Loading...
HomeMy WebLinkAboutConsent Calendar #5 7-6-87CONSENT CALENDAR NO. 5 7-6-'87 Inter--Corn TO: FROM: SUBJECT: ~ILLIAN HUSTO#, ClT~,I~A~ER COHNJNITY DEVELOPflEIITDEPARTIqENT APPROVAL OF CONTRACT FOR EIR CO#SULTANT SERVICES SNI DIEGO PIPELI#E EXPA#SIO#/RELOCATIO# RECOI~IENDED ACTION: Ctty Counct] approval of EIR consultant servtces for the San Dtego Ptpeltne Expansion/Relocation project. BACKGROUND: The Ctty Counctl at 1ts meettng of March 25, 1987 authorized staff to tntttate preparation of a franchise agreement to the San Dte9o Ptpeltne Company (SDPC) for the installation, operation and maintenance of t~o pipelines within the publtc right-of-way. The approval of the franchise a~reement, a discretionary action, requires compliance with the California Environmental Quality Act (CEQA). CEQA required that an Environmental Initial Study be completed to significant environmental Jmpacts of the proposed project. the draft Initial Study by this Depart~aent, it was EnVironmental Impact Report (EIR) for the project was adequately evaluate potential adverse impacts and to measures necessary to lessen or avoid such impacts. determine potential Upon completion of determined that an necessary to more tdenttfy ndttgatton The Community Development Department requested Information and Initially contacted approximately 15 companies wtth specialized sktlls in preparation of EIRs on ptpellne Installation or relocation. Based on thts tntttal contact, a request for a proposal for preparation of the subject EIR was sent to four (4) ftrms. After careful evaluation of proposals recetved from each ftrm and a confirmation check of all references, the firm of LSA was selected to prepare the EZR for the extension/relocation of the San Diego Ptpeltne through Tustln. LSA's proposal was very comprehensive, wtth a strong scope of work and one of the lowest bids at $39,000. Proposals were also received from ERT, Bechtel and Westec Services. Pursuant to the City's planning fee structure the cost of the EIR is the responsibility of the applicant. San Diego Ptpeline Company has already submitted a check for said services which is on ftle with the Finance Department. A Trust Agency Account will be established so that the Community Oevelopment Department can draw funds to pay for Consultant's monthly invoices. Ctty Counctl Report San Diego Pipeline Consultant Services - July 6, 1987 Page ~vo The contract stgned by. LSA ts attached for your revtew. It ts the Ctty's standard contract for consultant servtces previously approved by the Ctty Attorney's offtce with'respective exhtbtts (Exhtbtt A t~cludes the Scope of ~ork and the Schedule of Performance, Exhtbtt B tncludes Spectal Contract Requirements and Exhtbtt C the Schedule of Compensation). Additional Information on LSA's experience and background are available at the Community Development Department. Staff is prepared to answer any questions regarding CEQA guidelines, the consultant selection process or contract provisions contained in the attached contract. Planner PM:per Attachments: Contract and Exhtblts Community DeveloPment DeparTment CONTRACT SERVICES AGREF~ENT THIS AGREEHENT FOR CONTRACT S£RVICES (herein "Agreement"), ts made and entered into by and be~een the CITY OF TUSTIN (herein "Ct~"), a municipal corporation and LSA Associates. I .~nq.... (herein "Contractor"). The parties, hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance wtth all terms and conditions of thts Agreement, the Contractor shall provtde those servtces specified tn the "Scope of Services" attached hereto as Exhtbtt "A" and Incorporated herein by thts reference, whtch servtces may be referred to heretn as the "services" or "~ork" hereunder. Contractor warrants that all servtces wtil be performed tn a competent, professional and satisfactory manner tn accordance with the standards prevalent tn the industry. 1.2 Contractor's Proposal. The Scope of Servtces shall tnclude the Contractor's proposal or btd whtch shall be tncorporeted herein by this reference as though fully set forth herein. In the event of any Inconsistency be~een the ter~s of such 'preposal and thts Agreement, the terms of thts Agree~mp__nt shall govern. 1.3 'Compliance with Law. All services rendered hereunder shall be provtded in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City of Tusttn and any Federal, State or local governmental agency of competent jurtsdtctJon. 1.4 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services requtred by this Agreement. .1.5 Familiarity with Work. By executing this Contract, Contractor warrants that (a) he has thoroughly investigated.and considered the work to be performed, (b) he has investigated the site of the work and fully acquainted himself with the conditions there existing, (c) he has carefully considered how the work should be performed, and (d) he fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, he_ shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional servtces wtthout compensation. Any addttton tn compensation not exceedl.ng ten percent (10~) of the Contract sum may be . approved by the Contract Officer. Any greater tncrease must be approved by the Ctty I~anager. 1.8 Spectal Requirements. Additional terms and conditions of thts Agreement, tf any, whtch are made a part hereof are set forth tn the "Special Requirements" attached hereto as Exhtbtt "B" and Incorporated heretn by thts reference. In the event of a confltct between the provisions of Exhtbtt "B" and any other provisions of thts Agreement, the provisions of Exhtbtt "B" shall govern. 2.0 COMPENSATION 2.1 For the servtces rendered pursuant to thts Agreement, the Contractor shall be compensated tn accordance wtth the "Schedule of Compensation" attached hereto as Exhtbtt "C" and Incorporated heretn by thts reference, but not exceeding the muxlmum contract amount of $38~000 (heretn "Contract Sum"). The method of compensation may Include a lump sum. payment upon completion, payment tn accordance with the percentage of completion of the services, payment for time and materials based upon the Contractor's rates as specified tn Exhtbtt "C", but not exceeding the Contract Sum, or such other methods as may be specified tn the Schedule of Compensation (Exhtblt "C"). Compensation may tnclude reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, premtums for bonds and Insurance, and stmtlar costs and expenses when and tf specified tn the Sche~dule of Compensation (£xhtbtt 2.2 Hethod of Payment. Any month tn whtch Contractor wishes to ~ecetve payment, no later than the ftrst (1st) working day of such month, Contractor shall submit to the City tn the form approved by the Ctty's Director of Finance, an invoice for services rendered prior to the date of the Invoice. Ctty will pay Contractor for all expenses stated thereon which are approved by Ctty pursuant to this Agreement no later than the last worktng day of satd month. 3.0 PERFORMANCE SCHEDULE 3.1 Ttma of Essence. Agreement. Ttme Is of the essence tn the performance of this 3.2 Schedule of Performance.