertise to the CEQA team. Mr. Lin is proficient in the preparation of all CEQA documents such as EIRs, Negative Declarations, and Mitigated Negative Declarations. He excels at technical analysis and creative problem solving for projects and clients. Highlights of Mr. Lin's work include preparing the recently adopted EIR for park expansion in the City of Santa Monica, writing addenda to Program EIRs for additional educational, commercial and residential projects, and preparing a Mitigated Negative Declaration for a new apartment complex project. Shawn L. Draper - As an Assistant Planner, Ms. Draper focuses on the planning research and the preparation of CEQA compliance documents. She has prepared Initial Studies and Mitigated Negative Declarations, and assisted with preparation of EIRs requiring analysis of technical subconsultant studies, research of land use and zoning regulations, construction and neighborhood effects. Her experience also includes tracking and statistically analyzing low- income housing data, extensive research in current planning and environmental law, and fieldwork. Based on numerous years of experience in the environmental planning field, CAA has found that an interdisciplinary team approach best serves the client's interest and ensures the integrity of a project's analysis. CAA has also determined that the top technical specialists are most often found in their own consulting businesses. Therefore, forprojects requiring technical expertise in such areas as traffic and noise analysis, CAA relies upon other consultants recognized and respected in their fields. This association, in the fore of subconsultant agreements, ensures that technical consultant expertise is customized to individual client and project needs. CAA proposes to use the following well - qualified consultant team to prepare technical studies for use in preparing the General Plan. Subcomultant work proposals and resumes of key staff are included in the Appendices to this proposal. Traffic/Circulation Mr. William A. Kunzman / Mr. Carl Ballard Kunzman Associates 1 I 1 I Town & Country Road, Suite 34 Grange, CA 92868 -4667 (714) 973 -8383 Noise Mr. Fred Greve / Mr. Matt Jones Mestre Greve Associates 280 Newport Center Drive, Suite 230 Newport Beach, CA 92660 (949) 760 -0891 Seal Beach Culbertson, Adams & Associates, lnc. General Plan Update Program 19 June 11, 2002 IV. Project Schedule CAA is prepared to begin preparation of the General Plan update and the Coastal Land Use Plan immediately upon execution of a contract. Preliminary time lines for key project tasks are presented below. Task Time Frame Kick -off Meeting with City Staff I week Review of existing General Plan and available documents 5 weeks Finalize work program I week Complete Circulation Assessment g weeks Complete Air Quality Assessment 4 weeks Complete Preliminary Draft General Plan 12 weeks City Council appoints GPAC members Conduct GPAC workshops (4) 5 weeks Revise /finalize Draft General Plan & Complete IS/MND 4 weeks Circulate IS /MND for 30 -Day Public Review 4 weeks Planning Commission Review 2 weeks City Council Review 2 weeks Coastal Commission Review (only Coastal Land Use Plan 12 weeks Based on the preliminary schedule above, completion of the General Update and the Coastal Land Use Plan and the accompanying environmental documentation process is estimated to take approximately 12 months. California Coastal Commission review and approval of the Coastal Land Use Plan is estimated to take approximately 3 months after City Council adoption of the Plan. Seal Beach Culbertson, Adams & Associates, Inc. Gewral Plan Update Program 20 June 11, 1001 V. Compensation Pursuant to the RFP, a not- tot-exceed cost based on the above - outlined scope of work is provided in a separate sealed envelope. The sealed cost proposal includes a breakdown of various tasks and the number of hours and hourly rate for each individual assigned to each task. Costs and tasks are broken down into the following categories: Data Review Preliminary Document Public Participation Program GPAC/Public Workshops Final Document IS/MND Public Hearings Reproduction/Delivery Subconsultant Costs The separate fee envelope is sealed and clearly marked "Cost Proposal for the General Plan Review." Seal Beach Culbertson, Adams & Associates, Inc. General Plan Update Program 21 June 12, 2002 VI. Disclosures and Limitations As required by Item 5 in the issued RFP, CAA discloses that it has previously worked on two projects within the City of Seal Beach: the Bixby Ranch Old Towne Center EIR and the Rossmoor Retail Center Renovation Project Mitigated Negative Declaration. CAA has worked under contract with the City of Seal Beach for both of these projects, which are now complete. CAA has not worked for any business entities or individuals in the City. For the duration of this project, CAA will not accept projects within the City of Seal Beach without City permission. This proposal is based on a reasonable schedule and the scope of work set forth herein. Changes in the schedule or scope of work assumptions may result in costs beyond those currently anticipated. Major changes include, but are not limited to: 1. Changes in the project by the City that cause revisions of printed documentation of plans beyond those covered by the scope of work. 2. Finding of one or more unavoidable adverse impacts that cause the abandonment of the Mitigated Negative Declaration. 3. Changes in the project by outside agencies or individuals accepted by the City which cause revisions of the printed documentation or plans or additional processing beyond that covered by the scope of work. 4. Changes in the schedule by the City or outside agency beyond the parameters set forth in this proposal. 5. Expansion of the area of study or regulatory activity by the City or outside agencies. 6. Additional planning entitlements, or permits. 7. Appeal ofproject determination (e.g., project approval or denial) bythe City, outside agency, or other group or organization. If one or more of the above incidents occurs, CAA shall be entitled to negotiate a contract amendment. In the event a contract amendment cannot be mutually agreed upon or is denied, CAA shall be entitled to withdraw from the project and terminate the contract/agreement. This proposal shall be considered valid for an authorization date up to August 30, 2002, and a project completion date up to December 31, 2003. Project completion is evidenced by posting of the Notice of Determination for the project. Unreasonable review periods by the City, or delays for redesign or negotiation, entitle our firm to renegotiate the contract for costs incurred by the delays. If any of the changes described above occur, CAA shall inform the City in writing of the status of our proposal. We also agree that we will inform the City in writing during the processing of this project of any delays outside of our control that have been experienced which might ultimately affect the schedule or the costs. Seal Beach Culberbon. Adorns & Associates. Inc. General Plan Update Program 22 June 12, 2002 Appendix A Selected CAA Resumes Sea/ Beach Cu(hertson, Adams & Associates, Bx. Genera/ Plan Update Program June 11, 2002 M. ANDRIETTE CULBERTSON Resume Abstract President Principal M. Andriette Culbertsonhw worked professionally in the field ofplanning, zoning, environmental and coastal matters in both the public and private sectors since 1973 and has maintained a separate law practice in those areas since 1987. Education Undergraduate Work Graduate Work Graduate Member Guest Lecturer Class Instructor Experience 1996 - present 1987-1996 1981 - 1987 1979- 1981 University of California, Irvine B.A., Political Science, 1974 Cal Poly Pomona School of Urban and Regional Planning 1975 -1976 Western State University School of Law J.D., cum laude, December 1986 State Bar of California Attorney at Law • University of California, Irvine University Extension • California State University, Fullerton University of California, Irvine Culbertson, Adams & Associates, Inc. President Culbertson, Adams & Associates, Inc. Executive Vice President and Principal Culbertson, Adams & Associates, Inc. Vice President and Principal Jack G. Raub Company Manager, Environmental Analysis 1977- 1979 City of Irvine, Environmental Analysis and Current Planning Divisions. Positions held: Chief, Environmental Analysis Division, Senior Planner Section Head, Chairman of the Subdivision Committee 1973- 1977 County of Orange, Zoning and Environmental Analysis Divisions. Positions held: Student Intern, Junior Planner, Planner I, Planner II Seal Beach Culbertson, Adams & Associates, I e. General Plan Update Program Jane 11, 2002 M. ANDRIETTE CULSERTSO.V Resume Abstract Expertise Administration of the California Environmental Quality Act and National Environmental Policy Act. • Administration and advocacy of public and private projects pursuant to the California Coastal Act. • Coordination of general plan amendments, special studies and zone changes. • Technical support in CEQA/NEPA litigation matters. • CEQA, Coastal Act and Land Use Counsel. • Member, CEQA Steering Committee of Assemblywoman Doris Allen. • Expert witness, CEQA, general planning, environmental and coastal planning matters. Ms. Culbertson has had extensive experience in project management and planning activities in a variety ofjurisdictions since 1973. These projects included all phases of planning approvals, from general plan amendments to subdivisions, through all necessary regulatory jurisdictions including California Department of Fish & Game, Army Corps of Engineers, or California Coastal Commission. Her ability to effectively coordinate client objectives, consultant team response to deadlines is a specific attribute in the successful completion of her projects. Ms. Culbertson brings a special background to the planning process through her knowledge of Planning and Zoning law, the California Environmental Quality Act (CEQA), and the National Environmental Policy Act (NEPA) and California Coastal Act. As the author of over 300 environmental documents, Ms. Culbertson is a recognized expert in these areas, often being called upon by legislators, state agencies, local agencies, and attorneys to provide interpretation and expertise. Ms. Culbertson has prepared statutory and regulatory amendments to CEQA and its Guidelines on a regular basis since 1977, and has worked extensively on major litigation matters pertaining to CEQA and NEPA compliance. Ms. Culbertson's rich background and acute awareness in this field is the foundation for environmental documents whose integrity and compliance with applicable regulation is above reproach. Ms Culbertson's work with respect to the California Coastal Act spans over 20 years and involves some of the most controversial projects to come before the Commission. Her awareness of statutory requirements and policy, as well as her ability to work effectively with staff, is a key ingredient in the achievement of an unblemished record of Commission approvals. Ms. Culbertson has participated in the preparation of major Feature Plans and Area Plans, and also organized and managed general plan amendments and community plan studies for clients in the public and private sectors. The Principal In Charge of the CEQA Liaison for our firm is M. Andriette Culbertson, President. Ms. Culbertson is a planner and attorney, and is a recognized expert in the administration and successful application of CEQA. Seal Beach Culbertson. Adams & Associate,, In General Plan Update Program c. June 11. 2002 M. ANDRLETTE CULBERTSON Resume Abstract Ms. Culbertson's over 29 years of professional planning experience have been largely devoted to the administration of CEQA. Her preparation and/or direction of over 75 EIRs and environmental documents and her role as chief environmental coordinator in two public agencies and two private sector fines give her an awareness and expertise unique in California. A summary of Ms. Culbertson's key accomplishments in the area of CEQA is shown below. Development Agreement/Vesting Tentative Map Litigation In 1988, two cities and a local environmental group filed a writ of mandate action against the Development Agreement and Subdivision ofAliso Viejo, a 6,600 -acre planned community in Southern Orange County. The action involved mixed issues ofdevelopment agreement validity, tentative map validity, and compliance with the California Environmental Quality Act (CEQA). After extensive discussions, petitioners initiated settlement discussions. The matter was settled without concessions on the part of the defendant public agency or real party in interest. Village Laguna Litigation Because of Ms. Culbertson's extensive experience in CEQA, she was called upon to assist the County of Orange and the law firm of McKenna, Conner, and Cotten, in their defense of this action. The petition covered 146 separate CEQA allegations to which Ms. Culbertson prepared detailed answers as Attorney Work Product. During herprepamtion forthe case, Ms. Culbertson read and briefed all CEQA appellate and Supreme Court decisions (116 in number at that time), and formulated preliminary argument approaches for attorney review. Coastal Litigation Ms. Culbertson participated in the defense of litigation brought against the Monarch Beach Resort Complex, an 1,126 -roam hotel/recreation project in Orange County proposed by Hemmeter Corporation of Hawaii. The case was settled on a basis favorable to the real party. Ms. Culbertson assisted the law firm of Buchalter, Nemer, Chrystie, Fields and Younger in their defense of a CEQA -based and Coastal Act -based attack on a 309,000 -square-foot commercial center in Laguna Niguel. Ms. Culbertson assisted the firm in formulating CEQA and Coastal Act argument approaches and the administrative record. Manual Preparation Ms. Culbertson has prepared four manuals for CEQA compliance: County of Orange (1976), City of Irvine (1978), Jack G. Raub Company (1980), and Capistrano Unified School District. In the preparation of these manuals, she emphasized the orderly and sensitive implementation of CEQA provisions for the clearest compliance. Statutory/Guidelines Involvement Ms. Culbertson was an invited witness before the State Bar Committee on the Environment (convened on behalf of the Natural Resources Committee) on matters relating to a review of CEQA for technical amendment. Ms. Culbertson's testimony is acknowledged in the Committee report, and her involvement continues with Assemblyman Goggin's (Chairman of the Natural Resource Committee) office Seat Beach Culbera., Adams & Assoetatea. I e. General Plan Update Program June l2, 2002 M. AND&ETTE CULBEERTSON Resume Abstract on Assembly Bill amendments. One ofMs. Culbertson's testimony items was formed into a bill concerning comments on Notices of Preparation. Ms. Culbertson continues to participate with the State Resources Agency on Guidelines revisions. Anticipation of Litigation Ms. Culbertson is commonly called upon to undertake EIR direction and preparation in cases where CEQA based litigation is anticipated. This involves her preparation and management of special procedures to accuratelycomply with CEQA's procedural and substantive requirements, including preparation of findings, administration of scoping meetings, and advisement on responses to comments. None of Ms. Culbertson's work efforts in this area has been overturned by a court of law. Expert Witness Ms. Culbertson is qualified as an expert witness in planning, environmental, coastal, and consulting matters. Seal Beach Culbertsoa, Adams & Associates, Inc. General Plan Update Program June 11, 2002 DIANE L. BATHGATE, AICP Resume Abstract Senior Planner Ms. Bathgate has worked professionally in the field of planning since 1987 Education University of California, Santa Barbara B.A., Environmental Studies and Psychology California State University, Long Beach Masters in Public Administration (currently enrolled) 4.0 GPA University of California, Irvine (Extension) Course work in planning law, environmental design, and architecture Experience 1995 - present Culbertson, Adams & Associates, Inc. Senior Planner 1989- 1995 City of Irvine Performed a wide range of duties in the Advance Planning and Current Planning Divisions 1987-1989 City of San Juan Capistrano Assistant Planner - Current Development Expertise Development and Design Review Processes • Intergovernmental Relations • Preparation of CEQA compliance documentation • Development Monitoring and Reporting Programs • Excellent written and verbal skills Professional American Institute of Certified Planners Affiliations American Planning Association • Association of Environmental Professionals Seal Beach Calbertsaa, Adams & Assa,iates, (ne. General Plan Update Program June 11, 2002 DANE L. BATHGATE, AICP Resume Abstract For the past seven years with CAA, Ms. Bathgate has assisted in the project management and preparation of numerous CEQA compliance documents, including the EIRS for the Bixby Old Ranch Towne Center, Tomlinson Park Specific Plan, Tormer Hills Planned Community, South Carlsbad Coastal Redevelopment Plan, and El Monte Downtown Redevelopment Plan Amendment, as well as many Mitigated Negative Declarations for commercial centers, public schools, and residential projects. Ms. Bathgate's experience also includes project compliance with the California Coastal Act. Her expertise includes coordination with clients, governmental agencies and staff, research and analysis, site /architectural design evaluation, and technical writing. In her six years at the City of Irvine Community Development Department, Ms. Bathgate was assigned various tasks with increasing levels of responsibility. These positions included Assistant Planner- Commercial/Industrial Section; Associate Planner- Advance Planning; and finally Senior Planner - Advance Planning. Major projects which Ms. Bathgate managed include two municipal annexations (900 acres); Development Agreement between the University of California, Irvine, and the City; and San Joaquin Marsh Enhancement Plan and EIR. In addition, Ms. Bathgate managed the City Development Monitoring Program and developed the first annual reporting document which provided status and recommendations on General Plan programs. Within the CommerciaVIndustrial Section, Ms. Bathgate reviewed commercial, retail, and industrial development applications, prepared environmental analysis, and provided updates of various planning and development code sections. As an Assistant Planner at the City of San Juan Capistrano, Ms. Bathgate managed development projects including zone changes, tentative maps, zone variances, conditional use permits, and architectural reviews with associated environmental documentation. She prepared numerous written and oral reports to City Council and various commissions. Ms. Bathgate presently serves on the City Council for the City of San Juan Capistrano. She also chairs the City's Community Redevelopment Agency and Capistrano Valley Water District and represents the City on the South Orange County Wastewater Authority. Previously, she served as a member of the City of San Juan Capistrano Planning Commission (1990 - 2000). In the capacities of Chairman and Vice Chairman, Ms. Bathgate conducted many public meetings and hearings. Ms. Bathgate also served as a representative to the Design Review Committee. Through her varied work experiences, Ms. Bathgate has honed the ability to resolve issues cooperatively and diplomatically with property owners, developers, agencies, citizens, homeowners associations, and city staff. Seal Beach Wberaan, Adams & Associates, /- General Plan Update Program June /Z. 2002 ELIZABETHC MAHONEY Resume Abstract Director, Environmental Planning Ms. Mahoney has worked professionally in the field of public administration, program management, and planning since 1988. Education University of St. Thomas, St. Paul, Minnesota B.A. cum laude, Economics and