* All services rendered pursuant to thts Agreeman~ shall be performed within the time period established tn the "Schedule of Performance" attached hereto as Exhibit "O" and incorporated herein by thts reference. Extensions to the ttme period specified tn the Schedule of Performance may be approved In wrtttng by the Contract Officer. 3.3 Force Majeure. The'time pertod specified tn the Schedule of Performance (Exhtbtt "0") for performance of the services rendered to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, Including, but not restricted to, acts of God or of the public enemy, acts of the Government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency, and unusually severe weather If the Contractor shall within ten (10) days of the commencement of such delay notify the -Contracting Officer 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 tn his Judgment such delay is justified, and the Contracting Officer's determtnatto~ shall be ftnal and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier termtnatad In accordance wtth Sectton 7.5 of this Agreement, this Agreement shall continue in full force and effect until ¢o~letion of the services but not exceeding one {1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.! Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act In its behalf with respect to the work specified herein and make ail decisions in connection therewith: Les Cardt Principal~ LSA Associates. Inc. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a, substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor without the express written approval of City. -5- 5.0 4.2 Contract Offtcer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, 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 the_ City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. 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 with only such obligations as are consistent with that role. 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 Ct ry. INSURANCE, [NDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage Insurance against all clatms for tnjurtes against persons or damages to property resulting from Contractor's acts or omissions rtstng out of or ~elated to Contractor's performance under thts Agreement. Contractor shall also carry Norkers' Compensation Insurance tn accordance with State Norkers' Compensation laws. Such Insurance shall be kept in effect during the term of th~s Agreement and shall not be cancellable without thtrty (30) days' wrttten nottce of proposed cancellation to Ctty. A certificate evidencing the foregoing and namtng the Ctty. as an addJtlonal insured shall be delivered to and approved by the Ctty prlor to commencement of the services hereunder. The procuring of such Jnsurance of the delivery of pollctes or certificates evidencing the same shall not be construed as a llmttatton of Contractor's obligation to Indemnify the Ctty, 1ts contractors or employees. The amount of Insurance required hereunder shall include comprehensive general 11ab111ty, personal ~njury and automobile 11ability with 11mtts of at least $1,000,000 combtned single lJmtt per occurrence and professional l~ab111ty coverage wtth 11mtts of at least $500,000 combined stngle 11mtt per occurrence. 5.2 Zndemntftcatton.' The Contractor shall defend, Indemnify and hold harmless the City, 1ts offtcere and employees, from and agatnst any and all acttons, sutts, proceedings, clatms, demands, losses, costs, and expenses, Including legal costs and attorneys' fees, for tn~ury to or death of person(s), for damage to property (Including property owned by the Ctty) and for errors and omissions committed by Contractor, 1ts officers, employees and agents, artstng out of or related to Contractor's performance under this Agreement, except for such loss as way be caused by Ctty's own negligence or that of 1ts offtcers or employees. 5.3 Perfomance .Bond. Concurrently wtth executt.on of thts Agreement, Contractor shall deliver to Ctty a performance bond In the penal sum of the amount of thts Agreement, tn the form provided by the Ctty Clerk, whtch secures the fatthful performance of thts Agreement, unless such requirement ts watved by the Contract 0fftcer. The bond shall contain the ortg~nal notarized signature of an authorized offtcer of the surety and affixed thereto shall be a certified and current copy of hts power of attorney. The bond shall rematn tn force durtng the enttre term of the Agreement and shall be null and void only If the Contractor promptly and faithfully performs all terms and conditions of thts Agreement. 6.0 RECORDS AND REPORTS 6.1 Reports. Contractor shall periodically prepare and submtt to the Contract Officer such reports concerning the performance of the servtces required by thts Agreement as the Contract Offtcer shall requtre. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services requtred by thts Agreement and enable the Contract Offtcer to evaluate the performance of such services. The Contract Offtcer shall have full and free access to such books and records at all reasonable times, including the rtght to tnspect, copy, audtt and make records and transcripts f'rom such records. 6.3 O~nershtp of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor In the performance of thts Agreement shall be the property of Ctty and shall be delivered to City upon request of the Contract Offtcer or upon the termination of thts Agreement, and Contractor shall have no c]atm for further employment or additional compensation as a result of the exercise by Ctty of 1ts full rtghts of ownership of the documents and materials hereunder. Contractor may retatn coptes of such documents for 1ts o~n use. --8-- it shall have an unrestricted rtght to use the concepts e~bodted therein.' 6.4 Release of Oocueents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor tn the performance of servtces under thts Agreement shall not be released publlcly wtthout the prtor wrttten approval of the Contract Off~cer. 7.0 ENFORCEMENT OF AGREEMENT 7.! ' Callforn1~ Lay. Thts Agreement shall be construed and Interpreted both as to valtdtty and to performence of the parttes tn accordance wtth the laws of the State of California. Legal acttons concerning any dtspute, clatm or matter artstng out of or In relation to thts Agreement shall be Instituted tn the Supertor Court of the County of Los Angeles, State of California, or any other appropriate court tn such county, and Contractor covenants and agrees to subatt to the personal jurisdiction of such court tn the event of-such actton. 7.2 0tsputes. Zn the event of any dtspute artstng un,er thts Agreement, the tnjured party shall nottfy the lnJurlng party tn wrtttng of 1ts contentions by subwitttng a clatm therefor. The tnjured party shall conttnue performing 1ts obligations hereunder so long as the ln~urlng party cures any default wtthtn ntnety (90) days after service of the nottce, or tf the cure of the default ls commenced wtthtn thtrty (30) days after servtce of satd nottce and ts cured wtthtn a reasonable ttme after commencement; provtded that tf the default ts an Immediate danger to the health, safety and general welfare, the Ctty may take Immediate actJon under Sectton 7.S. Compliance wtth the provisions of thts Sectton shall be a condition precedent to any legal actton, and such complJance shall not be a watver of any party's rtght to take legal actton In the event that the dtspute Js not cured. 7.3 gatver, go delay or omlsston in the exerctse of any rtght or remedy of a nondefaulttng party on any default shall Impair such rtght or remedy or be construed as'a watver. Ctty's consent or approv&l of any act by Contractor requiring City's consent or approval shall not be deemed to watve or render unnecessary Ctty's consent to or approval of any subsequent act of Contractor. Any watver by either party of any default must be tn ~rtttng and shall not be a ~atver of any other default concerning the same or any other provision of thts Agreement. 7.4 Rt~hta and Remodtes are Cumulative. Except wtth respect to rtghts and remedtes expressly declared to be exclusive tn thts Agreement, the rtghts and remedies of the parttes are cumulative and the exerctse by etther party of one or more of such rtghts or remedtes shall not preclude the exerctse by It, at the same or different ttmes, of any other r~ghts or remedtes for the same default or any other default by the other party. 7.5 Legal Actton. In addttton to any other rtghts or remedies, etther party ;ay take legal actton, tn law or tn equtty, to cure, correct or remedy any default, to recover damges for any default, to co;pel spectftc performance o.f thts Agreement, to obtatn Injunctive reltef, or to obtain any other remedy consistent wtth the purposes of thts Agreement. 7.6 Liquidated Oama~es. $tnce the deteratnatton of actual damages for any delay tn perforaance of thts Agreement would be extremely difficult or Impractical to determine In the event of a breach of thts Agreement, the Contractor and 1ts surettes shall be 1table for and shall pay to the Ctty the sum of $ 0 as liquidated damages for each worktng day of delay tn the perforaance of any servtce requtred hereunder, as specified ~n the Schedule of Performance (Exhtbt: "0"). The Ctty may wtthhold from any montes payable on account accrued liquidated damages. of servtces performed by the Contractor any -10- 7.7 Termination Prior to Expiration of Term. The City reserves the rtght to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where ~ermtnation is due to the fault of the Contractor: and constitutes an immediate danger to the heal. th, saf. ety and general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for .all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "C") or such as may be approved by the Contract Officer. 7.8 Termination for Default of Contractor. If termination is due to the failure of the 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 the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mtttgte such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees. If either party commences .an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. -11- 8.0 CITY OFFICERS AND EMPLOYEES; NON DISCRIMINATION 8.1 Non-ltabtllt~ of Ctt~ Offtcers and Employees. No officer or employee of the Ctty shall be personally ltable to the Contractor, or any successor ~n ~ntarest, ~n the event of any default or breach by the Ctty or for any amount which may b*ecome due to the Contractor or to ~ts successor, or for breach of any obligation of the terms of th~s. Agreement. 8.2 Conflict of IntePest. No officer or employee of the Ctty shall have any personal tntarest, d~rect or Indirect, ~n th~s Agreement nor shall any such officer or employee participate ~n any decision relating to the Agreement whtch affects hts personal ~nterest or the Jnterest of any corporation, partnership or association ~n which he ts, dtrectly or ~nd~rectly, Jnterested, ~n violation of any State statute or regulation. The Contractor warrants that ~t* has not pa~d or given and w~ll not pay or g~ve any thtrd party any money or other cons~deret~on for obtaining thts Agreement. 8.3 Covenant a~a~nst Discrimination. Contractor covenants that, by and for ~tself, 1ts hetrs, executors, assigns, and ali persons cla~m~ng under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national or~g~n, or ancestry tn the performance of th~s Agreement. Contractor shall take affirmative actton to ~nsure that applicants are employed and that employees are treated during employment w~thout regard to thetr race, color, creed, religion, sex, marttal status, naUonal orlgtn, or ancestry. -12- 9.0 HISC£LLAN£OUS PROVISIONS 9.1 Nottce. Any notice, demfld, request, consent, approval, commuflicatton either party desires or is required to give to the other party or any other person shall be tn writing and~ either served personally or sent by pre-paid, first-class mll to ~he address set forth below. Either party my change its address by notifying the other party of the change of address in vmtting. Notice shall be deemed communicated in forty-eight (48) hours from the time of matllng if matled as provided in this Section. To City: CZTY OF TUSTIN 300 Centennial gay Tusttn, CA 9Z$80 Attention: Contract Officer Christine Shtngleton, Dtrector of Community Development TO CONTRACTOR: Attn: Robert Balen LSA Associates, Inc. I Park Plaza Suite 500 Irvine, CA 92714 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. g.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. -13- 9.4 Severabtltty. In the event that any one or ~ore of the phrases, sentences, clauses, paragraphs, or sections con'talned In this Agreement shall be declared tnvalld or unenforceable by a valtd Judgment or decree of a court of competent jurisdiction, such Invalidity or unenforce&bt1~ty shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which shall be interpreted to carry out the intent of the parties hereunder. 9.5 Corporate AuthoritY. The persons executing this Agreement on behalf of the.parties hereto warrant that they are duly authorized to execute this Agreement on behalf of satd parttes and that by so executing this Agreement the parties hereto are formally bound to the provisions of tht's Agreement. [N W[TNESS WHEREOF the parties-have executed this Agreement as of the dates stated below. CZTY OF TUSTZN DATED: June, 26, 1987 City Manager, City of Tusttn APPROVED AS TO FORM: JAMES G. ROURKE CONSULTANT City Attorney -14- EXHIBIT A SCOPE OF' ~ SAN DIEGO PIPELINE RELOCATION PRO,1ECT ENVIRONHENTAL IHPACT REPORT PROFESSIONAL SERVI. CES PROPOSAL CITY OF TUSTIN PREPARED BY LSAAssociates, Inc. 1 Park Plaza, Suite 500 Irvine, CA 92714 Revised ~une 25, 1987 Environmental Assessment Transportation Engineering Resource Management Community Planning Enwronmental Restoration 'June 3, 1987 Ms. Christine Shingleton Director of Community Development, City of Tustin 300 Centennial Way Tustin, CA g2806 SUBJECT: PROPOSAL FOR EIR - SAN DIEGO PIPELINE RELOCATION PROJECT Dear Ms. Shingleton: LSA is pleased to submit this proposal to provide environmental consult- ing services to produce an Environmental Impact Report for the proposed relocation of the San Diego Pipeline through the City of TustinJ Our pro- posal includes an outline of the environmental topics to be covered in the EIR, a scope of work, a schedule of work, proposed cost and a statement of qualifications. We have also attached a list of relevant projects recently completed .by LSA which shows our proven capabilities for taking