Public Administration University of California, Irvine M.B.A., Graduate School of Management, 1998 Additional studies in Environmental Compliance and Development Management at the Universities of California, Los Angeles and Irvine Experience 2001 - present Culbertson, Adams & Associates, Inc. Director, Environmental Planning 1998-2001 Orange County Transportation Authority Manager, Commuter Rail Program 1993- 1998 Orange County Transportation Authority Project Manager, Commuter Service 1989- 1993 Orange County Transportation Authority Project Administrator 1988- 1989 Regional Transit Board, St. Paul, Minnesota Project Administrator Expertise Management ofcomprehensive planning, development, and construction of infrastructure improvement projects in the public sector • Project management • Contract and subcontract management • Intergovernmental relationship management • Preparation of documents pursuant to the California Environmental Quality Act (CEQA) • Project budgeting and financial feasibility assessments Seal Beach Culbertson. Adams & Associates. Inc. General Plan Update Program June I2, 2002 ELIZABETH MAHONEY Resume Abstract Civic Member of the Board of Directors Affiliations Habitat for Humanity Orange County Ms. Mahoney currently directs the preparation of environmental compliance documents and processes for CAA engagements, managing project coordination and completion among subconsultants, clients, and staff experts. The scope of Ms. Mahoney's CEQA work includes the preparation of Environmental Impact Reports, Mitigated Negative Declarations, Exemptions, and Initial Studies, including Tonner Hills DEIR, Santa Monica Virginia Park EIR, and Rossmoor Center Renovation Mitigated Negative Declaration.. Her past experience with large -scale public sector transportation infrastructure improvement projects has proven invaluable in ensuring successful and timely project completion and CEQA compliance. Before joining Culbertson, Adams & Associates, Inc., Ms. Mahoney was the manager of the commuter mil program for the Orange County Transportation Authority. Her position required the establishment and fostering of cooperative working relationships with various trustee agencies, planning, engineering and technical consultants, and the general public. In this capacity, she represented the Authority at public hearings, before governing boards, and with advisory/advocacy, committees. Ms. Mahoney is recognized for her expertise and skill in project management, resource allocation planning, and the preparation of comprehensive reporting documents. Ms. Mahoney was previously responsible for the development of the financial feasibility and analysis report on a $1.5 billion rail project for CEQA/NEPA and federal transportation funding compliance requirements. Her efforts resulted in improving the overall ranking of the project based on the strength of the financial report. Ms. Mahoney currently serves on the Board of Directors of Habitat for Humanity Orange County and is an active participant in building of affordable work force housing in the local community. Seal Beach Culbertson, Adams & Associates, Inc. General Plan Update Program June 11, 2002 KENT S LIN Resume Abstract Assistant Environmental Planner Mr. Lin has worked professionally in the field of planning and environmental matters since 1999. Education University of California, Irvine B.A., Program in Social Ecology, 1999 (Environmental Analysis and Design) Minor in Urban and Regional Planning, 1999 Experience 2000 - present Culbertson, Adams & Associates, Inc. Assistant Environmental Planner 1998-1999 _ City of Santa Ana Planning Division Cuaent/Advance Planning Intern Expertise • Knowledge of California Environmental Quality Act (CEQA) compliance documentation preparation • CEQA compliance for school districts • Development project environmental assessment • Planning and entitlement processing As an Assistant Environmental Planner, Mr. Lin has been key in analyzing and preparing environmental documentation for projects such as the expansion of Virginia Avenue Park in the City of Santa Monica, and school improvements for Santa Ana Unified School District and Capistrano Unified School District. Mr. Lin is proficient in California Environmental Quality Act (CEQA) documentation compliance with expertise including the coordination and preparation of Environmental Impact Reports. His strengths include creative problem solving and technical analysis. Most recently, he prepared numerous technical impact assessments for the Tormer Hills Planned Community EIR. Seal Beaeh Culbertson, Adams & As edwes, Inc. General Plan Update Program June 11, 1001 SHAWNA DRAPER Resume Abstract Assistant Planner Ms. Draper has worked professionally in the field of planning and environmental matters since 1999 Education Brown University B.A. in Urban Studies, 2001 Experience 2001 - present Culbertson, Adams & Associates, Inc. Assistant Planner 1999-2000 Culbertson, Adams & Associates, Inc. Student Intern Expertise Preparation of documents pursuant to the California Environmental Quality Act (CEQA) • Extensive research and analysis experience • Excellent written and verbal skills A recent graduate of Brown University, Ms. Draper has worked for Culbertson, Adams & Associates, Inc. in two different capacities — as a student intern for two summers, and now as an Assistant Planner. As a student intem she gained experience with the California Environmental Quality Act, researching and writing portions of Environmental Impact Reports and Negative Declarations, and with processing current planning projects. Her experience also includes tracking and statistically analyzing low - income housing data, extensive research in current planning and environmental law, as well as fieldwork, including site inspections and public notices processing. As an Assistant Planner, Ms. Draper focuses on the preparation of documents under the California Environmental Quality Act. Her environmental documentation experience includes the preparation of Environmental Impact Reports, including the analysis of technical subconsultant studies, research of land use and zoning designations, analysis of environmental impact issues such as geology and soil, utilities and services, construction and neighborhood effects and public services, exhibit coordination, photographic survey, and subconsultant coordination. Ms. Draper has also worked closely with local school districts in the preparation of CEQA required reports for school improvements, such as the preparation of an Initial Study and a Mitigated Negative Declaration for a new 700- student Family Literacy Center. In addition to her work under CEQA, Ms. Draper also has experience in current planning; she has worked on the preparation and processing of Zone Change applications and Conditional Use Permits. Seal Beach Colherlamt Adams & Associates, Im,. General Plan Update Program Jane 12, 2002 Appendix B Kunzman Associates Proposal (Circulation) Seal Beach Culbertson. Adams & Associates, fm:. General Plan Update Program Jane 11, 2002 KUNZMAN ASSOCIATES TRAN5PORTATION PLANNING - TRAFFIC ENGINEERING 1111 TOWN & COUNTRY ROAD, 5m 34 ORANGE, CA 92869 -4667 (714) 973 -8393 FAx: (714) 973 -8821 E-MAIL: MAIL ® TRATTIC-ENGILS£R.COM June 12, 2002 Ms. Diane Bathgate CULBERTSON, ADAMS & ASSOCIATES 85 Argonaut, Suite 220 Aliso Viejo, CA 92656 Dear Ms. Bathgate' INTRODUCTION The firm of Kunzman Associates is pleased to submit this proposed agreement to provide professional engineering services for a traffic analysis for the Circulation Element of the City of Seat Beach General Plan Review and Update & Local Coastal Plan. This proposal outlines a scope of work based on the information provided by you, and our understanding of the requirements of this traffic analysis. SCOPE OF WORK The traffic analysis will consist of preparing an objective report suitable for submission to the reviewing agency. The report -will be prepared in accordance with accepted professional transportation engineering standards. The final illustrated report will summarize the traffic analysis findings, methodology, and supportive data. Itwill quantify existing traffic conditions, traffic conditions upon project completion, and recommend mitigation measures. Specifically, the traffic analysis will consist of (1) reviewing the 1987 City General Plan Circulation Element; (2) conducting a field survey of the study area; (3) documenting existing traffic conditions; (4) obtaining Year 2025 traffic data from the OCTAM traffic model; (5) determining the Year 2025 traffic conditions; and (6) mitigating the circulation deficiencies. Mitigation measures will include roadway sizing recommendations, intersection controls, and special treatments such as left turn pockets and right turn lanes as might be required by the project. The traffic impact analysis will include calculation of intersection capacity utilization (ICU) at up to 20 study area intersections during the peak hours for existing conditions as well as for Year 2025 conditions based upon the OCTAM traffic model. Existing traffic data will be obtained from the recent EIR's completed for the Hellman Ranch project, Bixby Old Ranch Towne Center, and Boeing site. Kurtzman Associates will supplement the existing traffic data by completing up to 5 additional peak hour turning movement counts at the study area intersections. Existing daily traffic volumes will be determined based upon available recent 24 -hour tube counts completed for the City of Seal Beach and will be supplemented with up to 10 additional counts at study area locations. COPIES OF REPORT Three copies (two bound and one original) of the traffic analysis will be submitted: DRAFT COMMENTS This proposal does include response to one set of draft comments, whether the draft comments are verbal or written, once the report is submitted to the reviewing agency. Any changes that may be required after responding to the first set of draft comments will be charged in addition to the amounts contained in this proposal. MEETING ATTENDANCE This proposal includes one general orientation meeting if necessary for report discussion, and does include attendance at one General Plan workshop and two public hearings (Planning Commission and City Council) if necessary. The cost for attendance at additional meetings will be charged in accordance with Provisions 2 and 3 of the Standard Compensation Schedule. TIME SCHEDULE _ It is estimated that the traffic analysis will take approximately 20 working days to complete from the date of authorization, and date of receipt of data essential for the study. Additionally, any delays resulting from circumstances beyond our control such as, but not limited to, illness, equipment malfunction, weather, or employee departure, shall extend the time schedule. UALIFICATIONS Kunzman Associates is located in the City of Orange and specializes in transportation planning for governmental agencies and the business community. The firm has highly qualified personnel with experience throughout Southern California at the regional, local, and individual project level. The experience of the firm's personnel in transportation planning and traffic operations for new planned communities, as well as established areas provides the special skills necessary for determining imaginative, practical, and meaningful solutions to transportation problems. The firm was established in 1976 by William Kunzman, P.E., and since then the firm has completed approximately 1,500 transportation studies for over 300 different clients. Appendix A contains a description of the firm's capabilities, plus a listing of representative projects that have been undertaken. William Kunzman will be the Kunzman Associates' project manager and assure that manpower and material resources are allocated to complete the project on time and within the budget. His work experience includes employment by the Federal Highway Administration, the Counties of Los Angeles and Riverside, and the City of Irvine. His education includes completing undergraduate studies in engineering at University of California at Los Angeles (1967) and graduate studies in traffic engineering at Yale University (1968). His resume is included in Appendix A. Carl Ballard will be the primary person who will prepare the traffic analysis. Since 1986, his work experience includes site access evaluation, intersection capacity analysis, traffic forecasting, circulation planning, traffic impact studies, and transportation demand management plans. His education includes completing undergraduate studies in mathematics at California State University, Fullerton (1986). His resume is included in Appendix A. EXPERIENCE DIRECTLY RELEVANT Kunzman Associates has extensive experience in working with projects in the City of Seal Beach and Orange County. Kunzman Associates personnel have conducted numerous traffic impact analyses within the study area over the past 25 years. Similar projects completed by Kunzman Associates personnel include the City of Pico Rivera General Plan Circulation Element, City of Cathedral City General Plan Circulation Element, City of Ontario General Plan Circulation Element, City of Solano Beach General Plan, and City of Lake Elsinore General Plan Circulation Element. In addition, Kunzman Associates personnel have completed amendments to the County of Orange Master Plan of Arterial Highways (MPAH) for the City of Lake Forest Pacific Commerce Centre, City of Lake Forest Shea Baker Ranch, City of Lake Forest Foothill Ranch, City of Laguna Niguel Bear Brand Ranch, City of Rancho Santa Margarita, City of Irvine Westpark Village, City of Irvine University Towne Center Village, and City of Chino Hills Specific Plan, COMPENSATION The fee for the work outlined in this proposal shall be based upon personnel charges plus direct expenses as indicated in the Standard Compensation Schedule, a copy of which is attached and is incorporated into the Memorandum of Agreement in its entirety. However, in no case will the total fee for the specified services exceed $17,800 without prior approval from you or your authorized representative. The fee includes Kurtzman Associates maintaining broad form general liability insurance and workman compensation insurance; however, any other insurance required by the client shall be a reimbursable expense in addition to the total fee quoted. This letter can serve as a Memorandum of Agreement and our authorization to proceed. Please sign one copy and return it to us for our files. We are looking forward to serving you on this project. Respectfully submitted, KUNZMAN ASSOCIATES Carl Ballard Senior Associate #2569 CONTRACT APPROVAL Approved by: Title: Firm: Date: Place of Execution: STANDARD COMPENSATION SCHEDULE (Effective January, 1999) Classification Hourly Rate Principal $150.00 Senior Associate $125.00 Associate $100.00 Assistant $ 40.00 Technician $ 40.00 Secretary $ 40.00 General Provisions of Aomement 1. Travel, reproduction, and supply costs are billed at cost. 2. Hourly rates apply to work time as well as travel time and waiting time which occur at meetings, public hearings, depositions, or court testimony. 3. Statements will be submitted monthly for work in progress or upon completion of work. Statements are payable within 30 days of the statement date. Any invoice unpaid after 30 days shall be subject to a service charge of the maximum interest rate allowed by law or two percent per month, whichever is less. 4. Client hereby agrees that the balance in a billing statement is correct and binding unless the client notifies the consultant in writing within fifteen days of the data of billing and Informs consultant of the alleged incorrect hem. 5. All documents produced as a result of this agreement may be used by the consultant without consent from the client. fi. The consultant makes no warranty as to his findings except that the work is performed using generally accepted methods. 7. The consultant will format the report according to client Instructions at the beginning of the project, or In the absence of such the absence of such instructions, in a format chosen by the consultant and consistent with accepted professional transportation engineering studies. B. The consultant will produce an objective, professional report, and may not arrive at the findings desired by the client. 9. The client agrees to limit the consultant's liability to the Client, because of professional negljgent acts, errors, or omissions by the consultant, to the consultant's fee. 10. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitration may be entered In any court having jurisdiction thereof. 11 Where Kunxman initiates arbitration proceedings relating to this contract any resultant fees to process arbitration, such as filing fees and attorney fees, all shall be barns by the client. 12. if anyterm, condition, or provision of this Agreement is declared void, unenforceable, or limited in Its application or effect, such event shall not affect any other provisions hereof and all of the provisions shall remain fully enforceable_ Kunzman Associates APPENDIX A Statement of Qualifications KUNZMAN ASSOCIATES Traffic Engineering and Transportation Planning Kunzman Associates is a transportation planning and traffic engineering consulting firm providing professional expertise to both the public and private sectors. Since it's founding in 1976, the firm's goal has been to provide the best traffic and transportation engineering services available through highly qualified personnel. Kurtzman Associates uses a variety of techniques for analyzing traffic and transportation issues, including computer technology. The experience of the Firm's personnel in transportation planning and traffic operations for new planned communities, as well as established areas provides the special skills necessary for determining imaginative, practical, and meaningful solutions to transportation problems. Kunzman Associates offers responsive consultation by maintaining close and continuous communication with the client, while adhering to the project budget and schedule. Kurtzman Associates scale of operation and principal involvement enables the fine to easily step in and become part of any potential client's operation and/or consultant team. This project oriented approach enables us to provide each client with highly individualized attention regardless of the size or scope of the requirements. The principal and associates of the firm are actively involved In the day -to -day management of each project. They serve to compliment each other in their respective areas of expertise and are supported in their efforts by an experienced staff which enables the company to respond rapidly and contribute significantly to the success of a wide variety of projects. The Firm's capabilities and representative list of projects are detailed on the following pages. Kunzman Associates CAPABILITIES RAFFIC IMPACT ANALYSIS Planned Residential Developments Industrial Parks Office Parks Regional, Community, and Neighborhood Commercial Centers Recreation Oriented Facilities Redevelopment Projects Specific Plans TRANSPORTATION PLANNING Traffic Projections for Proposed Development Transportation Plans for New Developments General Plan Amendments and Zone Changes Site Circulation Studies Transportation Management Plans General Plan Circulation Elements Transit Development Plans TRAFFIC OPERATIONS AND DESIGN Areewide Traffic Improvement Programs Congestlon Reduction Plans Channel'Ization and Roadway Design Traffic Signals and Other Control Applications Site Ingress/Egress Plans Analysis and Correction of Roadway Deficiencies SAFETY Pedestrian and Bicycle Safety Studies School Safety Studies Nigh Accident Location Studies Speed Zone Studies PARKINC Joint Parking Usage Studies Parking Facility Planning and Operation Studies Parking Management Programs COMPUTER APPLICATIONS Highway Capacity Manuel Delay Methodology Intersection Capacity Utilization