on this work. In addition, other attachments include a client reference list and resumes of key personnel who would work on this project. LSA has a reputation earned over the past ten years for providing thor- ough, unbiased, and legally defensible environmental impact assessments for projects throughout California. Recent projects which LSA has successfully completed include very controversial projects in urban settings such as Tustin. LSA has taken a straightforward approach to these EIRs, and has pre- sented a full assessment of the impacts, possible mitigation for identified impacts, levels of impact after mitigation, and realistic project alterna- tives and their anticipated impacts. These projects are described in the attachments. LSA's experience handling controversial projects in Tustin and surround- ing cities, and our demonstrated experience with environmentally sensitive projects, makes LSA uniquely qualified to prepare a through, well documented EIR which focuses on the issues important to the relocation of the San Diego Pipeline. Z ] Park Plaza, Suite 500 · Irv~ne California 92714 · (714) 553-06::.,5 _ :? Park Place · Pt Rithmon,:: Cai~fornia g480! * (415) 236-6~i0 Please review the attached proposal. We are excited by this project, and look forward to the challenge that is inherent in it. If you desire any additional information, please do not hesitate to call me at {714) 553-0666. ~ ? ~' Project Manager RB/cc(ZZZ708A) Attachments: Proposal TABLE OF CONTENTS Paqe INTRODUCTION ......................................................... 1 CONSULTANT TEAJ~I CAPABILITIES ......................................... 4 SCOPE OF WORK ........................................................ 8 Task I - Project Definition ..................................... 8 Task 2 - Research and Analysis .................................. 8 Task 3 - Preparation of the Screencheck EIR ..................... 8 Task 4 - Preparation of the Draft EIR ........................... g Task 5 - Preparation of Response to Comments .................... g Task 6 - Attendance at Public Hearings {optional) ............... 9 Task 7 - Certification Documents ................................ Task 8 - Project Status Meetings and Status Reports/ Project Management .................................... g DETAILED INVESTIGATIONS .............................................. 10 FEE AND CONTRACT PROVISIONS .......................................... 15 PROJECT SCHEDULE ..................................................... 15 PROJECT PROPOSAL BUDGET .............................................. 16 PROJECT SPONSOR RESPONSIBILITIES AND COMMENTS ........................ 17 APPENDIX LSA Statement of Qualifications Client References LSA Resumes of~Participating Personnel Enersource Engineering Qualifications Enersource Engineering Resumes of Participating Personnel Standard Contract Provisions/Billing Rates (REVISED) SAN DIEGO PIPELINE PROJECT ENVIRONMENTAL IMPACT REPORT PROFESSIONRL SERVICES PROPOSAL CITY OF TUSTIN INTRODUCTION The following proposed scope of services has been designed to provide the City of Tustin with an Environmental Impact Report (EIR) for the proposed relocation of the San Diego Pipeline. LSA Associates, Inc., in association with Enersource Engineering, is exceptionally qualified to prepare the tech- nical studies and environmental analysis to comply with the California En- vironmental QualitY Act (CEQA) to complete a Final EIR for this project. LSA has reviewed the "Environmental Assessment" prepared by the San Diego Pipeline Company in preparation of this proposal. Many questions of concern to local agencies regarding the effects of the proposed construction of the pipeline are only partially answered in the document. The scope of the report is for the entire pipeline project from Lakewood to San Diego, and does not include the level of detail on such topics as traffic circulation disruption during construction, the effect on water courses crossing the pipeline during and after construction, and emergency procedures and respon- ses, which should be addressed at the local level. Other potential effects briefly discussed at the regional level include: pipeline monitoring, cor- rosion factors, administrative control procedures, potential soils contamina- tion, potential stream, river and'water body contamination, and air quality. City by city and subregional effects are not covered by this report. Local impacts and recommended mitigation measures are not presented or discussed in the "Environmental Assessment - San Diego Pipeline Expansion Project: {no date). The EIR will be prepared with a level of detail, content and format which will meet all requirements of CEQA and the State CEQA Guidelines as most recently interpreted by The Resources Agency, the legislature and the courts. Completion of the services outlined in this proposal will provide an environmental document which is sensitive to the issues relative to the pipeline relocation project within the City of Tustin in a comprehensive, technically accurate and easily understood format. Issues of local concern will be highlighted in the document in light of the recent pipeline failure, which has raised controversy about the project. Carollyn Lobell, Environmental Services Director, LSA, will serve as Project Director for the EIR, with Robert Balen as Project Manager. LSA has an in-house environmental specialist, Amy Rudell, who will coordinate the technical studies identified in the Scope of Services and prepare the related sections of the EIR. Additional LSA staff from our Southern California office will provide assistance on an as-needed basis in the following areas: Karen Kirtland - biology for San Diego Creek and environs. Jill Wilson -technical research for air contamination, soils contamina- tion, risk of upset. Deborah Baer - general research. {Please see the Organizational Chart on the next page.) Enersources Engineering is to provide the technical expertise necessary to evaluate the pipeline project. Mr. George Ramsey is Project Manager in charge of Enersource Engineering efforts for this project. Mr. Ramsey will be assisted by Mr. Robert Martin and by Mr. John Gray, an alignment feasibil- ity expert and a mechanical engineer, respectively. CONSULTA~(T TEAJ( CAPABILITIES The proposed consultant team consists of two' firms who are capable of working very effectively as an integrated team. LSA will serve as the lead consulting firm, with Enersources supporting LSA in the areas of pipeline engineering, air quality, soils, geology and hazardous materials, and hydrol- ogy. LSA is a diversified environmental, transportation, and community plan- ning organization with full service offices in Irvine and Point Richmond, California. The staff at LSA includes planners and engineers with expertise in environmental, land use and transportation projects, archaeologists, vege- tation and' wildlife management specialist, civil and traffic engineers, air quality and hydrology specialists and professional foresters. We are recog- nized as innovators in the field of environmental impact a.ssessment, and we have developed a reputation among clients and professional peers as being thorough, innovative and objective. LSA has prepared several hundred EIR/EIS documents since its founding in 1976. We are thoroughly familiar with the California Environmental Quality Act {CEQA) and the National Environmental Policy Act (NEPA) processes. This expertise includes coordination with.local, State, federal and other govern- mental agencies, managing public participation programs, issuing necessary lpgal notices, and incorporating the document into the overall planning process. It is LSA's basic philosophy that impact reports should serve as vehi- cles for the integration of environmental concerns into project planning. Towards this aim, LSA concentrates on the assessment of impacts early in the project planning process. LSA also emphasizes development of feasible miti- gation measures. Mitigation measures must be specific and carefully tailored to the individual project and its surrounding conditions in order for them to be as effective as possible. We believe that mitigation measures should serve as mechanisms for problem solving, and that problem solving is primary to our role as a consultant. The combined capabilities of LSA and Enersources Engineering offer the City of Tustin a team well equipped to handle all aspects of the San Diego Pipeline relocation project. The following attributes support our team's suitability for this project: Relevant experience Efficient organization Objectivity The individual consuitants assigned to this project have experience relevant to the proposed project. This experience greatly enhances their ability to successfully perform their assigned project tasks within the timeframe desired by Tustin and the pipeline company. Mr. Balen, Project Manager, is intimately familiar with the community of Tustin and the opera- tion and available resources of the City of Tustin. Mr. Balen received his Masters Degree in Community and Regional Planning from the University of Texas at Austin. Mr. Balen has supervised CEQA processing and has acted as project manager for various EIRs for three California jurisdictions over the past nine years, including the City of Tustin as interim Community Develop- ment Director for a period of four months. Mr. Balen is currently Project Manager for two EIR projects in Tustin - the North-South Road EIR and the Myford Road Extension EIR. Mr. Balen and LSA bring a local presence and knowledge of local conditions to the project. Ms. Rudell, Project Manager, has worked on numerous energy related developments throughout California. Ms. Rudell also has extensive experience in providing environmental consulting services to oil/energy industry cli- ents. Ms. Rudell received her B.A. from the University of Puget Sound in Environmental Studies and has taken graduate course work towards her M.A. in Environmental Policy. Related projects have included: managing an Applica- tion for Certification for a 385 MW cogeneration facility, preparing a feasi- bility study which assessed various alternative fuels for the State of Ha- waii, preparing environmental documentation for a geothermal power plant in Eastern California and on the island of Adak, Alaska, and providing permitt- ing assistance for a 250 MW cogeneration facility. The above projects have encompassed pipeline developments and pipeline related issues and, thus, Ms. Rudell is familiar with the unique environmental issues and concerns relevant to pipeline projects. In addition to Ms. Rudell's technical and management capabilities, she also has experience in serving as a full time environmental consultant to the Atlantic Richfield Company. Ms. Rudell was responsible for coordination of all environmental permits for the ARCO Watson 385 MW Cogeneration Facility. Ms. Wilson has recently performed an environmental assessment of pro- posed construction of residential units on a landfill site, With similar ground, groundwater, and air contamination problems and land use issues as may be present for the proposed pipeline project. The staff assigned to the various discipline areas are well developed in their respective areas of expertise. Each individual is capable of providing services ranging from an overview of the issues to a full scope analysis. This flexibility allows for the accommodation of unexpected issues should they arise. The consultant team organization is designed to maximize effective communication between the consultant team and the client. Mr. Balen, Project Manager, will serve as the focal point for all communication between the consultant team ,and the client. The Project Director, Ms. Lobell, will consult on specific environmental and CEQA issues, and the project team will provide the necessary technical support. Our team organizational structure is not only efficient from an communication standpoint, but ~s also cost effective. The structure provides exceptionally qualified personnel, augmen- ted by advisors with senior level experience. Enersource Engineering, established in 1981, provides professional engineering services to the pipeline, refinery, cogeneration and power sys- tems industries. Mr. George Ramsey, Project Manager for the San Diego Pipe- line Project, is a Registered Mechanical Engineer and Certified Hydrostatic Pipeline Tester. Mr. Ramsey has extensive experience with pipeline cer- tification, review of safety documents and procedures, monitoring and testing methodology, and EIR data base preparation. As Project Manager for Enersource Engineering, Mr. Ramsey brings espe- cially relevant experience to the job with his role in the certification of pipelines. Mr. Ramsey's knowledge of the safety and monitoring needs of these underground lines; in light of potential impacts in an urban setting, would benefit the environmental documentation proposed for the City of Tustin. Mr. Robert Martin has been added to the project team for Enersource Engineering to assist with alternative route feasibility analysis and review of the City's Franchise Agreement to review the possible requirements of the City in the following areas: periodic system testing, continuous monitoring, emergency preparedness, emergency business plan, periodic pipeline status re- ports, regulatory code compliance, and revenue production to the City. Mr. Martin has 26 years experience in alignment feasibility studies, government permitting, and the design and construction of pipelines. Mr. John Gray is also a member of Enersource Engineering's team. Mr. Gray, Project Engineer, has the following EIR related experience: Elk Hills Pipeline, Bakersfield - Project Engineer for supervisory control and leak system for 180 miles of pipeline and three pump stations - information used to formulate EIR data base; U.S. Navy, Oxnard - preliminary engineering study and EIR data base for 84 mile pipeline; Marine Terminal, Ventura County- preliminary engineering and data base for six alternative terminals; Arco, Watson ~ engineering/design for Arco to Southern Pacific Pipeline transfer pipeline. SCOPE OF WORK We have divided the work into seven tasks. Each task is described below and reflected in the Project Proposal Budget on page 16. LSA and our subcon- sultants are prepared to begin work