Traffic Generation, Distribution and Assignment Muhl -Model Splits - Vehicle, Bicycie, Pedestrian Comprehensive Transportation Modeling Data Applications Traffic Signal Time -Space Diagrams Kunzman Associates GOVERNMENT AGENCY REPORTS Chino Hills Specific Plan Circulation Study - An areawde traffic analysis of this 15,700 acre, 40.000 dwelling unit project's impacts on the circulation system, including recommendations and phasing of several major roadway facTales an and off -site. Soka University of America Traffic Analysis- Analysis of a 2,500 student university within Planning Area 4 of the Aliso Viejo Planned Community (AVPC). Ca a1 Irvine Circulation Phasing Traffic Study - The Identification and phasing of roadway Capital Improvement Projects in concert with all residential development throughout the City. nmerr, ! < feral Plan Circulation Element - Traffic analysis of and updating of the Circulation Element of the Ontario Generel Plan for the City of Ontario. Untversav of Caldomia Ri erslde Student Recreation Center Traffic Analysis - A traffic analysis of the multFphase development of a special events center for regional and local events within the eAsting campus in the County of Riverside. Harvard Avenue Traffic Study - A report analyzing the traffic impact of constructing the Harvard Avenue link over the San Dkgo (1-405) Freeway in the City of Irvine. City of La Veme Hillside - Tieffic analysis of the overall hillside area including analysis of eusling traffic constraints and recommendation of additional roadway access to the hillside area. I Business Complex (IBC) Proiad Phas' p A Iv-is Main Street CMhidpf - An analysis to determine the timing of roadway improvements along Main Street based on the phasing of 15 commercial office developments within the Irvine Business Complex Plano Trab w Transit Development Plan - The definition of accommodations for public transportation which can be incorporated in the design of the Piano Trabuco Planned Community. This plan represents the first program for public transit adopted by the County of Orange before a community has been built. of Pko Rivera General Plan Update Tre}fic Impact Analysis - Fasting and future traffic analysis for recommended land use changes within the City of Pico Rivera. RP os Angeles HAD II Fadl'M Traffic Imoad Analysis - A comprehensive traffic Impact analysis for a 350,000 square foot facility w", the Cay of Rialto. This report proves project mitigation and a cost summary for future traffic conditions. gAtFM.nr rrnv Circniaaon Element - The determination of a citywide plan of streets and highways based upon traffic projections for a range of land use intensities at buildout of the General Plan, Including roadway classifications, future traffic signal locations, roadway standards and development guidelines. Bu na Park Community Hospital Traffic Study - Traffic impact and access analysis for an emergency room addition and on -sae medical offices. Xunzman Associates GOVERNMENT AGENCY REPORTS (Continued) City of Cerritos Traffic Speed Analysis - Survey and analysis of existing roadway characteristics, speed characteristics, and traffic accidents for 76 roadway segments to determine recommended speed limits based on the applicable sections in the California Vehicle Code. South Poway Planned Community Traf i; Study - Evaluation of horizon year traffic forecasts and - select zone assignment' volumes for 46 roadway segments and five circulation alternatives from the SANDAG Route 125 North Location Analysis. Naval Weapons Station (NWS) Seat Beach Encroachment Study - A transportation analysis of encroachment issues forthe NWS Seal Beach and "Corona and Fallbrook satellite sites. SCRTD Union Station Headauarters Buildina Pedestrian Activity Analysis - Summary analysis of pedestrian traffic expected at the project, facilities serving pedestrian activity, the distribution of pedestrians into and within the building, and an analysis of the facility capacities and quality of operation during peak pedestrian activity periods In the Central City north section of downtown Los Angeles. Boron Correctional Facility Traffic Analysis - An evaluation of an approximately 54 acre site with a proposed 550 bed correctional facility within Kern County. Employee shifts and visitor activity for weekday and weekend conditions were analyzed. City of Bell Gardens Pedestrian Safety Study - An evaluation of the pedestrian needs within the entire city, InGudfng pedestrian accident analysis and recommendations for signs, traffic signals, pavement legends, and other mitigation measures. Garden Grove Community Rede looment Protect Traffic Study - A comprehensive circulation study and traffic impact analysb aF all redevelopment activities within the City of Garden Grove. Traffic Impact Analysis of the Adolfo Road Exlension - An analysis of the existing and future traffic conditions with and wariout the Adolfo Road connection, the Temple Avenue connection, and the Los Poses Road connection across the railroad in the City of Camarillo. Oerden Grove Master Envimnme tal Assessment - A citywide traffic analysis to determine efdsling Grculatfon deficiencies as well as to determine critical corridors where additional traffic can be expected to lead to additional congestion. r`M1V of Palm Desert General Plan Amendment - Traffic analysis of a General Plan Amendment to provide improved circulation for more intensified land uses. Avocado Couolat Tretfc Analysis - Evaluation of fide alternative designs for the Avocado- in the Newport Center area of Newport Beach. Fruttvale School L!MW Adminstr atlonNahlcle Maintenance FeGiav Traffic Study - Evaluation of office, vehicle maintenance and warehouse facilities within the Bakersfield area of Kern County. Kunzman Associates BUSINESS COMMUNITY PROJECTS Rancho Santa Maroarlta Traffic Analysis - An analysis of this 40,000 acre tract of land. The largest Specific Plan within the Plano Trabuco which will have 13,000 homes and employment for 20,000 people in South Orange County. Foothill Ranch Transport ttlon Studs - Traffic analysis of 4,200 acres of residential and industrial uses in South Orange County. Ontario International Centre Traffic Analysts - Traffic analysis of 1,150 acres of regional shopping center, office and residential uses in the City of Ontario. University Town Center Traffic Studv An analysts of the traffic impacts associated with commercial and office development as well as mullFlamily and elderly housing residential units in the City of Irvine. - Coto de Caza Traffic Studies - Several studies encompassing various elements of future growth as well as the overall circulation needs of this residential resort community in unincorporated Orange County. Cactus Corridor Specific Plan Traffic Study - A traffic Impact analysis of a proposed mix of residential, office, and commercial development with the City of Moreno Valley. Century Centre Traffic Studs - An analysis of access and cumulative traffic impacts for two 12- story office buildings, three 8 -story office buildings, a 400 room hotel, and two restaurants in the Irvine Business Complex Fluor Corporation E mansion Traffic Analysis - Traffic impact analysis of a 382,000 square foot addition to the wdsling Fluor Corporation facility in the City of Irvine. PacTel Office Building Traffic Studs - A traffic study of a ten story building and a seven level parking structure with 985 parking stalls in the City of Santa Ana. Kell000 Plaza Traffic Analysis - Traffic analysis of a 1.5 million square foot office complex in the Pomona area. Lakeridge Estates Traffic Studs - A traffic constraints analysis and impact assessment ori'a 1,700 acre residential site near Lake Mathews In Riverside County. Murano Valley Ranch Traffic Studs - Traffic Impact analysis of a 3,958 acre project site to be developed with 13,118 dwelling units, 52 acres of commercial, 115 acres of Institutional (school, civic center, and fire station uses), 223 acres of park and recreation uses, and 28 acres of Industrial uses, 28 acres of industrial uses, and 55 acres of lakes. Blue Jay Villaoe Traffic Studs - An access study and traffic analysis of the four phases of this 35 acre commercial project with retail stores and offices, restaurants, recreation uses, and lodging along Route 189 in the Lake Arrowhead area Kunzman Associates BUSINESS COMMUNITY PROJECTS (Continued) CloveWale /Jones PlanneLgommunllY Traffic d - Evaluation of circulation requirements for each phase of a 939 acre protect consisting of 878 dwelling units In the East Valley annexation area of the City of Escondido including an wdensive evaluation of project traffic contributions to aft -sae roadways. Southern Pacific Business Park Traffic Study - Traffic impact analysis for a 450 acre project with commercial, Industrial, professional office and residential uses to be developed in two phases in the City of Fontana. La Mirada Metrocenler Traffic Analysis - A report analyzing the traffic impacts for a commercial retail development in the City of La Mirada within Los Angeles County. Lao na Niguel Planned Community Traffic Analysis - Traffic analysis of 5,700 acres of residential, Industrial, commercial, tourist, and open space uses in South Orange County. _ Seneca Sorinos Spec Plan Traffic Studs - A traffic impact analysis for an approximately 295 acre site proposed for single - family and mufti- family residential, commercial retail and day care uses in the City of Beaumont. Northwood Commercial Access and Internal Circulation Study - An analysis of access and internal circulation requirements to ensure adequate demand capture rates In the City of IMne. Shell Oil Wilmington Manufacturing Complex Modernization Prolect Traffic Analysis - An evaluation of the short tens construction impacts and long term operational Impacts on automobile, truck, and rail traffic associated with an oil refinery modernization project In the City of Carson. - Santa Fe Sarinas Industrial Park Traffic Studs - A traffic impact analysis focusing on truck traffic and pedestrian safety for an 11.5 acre light manufacturing industrial park. Santa Ana Valley Imeatlon (SAVD Ranch Traffic Studs - An assessment of industrial, office, and commercial land uses served by a new grade - separated interchange on Weir Canyon Road. Traffic Constraints Analysis of the Hawn Parcel Moblle Home Planned Community - An assessment of the 400 acre site with approximately 1,500 moble home lots, three 9 -hole golf courses, commercial development, and a recreational vehicle park within the Thousand Palms area of the Coachella Valley, Exsecugve Pade Office Buldina Traffic Studs - A detailed traffic engineering study addressing access, traffic signal warrants, a time -space diagram, and the impacts on the surrounding street network for a large project located at Main and MacArthur in Irvine. Lenwood Ranch Traffic Studs - Traffic analysis of 1,440 acres involNng retirement community residential, retail commercial and industrial park uses In the Barstow area of San Bernardino County. Kunzman Associates EXAMPLE6 OF LARGE PROJECTS City f IrvinefThe Irvine Comoan The Irvine Company owns approAmalely two- thirds of the land in the City of Irvine, and as such there is a close working relationship between the City and Company. The CRY currently has a population of appm)dmately 250,000. Additionally, there are major concentrations of employment and commercial activity in the City. The firm of Kunzman Associates was retained by the City and Company to construct a computerized model to monitor roadway phasing needs by year for a 10 year horizon. The tool used is a computer program developed by Kurtzman Associates called ROADPLAN_ Traffic studies have been prepared by Kunzman Associates for many large -scale developments in the City of Irvine. The Village 14 (Westpark) Traffic Study analyzed the traffic impacts Tor venous project phases of the 633 acre site which Includes up to 6,400 dwelling units, the City of Irvine Civic Center, 99 acres of commercial uses, 33 acres of offices, and a community park. The analysis is the most thorough traffic study prepared for a Village in the City of Irvine, and may be the most thorough study of intersection Impacts for a project of similar size anywhere. Rancho Mission VietolSanta Maroarita Company The two largest land owners in Orange County are The Irvine Company and Rancho Mission Viejo. The Irvine Company owns 68,000 acres covering parts of the cities of Irvine, Newport Beach, Costa Mesa, Tustin, Santa Ana, and Laguna Beach, as well as county territory. Rancho Mission Viejo owns 40,000 acres, virtually all of which are In the County of Orange jurisdiction. The firm of Kunzman Associates was retained exclusively by Rancho Mission Viejo to do their transportation planning. The ranch has been divided into several developable parcels, three of which have had in -depth transportation studies for Specific Plans_ The three parcels combined have approxdmalely 20,000 homes and have employment of approAmalely 20,000. The largest parcel, Plano Trabuco, has 13,000 homes and 20,000 employment. The ROADPLAN computer program was used to analysis these three developments simultaneously. In addition to analyzing traffic demands and recommending roadway sizing and intersection control sufficient to accommodate the expected future traffic demand, the Rancho Mission Viejo studies also involved substantial analysis of roadway geometric design standards, design of pedestrian and bicycle trails, and transit routes within the Plano Trabuco parcel. As part of the Rancho Mission Viejo study, funding of transportation facilities Is a major concern. The firm of Kunzman Associates has been Involved in determining alternative financing mechanisms and revenue potential. Kunzman Associates was a member of a design team which took the land from raw agricultural land to the urban communities that are now being built. Kunzman Associates EXAMPLES OF LARGE PROJECTS Continued) Chino Hills Specific Plan Chino Hills consists Of approximately 18,278 acres (28 square miles) with more than 150 landowners. it will eventually have approximately 40,000 dwellings, large amounts of commercial development including a regional shopping center, and substantial office land use. it is the largest Specific Plan ever created in California. The firm of Kunzman Associates was retained along with a planning firm, civil engineer, and environmental consultant to prepare the Specific Plan. Approzmalely 30 traffic zones were used and approximately 30 intersections for several different altemaliw land use plans and roadway circulation systems were analyzed. For each of the 30 intersections, future morning and evening peak hour turning movement traffic volumes were estimated, and intersection lane geometncs were determined which would accommodate the projected volumes using program ROADPLAN. Iffomia Oaks The firm of Kunzman Associates conducted a traffic analysis for the project site located in Riverside County between the junction of the 1 -15 Freeway and 1 -215 Freeway. The 2,000 acre Project she is to be developed with residential and general commercial land uses. In terms of acreage, the residential uses are a total of approximately 1,300 acres. The project Includes several types of residential uses at varying densities within the she. Commercial uses include both a village core commercial area and a neighborhood shopping center in addition to office and business commercial land uses. Employment is included in the office and business commercial uses and an Industrial area, in addition to the retail commercial uses. Community uses Include a lake and park, 18 ayes of public service uses and 315 acres of open space. North Orange County Landfill and Altemative Technologies Study (NOCLATS) This report contained the traffic impact analysis conducted by Kunzman Associates for me following potential landfill sites In North Orange County: 1) Olinda/Olinda -Alpha She (eopansion of existing Brea- Olinda Landfill); 2) Gypsum Canyon She; 3) Blind Canyon She; and 4) West Fremont Canyon She. The existing landfill operation and traffic generation data was provided by the County of Orange's Integrated Waste Management Department and was used to evaluate future changes in traffic volumes and patterns. Furthermore, the Brea Transportation Analysis Model (BTAM) and Orange County Traffic Analysis Model (OCTAM) projections were used to analyze peak hour turning movement volumes at key inlersectlans. Roadway vehicle weight limitations. street widths, future roadway widenings and congestion points were analyzed within the traffic study. Traffic entering by time of day for each day of the week and percentage traffic in each hour whh respect to the daily total were categorized within the traffic study. Kunzman Associates COMPUTER CAPABILITIES Kunzman Associates has a wide range of computer capabilities. Virtually every traffic calculation is computerized, In order to benefit our clients with efficiency and faster response times. William Kunzman, P.E. has taught a programming language at California State University at Fullerton, has used the Federal Highway Administration's battery of transportation planning programs, and has written more than thirty transportation programs. Some of those programs are described below: 1. The program ROADPLAN generates traffic, distributes and assigns the traffic to specific roadways, determines the volume to capacity relationships, and determines intersection level of service based upon the Intersection Capacity Utilization (ICU) methodology and HCM Delay methodology. 2. A program which produces optimum traffic signal timing along a given roadway segment and graphically displays a traffic signal Time-Space diagram for up to 35 intersections along a street. This program tests multiple combinations of cycle length and progression speed and produces a Time -Space diagram for each as wall as a detailed timing chart showing off -sets, and time available for lead or lag fell turn arrows. 3. A program which calculates total parking demand for the weekday and weekend on an hour by hour basis for a commarcal parcel with multiple land uses, accounting for parking overlap as recommended in the Urban Land Institute publication entitled "Shared Parking ". 4. A program that produces an "S" curve plot of radar speed survey data. 5. A program to determine a five modal split - vehicle, pedeslnan, bicycle, tram and regional transit. 6. A program to determine volume factors from a file of traffic volumes. 7. A statistical package including regression analysis, corelatlon analysis, and X -Y plots of data. e, A program which synthesizes intersection peak hour turning movement volumes from daily volumes, including peak to.daYy relationships. 9. A program which adheres to Southern California Association of Governments (SCAG) methodology of converting future peak period data to future intersection peak hour turning movement volumes utilizing eAsting volume relationships and computer generated estimates of future peak period leg volumes. 10. A fair share cost allocation program for freeway Improvements needed for future traffic based upon computer modeling data. 11. A program which graphically displays an intersection's turning movement volumes where the width of the turning movement arrow is in proportion to the volume being served. Kunzman Associates REFERENCES County Agencies: County of Orange City of Corona City of Palmdale Mr. Grant Anderson Mr. Russell Gross Mr. Tom Home Mr. Ignacio Ochoa Mr. John Licata (661) 267 -5311 (714) 834 -5034 (909) 736 -2472 City of Pico Rivera County of Riverside City of Downey Ms. Bobbl Burget Mr. Juan Perez Mr. Ron Woahlki Mr, David Hertzing Ms. Susan Vombaur Mr. Mark Sellhelm (582) 942 -2000 Ms. Joan Mavima (582) 904 -7154 (909) 9555761 City of City of Fullerton Rancho Cucamonga County of San Mr Mark Miller Mr. Jon Gillespie Bernardino (714) 7386330 (909) 477 -2740 Mr. Jacob Sable* Mr. Gary Kuhlman City of Garden Grove City of Redlands (909) 387.8186 Mr. George Allen Mr. Ron Mutter (714) 741 -5190 (909) 798 -7655 Orange County Transportation Authority City of Irvine City of Rialto Mr, Kia Mortazazi Mr. John Harris Mr. Mike Story Mr. Glen Campbell (949) 724 -7508 (909) 421 -7205 (714) 580 -6282 City of Lake Forest City of Riverside San Bernardino Ms. Gayle Ackerman Mr. Fran Dune)ski Associated Governments Mr. Bob Woodings Mr. Steve Whyld Mr. Robert Wirts (949) 461-3400 (909) 55265312 Mr. Ty Schuiling (909) 884 -8276 City of La Veme City of San Clemente Ms. Linda Christianson Mr. Akram Hindlyeh City Agencies: (909) 598 -8706 (949) 361 -8200 City of Moran. Valley City of Temecula City of Anaheim Mr. Craig Nausteedter Mr. Ali Moghedam Mr. John Lower Me _ Jane Williams Mr. Jerry Gonzales - - Mr. Alfred Velda (909) 413.3140 (909) 8945411 (714) 765 -5183 City of Newport Beach City of VICtONIne City of Banning Mr. Rich Edmonston Mr. John McGlade Mr. Kahond Oei Ms. Pat Temple Mr. George Parmenter (909) 922 -3130 (949)844 -3309 (760) 955 -5158 City of Brea City of Ontario City of Westminster Mr. Warren Blacks Mr. Bruce Smith Mr, Peter MacPrang (714) 990 -7742 (909) 395 -2000 (714) 898 -3311 Kurtzman Associates WILLIAM KUNZMAN, P. E., PRINCIPAL Kurtzman Associates 1111 Town S Country Road, Suite 34 Orange, CA 92868 (714) 973-8363 FAX (714) 973 -8821 William Kunzman has worked professionally In traffic engineering and transportation planning since 1988 In both the public and private sectors. He is an Expert Witness in Traffic Engineering Involving highway accidents. TECHNICAL EXPERTISE Traffic engineer expert regarding motor vehicle accidents (automobile, truck, bus, pedestrian, bicycle, motorcycle). Knowledge of governmental agency procedures, design, geometrics, signs, traffic controls, perking, and maintenance. EDUCATION Undergraduate Work: Bachelor of Science Degree In Engineering (1967), University of California at Los Angeles, School of Engineering (September, 1963 to June, 1967) Post Graduate Work. One Year (10 classes) Certificate in Traffic Engineering (1968), Yale University, Bureau of Highway Traffic (September, 1967 to June, 1968) Federal Highway Administration: 18 Month Highway Engineering Training Program, (1970) Guest Lecturer: University of California at Irvine (1075) Class Instructor: California State University at Fullerton (1976) REGISTRATION Registered Professional Traffic Engineer In the State of California, TE0066 since 1975. WORK EXPERIENCE 1. County of Los Angeles, Assistant Traffic Engineer (1967) 2. Wilbur Smith and Associates, Assistant Traffic Engineer (1968) 3. Federal Highway Administration, Office of Policy Planning (1969 - 1972) Worked In Oregon, Illinois, Pennsylvania, and Washington, D.C. Prepared Highway Needs Study which was presented to Congress 4. County of Riverside, Assistant Traffic Engineer (1972 - 1973) 5. Lampmen Associates, Traffic Engineer Associate (1973 - 1974) 6. City of Irvine, Transportation Planning Engineer (1974 - 1975) 7, Weston Pringle and Associates, Traffic Engineer Associate (1975 - 1976) 0. Self Employment (1976 to Present) Kunzman Associates William Kunzman, P.E. a;a_ HONORS AND AWARDS 1. Received fellowship and living stipend to attend Yale University from the Insurance Institute for Highway Safety, 1967 -1968 2. Elected Class President of Yale University Bureau of Highway Tragic, 1967 3. Recipient of the 1978 Institute of Transportation Engineers Past Presidents' Award. This is the most prestigious award granted by the Institute of Transportation Engineers to persons 35 years old or younger. It is given annually to one person on a world wide basis 4. Recipient of the 1979 Institute of Transportation Engineers. Southern California Section, Young Traffic Engineer of the Year Award PROFESSIONAL PUBLICATIONS 1. "Irradiation and Halation', Traffic Engineering Magazine, December, 1966. 2. "Accuracy of Computer Program SMD02R, Stepwise Regression" Highway Planning Technical Report Number 17, Federal Highway Administration, Washington, D.C., April, 1970. 1 "A Simplified Procedure to Determine Factors for Converting Volume Counts to ADT's', Traffic Engineering Magazine, October, 1976, 4. "Annual Vehicle Miles Traveled per Family as a Function of Primary Wage Earners Work Trip Mileage ", Institute of Transportation Engineers Technical Notes, March, 1978. 5. "Another Look at Signalized Intersection Capacity", ITE Journal, August, 1978. This article was submitted in competition for the 1978 Institute of Transportation Engineers Past President Award and won the award. 6. "Urban Development and Circulation Systems - A Critical Balance ", ITE Compendium of Technical Papers, August, 1980. PROFESSIONAL MEMBERSHIPS 1. Institute of Transportation Engineers - ITE Qoined in 1967) 2. American Society of Civil Engineers -ASCE joined in 1971) 3. Yale University Bureau of Highway Traffic Alumni Association (joined in 19721 4. Forensic Consultants Association 5. Institute of Transportation Engineers Expert Witness Council 6. Orange County Traffic Engineering Council - OCTEC Kunzman Associates CARL BALLARD, SENIOR ASSOCIATE Kunzman Associates 1111 Town & Country Road, Suite 34 Orange, CA 92868 (714)973.83a3 FAX (714) 973 -8821 Carl Ballard has been professionally involved in transportation planning and traffic engineering since 1986 and has completed numerous traffic studies in the states of Callfomla, Nevada and Colorado. TECHNICAL EXPERTISE Carl Ballard Is Involved in many aspects cf the profession, including: site access evaluation, intersection capacity analysis, traffic forecasting, circulation planning, traffic impact studies, and transportation demand management plans. Transportation projects completed range from focused site specific traffic studies to areawide circulation studies. He has written many traffic studies within Orange, Loa Angeles, Riverside, San Bernardino and San Diego Counties. He has managed and performed the technical efforts for general plan circulation elements, redevelopment plans, specific plans and environmental impact reports for public and private clients, EDUCATION California State University, Fullerton: B.A., Mathematics, with emphasis in Probability and Statistics, 1986. University of California Institute of Transportation Studies: Certificate, Fundamentals of Traffic Engineenn9, 1984. Institute of Transportation Engineers Professional Development Seminar. Certificate, Site Impact Traffic Evaluation, 1987. - California State University, Fullerton, University Extended Education Services: Certificate. Transportation Demand Management, 1992. 1. Kunzman Associates, Engineer Technician (19B2-1986) 2. Kunzman Associates, Associate (19861990) 3. RKJK B Associates, Inc, Senior Asaociate/Panner(1990 -2000) 4. Urban Crossroads, Inc., Associate PrincipaUPertner(2000 -2001) - -' & Kunzman Associates, Senior Associate (2001 to Present) PROFESSIONAL MEMBERSHIPS 1. Institute of Transportation Engineers - ITE 2. American Planning Association -APA 3. Association of Environmental Professionals -AEP 4. Orange County Traffic Engineering Council - OCTEC KUnzman Associates ROBERT KUNZMAN ENGINEERING ASSISTANT Kunzman Associates 1111 Town 8 Country Road, Suite 34 Orange, CA 92858 (714) 973 -8383 FAX (714) 973 -8821 Robert Kurtzman has provided engineering technical support for traffic impact analysis and parking reports in Los Angeles, Orange, Riverside, and San Bernardino Counties. Robert Kurtzman's familiarity with general traffic engineering methodologies and procedures is based upon work In the public and private sectors. TECHNICAL EXPERTISE Robert Kunzmen is involved in many aspects of the profession, including technical support for traffic impact analysis reports, statistical analysis and tabulation of traffic surveys, and field support for numerous residential, commercial, industrial and government - related transportation studies. In addition, Robed Kurtzman has direct experience with the marketing aspects of small companies and support in all office functions_ Robert Kunzmen has been involved in the preparation of numerous traffic studies, including the following exemplary projects: • Prologis Traffic Impact Analysis (Redlands) • Polhill Ranch Traffic Impact Analysis (Celimeea) • Bird Farm Elementary School Sight Distance Analysis (Chino Hills) • North Rialto Land Traffic Shares Analysis (Rialto) • Quail Pointe Trip Generation Analysis (Moreno Valley) • Antelope Road/Dawson Road Alignment Study (Riverside County) • Arbours Office Complex Perking Study (Rancho Santa Margarita) Ontario Legacy Development Traffic Impact Analysis (Ontario) Sun City Senior Apartment Project Traffic Imppct Analysis (Riverside County) • Los Alisos and Los Robles Mobile Home Parks Traffic Impact Analysis (Westminster) COMPUTER CAPABILITIES Robert Kunzman has experence in the use of TRAFFIX activists, for intersection analysis, the use of ROADPLAN software for ICU and Delay analysis, ULI shared parking spreadsheets, traffic signal progression analysis utilizing the SigProg program, the AutoCAD program for transportation study documentation, and the use of MSWORD and MSEXCEL in the preparation of fairshare cost allocations. WORK EXPERIENCE - 1. Kurtzman Associates, Engineering Technician (1998 to 2081) 2, Kurtzman Associates, Engineering Assistant (2002 to Present) PROFESSIONAL MEMBERSHIPS 1. Institute of Transportation Engineers - ITE 2. Orange County Traffic Engineering Council - OCTEC 3. American Planning Asaociauon -APA Kunzman Associates JORGE MORA, ENGINEERING TECHNICIAN Kunzman Associates 1111 Town 6 Country Road, Suite 34 Orange, CA 92888 (714) 973 -8383 FAX (714) 973.8521 Jorge Mora's experience includes technical support for traffic impact analysis and parking reports for projects. Jorge Mora's use of general traffic engineering methodologies has been applied to projects within the Counties of Las Angeles, Orange, Riverside, and San Bernardino. Jorge More has assisted in the preparation of numerous transportation planning studies within the public and private sectors. TECHNICAL EXPERTISE Jorge Mora has expertise in management of data collection and tabulation, field inventory of small and large projects, coordination of sub- consuhents for survey use, preparation of data for use within reports, and development of database materials for marketing. In addition, Jorge More has direct experience in small company office functions, including use on spreadsheet and editing tools to manage inventory and provide coordination between management levels. Jorge Mora has been involved in the preparation of the following example projects: • Thousand Palms Commercial Traffic Analysis (Riverside County) Anaheim Hills Postal Station Traffic Analysis (US Postal Service) Big Beer Fawnskin Residential Traffic Impact Analysis (San Bernardino County) • Alessandro Baptist Church Circulation and Access Study (Riverside) • Mormon Temple Traffic Impact Analysis (Redlands) • Forecast Homes Apartment Traffic Impact Analysis (Rancho Cucamonga) • Lexington Hills Circulation Analysis (Ventura County) Wyle Laboratories Testing Facility Traffic Analysis (Beaumont) • Garden Grove Light Industrial Parking Study (Garden Grove) • Jacinto Construction Yard Traffic Analysis (San Bernardino County) • Blola University Master Plan Traffic Analysis (La Mirada) COMPUTER CAPABILITIES Jorge Mora has utilized the TRAFFIX software in the development of Highway Capacity Manuel (HCM) delay calculations, ROADPLAN software for Intersection Capacity Utilization (ICU) calculations, MSWORD and MSEXCEL, an AutoCAD program for development of graphics within traffic and parking studies, and ULI shared parking spreadsheets. Kurtzman Associates, Engineering Technician (2000 to Present) PROFESSIONAL MEMBERSHIPS Institute of Transportation Engineers — ITE Orange County Traffic Engineering Council— OCTEC Association of Environmental Professionals — AEP Kunzman Associates Appendix C Mestre Greve Associates Proposal (Noise) Sea! Beach Culbertson, Ad.. & Associates. Inc. General Plan Update Program June /2. 2002 Mestre Greve Associates June 10, 2002 Ms. Diane Bathgate Culbertson Adams Associates, Inc. 85 Argonaut, Suite 220 Aliso Viejo, CA 92656 Subject: Proposal for Noise Element Update for the City of Seal Beach Dear Diane: Thank you for the opportunity to bid on the City of Seal Beach Noise Element Update. We are proposing to prepare the Technical Appendix to the Noise Element. Essentially our work will contain the information necessary for your firm to prepare or update the existing Noise Element. Background and Noise Element Experience Mestre Greve Associates, a professional engineering firm, was incorporated in 1981 in Newport Beach, California. There are currently eleven employees on staff. In addition to the two Principals who are Registered Professional Engineers, the firm has two Associates, one Senior Engineer, four Technicians including a GIS specialist, and two administrative and clerical staff members. For over twenty years, the focus of the company has been on engineering solutions to community noise, airport noise, and air quality problems. Mestre Greve Associates is committed to improving quality of life by providing its clients with the means to ensure that noise and au quality levels me within acceptable community limits. To do this Mestre Greve Associates provides a unique combination of professional consulting services and engineering support to its clients. The noise control engineering services provided by the firm include community noise studies, noise barrier design, assessments for Environmental Impact Reports, industrial noise control, and vibration and dynamic analyses. All noise control studies involve analyzing or projecting the noise levels generated by a source, determining the level of reduction desired, and finally engineering a solution to achieve the 280 Newport Center Drive, Suite 230 • Newport Beach, CA 92660 • (939) 760 -0891 • Fax (949) 760 -1928 City of Seal Beach Noise Element Update Page 2 criterion levels. Our experience and technical capabilities form a strong foundation upon which policies to minimize noise and land -use conflicts can be developed. In addition to hundreds of Southern California projects, Mestre Greve Associates has successfully completed noise and air quality studies throughout the United States, Canada and the Far East. The firm has performed assessments of airport noise, ground transportation system improvements, residential and commercial developments, and the development of General Plan Noise Elements for numerous clients. Air quality analyses have also been conducted for a wide range of projects: from large planned communities, highways and airports to odor assessments and small housing tracts. Our extensive work experience includes both private and public sector clients, providing us with a unique perspective. This perspective allows us to analyze and develop mitigation options that are reasonable to the private sector, while maintaining consistency with public sector regulations and noise and air quality management plans. Furthermore, our in-house computing capabilities and considerable inventory of noise and air quality monitoring equipment ensures that our assessments are reliable, repeatable, and prepared in a timely manner. Mestre Greve Associates is proud of its reputation for meeting deadlines and completing projects on schedule and at the proposed cost. Mestre Greve Associates has been involved with the preparation of or the update to the Noise Elements for the General Plan for the following Cities: City of Alhambra City of South Gate City of Cypress City of San Jacinto City of Coachella City of Inglewood City of Glendora .City of Highland City of Yorba Linda City of Corona City of Sonoma City of San Dimas City of Moorpark City of Dana Point City of Rosemead City of Manhattan Beach City of Simi Valley City of Vernon City of Solvang City of Stanton City of Orange City of Oxnard City of Santa Monica City of Hesperia City of Redlands City of Apple Valley City of Culver City City of Fountain Valley City of Palm Springs City of Victorville City of El Segundo City of Lake Elsinore City of Commerce City of Solaro Beach City of Irvine City of Montebello City of Mission-Viejo City of Chino City of Lynwood City of Lake Elsinore City of Newport Beach Policy components of the programs included the development of goals, policies, and implementation programs including both the development of noise control programs and revision/update of the noise ordinance. Technical components of the program included a comprehensive noise measurement survey of existing noise sources and a computer modeling assessment of both the existing and future environment and presenting these results in the form of city noise contours. Sources of noise within these communities that were modeled included City of Seal Beach Noise Element Update Page 3 freeways, arterial roadways, railroads, civilian and military airports, helicopter operations, industrial and commercial centers and recreational activities. Approach The basic objective of the Proposed Work Program is to provide the City of Seal Beach with a comprehensive Technical Appendix to the Noise Element which represents the state of the art in noise measurement and noise contour development, and which provides a solid planning basis for inclusion of noise control in the land use planning process. An approach we favor in developing a Noise Element is the integration of noise control considerations into the land use planning process. The result being the establishment of a set of recommendations for both short- and long -range accomplishments. Particular and specific emphasis can and should be placed on individual area needs as dictated by the issues specific to your city. The Noise Element should be well- founded, technically sound, well conceived and well- documented. Based on our understanding of the goals of the City of Seal Beach with respect to the preparation of the Noise Element, there are several general objectives which are included here as a means of presenting our approach to the preparation of the technical appendix. The following paragraphs illustrate the objectives of the noise element and provide an indication of how the noise element should be integrated into the planning process. First, the Noise Element must present an accurate depiction of the existing and future noise environments. The existing environment is depicted based on an identification of noise sources and noise sensitive land uses within the city, a community noise measurement survey and noise contour maps. Based upon future land use trends and projected growth within the community, the future noise environment is also determined. Second, the technical appendix will present options to provide for the reduction of noise where the noise environment has been determined to be unacceptable. Effective strategies to reduce the influence of noise will be developed. Third, the Noise Element must provide for programs to protect and maintain those areas identified as having acceptable noise environments. Fourth, the Element must provide sufficient information concerning the community noise levels so that noise can be objectively considered in land use planning decisions. An evaluation will be made of City of Seal Beach noise standards that are currently used for land use planning and project design purposes. Modifications to the current standards and criteria will be suggested where appropriate. Fifth, comprehensive documentation of the technical appendix of the Noise Element is an important aspect of the study. it is particularly important to be able to communicate the ideas, thoughts, findings and recommendations of the project in a clear and concise manner. City of Seal Beach Noise Element Update Page 4 Scope of Work The following section provide a detailed description of the scope of work proposed by Mestre Greve Associates. The Work Program is desisned to provide a complete technical appendix to the City of Seal