immediately on the following scope of work within the timeframe established in the schedule on page 15. Task 1 - Project Definition Subsequent to authorization to proceed, LSA will meet with City staff to determine specific issues and areas of concern outlined in an Initial Study (IDS.). The I.S. will be revised to conform to CEQA Guidelines, if neces- sary, {optional). In addition, LSA will prepare the Project Description and Notice of Preparation for the City to distribute by m~il (optional*). These optional tasks are noted at the bottom of the budget sheet as a separate item. LSA and Enersource Engineering will review the draft Initial Study and revise the scope, as necessary. Revisions to the scope of services will be made if additional studies are needed.' LSA will determine the range of sup- plemental information necessary to provide a document with the most current data available. Task 2 - Research and Analysis The project team will assemble all pertinent data essential for prepara- tion of the EIR. This task will consist of reviewing applicable existing documents including the City's General Plan, Land Use Element, related traf- fic studies, related EIR's, and project specific information outlined later in this proposal. This task will include the analysis of technical studies relating to environmental effects and pipeline safety procedures/construction techniques. The focused studies are described in the Detailed Investigations on page g. Task 3 - Preparation ofthe Screencheck EIR LSA will prepare an Administrative Screencheck EIR document {five copies) for City staff review. The document will contain all applicable environmental components required in an EIR by CEQA, with the exception of the summary, which will be prepared subsequent to staff review. Environmental Issues. Project specific and cumulative, impact assess- ments of increased noise, air quality impacts, traffic, land use, geology and soils and service impacts will be discussed, using CEQA formats. Mitigation for each significant impact will be described and discussed. Alternatives Analysis. As required by CEQA, a range of alternatives will be discussed. We will discuss reasons for rejection of other alterna- tives, and the advantages, disadvantages and different environmental effects of each alternative, making comparisons to the proposed project. Additional Environmental Section~. Additional sections will include cumulative and Growth Inducing Impacts, the Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement of Long-Term Productivity, and 'Significant Irreversible Environmental Changes Resulting From The Proposed Action. Task 4 - Preparation of the Draft EIR Following receipt of comments from City staff on the Screencheck EIR, we will make necessary revisions to the EIR and supporting technical studies conforming to CEQA requirements. It is anticipated that one thorough and one cursory review will be performed by City staff prior to preparation of the Final EIR. The Draft EIR will include a Summary of Impacts and Mitigation. Thirty-five copies of the DEIR will be furnished to the City for distribu- tion. Task 5 - Preoaration of Resoonse to Comment~ LSA will prepare responses to all comments received on the EIR. We will closely coordinate our responses with Public Works and Community Development staff to assure proper response in a timely manner. Task 6 - Attendance at Public Hearinq~ LSA will attend up to three City public hearings and one scoping ses- sion. Should additional public hearings be required, LSA will bill on a time-and-materials basis, according to our rates attached as "Standard Con- tract Provisions". Should additional meetings be required, LSA will bill on a time-and-materials basis according to the contract provisions and billing rates in the appendix of this proposal. Task 7 - Certification Document~ LSA will prepare certification reports, resolutions and Statement of Overriding Consideration for use by the Planning Commission and City Council. Task 8 - Pro~ect Status Meetinas and Status Reoorts/Pro~ect Manaaement LSA team members will attend up to five meetings with City staff to review project status. The first meeting will be held to discuss the Project Definition as identified in Task 1. To further enhance project management and to keep lines of communication open, LSA will prepare a weekly Status Update Memo. This short report will include: Weekly progress. Confirmation of any discussions with City staff or the applicant. Brief descriptions of project components. Brief discussion of key project decisions. Report on completion schedule. In addition, LSA has included appropriate time for senior project man- agement personnel to ensure schedule compliance, proper project documentation and an overall strong management presence. DETAILED INVESTIr~ATIONS The project team will perform several detailed studies as necessary to accomplish Task 2 {Research and Analysis) and Task 3 (Preparation of Screen- check Environmental Impact Report) indicated in the Scope of Services. These detailed investigations have been identified as having the potential for adverse impacts with the proposed pipeline project. The outline below il- lustrates the approach, essential data, and anticipated products that will evolve from each detailed investigation. Land Use Document existing land uses for the designated study area surround- ing the pipeline route. Analyze the effect of the pipeline on land uses within and adjacent to the pipeline route. Bioloq~ Noise Discussion of land use effect will include'comparison with plan consistency, land use compatibility, and probable overall effect on development opportunities. Mitigation measures will be recommended to reduce the effect on land use. These measures will be similar to design concepts. Such concepts as setback requirements, buffers and screening will be proposed and, where applicable, illustrated in graphic form. Review literature to determine the biology along the proposed pipe- line route. Conduct a limited field survey of the proposed pipeline route, with special emphasis on the San Diego Creek, Utilize the information provided by the above tasks, and prepare a discussion on the biological impacts of the proposed pipeline. This assessment will identify the potential impacts of the pipeline and associated structures. The report will include recommended mitigation measures for impacts identified in the above study. Review Army' Corps of Engineers 404 nationwide permit obtained by the San Diego Pipeline Company for this project for references to Tustin and to San Diego Creek. Evaluate the existing noise setting based upon available documenta- tion. Document the potential for noise impacts resulting from the pro- posed pipeline. This analysis will consider the following factors. - Increase of noise level as a result of pipeline construction. - Noise level p°st-construction (Pipeline Operation). Population affected - size and location. Meteorological effects - winds, etc. 11 Recon~nend appropriate noise mitigation measures to either partially or fully mitigate the identified noise impacts. $oils/Landferm and Pipeline Enqineerinq Review existing soils information (supplied by SDPC) for compati- bility with proposed pipeline. Review existing geologic and seismic data {supplied by SDPC) for compatibility with proposed pipeline. Option: Provide boring logs along route and interpretation as it relates to pipeline. Option: Provide brief geotechnical analysis of pipeline route as it relates to p4peline safety. Review pipe, welding, coating, pressure, and elevation data {to be furnished by SDPC) and check pipe and material selection for code compliance. Review pipeline alignment drawings and existing substructure infor- mation {data to be supplied by SDPC) and check for obvious sub- structure interference (physical, electrical, thermal, etc.) could jeopardize safety of pipeline. Option: Review SDPC proposed construction specifications and procedures to ensure that they will serve to minimize risk of substructure interference. Review pipeline safety device protection systems, including leak detection systems, and check for code compliance and industry concurrent. Review proposed pipeline operating procedures for compliance with State and federal regulations, and for ability to minimize product l. oss in the event of line rupture. Review proposed cathodic protection system for protection of both new and existing lines. Review proposed pipeline backfill procedures and street paving specifications. 12 Discuss pipeline industry accident statistics and impact of age and cathodic coatings on pipeline safety. System Safety and Risk Assessment Identify potential risks presented by idle, abandoned, and new pipeline. Identify temporary risks associated with construction activity. Determine typical fuel migration and exposure paths. Determine and quantify impact of various types of releases and subsequent exposure. Identify vulnerable resources along new pipeline route. Review emergency response plans for effectiveness in dealing with potential risks. Compare Department of Transportation {DOT), Underground Service Alert {USA), and industry safety/risk statistics to this project and summarize findings. Prepare a matrix of categories of potential impacts using risk assessment data developed above. Using a frequency of occurrence and level of consequence design basis approach, we will produce a matrix of events with potential impacts assigned to each potential event. The matrix will be graphically presented and will be docu- mented and discussed in the body of the EIR. Traffic Provide a description of the existing traffic setting surrounding the project. {This will be based on existing data.) Document trips to be generated for each phase of the project, (i.e., construction/operation). This information will include: number and type of vehicle mix, number of working shifts per day for each phase of the project and the number of men and equipment needed per daily shift. 13 Assign the project trips generated for the proposed project. The results of this work task will define the number of trips associa- ted with each project phase, i.e., construction, operation, and the route that these trips will take to reach their destination. Determine street closures and/or lane closures anticipated during construction. Document project impact~. Impacts will be defined by the antici- pated volume of traffic to and from the staging area and construc- tion site, deterioration of the roadbed as a function of traffic volume and vehicle mix, and potential conflicts between construc- tion traffic along the construction route and passenger vehicles on common roadways. Recommend measures by which to mitigation impacts identified in the above task. Air Quality Obtain and review all existing documentation. This information will address the following: Sources of emission, e.g. fugitive dust, worker traffic, and heavy duty construction equipment and vehicles. Meteorology, i.e. regional and local conditions as they affect emissions from the project. Odor emissions due to pipeline construction and/or operations. Sensitive Receptors, nearby residents, schools, etc. Assess the above factors with respect to both local and regional air quality. This assessment will be based on existing data. Identify potential air quality impacts which may result from pipe- line development. Recommend air quality mitigation measures in order to either par- tially or fully eliminate the identified impacts. 14 l_ca Public Utilities Assess the need for either new utility lines and/or extensions to service the proposed pipeline and associated structures. Evaluate the environmental impacts associated with either install- ing new lines and/or extending existing lines. Recommend measures by which to mitigate the identified impacts. Franchise Aqreement. Review proposed franchise agreement and comment. LSA will work closely with the Community Development staff and the San Diego Pipeline Company to determine realistic project alternatives to be discussed in the EIR. 15 FEE ANO CONTRACT PROVISIONS LSA proposes to complete the project tasks Identified in this proposal for a not-to-exceed fee of $38,000. This amount includes all services, materials, and travel expenses and other costs associated with project pro- ductton. The standard contract provisions (attached) includes monthly btll- tng rates and invoice timing, and is made part of this proposal by reference. This proposal is based on the Request For Proposal meeting held by the City, conversations with the staff on the level of specificity required and documentation necessary for the EIR, the draft Inttial Study and the 'Envi- ronmental Assessment prepared by SOPC. It is our understanding that, due to the extent of controversy associated with this project and the extent of the review which this EIR will receive, the City is expecting an EIR with excep- tional documentation. This proposal and budget reflect the City's desire for this level of analysis, within the intent of CEQA and CEqA Guidelines. The following is an outline of the proposed schedule: Authorization to Proceed Late-June Notice of Preparation Early July Preparation of Screencheck (begins) Early July' City Review of Screencheck Early August .Revision of Screencheck Mid-August Draft EIR Distribution/Notice of Completion Mid-to Late August Public Review Period August-September Preparation of Response to Comments Mid-September Certification/Final Public Hearings September-Early October 16 PROJECT SPONSOR RESPONS]BXL]T]ES/COI~q~NTg In order to complete the work program according to the above schedule, provision of certain materials by the City and/or San Diego Pipeline Company is necessary. These include the following items: e An aertal photograph covering the project area and its vicinity. Copies of all background studies relevant to this project, includ- ing those listed in the scope of services section of this proposal. A written description of the proposed project and any plans pre- pared for the proposal. Copies of the City's General Plan, zoning maps and code. Need detailed alignment drawings for the proposed route and the existing route which will be abandoned. If not available, then need to confirm existing proposal maps are accurate enough for EIR use. e Need City and County drawing(s) for same routes giving existing substructure information. If not available, can: 1) pull data from various utilities and assemble as part of EIR, or 2) ensure that proposed construction procedures will minimize risk to and from substructure. 