Beach. The work effort will result in not only updating the noise contours for the City, but also evaluating the implications of the projected contours, suggestions for policies and standards, and implementation guidelines for applying the standards. TASK I- INVENTORY CURRENT CONDITIONS Task 1 has been divided into three subtask areas. The goals of Task I are to identify noise concerns in the City, determine primary noise sources, and identify noise sensitive receptors. Subtask 1.1 - Identify Community Noise Concerns. An initial kick -off meeting will be held to assess City staff concerns regarding community noise in the City of Seal Beach. This meeting may also be used to define working relationships with the City of Seal Beach and to refine the scope of work. The meeting will also be useful in identifying the location of major offending noise sources, the location of noise sensitive areas, and the degree of severity of noise problems in the community. The consultant will devote special research into the type and frequency of noise complaints received by the City. We recognize that every community has a unique noise environment. At this point preliminary noise goals for the City will be discussed. Subtask 1.2 - Identify Primary Sources of Noise. The most common sources of noise in urban areas are transportation related noise sources. These include automobiles, trucks, motorcycles, railroads, and aircraft. Motor vehicle noise is of concern because it is characterized by a high number of individual events, which often create a sustained noise levels, and its proximity to areas sensitive to noise exposure. With the assistance of City Staff the consultant, team will identify noise sources which are of unique concern to the City of Seal Beach. Subtask 13 - Identify Noise Sensitive Receptors. To completely assess the noise environment in the City, noise sensitive receptors must also be identified. As mandated by the State, noise sensitive receptors include, but are not limited to, areas containing housing, schools, hospitals, rest homes, long -term medical or mental care facilities, or any other land use areas deemed noise sensitive by the local jurisdiction. TASK 2 - NOISE MEASUREMENT SURVEY The noise measurement survey can be subdivided into two subtasks. The subtasks are select noise measurement sites and conducting the measurement survey. Subtask 2.1 - Select Monitoring Sites. Sites for noise measurements will be selected at this time. At this time we are proposing to conduct noise measurements at 10 sites. The findings in Task 1 will be used in the site selection process. The selection of sites will be coordinated with City staff. The participation of staff will insure that the sites selected cover the full City of Seal Beach Noise Element Update Page 5 spectrum of noise exposure in the study area. While the consultant will have certain technical requirements that need to be satisfied in selecting sites, these can be accommodated during the site selection process. The costs proposed are based upon measurement at 10 sites throughout the city. Note that some of these sites may be the same as the existing Noise Element to document changes in noise levels. Noise measurement results presented in the existing Noise Element will be presented in the Technical Document at the direction of staff. Additionally, there may be other sources (e.g. Environmental Impact Reports) for recent noise measurements that can be included in the Technical Document at staffs direction. Subtask 2.2 - Conduct Noise Measurements. This subtask consists of conducting noise measurements at the selected sites. The equipment that will be used by the consultant is the Bruel and Kjwr Model 2231 noise monitor or equivalent equipment. The measurements will consist of measurements of the Leq (Equivalent Noise Level) and Percent Noise Level (L%). Measurements will be conducted for a minimum of 15 minutes per site. The primary sources of noise at each site will be identified. The measurements of roadway noise will identify any problems with assumptions concerning vehicle speed, road surface conditions, and grade. It is important to measure Leq to determine adjustments to the FHWA highway traffic model assumptions to correlate with the measurement results. Counts of vehicle traffic by type will be conducted during the Leq measurement period. This procedure is essential for accurate assessment of the roadway noise model performance, and is not offered by many consultants. It should be noted that we are not proposing to measure the CNEL/Ldn noise levels directly, instead we are measuring the Leq noise levels generated by roadway and other sources. The Leq noise levels are the building blocks for the CNEL /Ldn scale, and it is a relatively easy process to project the CNEULdn levels based on the Leq measurements. Measurement of CNEL/Ldn noise levels is simply not practical for this type of study. To measure CNEL `Ldn directly the monitor must be left in one for at least 24 hours. Measurement of Leq allows us to measure many more sites, but for a shorter duration. An additional problem with the CNEL/Ldn measurement is than of security; if the monitor is not attended constantly it will be stolen or damaged. TASK 3 -GENERATE NOISE _CONTOURS FOR EXISTING AND FUTURE CONDITIONS In this Task, the noise environment in Seal Beach is presented in terms of noise contours for all of the major noise sources in the community. The traffic noise levels will be developed from the FHWA Highway Noise Model. The noise contours will be projected in either the Ldn or CNEL scale. Both scales are very similar and we will discuss with the City which may be more appropriate for use in Seal Beach. Subtask 3.1 - Validate Highway Noise Model. The noise measurement results obtained in Task 2 will be correlated with the highway noise model to test the reasonableness of the assumptions. The accomplishment of this task is a critical point in the program. By comparing City of Seal Beach Noise Element Update Page 6 measurements and model predictions, adjustments to the assumptions can be implemented. This enhances tremendously the overall confidence in the generated noise contours. Subtask 3.2 - Develop Noise Contours. This task will result in the production of existing and future noise contours. Noise contours represent lines of equal noise exposure, just as the contour lines on a topographic map are lines of equal elevation. The noise contours will be generated with the FHWA Model for traffic sources and noise measurements of other sources. The noise contours presented should be used as a guide of land use planning. By knowing the land use within these contours, appropriate mitigation measures can be proposed which minimizes existing impacts and future incompatibilities. The results will also be presented in tabular format to accompany these exhibits which will provide the actual distance of the noise contour from the street centerline. Each street may be divided into individual links which are characterized by their own unique set of factors and hence, a different centerline /contour distance will be tabulated. Both roadways and airports will be included in the noise contour maps. Noise generated by aircraft operations at the Los Alamitos Joint Forces Training Air Base will be included in the analysis. Existing studies and reports will be used to provide the most current existing noise contours and best projections of future aircraft noise. TASK 4. POLICY AND NOISE STANDARD DEVELOPMENT AND IDENTIFICATION OF NOISE COMPATIBLE LAND USES The purpose of this task is to develop policies and standards that can then be used to identify compatible and incompatible land uses with different noise environments. The determination of compatible land use /noise relationships not only involves technical and health issues, but also involves social and economic issues. Therefore, the development of policies and standards, which are intended to define land use/noise compatibility, should be developed on a citywide basis accounting for the various concerns unique to each city. To this extent, review of current Seal Beach. noise policies will be made. It should be noted at this point that the consultant is extremely sensitive to the existing character and environment that encompass the City of Seal Beach. It is not our intent to suggest policies and standards that may be applicable to other communities in a manner that is not compatible with the lifestyles of the Seal Beach community. An important policy to establish in the noise element is the relationship of community noise /land use compatibility through noise control at the source versus noise control through land use controls. The tradeoff between regulating the amount of noise that a source can produce and noise compatibility through land use controls determines whether the noise source or the noise receiver bear the responsibility of ensuring noise compatibility. In addition, land use compatibility guidelines issued by the State Department of Health and Noise Elements of other Cities will be reviewed for application in the City of Seal Beach. After discussions with City staff, proposals for new policies will be made. The goals identified in the policies will then be translated into two levels of standards; (1) a noise /land City of Seal Beach Noise Element Update Page 7 use compatibility matrix for use at the general plan, zoning, and building permit levels, and (2) indoor and outdoor standards for various types of projects (e.g.; residential, commercial, office) to be used at the implementation stage. TASK 5 - IMPLEMENTATION GUIDELINES AND MITIGATING MEASURES FOR NOISE CONTROL During this phase of the work program, the existing City regulatory system will be examined to define how best to integrate the proposed new noise policies and standards. At a minimum, the consultant will examine three levels of the development review process; zoning, subdivisions, and building /plan check functions. Each level will be evaluated as to its appropriateness for implementation of noise mitigation techniques. Using the compatibility matrix, properties that appear to be incompatible with a noise environment will be outlined. Standard conditions of approval, which can be attached to decisions on subdivisions with the City, will also be considered. To this extent, specific language will be drafted outlining the procedures and guidelines an applicant must follow when building permits are applied for at a later date. Building /plan check functions will be assessed as to the appropriateness of enforcing various construction techniques and to minimize noise impacts. Double pane glass, exhaust fan locations, Title 24 requirements, and other methods will be explored. Likewise, procedures for the enforcement of these construction techniques will also be offered to the City's inspection division. In general, measures to mitigate noise in outdoor noise sensitive areas such as yard, patio, and balcony areas will be presented. Examples of exterior living area mitigation measures include walls, berms, building setbacks, and site design alternatives. The feasibility of these approaches will be related to the level of noise reduction needed. Measures to reduce the intrusion of outside noise into indoor areas will also be presented. Various types of construction and construction details will be discussed in terms of their noise reduction capabilities. It is important for the - consultant team to emphasize the need to balance or combine various mitigation measures into workable solutions that meet the needs —of the community. Traditional engineering solutions that may have negative visual impacts must be weighed against other criteria such as anesthetics, costs, etc. A twelve -foot wall versus a berm/wall combination is a typical example. It is our intent to provide the tools to help with this decision making process, but no one solution or set of solutions will always suffice. At best, these decisions are always made on a project -by- project basis and at the appropriate time in the development review process. Therefore, it is our desire to ensure that at each level of review, staff will have the appropriate mechanisms for enforcement. This will hopefully avoid a forced decision being made because no design options remain; such as no space left for a berm, residential zoning in a high noise area, or approved construction plans with inadequate noise insulation. City of Seal Beach Noise Element Update Page 8 TASK 6 - PRESENTATIONS AND ATTENDANCE AT PUBLIC HEARINGS A principal of the consultant team will attend . public hearings as requested by staff. This proposal includes a public workshop, a Planning Commission hearing and a City Council meetings (of any combination up to a total of three). Additional hearings can be accommodated on a time and materials basis. The focus of this task is to present the results, findings and updated Noise Element to the appropriate parties. The firm has considerable experience dealing with community noise issues throughout California and elsewhere. Secondly, such support can often take the form of providing information to staff or committee members about acoustics, community noise, or human responses to noise. Two of the principals of the firm are guest lecturers at the University of California, Irvine on noise and other environmental topics. In addition, all principals have given numerous presentations to public committees and testified at many public hearings. This broad base of experience provides a strong background in dealing with the public on issues related to noise. TASK 7. PREPARE NOISE ELEMENT TECHNICAL REPORT The work effort described above will be presented in a document that presents the existing and future noise contours, and recommendations for policies, standards, and implementation guidelines. The document will serve as the Technical Component of the Noise Element. The Technical Component will present background information on noise, health effects of noise, methodologies, monitoring results and data used to project noise contours as well as supporting information concerning policy development. The function of this format is to separate within the document the supporting information from the main body of the Noise Element that will be prepared by Culbertson Adams Associates. Where feasible, the use of tables, graphs, and matrices will be used to assist the applicant and staff in evaluating a proposed or existing project. To this end, special consideration will be given to designing these aids so that the City may continue to evaluate projects after adoption of the Noise Element. TASK 8— REVIEW NOISE ELEMENT Based on the Noise Element Technical Report CAA will prepare the Noise Element of the General Plan. Under this task, we will review the Noise Element section prepared by CAA and provide comments. Consistency with the Technical Report and technical accuracy will be the primary focus of the review. Our costs assume review and comment on two drafts of the Noise Element document. TASK 9 — PRESENT EXISTING AND FUTURE CONTOUR IN ARCVIEW GIS (OPTIONAL) As an option, we are proposing to include the noise contour maps in Arc View GIS format. Arc View GIS format has several advantages in that the maps can be printed as almost any City of Seal Beach Noise Element Update Page 9 scale. More importantly, the computer format allows planners and other users to quickly lookup locations and determine whether noise compatibility will occur with existing or proposed uses. Cost The cost for the completion of the Noise Element for the Seal Beach General Plan as described in the Scope of Work of this proposal is $13,500. This costs includes the generation of the noise contours in an ArcView format which is an optional task. The approximate task break down is shown in the following table. 1.0 Inventory Current conditions 1.0 $960 2.0 Noise Measurement Survey 1.0 2.0 $1,840 3.0 Generate Noise Contours 0.5 1.0 2.0 $1,880 4.0 Policy and Noise Standards Development 1.0 $960 5.0 Implementation Guidelines 1.0 $960 6.0 Public Hearings (Three) 2.5 $2,400 7.0 Prepare Reports (including copies) 1.0 3.0 $2,520 8.0 Review & Comment on Noise Element 1.0 $960 9.0 Prepare ArcView contours 3.0 $1,320 Total 9.0 4.0 7.0 $13,800 The costs shown in the above table include all project costs including manpower, computer costs, per diem during measurements and expenses including reproduction of draft reports and final reports. These costs are based upon an hourly rate of $120 per hour for professional engineer (P.E.), $65 per hour for staff engineer (Engr.), and $55 per hour for technician. If you have any questions or comments, please do not hesitate to call Sincerely, Me tre Greve Associates AMae tt B. es Manager, E vironmental Services Fred Greve, P.E. Principal Selection of Geneml Plan/LCP Consultant Services City Council Staff Report June 24, 2002 Attachment 2 Draft agreement between City & Culbertson Adams & Associates AGREEMENT FOR CONTRACT SERVICES General Plan Review/Update and Local Coastal Plan Preparation THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement') is made and entered into as of , 2002 by and between the CITY OF SEAL BEACH, a municipal corporation ( "City") and Culbertson Adams & Associates, Inc. ( "Contractor "). RECITALS WHEREAS, City desires to employ the services of consultants to provide professional services regarding preparation of a General Plan Review and Update, preparation of a Local Coastal Plan, and necessary environmental assessments in accordance with the provisions of the State Planning Law, the California Coastal Act, the California Environmental Quality Act (CEQA) and the Local CEQA Guidelines of the CITY; and WHEREAS, the California Environmental Quality Act, the State EIR Guidelines, and City's local EIR Guidelines may require the preparation of a Mitigated Negative Declaration or an Environmental Impact Report (hereinafter "EIR ") prior to the City's decision on the General Plan Review/Update and Local Coastal Plan Preparation project; and WHEREAS, Contractor represents that it is able to prepare the General Plan Review/Update and Local Coastal Plan Preparation and related Mitigated Negative Declaration or EIR, if determined necessary, in conformance with all applicable laws and guidelines; NOW, THEREFORE, the parties agree that the term of this Agreement shall be for eighteen months from the day and year first above stated. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement for Contract Services as of the date first set forth above. C:Wy n"cumentaTOR S\2002 GP -LCP Smice Agr =t,Culbe son.docU.W -18 -02 General Plan Revnm1Updafe and Local Coaefal Plan Preporafion Professional Services Agreement City of Seal Beach and Culbertson, Adams & Assaciafes June 15, 1001 CITY OF SEAL BEACH By: John B. Bahorski Its: City Manager Attest: City Clerk APPROVED AS TO FORM: Q C CONTRACTOR By: M. Andriette Culbertson Its: President 2002 GP -LCP Services Agreement.Culbeason General Plan Revhe lWare and Local Coastal Plan Preparation Professional Services Agreement City of Seal Beach and Culbertson, Adanu & Associates June 25, 2002 PART FUNDAMENTAL PROJECT TERMS A. Location of Subject Project: City of Seal Beach B. Description of Services/Goods to be Provided: Refer to attached "Proposal - General Plan Review/Update and Local Coastal Plan Preparation" , submitted by Culbertson Adams & Associates Inc. dated June 12, 2002 The "Housing Element' is being prepared by separate contract and is not the responsibility of Culbertson Adams & C. Term: Unless terminated earlier as set forth in this Agreement, the services shall commence on June 25 2002, ( "Commencement Date ") and the term of this Agreement shall continue through January 1. 2004. D. Party Representatives: D.1. The City designates the following person/officer to act on City's behalf: Lee Whittenbera, Director of Development Services D.2. The Contractor designates the following person to act on Contractor's behalf: M. Andriette Culbertson President E. Notices: Contractor shall deliver all notices and other writings required to be delivered under this Agreement to City at the address set forth in Part II ( "General Provisions "). City shall deliver all notices and other writings required to be delivered to Contractor at the address set forth following Contractor's signature below. F. Attachments: This Agreement incorporates by reference the following Attachments to this Agreement: F.1. Part I: Fundamental Project Terms F.2. Part II: General Provisions F.3. Part III: Special Provisions 2002 GP -LCP Services Agreement Culbertson Genera/ Plan RwiewlLWate and Local Coastal Part Preparation Pmfessional Services Agreement City of Seal Beach and Culbertson, Adam & Associates June 25, 2001 F.4. Part IV: Scope of Work F.S. Part V: Budget G. Integration: This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with regard to those matters covered by this Agreement. This Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret [his Agreement. This Agreement may only be amended by the mutual consent of the parties by an instrument in writing. IN WITNESS WHEREOF, the parties have executed and entered into this Fundamental Project Tenn as of the date that set forth above in Paragraph C. CITY OF SEAL BEACH By: John B. Bahorski Its: Citv Manager FatW City Clerk `{ i� APPROVED AS TO FORM: Richards, Watson & Gershon Quinn Barrow City Attorney 2002 GP -LCP Services Agsecment.Culbeason CONTRACTOR By: M. Andriette Culbertson Its: President Contractor Information Address for Notices and Payments: Culbertson, Adams, & Associates, Inc. Attn: M. Andriette Culbertson 85 Argonaut, Suite 220 Aliso Viejo, CA 92656 -4105 Telephone Number: (949) 581 -2888 FAX Number: (949) 581 -3599 General Plan Review /Update and Local Coastal Plan Preparation Professional Services Agreement City of Seal Beach and Culbertson, Adams & Associates June 25, 7002 PART II GENERAL PROVISIONS SECTION ONE: SERVICES OF CONTRACTOR 1.1 Scope of Work. Contractor shall provide the goods and/or services shown on Part IV hereto ( "Scope of Work "). If this Agreement is for the provision of goods, supplies, equipment or personal property, the terms "services" and "work" shall include the provision (and, if designated in the Scope of Work, the installation) of such goods, supplies, equipment or personal property. 1.2 Instructions from City. In the performance of this Agreement, Contractor shall report to and receive instructions from City's Representative designated in Paragraph D.1 of Part I ( "Fundamental Terms ") of this Agreement. Tasks or services other than those specifically described in Part IV ( "Scope of Work ") shall not be performed without the prior written approval of City's Representative. 1.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to, or deducting from said work. No such work shall be undertaken unless a written order is first given by City to Contractor, incorporating therein any adjustment in (i) the Budget, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of Contractor. 1.4 Standard of Performance. Contractor agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry, and that all goods, materials, equipment or personal property included within the services herein shall be of good quality, fit for the purpose intended. 1.5 Performance to Satisfaction of Citv. Contractor agrees to perform all work to the satisfaction of City within the time specified. If Contractor's work is not satisfactory in the opinion of City's designated representative, City has the right to take appropriate action, including but not limited to any or all of the following: (i) meeting with Contractor to review the quality of the work and resolve matters of concern; (ii) requiring Contractor to repeat or correct the work at no additional fee until it is satisfactory; (iii) suspending the delivery of new or additional work to Contractor for an indefinite time; (iv) withholding payment; and (v) terminating this Agreement as hereinafter set forth. City's options set forth herein are non - exclusive, and are in addition to any remedy available at law to City. 20112 GP -LCP Services Ag,cement.CuJNmon General Plan RMv Mpdate and Local Coastal Plan Preparation Professional Services Agreement Cny of Seal Beach and Cu lbertson, Adams & Associates June 25, 1002 1.6 Familiarity with Work. By executing the Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under the Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any conditions, including any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from City's Representative. 1.7 Prohibition Aesinst Subcontractine or Assienment. Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither the Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. In the event of any unapproved transfer, including in any bankruptcy proceeding, City may void the Agreement at City's option in its sole and absolute discretion. No approved transfer shall release any surety of Contractor of any liability hereunder without the express consent of City. 1.8 Compensation. Contractor shall be compensated in accordance with the terms of Part V ( "Budget "). Included in the Budget are all ordinary and overhead expenses incurred by Contractor and its agents and employees, including meetings with City representatives, and incidental costs incurred in performing under this Agreement. SECTION TWO: INSURANCE AND INDEMNIFICATION 2.1 Insurance. 2.1.1 Type of Insurance Required. Contractor shall procure and maintain, at its cost and for the duration of this Agreement, comprehensive general liability and property damage insurance, including automobile and excess liability insurance, against all claims for injuries against persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, and/or subcontractors. It shall be the sole and exclusive duty of Contractor to ensure that its sub - contractors have complied with the insurance requirements set forth herein, and that evidence of such compliance is provided to City within the time limits specified in Section 2.1.6. 2.1.2 Amount of Insurance Required. The amounts of insurance required hereunder shall be as set forth in Part III ( "Special Provisions ") of this Agreement. 2002 GP -LCP Services Ag ecnune.0 Ibntson General Plan RevlmAWate and Local Comial Plan Preparation Professional Services Agreement City of Seal Beach and Culbertson, Adams & Associates June 25, 2002 2.13 General Requirements. All of Contractor's and its sub - contractor's policies of insurance shall: 2.1.3.1 Name City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter "City and City Personnel ") as additional insureds and contain no special limitations on the scope of protection afforded to City and City Personnel; 2.1.3.2 Be primary insurance and shall provide that any insurance or self-insurance maintained by City or City Personnel shall be in excess of Contractor's insurance and shall not contribute with it; 2.13.3 Be " occurrence" rather than "claims made" insurance; 2.13.4 Apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability; 2.13.5 Be endorsed to state that the insurer shall waive all rights of subrogation against City and City Personnel; and 2.1.3.6 Be written by good and solvent insurer(s) admitted to do business in the State of California and acceptable to City. 2.1.4 Deductibles. Any deductibles or self - insured retentions must be declared to and approved by City prior to the execution of this Agreement by City. 2.1.5 Notice of Policy Changes. Each such insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non - renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, certified, or by personal delivery. In addition to such notice provided to City by the insurer, Contractor shall also provide City with thirty (30) days prior written notice, by certified mail, return receipt requested, of the suspension, voiding, cancellation, reduction in coverage or in limits, non - renewal, or material change for any reason, of any such insurance policy or policies. 2.1.6 Evidence of Coverage. Contractor shalf famish City with certificates of insurance demonstrating the coverage required by this Agreement which shall be received and approved by City not less than five (5) working days before work commences. The duplicate originals and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The procuring of such insurance or the delivery of duplicate originals and endorsements evidencing the same shall not be construed as a limitation on Contractor's obligation to indemnify City and City Personnel. 2002 GP -LCP Services Aga, m nl.Curbe m General Plan Review/Updale and Local Coasml Plan Preparation Professional Services Agreement City ofseal Beach and Culbemon, Adams &Associates June 25, 2002 2.1.7 Workers Compensation Insurance. 2.1.7.1 Contractor shall, to the extent required by the California Labor Code, provide Workers' Compensation Insurance for the protection of Contractor's employees. Contractor shall file, within the time limits specified in Section 2.1.6 of this Agreement, a certificate of insurance which evidences that Contractor is in compliance with said Worker's Compensation Insurance requirement. 2.1.7.2 For any Workers' Compensation and Employer's Liability Coverage, the insurer shall agree to waive all rights of subrogation against the City and City Personnel arising from work performed by the Contractor for the City. 2.1.7.3 Contractor shall require all subcontractors similarly to provide such Workers' Compensation Insurance and certificates of insurance for their respective employees. 2.1.7.4 In the event Contractor has no employees requiring Contractor to provide Workers' Compensation Insurance, Contractor shall so certify to City in writing prior to City's execution of this Agreement. City and City Personnel shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section or with the provisions of law relating to Workers' Compensation. 2.2 Indemnification. Contractor shall indemnify, defend, and hold City and City Personnel harmless from and against any and all actions, claims, demands, judgements, attorney's fees, costs, damage to persons or property, penalties, obligations, expenses or liabilities that may be asserted or claimed by any person or entity arising out of the willful or negligent acts, errors, or omissions of Contractor, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and/or City Personnel; provided, however, that the Contractor shall not be required to indemnify, defend or hold harmless City or City Personnel against claims arising from the sole active negligence or willful misconduct of City or City Personnel. In connection therewith: 2.2.1 Contractor shall defend, with Counsel acceptable to City, any action or actions filed in connection with any such claimed damage, injury, penalty, obligation or liability, and shall pay all costs and expenses, including attorney's fees, incurred therewith. 2.2.2 In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such claimed damage, injury, penalty, 2002 GP -LCP Scr ik. Agrecmen[.Culbeasoa General Plan Review /Update and Local Coasla/ Plan Preparation Pecfmional Services Agreement City of Seal Beach and Culbertson, Adams & Associates June 25, 2002 obligation or liability, Contractor shall defend City and pay to City any and all costs and expenses incurred by City in such action or proceeding, together with reasonable attorney's fees and expert witness fees. SECTION THREE: LEGAL RELATIONS AND RESPONSIBILITIES 3.1 Compliance with Laws. Contractor shall keep fully informed of all State and Federal laws and County and Municipal ordinances and regulations which in any manner affect those employed by it or in any way affect the performance of services pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of all work and services performed by or on behalf of Contractor. Each and every provision required by law to be inserted into this Agreement shall be deemed to be inserted, and this Agreement shall be read and enforced as though they were included. 3.2 Independent Contractor. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner or employer of Contractor in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Contractor. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Neither Contractor nor any of Contractor's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither Contractor nor any of its employees shall be paid by City any wage or overtime benefit. City is under no obligation to withhold State and Federal tax deductions from Contractor's compensation. Neither Contractor nor any of Contractors employees shall be included in the competitive service, have any propeny right to any position, or any of the rights a City employee might otherwise have in the event of termination of employment. 3.3 Covenant Against Discrimination. Contractor covenants for itself, its heirs, executors, assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, relation, sex, marital status, national origin, or ancestry, in the performance of this Agreement. Contractor further covenants and agrees to comply with the terms of the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et sea.) as the same may be amended from time to time. 3.4 Use of Patented Materials. Contractor shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used or incorporated in the services or work performed by Contractor under this Agreement. Contractor shall indemnify, defend, and save City harmless from any and all suits, actions or proceedings of every nature for, or on account of, the use of any patented or copyrighted materials. 2002 GP -I P Service Agreement.Culbmson General Plan Rwlew /Update and Local Coastal Plan Preparation Professional Services Agreement City of Sea/ Beach and Colbervon, Adams & Associates June 25, 2001 3.5 Licenses. Permits. Fees and Assessments. Contractor shall obtain and keep in effect throughout this Agreement, at its sole cost and expense, all licenses, permits, and approvals that may be required by law for the performance of the services required by this Agreement including, without limitation, a City business license. Contractor shall have the sole obligation to pay any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against Contractor thereunder. 3.6 Proprietary Information. All proprietary information developed specifically for City by Contractor in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material, or software programs, but not including Contractor's underlying materials, software, or know -how, shall be the sole and exclusive property of City, and are confidential and shall not be made available to any person or entity without the prior written approval of City. Contractor agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of Contractor's services under this Agreement. Contractor further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performance of services by Contractor under this Agreement shall be made to City, and that Contractor shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by City. 3.7 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether arising out of this Agreement or otherwise) any amounts the payment which may be in dispute or which are necessary to compensate City in full or part for losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Contractor's negligent acts, errors, or omissions, or willful misconduct, in pertorming or failing to perform Contractor's obligations under this Agreement. City in its sole and absolute discretion, may withhold from any payment due Contractor, without liability for interest, an amount sufficient to cover such claim or any resulting lien. The failure of City to exercise such right to deduct or withhold shall not affect the obligations of the Contractor to insure and indemnify City as elsewhere provided herein, or act as a waiver of Contractor's obligation to pay City any sums Contractor owes City. Notification of amounts in dispute will be made in writing within 10 days, otherwise entire invoice amounts are due and payable in full. 3.8 Termination By City. City reserves the right to terminate this Agreement at any time, with or without cause, upon 10 days written notice to Contractor. Upon receipt of any notice of termination from City, Contractor shall immediately cease all services hereunder except such as may be specifically approved in writing by City. Contractor 2002 GP -LCP Services Agw mcnt,Culbenson 10 General Plan Review /Update and Local Coasml Plan Preparation Pmfersionnl Services Agreement City of Seal Bencb and Culberuon, Adams & Associates June 15, 1001 shall be entitled to compensation for all services rendered prior to receipt of City's notice of termination and for any services authorized in writing by City thereafter. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may take over the work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder, including costs incurred by City in retaining a replacement contractor and similar expenses, exceeds the Budget set forth in Part V hereto. 3.9 Right to Stoo Work: Termination By Contractor. Contractor shall have the right to stop work only if City fails to timely make a payment required under the terms of the Budget, at which point Contractor may suspend performance under this Agreement after thirty (30) days' prior written notice to City. Contractor shall immediately cease all services hereunder as of the date Contractor's notice of termination is sent to the City. Contractor shall be entitled to compensation for all services rendered prior to the date notice of termination is sent to City and for any services authorized in writing by City thereafter. If Contractor terminates this Agreement because of an error, omission, or a fault of Contractor, or Contractor's willful misconduct, the terms of Section 3.8 relating to City's right to take over and finish the work and Contractor's liability therefor shall apply. 3.10 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any deault shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party require the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 3.11 Legal Actions. The Municipal and Superior Courts of the State of California in the County of Orange shall have the exclusive jurisdiction of any litigation between the parties arising out of this Agreement. This Agreement shall be governed by, and construed under, the laws of the State of California. The rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 3.12 Attorneys' Fees. If either party to this Agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Agreement, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to litigation costs, including reasonable attorney's fees and expert witness fees. 3.13 Force Maieure. The time period specified in this Agreement for performance of work may be extended by City because of any delays due to unforeseeable causes beyond 2002 GP -LCP Services Ag ent,Culbeneon 11 General Plan Review /Update and Local Coastal Plan Preparation Pwfusional Services Agreement City of Seal Beach and Culbertson, Adams & Associatu June 25, 2002 the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, provided that Contractor shall within ten (10) days of the commencement of such delay notify City in writing of the causes and length of the delay. If Contractor gives notice of such delay, City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay, when and if in the judgement of City, such delay is justified. City's determination shall be made in writing, and shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused. Contractor's sole remedy shall be extension of this Agreement pursuant to this Section 3.13. 