7. Need 8. Need g. pipe specification{s) giving size, grade, yield, etc. design pressures. Need normal operating pressure(s) and flowrates along the proposed route within Tustin. 10. Need ANSI flange rating, and type of face, RF or RTJ. 11. Need narrative description of cathodic protection system(s). I'f existing system is to used, need data on expected new loads and existing rectifier capacity. 12. Need description of proposed pipe coating system. 13. Need type of welding rod/process to be used. 18 14. 15. 16. 1'7. 18. 19. 20. 21. · 22. · 23. 24. Need proposed pipe testing procedures to be used on new line. Need description of line overpressure protection devices. Need description of line underpressure protection devices. Need description of line leak detection devices. Need elevation ~rofile data giving elevations and milepost data within Tustin, at nearest block valves, at nearest automatic or remotely operated valves, and at manned pumping station or ter- minals. State of California, State Fire Marshal, Division of Hazardous Liquid Pipeline Safety has not yet completed their report regarding November 1986 pipeline-rupture. Enersource is on mailing list and should receive final copy. Recommend City of Tustin write letter, on City letterhead, to State and request preliminary copy of report at whatever stage of completion as may be available. Environmental Assessment, Addendum 2.3, Pages 2-15 through 2-21, Page I of 3, Paragraph 3, statistics regarding 3,900 Bbl spill appear to be in error. Figures should be replaced with November 22, 1986 spill data? Environmental Assessment, Addendum 2.3, Pages 2-15 through 2-21, Page 2 of 3, Paragraph 1, implies pipeline system is presently protected by Waugh Controls leak detection system. This conflicts with City of Irvine Public Safety Commission report which states SCADA system is still under development. Levels of existing and future protection will need to differentiated and clarified. 'Environmental Assessment, Paragraph tures, such as adding slack to the during construction," need technical means. 5.1.1, "Special design lea- line, will be incorporated information as to what this Does City of Tustin allow use of slurry cement backfill in lieu of compaction for in-street work? Need to clarify, for the record, legal relationship between San Diego Pipeline and Southern Pacific Pipeline. 19 25. A pipeline franchise issued by a City or other governmental body is a privilege, not a right, granted to the operating company. As such, a myriad of terms, conditions, fees, etc., have been devel- oped by various governmental bodies over the past 10 years. Our landsman, Mr. Martin, has been active in the land rights business for the past 26 years. His experience in this area includes the acquisi,tion and review of several hundred franchises throughout California and other states. This past experience, together with his many years of experience in the pipeline industry, can bring valuable expertise in the review of franchise agreements, should this be desired. 2O KXHIBIT B SPE~CIAL REQUIP, EHENTS $OIEDULE OF STANDARD CONTRACT PROVISIONS and SCHEDULE OF STANDARD CONTP~ PROVISIO~ FEES FOR PROFESSIONAL SERVICES Fixed-Fee Contracts. If a fixed-fee proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided for the fixed fee noted in the Compensation and Terms section of the proposal.* All other professional services are considered extra services. Extra services shall be provided on a time-and-expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance. Hourly Contracts. If an hourly-plus-expenses proposal, the professional services described in the Scope of Services sect'ion of the attached proposal shall be provided on a time basis at current hourly rates. These rates are as shown on a Rate Schedule that is attached or can be made available. Hourly rates are subject to review at least annually on or about July I each year and may be adjusted to reflect changing labor costs at our discretion at that time. Out-of-pocket expenses shall be reimbursed at cost plus 10%, unless other arrangements are made in advance, and are not included in the hourly fee fbr professional services. Out-of-pocket expenses include, but are not limited to, costs of: 1) reproduction of reports and graphics furnished or prepared in connection with the work of the contract, 2) long-distance tele- phone and telegraph charges, 3) laboratory services, 4) automobile travel at 21 cents/mile, 5) other travel, subsistence, vehicle rental, and lodging in connection with the work of the contract, and 6) fees of specialized con- sultants retained with the approval of the client. The total estimated amount of time and expenses noted in the Compensa- tion and Terms section of this proposal will serve as a control on the set- vices to be provided. The specified amount will not be exceeded without prior approval of the client.. FR~OUENCY OF BILLING Monthly invoices shall be submitted for progress payment based on work completed to date. Out-of-pocket expenses shall be billed on the same mon- thly invoice and shall be identified asa separate item. PAYMENT OF ACCOUNTS Accounts are due and payable upon receipt of invoice. A service charge of 1-1/2% of the invoice amount (18% annual rate) may be applied to accounts not paid wtthin 30 days of invoice date. Any attorney's fees or other costs incurred tn collecting any delinquent amount shall be patd by the Client. TERMINATION OF SERVICES These services may be terminated upon ten days written notice for good reason by either party. In this event, payment for all services and expenses incurred prior to the date of termination shall be due and payable upon receipt of final invoice in accordance with the peovisions of the foregoing section. REVOCATION If Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received within 90 days of the date thereof. ARBITRATION Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in Newport Beach, California, in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event the Client makes a claim against LSA Associates, Inc., at law or otherwise, for any alleged error, omission or other act arising out of the performance of our professional services, and the Client fails to prove such claim, then the Client shall pay all costs, including attorney's fees, incurred by LSA in defending itself against the claim. F.~H ~B IT C ~CREDULE OF CO#1~EIISAT~O# HOURLY BILLING RATES Job Classification Principal Associate/Project Manager Assistant Project Manager Principal Investigator/Project Scientist Environmental Analyst/Assistant Planner/ Assistant Engineer Field Otrector (Archaeology/Paleontology) Graphics Technician Word Processing Field Crew/Office Assistant Hourly Rate1 $90-110 $60-80 $45-50 $40-45 $35-40 $30 $35-45 $30-35 $15-30 1The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be bt]led at $150 per hour regardless of job c]assification. Preparation leading to such testimony, however, is at the normal hourly rate.