3.14 Non - liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City, or for any amount which may become due to Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 3.15 Conflict of Interest. No officer, official, employee, agent, representative, or volunteer of City shall have any financial interest, direct or indirect, in this Agreement, or participate in any decision relating to this Agreement which affects his or her financial interest or the financial interest of any corporation, partnership, or association in which he or she is interested, in violation of any Federal, State, or City statute, ordinance, or regulation. Contractor shall not employ any such person while this Agreement is in effect. Contractor warrants that Contractor, its officers and employees, have not, and will not during the tern of this Agreement and for at least twelve (12) months after performance is complete, accept any employment or consideration from any party that would constitute a conflict of interest as described in California Government Code Sections 87100 et seg., and accompanying regulations, as either may be amended from time to time. SECTION FOUR: MISCELLANEOUS PROVISIONS 4.1 Records and Reports. Upon request by City, Contractor shall prepare and submit to City any reports concerning Contractor's performance of the services tendered under this Agreement. City shall have access, upon reasonable notice, to the books and records of Contractor related to Contractor's performance of this Agreement in the event any audit is required. All drawings, documents, and other materials prepared by Contractor in the performance of this Agreement (i) shall be the property of City and shall be delivered at no cost to City upon request of City or upon the termination of this Agreement, and (ii) are confidential and shall not be made available to any individual or entity without prior written approval of City. Contractor shall keep and 2002 GP -LCP Services AgeemenLCulb moo 12 General Plan Review /Update and Local Coastal Plan Preparation Professional Services Agreement City of Seal Beach and Culbertson, Adams & Associates June 25, 2002 maintain all records and reports related to this Agreement for a period of three (3) years following termination of this Agreement, and City shall have access to such records in the event any audit is required. All documents shall be provided to City in hard copy reproducible form and also in Word 97 or Word 2000 format. All charts, tables, figures, and maps which are prepared with computer -based mapping or spread -sheet programs shall be provided to City in a format acceptable to City. 4.2 Notices. Unless otherwise provided herein, all notices required to be delivered under this Agreement or under applicable law shall be personally delivered, or delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch. Notices to City shall be delivered to the following address, to the attention of City Representative set forth in Paragraph D.1 of the Fundamental Terns of this Agreement: To City: City of Seal Beach Attn: Lee Whittenberg 211 Eighth Street Seal Beach, CA 90740 Notices to Contractor shall be delivered to the address set forth below Contractor's signature on Part I of this Agreement, to the attention of Contractor's Representative set forth in Paragraph D.2 of the Fundamental Terms of this Agreement. Changes in the address to be used for receipt of notices shall be effected in accordance with this Section 4.2. 4.3 Time of Essence. Time is of the essence in the performance of this Agreement. 4.4 Interpretation: Severability. 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 this Agreement or any other rule of construction which might otherwise apply. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. Each provision of this Agreement shall be severable from the whole. If any provision of this Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full force. 4.5 Corporate Authority. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they me duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this 2002 GP -LCP Smices Agr rn,Culbeasoa 13 General Plan Revier ItWate and Local Coartal Plan Preparafion Professional Services Agreement OV of Seal Beach and Culberuon, Adams & Associates June 25, 2001 Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 2002 GP -LCP Services ASeement.0 Il Mon 14 4 2002 GP -LCP Services ASeement.0 Il Mon 14 General Plan ReeimlUpdate and Local C mot Plan Preparation Professional Services Agreement City afSeal Beach and Culbertson, Adams & Associates June 25, 2002 PART III SPECIAL PROVISIONS 100. INSURANCE. Pursuant to Section 2.1 of Part II ( "General Provisions ") of this Agreement, the amounts and levels of insurance required shall be as follows: 100.1 General Liabiliri (including premises and operations, contractual liability, personal injury, independent contractors liability): One Million Dollars ($1,000,000.00) Single Limit, per occurrence. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be three times the occurrence limit. 100.2 Automobile Liability (including owned, non - owned, and hired autos): One Million Dollars ($1,000,000.00), Single limit, per occunence for bodily injury and property damage. 100.3 Workers Compensation and Employer's Liability: One Million Dollars ($1,000,000.00) per occurrence for injuries incurred in providing services under this Agreement (if Contractor is required to have per the laws of California). 200. PERSONNEL. M. Andriette Culbertson shall be assigned to, and shall have direct responsibility for management of the project. No change shall be made in this assignment without the prior written approval of City. Consultant may secure, at Consultant's sole cost and expense, such other persons as may, in the opinion of Consultant, be needed to comply with the terms of this Agreement. If such persons are retained by Consultant, Consultant warrants that such persons shall be fully qualified under applicable State, Federal and local law and industry or professional standards to perform the services for which Consultant retains them. In addition to personnel employed directly by Consultant, Consultant shall have the right to engage such subcontractors as it may deem necessary to the performance of its services hereunder with the prior approval of the City, which approval shall not be unreasonably withheld. Contractor warrants that such subcontractors shall be fully qualified under applicable State, Federal and local law and industry or professional standards to perform the services for which Consultant retains them. 2002 GP -LCP Services AgmemwcCulbenvO 15 General Plan RevimlUpdate and Local Coastal Plan Preparation Professional Services Agreement City ojSeal Beach and Culbamon, Adams & Amociatev June 25, 2001 PART IV SCOPE OF WORK (INSERT SECTION II, SCOPE OF WORK, AS SET FORTH IN PROPOSAL) 2002 GP -I P Smiem Ag ement,CulbcAsoo 16 Il. Scope of Work The approach and methodology recommended for the City of Seal Beach General Plan update program involves the community, City officials, and City staff. The scope of work for this effort is divided into the following sections: Overview of General Plan Elements Public Participation Program General Plan Advisory Committee and Workshops Public Review and Plan Adoption Final Documents Overview of General Plan Elements The City of Seal Beach General Plan is currently comprised of the following elements: • Land Use Element • Open Space/Recreation/Conservation Element • Bicycle Route Element • Housing Element • Circulation Element • Seismic Safety - Safety Element • Noise Element • Scenic Highways Element • Growth Management Element To conform with current state law and to provide a more streamlined format for the Plan that combines some existing elements to create seven Plan elements. We recommend that the Coastal Land Use Plan be prepared as a separate, but coordinated, document from the General Plan. Individual Specific Plans should be provided in separately bound documents and ultimately incorporated into the City's zoning ordinance. This approach would result in the following General Plan organization: Land Use Element Open Space/Recreation/Conservation Element (includes Archaeological and Historical Element) Housing Element Circulation Element (includes Bicycle Route and Scenic Highways Element) Safety Element Noise Element Growth Management Element Mandatory General Plan elements under California law include: Land Use, Housing, Circulation, Safety, Conservation, Open Space, and Noise. The proposed approach addresses these required Seat Beach Calbamaa. Adams & Associates, Inc. General Plan Update Program 4 Jane 11, 2002 elements (it will combine the Conservation and Open Space elements) and will also include an optional General Plan element for Growth Management. The Coastal Land Use Plan will be prepared as a separate but related document as further discussed below. Based on consultation with City staff, the proposed General Plan organization and approach may be adjusted. Since the Housing Element is currently being updated, this element is outside the proposed scope of work. CAA's first efforts will be to provide a detailed review of the existing General Plan and other available City documentation. Interviews will be conducted with staff from different departments relevant to the project effort. From this review, CAA will prepare a Preliminary Draft General Plan. A consistent format will be followed in preparing each element or chapter so that the document is easy to read and internally consistent. Any associated technical reports will be available in separately bound documents so that the Plan becomes a concise, user - friendly guide to fundamental long -term City policy and a guide to development. To contain costs, CAA proposes to prepare a land use plan map, as discussed below, and a base map for use with all other elements where information may be overlain. All other graphics will be assumed to be provided by the City. Provided below is the approach planned for each proposed element. Land Use Element The City's existing Land Use Element was last amended in 1996, but appears not to have been comprehensively updated since its adoption in 1973. CAA will review the existing Land Use Element and provide consolidation of several individual amendments with the 1974 text. Based upon existing documentation, the Land Use Element will provide definitions of appropriate land use categories and establish land use intensity standards. Pursuant to staff direction, no changes in land use designations are proposed. Due to cost constraints, the provided scope of work will rely on existing land use inventories in the General Plan. This element will provide discussion of land ownership patterns/pamelization, access/parking limitations, existing and approved development/public improvements. The work effort for this element will focus on integration of existing information into a concise, usable format. All element amendments and individual specific plan data, where appropriate, will be consolidated in the element. A land use designation exhibit will be prepared which will rely on existing City exhibits. CAA will explore the use of the City's GIS capabilities currently used by engineering staff. As a recommended optional element, CAA can provide cost estimates for preparing all of the General Plan exhibits using a GIS format. In this manner, an accurate parcel base map can be provided with precise layers of information regarding land use, hazards, special districts, specific plans, flood zones, etc. Seal Beach Culbertson. Adams & Associates, Inc. General Plan Update Program 5 June 11, 2002 Open Space/Recreation/Conservation Element The Open Space/Recreation/Conservation Element was first adopted in 1973 and amended several times — most recently in 1990. This element addresses open space, parkland, natural resources, greenbelts and beach erosion. CAA proposes to combine the Archaeological and Historical Element into this element due to its relation to conservation of resources and opportunity to reduce the number of needed elements. The primary work effort for this element will focus on consolidation of amendments and elements and format consistency. Where available information exists, this element will also include discussion of groundwater, air quality, and major drainage channels. Information on new NPDES (National Pollutant Discharge Elimination System) water quality permit requirements will be provided, and relevant policies will be proposed. Housing Element We recognize that Seal Beach has recently updated its Housing Element, which is now pending a fording of substantial compliance from the state Department of Housing and Community Development (HCD). CAA will review the adopted Housing Element for consistency with other General Plan elements that are being updated to ensure consistency ofinformation, policies, andprogmms. As mentioned previously, preparationofthe Housing Element is outside the scope of the proposed work effort. Circulation Element The Circulation Element will address the issues of vehicular movement in and throughout the community. The proposed approach to preparing the Element is to clearly identify the current situation and establish a framework for creating a transportation system that reflects the unique values of Seal Beach. The Circulation Element will include policies and examples of how to improve the major transportation corridors by enhancing aesthetics, safety, pedestrian/bicycle environment, and functionality. Targeted levels of service will be provided, as well as a roadway classification map for collector and arterial streets for the City). This Element will update and combine the existing Circulation Element, the Bicycle Route Element, and the Scenic Highways Element. To complete the Circulation Element, CAA will work with Kunzman Associates to complete a review of existing traffic documentation and prepare a summary of existing and projected traffic conditions and identification of future traffic deficiencies. Due to the limited budget for this project, no new traffic modeling will be conducted, and reliance on existing data from recent traffic studies for recent major projects will be used (such as for the Hellman Ranch, Bixby Old Ranch Towne Center, and Boeing site). From this information, circulation goals, policies, and programs will be updated for incorporation into the Element. Seal Beach Gdbeneon, Adams & Assaciates. Inc. General Plan Update Program 6 Jane /1,1001 • Safety Element The City's Seismic Safety - Safety Element was revised in 1997. Little updating is anticipated to be needed for this element, but review for formatting and consistency with other elements will be conducted. The Safety Element will use information on known hazards and will focus on programs to mitigate or respond to potential situations that may affect public safety. • Noise Element Unacceptable levels of noise can degrade a community's quality of life. Much of the noise experienced by the population of Seal Beach is a result of vehicular traffic along the I -5 freeway and primary roads, aircraft operations from the Los Alamitos Armed Forces Reserve Center, and equipment noise (e.g., air conditioners, processing, and repair). The existing City Noise Element was adopted in 1975 and has not been revised. Updating the Noise Element will focus on ways to reduce the number of people affected by severe noise. Improving buildings to reduce interior noise levels results in a much more liveable environment for residents and generally will result in energy conservation. To develop an effective Noise Element, CAA team member, Mestre Greve Associates (MGA), will inventory current noise conditions, conduct a noise measurement survey, and generate noise contours for existing and future conditions. Noise contours generated for vehicle - related noise will be based upon the traffic assessment prepared by Kunzman Associates. From this information, policies and noise standards will be developed and implementation guidelines and mitigation measures for noise control will be prepared. MGA's complete scope of work is included in the Appendices to this proposal. • Growth Management Element The City first adopted a Growth Management Element in 1992 following the provisions of Measure M. The element was last updated in 1993 and establishes service levels for various public services, including transportation, water, sewer, storm drainage, solid waste, law enforcement, fire protection, and others. CAA will update this element as necessary for consistency with other Plan elements, particularly Land Use and Circulation. • Coastal Land Use Plan The City drafted a Coastal Land Use Plan in 1983 which was adopted by the City Council at that time. The Plan was submitted to the Coastal Commission for review; however, a number ofcomments were sent back from the Coastal Commission to the City. The Plan was never adopted by the Coastal Commission. CAA will review the existing Local Coastal Plan and provide a draft of an updated Plan based on existing data and information and current California Coastal Commission Regulations. The Plan will generally address the following topics: public access and Sea! Beach Ca(beman, Adams & A.maciales, l.c. General Plan Update Program 7 Jane /1, 2002 recreation, marine and land resources, shoreline structures and hazards, new development, scenic and visual resources, and public works. The proposed Coastal Land Use Plan will conform with the policies of Chapter 3 of the Coastal Act, which sets the standards for review for the Land Use Plan governed by Public Resources Code §30200. The proposed Coastal Land Use Plan will be one of the elements needed for certification of the City's Local Coastal Program (LCP). Other required components will include implementing actions such as zoning ordinances and maps, and identification of sensitive coastal resource areas. The proposed work program includes only the preparation of the Land Use Plan component of the LCP. Preparation of all other LCP components and Coastal Commission certification of the LCP are beyond the proposed scope of work. CAA recommends that the Coastal Land Use Plan not be prepared as an element of the proposed General Plan as suggested in the RFP. 13 keeping the Coastal Land Use Plan separate from (but coordinated with) the General Plan, the City avoids the need to do a General Plan Amendment every time a proposed change is made to the Coastal Land Use Plan. In this way, California Coastal Commission purview is limited to the Coastal Land Use Plan and not opened up to other General Plan considerations. In addition, the review and approval process for the Coastal Land Use Plan may vary somewhat from the General Plan process. It is assumed that a work program, including issue identification, has been prepared as state funding is being provided for the LCP work effort. However, if this has not been completed, CAA will be happy to assist with this effort, which may require an amended scope of work. Preparation ofthe Coastal Land Use Plan will adhere to the noticing and public participation requirements set forth in the Coastal Commission regulations. This work effort will also include review of adjacent LCPs and will solicit early input from Coastal Commission staff. Review of the proposed Coastal Land Use Plan by the Coastal Commission can be an unpredictable process. For the purposes of this proposal, CAA will provide one draft copy of the Plan for Coastal Commission staff review, two meetings with Coastal Commission staff to review comments on the draft, and one public meeting held by the Coastal Commission. In addition, CAA assumes that the Coastal Commission will adhere to a 90- day review time for the proposed Plan. For work efforts beyond these assumptions, a revised scope of work will be provided to the City for their review and approval prior to initiating any additional work. Public Participation Program In accordance with State Planning Law, State General Plan Guidelines, and the Coastal Act, community participation represents an important component in the proposed General Plan and Coastal Land Use Plan program. In response to the RFP, we have developed the following recommended approach to provide public input into the process. The following approach has been Seal Beach C.I&mom Adams & Associates. Inc. General Plan Update Program 8 June 12, 1002 developed recognizing that the General Plan update will largely rely on existing information and data and that the project budget is limited. If the City decides that a more extensive approach is appropriate, CAA can discuss options for an expanded outreach effort. The primary goals of the public participation program are the following: Inform community stakeholders and the public at large of the fact that the City is undertaking a General Plan update program. Engage the public in the identification of issues, constraints, and opportunities, and share these ideas with the City's decision makers. Include the community's ideas and comments to the fullest degree possible and appropriate in the formulation of the proposed General Plan elements. City Website & Media Releases CAA will provide information about the General Plan program on an ongoing basis for inclusion on the City's Website and release to the media. CAA will work in conjunction with City staff to development articles which address: Status of the General Plan update program Upcoming workshop schedule Methods for public comment Summary of the proposed General Plan Any other relevant topic If available, such articles may also be included in City or community newsletters (such as a chamber of commerce newsletter). Public Workshops As described below, four General Plan Advisory Committee workshops will be held on the project. These workshops will be advertised and open to the public. Time will allocated for public comments. Each workshop will provide: 1) background information and issue identification, 2) establishment of goals, policies and programs, and 3) review of the preliminary draft General Plan. Each workshop will address different topics as identified below. Seat Beach Culbertson, Ad.. & As .knee, 1. General Plan Update Program 9 June 12, 2002 Public Hearines The Planning Commission and the City Council will conduct public hearings on the proposed General Plan and the Coastal Land Use Plan. In addition, the California Coastal Commission will conduct a public hearing regarding the review of the Coastal Land Use Plan. These opportunities for public input will be advertised and noticed as required by state law. General Plan Advisory Committee and Workshops CAA proposes the formation of a General Plan Advisory Committee, or GPAC, to serve as the core group to work with the consultant team in review and development of the draft General Plan and Coastal Land Use Plan documents. The role of the GPAC will be to review and comment on proposed updated drafts of individual elements. We recommend the GPAC be comprised of approximately 10 people and include representatives ofthe Planning Commission and other standing commissions and committees, and representatives of the community at large. The GPAC could also include a City Council representative. CAA proposes to conduct four GPAC workshops as follows: W orkshop l Introduction Land Use Element Workshop 2 Circulation Element Growth Management Element Workshop 3 Noise Element Safety Element Conservation/Recreation/Open Space Element Workshop 4 Coastal Land Use Plan Wrap Up For each workshop, CAA will provide copies of the existing element and preliminary draft element with any applicable supporting documentation in advance of each meeting. CAA will facilitate a discussion of each element and help identify issue areas and any proposed changes. Representatives from Mestre Greve Associates will participate in the Noise Element workshop, and a representative from Kunzman Associates will participate in the Circulation Element workshop. Of course, applicable City staff will participate in each workshop as well. Each workshop is assumed to be approximately three hours long. Requested changes and issues identified through the workshop process will be incorporated into the preliminary draft General Plan and the Coastal Land Use Plan. One reproducible copy will be provided to staff for their review. Based on staff review and comment, a proposed draft document (one reproducible copy) will be provided for Planning Commission and City Council review, as well Sea( Beach Culbertson. Adams & Associates. Inc. General Plan Update Program 10 Ane 12, 2002 as for copies requested by the public and copies needed for internal City use. Due to budget limitations, all requested changes may not be accommodated within the proposed scope of work, such as the collection of new data or preparation of additional technical studies. However, information requests or changes that cannot be accommodated within the scope of work and budget will be documented and recommendations will be made for future or additional work efforts. In addition, CAA will document all comments and recommendations presented at the workshops for City Council and Planning Commission information. CEQA Compliance Documentation The proposed General Plan update is a considered a "project" under CEQA. CEQA compliance documentation will be required to address the potential environmental effects of the proposed General Plan and the Coastal Land Use Plan. As no changes in land use are proposed and the City intends to largely rely on the existing elements and available information, the Initial Study for the project may support the issuance of a Mitigated Negative Declaration. This section summarizes the tasks required for the preparation of a Mitigated Negative Declaration. If significant adverse environmental effects are identified that cannot be mitigated, an Environmental Impact Report will need to be prepared. In this event, a revised scope of work will need to be prepared to accommodate this expanded work effort. Forpurposes ofthis proposal, an Initial Study/Mitigated Negative Declaration (IS/MND) is assumed to be prepared for the project which will include the following main components: Introduction/Statutory Authority Project Description Environmental Setting/Potential Project Impacts/Mitigation Measures Mitigation Monitoring and Reporting Program A screencheck copy of the proposed IS /MND will be provided to staff for review. Based on any comments on the draft IS /MND, CAA will finalize the IS /MAID document. City staff, with assistance from CAA, will prepare the proposed IS/MND distribution list. CAA will prepare all required notices with the City being responsible for any publishing costs. CAA will print and mail up to 20 copies of the proposed IS /MND for public review. CAA will prepare responses to comments received on the circulated IS/MND. It is assumed for the purposes of this proposal that approximately 5 comment letters with a total of 20 comments will require responses. Upon project approval, CAA will prepare the Notice of Determination (NOD) for City signature and file the NOD with the State Office of Planning and Research and the County Clerk's office. One copy of the Final IS/MND will be provided to City staff. Seal Beach Culbertson, Adams & Associates. Mo. Genera( Plan Update Program 11 June 12, 2002 Public Review and Plan Adoption Based on the GPAC workshops and staff review, a proposed draft General Plan and Coastal Land Use Plan will be reviewed by the Planning Commission and the City Council. The proposed scope of work provides for CAA attendance at one Planning Commission meeting and one City Council meeting. In addition, the proposed Coastal Land Use Plan will require review by the California Coastal Commission. The proposed scope of work provides for CAA attendance at one California Coastal Commission hearing. With City approval, CAA may attend additional meetings and hearings, which will be billed on a time and materials basis as set forth in CAA's Schedule of Fees. One reproducible copy of all final documents (General Plan, Local Coastal Plan, and IS/MND) will be provided to the City. In addition, an electronic copy of the documents will be provided in MS Word format to be consistent with City computer systems. Seal Beach Culheraom Adams & Associ,,W,, Inc. General Plan Update Program 12 June 12, 2002 General Plan RevimlUpdate and Local Cowal Plan Preparation Professional Services Agreement City of Seal Beach and Culbertson, Adams & Associales June 15, 2002 PART V BUDGET (INSERT PROJECT BUDGET AND "GENERAL PROVISIONS AND SCHEDULE OF FEES FOR PROFESSIONAL SERVICES, DATED JANUARY 1, 2002) 2002 GP -LCP Services Afire nt.Culbeaeon 17 ,N1�1 F V jM��ss�oss CULBERTSON, ADAMS &ASSOCIATES "V;�X'3 PLANNING CONSULTANTS General Provisions and Schedule of Fees for Professional Services Standard Billing Rates Effective January 1, 2002 Billing retas ere subject to revision effaaive January 1 ofeach year Classification Hourly Rates Principal $275.00 Principal Planner I 150.00 Principal Planner II 145.00 Senior Project Manager 135.00 Senior Planner 120.00 Engineering Coordinator 110.00 Graphics Manager 75.00 Associate Planner 75.00 Assistant Planner 65.00 General Conditions 1. Reimbursable expenses (travel accommodations including rental vehicles and regularly scheduled commercial airline flights, food and lodging, blueprinting and reproduction, delivery/ courier, supplies, extensive mailing postage, etc.) are billed at cost and are in addition to the estimated fee for the project. 2. Automobile mileage outside Orange County will be billed at $0.365 per mile. 3. Hourly rates apply to work time as well as travel time and waiting time that occurs at public hearings. Rates increase 50% for depositions or court testimony. 4. Statements will be submitted monthly for work in progress or upon completion of work. Statements are payable upon receipt. Any statement unpaid after thirty (30) days shall be subject to the maximum monthly interest charge provided by law on amounts thirty (30) days past due. If Client fails to pay Consultant within sixty (60) days after invoice is rendered, client agrees Consultant shall have the right to consider such default in payment a material breach of the entire agreement, and, upon written notice, the duties, obligations, and responsibilities of Consultant under this agreement are terminated. 85 Argonaut, Suite 220, Aliso Viejo, California 92656 -4105 • (949) 581 -2888 • Fax (949) 581 -3599 GENERAL PROVISIONS AND SCHEDULE OF FEES FOR PROFESSIONAL SERVICES (Continued) 5. Client hereby agrees that the balance in a billing statement is correct and binding unless the Client notifies the Consultant in writing within ten (10) days of the date of billing and informs Consultant of alleged incorrect item; provided however, that the foregoing shall apply only to the description of work performed as set forth in the billing statement and if after such ten (10) day period Client discovers a mathematical error in the billing state- ment, Client shall not be bound by the erroneous balance which Consultant hereby agrees to correct. 6. Consultant makes no warranty as to its findings, except that the work is performed using generally accepted methods. 7. Consultant makes no warranty that the project will be approved by any governmental agency, nor endorsed by any citizens group. 8. Client agrees to limit the Consultant's liability to the Client and to all Contractors and Subcontractors on the project due to Consultant's material, willful, and grossly negligent acts, errors, or omissions, to the sum of $50,000 or to the Consultant's fee, whichever is less. 9. In the event either party commences legal action to enforce this Agreement of the General Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the action, in addition to all other relief to which the prevailing party is entitled. 10. In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks in progress, except where a task was completed early, in which case it will be billed as if the task were complete. 11. Client agrees and concurs that Consultant is obligated to only Client to perform and/or receive direction or instructions on the project, and that Consultant is not obligated to perform and/or take direction or instructions from Client's other Consultants or Subconsultants without prior written notification and concurrence by Consultant. E a 0 a` p m a v d L d Ql 41 E a c q C F «O U C y> a r i Q a0: �d d n d N m NF fq U' O o O N CI ym a w N m ^ a C y N m b i w ^ ^ N � p a V1 �p a` » Q mw ^ a w E a c q C F «O U C y> r i Q a0: �d d n d N m NF fq U' Selection of General Plan/LCP Consultant Services City Council Staff Report June 24, 2002 Attachment 3 Preliminary scope of work for GIS services (NOT FINAL) 06,20,02 09:37 FAE 949 581 5599 COBflt1'SOF ADAMS %002 a� CULBERTSON, ADAMS &ASSOCIATES hme 20 2002 PLANNING CONSULTANTS Mr. _use Cumrrtias, A5515hmt Plarmc City of Seal Beech Development Services Department 211 Eighth Street Seal Beach CA 90740 Dear Mr. Cmnmins, Culbertson, Adams, and Associates, Im. grmtly appreciates your recommmdalion as the selected consultant to update the City's General Plan and prepare a Local Coastal Program- We are pleased to provide you with additional information co the use of geographical blormafion systems (GIS) based land resomeec assessments for this work effint. GIS can be a usdErl tool in city planning and the prcpamtion of the update to the General Plan. CAA's work proposal offns an optional task In integrate GIS based mapping and slariWCW analysts mm the General Plan Update work effort, In response m your reques4 CAA submits this optional proposal for the City's consideration. CAA will serve as the primary consultant for the project and proposes to use a sub- conmbanf to 4 provide the GIS work Attached for your review is a sulmmary proposal Earn The Keith Companies on thevaried degrees of GIS work that could be incorporated into the project. The GIS scope of work proposes three opumer of varying levels of work effort for the City's consideration. All of the options are predicated on she use of the City's existing GIS based parcel map. option I ases the City's baseline pawl map, prepares statistical summaries of the baseline information and up in three overlays of variable attributes. Option 2 takes; that baseline Information, provides up to five overlays, and adds up to few additional data Sets. Building from the data generated in Options 1 and 2, Optics 3 provides the highest level of dated and htelldea up to seven additional data sets. All of the options will provide an improved graphical picacatahon of City land use characteristics N the General Plan update. This proposal is intended to give the City a range of GIS options in considr, and 0ardrer refinements and specificity will be provided as necessary. Thad& you again for the oppurhmity to serve the City of Sat Beach If you have any questions regarding this proposal, please give me, a call. We look forward to working with the City on this project. Sincerely, CULBERTSON, ADAMS, & ASSOCIATES, INC. ect o th tMeCh nev Director of Environmental Planning Enclosure 85 Argymor, sum, 220, Ater Vieiq Cahfl i- 926564105 • 1949 %581 -2888 •Far(949)Set -3599 06/20/02 09:37 FAX 999 $61 3599 CfrBFR750D s ®003 • The KniLn CompeeiCe MC To: Culbertson. Ade a & Awns h% Flom: Todd WiLwn, S+ v vend Mapp4g Date: Jane 20. 2002 Re: SEAL BEACH GENERAL PLAN G.I.S. MAPPNO GEOGRAPHIC INFORMATION SYSTEM preliminary Scope of work A Seal Beach City wide parcel level based G.L& can be used to help bring the extent of management and planning issues to a required level of understanding. Ibis G.I.S. can be used to query large data sea for selective analysis of qualifying criteria Clarifying evidence of geographical panems may dictate the use of certain development permits and management options. Mapping, Creation and Analysis: ��..����yy��,,,��,, Considering all digital line work would be based on and referenced to an extstmg parcel level G.I.S data set analysis of multiple theme [naps may focus on the query selection and spatial analysis of County or City generated parcel level data representing land use descriptions, future requirements, preferred land use. zoning code, acreage, parcel product type, assessors parcel number, and other ordinal and statistical variables. Existing and conceptual boundaries based on hazardous areas, parks and recreational use, educational 18cilides and grounds, and other generalized regions ofsigmEcance. Transportation circulation, natural resoutces and private land holdings may all so be included as a layer of data allowing for analysis of multiple layers of data. 00/20/02 09:30 Fax 949 501 3599 _ CCIBF7rfSOF iDANS IA004 ® Large amounts of information can be associated to these digital features *rangb their respecdve attribute table spreadsheets. This information may include coiomn titles such as date. desaiptio% source, cost, jurisdiction, parcel number, status, type, elevation, size, idmurIcarma and location. Spreadsheets of updated information can be joined to an existing attribute table using a common field or colurnin of information referred to as a "key field ". Attributes representing these data sets may need to be populated with descriptive information and or licked to existing spreadsheets. Existing flat maps may need to be referenecd to transform their features into a digital format OPTION I • Analyzing parcel level data and performing queries based on two or three variable attribme$ to map geographical patters, attribute relationships and data subsets that fulfill specified requirements. Spatial, statistical and ordinal variables will be analyzed based on given parameters in reference to the parcel land base dale set • This may indode S plots at 36x50 at a variety of scales and 11x17 exhibits with database summary sheets referencing attribute variables. Estimated value for scope; S6,000 to S7,500 over approximately one and half months time. OPTION 2 Analyzing parcel level data and performing queries based on three to five variable attributes to map geographical patters, attribute relationships and data subsets that fulfill specified requirements. Spatial, statistical and ordinal variables will be analyzed based on given parameters in reference to the parcel land base data se. These attributes can be summarized based on other features and data sets for modeling land use plans. • Digital input of a flew data seer such as local boundaries, transportation corridors, or single point locations for proximity studies; including spatial analysis of these data sets in conjunction with the land base parcel Ilya. • This may include 10 plots at 36x50 at a variety of scales and 11x17 exhibits with database summary sheets referencing attribute; variables. Estimated value for scope; 57,000 to S10,0oo over approximately one and half month to two months time - • 11 00/20/02 09:38 FAX 940 801 3599 Cu1.9®rt5alr dpi 'acts OPTION 3 • Analyzing parcel level data and performing queries based on three to five variable armholes to map geographical patters, attnbute relationships and data subsets that fulfill specified requirements. Spatial, statistical and ordinal variables %-ill be analyzed based on given parameters in reference to the parcel land base data set These attnbutm can be summarized based on other features and data sets for modeling land use platys. • Digital input of a five to seven data sets such as local boundaries, transportation corridors, or single point locations for proximity studies; including spatial analysis of these data sets it junction with the land base parcel layer. • This may include 20 plots at 36x50 at a variety of scales and, l lxl7 exhibits with database summary sheets referencing attribute variables. Estimated value for scope; S10,000 to S13,000 over approximately two month to two and balfmouth lime. Creation and analysis time may depend on due number of attribute variables. • Costs estimate based on a parcel lad base of 25,000 acres. Please feel floe to contact me for fouler clarificanon. and thank you for your consideration. Sincerely, TtW KP1TH COMPANIES Todd Wilson G.LS. AnalysdSurvey Analyst Surveying and Mapping Ph. (714) 641-4249 fax. (714) 668 -7188 E. todd.wilsom@keithco.com Im